A.
In this chapter, certain terms or words are to be
interpreted as follows:
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(0)
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The word "Board" shall mean the "Planning Board,"
unless otherwise indicated.
[Added 10-25-2005 STM by Art. 12] |
(1)
The word "person" includes a firm, association, organization,
partnership, trust, company or corporation as well as an individual
or any other legal entity;
(2)
The present tense includes the future tense, the singular
number includes the plural, and the plural includes the singular;
(3)
The word "must" is mandatory, and the word "may" is
permissive. The use of "may" as in "no buildings may be built," or
"buildings may not be built," means that permission is not granted
to build buildings and thus they are not allowed to be built;
(4)
The words "used" or "occupied" include the words "intended,"
"designed," or "arranged to be used or occupied";
(5)
The word "building" includes the word "structure,"
and the word "dwelling" includes the word "residence";
(6)
The word "lot" includes the word "plot" or "parcel."
B.
In case of any difference of meaning or implication
between the text of this chapter and any map or illustration, the
text controls.
C.
Terms not defined have the customary dictionary meaning.
In this chapter the following terms have the
following meanings unless a contrary meaning is specifically prescribed:
The owner of any property with one or more common boundaries
or points or across the road or stream from the property involved
in application or appeal. For purposes of notice, it also includes
any property owner within 500 feet of the property involved in the
application or appeal.
[Added 3-8-2003 ATM by Art. 26]
A use or structure of a nature customarily incidental and
subordinate to the principal use or structure. Accessory uses, when
aggregated, shall not subordinate the principal use of the lot. A
deck or similar extension of the principal structure or a garage attached
to the principal structure by a roof or common wall is considered
part of the principal structure.
[Amended 3-28-2009 ATM by Art. 21]
Any business, a portion of which consists of selling, renting,
leasing, exhibiting, displaying, or otherwise dealing in material
or devices of any kind which appeal to prurient interests and which
depict or describe specific human sexual activities.
Decent, safe and sanitary dwelling units that can be afforded
by households with annual incomes no greater than 80% of the median
household income in non-metropolitan York County, as established by
the U.S. Department of Housing and Urban Development. A renter-occupied
unit is affordable to such households if the unit's monthly housing
costs, including rent and basic utility costs (the costs of heating
and of supplying electricity to the unit plus the cost, if any, of
supplying public water and public wastewater disposal service to the
unit), do not exceed 30% of gross monthly income. An owner-occupied
unit is affordable to such households if its price results in monthly
housing costs that do not exceed 28% of gross monthly income for principal,
interest, insurance, and real estate taxes. Estimates of mortgage
payments are to be based on down payments and rates of interest generally
available in the area to low- and moderate-income households.
[Added 3-11-2006 ATM by Art. 24]
Any agreement among one or more owners, one or more tenants
of residential real estate and one or more qualified holders, or between
one or more owners and one or more qualified holders, or between one
or more tenants and one or more qualified holders, that permits a
qualified holder to control, either directly or indirectly, the purchase
price of residential housing for the primary purpose of providing
that the housing remains affordable to lower-income and moderate-income
households. See also the definition of "qualified holder" in this
article.
[Added 3-11-2006 ATM by Art. 24]
Anyone having written authorization signed by a property
owner to act in behalf of that property owner.
An owner of land whose property is directly or indirectly
affected by the granting or denial of a permit or variance under this
chapter; a person whose land abuts 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.
[Amended 3-28-2009 ATM by Art. 21]
The production, keeping, or maintenance for sale or lease
of plants or animals, including but not limited to: forages and sod
crops; grains and seed crops; dairy animals and dairy products; poultry
and poultry products; livestock; fruits and vegetables; and ornamental
greenhouse products. Agriculture does not include forest management
and timber-harvesting activities.
[Amended 3-28-2009 ATM by Art. 21; 3-26-2016 ATM by Art. 22]
A tract of land where aircraft take off and land. An airport
includes those facilities for public as well as private use.
Any change, addition, or modification in construction, other
than cosmetic or decorative, or any change in the structural members
of buildings, such as bearing walls, columns, beams, or girders.
A change in either the intensity of use, such as the addition
of bathrooms, kitchens, bedrooms, or the duration of the use, such
as conversion from seasonal to year-round use.
Man-made trees, clock towers, bell steeples, lightpoles and
similar alternative design mounting structures that are compatible
with the setting and surrounding structures and camouflages or conceals
the presence of antennas and or towers. This term also includes any
antenna or antenna array attached to the alternative tower structure.
[Added 3-17-2001 ATM by Art. 22]
The use of a building or land for the diagnosis, care, and
treatment of ailing or injured animals, which may include overnight
accommodations.
Any tract of land, building or abode where dogs, or other
pets (or both) not owned by the property owner are kept over a period
not exceeding one day for their owners in return for a fee or other
valuable exchange.
[Added 2-6-2019 STM by
Art. 2]
The growing and/or raising of livestock and/or poultry for
commercial purposes.
Any system of poles, panels, rods, reflecting discs or similar
devices used for the transmission or reception of radio or electromagnetic
frequency signals.
[Added 3-17-2001 ATM by Art. 22]
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.
[Added 3-17-2001 ATM by Art. 22]
A type of public hearing held by a Zoning Boards of Appeals or other quasi-judicial or judicial body, utilized when reviewing a decision made by a lower review authority or court, where the Board or court may only review the record of the proceedings of the lower body, and may not receive or consider any new evidence or testimony that was not presented to the lower review authority or court. See § 160-161C. See also "de novo hearing."
[Added 3-28-2009 ATM by Art. 21]
The growing or propagation of harvestable freshwater, estuarine,
or marine plant or animal species.
[Added 3-28-2009 ATM by Art. 21]
A place where three or more coin-operated amusement devices
are located.
The land in the floodplain having one-percent or greater
chance of flooding in any given year, as specifically identified in
the flood insurance studies conducted by the Federal Emergency Management
Agency.
U.S. Route 202, State Route 111, State Route 4, and State
Route 4A.
A building or portion of a building used as a production
and display area for works created by an artist, photographer, sculptor,
woodworker, glass-blower, or other skilled craftsman. An artisan's
studio may include the retail sale of items produced on the premises.
For the purpose of this ordinance, the activities of an artisan's
studio:
[Added 3-11-2006 ATM by Art. 24]
The term "automobile graveyard" shall be defined as in Title
30-A M.R.S.A. § 3752, as amended.
[Amended 3-11-2006 ATM by Art. 24]
A business, not meeting the definition of “restaurant,”
where alcoholic drinks are sold for consumption on the premises. The
term includes meeting halls of nonprofit organizations if they are
licensed to serve alcoholic beverages.
The area of cross-section of a tree stem at 4 1/2 feet
above ground level and inclusive of bark.
[Added 3-28-2009 ATM by Art. 21]
Any portion of a structure with a floor-to-ceiling height
of six feet or more and having more than 50% of its volume below the
existing ground level.
[Amended 3-28-2009 ATM by Art. 21]
Any residential structure in which nonhousekeeping rooms
are offered and rented to the public for periods typically less than
30 days and in which one meal per day is available and only to the
occupants. The building must also be occupied by the resident manager
or owner.
Any residential structure in which rooms or rooms and meals
are provided for compensation for a period of at least one week. Meals
may be available only to the occupants. The building must also be
occupied by the resident manager or owner. There may be no provisions
for cooking in any individual guest room.
