This chapter shall be known and may be cited as the "Zoning
Ordinance of the Town of Cumberland, Maine."
[Amended 9-10-2012]
A.
The purpose of this chapter, made as part of a comprehensive plan
for the development of the Town, is to promote public health, safety,
and general welfare; to encourage the most appropriate use of land
throughout the Town; to protect and preserve land most suitable for
agricultural uses; to promote traffic safety; to provide safety from
fire and other elements; to provide adequate light and air; to prevent
overcrowding of real estate; to provide a wholesome home environment;
to prevent housing development in unsanitary areas; to provide an
adequate street system; to promote the coordinated development of
unbuilt areas; to encourage the formation of community units; and
to provide an allotment of land area in new developments sufficient
for all public services.
[Amended 1-26-2021]
B.
This chapter reflects land use regulations imposed by the Town of
Cumberland. Additional federal and/or state permits, including State
of Maine Department of Environmental Protection, United States Environmental
Protection Agency, and the United States Army Corps of Engineers,
may be required.
Unless otherwise specified, it is the intent of this chapter
that any use not specifically allowed as a permitted use or a special
exception use is prohibited.
The word "person" includes a firm, association, organization,
partnership, trust, company or corporation as well as an individual;
the present tense includes the future tense; the singular number includes
the plural, and the plural includes the singular; the word "shall"
is mandatory, and the word "may" is permissive; the word "used" or
"occupied" includes the words "intended," "designed" or "arranged
to be used or occupied"; the word "building" includes the word "structure";
the word "dwelling" includes the word "residence"; and the word "lot"
includes the word "plot" or "parcel." Terms not defined shall have
the customary dictionary meaning. Other terms shall be defined as
follows:
A subordinate building or use customarily incidental to,
and located on the same lot with, the main building or use, including
farm markets for the sale of agricultural and similar products where
at least 60% of the gross receipts is derived from the sale of products
produced or grown, or where some ingredients of products are grown
or produced, on the lot. This shall not include registered dispensaries
of medical marijuana, retail marijuana establishments, retail marijuana
social clubs, or any addiction treatment facility as defined in this
chapter and by applicable state statutes.
[Amended 2-10-2014; 5-22-2017]
A secondary dwelling unit used as a single-family dwelling
unit on a nonintermittent basis that is established in conjunction
with and clearly subordinate to a primary dwelling unit, whether a
part of the same structure as the primary dwelling unit or a detached
dwelling unit on the same lot.
[Added 11-26-2012; amended 10-23-2017]
A unit of area measure consisting of 43,560 square feet.
A facility for outpatient detoxification and treatment of
narcotic-dependent persons which administers or dispenses drugs used
to alleviate adverse physiological or psychological effects incident
to withdrawal from continuous or sustained use of a narcotic drug.
[Added 2-10-2014]
Operations and processes including the loading, unloading,
conveying, crushing, screening, and loadout of materials.
The use of a tract of land for commercial purposes for any
of the following:
[Amended 2-10-2014; 5-22-2017; 1-26-2021]
The cultivation of soil for production and harvesting of crops,
including fruits, vegetables, flowers, and ornamental plants, not
to include marijuana;
The planting and production of timber;
Animal husbandry, including dairying, breeding, raising, management,
care, and training of livestock, including horses, llamas, goats,
pigs, cattle, bees, poultry and other similar types of animals, for
individual and public use and consumption;
Aquaculture;
The operation, management, conservation, improvement and maintenance
of a farm and the structures and buildings on the farm, including
building and structure repair, replacement, expansion, and construction
incident to the farming operation; and when performed on the farm,
the marketing and selling of agricultural products; agritourism; the
storage and use of materials for agricultural purposes; and packing,
treating, processing, sorting, storage and other activities performed
to add value to crops, livestock, and agricultural items produced
on the farm;
Farm-based retail;
Farm-based specialty events;
Slaughterhouse;
Farm worker housing;
Bed-and-breakfast uses, as defined.
A use accessory to a primary agriculture use that allows
members of the general public to enter the agricultural land to view
or enjoy rural activities. The term agritourism includes, but is not
necessarily limited to the following activities: on-site educational
programs; guided and self-guided tours; petting zoos; farm festivals;
corn mazes; harvest-your-own operations; hayrides; recreational horseback
riding; or the establishment and rental of up to four tent sites,
each accommodating no more than two persons per tent site, provided
that such tent sites comply with all applicable provisions of the
State of Maine's Subsurface Wastewater Disposal Rules, as amended.
