Language used in this chapter shall be construed as follows:
A. 
In the interpretation and enforcement of this chapter, all words other than those specifically defined herein, except construction or structure-related terminology, shall have the meaning implied by their context in the chapter or their ordinarily accepted meanings as found in the current edition of Webster's Collegiate Dictionary; provided, however, that with respect to any permitted use that is not defined in § 125-109, such use shall be defined by reference to the Standard Industrial Classification and only then, if not defined therein, by reference to the current edition of Webster's New Collegiate Dictionary. For construction or structure-related terminology not specified otherwise herein, the applicable definitions provided in the applicable codes as referenced in § 125-91 shall apply.
[Amended 5-6-1996; 5-3-2004]
B. 
The words "person," "applicant" and "developer" include individuals, firms, associations, corporations, partnerships, trusts or other legal entities.
C. 
Words used or defined in one tense or form shall include other tenses or derivative forms.
D. 
Words in the singular shall include the plural, and words in the plural shall include the singular.
E. 
The masculine gender shall include the feminine, and the feminine shall include the masculine.
F. 
The words "shall" and "will" are mandatory, and the word "may" is permissive.
G. 
The word "building" includes the word "structure."
H. 
The world "dwelling" includes the word "residence."
I. 
The word "lot" includes the word "plot" or "parcel."
J. 
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."
K. 
The word "Town" or "municipality" means the Town of Bar Harbor, Maine.
L. 
In case of any difference of meaning or implication between the text of this chapter and any map, illustration, or table, the text shall control.
M. 
In the case of reference to "Planning Board" findings or decisions, these shall also include the "Code Enforcement Officer" or other Planning Department and Town staff for decisions in a capacity of delegated authority for the Planning Board or as may be required to apply standards of the Land Use Ordinance for uses or structures for which the Code Enforcement Officer has authority for review and permitting under Article III, or, for minor site plan review and subdivision for the Planning Department.
[Amended 11-4-2003; 6-12-2018]
The following terms shall have the following meanings:
ABUTTING
Having a common border with, or being separated from such common border by an alley, easement, street, road, public way or private way.
ACCESS
A means of approach or entry to or exit from property.
ACCESSORY PROJECT
A change to an appendage of a structure that includes signage, awnings, canopies, umbrellas, outdoor displays, lighting, or landscaping.
[Added 11-2-1999]
ACCESSORY STRUCTURE
See "structure."
ACCESSORY USE
See "use."
ACRE
A measure of land containing 43,560 square feet.
ACTIVE RECREATION
See "recreation."
AFFORDABLE HOUSING
Lots/units which may be purchased or rented for occupancy by people with up to 120% of moderate income as established by the State Planning Office or the Hancock County Planning Commission.
[Added 5-2-2005; amended 11-4-2008]
AGGRIEVED PERSON
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 11-3-2009]
AGRICULTURAL ACTIVITY
Land clearing, tilling, fertilizing, including spreading and disposal of manure and manure sludge, liming, planting, pesticide application, harvesting of cultivated crops, pasturing of livestock, poultry and other similar or related activities, but not including construction, creation or maintenance of land management roads or forest management or timber harvesting activities. Noncommercial gardens are not considered agricultural activities, regardless of size.
[Amended 11-5-1991; 11-4-2003]
AGRICULTURE, AVOCATIONAL
Farming, raising of animals or crops as an accessory use to one’s primary residence which is greater than the intensity of homestead agriculture but less than the intensity of commercial agriculture; or, farming, raising of animals or crops on a site other than one’s primary residence and of an intensity less than that of commercial agriculture.
[Added 11-4-2003]
AGRICULTURE, COMMERCIAL
Production of crops or animals and involving more than five acres of cultivated soil or keeping of more than 100 poultry or other animals raised for meat or other by-product.
[Added 11-4-2003]
AGRICULTURE, HOMESTEAD
Minor crop raising and animal husbandry as an accessory use to one’s primary residence that does not involve tilling of more than one acre of soil, or keeping of more than 20 adult poultry and/or five hoofed animals; raising or keeping of swine is not considered homestead agriculture.
[Added 11-4-2003]
ALLEY
A thoroughfare either used or shown on any recorded description of the subject parcel(s) which is not more than 30 feet wide and which affords only a secondary means of access to abutting property.
ALTERATION
A change, addition, or modification requiring construction, including any change in the location of structural members of buildings or structures, such as bearing walls, columns, beams, or girders, or of the means of egress. The term includes enlargement, whether by extending on a side or by increasing in height, but does not include decorative or cosmetic changes.
ANTENNA ARRAY
Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio or electromagnetic frequency signals.
[Added 6-10-2008]
APPEAL
A means for obtaining review of a decision, determination, order or failure to act pursuant to the terms of this chapter as expressly authorized by the provisions of § 125-103.
AQUACULTURE
The growing or propagation of harvestable freshwater, estuarine, or marine plant or animal species.
[Added 11-5-1991]
ARCHITECTURAL MERIT
A building or structure shall be deemed to have architectural merit if it embodies distinctive characteristics of a type, period or method of construction, represents the work of a master architect or builder, or possesses high artistic value.
[Added 11-2-1999]
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain having a one-percent or greater chance of flooding in any given year.
ARRAY
Multiple solar photovoltaic panels combined together to create a system.
[Added 11-2-2021]
ARTIST STUDIO
An art profession home occupation for gain and support which is conducted entirely within a residential dwelling unit or structure accessory to the dwelling unit. Retail sales of products made on the premises are allowed in residential districts; accessory retail sales of products made on the premises and other products are allowed in commercial and corridor districts.
[Added 6-8-2010]
ATTIC
That part of a building which is immediately below, and wholly or partly within, the roof framing.
AUTHORIZED AGENT
Anyone having written authorization to act in behalf of a property owner, signed by the property owner.
AUTOMOBILE REPAIR GARAGE
A place where, with or without the attendant sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame, or fender straightening and repair; and painting and undercoating of automobiles.
AUTOMOBILE SALES LOT
A lot arranged, designed, or used for the storage and display for sale of any motor vehicle or any type of trailer provided the trailer is unoccupied, and where no repair work is done except minor incidental repair of automobiles or trailers displayed and sold on the premises.
AUTOMOBILE SALVAGE YARD
A yard, field or other screened area where salvaged automobiles or automobile parts are stored, bought, sold, exchanged, baled, packed, disassembled or handled, but not including the storage of used cars in operable condition or the keeping of junked automobiles in violation of Chapter 109, § 109-8.
AUTOMOBILE SERVICE STATION (FILLING STATION)
Any premises used for supplying gasoline and oil at retail, direct to the customer, including the sale of minor accessories and minor services for automobiles.
AWNING
A temporary or permanent canvas roof-like structure extending over any place as a shelter from the sun, wind, or rain such as a door, window, porch, or patio.
[Added 11-2-1999]
BANNER
A sign on any lightweight material, either enclosed or not enclosed in a rigid frame, and secured, mounted, suspended or displayed in a manner to allow movement caused by wind.
[Added 11-5-1991]
BASAL AREA
The area of a cross section of a tree stem at 4.5 feet above ground level and inclusive of bark.
[Added 6-8-2010]
BASEMENT
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 11-3-2009]
BED-AND-BREAKFAST I
Overnight accommodations and a morning meal in an owner-occupied dwelling unit constructed before June 8, 2010, provided to transients for compensation. Breakfast is included in the room rate.
[Amended 6-8-2010]
BED-AND-BREAKFAST II
Overnight accommodations and a morning meal in a dwelling unit occupied by the owner/innkeeper or a designated employee constructed before June 8, 2010, provided to transients for compensation. Breakfast is included in the room rate.
[Added 6-8-2010]
BED-AND-BREAKFAST III
Overnight accommodations and a morning meal in a dwelling unit occupied by the owner/innkeeper or a designated employee provided to transients for compensation. Breakfast is included in the room rate.
[Added 6-8-2010]
BED-AND-BREAKFAST IV
Overnight accommodations, a morning meal, and additional meals in a dwelling unit occupied by the owner/innkeeper or a designated employee constructed before June 8, 2010, provided to transients for compensation. Breakfast is included in the room rate. The meals may be open to the public.
[Added 6-8-2010]
BED-AND-BREAKFAST V
Overnight accommodations, a morning meal, and additional meals in a dwelling unit occupied by the owner/innkeeper or a designated employee provided to transients for compensation. Breakfast is included in the room rate. The meals may be open to the public.
[Added 6-8-2010]
BILLBOARD
See "sign."
BLOCK FACE
The buildings located along a side of a street within a block.
[Added 11-2-1999]
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.
[Added 11-5-1991]
BOAT YARD, COMMERCIAL
A place, usually adjacent to navigable waters, where, as a business or gainful occupation, boats are hauled, stored, repaired or constructed.[1]
BRICK
A block of clay hardened by heat and used for building, paving, etc.
[Added 11-2-1999]
BUFFERS
Fences, landscaping, berms and mounds used to minimize any adverse impacts or nuisance of the site on adjacent areas.
BUILDING
Any roofed structure built, maintained, or intended for use for the shelter or enclosure of persons, animals, goods or property of any kind. This term is inclusive of any thereof. Where independent units with separate entrances are divided by walls, each unit is a building.
BUILDING AREA
Total of areas taken on a horizontal plane at the main finished grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between exterior faces of walls.
BUILDING COVERAGE
The area of the lot covered by building area.
[Added 5-1-1995]
BUILDING FRONT LINE
Line parallel to the front lot line transecting that point in the building face which is closest to the front lot line. This face includes porches whether enclosed or unenclosed but does not include steps.
BUILT
Erected, constructed, reconstructed, altered, enlarged, moved, extended, filled, excavated, paved and the like.
CALIPER
A measurement of the size of a tree equal to the diameter of its trunk measured six inches above natural grade.
[Amended 11-6-2001]
CAMPGROUND
Any land area specifically designed and developed, containing two or more individual campsites which accommodate that segment of the traveling public seeking temporary camping accommodations for tents, recreational vehicles or towed travel trailers for compensation. Accessory uses, subject to a site plan review, include camper services and facilities such as shower and laundry facilities, electricity, fresh water, propane and gas sales, ice, outlet for camping supplies and equipment, recreational services and the like.
CAMPGROUND (SHORELAND DISTRICTS)
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.
[Added 6-8-2010]
CAMPSITE, PRIVATE
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.
[Added 11-5-1991; amended 11-3-2009]
CANOPY
The more or less continuous cover formed by tree crowns in a wooded area.
[Added 11-2-1999; amended 11-4-2008]
CEMETERY
Property used for the interment of the dead.
CERTIFICATE OF APPROPRIATENESS
A document or form attesting to the Design Review Board's approval of specific activities issued pursuant to Article XIII, Design Review.
[Added 11-2-1999]
CERTIFICATE OF OCCUPANCY
Official certification that a premises conforms to provisions of this chapter and may be used or occupied. Such a certificate is granted for new construction or for alteration of or addition to existing structures. Unless such a certificate is issued, a structure cannot be used or occupied.
CHANGE IN USE
The change from an existing use to another use, including, without limitation, the addition of a new use to an existing use.
CHANNEL
A watercourse between defined banks created by the action of surface water and characterized by the lack of terrestrial vegetation and by the presence of a bed, devoid of topsoil, containing waterborne deposits or exposed soil parent material or bedrock.
CHILD-CARE CENTER
A building for providing licensed care and protection for three or more children under 13 years of age.
[Amended 6-8-2010]
CHILD-CARE FACILITY
A licensed child-care center, family child care or nursery school.
[Added 6-8-2010]
CHILD CARE, FAMILY
Licensed care and protection that is provided in a dwelling unit on a regular basis for three to 12 children under 13 years of age who are not the children of the provider or who are not residing in the provider's home. If a provider is caring for children living in that provider's home and is caring for no more than two other children, then the use is customary to a dwelling unit and is not regulated herein.[2]
[Amended 6-8-2010]
CLUB
Any voluntary association of persons organized for fraternal, social, religious, benevolent, recreational, literary, patriotic, scientific, or political purposes whose facilities are open to members but not the general public and which is principally engaged in activities which are not customarily carried on for pecuniary gain.
