As used in this Land Use Code, the following terms
shall have the meanings indicated:
ABUTTER
The owner of property bordering a subject lot or parcel of
land or structure including land or structure across a road, street,
right-of-way or waterway. Waterways are limited to a distance of 500
feet. This includes abutters across any municipal boundary lines.
Owners will be as listed in the town's assessing records.
ACCESSORY STRUCTURE OR USE
A use or structure which is customarily incidental and/or
subordinate to the principal use or structure and located on the same
lot. Accessory uses, when aggregated (formed by collection into a
mass or sum), shall not subordinate the principal use of the lot.
A deck or similar extension of the principal structure or garage attached
to the principal structure by a roof or a common wall is considered
part of the principal structure.
[Amended 5-2-2015 by ATM
Art. 29]
ADJACENT GRADE
The natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
ADULT BUSINESS ESTABLISHMENT/ADULT ENTERTAINMENT
Any retail business whether conducted from a fixed or mobile
location or vehicle, including, but not limited to, any bookstore,
newsstand, novelty store, nightclub, bar, cabaret, amusement arcade
or theater, which:
(1)
Keeps for public patronage or permits or allows
the operation or use of any adult amusement device containing sexually
explicit material; or
(2)
Permits any person on the premises, including
an employee, entertainer or patron, to expose that person's genitals,
pubic hair, buttocks or perineum, or the areola of a female breast,
to a patron or member of the general public.
(3)
Exhibits or displays, more often than an average
of two weeks during any calendar year of operation, any motion pictures
or any other visual representation described or advertised as being
"X-rated" or "for adult only," or which customarily excludes persons
from any portion of the premises by reason of immaturity of age by
the use of such or similar phrases; or
(4)
Has more than 10% of its stock-in-trade that
consists of products containing sexually explicit material; or
(5)
"Distributes" or "exhibits" any "obscene matter" as those terms are defined by 17 M.R.S.A. § 2911, Subsection
1.
AFFORDABLE HOUSING
Those units meeting the requirements set forth or defined
by the Maine State Housing Authority and the Department of Economic
and Community Development. Affordable housing includes government-assisted
or -subsidized housing; and low-income housing.
AFTER THE FACT
An action work has started, commenced or completed that normally
would require that a permit/license be secured before commencement.
AGGRIEVED PARTY
A person whose land is directly or indirectly affected by
the granting of denial of a permit or variance under this chapter;
or a person whose land abuts or is across a road or street or body
of water from land for which a permit or variance has been granted;
or any other person or group of persons who have suffered particularized
injury as a result of the granting or denial of such permit or variance.
The use of the words "body of water" is limited to a distance of not
more than 500 feet.
AGRICULTURE
The production, keeping or maintenance for sale or lease
of plants and/or animals, including but not limited to forages and
sod crops; grains and seed crops; dairy animals and dairy products;
poultry and poultry products; livestock; fruits and vegetables; and
greenhouse products. Agriculture does not include forest management
and timber harvesting activities.
ALTERATION
Any interior/exterior changes, addition or modification in
construction or change in the structural members of a building, such
as but not limited to walls, columns, beams or girders, or in the
use of a building.
ANIMAL BREEDING OR CARE
The keeping or raising of animals, including fowl, for any
commercial use. This definition also includes kennels.
ANIMAL HUSBANDRY
Dairying; raising of livestock; breeding or keeping of animals,
birds or fish as a business or gainful occupation. Specifically excluded
are fur farms, raising of pigs and dog kennels.
ANTENNA HEIGHT
The vertical distance measured from the base of the antenna
support structure at grade to the highest point of the structure,
even if said highest point is an antenna. Measurement of tower height
shall include antenna, base pad and other appurtenances and shall
be measured from the finished grade of the facility site. If the support
structure is on a sloped grade, then the average between the highest
and lowest grades shall be used in calculating the antenna height.
AQUACULTURE
The growing or propagation of harvestable fresh or salt water,
estuarine or marine plant or animal species.
ART GALLERY, MUSEUM, OR LIBRARY
A facility intended for public access to view, read, listen
to, and/or watch audio-visual materials (which may include related
presentations, such as meetings, forums, and lectures). However, a
facility intended primarily for the viewing of plays and/or movies
or similar material, such as a theater, shall not be considered an
art gallery, museum, or library. Art galleries, museums, and libraries
are examples, but all other such facilities ate included within this
definition. Such a facility may make sales of materials related to
its function, either for-profit or on a nonprofit basis.
[Added 6-20-2022 by ATM Art. 30]
BASAL AREA
The area of cross-section of a tree stem at 41/2 feet above
ground level and inclusive of bark.
BASEMENT
Any area of the building having its floor subgrade (below
ground level).
[Amended 5-3-2004 by ATM Art. 75]
BED-AND-BREAKFAST
Any dwelling with more than three but fewer than 10 rooms
where lodging, boarding or lodging capabilities are provided and the
service or sale of food or drink is offered to the users for compensation/income.
BOATHOUSE
A structure for the sole purpose of protecting or storing
boats and related gear or equipment.
BOAT LAUNCHING FACILITY
A facility designed primarily for the launching and landing
of watercraft, and which may include an access ramp, docking area
and parking spaces for vehicles and trailers.
BUILDABLE LAND
Land in a parcel which is left over after all deductions
made under the net residential area or acreage calculations have been
made.
[Added 5-8-2010 by ATM Art. 73]
CAMPGROUND
Any area, tract or parcel of land used to accommodate two
or more parties in temporary living quarters, including but not limited
to tents, recreational vehicles, camper trailers or other camping
outfits or shelters.
CAMPSITE
An area of land which is developed for repeated camping by
only one group not to exceed six individuals and which involves site
improvements, which may include but is not limited to gravel pads,
parking areas, fireplaces or tent platform(s).
CERTIFICATE OF COMPLIANCE
A document signed by the Code Enforcement Officer stating
that a structure is in compliance with all of the provisions of this
Land Use Code.