Any place, tract of land, or abode in or on which several
(three or more) privately-owned dogs, or other pets (or both) are
kept over a period (typically but not exclusively greater than one
day) for their owners in return for a fee or other valuable exchange
to the property owner. A person maintaining a boarding kennel must
first obtain a license from the Department of Agriculture, Food and
Rural Resources, Division of Animal Health and Industry and will be
subject to rules adopted by that department.
[Added 2-6-2019 STM by
Art. 2]
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.
[Added 3-28-2009 ATM by Art. 21]
A place where social activities occur in which members, guests,
or patrons provide their own alcoholic beverages, and where no alcoholic
beverages are sold. The term includes meeting halls of nonprofit organizations
if members and/or guests provide their own alcoholic beverages.
A facility operated for the purpose of breeding, buying,
or in any way exchanging for value greater than 16 dogs or cats within
a twelve-month period. A person maintaining a breeding kennel must
first obtain a license from the Department of Agriculture, Food and
Rural Services, Division of Animal Health and Industry and will be
subject to rules adopted by that department.
[Added 2-6-2019 STM by
Art. 2]
A part of a property or an entire property, which is not
built upon and is specifically intended to separate and thus minimize
the effects of a land use activity (e.g. noise, dust, visibility,
glare, etc.) on adjacent properties or on sensitive natural resources.
A landscaped buffer strip is intended to soften the visual impact
of a land use or structure, but is not intended to provide screening,
as defined by this ordinance.
[Added 3-11-2006 ATM by Art. 24]
A structure having a roof supported by columns or walls for
the housing or enclosure of persons, animals, goods or property of
any kind.
The vertical distance between the highest point of the roof
and the average grade of the ground adjoining the building. Solar
energy or wind equipment extending above the building are exempt from
height restrictions.
An official document or certificate issued by the Code Enforcement Office that authorizes performance of a specified activity. Any land use permits issued by the Town must also be reviewed under the same manner. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the use of a building or structure shall first make application to the Building Official and obtain the required permit. (Reference Chapter 88.)
[Added 3-29-2013 ATM by Art. 21]
An attached or freestanding structure which directs attention
to a business or profession conducted on the premises.
Any area or tract of land to accommodate two or more parties
in temporary living quarters, including, but not limited to tents,
recreational vehicles or other shelters. Campgrounds will be seasonal
from May to October (inclusive) only.
[Amended 3-28-2009 ATM by Art. 21; 2-6-2019 STM by Art.
2]
The more or less continuous cover formed by tree crowns in
a wooded area.[1]
[Added 3-28-2009 ATM by Art. 21]
A change from one land use category in the Land Use Table[2] to another, or the addition of a new use category to an
existing use category.
A natural or artificial watercourse with definite bed and
banks to confine and conduct continuously or periodically flowing
water. Channel flow is water flowing within the limits of the defined
channel.
A building or group of buildings used to house children overnight,
with supervision and meals but not necessarily with medical care.
A development approach in which building lots are reduced in size and buildings sited closer together than is allowed under nonclustered requirements, provided that the total development density does not exceed that which could be constructed on the site under conventional, nonclustered requirements. The cluster development must be developed in accordance with the applicable standards of this chapter and Chapter 148.
A person appointed by the Board of Selectmen to administer
and enforce this chapter and other land use ordinances and regulations
as authorized by this chapter. Reference to the “Code Enforcement
Officer” may be construed to include Building Inspector, Plumbing
Inspector, Electrical Inspector, and the like where applicable.
The use of a wireless telecommunications facility by more
than one wireless telecommunications provider.
[Added 3-17-2001 ATM by Art. 22]
Those uses in Land Use Categories 2, 3, 4, 6, 7, 8, 9, 10,
11, 12, 13, 14, 16.4, 17, 18, 19, 21, 22, 23, 24, 26, and 28.
A building or group of buildings, whose sides and/or roof
are made largely of glass or other sunlight transmitting material,
used to grow plants and/or produce for sale.
A building which is used for meetings, recreation, and similar
uses by the general public, and not operated for profit.
A housing facility for eight or fewer mentally handicapped
or developmentally disabled persons which is approved, authorized,
certified, or licensed by the state.
The document or series of documents which inventory the resources
of the community, articulate the goals and policies for the development
of the community and contains strategies for implementation of the
policies most recently adopted or amended by the municipal governing
body in accordance with 30-A M.R.S.A. § 4321 et seq.
[Added 3-17-2001 ATM by Art. 22]
A use of buildings, structures, or land which complies with
all applicable provisions of this chapter.
A building or group of buildings containing private apartments
and central dining facilities and within which supportive services,
including medical or social services, are provided to the residents.
Such facilities include only those certified by the State of Maine
Department of Human Services.
Includes built, erected, altered, reconstructed, moved upon,
or any physical operations on the premises which are required for
construction. Excavation, fill, drainage, and the like, associated
with construction, are considered a part of that construction.
A one-story retail store containing less than 2,500 square
feet of gross floor area that is designed and stocked to sell groceries,
beverages, and household supplies. A convenience store may also sell
motor vehicle fuels or food in a form ready for consumption. A maximum
total of eight seats shall be allowed on the premises, whether at
indoor or outdoor counters or tables. However, depending on specific
site conditions, the Planning Board may allow additional seating.
[Amended 3-11-2006 ATM by Art. 24; 3-31-2012 ATM by Art. 22]
A building or group of buildings used to house persons who
are awaiting trial or persons who have been confined by the courts.
The sale of merchandise where venders may rent tables and/or
display space.
An establishment, licensed by the Maine Department of Human
Services, where 13 or more children under the age of six are cared
for in return for compensation.
An establishment, licensed by the Maine Department of Human
Services, where more than three, but fewer than 13, children under
the age of six are cared for in return for compensation.
The abbreviation designating both the unit of measure of
sound level, the decibel, and the mode of measurement that gives the
A-weighting of a sound level meter.
The diameter of a standing tree measured 4.5 feet from ground
level.
[Added 3-28-2009 ATM by Art. 21]
The practical unit of measurement for sound pressure level.
The number of decibels of a measured sound is equal to 20 times the
logarithm to the Base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound (20 micropascals);
abbreviated db.
An uncovered structure with a floor, elevated above ground
level.
Repainting or re-siding; removing or replacing trim, railings,
or other nonstructural architectural details.
[Amended 3-29-2013 ATM by Art. 21]
A type of public hearing held by a Zoning Board of Appeals or other quasi-judicial or judicial body, utilized when reviewing a decision made by a lower review authority or court, where the Board or court may receive and consider new evidence and testimony, be it oral or written. See § 160-161C. From the Latin, meaning new, young or fresh. See also "appellate hearing."
[Added 3-28-2009 ATM by Art. 21]
When used in shoreland zoning standards, the term "development"
shall mean a change in land use involving alteration of the land,
water or vegetation, or the addition or alteration of structures or
other construction not naturally occurring.
[Added 3-28-2009 ATM by Art. 21]
Numerical standards relating to spatial relationships, including
but not limited to setback, lot area, road frontage, shore frontage,
and building height.
Any physical or mental disability, as defined under Title
5 M.R.S.A. § 4553-A, or 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.
[Added 3-8-2008 ATM by Art. 25]
A specified portion of the Town, delineated on the Official
Zoning Map, within which certain regulations and requirements or various
combinations thereof apply under the provisions of this chapter.