CLUB, PRIVATE
An incorporated club which is organized and operated to provide athletic, social, recreational, patriotic, fraternal or cultural activity or entertainment for its members and their guests and which is operated for profit. Any private club which has been in existence and operation for five consecutive years may make a part or all of its facilities available to the public for a fee and may sell food and beverages to the public on the following conditions:
A. 
That it continues to operate for the same purpose for which it is organized and has been operated;
B. 
That the club and all of its facilities are operated under a lease or otherwise by a nonprofit membership corporation composed exclusively of members of the club;
C. 
That any net profit from the operation of the club, after payment of all current expenses, shall be used solely for the payment or retirement of long-term indebtedness of the club, or for the improvement of the club facilities, or be invested in an endowment fund for the benefit of the club; and
D. 
That the market value of all the property and assets owned by the club less the total amount of any liens thereon shall equal or exceed $100,000.[3]
CODE ENFORCEMENT OFFICER
A person appointed by the municipal officers to administer and enforce this chapter. Reference to the Code Enforcement Officer may be construed to include Building Inspector, Plumbing Inspector, Electrical Inspector and the like where applicable.
CO-LOCATION
The use of a communications facility by more than one communications provider.
[Added 6-10-2008]
COMMERCIAL FISH PIER
A permanent structure used for berthing, loading and unloading of commercial fishing vessels. The structure may also be used for commercial purposes, such as chartering fishing boats or selling locally caught fish for profit.
[Added 11-2-2010]
COMMERCIAL USE
The use of lands, buildings, or structures, other than a home occupation as defined below, the intent and result of which activity is the production of income from the buying and selling of goods or services, exclusive of rental of residential buildings and/or dwelling units.
COMMUNICATIONS FACILITY
Any structure, antenna, tower, or other device which provides the capacity to transmit information through such methods as, but not limited to, radio/television transmission, commercial mobile wireless services, unlicensed wireless services, cellular phone services, specialized mobile radio communications (MR), common carrier wireless exchange phone services, and personal communications service (PAS) or pager services.
[Added 6-10-2008]
COMPATIBLE DESIGN
The visual relationship between adjacent buildings within 300 feet and the immediate streetscape, in terms of consistency of materials, building elements, building mass, and other constructed elements of the village environment, such that abrupt or severe differences are avoided.
[Added 6-13-2006[4]]
COMPLEMENT THE VISUAL CHARACTER OF THE (DESIGN REVIEW OVERLAY) DISTRICT
Designed in a manner that is architecturally and visually similar to the predominate pattern of buildings and relationship of buildings to the street within the district.
[Added 11-2-1999]
COMPREHENSIVE PLAN
Any part or element of the overall plan or policy for development of the Town as defined by 30-A M.R.S.A. § 4321 et seq.
CONDITIONAL USE
A land use that, because of its unique characteristics or potential impact on the Town, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. By classifying certain uses as conditionally permitted, separate regulations can be imposed to evaluate and mitigate potential adverse impacts.
[Added 11-2-2010]
CONDITIONAL USE PERMIT
A permit issued by the Planning Board stating that the conditional use meets all conditions set forth in the Land Use Ordinance. It is a mechanism that allows the ability to permit specific uses not otherwise allowed, as long as the landowner or business owner meets certain conditions.
[Added 11-2-2010]
CONDOMINIUM
As defined in the Maine Condominium Act of 1983,[5] real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions under a declaration, duly recorded pursuant to this Act. A condominium is a legal form of ownership, not a land development type. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
CONDOMINIUM CONVERSION
A building that at any time before creation of the condominium was occupied wholly or partially by one or more persons other than purchasers and persons who occupy with the consent of purchasers.
CONFERENCE CENTER
A facility used for conferences and seminars, with accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities, meeting rooms, fitness and health center, and retail stores and services primarily for conference center guests.
[Added 6-8-2010]
CONGREGATE HOUSING
A private, licensed establishment operated for the purpose of providing domiciliary care for a group of persons who by reason of age or physical condition do not desire to but are financially capable of providing such care for themselves, and who are not in need of medical or nursing treatment except in the case of temporary illness.
CONTIGUOUS LOTS
Lots which adjoin at any line or point or are separated at any point by a body of water less than 15 feet wide.
CONVENTIONAL SUBDIVISION
A subdivision planned under the dimensional controls found in Article III.
[Added 6-13-2006[6]; amended 11-4-2008]
CUL-DE-SAC
A local street with only one outlet and having the other end for the reversal of traffic movement.[7]
DECK
A level structure adjacent to a building elevated above the surface of the ground which may have a railing, but no roof, awning or other covering.
DECORATIVE CHANGES
Repainting; re-siding; re-roofing; or adding, removing or replacing trim, railings, or other nonstructural architectural details.
DEDICATION
The transfer of property interests from private to public ownership for a public purpose. The transfer may be of a fee simple interest or of a less than fee simple interest, including an easement.
DESIGNATED SCENIC RESOURCE
That specific location, view or corridor, which is identified as a scenic resource in the Town’s Comprehensive Plan (Figure II.A.1). Such scenic resources shall consist of:
[Added 6-10-2008]
A. 
A three-dimensional area extending out from a particular viewpoint on a public way or within a public recreational area, focusing on a single object, such as a mountain, a lake, or a bay, or a group of objects, such as a downtown skyline or mountain range, or island, resulting in a panoramic view corridor; or
B. 
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 from a viewpoint on a public way or within a public recreational area.
DEVELOPED AREA
Any area on which a site improvement or change is made, including buildings, landscaping, parking areas and streets.
DEVELOPER
The legal or beneficial owner of a lot or parcel of any land proposed for inclusion in a development, including the holder of an option or contract to purchase.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; or any extension of any use of land or any clearing, grading, or other movement of land for which permission may be required pursuant to this chapter.
DEVELOPMENT (SHORELAND DISTRICT)
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 6-8-2010]
DIMENSIONAL REQUIREMENTS
Numerical standards relating to spatial relationships, including but not limited to setback, lot area, shore frontage and height.
[Added 11-5-1991]
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 required special education, vocational rehabilitation or related services.
[Added 11-4-2008]
DISTRICT
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.
DOCK
See "structure, water-related."
DORMER
A modification of a roof which increases the elevation of a portion of that roof for the purpose of providing either more interior space or a window.
DRAINAGE
The removal of surface or ground water from land by drains, grading or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development, and includes the means necessary for water supply preservation and prevention or alleviation of flooding.
DRIVE-UP WINDOW
A window where one can pull up in a vehicle to place an order for food or beverage, pay for and receive the food or beverage, and drive away, without ever having to get out of the vehicle.
[Added 11-6-2001]
DRIVEWAY
A vehicular accessway of any length constructed in accordance with the standards set forth is this chapter, serving two single-family dwellings or one two-family dwelling or less.
[Amended 5-6-1996; 11-3-2009; 6-8-2010]
DRIVEWAY, ONE-WAY
A driveway on which vehicles are allowed to travel in only one direction and which has two separate connections to a street.
[Added 5-6-1996]
DRIVEWAY, TWO-WAY
A driveway on which vehicles are allowed to travel in two directions.
[Added 5-6-1996]
DWELLING
A building or portion thereof used exclusively for residential occupancy and containing one or more dwelling units.
DWELLING, MULTIFAMILY I
A building or portion thereof or multiple buildings on a lot used for residential occupancy by three or four families living independently of each other and doing their own cooking in the building in each of three or four separate and independent dwelling units.
[Amended 11-7-2006]
DWELLING, MULTIFAMILY II
A building or portion thereof, or multiple buildings, located on a lot or on a contiguous parcel or area of land, used for residential occupancy for five or more families living independently of each other and doing their own cooking in the building in each of five or more separate and independent dwelling units.
[Amended 11-7-2006; 6-9-2009]
DWELLING, SINGLE-FAMILY DETACHED
A building designed or intended to be used exclusively for residential occupancy by one family only and containing only one dwelling unit and having no roof, wall or floor in common with any other dwelling unit. The term shall include modular, prefabricated and manufactured homes.
DWELLING, TWO-FAMILY
A detached or semidetached building used for residential occupancy by two families living independently of each other and doing their own cooking in the building in each of two separate and independent dwelling units.
DWELLING UNIT
A room or group of rooms which is designed, equipped and intended exclusively for use as residential living quarters by only one family, which contains independent living, cooking, sleeping, bathing and sanitary facilities, and which is separate and independent from other such rooms or groups of rooms.[8]
DWELLING UNIT (SHORELAND DISTRICTS)
A room or group of rooms designed and equipped exclusively for use as permanent, seasonal, or temporary living quarters for only one family at a time, and containing cooking, sleeping and toilet facilities. The term shall include mobile homes and rental units that contain cooking, sleeping, and toilet facilities regardless of the time period rented. Recreational vehicles are not residential dwelling units.
[Added 6-8-2010]
EARTH
Topsoil, sand, gravel, clay, peat, rock, or other minerals.
EASEMENT
Authorization of a property owner of use by another of any designated part of the owner's property for a specified purpose.
EDUCATIONAL INSTITUTION
A building or group of buildings in which post-secondary students are housed, fed, instructed and governed while working toward undergraduate, graduate or postgraduate degrees in a university or college setting.
ELEEMOSYNARY INSTITUTION
A nonprofit establishment for public use, including, but not limited to, libraries.
[Amended 11-5-2013]
ELEVATION DRAWING
A technical drawing of the facade of a building or structure showing the placement and design of windows, doors, trim, and other structural and ornamental details.
[Added 11-2-1999]
EMERGENCY OPERATIONS
Operations conducted for the public health, safety or general welfare, such as protecting 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.
EMPLOYEE LIVING QUARTERS-1
An accessory use, attached or detached from the principal structure, consisting of a series of rooms containing beds, where the occupants do not constitute a family or a single housekeeping unit, and the principal structure is a commercial use. It shall be used exclusively for the accommodation of employees, for more than 30 days, that are employed on or off site, as long as the off-site employees are employed by the same company, a parent company, or a subsidiary company that owns the parcel where the principal structure is located. Employee living quarters-1 serving a hospital shall not be subject to the thirty-day minimum requirement. Employee living quarters-1 must serve another use on the lot, meaning it cannot be the only use on the lot.
[Added 7-14-2020; amended 6-11-2024 ATM by Art. 2]
EMPLOYEE LIVING QUARTERS-2
An accessory use, within a structure consisting of a series of rooms containing beds, where the occupants do not constitute a family or a single housekeeping unit, and the principal use is a commercial use where there is no clear principal structure. It shall be used exclusively for the accommodation of employees, for more than 30 days, that are employed on or off site, as long as the off-site employees are employed by the same company, a parent company, or a subsidiary company that owns the parcel where the principal use is located. Employee living quarters-2 must serve another use on the lot, meaning it cannot be the only use on the lot. The maximum total occupancy of all employee living quarters-2 on a lot shall be 14 employees.
[Added 6-11-2024 ATM by Art. 2]
ENLARGEMENT
An addition to the floor area or volume of an existing building, an increase in the size or volume of any other structure, an increase in the ground area of that portion of a tract of land occupied by an existing use.
[Amended 6-8-2010]
ERECT
To construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish.
[Added 11-2-1999]
ESSENTIAL SERVICES
The construction, alteration or maintenance of gas, electrical, communications facilities owned by the Town, steam, fuel or water transmission or distribution systems, collection, supply or disposal systems. Such systems may include towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants, generators, wells, wellheads and similar accessories but shall include structures which are necessary for the furnishing of such services.