CHILD-CARE FACILITY
A building or buildings in which a person or persons maintains
or otherwise carries out a program, for any part of the day, providing
care and protection. Child-care facilities, with or without consideration
for the services rendered, may be operated as a service business or
within a church or community building.
CODE ENFORCEMENT OFFICER
A person appointed by the Board of Selectmen to administer
and enforce the codes and ordinances of the Town of Boothbay Harbor.
Reference to the "Code Enforcement Officer" may be construed to include
Building Inspector, Plumbing Inspector, Health Officer and the like,
where applicable.
COLLOCATION
The use of a wireless communications facility by more than
one wireless communications provider.
COMMERCIAL
The use of lands, buildings or structures, other than a home
occupation, where the intent and result of an activity is the production
of income from the buying, selling, trading, renting or leasing of
goods and/or services, except the second unit of a structure known
as a "duplex."
COMMERCIAL FISHERIES ACTIVITIES
Activities directly related to commercial fishing and those
commercial activities commonly associated with or supportive of commercial
fishing, such as the manufacture or sale of ice, bait and nets and
the sale, manufacture, installation or repair of boats, engines and
other equipment or hardware commonly used on commercial fishing boats.
COMMUNICATIONS TOWER
A structure used for transmitting and receiving radio, microwave
or similar electromagnetic signals, not including antennas and satellite
dishes designed for ordinary home or farm use. "Communications tower"
shall not mean a utility pole that supports electric or telephone
transmission lines and which is owned by a public utility.
COMMUNITY SERVICE ORGANIZATION
A nonprofit charitable institution, not to include private
clubs, the primary function of which is serving the public health
or social welfare of the community.
COMPLETED APPLICATION
All information has been submitted and answers provided;
the reviewing authority is satisfied that the information submitted
is sufficient to commit the applicant to a documented course of development
or construction; the information submitted is sufficient for each
Board member to make a decision to approve or disapprove the request
or application.
COMPREHENSIVE PLAN
Any part or element of the overall plan and policy for development
of the Town of Boothbay Harbor, Maine, as defined in 30-A M.R.S.A.
§ 4314, and all amendments and revisions thereto.
[Added 5-8-2010 by ATM Art. 73]
CONDITIONAL USE
As used under the prior Zoning Ordinance, Chapter
170, a use of land, building or structure that generally would be appropriate in the zoning district for which it is proposed; however, due to existing conditions, such as but not limited to the natural conditions of the land, roads, streets, public utilities or services, growth and the accumulative effect of that use in that district or area of town, where it has been deemed necessary to protect the public health, safety and welfare, certain restrictions and controls may or will be needed to meet the intentions and purposes of this chapter. Conditional uses may be permitted only after review and approval by the Planning Board.
CONDOMINIUM
A form or arrangement of ownership interest of real estate,
portions of which are designated for separate ownership and the remainder
of which are for common ownership solely by the owners of those portions
under a declaration or an amendment to a declaration, duly recorded
pursuant to Maine law. Real estate is not a condominium unless the
undivided interests in the common elements are vested in the unit
owners.
CONFORMING
A building, structure or use of land or portion thereof which
complies with all the applicable provisions of this Land Use Code.
CORNER LOT
A lot located at the intersection of two streets, roads or
public rights-of-way.
DECK
A structure that is open to the elements of the weather of
which the highest part or portion is elevated at least six inches
above the ground.
DEVELOPMENT
Any change caused by individuals or entities to improved
or unimproved real estate, including but not limited to the construction
of buildings or other structures; the construction of additions or
substantial improvements to buildings or other structures; mining,
dredging, filling, grading, paving, excavation, drilling operations
or storage of equipment or materials; and the storage, deposition,
or extraction of materials, public or private sewage disposal systems
or water supply facilities.
DIMENSIONAL REQUIREMENTS
The numerical standards relating to spatial relationships,
including but not limited to setback, lot area, shore frontage and
height.
DISABILITY
Any disability, infirmity, malformation, disfigurement, congenital
defect or mental condition caused by bodily injury, accident, disease,
birth defect, environmental conditions or illness; and also includes
the physical or mental condition of a person which constitutes a substantial
handicap as determined by a physician or in the case of mental handicap,
by a psychiatrist or psychologist, as well as any other health or
sensory impairment which requires special education, vocational rehabilitation
or related services.
DRIVEWAY
Access route or right-of-way to any single-family dwelling
or to a duplex building.
[Amended 5-8-2010 by ATM Art. 73]
DUPLEX
Two dwelling units in one structure.
DWELLING
A building/structure designed or used as the permanent or
seasonal living quarters for one or more families. The word is not
deemed to include hotel or motel. The word includes mobile homes,
but not trailers, camper trailers or recreational vehicles.
DWELLING UNIT
A room or group of rooms providing habitation for one family,
including provisions for living, sleeping, cooking and plumbing. The
word includes mobile homes, but not trailers, camper trailers or recreational
vehicles. The word "plumbing" includes bathing and sanitary facilities.
EASEMENT
The authorization of a property owner for the use by another,
and for a specified purpose, of any designated part of his/her property.
[Added 5-8-2010 by ATM Art. 73]
EMERGENCY OPERATIONS
Activities needing to be conducted in a lesser time span
than the normal processing time periods relating to public health,
safety or general welfare, such as protection of resources from immediate
destruction or loss, law enforcement and operations to rescue human
beings, property and livestock from the threat of destruction or injury.
ENGINEER
A person licensed by the State of Maine as an engineer.
[Added 5-8-2010 by ATM Art. 73]
ESSENTIAL SERVICES
Gas, electrical or communication facilities; steam, fuel,
electric power or water transmission or distribution lines, towers
and related equipment; telephone cables or lines, poles and related
equipment; gas, oil, water, slurry or other similar pipelines; municipal
sewage lines, collection or supply systems; and associated storage
tanks. Such systems may include towers, poles, wires, mains, drains,
pipe, conduits, cables, fire alarms and police call boxes, traffic
signals, hydrants and similar accessories, but does not include service
drops or buildings which are necessary for the furnishing of such
services. Also included within this definition is the construction
of such essential services.