A vehicular accessway less than 500 feet in length serving:
[Amended 3-28-2009 ATM by Art. 21]
An establishment where garments, and the like, are cleaned
by using solvents and not soap and water.
A fixed structure containing one or more dwelling units.
A building containing three or more dwelling units, such
buildings being designed for residential use and occupancy by three
or more families living independently of one another, with the number
of families not exceeding the number of dwelling units.
A building containing only one dwelling unit for occupation
by not more than one family.
A building containing only two dwelling units, for occupation
by not more than two families.
[Amended 3-28-2009 ATM by Art. 21]
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When the term is used for units outside of any Shoreland Zone, the term "dwelling unit" shall mean a room or group of rooms designed and equipped exclusively for use by one family as a habitation and which contains independent living, cooking, eating, sleeping, bathing, and sanitary facilities. The term shall include manufactured housing but does not include recreational vehicles, so-called park model mobile homes, or rooms in land use categories other than 1, Residential, of the Land Use Table, in Article V.[3]
|
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When the term is used for units in any Shoreland Zone, the term "dwelling unit" shall mean a room or group of rooms designed and equipped exclusively for use by one family as permanent, seasonal, or temporary living quarters, regardless of the time-period rented, and which contains independent living, cooking, eating, sleeping, bathing, and sanitary facilities. The term shall include manufactured housing but does not include recreational vehicles, so-called park model mobile homes, or rooms in land use categories other than 1, Residential, of the Land Use Table, in Article V.
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Topsoil, sand, gravel, clay, peat, rock, or other similar
materials.
A right or privilege, less than fee simple ownership, that
a person may have in another's land, such as a right-of-way.[4]
Operations conducted for the public health, safety or general
welfare, such as protection of resources from immediate destruction
or loss, law enforcement, and operations to rescue human beings, property
and livestock from the threat of destruction or injury.
[Added 3-28-2009 ATM by Art. 21]
A subsurface wastewater disposal system designed, installed,
and operated as a single unit to treat 2,000 gallons per day or more;
or any system designed to treat wastewater which has characteristics
significantly different from domestic wastewater.
Equipment or structures necessary for the purpose of making
a dwelling accessible to a person with a disability, limited to ramps,
railings, landings, walls, and roof systems, lift devices, or elevators
of the minimum size necessary for safety or effectiveness, as required
to comply with the standards of the Americans with Disabilities Act.
Any proposed installations beyond the scope of this definition shall
be considered as "structures," as defined by this chapter, and therefore
shall be required to meet all applicable setback requirements.
[Added 3-8-2008 ATMby Art. 25]
Gas, electrical, or communications facilities, steam, fuel,
electric power or water transmission or distribution lines, towers
and related equipment; telephone cables or lines, poles and related
equipment; gas, oil, water, slurry or other similar pipelines; municipal
sewage lines, collection or supply systems; and associated storage
tanks. Such systems may include towers, poles, wires, mains, drains,
pipes, conduits, cables, fire alarm and police call boxes, traffic
signals, hydrants and similar accessories, but shall not include service
drops or buildings which are necessary for the furnishing of such
services.
[Amended 3-28-2009 ATM by Art. 21]
A tract of land, building, or room leased or rented for the
purpose of hosting a party, banquet, wedding, or other reception or
social event.
[Added 2-6-2019 STM by
Art. 2]
Any removal of earth material from its original position.
Increase in the footprint of a structure, including all extensions,
such as, but not limited to, attached decks, garages, porches, and
greenhouses. This term shall also mean the addition of antennas, towers,
or other devices to an existing structure.
[Amended 3-17-2001 ATM by Art. 22; 3-26-2016 ATM by Art. 22]
The addition of weeks or months to a use's operating season;
additional hours of operation; or an increase of footprint or ground
area devoted to a particular use.
[Amended 3-26-2016 ATM
by Art. 22]
Siding materials such as clapboards, shingles, and shakes,
including synthetic or metal siding manufactured to closely resemble
clapboards, shingles, and shakes. This term also includes masonry,
wood board-and-batten, and Texture 1-11 exterior plywood.
One or more persons occupying a dwelling unit and living
together as a single housekeeping unit where all occupants have common
use and access to all living and eating areas, bathrooms, and food
preparation and serving areas. The maximum number of occupants of
a dwelling unit shall be determined by its dimensions, and the minimum
area per occupant requirements of the Building Code adopted by the
Town of Alfred, and the NFPA 101 Life Safety Code.
[Amended 3-11-2006 ATM by Art. 24]
The outdoor display and sale of locally grown farm products.
This use may involve one or more vendors displaying and selling produce.
A temporary structure located on the property of the owner
and used to display and sell agricultural products.
[Amended 2-6-2019 STM
by Art. 2]
The Federal Communications Commission, or its lawful successor.
[Added 3-17-2001 ATM by Art. 22]
Depositing or dumping any matter on or into the ground or
water.
A temporary rise in a stream flow or tidal surge that results
in water overtopping its banks and inundating adjacent areas.
The official map on which the United States Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the Town, dated May 18, 1998.
The lands adjacent to a body of water which have been or
may be covered by the base flood.
The following soil series as described and identified by
the National Cooperative Soil Survey:
[Added 3-28-2009 ATM by Art. 21]
|
Fryeburg
|
Hadley
|
Limerick
| |
|
Lovewell
|
Medomak
|
Ondawa
| |
|
Alluvial
|
Cornish
|
Charles
| |
|
Podunk
|
Rummy
|
Saco
| |
|
Suncook
|
Sunday
|
Winooski
|
A combination of structural provisions, changes, or adjustments
to properties subject to flooding, primarily for the reduction or
elimination of flood damages to properties, water and sanitary facilities,
structures and contents of buildings.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The sum, in square feet, of the horizontal floor areas of
all portions of a building enclosed by exterior walls.
[Amended 3-28-2009 ATM by Art. 21; 3-26-2016 ATM by Art. 22]
The entire area of ground covered by the structure(s) on
a lot, including but not limited to cantilevered or similarly overhanging
extensions, as well as unenclosed structures such as patios and decks.
[Added 3-26-2016 ATM
by Art. 22]
See “wetland, forested.”
[Amended 3-28-2009 ATM by Art. 21]
Timber cruising and other forest resources evaluation activities,
pesticide or fertilizer application, management planning activities,
timber stand improvement, pruning, regeneration of forest stands and
other similar associated activities, exclusive of timber harvesting
and the construction, creation or maintenance of roads.
[Amended 3-28-2009 ATM by Art. 21]
The supporting substructure of a building or other structure,
excluding wooden sills and post supports, but including basements,
slabs, frostwalls, or other base consisting of concrete, block, brick
or similar material.
[Added 3-28-2009 ATM by Art. 21]
The supporting substructure of a building or other structure,
including but not limited to basements, slabs, sills, posts, or frost
walls.
[Amended 3-28-2009 ATM by Art. 21]
See "wetland, freshwater."
[Added 3-28-2009 ATM by Art. 21]
The linear distance measured along the front lot line which
separates the lot from the street, road or right-of-way.
[Amended 3-11-1995 ATM by Art. 18]
The length of a lot bordering on a water body or wetland,
measured in a straight line, between the intersections of the lot
lines with the shoreline at the normal high-water line.