[Amended 5-2-2005; 6-10-2008]
ESTABLISHED PATTERN OF
The situation in which the substantial majority of buildings or structures within a block face, or the two buildings on either side of the subject property, exhibit a reasonably consistent pattern with respect to a physical feature such as height, facade proportion, setback, etc.
[Added 11-2-1999]
EXIT AISLE
The minimum area within a building or structure reasonably necessary to allow patrons to move into and out of those areas that are included within the definition of "net leasable area."
[Added 3-24-1998]
EXPANSION
See "enlargement."
EXPANSION OF A COMMUNICATIONS FACILITY
The addition of towers, increased height and/or increased footprints of any buildings or structures of the existing facility.
[Added 6-10-2008]
EXTENSION
An increase in the amount of existing floor area used for an existing use within an existing building.
EXTERIOR WALLS OF TRADITIONAL SITE-BUILT APPEARANCE
Siding materials such as clapboards, shingles and shakes, including synthetic or metal siding manufactured to closely resemble clapboards, shingles and shakes. This term shall also include masonry, brick, stucco, and wood board and batten.
EXTRACTION
[Amended 11-5-1991]
A. 
The excavation, processing, storage or removal from its natural location of soil, sand, gravel, rock, topsoil, loam, clay, peat or other mineral deposits, not including:
(1) 
The excavation of material incidental to approved construction of buildings, driveways or parking areas;
(2) 
The excavation of material incidental to and at the site of construction or repair of streets; or
(3) 
The excavation, processing or storage of less than 10 cubic yards of material on a lot within a one-year period.
B. 
The stripping of loam, topsoil and peat from a lot is expressly prohibited by this chapter.
FAA
The Federal Aviation Administration or its lawful successor.
[Added 6-10-2008]
FACADE
An exterior wall of a building or structure.
[Added 11-2-1999]
FAMILY
Two or more persons related by blood, marriage, adoption or guardianship, or not more than five persons not so related, occupying a dwelling unit and living as a single housekeeping unit, such a group to be distinguished from a group occupying a boardinghouse, lodging house, club, fraternity, transient accommodations, short-term rental, employee living quarters-1, employee living quarters-2, or shared accommodations.
[Amended 6-13-2006; 11-8-2011; 7-14-2020; 11-2-2021; 6-11-2024 ATM by Art. 2]
FARM AND FOOD PRODUCTS
Any agricultural, horticultural, forest or other product of the soil or water, including but not limited to fruits, vegetables, eggs, dairy products, meat and meat products, poultry and poultry products, fish and fish products, grain and grain products, honey, nuts, maple products, apple cider, fruit juice, wine, ornamental or vegetable plants, nursery products, firewood and Christmas trees.
[Added 3-24-1998]
FARMERS' MARKET
A building, structure or place used by two or more farmers for the direct sale of farm and food products to consumers, at which no seller may sell a product unless at least 75% of the product offered by that seller was grown or processed by that seller or under that seller's direction. A product not grown or processed by a seller must have been purchased directly from another farmer.
[Added 3-24-1998]
FCC
The Federal Communications Commission or its lawful successor.
[Added 6-10-2008]
FENCE
A structure commonly made of wooden or metal posts, boards, rails, bricks, stones, PVC, wire mesh, masonry or similar materials, erected for the purpose of enclosing a yard or portion thereof, for screening or decoration, or for marking the general location of a lot boundary. A fence, for purposes of this definition, includes all posts or other supports as well as all ornamentation, decorations and finials.
[Added 5-7-1991; amended 11-2-1999]
FILLING
Depositing or dumping any matter on or into the ground or water.
FISHERIES, SIGNIFICANT
Areas identified by a governmental agency, such as the Maine Department of Inland Fisheries and Wildlife, the Atlantic Salmon Authority, and the Maine Department of Marine Resources, as having significant value as fisheries and any areas identified in the municipality's Comprehensive Plan.
[Added 5-3-1999]
FIXTURE
The assembly that holds the lamp (bulb) in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts.
[Added 11-4-2008]
FLOOD- OR SPOTLIGHT
A light designed to flood a well-defined area with light, with a reflector or optical assembly that concentrates the light output in a particular direction or spot.
[Added 11-4-2008]
FLOODPLAIN
Land subject to inundation by storm or flood water caused by overflow from the normal high water mark of any coastal or inland waters or as defined or identified by the Flood Boundary Maps of the Town of Bar Harbor.
FLOODWAY
The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the one-hundred-year flood without cumulatively increasing the water surface elevation by more than one foot in height.
[Added 11-4-2008]
FLOOR AREA
The sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls, plus the horizontal area of any unenclosed portions of a structure such as porches and decks.[9]
FOOD PROCESSING ESTABLISHMENT
An establishment in which food or beverages are processed or otherwise prepared for eventual human consumption and may be served or sold on the premises; in the Downtown Village District, this use shall not include fresh or frozen fish, meat or poultry processing.
[Added 6-8-2010]
FOOD PROCESSING FACILITY
A place housing any operation which changes the chemical composition or physical properties of food materials consumed by humans. An example would be a creamery where dairy products such as butter, cheese and ice cream are made. The term does not include slaughterhouses or restaurants where food is prepared and sold at retail.
FOOTCANDLE ("FC")
The basic unit of luminance (the amount of light falling on a surface). Footcandle measurements are made with a light meter. One footcandle is equivalent to the luminance produced on one square foot of surface area by a source of one standard candle at a distance of one foot.
[Added 11-4-2008]
FOOTCANDLES (AVERAGE)
The amount of light measured between the brightest and the darkest areas. It may be measured at ground level of three feet above the ground.
[Added 11-4-2008]
FOOTCANDLES (HORIZONTAL)
The measure of the illumination striking a horizontal plane.
[Added 11-4-2008]
FOOTCANDLES (VERTICAL)
The measure of the illumination striking a vertical plane.
[Added 11-4-2008]
FOOTPRINT AREA
The total area, calculated in square feet, of a site, if viewed from above, covered by structures or improvements, including areas under roof overhangs and under decks.[10]
[Added 5-6-1996]
FOOTPRINT AREA, BUILDING
The total square footage of a building or buildings if viewed from above, including areas under overhangs.
[Added 7-14-2020]
FOUNDATION
The supporting substructure of a building or other structure, excluding wooden sills and post supports, but including basements, slabs, frost walls, or other base consisting of concrete, block, brick or similar material.
[Amended 11-4-2008]
FRONTAGE, ROAD
The linear distance measured along the lot line which separates the lot from a public or private road, but not including a private driveway providing access to more than one lot.
FRONTAGE, SHORE
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.
[Amended 11-5-1991; 11-3-2009]
FULL CUTOFF
A shielded fixture that directs all light towards the ground by preventing all transmission of light above a horizontal line as specified by the IES.
[Added 11-4-2008]
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 or inland waters and that can not be located away from these waters. The uses include but are not limited to commercial and recreational fishing and boating facilities, excluding recreational boat storage buildings, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat-building facilities, marinas, navigation aids, basins and channels, retaining walls, industrial uses dependent upon waterborne transportation or requiring large volumes of cooling or processing water that cannot reasonably be located or operated at an inland site, and uses that primarily provide general public access to coastal or inland waters.
[Added 11-4-2008]
GALLERY
A retail establishment primarily engaged in the sale of drawings, photography, paintings, sculpture and the like to customers for their own individual or household use. Accessory uses may include restaurant.[11]
[Added 6-8-2010]
GARAGE, RESIDENTIAL
An accessory building or a portion of the principal dwelling unit(s) used for parking or temporary storage of automobiles of residential occupants of the premises. Not more than one space may regularly be used by the private passenger automobile of a person not resident on the premises.
[Amended 11-4-2008]
GLARE
The interfering brilliance of a light source at various viewing angles.
[Added 11-4-2008]
GLARE (DISABILITY)
Glare which reduces visual performance due to light scattered in the eye, reducing the contrast of the image.
[Added 11-4-2008]
GOVERNMENT FACILITY/USE
A governmental or public service use for the general benefit of the citizens funded in whole or in part by the state, federal government, Town of Bar Harbor or a quasi-public organization, including, by way of illustration and without limitation, public parks and recreational facilities, visitor information offices.
[Amended 6-8-2010]
GRADE
In relation to buildings, the average of the finished ground level at the center of each wall of a building.
GRAVEL PIT
See "extraction."
GREAT AMERICAN NEIGHBORHOOD, THE
An initiative of the Maine State Planning Office to encourage developments that have the following features as defined:
[Added 6-13-2006[12]]
A. 
Walkability: Pedestrian access to other neighborhoods and commercial areas;
B. 
Civic core: a portion of the development lot or a building to allow for public gathering;
C. 
Neighborhood boundaries: Joining neighborhoods together by vehicles; and
D. 
Protection from excessive traffic: street planning standards to discourage speeds over 35 miles per hour.
GREAT POND
See "water bodies, great pond."
[Added 11-5-1991]
GREAT POND CLASSIFIED GPA
See "water bodies, great pond classified GPA."
[Added 11-5-1991]
GREENHOUSE, COMMERCIAL
An enclosed building, permanent or portable, which is used for the growth of small plants to be sold at wholesale or retail.
GREENHOUSE, NONCOMMERCIAL
An accessory building to a residence designed or used for the growth of small plants.[13]
GROCERY STORE
A small neighborhood establishment retailing food and related commodities, as distinguished from a supermarket.
GROSS FLOOR AREA
The sum of the gross horizontal areas of all enclosed floors of a building, excluding basements, areas beyond exterior walls, and any space with a floor to ceiling height of less than six feet six inches.
[Added 6-13-2006[14]]
GROSS LEASABLE AREA (GLA)
The total area, in square feet, of a building or structure, measured from the interior faces of exterior walls and, in shared buildings or structures, from the center line of each interior wall dividing separately leased or separately owned space. For the sole purpose of calculating required parking spaces, GLA shall include only the area used for, or in support of, the principal use.
[Amended 11-4-2003; 11-4-2008]
GROUND COVER
Small plants, fallen leaves, needles and twigs, and the partially decayed organic matter of the forest floor.
[Added 11-4-2008]
GUEST ROOM
A room in a hotel, motel, tourist home or bed-and-breakfast offered to the public for compensation in which room no provision is made for cooking and which room is only for transient occupancy.
GUIDE TO LIVABLE DESIGN, THE
A document published by the Maine State Planning Office and GrowSmart Maine, dated June 2004, or as most recently amended.
[Added 6-13-2006[15]]
HANDICAPPED ACCESS
A ramp or other method of access that is accessible to the handicapped (a maximum pitch of 8.33% is often specified for a ramp).
[Added 11-2-1999]
HEALTH INSTITUTION
A hospital, clinic, nursing home, boarding care facility, retirement community or any other place for the treatment or diagnosis of human ailments, excluding professional offices.
[Amended 5-3-1999]
HEIGHT (ALL UPLAND DISTRICTS EXCEPT DOWNTOWN VILLAGE DISTRICTS)
The vertical distance between the mean original grade and the highest point of any structure except a building and, for buildings, the top of the highest roof beams of a flat roof, or the mean level of the highest gable or slope of a hip roof, excluding chimneys, church steeples, water tanks or towers, ornamental cupolas, towers or turrets, antennas, transmission towers, mechanical rooms, and windmills.
[Amended 11-5-1991; 5-4-1992; 5-2-1994; 11-2-1999; 11-4-2003; 6-8-2010]
HEIGHT (DOWNTOWN VILLAGE DISTRICTS)
The vertical distance between the mean original grade and the highest point of any structure, excluding chimneys, church steeples, silos, water tanks or towers, ornamental cupolas, towers or turrets, antennas, transmission towers, mechanical rooms, and windmills.
[Added 11-4-2003; amended 11-4-2008; 6-8-2010]
HEIGHT (SHORELAND ZONING DISTRICTS)
The vertical distance between the mean original grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, church steeples, silos, water tanks or towers, ornamental cupolas, towers or turrets, antennas, transmission towers, mechanical rooms, and windmills.