EXCAVATION
Any removal of earth or earth material in excess of 10 cubic
yards from its original position in any 12 consecutive months.
EXPANSION OF A STRUCTURE
The 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 and the enclosing of a porch, deck
or patio, or the addition of antennas, towers or other devices to
an existing structure.
EXPANSION OF A USE
The addition of weeks or months to a use's operating season;
additional hours of operation; or the use of more floor, ground or
land area devoted to a particular use.
FAA
The Federal Aviation Administration, or its lawful successor.
FAMILY
One or more persons occupying a dwelling and living as a
single housekeeping unit. This does not include a group occupying
a tourist home, rooming house, hotel, motel or inn.
FARM
See the definition of "agriculture."
[Amended 5-2-2005 by ATM Art. 88]
FCC
The Federal Communications Commission, or its lawful successor.
FINAL SUBDIVISION PLAN
The final drawings on which the subdivider's plan of the
subdivision is presented to the Planning Board for approval and which,
if approved, shall be filed for record with the Town and the Lincoln
County Registry of Deeds.
[Added 5-8-2010 by ATM Art. 73]
FIRE LANE
An unobstructed lane of travel into or through an area for
emergency vehicle use. Fire lanes shall be a minimum of 15 feet in
width.
FIREWOOD PROCESSING
A place where firewood is delivered, cut and split and from
which it is sold for commercial purposes.
FLOOR AREA
The sum of the horizontal area of the floors of a structure
enclosed by exterior walls, plus the horizontal area of any unenclosed
portions of a structure such as porches and decks.
FOREST MANAGEMENT ACTIVITIES
The timber cruising and other forest resource evaluation
activities, pesticide or fertilizer application, management planning
activities, timber stand improvement, pruning, regeneration of forest
stands, fire lanes and other similar or associated activities, exclusive
of timber harvesting and the construction, creation or maintenance
of roads.
FORESTED WETLAND
A freshwater wetland dominated by woody vegetation that is
six meters tall or taller.
FOUNDATION
The supporting substructure of a building or other structure,
including but not limited to basements, slabs, sills, posts or frost
walls.
FRONTAGE
The length of a lot bordering on a public or private street,
road or right-of-way or, in the case of land frontage on public waters,
the length in a straight line measured between the intersections of
the side lines with the shoreline at high-water elevation.
FRONT YARD
The space extending for the width of a lot between the extreme
front line of a building and the nearest street, road or outer boundary
line of a right-of-way.
FUNCTIONALLY WATER-DEPENDENT USES
Those uses that require, for their primary purpose, location
on submerged lands or that require direct access to, or location in
coastal waters and cannot be located away from these waters. These
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, retail and wholesale
fish marketing facilities, waterfront dock and port facilities, shipyards,
boat building facilities, marinas, navigation aides, basins and channels,
industrial uses dependent upon waterborne transportation or requiring
large volumes of water for cooling or processing water that cannot
reasonably be located or operated at an inland site, and uses which
primarily provide general public access to marine or tidal waters.
Functional water-dependent uses do not include recreational boat or
boat equipment storage buildings.
[Amended 5-5-2003 by ATM Art. 20; 5-3-2019 by ATM Art.
5]
GASOLINE SERVICE STATION
Any place of business at which gasoline, other motor fuels
or motor oil are sold to the public for use in a motor vehicle, regardless
of any other business on the premises.
GREAT POND
Any inland body of water which in a natural state has a surface
area in excess of 10 acres, and any inland body of water artificially
formed or increased which has a surface area in excess of 30 acres
except for the purposes of this Land Use Code where the artificially
formed or increased inland body of water is completely surrounded
by land held by a single owner.
GREAT POND CLASSIFIED GPA
Any great pond classified GPA, pursuant to 38 M.R.S.A. § 465-A,
includes some but not all impoundments of rivers that are defined
as great ponds.
HALF STORY
The space under a sloping roof which has the line of intersection
of the roof decking and wall face not more than three feet above the
top floor level, and in which space not more than 1/2 of the floor
area is finished off for use.
[Amended 5-3-2019 by ATM Art. 3]
HEAD OF THE HARBOR
All the shoreland and lands adjacent to the inner harbor
area north of the town's footbridge.
HEAVY INDUSTRY
An industry which exceeds one or more of the definitions
of a light industry.
HEIGHT OF BUILDING/STRUCTURE
The vertical distance between the mean finished grade or
the mean original grade, whichever is lowest in elevation, at the
building or structure and the highest point of the roof. Excluded
are chimneys, steeples, antennas (not antenna dishes) and similar
appurtenances which have no floor area.
[Amended 5-3-2004 by ATM Art. 75]
(1)
Measurements to establish mean finish grade
must be taken at the foundation, slab or post that support the building
or structure, and inside any projecting deck, porches or overhangs.
(2)
Measurements to establish mean existing grade
must be taken at the locations representing the outer edge of the
foundation, slab or post that will support the proposed building or
structure not including any proposed deck, porches or overhangs.
HIGH-WATER MARK
(1)
In tidal waters, that line which is apparent
from visible marking, 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.
For the Boothbay Harbor area, this elevation is 5.9 feet local datum
or 7.4 feet NGVD.
(2)
In nontidal waters, that line on the shores
and banks of nontidal waters which is apparent because of the contiguous
different character of the soil or the vegetation due to the prolonged
action of the water. Relative to vegetation, it is that line where
the vegetation changes from predominantly aquatic to predominantly
terrestrial (by way of illustration, aquatic vegetation includes but
is not limited to the following plants and plant groups: water lily,
pond lily, pickerelweed, cattail, wild rice, sedges, rushes and marsh
grasses; and terrestrial vegetation includes but is not limited to
the following plants and plant groups: upland grasses, aster, lady
slipper, wintergreen, partridgeberry, sarsaparilla, pines, cedars,
oaks, ashes, alders, elms and maples). In places where the shore or
bank is of such character that the high-water mark cannot be easily
determined (rockslides, ledges, rapidly eroding or slumping banks),
the high-water mark may be estimated from places where it can be determined
by the above method.