[Amended 3-28-2009 ATM by Art. 21]
Those 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, finfish and shellfish processing,
fish-related storage and retail and wholesale fish marketing facilities,
commercial cranberry production, waterfront dock and port facilities,
shipyards and boat building facilities, marinas, navigation aids,
basins and channels, shoreline structures necessary for erosion control
purposes, industrial uses dependent upon water-borne transportation
or requiring large volumes of cooling or processing water that can
not reasonably be located or operated at an inland site, and uses
that primarily provide general public access to inland waters. Recreational
boat storage buildings are not considered to be a functionally water-dependent
use.
[Added 3-28-2009 ATM by Art. 21; amended 3-26-2016 ATM by Art. 22]
All general sales, open to the public, conducted from or on a residential premises for the purpose of disposing of personal property, meeting the performance standards in § 160-112.
[Amended 3-11-1995 ATM by Art. 18]
In relation to buildings, the average of the finished ground
level at the center of each wall of a building.
See “water body, great pond.”
Any great pond classified GPA, pursuant to 38 M.R.S.A. Article
4-A, § 465-A. This classification includes some, but not
all impoundments of rivers that are defined as great ponds.
[Added 3-28-2009 ATM by Art. 21]
Small plants, fallen leaves, needles and twigs, and the partially
decayed organic matter of the forest floor.
[Added 3-28-2009 ATM by Art. 21]
A waste substance or material, in any physical state, designated
hazardous by the Maine Board of Environmental Protection pursuant
to Title 38 M.R.S.A. Chapter 13. It does not include waste resulting
from normal household or agricultural activities.
A tree with a structural defect, combination of defects,
or disease resulting in a structural defect that under the normal
range of environmental conditions at the site exhibits a high probability
of failure and loss of a major structural component of the tree in
a manner that will strike a target. A normal range of environmental
conditions does not include meteorological anomalies, such as, but
not limited to hurricanes; hurricane-force winds; tornados; microbursts;
or significant ice storm events. Hazard trees also include those trees
that pose a serious and imminent risk to bank stability. A target
is the area where personal injury or property damage could occur if
the tree or a portion of the tree fails. Targets include roads, driveways,
parking areas, structures, campsites, and any other developed area
where people frequently gather and linger.
[Added 3-26-2016 ATM
by Art. 22]
The vertical measurement from a point on the ground at the
mean finished grade adjoining the foundation as calculated by averaging
the highest and lowest finished grade around the building or structure,
to the highest point of the building or structure. The highest point
shall exclude farm building components, flagpoles, chimneys, ventilators,
skylights, domes, water towers, bell towers, church spires, processing
towers, tanks, bulkheads, or other building accessory features usually
erected at a height greater than the main roofs of buildings.
[Added 3-17-2001 ATM by Art. 22; amended 3-28-2009 ATM
by Art. 21]
The vertical distance between the mean original (prior to
construction) grade at the downhill side of the structure and the
highest point of the structure, excluding chimneys, steeples, antennas,
and similar appurtenances that have no floor area.
[Added 3-28-2009 ATM by Art. 21]
A tract of land where helicopters take off and land. Heliport
includes those facilities for public as well as private use.
A geographically definable area possessing a significant
concentration, linkage or continuity of sites, buildings, structures
or objects united by past events or aesthetically by plan or physical
development and identified in the Comprehensive Plan, which is listed
or is eligible to be listed on the National Register of Historic Places.
Such historic districts may also comprise individual elements separated
geographically, but linked by association or history.
[Added 3-17-2001 ATM by Art. 22]
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 Comprehensive Plan, which have been listed
or are eligible to be listed on the National Register of Historic
Places.
[Added 3-17-2001 ATM by Art. 22]
Resources that are:
[Added 3-17-2001 ATM by Art. 22]
Listed individually in the National Register
of Historic Places or eligible for listing on the National Register;
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;
Individually listed on a state inventory of
historic places;
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified by the Maine Historic Preservation Commission;
or
Areas identified by the Maine Historic Preservation
Commission as having significant value as an 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.
An occupation or profession, carried on for monetary gain, which is carried on in a dwelling unit or structure accessory to a dwelling unit, is clearly incidental and secondary to the use of the dwelling unit for residential purposes, does not employ more than three persons (or more than two persons within the Shoreland Zone) who are not related, by blood or marriage to the business owner, or who does not reside on the premises, and meets the performance standard of § 160-128. Effective March 11, 2006, the term "home occupation,” shall not include motor-vehicle-related sales and service operations, as defined by this ordinance.
[Amended 3-11-2006 ATM by Art. 24; 3-28-2009 ATM by Art. 21]
OFFICE IN THE HOMEA home occupation which consists primarily of an office. Also in this category are home crafts which have no sales on-site, no parking of commercial vehicles on-site, and no more than three client contacts in the home per week. This does not include home occupations which consist of on-site manufacturing, warehousing, sales, parking of commercial vehicles, or client contact in the home. This does not include those home occupations which employ any one who is not related by blood or marriage to the business owner, or who does not reside on the premises.
HOME CRAFTSA home occupation which consists of creating or manufacturing of an item, including, but not limited to, dressmaking, knitting, the manufacture of crafts, woodworking, drawing, painting, and sculpting. This does not include those home occupations which employ more than one person who is not related by blood or marriage to the business owner, or who does not reside on the premises. No more than three client contacts in the home per week are permitted.
IN-HOME SALES AND SERVICEA home occupation which does not meet the definition of "office in the home," or "home crafts," but which does not include those home occupations which employ more than one person who is not related by blood or marriage to the business owner, or who does not reside on the premises.
HOME-BASED BUSINESSAny home occupation which employs more than one person who is not related by blood or marriage to the business owner, or who does not reside on the premises.
An institution providing, but not limited to, overnight health
services, primarily for in-patients, and medical or surgical care
for the sick or injured, including as an integral part of the institution
such related facilities as laboratories, out-patient departments,
training facilities, central services facilities, and staff offices.
Any 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.
[Added 3-28-2009 ATM by Art. 21]
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 a gravel pad, parking area, fireplace,
or tent platform. Individual private campsites may be occupied from
May 1 through October 31 only.
[Amended 3-28-2009 ATM by Art. 21; 6-15-2019 by Art. No.
19]
The assembling, fabrication, finishing, manufacturing, packaging
or processing of goods, or the extraction of minerals.
[Added 3-28-2009 ATM by Art. 21]
A non-profit or quasi-public use, or institution such as
a church, library, public or private school, hospital, or municipally
owned or operated building, structure or land used for public purposes.
[Added 3-28-2009 ATM by Art. 21]
Hybrid land use directly related to and supporting the principal
agricultural activity being conducted on the site. The processing
and/or sale of crops and foods either produced on site or the importing
of crops and/or foods that are related to the principal crops/foods
being produced on site. The sampling and tasting of produce related
to agriculture. Tours of the site and events on the site related to
the principal purpose of the site. The hosting of cultural and educational
events related to and supporting agriculture.
[Added 2-6-2019 STM by
Art. 2]
A stream which normally ceases flowing for weeks or months
each year. See also definition of "stream."
[Added 3-28-2009 ATM by Art. 21]
A place, not enclosed in a building, used to store:
Discarded, worn-out or junked plumbing, heating
supplies, household appliances, and furniture;
Discarded, scrap and junked lumber; or
Old or scrap copper, brass, rope, rags, batteries,
paper trash, rubber or plastic debris, waste and all scrap iron, steel
and other scrap ferrous or nonferrous material.