[Added 5-2-1994]
HID LIGHTING
High-intensity discharge lighting, a family of bulb type including mercury vapor, metal halide, and high-pressure or low-pressure sodium, which glow when an electric current is passed through a gas mixture inside the bulb.
[Added 11-4-2008]
HIGH-INTENSITY SOIL SURVEY
A map prepared by a Maine certified soil scientist identifying the soil types down to 1/10 acre or less at a scale equivalent to the subdivision plan submitted. The soils shall be identified in accordance with the National Cooperative Soil Survey. The map shall show the location of all test pits or auger samples used to identify the soils and shall be accompanied by a log of each sample point identifying the depth to seasonal high water table or bedrock at that point. Single soil test pits and their evaluation for suitability for subsurface wastewater disposal systems shall not be considered to constitute high-intensity soil surveys.
HISTORIC BUILDING OR STRUCTURE
A building or structure meeting the criteria set forth in § 125-112D(1) and listed on the list of historic buildings and structures.
[Added 11-2-1999]
HISTORIC DISTRICT
An area of the Town of Bar Harbor which contains improvements which have a special character or special historical or aesthetic interest or value and represent one or more periods or styles of architecture typical of one or more eras in the history of Bar Harbor and cause such area, by reason of such factors, to constitute a distinct section of the Town.
HISTORIC MERIT
Those buildings classified as historic that retain original features and possess historic and architectural merit of a degree warranting their preservation.
[Added 11-2-1999]
HISTORIC OR ARCHAEOLOGICAL RESOURCES
Areas identified by a governmental agency such as the Maine Historic Preservation Commission as having significant value as historic or archaeological resources and any areas identified by the municipality's Comprehensive Plan.
[Added 5-3-1999]
HOLIDAY LIGHTING
Festoon-type lights, limited to small, individual, low-wattage bulbs on a string.
[Added 11-4-2008]
HOME OCCUPATION
A business, trade, arts, occupation or profession conducted for gain and support which is customarily carried on entirely within a residential dwelling unit or structure accessory to the dwelling unit which is clearly accessory and incidental to and compatible with the surrounding residential uses.
[Amended 6-8-2010]
HOSPITAL
A health institution providing health services, primarily for inpatients, and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices.
HOTEL
A facility offering transient lodging accommodations for transients and which may include additional accessory facilities and services available to the general public, as well as a conference center.
[Amended 6-8-2010]
IES DEFINITION
The Illumination Engineering Society North America Lighting Handbook. The most recent edition shall be used for the definition of terms used in this chapter but not defined herein. In the case of conflict with the terms of this chapter, the most-restrictive definition will apply.
[Added 11-4-2008]
INCREASE IN NONCONFORMITY OF A STRUCTURE
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 infill irregularly shaped structures.
[Added 11-4-2008]
INDUSTRY
Use of a premises for assembling, fabricating, finishing, manufacturing, packaging, or processing, including but not limited to assembly plants, laboratories, power plants, pumping stations and repair shops.
INSTITUTIONAL
A use, building or structure devoted to some public, governmental, educational, charitable, religious, medical or similar purpose.[16]
[Amended 6-8-2010]
KENNEL
A place where five or more dogs or wolf hybrids are kept in a single location under one ownership for breeding, hunting, show, training, field trials, sledding, competition or exhibition purposes. The sale or exchange of one litter of puppies within a twelve-month period alone does not constitute the operation of a kennel.
[Added 6-14-2011]
KENNEL, BOARDING
Any place, building, tract of land, or abode in or on which three or more privately owned companion animals are kept at any one time for their owners in return for a fee or compensation and includes a facility where three or more companion animals are kept for training purposes for compensation.
[Added 6-14-2011]
LAKES and PONDS
Natural or artificial bodies of water which retain water year-round. Artificial ponds may be created by dams or may result from excavation.[17]
[Amended 6-8-2010]
LIGHT (DIRECT)
The light emitted directly from the lamp, off the reflector or diffuser of a luminaire.
[Added 11-4-2008]
LIGHT (INDIRECT)
Direct light that has been reflected or scattered.
[Added 11-4-2008]
LIGHT MANUFACTURING
The fabrication or processing of materials into the finished product, the weight of which shall not exceed 300 pounds. Fabrication relates to stamping, cutting or otherwise shaping the processed materials into useful objects or products. Light manufacturing does not include the refining or other initial processing of basic raw materials such as metal ores, lumber or rubber.
LIGHT SOURCE
The lamp or enclosing bulb or reflective enclosure.
[Added 11-4-2008]
LIGHT TRESPASS
The light projected onto a property from a fixture not located on that property.
[Added 11-4-2008]
LOADING SPACE
An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.
LODGING
See "transient accommodations."
LOGO
A single or multicolored symbolic design unique to a business or product, service facility, or point of interest and used to identify its product or services.
[Added 11-2-1999]
LOT
A contiguous area of land undivided by any street or private road, in one ownership or leasehold, with ascertainable boundaries established by deed or some other instrument of record. An area of land undivided by any street or private road and which is owned in common by members of a condominium shall be considered one lot notwithstanding the fact that each member may be entitled under the declaration to an exclusive area of occupation. A dwelling unit within a condominium development shall not be deemed a lot unless individual members of the condominium shall individually own in fee an area of the land that meets the minimum lot size requirements of this chapter.
[Amended 5-6-1996; 6-9-2009]
LOT AREA
The area contained within the boundary lines of a lot minus:
[Amended 11-5-1991; 11-7-2006; 11-4-2008]
A. 
Land below the normal high water line of a water body or upland edge of a wetland;
B. 
Sustained slopes greater than 20%.
C. 
Land held in a conservation easement that limits the use of the land to activities that are no more intense than passive recreation; and
D. 
Areas beneath roads serving more than two lots.
LOT, CORNER
A lot abutting two or more streets at their intersection.
LOT COVERAGE
Except as otherwise provided in § 125-67B(8), the footprint area of all structures and improvements calculated as a percentage of the area of the lot shall be considered to be lot coverage, including but not limited to principal and accessory buildings; all improved vehicular and pedestrian surfaces, such as parking lots, roads, driveways, maneuvering spaces, and pedestrian walkways, regardless of the construction material employed; graveled areas and other nonvegetated surfaces. Unimproved natural surfaces of a site shall not constitute lot coverage, regardless of whether they are vegetated. Boats stored in cradles above an unimproved natural surface shall not constitute lot coverage. However, in the case of lumber yards, areas of stored lumber shall constitute lot coverage.
[Amended 5-6-1996; 11-4-2003; 11-7-2006; 6-8-2010; 6-12-2018]
LOT DEPTH
The mean horizontal distance between the front and rear lot lines, measured within the lot boundaries.
LOT FRONTAGE
See "frontage, road." When a lot has more than one street lot line, lot width shall be measured, and the minimum lot width required by this chapter shall be provided, at each such line.
LOT LINE
A line bounding a lot which divides one lot from another or from a street or any other public or private space, as defined below:
[Amended 11-2-2004]
A. 
LOT LINE, FRONTIn the case of a lot abutting only one street, the street line separating such lot from such street; in the case of a double frontage lot, each street line separating such lot from a street shall be considered to be the front lot line. In the case of a lot with no road frontage, the front lot line shall be considered to be the line parallel to the front of the building.
B. 
LOT LINE, REARThat lot line which is parallel to and most distant from the front lot line of a lot. In the case of an irregular, triangular, or gore-shaped lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum distance from the front lot line shall be considered to be the rear lot line. In the case of corner lots there shall be no rear lot lines.
C. 
LOT LINE, SIDEAny lot line other than a front or rear lot line.
LOT, NONCONFORMING
A single lot of record which, at the effective date of adoption or amendment of this chapter, does not comply with the minimum lot size, minimum area per family, minimum road frontage, shore frontage, minimum lot width or maximum lot coverage requirements of the district in which it is located.
[Amended 5-2-1994; 6-13-2006[18]; 11-7-2006; 11-3-2009]
LOT OF RECORD
Any validly recorded lot which at the time of its recordation complied with all applicable laws, ordinances, and regulations.
LOT STANDARDS
Numerical standards relating to spatial relationships, including but not limited to setback, lot area, shore frontage, height, coverage, road frontage and density.
LOT WIDTH
The closest distance between the side lot lines of a lot or the width of an imaginary square that will fit entirely within the 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 11-5-1991; 5-6-1996; 11-3-2009]
LOW-IMPACT DEVELOPMENT
This is a reference to the document entitled "LID Guidance Manual for Maine Communities - Approaches for Implementation of Low Impact Development Practices at the Local Level," dated September 21, 2007, prepared for the Maine Coastal Program State Planning Office, Augusta, Maine, as may be amended or updated by the source.
[Added 11-4-2008]
LUMEN
A unit used to measure the actual amount of light that is produced by a light source. The lumen quantifies the amount of light energy produced by a lamp at the lamp, not by the energy input, which is indicated by the wattage. For example, a one-hundred-watt incandescent light produces 1,800 lumens, but a seventy-watt high-pressure sodium lamp produces 6,000 lumens. (Lumen output is listed by the manufacturer on the packaging.)
[Added 11-4-2008]
LUMINAIRE
The complete lighting fixture, including the lamp, the housing, and optics.
[Added 11-4-2008]
MANUFACTURED HOUSING
A structural unit designed for human occupancy, constructed in a manufacturing facility and then transported by the use of its own chassis, or placed on an independent chassis, to a building site, as defined more specifically in 30-A M.R.S.A. § 4358(1)(A).
MARINA
A business establishment having frontage on navigable water within the Town and providing for hire offshore mooring or docking facilities for boats and accessory services and facilities, such as boat sales, rental and storage, marine supplies and equipment, marine engine and hull repairs, construction and outfitting of pleasure craft, fuel and oil, electricity, fresh water, ice, shower and laundry facilities and on-premises restaurant.
MARKET VALUE
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.
MECHANICAL SPACE
An enclosed space, not designed for human habitation, for the housing of mechanical services, including but not limited to heating, ventilation, air-conditioning, refrigeration or elevator equipment. Attic space below a pitched roof shall not be considered mechanical space.
[Added 5-2-1994; amended 11-4-2003]
MEDICAL CLINIC
An office building used by members of the medical professions for the diagnosis and outpatient treatment of human ailments; doctors' offices are included in this definition.
[Amended 6-8-2010]
MINERAL EXPLORATION
Hand sampling, test boring, or other methods of determining the nature or extent of mineral resources which create minimal disturbance to the land and which include reasonable measures to restore the land to its original condition.
MOBILE HOME PARK
A parcel of land under unified ownership approved by the Town of Bar Harbor for the placement of three or more manufactured homes.
MODERATE INCOME
Family income which is between 80% and 150% of median family income for Hancock County.
[Added 5-2-2005]
MOTEL
A facility providing sleeping accommodations for transients with additional accessory facilities and services available to transients at the motel only.
[Amended 6-8-2010]
MOTOR VEHICLE
Every vehicle which is self-propelled and designed for carrying persons or property or which is used for the transportation of persons.
MOTOR VEHICLE, UNSERVICEABLE
Any motor vehicle which is wrecked or dismantled, cannot be operated legally on any public highway, or which is not being used for the purpose for which it was manufactured.
MULTI-TENANT SIGNAGE PLAN
A plan approved by the property owner which outlines design guidelines for multi-tenant signage. Such a plan may include, but is not limited to the following elements: size limitations and locations of signage. The multi-tenant signage plan shall be submitted to the Design Review Board, and upon approval by the Board the building owner shall be issued a certificate of appropriateness certifying the approval of the plan.
[Added 11-8-2011; amended 6-11-2024 ATM by Art. 5]
MUNICIPAL USE
Buildings or land which is owned by the Town of Bar Harbor and operated under its supervision.