HISTORICAL OR ARCHAEOLOGICAL RESOURCES
Resources that are:
(1)
Listed individually in the National Register
of Historic Places or eligible for listing on the National Register.
(2)
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary of the Interior to qualify as a registered historic
district.
(3)
Individually listed on a state inventory of
historic places which has been approved by the Secretary of the Interior.
(4)
Individually listed on a local inventory of
historic places that has been certified either by an approved state
program determined by the Secretary of the Interior, or directly by
the Secretary of the Interior.
(5)
Areas identified by a governmental agency such
as the Maine Historic Preservation Commission as having significant
value as a historic or archaeological resource and any areas identified
in the Comprehensive Plan, which have been listed or are eligible
to be listed on the National Register of Historic Places.
HISTORIC LANDMARK
Any improvement, building or structure of particular historic
or architectural significance to the Town relating to its heritage,
cultural, social, economic or political history, or which exemplifies
historic personages or important events in local, state or national
history identified in the municipality's Comprehensive Plan, which
have been listed or are eligible to be listed on the National Register
of Historic Places.
HOME OCCUPATION
An occupation or profession which is carried on in a dwelling
unit or other structure accessory to a dwelling unit by a member of
the family residing in the dwelling unit, clearly incidental and secondary
to the use of the dwelling unit for residential purposes, and which
employs no more than two persons other than family members residing
in the dwelling. A retail sales outlet does not qualify as a home
business unless the item sold is a product of the owner's labor (e.g.,
manufactured, produced, created, grown, caught).
HOSPICE
A building or structure which is used for the housing and
care of terminally ill human beings. It shall also include accessory
uses which are directly associated with the housing and care of terminally
ill human beings such as kitchen facilities, solariums, physicians'
office, etc.
HOTEL
A commercial building or group of buildings consisting of
10 or more units built to accommodate, for a fee, travelers and other
transient guests who are staying for a limited duration with sleeping
rooms without cooking facilities, each unit having its own private
bathroom and its own separate entrance leading either to the outdoors
or a common corridor or hallway. A hotel or motel may include restaurant
facilities where food is prepared and meals are served to its guests
and other customers.
HOUSEHOLD PETS
Animals normally expected to be found living or habitating
a dwelling unit with the human occupants. By itself, the fact that
an animal habitates (lives) in a dwelling unit does not constitute
a "household pet."
INCREASE IN NONCONFORMITY OF A STRUCTURE (OUTSIDE THE SHORELAND
ZONE)
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 center
lines, side yards or rear yards, 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 center line or
property line than the closest portion of the existing structure from
that center line or property line. Included in this allowance are
expansions which in-fill irregularly shaped structures.
[Added 5-3-2013 by ATM
Art. 38]
INDIVIDUAL PRIVATE CAMPSITE
An area of land which is not associated with a campground,
but which is developed for repeated camping by only one group not
to exceed 10 individuals and which involves site improvements which
may include but not be limited to gravel pads, parking areas, fire
places or tent platforms.
INDUSTRIAL
The assembling, fabrication, finishing, manufacturing or
processing of goods, or the extraction of minerals.
INDUSTRY
An establishment engaged in the mechanical or chemical transformation
of materials or substances into new products which may include the
assembly of component parts, the manufacturing of products and/or
the blending of materials such as lubricating oils, plastics or resins.
JUNKYARD
See Maine Law/Statute 30-A § 3752.
[Amended 5-2-2005 by ATM Art. 88]
KENNEL, COMMERCIAL
Any place, building, tract of land or abode in or on which
privately owned dogs or other pets, or both, are kept for the owners
in return for a fee.
LEGISLATIVE BODY
Town Meeting, Town of Boothbay Harbor, Maine.
[Added 5-8-2010 by ATM Art. 73]
LIBRARY
See "art gallery, museum, or library."
[Added 6-20-2022 by ATM Art. 30]
LINE OF SITE
The direct view of the object from the noted scenic resource.
LIGHT INDUSTRY
An industry which meets the following performance criteria:
(1)
All aspects of the industrial process are carried
on within the industrial structure.
(2)
Noise level of the industrial process does not
exceed 75 decibels at any property line.
(3)
Exterior storage of materials occupies no larger
than 2,000 square feet of contiguous land area.
(4)
There are no water or air emissions other than
sanitary waste.
(5)
The number of trucks requiring a Class 1 or
Class 2 license does not typically exceed 10 per day.
(6)
There is no manufacture of hazardous materials
in quantities large enough to cause a public health hazard in case
of accidental release.
(7)
The definition does not include seafood processing.
LOT
A parcel of land, described on a deed, plot or similar legal
document.
LOT AREA
The area of land enclosed within the boundary lines of a
lot, minus any land below the high-water line of a water body or upland
edge of a wetland and areas beneath roads serving more than two lots.
LUMBERYARD
A place where lumber and other building construction materials
are sold.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is designed for use with or without a permanent foundation when connected
to the required utilities. For floodplain management purposes, the
term "manufactured home" also includes park trailers, travel trailers
and other similar vehicles placed on a site for greater than 180 consecutive
days.
[Amended 5-3-2004 by ATM Art,. 75]
MARINA
A business establishment having frontage on navigable water
and, as its principal use, providing for hire offshore moorings or
docking facilities for boats, and which may also provide accessory
services such as boat and related sales, boat repair and construction,
indoor and outdoor storage of boats, boat launching and hauling, marine
equipment, bait and tackle sales, the sale of provisions, such as
unprepared food, ice, water and beverage items and marine fuel service
facilities. To provide the services of a full-transit-type marina,
the sale of prepared foods may be allowed; however, the sale must
be limited to sandwiches and soft drinks and a seating capacity of
no more than nine persons (indoor or outdoor seats), and the business
must provide a minimum of seven of the above services.