Any place, building, tract of land, abode, enclosure, or
vehicle which, for compensation: (1) provides food and shelter for
dogs for purposes not primarily related to medical care, or (2) engages
in the breeding of more than two female dogs for the sale of their
offspring.
An artificial enlargement of a water body, primarily by means
of dredging and excavation.
A route or track consisting of a bed of exposed mineral soil,
gravel, or other surfacing materials constructed for, or created by,
the passage of motorized vehicles and used primarily for timber harvesting
and related activities, including associated log yards, but not including
skid trails or skid roads.
[Added 3-28-2009 ATM by Art. 21]
An establishment where, for compensation, clothes and the
like are washed with soap and water.
A forester licensed under 32 M.R.S.A. Chapter 76.
[Added 3-28-2009 ATM by Art. 21]
The direct view of the object from the noted scenic resource
or viewpoint.
[Added 3-17-2001 ATM by Art. 22]
An area of land in one ownership, or one leasehold, with
ascertainable boundaries established by deed or instrument of record,
or a segment of land ownership defined by lot boundary lines on a
land subdivision plan duly approved by the Planning Board and recorded
in the York County Registry of Deeds.
The total horizontal area of land enclosed within the lot
lines, minus land below the normal high-water line of a water body
or upland edge of a wetland and areas beneath roads serving more than
two lots.
A lot with at least two contiguous sides abutting upon a
street.
The percentage of the lot covered by buildings, structures,
parking lots, and other nonvegetated surfaces.
The lines bounding a lot as follows:
FRONT LOT LINEOn a lot which abuts only one street, the contiguous line separating the lot from the street right-of-way. On a corner or through lot, the contiguous line separating the lot from either street right-of-way. On a back lot, the contiguous line separating the lot from the lot in front of and closer to the street than that lot.
[Amended 3-8-2003 ATM by Art. 26]
REAR LOT LINEThe lot line opposite the front lot line. On a lot pointed at the rear, the rear lot line is an imaginary line between the side lot lines parallel to the front lot line, not less than 10 feet long, lying farthest from the lot line. On a corner lot, the rear lot line is opposite the front lot line of least dimension.
SIDE LOT LINEAny lot line other than the front lot line or rear lot line.
A parcel of land, a legal description of which or the dimensions
of which are recorded on a document or map on file at the York County
Registry of Deeds.
Any lot abutting a water body.
Any interior lot having frontages on two more or less parallel
streets, or between a street and a water body, or between two water
bodies, as distinguished from a corner lot. All sides of through lots
adjacent to streets and water bodies are considered as frontage, and
front setbacks must be provided as required.
On lots which do not have street frontage the minimum horizontal
distance between the side lot lines, measured at the minimum setback
line as established by this chapter. Within the Shoreland Zone, the
closest distance between the side lot lines of a lot. When only two
lot lines extend into the Shoreland Zone, both lot lines shall be
considered to be side lot lines.
[Amended 3-28-2009 ATM by Art. 21]
The sales or rental of items that are large and bulky, that
need a relatively large amount of storage or display area for each
unit offered for sale or rent, and that therefore generate less customer
traffic per square foot of floor area than stores selling or renting
smaller items. This includes goods such as carpeting, major appliances,
and furniture.
[Amended 3-11-1995 ATM by Art. 18]
A term which includes both mobile homes and modular homes,
as defined in this section.
[Amended 3-11-2006 ATM by Art. 24]
The estimated price a property will bring in the open market
and under prevailing market conditions in a sale between a willing
seller and a willing buyer, both conversant with the property and
with prevailing general price levels.
Hand sampling, test boring, or other methods of determining
the nature or extent of mineral resources which create minimal disturbance
of the land and which include reasonable measures to restore the land
to its original condition.
Any operation which within any twelve-month period removes
more than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay,
rock, peat, or other like material from its natural location and transports
the product removed away from the extraction site or sells the product
on-site.
[Amended 3-28-2009 ATM by Art. 21]
A detached, residential dwelling unit, as defined in Title
30-A M.R.S.A. § 4358, that the manufacturer certifies as constructed
in compliance with the United States Department of Housing and Urban
Development standards, transportable in one or more sections, that
in the traveling mode are 14 body feet or more in width and are 750
or more square feet. The term shall not include modular homes as defined
by this ordinance, nor shall it include recreational vehicles, such
as travel trailers, park models RV's, campers or similar units designed
for recreation or other seasonal uses.
[Added 3-11-2006 ATM by Art. 24]
A parcel of land under unified ownership designed and/or
used to accommodate three or more manufactured housing units.
[Amended 3-11-2006 ATM by Art. 24]
A detached residential dwelling unit, as defined in Title
30-A M.R.S.A. § 4358, that the manufacturer certifies is constructed
in compliance with Title 10 M.R.S.A., 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
utilities.
[Added 3-11-2006 ATM by Art. 24]
A building or group of buildings in which overnight lodging
is offered to the general public for compensation. A motel/hotel/inn
may contain such accessory services as newsstands, personal grooming
facilities, and restaurants.
Any building, premises, and/or land in, or upon, which a
business or service is conducted or rendered, that involves the rental,
sales, maintenance, washing, servicing, repair, body work or painting
of vehicles, including motor vehicle fuel sales.
[Added 3-11-2006 ATM by Art. 24]
A protective covering of organic matter, such as leaves,
straw, or peat, placed around plants to promote erosion and sedimentation
control, or to prevent the evaporation of moisture, the freezing of
roots, or the growth of weeds.
[Added 3-28-2009 ATM by Art. 21]
See "dwelling, multifamily."
[Added 3-28-2009 ATM by Art. 21]
Indigenous to the local forests.
[Added 3-28-2009 ATM by Art. 21]
Any street other than U.S. Route 202, State Route 111, State
Route 4, or State Route 4A.
[Added 3-11-1995 ATM by Art. 18]
Nonconforming lot, structure or use which is allowed solely
because it was in lawful existence at the time this ordinance or subsequent
amendment took effect.
[Added 3-28-2009 ATM by Art. 21]
A legally established, single building lot shown on a plan
or deed recorded prior to the effective date of this chapter or amendment
which does not meet the area, frontage, width or depth requirements
of the district in which it is located.
A structure that does not meet any one or more of the following
dimensional requirements: setbacks, height, lot coverage or footprint,
but which is allowed solely because it was in lawful existence at
the time this ordinance or subsequent amendments took effect.
[Amended 3-28-2009 ATM by Art. 21; 3-26-2016 ATM by Art. 22]
Use of buildings, structures, premises, land or parts thereof, that is not permitted in the district in which it is located or which does not meet the performance standards prescribed for it by this chapter (See § 160-28.), but which is allowed to remain solely because it was in lawful existence at the time this ordinance or subsequent amendments took effect.
[Amended 3-28-2009 ATM by Art. 21]
Species of vegetation listed by the Maine Department of Agriculture,
Conservation and Forestry as being invasive in Maine ecosystems and
not native to Maine ecosystems. Information on invasive species in
Maine can be found by Internet searching on "invasive plants in Maine"
or by contacting the University of Maine Cooperative Extension office
in York County.