[Added 7-10-2023]
An airstrip restricted to use by the airstrip owner or lessee
and, on an occasional basis, by his invited guests.
Clock towers, bell steeples, light poles and water towers
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
The keeping of animals for commercial purposes, including
dairying, stock raising, poultry raising, and breeding.
Any structure or device used for the purpose of wireless
transmitting or receiving electromagnetic waves, digital signals,
analog signals, radio frequencies (excluding radar signals), or wireless
telecommunications signals, including but not limited to directional
antennas, such as panels, microwave dishes, and satellite dishes,
and omnidirectional antennas, such as whip antennas.
A set of antennas for one carrier or service that are placed
on a mount at a given height and spaced so as to avoid internal interference.
The growing or propagation of harvestable freshwater, estuarine,
or marine plant or animal species.
[Added 1-26-2021]
A geologic formation composed of rock or sand and gravel
that stores and transmits significant quantities of recoverable water.
Land area composed of soil or rock that is significantly
permeable to allow infiltration and percolation of surface water into
an aquifer.
A subordinate use customarily incidental to, and located
on the same lot with, the main building or use. This shall not include
registered dispensaries of medical marijuana, retail marijuana establishments,
retail marijuana social clubs, or any other addiction treatment facility
as defined in this chapter and by applicable state statutes.
[Amended 2-10-2014; 5-22-2017]
A business establishment engaged in general repair, engine
rebuilding, parts replacement, rebuilding or reconditioning of motor
vehicles, body, frame or fender straightening and repair, painting
and undercoating, but where no engine fuels are sold.
A lot which does not abut or front on a street and where
access to the road is by a private right-of-way.
That portion of a building which is partly above grade and
partly below grade and having 1/2 or more of its height above grade.
A single-family dwelling in which the resident or residents
of the dwelling provide overnight lodging to paying guests in a maximum
of six guest bedrooms located within the dwelling or permitted attached
structures. Total sleeping accommodations shall be for 12 or fewer
guests. Breakfast shall be the only meal served to guests and shall
be limited to overnight guests. Rentals for more than one month in
a calendar year to the same guest(s) are prohibited. The bed-and-breakfast
shall function as a private home with house guests.[1]
In addition to any other review required under this chapter,
a bed-and-breakfast shall be considered a home occupation and shall
be allowed under the conditions and regulations applicable to home
occupations, subject to site plan review and approval by the Planning
Board if providing four or more guest bedrooms.
A structure shall not be used or occupied as a bed-and-breakfast
until the Cumberland Fire/EMS Chief certifies the structure to be
in compliance with applicable sections of the most recent edition
of the NFPA 101 Life Safety Code, including but not limited to Chapters
20 and 22, all necessary state approvals have been received, and a
certificate of occupancy has been issued by the Code Enforcement Officer.
[Amended 9-10-2012]
A house or other place having more than two residents which,
for consideration, is maintained wholly or partly for the purpose
of boarding and caring for the residents. For the purposes of this
chapter, "boarding care facility" shall include only those facilities
which have been certified, or which will be certified prior to the
issuance of any use permits under this chapter, by the State of Maine
as meeting all licensing and operation regulations for boarding care
facilities as promulgated by the Maine Department of Health and Human
Services.
Any place, building, tract of land or abode in or on which
more than three privately owned dogs or other pets, or both, are kept
at any one time for their owners in return for a fee.
Any structure used or intended for supporting or sheltering
any use or occupancy.
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.
Vertical distance measured from the average elevation of
the proposed finished grade of the building to the highest point of
the roof.
The place of business of individuals or groups providing
professional services, including but not limited to doctors, lawyers,
accountants, financial advisors, architects, surveyors, real estate
and insurance businesses, psychologists, and counselors, or a place
in which a business conducts its administrative, financial or clerical
operations or provides services, including banks, credit unions and
other financial services, excluding freestanding automated teller
machines (ATMs). This shall not include registered dispensaries of
medical marijuana, retail marijuana establishments, retail marijuana
social clubs, or any other addiction treatment facility as defined
in this chapter and by applicable state statutes.