MARITIME ACTIVITIES
The construction, repair, storage, loading and unloading
of boats, ships or barges, chandlery and other commercial activities
designed and intended to facilitate maritime trade.
MARKET VALUE
The estimated fair market value of the subject structure
that is set or determined by a Maine-State-certified real estate appraiser
or assessor. The appraisal shall be performed for the whole property,
including land and all structures. The appraisal must be broken down
into individual components so as to show individual structures and
their market values. In all cases, the market value will pertain only
to the structure in question and does not include land, landscaping
or any detached accessory structures on the property. However, when
a structure is on a pier or dock, it does include that portion or
part of the pier beneath the footprint of the structure.
MICRO-BREWERY
A place where malt liquors are manufactured as an accessory
to a restaurant, provided that such malt liquors are manufactured
primarily for consumption on the premises (sales of no more than 50
gallons per month to other business establishments).
MINERAL EXPLORATION
The hand sampling, test boring or electronic methods of determining
the nature or extent of mineral resources which create minimal disturbance
to the land and which include reasonable measures to restore the land
to its original condition.
MINERAL EXTRACTION
Any operation within any twelve-month period which removes
or displaces more than 100 cubic yards of soils, topsoil, loam, sand,
gravel, clay, rock, peat or other like material from its natural location.
MOBILE HOME/HOUSE TRAILER
A detached totally self-contained residential dwelling unit
which is 32 feet or more in length (including tongue), designed for
transportation, after fabrication, on streets and highways, arriving
at the site where it is to be occupied as a permanent or seasonal
dwelling complete and ready for occupancy except for location on jacks
or other temporary or permanent foundations and connections to approved
facilities. A mobile home remains a mobile home for the purpose of
this Land Use Code even though it may be used for advertising, sales,
display, storage or promotion of merchandise or services or for any
other use except the transportation of property.
MOBILE HOME PARK
A contiguous parcel of land under unified ownership approved
by the Town for the placement of mobile homes which are to be rented,
leased or sold.
MODULAR HOME
A prefabricated residential structure which is transported
in two or more sections to its site where it is joined together and
set on a permanent foundation. This includes homes classified as "double-wide
trailers."
MOTOR HOME
A motorized vehicle that provides temporary living quarters
for recreational camping, travel or other similar uses.
MULTIFAMILY DWELLING
A residential structure containing three or more dwelling
units, such structures 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 units.
MUSEUM
See "art gallery, museum, or library."
[Added 6-20-2022 by ATM Art. 30]
NEIGHBORHOOD GROCERY STORE
A small retail store of less than 1,600 square feet, selling
food and convenience items and serving the residents in the immediate
vicinity.
NET RESIDENTIAL AREA OR ACREAGE
The area of a parcel which is suitable for development as
determined by the Planning Board; shall be calculated by subtracting
the following from the total or gross acreage of a parcel:
[Added 5-8-2010 by ATM Art. 73]
(1)
Total acreage that is used for street and sidewalk rights-of-way.
(2)
Portions of the parcel containing slopes over 35%.
(3)
Portions of the parcel shown to be within the one-hundred-year
floodplain and floodway as designated on Federal Emergency Management
Agency (FEMA) maps.
(4)
Portions of the parcel located in the Resource Protection District.
(5)
Portions of the parcel which are unsuitable for development
in their natural state due to drainage or subsoil conditions, including,
but not limited to:
(a)
Water table at or near the surface for all or part of the year.
(b)
Unstable soils, such as Sebago Mucky Peat.
(6)
Portions of the parcel covered by surface water bodies. Where
the extent of unsuitability in a specific case requires interpretation,
the Planning Board shall be guided by whether or not the potentially
unsuitable area could be incorporated and used in the parcel if the
entire tract were developed as a traditional minimum size subdivision.
NONCONFORMING
The use of a building, structure, premises, land or a portion
thereof existing at the effective date of adoption or amendment of
this Land Use Code, which does not conform to all applicable provisions
of this Land Use Code.
NONCONFORMING USE
A use of building(s), land or parts thereof which is not
permitted in the district in which it is situated which, however,
is allowed to remain or continue solely because it was in lawful existence
at the time this Land Use Code or subsequent amendment took effect.
NONCONFORMING STRUCTURE
A structure that does not meet any one or more of the following
dimensional requirements of the district in which it is located, including
setbacks, height, yard or lot coverage. However, it is allowed solely
because it was in lawful existence at the time this Land Use Code
or subsequent amendments took effect.
NONCONFORMING LOT
A single lot of record which, at the effective date of adoption
or amendment of this Land Use Code, does not meet the area, frontage,
width or depth requirements of the district in which it is located.
OPEN SPACE
Land set aside for passive and/or active use, including recreation
purposes, preservation of environmentally sensitive areas, undevelopable
land and buffers.
[Added 5-8-2010 by ATM Art. 73]
OUTDOOR CONSERVATION
A nonintensive recreational use not requiring structures,
such as hunting, fishing, hiking, snowmobiling, fire prevention activities,
wildlife management practices, soil and water conservation practices,
harvesting of wild crops and public or private parks and recreation
areas involving minimal structural development.
PARKING AREA
An area on the ground or structure at ground level designed
or used for the daily parking of vehicles. A parking area is considered
an accessory use or structure and must be associated with an approved
principal structure. See "parking facility."
[Added 5-3-2004 by ATM Art. 73; amended 5-2-2015 by ATM Art.
28]
PARKING FACILITY
An off-street, ground-level area, usually surfaced and improved,
for the temporary storage of motor vehicles; or a deck, building or
structure, or part thereof, used or intended to be used for the parking
and storage of motor vehicles.
PARKING SPACE
A minimum area of 162 square feet, 18 feet by 9 feet, exclusive
of drives, aisles or entrances, fully accessible for the storage or
parking of vehicles.
PATIO
Any open (may be covered but not enclosed) structure constructed
or placed on/in the ground, any part or portion of which must be less
than six inches above ground level.