[Added 3-26-2016 ATM
by Art. 22]
That line which is apparent because of visible markings,
changes in the character of soils due to prolonged action of the water
or changes in vegetation, and which distinguishes between predominantly
aquatic and predominantly terrestrial land. Areas contiguous with
rivers and great ponds that support nonforested wetland vegetation
and hydric soils and that are at the same or lower elevation as the
water level of the river or great pond during the period of normal
high-water are considered part of the river or great pond.
[Amended 3-28-2009 ATM by Art. 21]
A term defined by common law, involving an unreasonable or
unlawful use of property, characterized by continuous or recurrent
acts, creating unreasonable interference with a right common to the
general public or unreasonable interference with a particular person's
use and enjoyment of his or her land.
[Added 3-28-2009 ATM by Art. 21]
A facility, licensed by the state, which provides skilled
nursing care and medical supervision to persons who are unable to
care for themselves.
A sign erected and maintained in accordance with the Maine
Traveler Information Services Act, 23 M.R.S.A. § 1901, et
seq. which points the way to public accommodations and facilities
or other commercial facilities.
A non-intensive use, such as hunting, fishing, hiking, and
the like, not involving:
[Amended 3-28-2009 ATM by Art. 21]
An antenna which is bowl-shaped, designed for the reception
and or transmission of radio frequency communication signals in a
specific directional pattern (also known as a “satellite dish
antenna”).
[Added 3-17-2001 by Art. 22]
An area exclusive of drives, aisles or entrances, fully accessible for the storage or parking of vehicles, and meeting the performance standard in § 160-98.
[Amended 3-31-2012 ATM by Art. 22]
An uncovered floor, usually made of concrete, brick, or other
masonry material, which is not elevated above the surface of the ground.
A stream that has continuous flow in parts of its bed all
year round during years of normal rainfall. Perennial streams are
typically indicated on a USGS 7.5 Minute Series Quadrangle Map with
a solid blue line. Perennial streams of second order or above in size,
as classified by the USGS, are required to be protected with a stream
protection district. See also definition of "stream."
[Added 3-28-2009 ATM by Art. 21]
An individual, corporation, governmental agency, municipality,
trust, estate, partnership, association, two or more individuals having
a joint or common interest, or other legal entity.
[Added 3-28-2009 ATM by Art. 21]
A home or other facility where dogs, or other pets (or both)
not owned by the owner are washed, clipped, or otherwise groomed for
a fee or other valuable exchange. The animals in the care or the pet
grooming facility's owner/employee must stay indoors (except for brief
exercise periods for bodily relief) and will not be boarded on the
property overnight.
[Added 2-6-2019 STM by
Art. 2]
[Added 3-28-2009 ATM by Art. 21]
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Temporary:
|
Structures which remain in or over the water
for less than seven months in any period of 12 consecutive months.
| |
|
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|
Permanent:
|
Structures which remain in or over the water
for seven months or more in any period of 12 consecutive months.
|
A building or group of buildings used for the conduct of
religious services.
The structure in which the primary use of the lot is conducted.
The primary use to which the premises are devoted, and the
main purpose for which the premises exist.
Any facility, including but not limited to buildings, property,
recreation areas, and roads, which is owned, leased, or otherwise
operated or funded by a governmental body or public entity.
A regionally or locally significant facility, as defined
and identified either by state statute or in the Comprehensive Plan,
designed to serve the recreational needs of the public.
[Added 3-17-2001 by Art. 22]
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.
A place used to house or store public highway equipment and/or
materials and/or police, fire, or rescue equipment, and/or a building
used as temporary living space for on-duty police, fire, or rescue
personnel. Such uses may include accessory office uses.
[Added 3-11-1995 ATM by Art. 18]
A governmental entity empowered to hold an interest in real
property under the laws of Maine or the United States or a nonprofit
organization whose purposes include the provision of affordable housing
or the increasing of affordable housing opportunities for lower-income
or moderate-income households, including governmental or quasi-governmental
entities such as public housing authorities, community action agencies,
or other similar nonprofit or governmental entities committed to providing
opportunities for lower-income or moderate-income households to obtain
affordable housing.
[Added 3-11-2006 ATM by Art. 24]
A place designed and equipped for the conduct of sports,
leisure time activities, and other customary and usual recreational
activities, excluding boat launching facilities.
[Added 3-28-2009 ATM by Art. 21]
A vehicle, or an attachment to a vehicle designed to be towed,
and designed for temporary sleeping or living quarters for one or
more persons, and which may include a pick-up camper, travel trailer,
tent trailer, camp trailer, and motor home. In order to be considered
as a vehicle and not as a structure, the unit must remain with its
tires on the ground and must be registered with the State Division
of Motor Vehicles.
[Amended 3-28-2009 ATM by Art. 21]
A registered medical marijuana dispensary means a not-for-profit
entity registered, pursuant to Section 6 of the Rules Governing the
Maine Medical Use of Marijuana Program (10-144 CMR Chapter 122) issued
by the Maine Department of Health and Human Services, that acquires,
possesses, cultivates, manufactures, delivers, transfers, transports,
sells, supplies or dispenses marijuana, paraphernalia or related supplies
and educational materials to registered patients who have designated
the dispensary to cultivate marijuana for their medical use and the
registered primary caregivers of those patients.
[Added 3-25-2011 ATM by Art. 20]
A subsurface sewage disposal system intended to replace:
1) an existing subsurface wastewater disposal system which is either
malfunctioning or being upgraded with no significant change of design
flow or use of the structure; or 2) any existing overboard wastewater
discharge.
Care which is greater than that necessarily attendant upon
mere eating and lodging services, but which is less than that attendant
upon nursing home care or hospital care.
A building or group of buildings where, for compensation,
residential care is provided. This use does not include "nursing home"
or "congregate care facility."
See "dwelling unit."
[Added 3-28-2009 ATM by Art. 21]
Land Use Category 1 on the Land Use Table, in Article V.
The average of the basal area of trees remaining on a harvested
site.
[Added 3-28-2009 ATM by Art. 21]
See description in Article XV.
A place, the primary use of which is to prepare and serve
food and beverages to the general public for compensation, in a form
ready for consumption.
[Amended 3-11-2006 ATM by Art. 24]
A private easement allowing passage by vehicles and/or persons
over another's property.
Rocks that are irregularly shaped and at least six inches
in diameter used for the purpose of erosion control and soil stabilization;
typically used on ground slopes of two units horizontal to one unit
vertical or less.
See “water body, river.”
A route or track consisting of a bed of exposed mineral soil,
gravel, asphalt, or other surfacing material constructed for or created
by the repeated passage of motorized vehicles, excluding a driveway
as defined.
[Amended 3-28-2009 ATM by Art. 21]
A tree species that is less than two inches in diameter at
4.5 feet above ground level.
[Added 3-26-2016 ATM
by Art. 22]
That specific location, view, or corridors within the municipality,
as identified in the Comprehensive Plan or by a state or federal agency
statute, that consists of:
[Added 3-17-2001 by Art. 22]
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 a downtown
skyline or mountain range, resulting in a panoramic view corridor;
or
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 path.
A place where courses of study which are sufficient to qualify
attendance as compliance with state compulsory education requirements
for Grades K through 12 are taught.
A place where courses of study are taught to prekindergarten
students.
A place where any specialized branch of knowledge, such as
dancing, gymnastics, music, automobile driving, business skills, not
including horseback riding, is taught for compensation.