[Amended 6-8-2010]
MUSEUM
A nonprofit institution operated principally for the purpose of preserving and exhibiting objects of historical, cultural, scientific or artistic interest and which may also engage in retail sales of items related to its principal purpose. Restaurants as an accessory use are permitted only in the Downtown and Salisbury Cove Corridor Districts.
[Amended 6-8-2010]
NATIVE
Indigenous to the local forests.
[Added 11-4-2008]
NATURAL AREAS AND NATURAL COMMUNITIES, UNIQUE
Areas identified by a governmental agency such as the Maine Department of Conservation Natural Areas Program as having significant value as natural areas and any areas identified in the municipality's Comprehensive Plan.
[Added 5-3-1999]
NET LEASABLE AREA
The total floor area leased, rented or owned to house a particular use, including but not limited to customer seating, waiting and reception areas, lounge and bar areas, kitchens, and offices, but not including rest rooms, exit aisles, closets, and basements, attics and rooms devoted exclusively to storage.
[Added 3-24-1998]
NONCONFORMING LOT
See "lot, nonconforming."
NONCONFORMING STRUCTURE
See "structure, nonconforming."
NONCONFORMING USE
See "use, nonconforming."
NORMAL HIGH WATER LINE (NONTIDAL WATERS)
That line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation and which distinguishes between predominantly aquatic and predominantly terrestrial land. Areas contiguous with rivers and great ponds that support nonforested wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the river or great pond during the period of normal high water are considered part of the river or great pond.
[Added 11-5-1991; amended 11-4-2008]
NORMAL MAINTENANCE AND REPAIR
Any work necessary to maintain an improvement or structure in its original or previously improved state or condition. Normal maintenance and repair shall not include reconstruction, change in design, change in structure, change in uses, change in location, or change in size or capacity.
NURSERY, COMMERCIAL
An enterprise which conducts the retail and wholesale sale of plants grown on the site, as well as accessory items (but not power equipment such as gas or electric lawn mowers and farm implements) directly related to their care and maintenance. The accessory items normally sold are clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes and shovels.
NURSING HOME
A facility for the care of the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for surgical care or institutions for the care and treatment of mental illness, alcoholism, or narcotics addiction.
OPEN SPACE
The portion of a lot or site which is maintained in its natural state to preserve scenic resources, farm and forest land, wetlands, groundwater recharge areas, wildlife habitat, public access to water bodies, and other important or environmentally sensitive areas or to be used for outdoor recreation purposes.
OUTDOOR LIGHTING
The nighttime illumination of an outside area or object by a device that produces light by any means.
[Added 11-4-2008]
OWNER
The person or persons having the right of legal title to, beneficial interest in, or a contractual right to purchase a lot or parcel of land.
PARCEL
The area within the boundary lines of a development.
PARKING AREA (SHORELAND DISTRICT)
An open area used for parking one or more vehicles, excluding an area associated with a driveway used for parking two vehicles or fewer.
[Added 6-8-2010]
PARKING DECK
As a principal use, or an accessory use in the Shoreland Maritime Activities District, a structure of no more than two levels for parking vehicles on a deck supported above grade. Parking decks shall utilize site grade differential to access parking. Parking decks may be public or private. A parking deck used solely in conjunction with a multifamily dwelling or hotel shall not be construed to be a parking deck but rather a permitted accessory structure and use, even though not on the same premises as the multifamily dwelling or hotel.
[Added 6-13-2017]
PARKING DEMAND
The amount of parking spaces needed by the users of a particular structure or tract of land.
PARKING GARAGE
As a principal use, a multistory structure used for parking vehicles, either public or private, either self-service or valet, for such parking or storage. A garage used solely in conjunction with a multifamily dwelling or hotel shall not be construed to be a parking garage but rather a permitted accessory structure and use, even though not on the same premises as the multifamily dwelling or hotel.
[Added 6-13-2017]
PARKING LOT
An open area other than a street used for the parking of more than four automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.
PARKING SPACE
A surfaced area, enclosed or unenclosed, meeting the size requirements of § 125-67E, together with a driveway connecting the parking space with a street, road or alley and permitting ingress and egress of that automobile without the necessity of moving any other automobile.
PASSENGER TERMINAL
A transportation facility where passengers embark on or disembark from carriers such as ferries and buses that provide transportation to passengers for hire by land or sea. Passenger terminals typically include some or all of the following: ticket counters, waiting areas, management offices, baggage handling facilities, restroom facilities, visitor center, cruise ship operations. A passenger terminal use on the waterfront may include moorage for cruise ships and/or vessels engaged in transporting passengers for hire. Activities commonly found aboard such vessels, whether moored, docked or under way, that are incidental to the transport of passengers shall be considered part of the passenger terminal use and shall not be treated as separate uses.
[Added 6-13-2017]
PATIO
A level area adjacent to a dwelling unit constructed of stone, cement or other material, located at ground level, with no railing or other structure above the level of the ground. In all shoreland districts a patio shall be considered a structure.
[Amended 6-8-2010]
PERFORMANCE GUARANTEE
A financial guarantee to ensure that all improvements, facilities or work required by this chapter, regulations and the approved plans and specifications of a development.
PERFORMANCE STANDARD
A criterion established to control the use of land and structures. The purpose of performance standards is to provide detailed regulations and restrictions by means of minimum criteria which must be met by uses in order to protect neighbors from adverse impacts of adjoining land uses and to protect the general health, safety and welfare of citizens of Bar Harbor.
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.
[Added 11-5-1991]
PERSONAL PROPERTY
Property which is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence and is not attached to or affixed to the ground or a structure. It does not include merchandise which was purchased for resale or obtained on consignment.
PERSONAL SERVICES
A business which provides services but not goods, such as hairdressers, shoe repair, and the like.
PHOTO SIMULATION
A computer representation of the appearance of a building or scene showing how it currently looks or how it will look after specified activities (i.e., the construction of a building, renovations, landscaping, etc.) have occurred.
[Added 11-2-1999]
PHOTOVOLTAIC (PV)
A semiconductor-based device that converts light directly into electricity.
[Added 11-2-2021]
PIER
See "structure, water-related."
PLACE OF WORSHIP
[Added 5-2-2005]
A. 
A church, synagogue, temple, mosque, or other facility that is used for prayer by persons of similar beliefs;
B. 
A special purpose building that is architecturally designed and particularly adapted for the primary use of conducting formal religious services on a regular basis.
PLASTIC
Any group of synthetic or natural organic materials that may be shaped when soft and then hardened.
[Added 11-2-1999]
POND
See "water bodies."[19]
PORTICO
A porch-like structure consisting of a roof supported by columns.
[Added 11-2-1999]
PREMISES
One or more parcels of land which are in the same ownership and are contiguous, and including all buildings and other structures thereon.
[Added 11-2-1999]
PRIMARY RESIDENCE
The location where the owner resides most of the year. The property owner uses this address as their legal address for tax returns, driver's license, and/or voter registration card.
[Added 11-2-2021]
PRIVATE STREET
See "street."
PROFESSIONAL OFFICE BUILDING
A building in which there is located the office of a professional, such as an architect, accountant, dentist, lawyer, and the like, or in which a business conducts its administrative, financial or clerical operations, but not including any manufacturing or sale of goods or merchandise.
[Amended 6-8-2010]
PROPERTY, HOMESTEAD EXEMPTION
A property whereby the property owner qualifies for the homestead exemption under 36 M.R.S.A. §§ 681 through 689, respectively.
[Added 6-13-2006]
PROPERTY, NONHOMESTEAD EXEMPTION
A property whereby the property owner does not qualify for the homestead exemption under 36 M.R.S.A. §§ 681 through 689, respectively.
[Added 6-13-2006]
PUBLIC FACILITY
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.
[Added 11-4-2008]
PUBLIC IMPROVEMENT
Any improvement, facility or service, together with customary improvements, necessary to provide for public needs, such as vehicular and pedestrian circulation systems, storm sewers, flood-control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, and public utility and energy services.
PUBLIC UTILITY
Any person, firm, corporation, municipal department, board or commission authorized by the Maine Public Utilities Commission to furnish gas, steam, electricity, communication facilities, or transportation of water to the public.
PUBLIC UTILITY FACILITY
Structures such as electric substations or similar facilities of a scale and character commonly found only in a few specialized locations in the Town, necessary to the delivery of electricity or other services regulated by the Maine Public Utilities Commission, but excluding wind turbines and wireless communication towers.
[Added 6-9-2015]
PUBLIC UTILITY INSTALLATION
The act of connecting to utilities services such as electricity, water, sewer, telephone and cable television, as accessory to a permitted use or structure.
[Added 6-9-2015]
RECENT FLOODPLAIN SOILS
The following soil series as described and identified by the National Cooperative Soil Survey:
[Added 11-5-1991]
Alluvial
Cornish
Charles
Fryeburg
Hadley
Limerick
Lovewell
Medomak
Ondawa
Podunk
Rumney
Saco
Suncook
Sunday
Winooski
RECONSTRUCTION
The restoration, remodeling or rebuilding of a nonconforming structure, whether necessitated by deterioration, obsolescence, casualty or other occurrence, where the costs of such work equal or exceed the value of the property in its existing condition.
RECREATION, ACTIVE
Recreation activities which necessitate some degree of structural or mechanical components for participation in the activity.
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.
[Added 11-3-2009]
RECREATION, PASSIVE
Outdoor recreational activities which involve no structures or motorized equipment, such as skiing, horseback riding, cycling, hiking, walking, picnicking and the like.
RECREATION VEHICLE
A vehicle or vehicular attachment designed for temporary sleeping or living quarters for one or more persons which is not a dwelling and which may include a pickup camper, travel trailer, tent trailer, 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 any state's division of motor vehicles.
[Amended 11-5-1991]
REGISTRATION
A written permission issued by the Code Enforcement Officer or designee to a property owner to operate a short-term rental in compliance with Chapter 174, Short-Term Rental Registration.
[Added 11-2-2021]
RENOVATION
A modification to the architectural style, general design and general arrangement of the exterior of a building or structure, including the kind and texture of the building materials and the type and style of all windows, doors, light fixtures, other appurtenant fixtures and other features, such as landscaping, i.e., walks, fences, trees, driveways and parking areas. In addition, all activities that affect the exterior and which require a building permit are also included in this definition.
[Added 11-2-1999]
REPLACEMENT SYSTEM
A system intended to replace:
[Added 11-4-2008]
A. 
An existing system which is either malfunctioning or being upgraded with no significant change of design flow or use of the structure; or
B. 
Any existing overboard wastewater discharge.
RESEARCH FACILITY
A building or part of a building devoted to scientific inquiry and ancillary functions. No manufacturing is conducted on the premises except as related to the scientific research being conducted; said activities shall be solely for eleemosynary purposes.
RESEARCH PRODUCTION FACILITY
A building or part of a building devoted to the propagation, maintenance and distribution of animals, or other biological materials, for use in scientific inquiry; said activities shall be solely for eleemosynary purposes.[20]
RESTAURANT
[Amended 5-2-1994; 11-6-2001]
A. 
An establishment whose principal business is the sale of food or beverages to consumers in a ready-to-consume state and whose principal method of operation includes one or both of the following characteristics:
(1) 
Customers normally are served their food and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed; or
(2) 
A cafeteria-type operation where food and beverages generally are consumed on the restaurant premises.
B. 
Drive-up windows for the procurement of food are not an approved use in the Town of Bar Harbor.
RESTAURANT, TAKEOUT
[Added 5-2-1994; amended 11-6-2001]
A. 
An establishment whose principal business is the sale of food or beverages to consumers in a ready-to-consume state, which is not licensed to serve alcoholic beverages to be consumed on the premises, with all of the following characteristics:
(1) 
Six or fewer counter seats or stand-up counter spaces for patrons;
(2) 
A cafeteria-type operation where food and beverages generally are consumed off of the premises; and
(3) 
No tables are available for the use of customers.