PERMANENT STRUCTURE
Any structure constructed or erected with a fixed location,
or attached to a structure with a fixed location, on or in the ground
or having a fixed location in, on or over the water for a period exceeding
7 months each year, including but not limited to causeways, piers,
docks, concrete slabs, piles, marinas, retaining walls and buildings.
PERMITTED USE
The primary use allowed to locate in a district as a matter
of right.
PERSON
An individual, corporation, governmental agency, municipality,
trust, estate, partnership, association, two or more individuals having
a joint or common interest, or other legal entity.
PLANNED UNIT/CLUSTER DEVELOPMENT
A concept of land development to allow maximum variation
of design, provided that required residential densities are not exceeded.
The development must be planned as a whole according to comprehensive
and detailed plans, including streets, utilities, lot or building
sites, design of all buildings to be constructed and other uses and
improvements on the land.
PORCH or PIAZZA
A structure protected from one or more of the elements of
the weather, any part or portion of which is elevated a minimum of
six inches above the ground.
PRELIMINARY SUBDIVISION PLAN
The preliminary drawing indicating the proposed layout of
the subdivision to be submitted to the Board for its consideration.
[Added 5-8-2010 by ATM Art. 73]
PRINCIPAL OR PRIMARY USE
The primary use to which the premises, i.e., the land, buildings
and other structures on a single lot of land, is devoted and the main
purpose for which the premises exists and which is identified as an
allowed use under the Land Use Table.
[Amended 5-2-2015 by ATM
Art. 31]
PROFESSIONAL
(1)
A person that is engaged in one of the learned
professions characterized by an occupation requiring a specialized
knowledge that is preceded by a long and intensive academic preparation;
or
(2)
A person that is engaged in a profession having
the required certification by a state, federal or national licensing
or certification board.
PUBLIC BUILDING OR STRUCTURE
A building owned by a unit or agency of local government,
the State of Maine and any of its agencies or the United States government
and any of its agencies.
PUBLIC FACILITY
Any facility, including but not limited to buildings, property,
recreation area and roads, which are owned, leased or otherwise operated
or funded by a governmental body or public entity.
PUBLIC RECREATION
An area or structure designed or created for relaxational
uses, owned, operated or funded by a governmental body or public entity.
PUBLIC UTILITY
Any person, firm, corporation, municipal department, board
or commission authorized to furnish gas, steam, electricity, waste
disposal, communication facilities, transportation or water to the
public.
RECREATIONAL FACILITY
A place designed and equipped for the conduct of sports,
leisure time activities and other customary and usual recreational
activities excluding boat launching facilities.
RECREATION FACILITY, INDOOR
A structure operated as a business and open to the public
for a fee for activities such as, but not limited to, tennis, racquetball
and bowling. The definition shall include 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.
RECYCLING CENTER
A facility which handles recycled solid materials that have
been separated from the municipal solid waste prior to their receipt
at the recycling facility, and are free from and will not produce
putrescible or other solid wastes, liquid wastes, or any special or
hazardous wastes. A recycling facility shall not include any facility
which requires a permit for the operation of an automobile graveyard/junkyard
and automobile recycling business as defined in this article. A recycling
center may include a redemption center as an ancillary and subsidiary
use.
REDEMPTION CENTER
A facility licensed by the Maine Department of Agriculture
which collects beverage containers and refunds the statutory deposit
pursuant to 32 M.R.S.A. § 1861 et seq. (1988 and Supp. 1991).
The facility shall also store the beverage containers on-site for
a period of time not to exceed 30 days and for the ultimate collection
by the beverage distributor.
REPLACEMENT SYSTEM
A system intended to replace an existing system which is
either malfunctioning or being upgraded with no significant change
of design flow or use of the structure, or to replace any existing
overboard wastewater discharge.
RESORT
An area of land, five or more acres in size, and an accumulation
of 10 or more structures which support seasonal housing or recreational
activities. To qualify under this definition, a resort must operate
a minimum of three sporting or recreational activities.
RESTAURANT
A public eating place having 10 or more seats.
RESUBDIVISION
The division or alteration of an existing subdivision.
[Added 5-8-2010 by ATM Art. 73]
RIGHTS-OF-WAY
All public or private roads and streets, state and federal
highways, private ways (now called public easements) and public land
reservations for the purpose of public access as designed on the Official
Map of the Town.
RIPRAP
Rocks, irregularly shaped and at least six inches in diameter,
used for erosion control and soil stabilization, typically used on
ground slopes of two units horizontal to one unit vertical or less.
RIVER
Any 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.
ROAD
A route or track consisting of a bed of exposed mineral soils,
gravel, asphalt or other surfacing material constructed for or created
by the repeated passage of motorized vehicles.
ROOMING, BOARDING OR GUEST HOUSE
Any dwelling in which more than three but fewer than 10 rooms
in which lodging or boarding uses or capabilities are provided and/or
offered to the public for compensation. If a food or drink is offered,
see the definition for "bed-and-breakfast."
SALT MARSH
An area along coastal waters (most often along coastal bays)
which supports salt-tolerant species and where at high tide during
the growing season the soil is inundated by tidal waters. The predominant
species is salt-marsh cordgrass (Spartina alterniflora). Open water
areas may also support widgeongrass, eelgrass and Sago pondweed.
SALT MEADOW
An area which supports salt-tolerant plant species bordering
the landward side of salt marshes or open coastal water, where the
soil is saturated during the growing season but which is rarely inundated
by tidal water. Indigenous plant species include saltmeadow cordgrass
(Spartina patens) and black rush; common three-square occurs in fresher
areas.
SCENIC RESOURCE
That specific location, view or corridor, as may be identified
in the Comprehensive Plan or by a state or federal agency, that consists
of:
(1)
A three-dimensional area extending out from
a particular viewpoint, focusing on a single object, such as a mountain,
resulting in a narrow corridor, or a group of objects, such as downtown
skyline or mountain range, resulting in a panoramic view corridor;
or
(2)
A vehicular right-of-way or viewpoint that contains
lateral terrain features such as valley sides or woodland as observed
to either side of the observer, constraining the view into a narrow
or particular field, as seen as one travels along a roadway, waterway
or both.