A fence and/or landscaped area consisting of densely planted
shrubs or trees of sufficient height and density to provide an effective
visual barrier.
[Added 3-11-2006 ATM by Art. 24]
A young tree species that is less than 4.5 feet in height
above ground level.
[Added 3-26-2016 ATM
by Art. 22]
Any utility line extension which does not cross or run beneath
any portion of a water body provided that:
[Added 3-28-2009 ATM by Art. 21]
The nearest horizontal distance between a structure and the
property boundary.
[Amended 3-28-2009 ATM by Art. 21]
The nearest horizontal distance from the normal high-water
line of a water body or tributary stream, or upland edge of a wetland,
to the nearest part of a structure, road, parking space, or other
regulated object or area.
[Amended 3-28-2009 ATM by Art. 21]
See "frontage, shore."
[Added 3-28-2009 ATM by Art. 21]
See description in Article XVI.
[Amended 3-28-2009 ATM by Art. 21]
The land area located within 250 feet, horizontal distance,
of the normal high-water line of any great pond or river; within 250
feet, horizontal distance, of the upland edge of a freshwater wetland;
or within 75 feet, horizontal distance, of the normal high-water line
of a stream. For the purposes of this chapter, the term "Shoreland
Zone" shall include the Shoreland Limited Residential District, the
Resource Protection District, and the Stream Protection District.
[Amended 3-28-2009 ATM by Art. 21]
The normal high-water line, or upland edge of a freshwater
wetland.
[Added 3-28-2009 ATM by Art. 21]
Any work, name, identification, description, emblem, insignia,
symbol, banner, pennant, trade flag, or representation which is affixed
to or painted or displayed upon a building, structure, post, or tree,
and which is exposed, in whole or in part, to public view and which
is designed to convey a message relating to any object, product, place,
activity, person, business, service, institution, facility, organization,
entertainment, or amusement available either on the lot where the
sign appears or in some other location.
The measure of the area within the lines connecting and completely
enclosing the outermost points of a sign.
A sign whose illumination is not kept constant in intensity
at all times when in use, and which exhibits changes in light, color,
light direction, and/or animation. Illuminated signs which indicate
the time and temperature are not considered as flashing signs.
See 38 M.R.S.A. § 437.
[Added 3-28-2009 ATM by Art. 21]
A route repeatedly used by forwarding machinery or animal
to haul or drag forest products from the stump to the yard or landing,
the construction of which requires minimal excavation.
[Added 3-28-2009 ATM by Art. 21]
The residue, e.g., treetops and branches, left on the ground
after a timber harvest.
[Added 3-28-2009 ATM by Art. 21]
A device or combination of devices, structure, or part of
a device or structure that transforms direct solar energy into thermal,
chemical, or electrical energy and that contributes significantly
to a structure's energy supply.
A complete design or assembly consisting of a solar energy
collector, an energy storage facility (where used) and components
for a distribution of transformed energy to the extent they cannot
be used jointly with a conventional energy system. Passive solar energy
systems are included in this definition but not to the extent that
they fulfill other functions, such as structural and recreational.
The level of sound measured in dB units with a sound level
meter which has a uniform (flat) response over the band of frequencies
measured.
Circuses, fairs, carnivals, festivals, or other types of
special activities that run for longer than one day but not longer
than one week, are intended to or likely to attract substantial crowds,
and are unlike the customary or usual activities generally associated
with the property where the special event is located.
Human genitals in a state of sexual stimulation or arousal;
acts of human masturbation, sexual intercourse or sodomy; or fondling
or other erotic touching of human genitals, pubic region, buttock,
or female breast.
A tree that has been uprooted, blown down, is lying on the
ground, or that remains standing and is damaged beyond the point of
recovery as the result of a storm event.
[Added 3-26-2016 ATM
by Art. 22]
See “water body.”
See description in Article XVIA.
[Added 3-28-2009 ATM by Art. 21]
See "water body."
[Added 3-28-2009 ATM by Art. 21]
An existing accepted state, county or Town way;
or
A road which meets the construction standards for streets contained in Chapter 148, dedicated for public use, shown on a plan approved by the Planning Board, and recorded in the York County Registry of Deeds; or
A road dedicated for public use and shown on
a plan recorded in the York County Registry of Deeds prior to November
5, 1974.
The term "street" does not include those which
have been discontinued or abandoned.
Anything built for the support, shelter or enclosure of persons,
animals, goods or property of any kind, anything constructed or erected
on or in the ground, exclusive of:
[Amended 3-9-2007 ATM by Art. 25; 3-8-2008 ATM by Art. 25; 3-28-2009 ATM by Art.
21; 3-26-2016 ATM by Art. 22]
Fences;
Poles, wiring and other aerial equipment normally associated
with service drops as well as guying and guy anchors;
Mailboxes;
Light fixtures;
Flagpoles;
Equipment or structures necessary for the purpose of making
a dwelling accessible to a person with a disability, as defined by
this chapter;
Subsurface wastewater disposal systems as defined in 30-A M.R.S.A.
§ 4201, Subsection 5;
Geothermal heat exchange wells as defined in 32 M.R.S.A. § 4700-E,
Subsection 3-C; or
Wells or water wells as defined in 32 M.R.S.A. § 4700-E,
Subsection 8. The term "structure" includes structures temporarily
or permanently located, including, but not limited to, decks, satellite
dishes, or portable storage garages.
Subdivision as defined in 30-A M.R.S.A. § 4401.
An inpatient facility where people experiencing issues with
various forms of substance abuse can be counseled and guided toward
recovery. A facility of this type is allowed a maximum occupancy of
30 patients.
[Added 6-15-2019 by Art.
No. 19]
An outpatient facility where people experiencing issues with
various forms of substance abuse can be counseled and guided toward
recovery. A facility of this type does not offer overnight extended
care.
[Added 6-15-2019 by Art.
No. 19]
Completion of 80% or more of a permitted structure or use,
measured as a percentage of estimated total cost.
Floor space increase of 25% or new materials or processes
not normally associated with the existing use.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure before the improvement or repair is started or, if the structure
has been damaged and is being restored, before the damage occurred.
For purposes of this definition "substantial improvement" is considered
to occur when the first alteration of any wall, ceiling, floor, or
structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure. The term does not,
however, include any project for improvement of a structure to comply
with existing state or local health, sanitary, or safety code specifications
which are solely necessary to assure safe living conditions or for
any alteration of a structure listed on the National Register of Historic
Places or a state inventory of historical places.
Completion of 30% of a permitted structure or use measured
as a percentage of estimated total cost.
[Amended 3-28-2009 ATM by Art.
21]
|
Any system designed to dispose of sewage waste
or wastewater on or beneath the surface of the earth; which includes,
but is not limited to: septic tanks; disposal fields; grandfathered
cesspools; holding tanks; pretreatment filter, piping, or any other
fixture, mechanism, or apparatus used for those purposes.
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|
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The term does not include any wastewater discharge
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 municipal or quasi-municipal sewer or wastewater treatment.
The term does 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 1.
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A change in elevation where the referenced percent grade
is substantially maintained or exceeded throughout the measured area.
The area which is targeted to be served by a proposed telecommunications
facility.