B. 
Drive-up windows for the procurement of food are not an approved use in the Town of Bar Harbor.
RETAIL ESTABLISHMENT
Any business, housed in a permanent structure, engaged primarily in the sale of goods and services to the ultimate consumer for direct consumption or use but not for resale.
RETIREMENT COMMUNITY
A combined facility providing independent living and one or more of congregate housing, assisted living, or care of the aged, infirm or those suffering physical disorders or other conditions requiring special care or residential arrangements, but not including the care and treatment, principally, of alcoholism, narcotics addiction, or mental illness other than senile dementia, Alzheimer's, and similar mental illness, and which facility may include and provide shared community space, shared dining facilities, personal care and assistance, recreational activities, specialized shared services such as medical services, nursing services and physical and other types of therapy, or similar types of service.
[Added 5-3-1999]
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
See "water bodies."
ROAD
See "street."
ROADSIDE STAND
A roadside stand selling at retail on the premises only farm produce, campfire wood, or garden, greenhouse or nursery products and, between Labor Day and Christmas, cut Christmas trees, garlands, wreaths and wreath materials primarily produced on the property.
SALT MARSH
Areas of coastal wetland (most often along coastal bays) that support salt-tolerant species and where, at average high tide during the growing season, the soil is irregularly inundated by tidal waters. The predominant species is salt marsh cordgrass (Spartina alterniflora). More open areas often support widgeon grass, eelgrass, and Sago pondweed.
[Added 11-5-1991; amended 11-4-2008]
SALT MEADOW
Areas of a coastal wetland that support 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 salt meadow cordgrass (Spartina patens) and black rush; common threesquare occurs in fresher areas.
[Added 11-5-1991; amended 11-4-2008]
SCHOOL, MUNICIPAL
A facility owned by the Town of Bar Harbor within which educational classes for any grades, kindergarten through 12, are conducted pursuant to a program approved by the State Board of Education or similar governmental agency.
SCHOOL, PRIVATE
A privately owned facility within which instruction is provided for a fee.
[Amended 5-4-1998]
SCHOOL, PRIVATE COMPULSORY
A privately owned facility within which educational classes for any grades, kindergarten through eighth grade, shall be conducted pursuant to a program approved for attendance purposes under state law pursuant to 20-A M.R.S.A. § 2901, or any corresponding provision of any future law, and recognized by the Maine Department of Education (or similar government agency) as providing an equivalent instruction alternative to public school instruction and within which early childhood development classes may also be conducted.
[Added 5-3-1999]
SCREENING
A hedge or buffer strip at least five feet wide consisting of densely planted shrubs or trees at least four feet in height at time of planting and eventually reaching a mature height of at least six feet in height, but not exceeding eight feet, which provides an effective visual barrier.
SEASONAL CLOSURE
The closing of a business for a period of more than 90 consecutive days with the intent to reopen.
[Added 11-2-1999]
SEPTAGE
Waste, refuse, effluent, sludge and any other materials from septic tanks, cesspools or any other similar facilities.
[Added 11-5-1991]
SEPTIC SYSTEM
See "subsurface sewage disposal system."
[Added 11-5-1991]
SERVICE DROP
Any utility line extension which does not cross or run beneath any portion of a water body, provided that:
[Added 11-5-1991]
A. 
In the case of electrical service:
(1) 
The placement of wires and/or the installation of utility poles is located entirely on the premises of the customer requesting service or upon a roadway right-of-way; and
(2) 
The total length of the extension is less than 1,000 feet.
B. 
In the case of telephone service:
(1) 
The extension, regardless of length, will be made by the installation of telephone wires to existing utility poles; or
(2) 
The extension requiring the installation of new utility poles or replacement underground is less than 1,000 feet in length.
SERVICES
Establishments primarily engaged in providing assistance, as opposed to products, to individuals, business, industry, government and other enterprises.
[Added 6-8-2010]
SETBACK
The horizontal distance from a lot line or 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, activity or area.
[Amended 11-5-1991; 11-4-2008]
SETBACK, FRONT
Setback between the front lot line and the nearest part of a structure, road, parking space or other regulated object, activity or area.
[Amended 11-5-1991]
SETBACK, REAR
Setback between the rear lot line and the nearest part of a structure, road, parking space or other regulated object, activity or area.
[Amended 11-5-1991]
SETBACK, SIDE
Setback between a side lot line and the nearest part of a structure, road, parking space or other regulated object, activity or area.
[Amended 11-5-1991]
SHARED ACCOMMODATIONS
Any group of three or more rooms, other than lodging or vacation rental, where for direct or indirect compensation the occupants live in furnished rooms with shared kitchens for more than 30 days. The occupants do not constitute a family or a single housekeeping unit. The makeup of the occupants is determined by the landlord, property manager, or other third party and not by the occupants themselves. A shared accommodation serving a hospital shall not be subject to the thirty-day minimum requirement. There are three different types of shared accommodations:
[Added 7-14-2020]
A. 
SA-1: three to eight people per structure.
B. 
SA-2: nine to 32 people per structure.
C. 
SA-3: 33 or more people per structure.
SHIP CHANDLERY
A retail store located within a marina selling supplies and equipment for boats.
SHORELAND DISTRICT OR ZONE
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 coastal wetland, including all areas affected by tidal action; within 250 feet of the upland edge of a freshwater wetland; or within 75 feet, horizontal distance, of the normal high water line of a stream.
[Amended 11-5-1991; 11-4-2008]
SHORELINE
The normal high water line, or upland edge of a freshwater or coastal wetland.
[Added 11-4-2008]
SHORT-TERM RENTAL
Includes vacation rental, vacation rental-1 (VR-1) and vacation rental-2 (VR-2).
[Added 11-2-2021]
SIGN
An object, device or display, or part thereof, whether freestanding, portable, affixed to a building or otherwise, situated outdoors or indoors, which is directed at persons outside or off the premises, used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. This definition shall not, however, be construed to include merchandise or decorative displays.
[Amended 11-5-1991]
SIGN AREA
The exposed surface of the sign, including all ornamentation, embellishment, background, and symbols, but excluding the structure which does not form a part of the message of the sign measured in square feet. Regardless of the shape of the sign, the area of a sign shall be the smallest rectangle which encloses the whole message. The total sign area for a premise means the sum of the areas of all signs visible from public streets, sidewalks, parks, etc. This includes small signs attached to the principal sign for a premises. Examples of the latter are exemplified by small signs indicating "fireplaces," "swimming pool," or "Master Card, Diners Club or American Express accepted." For a sign with a double signboard or display area, where the sign faces are parallel and the faces duplicate one another, only one side shall be counted in calculating allowable area.
[Amended 11-5-1991; 6-9-2009]
SIGN, FREESTANDING
A sign that is not fixed or otherwise attached to a principal or accessory structure.
[Amended 6-9-2009]
SIGNIFICANT RIVER SEGMENTS
See 38 M.R.S.A. § 437.
[Added 11-5-1991]
SIGNIFICANT VERNAL POOL
A naturally occurring temporary to permanent inland body of water that forms in a shallow depression and typically fills during the spring or fall and may dry during the summer. The vernal pool contains no viable populations of predatory fish, and it provides the primary breeding habitat for wood frogs, spotted salamanders, blue-spotted salamanders or fairy shrimp. The presence of any one or more of these species is usually conclusive evidence of a vernal pool. Only significant vernal pools that have been mapped or identified by a Town-authorized agency prior to project approval shall be considered as being within this definition. A significant vernal pool further means that there are multiple species present, or that the vernal pool is part of a corridor of other vernal pools, or that the pool is adjacent to a wetland.
[Added 6-13-2006[21]]
SIGN, INTERNALLY ILLUMINATED
A sign with a light source incorporated into the body of the sign and where light emanates through, or from, the message of the sign; there are five types, as follows:
[Added 6-14-2016; amended 11-2-2021]
A. 
TYPE 1; CABINET WITH TRANSLUCENT FACEAn internally illuminated sign with a cabinet-style fixture with full or nearly full translucent face(s) and/or sides, through which light from an internal source passes.
B. 
TYPE 2; CABINET WITH LIGHT-LIMITING FACEAn internally illuminated sign with an opaque surround cabinet-style fixture with light-limiting translucent face(s), flush translucent sign graphics within an opaque background field, through which light from an internal source passes. This type of sign has two acceptable categories:
(1) 
Type 2-A: 20% (or less) translucent face/80% (or greater) opaque background field.
(2) 
Type 2-B: 30% (or less) translucent face/70% (or greater) opaque background field.
C. 
TYPE 3; CHANNEL LETTERAn internally illuminated sign comprised of three-dimensional sign graphic letters and logos, each with its own internal light source, in which the dimensional faces are internally illuminated and affixed to the sign or structure upon which the channel letters are mounted.
D. 
TYPE 4; HALOAn internally illuminated sign comprised of dimensional sign graphics, which cast a halo-like glow along the sides of the graphics, or cast light backward onto the face of the sign or structure upon which the graphics are mounted.
E. 
TYPE 5; PUSH-THROUGH LETTERINGAn internally illuminated sign with an opaque surround cabinet-style fixture with light-limiting translucent face(s), protruding translucent sign graphics within an opaque background field, through which light from an internal source passes. The protruding (push-through) section is limited to 1/2 inch in depth. This type of sign has two acceptable categories:
(1) 
Type 5-A: 20% (or less) translucent face/80% (or greater) opaque background field.
(2) 
Type 5-B: 30% (or less) translucent face/70% (or greater) opaque background field.
SIGN, NEON
A sign featuring exposed visible tubing illuminated by neon or other fluorescing gas. The term "neon" shall also include light-emitting diode (LED) or similarly lit signs intended to simulate the appearance of neon signage.
[Added 11-2-2021]
SIGN, OFFICIAL BUSINESS DIRECTIONAL
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.
[Amended 11-5-1991]
SIGN, OFF-PREMISES
Any sign designed, intended or used for advertising a product, property, business, entertainment, service, amusement or the like and not located where the matter advertised is available or occurs.
SIGN, PORTABLE
A sign not designed or intended to be permanently affixed into the ground or to a structure.
SIGN, PROJECTING
Any sign projecting more than six inches from a wall surface of a building.
[Added 6-9-2009]
SIGN, ROOF
Any sign painted on, integral to, or attached to the roof of a building.
[Amended 6-9-2009]
SIGN, TEMPORARY
A sign of a temporary nature, to be displayed less than 30 days, exemplified by the following: political posters, charitable signs, construction signs, carnival signs, garage sale signs, lawn sale signs, rummage sale signs, all signs advertising sales or promotions, and "for rent" signs.
[Amended 11-5-1991]
SIGN, WALL
Any sign painted on, or attached parallel to and projecting not more than six inches from, the wall surface of a building.
[Amended 11-5-1991]
SIGN, WINDOW/DOOR
Any sign visible from the exterior of a building or structure which is painted, attached, glued or otherwise affixed to or placed within six inches of a window or door.[22]
[Amended 11-5-1991; 6-9-2009]
SMALL WIND ENERGY SYSTEM
A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kW.
[Added 11-3-2009]
SOLAR PHOTOVOLTAIC SYSTEM, ACCESSORY USE
A solar collection system accessory to a permitted use or structure, consisting of one or more roof-mounted and/or ground-mounted solar photovoltaic cells, panels or arrays, and solar-related equipment that rely upon solar radiation as an energy source for collection, inversion, storage and/or distribution of solar energy for electricity generation. The ground-mounted solar collection system shall not exceed a total surface area (all panels/arrays) of 20,000 square feet in size.
[Added 11-2-2021]
SOLAR PHOTOVOLTAIC SYSTEM, PRINCIPAL USE (SPVS-PU)
A solar collection system consisting of one or more ground-mounted solar photovoltaic cells, panels or arrays, and solar-related equipment that rely upon solar radiation as an energy source for collection, inversion, storage and/or distribution of solar energy for electricity generation.