SEASONAL WOOD PRODUCT
Items that are harvested from the forest for sale or use
depending on the time of the year (i.e., Christmas trees or wreaths).
SERVICE DROP
Any utility line extension which does not cross or run beneath
any portion of a water body, provided that:
(1)
In the case of electric service:
(a)
The placement of wires and/or the installation
of utility poles is located entirely upon the premises of the customer
requesting services or upon a roadway right-of-way; and
(b)
The total length of the extension is less than
1,000 feet.
(2)
In the case of telephone service:
(a)
The extension, regardless of length, will be
made by the installation of telephone wires to existing utility poles;
or
(b)
The extension requiring the installation of
new utility poles or placement underground is less than 1,000 feet
in length.
SETBACK
The minimum horizontal distance from a lot line, right-of-way,
road, high-water mark, edge of a wetland or another structure to the
nearest part of the subject building or structure, including overhangs.
[Amended 5-6-2002 by ATM Art. 20]
SHOPPING CENTER
A group of architecturally unified commercial establishments
built on a site which is planned, developed, owned and managed as
an operating unit related in its location, size and type of shops
to one trade area that the unit serves. The unit provides on-site
parking in definite relationship to the types and total size of the
stores.
SHORE FRONTAGE
The 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 high-water elevation.
SHORELAND ZONE
All land areas within and seaward of 250 feet, horizontal
distance, of the high-water mark of any pond, river or salt water
body; within 250 feet of the upland edge of a coastal or freshwater
wetland; or within 75 feet of the high-water line of a brook or stream.
SIDEWALK
A paved way for pedestrian traffic which is constructed parallel
to a road.
[Added 5-8-2010 by ATM Art. 73]
SIGNIFICANT WILDLIFE HABITAT
Habitat for species appearing on the official state or federal
lists of endangered or threatened species; high- and moderate-value
deer wintering areas and travel corridors as defined by the Department
of Inland Fisheries and Wildlife; high and moderate value waterfowl
and wading bird habitats, including nesting and feeding areas as defined
by the Department of Inland Fisheries and Wildlife; critical spawning
and nursery areas for Atlantic sea run salmon as defined by the Atlantic
Sea Run Salmon Commission; and shorebird nesting, feeding and staging
areas and seabird nesting islands as defined by the Department of
Inland Fisheries and Wildlife.
SITE
The location, place, position or area of the item in question.
When referencing a location, place or position, the site shall be
to the principal property lines.
SLASH/SLASHING
Means, but is not limited to, tree bark, branches, tops,
chunks, cull logs, uprooted stumps, broken or uprooted trees and shrubs
that are left on the ground as a result of a timber harvest operation,
right-of-way construction or maintenance, development or land clearing
work or operation.
[Added 5-1-2000 by ATM Art. 43]
SOCIAL, FRATERNAL ORGANIZATION
A group of people formally organized for a common interest,
usually cultural, religious or entertainment, with regular meetings,
rituals and formal written membership requirements.
START OF CONSTRUCTION
The date the building permit was issued, provided that the
actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, substantial improvement or other improvement
was within 180 days of the permit date. The actual start means either
the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of
piles, the construction of columns or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for basement,
footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
STREAM OR BROOK
A free-flowing body of water from the outlet of a pond or
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 15-minute series topographic map, to the
point where the body of water becomes a river. A stream or brook also
means a channel between defined banks, including the floodway and
associated flood plain wetlands where the channel is created by the
action of the surface water and 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 on exposed
soil, parent material or bedrock.
STREAM PROTECTION DISTRICT
All land areas within 75 feet, horizontal distance, of the
high-water line of a stream, exclusive of those areas within 250 feet
of the high-water line of a great pond, river or saltwater body or
within 250 feet of the upland edge of a freshwater or coastal wetland.
Where streams are located within 250 feet of the above water bodies
or wetlands, the standards for the district adjacent to the water
body or wetland shall apply.
STREET
Means and includes such ways as alleys, avenues, boulevards,
highways, roads, streets and other rights-of-way intended for vehicular
traffic. The term "street" shall also apply to areas on subdivision
plans designated as "streets," etc.
[Amended 5-8-2010 by ATM Art. 73]
STRUCTURE
Anything built for the support, shelter or enclosure of persons,
animals, goods or property of any kind. "Structures" include but are
not limited to buildings, platforms, decks, patios, in-ground swimming
pools, wharves, piers and driveways, earthwork and sanitary sewer
disposal facilities, radio towers and antennas and antenna/satellite
dishes. Excluded shall be fences equal to, or less than six feet in
height, doghouses, tree houses designed for children's use, and public
transportation shelters at route stops, seasonal boat coverings and
the single television/radio antenna and mast constructed of a single
pipe. The fact that a structure is mounted on wheels/tracks shall
not lessen the requirements of a structure.
[Amended 5-3-2004 by ATM Art. 75; 5-1-2006 by
ATM Art. 88; 5-8-2010 by ATM Art. 74]
SUBDIVISION
The division of a tract or parcel of land as defined in 30-A
M.R.S.A. § 4401 et seq., as amended, including the division
of a structure for commercial or industrial use.
[Amended 5-8-2010 by ATM Art. 73]
SUBDIVISION, MAJOR
A subdivision containing five or more lots or dwelling units
or units in a commercial development or any subdivision containing
a proposed street.
[Added 5-8-2010 by ATM Art. 73]
SUBDIVISION, MINOR
A subdivision other than a major subdivision.
[Added 5-8-2010 by ATM Art. 73]
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50 percent of the market value of the structure before
the damage occurred.