[Amended 2-10-2014; 5-22-2017]
A restaurant primarily offering coffee, tea, and other beverages, and where light refreshments and limited menu meals may also be sold for consumption on or off the premises. Cafes shall be no larger than 2,500 square feet, with no drive-through and in accordance with § 315-18F(3). This shall not include retail marijuana establishments or retail marijuana social clubs.
[Added 6-1-2015; amended 5-22-2017]
A person or an assistant of that person that provides care
for a qualifying patient in accordance with 22 M.R.S.A. § 2423-A(2),
as amended.
[Added 11-26-2018]
An establishment in which the principal use is the preparation
of food and meals on the premises and where such food and meals are
delivered to another location for consumption. This shall not include
retail marijuana establishments or retail marijuana social clubs.
[Added 6-1-2015; amended 5-22-2017]
That portion of a building that is partly or completely below
grade and having at least 1/2 its height below grade.
An office building used by members of the medical professions
for the diagnosis and outpatient treatment of human ailments. This
shall not include registered dispensaries of medical marijuana, retail
marijuana establishments, or any other addiction treatment facility
as defined in this chapter and by applicable state statutes.
[Amended 2-10-2014; 5-22-2017]
A building or use catering exclusively to club members and
their guests for recreational purposes and not operated primarily
for profit. This shall not include retail marijuana establishments
or retail marijuana social clubs.
[Amended 5-22-2017]
A type of development where building lots are smaller, with
lot frontages that are shorter than those in a traditional subdivision,
and are grouped on certain portions of the site that are best suited
for development and other areas remain open and free from development.
The homes may or may not be connected to the public sewer system.
[Amended 3-11-2019]
A subsurface sewage disposal system that receives the effluent
from two or more house units, individual homes, or systems in excess
of 400 gallons per day.
All tidal and subtidal lands, all lands below any identifiable
debris line left by tidal action, 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 which is subject to tidal action during the maximum
spring tide level as identified in tide tables published by the National
Ocean Service. Coastal wetlands may include portions of coastal sand
dunes.
The location of more than one telecommunications facility
(use) on a tower or alternative tower structure.
Activities directly related to commercial fishing and those
commercial activities commonly associated with or supportive of commercial
fishing, such as the manufacture or sale of ice, bait and nets, and
the sale, manufacture, installation or repair of boats, engines and
other equipment commonly used on boats.
A use which receives a fee in return for the provision of
indoor or outdoor health or recreational activity, including racquetball
clubs, tennis clubs, health and fitness facilities, gymnasiums, swimming
pools, skating rinks, and playgrounds, but not including amusement
centers, golf courses, sports stadiums and campgrounds. Any retail
activities, child-care activities, and personal health services which
are associated with and located within a health or recreation facility
are permitted.
A licensed kitchen facility providing food entrepreneurs
the space and equipment to prepare and process for sale on or off
premises. This shall not include retail marijuana establishments or
retail marijuana social clubs.
[Added 6-1-2015; amended 5-22-2017]
A housing facility for eight or fewer persons with disabilities
that is approved, authorized, certified or licensed by the state.
A community living arrangement may include a group home, foster home
or intermediate care facility.
[Amended 9-10-2012]
A type of real estate ownership in which individual units
are owned separately and all of the rest of the property is owned
in common by all of the owners of individual units.
Residential housing consisting of private living quarters,
with or without cooking facilities, within which a supportive services
program is provided to functionally impaired residents who have difficulty
living independently without assistance yet who do not require the
level of service available at a nursing home or boarding care facility
as herein defined. For the purposes of this chapter, "congregate housing"
shall include only those facilities which have been certified, or
which will be certified prior to the issuance of any use permits under
this chapter, by the State of Maine as meeting all regulations governing
the administration of congregate housing services programs for the
elderly.
A subdivision designed to preserve sensitive and/or valuable
natural areas, including, but not limited to, farmland, wetlands,
steep slopes, and significant viewscapes.
[Added 3-11-2019]
The use of a tract of land for the storage of construction
equipment and materials used in residential and commercial construction.
This use does not include the manufacturing or processing of concrete
and/or asphalt or the extraction or processing of earth materials,
unless previously grandfathered.
A residential care facility, with or without guaranteed lifetime
care, that provides any combination of nursing home, boarding care,
and congregate housing services as defined herein. For the purposes
of this chapter, "continuing care retirement community" shall include
only those facilities which have been certified, or which will be
certified prior to the issuance of any use permits under this chapter,
by the State of Maine as meeting all applicable regulations for nursing
homes, boarding care facilities, and congregate housing as promulgated
by the Maine Department of Health and Human Services.