[Added 11-2-2021]
STABLE, COMMERCIAL
A building or land where horses are kept for remuneration, hire, sale, boarding, riding or showing.
STABLE, NONCOMMERCIAL
An accessory building to a residence designed or used for the accommodation of horses owned and used exclusively by occupants of the residence to which it is accessory.
STREAM
See "water bodies."
STREET
Public and private ways such as avenues, boulevards, highways, roads and other rights-of-way consisting of a bed of exposed mineral soil, gravel, asphalt or other surfacing material and constructed for or created by the repeated passage of motorized vehicles, as well as areas on subdivision plans designated as rights-of-way or streets, except such ways as have been discontinued or abandoned. If a vehicular accessway meets the definition of a driveway, it shall not be considered a street unless agreed to by the developer or unless said accessway is required to meet road frontage requirements, in which case street standards shall apply.
[Amended 5-6-1996]
STREET, ARTERIAL
A major thoroughfare which serves as a major trafficway for travel between and through the municipality.
STREET, COLLECTOR
A street servicing at least 25 lots or dwelling units, or streets which serve as feeders to arterial streets and collectors of traffic from minor streets.
[Amended 5-6-1996]
STREET, INDUSTRIAL OR COMMERCIAL
Streets servicing exclusively industrial or commercial uses.
[Amended 5-6-1996]
STREET, MINOR
A street servicing fewer than 25 lots or dwelling units.
[Amended 5-6-1996]
STREET, PRIVATE RIGHT-OF-WAY
A street servicing fewer than 15 lots or dwelling units which is not intended to be dedicated as a public way and which will be maintained by a developer, property owner or group of property owners or a street which is not intended to be dedicated as a pubic way but which is constructed in accordance with the standards for a minor or collector street, depending on the number of lots or dwelling units served.
[Amended 5-6-1996]
STRUCTURAL PROJECT
Projects involving the design, construction, renovation and/or maintenance of the actual structure of a building.
[Added 11-2-1999]
STRUCTURE
Anything constructed or erected, the use of which requires location on, above or below the surface of the land or water.
[Amended 5-3-1999]
STRUCTURE, ACCESSORY
A. 
A structure which is:
(1) 
Subordinate to and serves a principal structure or a principal use;
(2) 
Subordinate in area, extent and purpose to the principal structure or use served;
(3) 
Located on the same lot as the principal structure or use served, except as otherwise expressly authorized by the provisions of this chapter; and
(4) 
Customarily incidental to the principal structure or use.
B. 
Any portion of a principal structure devoted or intended to be devoted to an accessory use is not an accessory structure.
STRUCTURE, NONCONFORMING
A structure which, at the effective date of adoption or amendment of this chapter, does not meet the dimensional, height, or setback requirements of the district in which it is located.
[Amended 11-5-1991; 11-7-2006]
STRUCTURE, PRINCIPAL
A structure other than one which is used for purposes wholly incidental or accessory to the use of another structure or use on the same lot.
[Amended 11-5-1991]
STRUCTURE, TEMPORARY
A structure established for a fixed period of time with the intent to completely remove same from the lot upon the expiration of such time.
STRUCTURE, WATER-RELATED
A structure, including a pier, dock, wharf, float, crib, piling, boathouse, breakwater or causeway, the utility of which depends on its extending over or below the normal high-water line of a water body or within a wetland. See "use, water-dependent."
[Amended 11-5-1991; 6-8-2010]
STRUCTURE, WATER-RELATED, PERMANENT
Structures which extend over or below the normal high-water line of a water body or within wetland for seven months or more in any period of 12 consecutive months.
[Amended 11-5-1991; 6-8-2010]
STRUCTURE, WATER-RELATED, TEMPORARY
Structures which extend over or below the normal high-water line of a water body or within a wetland for less than seven months in any period of 12 consecutive months.
[Amended 11-5-1991; 6-8-2010]
STUDENT HOUSING
(Applicable only in the Educational Institution District) Structures or portions therein where sleeping accommodations are provided to undergraduate students, graduate students, or any individual attending the college in either matriculated or nonmatriculated status, in one room or in a series of closely associated rooms under joint occupancy and single management.
[Added 5-3-2004]
SUBDIVISION
See 30-A M.R.S.A. § 4401(4).
SUBSTANTIAL COMPLETION
Completion of 30% of a permitted structure or use measured as a percentage of the estimated total cost.
[Added 11-5-1991]
SUBSTANTIAL START
The actual start date of construction is considered, but not limited to, construction, repairs, reconstruction, rehabilitation, and additions which occur within six months from the date the permit for such work was issued. Construction activities that do not require a building permit are not considered starting construction. The start of construction includes, but is not limited to, the placement of a structure on a site, setting forms for the pouring of a slab or footings, the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or installation of more than 10 cubic yards of fill. The start of construction also includes, but is not limited to, the removal or installation of interior or exterior doors, windows, walls, 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. The start of construction does not include land preparation, such as clearing, grading or filling of less than 10 cubic yards of fill. All activities, uses or construction allowed by a building permit must be started within six months from the date the permit was issued or the permit is null and void.
[Added 6-8-2010]
SUBSTANTIVE REVIEW
A review of a completed application to determine whether it complies with the review standards set forth in this chapter and with other applicable requirements of law.
SUBSURFACE SEWAGE DISPOSAL SYSTEM
Any system designed to dispose of waste or wastewater on or beneath the surface of the earth; includes but is not limited to septic tanks, disposal fields, grandfathered cesspools, holding tanks, and pretreatment filter, piping, or any other fixture, mechanism, or apparatus used for those purposes; does not include any discharge system licensed under 38 M.R.S.A. § 414, any surface wastewater disposal system, or any municipal or quasi-municipal sewer or wastewater treatment system.
[Added 11-5-1991; amended 11-4-2008; 11-3-2009]
SUBSURFACE SEWAGE DISPOSAL SYSTEM, REPLACEMENT SYSTEM
A system intended to replace:
[Added 11-5-1991]
A. 
An existing system which is either malfunctioning or being upgraded with no significant change of design flow or use of the structure; or
B. 
Any existing overboard wastewater discharge.
SUSTAINED SLOPE
A change in elevation where the referenced percent grade is substantially maintained or exceeded throughout the measured area.
[Added 11-5-1991]
SWIMMING POOL
An outdoor artificial receptacle or other container, whether in or above the ground, used or intended to be used to contain water for swimming or bathing and designed for a water depth of 24 inches or more.
TENT
A temporary collapsible shelter of canvas or similar material stretched and sustained by poles made fast by ropes attached to pegs into the ground and used for camping outdoors or as a temporary building.
[Added 11-2-1999]
THEATER
A fully enclosed building used for display or presentation to the public of films, plays or other kinds of performances.
TIDAL AREA
Any area upon which tidal action occurs.
[Amended 6-8-2010]
TIDAL WATERS
All waters affected by tidal action during the highest annual tide or mean highest high-water mark, whichever number requires the furthest setback from the water for the given year of measurement maximum spring tide.[23]
[Added 11-4-2008; amended 6-8-2010]
TRANSIENT
A person staying at a place that does not constitute his or her home or usual dwelling unit for less than 30 days.
TRANSIENT ACCOMMODATIONS
A. 
TA-1Bed-and-breakfast accommodations in the private, year-round residence of the host family who live on the premises (one to three rooms; maximum six guests). Breakfast is the only meal provided.
B. 
TA-2A building or buildings where for compensation lodging is provided (four to 25 rooms). No meals are served.
C. 
TA-3An existing building, constructed and completed prior to June 10, 1986, where for compensation lodging is provided (four to 10 rooms). TA-3 is permitted in districts where it is felt that lodging for transients is necessary to preserve or maintain many of Bar Harbor's residential structures:
[Amended 11-5-1991; 11-2-2004]
(1) 
No building shall be expanded in floor area or volume by more than 10% over the lifetime of the building;
(2) 
There shall not be constructed any exterior stairway or fire escape enclosed or otherwise above the ground floor visible from the street on which the building fronts; and
(3) 
Breakfast is the only meal provided.
D. 
TA-4An existing building, constructed and completed prior to June 10, 1986, where for compensation lodging is provided (11 to 25 rooms). TA-4 is permitted in districts where it is felt that lodging for transients is necessary to preserve or maintain many of Bar Harbor's residential structures:
[Amended 11-5-1991; 11-2-2004]
(1) 
No building shall be expanded in floor area or volume by more than 10% over the lifetime of the building;
(2) 
There shall not be constructed any exterior stairway or fire escape enclosed or otherwise above the ground floor visible from the street on which the building fronts; and
(3) 
Breakfast is the only meal provided.
E. 
TA-5A building or buildings where for compensation lodging and one or more meals for guests only are provided (four to 25 rooms).
[Amended 5-6-2002]
F. 
TA-6An existing building, constructed and completed prior to June 10, 1986, where for compensation lodging and meals for guests only are provided (four to 25 rooms). TA-6 is permitted in districts where it is felt that lodging for transients is necessary to preserve or maintain many of Bar Harbor's residential structures:
[Amended 11-5-1991; 11-2-2004]
(1) 
No building shall be expanded in floor area or volume by more than 10% over the lifetime of the building;
(2) 
There shall not be constructed any exterior stairway or fire escape enclosed or otherwise above the ground floor visible from the street on which the building fronts.
G. 
TA-7A building or buildings where for compensation lodging and meals are provided (four to 25 rooms). Accessory uses subject to site plan review include restaurant, gift shop and the like.
H. 
TA-8A building or buildings where for compensation lodging and meals are provided (25 or more rooms). Accessory uses subject to site plan review include restaurant, cocktail lounge, gift shop, conference room, recreational facilities, such as swimming pool, game courts, and recreational rooms, and the like.
TRANSPORTATION FACILITIES
Structures and grounds used for transportation service activities, such as ticket booths and waiting shelters for bus, taxi, touring van or ferry passengers. The term does not include parking lots or major ferry terminal facilities such as the one for the Bluenose.
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 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.
[Added 11-5-1991; amended 6-13-2006; 11-3-2009; 6-8-2010]
UMBRELLA
A portable, usually cloth, canopy to provide protection against the weather that is fastened to a frame with hinged ribs that radiate from the center pole which may be attached to a patio table.
[Added 11-2-1999]
UNDERTAKING ESTABLISHMENT
A dwelling or other structure used and occupied by a professional licensed mortician for burial preparation and funeral services.
UPLAND EDGE
See "wetland, upland edge."
[Added 11-5-1991]
USE
The purpose or activity for which land or any building or structure thereon is designed, arranged, intended, occupied or maintained.
USE, ACCESSORY
A. 
A use which is:
(1) 
Subordinate to and serves a principal use;
(2) 
Subordinate in area, extent and purpose to the principal use served;
(3) 
Located on the same lot as the principal use served, except as otherwise expressly authorized by this chapter; and
(4) 
Customarily incidental to the principal use.
B. 
An accessory use shall not include any use injurious or offensive to the neighborhood as initially determined by the Code Enforcement Officer.
C. 
Allowed off-street parking shall always be considered a permitted accessory use when required or provided to serve a permitted use in any district.
[Added 6-13-2017]
USE, FUNCTIONALLY WATER DEPENDENT
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, excluding recreational boat storage buildings, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aids, basins and channels, retaining walls, industrial uses dependent upon waterborne transportation or requiring large volumes of cooling or processing water that cannot be reasonably located or operated at an inland site, and uses that primarily provide general public access to inland and tidal waters.
[Added 6-8-2010]
USE, NONCONFORMING
A use which, at the effective date of adoption or amendment of this chapter, is not a permitted use in the district in which it is situated.
USE, PERMITTED
A use which may be established in a particular district, provided it conforms to all the requirements, standards, and regulations of such district.
USE, PRINCIPAL
A use other than one which is wholly incidental or accessory to another use on the same lot.