SUBSURFACE SEWAGE DISPOSAL SYSTEM
A treatment or collection tank, disposal area, holding tank,
pond, surface spray system, cesspool, well, surface ditch, alternative
toilet or other device and associated piping designed to function
as a unit for the purpose of disposing of wastes or wastewater on
or beneath the surface of the earth. The words do not include any
wastewater disposal system licensed under 38 M.R.S.A. § 414,
any surface wastewater disposal system licensed under 38 M.R.S.A.
§ 413, Subsection 1-A, or any public sewer. The words do
not include a wastewater disposal system designed to treat wastewater
which is in whole or in part hazardous waste, as defined in 38 M.R.S.A.
Chapter 13, Subchapter I.
SUSTAINED SLOPE
A change in elevation where the referenced percent grade
is substantially maintained or exceeded throughout the measured area.
TEMPORARY
This article does not recognize the use of the term/word
"temporary."
[Added 5-3-2004 by ATM Art. 75]
TIMBER HARVESTING
The cutting and removal of trees from their growing site
and the attendant operation of cutting and skidding machinery, but
not the construction or creation of roads. Timber harvesting does
not include the clearing of land for approved construction.
TOWN WATER
That portion of the public water supply and distribution
system that is operated by the Boothbay Region Water District on a
year-round basis. For the purpose of land area calculations, "town
water" means available within 250 feet or less of the subject lot.
[Amended 5-5-2003 by ATM Art. 20]
TRAILER
Any towed vehicle used or so constructed for the transportation
or storage of goods, supplies or as to permit its being used as a
construction job site office. This word does not include camper, camper
trailer and all other similar shelter devices. See "camper trailer,"
"mobile home" or "modular home."
TRIBUTARY STREAM
A 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 on exposed soil, parent material or bedrock and which flows
to a water body or wetland, as defined. This definition does not include
the word "stream," as defined elsewhere in this Land Use Code, and
only applies to that portion of the tributary stream located within
the Shoreland Zone of the receiving water body or wetland.
UNDUE HARDSHIP
(1)
All of the following:
(a)
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 in
the neighborhood;
(c)
That the granting of a variance will not alter
the essential character of the locality; and
(d)
That the hardship is not the result of action
taken by the applicant or a prior owner.
(2)
A variance is not justified unless all elements
are present in the case.
UPLAND EDGE
The boundary between upland and the wetland.
USE
The purpose for which land or a structure is arranged, designed
or intended or is occupied.
VARIANCE
A relaxation of the terms of this Land Use Code that may
be granted by the Board of Appeals only where strict application of
this Land Use Code or a provision thereof to the petitioner of his
or her property would cause undue hardship. A variance may only be
granted for a permitted use in that particular district.
VEGETATION
All live trees, shrubs, ground cover and other plants, including,
without limitation, trees both over and under four inches in diameter,
measured at 41/2 feet above ground level.
VETERINARY CLINIC
A place where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short-term care
incidental to treatment.
VIEWPOINT
That location which is easily identified, and from which
the impacts on the scenic resource are determined, as identified by
the entity that designates the scenic viewpoint, and which serves
as the basis for the location and determination of the particular
location or scenic corridor.
VOLUME OF A STRUCTURE
The volume of all portions of a structure enclosed by a roof
and exterior walls, as measured from the exterior faces of these walls
and roof.
WAREHOUSING
The storage, deposit or stocking of merchandise or commodities
in a structure or room.
WATER BODY
Any great pond, river, stream, brook or tidal area.
WATER CROSSING
Any project extending from one bank to the opposite bank
of a river or stream, whether under, through or over the watercourse.
Such projects include but may not be limited to roads, fords, bridges,
culverts, waterlines, sewer lines and cables, as well as maintenance
work on these crossings.
WETLANDS
(1)
COASTAL WETLANDSAll tidal and subtidal land; all lands below any identifiable debris line left by tidal action; all lands with vegetation present that is tolerant of salt water and occurs primarily in a saltwater or estuarine habitat; and any swamp, marsh, bog, beach, flat or other contiguous low land which is subject to tidal action during the maximum spring tide level as identified in the tide tables published by the National Ocean Service. "Coastal wetlands" may include portions of coastal sand dunes.
(2)
(a)
Areas of 10 or more contiguous acres or areas
of less than 10 contiguous acres and adjacent to a surface water body;
and/or
(b)
All those areas that are inundated or saturated
by surface or ground water at a frequency and duration sufficient
to support, and that under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soils.
(c)
Freshwater wetlands generally include but are
not limited to ponds, streams and brooks as defined, swamps, marshes,
bogs and similar areas.
WETLANDS ASSOCIATED WITH GREAT PONDS AND RIVERS
Wetlands contiguous with or adjacent to a great pond or river
and which, during high water, are connected by surface water to the
great pond or river. Also included are wetlands which are separate
from the great pond or river by a berm, causeway or similar feature
less than 100 feet in width and which have a surface elevation at
or below the high- water line of the great pond or river. Wetlands
associated with great ponds or rivers are considered to be part of
that great pond or river.
WHOLESALE ESTABLISHMENT
A business establishment engaged in selling goods or materials,
not manufactured or processed on the premises, to retailers, to industrial,
commercial, institutional or professional business users or to other
wholesalers; or acting as agents or brokers and buying merchandise
for, or selling merchandise to, such individuals or companies.
WIRELESS COMMUNICATIONS FACILITY
Any structure which provides for commercial radio, television,
or telephone transmission(s); mobile, or cellular phone(s), specialized
mobile radio communications equipment, common carrier wireless services
or any other commercial wireless services, including personal communication
devices such as pager services.
[Amended 5-6-2002 by ATM Art. 20]
WIRELESS COMMUNICATIONS TOWERS
Any tower, guyed, monopole, or self-supporting tower, constructed
as a freestanding structure or in association with a building, or
any other structure(s) or equipment, intended to contain one or more
antennas, dishes or otherwise intended for transmitting or receiving
television, AM/FM radio, digital, microwave, cellular, telephone,
or similar forms of electronic communication.
[Amended 5-6-2002 by ATM Art. 20]
YARD
An unoccupied space, open to the sky, on the same lot with
a building or structure.