[Added 3-17-2001 ATM by Art. 22]
A residence that is:
Located on the same lot as a residence made
uninhabitable by fire, flood, or other natural disaster and occupied
by the persons displaced by the disaster; or
Located on the same lot as a residence that
is under construction or undergoing substantial repairs or reconstruction
and occupied by the persons intending to live in the residence when
the work is completed; or
Located on a nonresidential construction site
and occupied by persons having construction or security responsibility
over such construction site.
The cutting and removal of timber for the primary purpose of selling or processing forest products. Timber harvesting does not include the cutting or removal of vegetation within the Shoreland Zone when associated with any other land use activities. The cutting or removal of trees in the Shoreland Zone on a lot that has less than two acres within the Shoreland Zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to § 160-109, Clearing or removal of vegetation for activities other than timber harvesting.
[Amended 3-26-2016 ATM
by Art. 22]
A dwelling that is 400 square feet (37 square meter) or less
in floor area, excluding lofts. Tiny homes must be installed on a
permanent foundation with wheels, axles and towing tongue removed.
[Added 6-15-2019 by Art.
No. 19]
Any structure whose principal function is to support something
such as an antenna, a windmill, a water tank, an observation platform,
or other similar uses.
A woody perennial plant with a well-defined trunk(s) at least
two inches in diameter at 4.5 feet above the ground, with a more or
less definite crown, and reaching a height of at least 10 feet at
maturity.
[Added 3-26-2016 ATM
by Art. 22]
See “stream, tributary.”
[Amended 3-28-2009 ATM by Art. 21]
An impact which would not have occurred without the proposed
development that violates a clear, written community standard(s),
such as that enunciated in the adopted Comprehensive Plan; produces
an end result which is out of character with the development's surroundings;
significantly diminishes the scenic qualities of the area; or produces
deleterious effects which stem from the result of the developer(s)
which may have been prevented through mitigation activities, such
as screening or coloration.
[Added 3-17-2001 ATM by Art. 22]
The boundary between upland and wetland. For purposes of
a freshwater wetland, the upland edge is formed where the soils are
not saturated for a duration sufficient to support wetland vegetation;
or where the soils support the growth of wetland vegetation, but such
vegetation is dominated by woody stems that are six meters (approximately
20 feet) tall or taller.
[Amended 3-28-2009 ATM by Art. 21]
Any above-ground structure or facility owned by a governmental
entity or public utility used in the transmission, delivery, collection,
or storage of water, electricity, gas, oil, or electronic signals.
This definition does not include utility lines and supporting structures
located within a public right-of-way.
All live trees, shrubs, ground cover, and other plants, including
without limitation, trees both over and under four inches in diameter,
measured at 4 1/2 feet above ground level.
[Amended 3-28-2009 ATM by Art. 21]
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, and which serves as the basis
for the location and determination of the particular location or scenic
resource.
[Added 3-17-2001 ATM by Art. 22]
A visible area, as it appears from one or more viewpoints.
[Added 3-17-2001 ATM by Art. 22]
The volume of all portions of a structure enclosed by a roof
and fixed exterior walls as measured from the exterior faces of these
walls and roof.
Any great pond, river, or stream. See below for individual
water body definitions:
[Amended 3-11-1995 ATM by Art. 18; 3-28-2009 ATM by Art. 21]
GREAT PONDAny inland body of water which in a natural state has a surface area in excess of 10 acres, and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres, except, for the purposes of this Chapter, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner. The great ponds in Alfred are Estes Lake, Middle Branch Pond, and Shaker Pond.
RIVERA free-flowing body of water including its associated flood plain wetlands from that point at which it provides drainage for a watershed of 25 square miles to its mouth.
STREAMA free-flowing body of water from the outlet of a great pond or the confluence of two perennial streams as depicted on the most recent highest-resolution version of the national hydrography dataset available from the United States Geological Survey to the point where the stream becomes a river or where the stream meets the shoreland zone of another water body or wetland. When a stream meets the shoreland zone of a water body or wetland and a channel forms downstream of the water body or wetland as an outlet, that channel is also a stream.
[Amended 3-26-2016 ATM
by Art. 22]
TRIBUTARY STREAMA channel between defined banks created by the action of surface water, which is characterized by the lack of terrestrial vegetation or by the presence of a bed, devoid of topsoil, containing waterborne deposits or exposed soil, parent material or bedrock, and which is connected hydrologically with other water bodies. "Tributary stream" does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetation cover has been removed by human activity.
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This definition does not include the term "stream"
as defined elsewhere in this chapter, and only applies to that portion
of the tributary stream located within the Shoreland Zone of the receiving
water body or wetland. Water setback requirements apply to tributary
streams within the Shoreland Zone.
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Any project extending from one bank to the opposite bank
of a river, stream, tributary stream, or wetland whether under, through,
or over the water or wetland. Such projects include but may not be
limited to roads, fords, bridges, culverts, water lines, sewer lines,
and cables as well as maintenance work on these crossings. This definition
includes crossings for timber harvesting equipment and related activities.
[Amended 3-28-2009 ATM by Art. 21]
Abutting a water body.
A use which by its nature of operation requires a waterfront
location.
A freshwater wetland.
[Amended 3-28-2009 ATM by Art. 21]
A freshwater wetland dominated by woody vegetation that is
six meters (approximately 20 feet) tall or taller.
[Added 3-28-2009 ATM by Art. 21; amended 3-26-2016 ATM by Art. 22]
A freshwater swamp, marsh, bog, or similar area, other than
a forested wetland, which is:
[Added 3-28-2009 ATM by Art. 21]
Of one or more contiguous acres, as shown on
the National Wetlands Inventory Map prepared by the United States
Department of the Interior, or of less that one contiguous acre and
adjacent to a surface water body, excluding any river, stream, or
brook such that in a natural state, the combined surface area is in
excess of one acre; and
Which is inundated or saturated by surface or
ground water at a frequency and for a duration sufficient to support,
and which under normal circumstances does support, prevalence of wetland
vegetation typically adapted for life in saturated soils.
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Freshwater wetlands may contain small stream
channels or inclusions of land that do not conform to the criteria
of this definition but are considered part of the wetland.
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Wetlands contiguous with or adjacent to a great pond or river
and which during normal high water are connected by surface water
to the great pond or river. Also included are wetlands which are separated
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 normal 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.
The following soils, as described and identified in the Soil
Survey of York County:
Activities designed to keep certain wildlife populations,
including endangered animals, at desirable levels, as regulated by
state wildlife managers, such as trapping, culling, controlled burns,
reintroduction of species, reforestation or vegetation clearing, installations
of nest boxes or salt licks, and the like.
[Added 3-28-2009 ATM by Art. 21]
Any structure, antenna tower, or other device which provides
radio/television transmission, commercial mobile wireless services,
unlicensed wireless services, cellular phone services, specialized
mobile radio communications (SMR), common carrier wireless exchange
phone services, and personal communications service (PCS) or other
services.
[Added 3-17-2001 ATM by Art. 22]
Live trees or woody, non-herbaceous shrubs.
[Added 3-28-2009 ATM by Art. 21]
[1]
Editor's Note: The definition of “cellar”
which immediately followed was repealed 3-28-2009 ATM by Art. 21.
[2]
Editor's Note: The Land Use Table is included at the end of this chapter.
[3]
Editor's Note: The Land Use Table is included at the end of this chapter.
[4]
Editor's Note: The former definition of "emergency
service facility," which immediately followed, was repealed 3-11-1995
ATM by Art. 18.