[Amended 11-5-1991]
USE, TEMPORARY
A use established for a fixed period of time with the intent to discontinue such upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure.[24]
UTILITIES
All public services, such as electricity, water, sanitary sewer, stormwater drainage, telephone and cable television.
VACATION RENTAL
The use of a dwelling unit or portion thereof for rent to a family for a period of less than 30 days and a minimum of five days. Time-share property, as most recently defined in 33 M.R.S.A § 591, is also included in this definition.
[Added 6-13-2006; amended 11-5-2019]
VACATION RENTAL-1 (VR-1)
A dwelling unit, or portion thereof, that is the primary residence of the property owner or on the owner's primary residence property and is rented to a person or a group for less than 30 days and a minimum of two nights. The rental of a portion of the dwelling, such as a bedroom, must be located in the principal structure housing the dwelling unit.
[Added 11-2-2021]
VACATION RENTAL-2 (VR-2)
An entire dwelling unit that is not the primary residence of the property owner and is rented to a person or a group for less than 30 days and a minimum of four nights.
[Added 11-2-2021]
VEGETATION
All live trees, shrubs, and other plants, including, without limitation, trees both over and under four inches in diameter measured at 4 1/2 feet above ground level.
[Amended 6-8-2010]
VELOCITY ZONE
An area of special flood hazard extending from offshore to the inland limit of the primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources.
[Added 6-8-2010]
VETERINARY HOSPITAL OR CLINIC
A building used for the diagnosis, care and treatment of ailing or injured animals which may include overnight accommodations. The overnight boarding of healthy animals shall be considered a kennel.
VIEWSHED
An elevated or unobstructed location, position, or area that permits an unhindered panoramic vista of particular interest or pleasure or unique view to or from a particular point.
[Added 11-3-2009]
VISUAL IMPACT ASSESSMENT
An assessment of impacts to the viewshed from and to a proposed development. The assessment should accurately show the proposed project to scale within the visual context of the viewshed. There are six components of a visual impact assessment: defining the project setting and viewshed, identifying key views for visual assessment, analyzing existing visual character, a depiction of the visual appearance of project alternatives, an assessment of the visual impacts of project alternatives and a proposal for methods to mitigate adverse visual impacts.
[Added 11-3-2009]
VISUALLY COMPATIBLE
A design that is visually or architecturally harmonious with the predominate pattern of buildings when viewed from a public street.
[Added 11-2-1999]
VISUALLY COMPLEMENT
See "complement the visual character of the district."
[Added 11-2-1999]
VOLUME OF A STRUCTURE
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.
WALLS, FREESTANDING OR ORNAMENTAL
Structural or nonstructural walls that are not part of a building or structure, such as retaining walls or walls for enclosing or screening areas or facilities.
[Added 11-2-1999]
WAREHOUSING AND STORAGE FACILITY
A structure for the storage of merchandise or commodities, including bulk storage and bulk sales outlet.
WATER BODIES, 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 chapter, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner.
[Added 11-5-1991]
WATER BODIES, GREAT POND CLASSIFIED GPA
Any great pond classified GPA, pursuant to 38 M.R.S.A. § 465-A. This classification includes some but not all impoundments of rivers that are defined as great ponds.
[Added 11-5-1991]
WATER BODIES, RIVER
Any free-flowing body of water from that point at which it provides drainage for a watershed of 25 square miles to its mouth.
WATER BODIES, STREAM
A free-flowing body of water from the outlet of a great pond or the confluence of two perennial streams, as depicted by a solid blue line on the most recent edition of a United States Geological Survey 7.5 minute series topographic map or, if not available, a fifteen-minute series topographic map, to the point where the body of water becomes a river or flows to another water body or wetland within a shoreland zone.
[Amended 11-5-1991; 5-4-1992; 5-6-1996; 6-13-2006[25]]
WATER CROSSING
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.
[Added 11-5-1991; amended 11-4-2008; 11-3-2009]
WATER-DEPENDENT USE
See "use, water-dependent."
[Added 11-5-1991]
WETLAND
A coastal or freshwater wetland.
[Amended 11-5-1991; 6-13-2006[26]]
WETLAND, COASTAL
All tidal and subtidal lands, all lands with vegetation present that is tolerant of saltwater and occurs primarily in a saltwater or estuarine habitat, and any swamp, marsh, bog, beach, flat or other contiguous lowland that is subject to tidal action during the highest tide level for the year in which an activity is proposed, as identified in tide tables published by the National Ocean Service. Coastal wetlands include coastal portions of sand dunes.
[Added 11-5-1991; amended 6-13-2006; 11-4-2008; 11-3-2009; 6-8-2010]
WETLAND, FORESTED
A freshwater wetland dominated by woody vegetation that is six meters (approximately 19.7 feet) tall or taller.
[Added 5-4-1992; amended 6-13-2006[27]]
WETLAND, FRESHWATER
Freshwater swamps, marshes, bogs and similar areas, which are of 80,000 contiguous square feet or more or are wetlands adjacent to any surface water body; and inundated or saturated by surface or ground water at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils. Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.
[Added 11-5-1991; amended 5-4-1992; 6-13-2006[28]]
WETLAND, UPLAND EDGE
The boundary between upland and wetland. For purposes of a coastal wetland, this boundary is the line formed by the landward limits of the salt-tolerant vegetation and/or the highest annual tide, including all areas affected by tidal action. 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.
[Added 11-5-1991; amended 6-13-2006; 11-4-2008; 6-8-2010]
WHARF
See "structure, water-related."
WHOLESALE BUSINESS ESTABLISHMENT
Any business, housed in a permanent structure, engaged in the sale of goods in large amounts to retailers or jobbers, rather than directly to consumers.
WILDLIFE
All vertebrate species (animals with backbones), except fish.
WILDLIFE HABITAT, SIGNIFICANT
Areas identified by a governmental agency such as the Maine Department of Inland Fisheries and Wildlife as having significant value as habitat for animals and any areas identified in the municipality's Comprehensive Plan.
[Added 5-3-1999]
WILDLIFE MANAGEMENT PRACTICES
Activities engaged in for the exclusive purpose of management of wildlife populations by manipulation of their environment for the benefit of one or more species. Such practices may include, but not be limited to, harvesting or removal of vegetation, controlled burning, planting, impounding water, controlled hunting and trapping, relocation of wildlife, predator and disease control, and installation of artificial nesting sites, provided that such activities are specifically controlled and designed for the purpose of managing such species.
WINDOW
An opening in the wall of a building for the admission of light or air that is usually closed by casements or sashes containing transparent or translucent material.
[Added 11-5-1991]
WIND TURBINE
The blades, rotor, and associated mechanical and electrical conversion components mounted on top of the supporting tower.
[Added 11-3-2009]
WOODY VEGETATION
Live trees or woody, nonherbaceous shrubs.
[Added 11-4-2008]
YARD
The area of land on a lot not occupied by buildings.
YARD, FRONT
The open, unoccupied space on the same lot with the principal building between the front lot line and the nearest part of any building on the lot and extending the entire width of the lot.
YARD, REAR
The open, unoccupied space on the same lot with the principal building between the rear lot line and the nearest part of any building on the lot and extending the entire width of the lot.
YARD, SIDE
The open, unoccupied space on the same lot with the principal building between a side lot line and the nearest part of any building on the lot, extending from the front yard to the rear line or a front line shall be deemed a side line.
[1]
Editor's Note: The former definition of "bonus dwelling unit," added 11-2-2021, which immediately followed, was repealed 6-11-2024 ATM by Art. 4.
[2]
Editor's Note: The former definition of “church,” which immediately followed this definition, was repealed 5-2-2005. For current provisions, see the definition of “place of worship.”
[3]
Editor's Note: The former definition of "cluster development," which immediately followed this definition, was repealed 6-13-2006.
[4]
Editor’s Note: This ordinance also provided that it shall apply retroactively to all proceedings, applications and/or petitions pending on or commenced after 9-6-2005, notwithstanding the provisions of 1 M.R.S.A. § 302.
[5]
Editor's Note: See 33 M.R.S.A. § 1601-101 et seq.
[6]
Editor’s Note: This ordinance also provided that it shall apply retroactively to all proceedings, applications and/or petitions pending on or commenced after 9-6-2005, notwithstanding the provisions of 1 M.R.S.A. § 302.
[7]
Editor’s Note: The definition of “dbh,” added 11-4-2008, which immediately followed, was repealed 6-12-2018.
[8]
Editor's Note: The former definition of "dwelling unit, accessory," added 6-13-2006, which immediately followed, was repealed 11-2-2021.
[9]
Editor's Note: The former definition of "floor area ratio," which immediately followed, was repealed 6-13-2023.
[10]
Editor’s Note: The definition of “forest management activities,” which immediately followed, was repealed 6-12-2018.
[11]
Editor's Note: The former definition of "garage, commercial," which immediately followed, was repealed 6-13-2017. See now the definition of "parking garage."
[12]
Editor’s Note: This ordinance also provided that it shall apply retroactively to all proceedings, applications and/or petitions pending on or commenced after 9-6-2005, notwithstanding the provisions of 1 M.R.S.A. § 302.
[13]
Editor's Note: The former definition of "grocery store," which immediately followed this definition, was repealed 6-8-2010.
[14]
Editor’s Note: This ordinance also provided that it shall apply retroactively to all proceedings, applications and/or petitions pending on or commenced after 9-6-2005, notwithstanding the provisions of 1 M.R.S.A. § 302.
[15]
Editor’s Note: This ordinance also provided that it shall apply retroactively to all proceedings, applications and/or petitions pending on or commenced after 9-6-2005, notwithstanding the provisions of 1 M.R.S.A. § 302.
[16]
Editor's Note: The former definitions of "kennel, commercial" and "kennel, noncommercial," which immediately followed this definition were repealed 6-14-2011; see now the definitions of "kennel" and "kennel, boarding."
[17]
Editor’s Note: The definition of “licensed forester,” added 11-4-2008, which immediately followed, was repealed 6-12-2018.
[18]
Editor’s Note: This ordinance also provided that it shall apply retroactively to all proceedings, applications and/or petitions pending on or commenced after 9-6-2005, notwithstanding the provisions of 1 M.R.S.A. § 302.
[19]
Editor's Note: See now the definition of "lakes and ponds."
[20]
Editor’s Note: The definition of “residual basal area,” added 11-4-2008, which immediately followed, was repealed 6-12-2018.
[21]
Editor’s Note: This ordinance also provided that it shall apply retroactively to all proceedings, applications and/or petitions pending on or commenced after 9-6-2005, notwithstanding the provisions of 1 M.R.S.A. § 302.
[22]
Editor’s Note: The definitions of “skid road or skid trail,” and “slash,” added 11-4-2008, which immediately followed, were repealed 6-12-2018.
[23]
Editor’s Note: The definition of “timber harvesting,” as amended, which immediately followed, was repealed 6-12-2018.
[24]
Editor's Note: The former definition of "use, water-dependent," as amended 11-5-1991, which immediately followed this definition, was repealed 6-8-2010.
[25]
Editor’s Note: This ordinance also provided that it shall apply retroactively to all proceedings, applications and/or petitions pending on or commenced after 9-6-2005, notwithstanding the provisions of 1 M.R.S.A. § 302.
[26]
Editor’s Note: This ordinance also provided that it shall apply retroactively to all proceedings, applications and/or petitions pending on or commenced after 9-6-2005, notwithstanding the provisions of 1 M.R.S.A. § 302.
[27]
Editor’s Note: This ordinance also provided that it shall apply retroactively to all proceedings, applications and/or petitions pending on or commenced after 9-6-2005, notwithstanding the provisions of 1 M.R.S.A. § 302.
[28]
Editor’s Note: This ordinance also provided that it shall apply retroactively to all proceedings, applications and/or petitions pending on or commenced after 9-6-2005, notwithstanding the provisions of 1 M.R.S.A. § 302.