A facility consisting of one or more individual units for
contractors to utilize for storage, inventory and prefabrication of
materials associated with construction.
A house or other place conducted or maintained by anyone
who provides, on a regular basis and for consideration, care and protection
for 13 or more children under 16 years of age, except children related
to the operator by blood, marriage or adoption, who are unattended
by parents or guardians, for any part of a day, except that any facility
the chief purpose of which is to provide education shall not be considered
to be a day-care center.
A house or other place conducted or maintained by anyone who
provides, on a regular basis and for consideration, care and protection,
which is required to be licensed by the state, for three to 12 unrelated
persons for any part of a day. Any facility, the chief purpose of
which is to provide education, shall not be considered to be a day-care
home.
In addition to any other review required under this chapter,
a day-care home shall be considered a home occupation and shall be
allowed under the conditions and regulations applicable to home occupations.[2]
A section or sections of the Town of Cumberland for which
regulations governing the use of buildings and premises, the size
of yards, and intensity of use are uniform.
A use, otherwise allowed as a permitted or special exception
use in the district where located, which is designed or used in such
a manner as to permit customers or patrons to receive goods or services
while remaining in their motor vehicles, excluding freestanding automated
teller machines (ATMs).
A dwelling which shares a common wall with one or more other
dwellings and which has independent outside access.
A dwelling which is physically separate from any other building,
including manufactured housing which is composed of two or more sections
joined lengthwise, with the exception of accessory buildings.
A building used or intended for residential use containing
two attached dwelling units.
A building containing three or more dwelling units, including
apartment buildings and condominiums.
A group of rooms forming a habitable unit for one family
with facilities used or intended to be used for living, sleeping,
cooking and eating, the total floor area of which is not less than
600 square feet.
Includes operations conducted for the public health, safety,
or general welfare, such as protection of resources from immediate
destruction or loss, law enforcement, and operations to rescue human
beings and livestock from the threat of destruction or injury.
Gas, electrical, communication facilities, steam, fuel or
water supply transmission or distribution systems.
The excavation and storage of soil, topsoil, peat, loam,
sand, gravel, rock or other mineral deposits.
One or more persons occupying a dwelling unit and living
as a single housekeeping unit, whether or not related to each other
by birth, adoption or marriage, but no unrelated group shall consist
of more than five persons, as distinguished from a group occupying
a boardinghouse, lodging house, or hotel.
The selling of agricultural produce or products, the majority
of which is grown or raised by the landowner. This shall not include
retail marijuana establishments.
[Amended 5-22-2017; 1-26-2021]
An event held indoors or outdoors on farmland that is at least five contiguous acres in size and is primarily used for farming, agriculture or horticultural activities. Such events may be for commercial purposes other than farming and may include, but are not limited to, weddings, wedding receptions, family reunions, special occasion celebrations, fairs and recreation programs, subject to the requirements of § 315-49.1. Farms must be registered farms with the Town Assessor.
[Added 11-13-2017]
Single, duplex or multiplex dwelling units located on the
farm and occupied by employees of the farm owner.
[Added 1-26-2021]
The sum of the gross horizontal area of the floors of a building,
excluding basement floor areas. All dimensions shall be measured between
interior faces of walls.
The main finished grade level of the principal building.
All dimensions shall be measured between exterior faces of walls.
A freshwater wetland dominated by woody vegetation that is
six meters tall or taller.
Timber cruising and other forest resources evaluation activities,
pesticide or fertilizer application, management planning activities,
insect and disease control, timber stand improvement, pruning, regeneration
of forest stands, and other similar associated activities, exclusive
of timber harvesting and the construction, creation or maintenance
of roads.
Freshwater swamps, marshes, bogs and similar areas, other than
forested wetlands, which are:
Of 10 or more contiguous acres, or of less than 10 contiguous
acres and adjacent to a surface water body, excluding any river or
stream, such that, in a natural state, the combined surface area is
in excess of 10 acres; and
Inundated or saturated by surface water or groundwater 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.
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 cannot be located away from these
waters. These uses include, but are not limited to, commercial and
recreational fishing and boating facilities (excluding recreational
boat storage buildings), finfish and shellfish processing, fish storage
and retail and wholesale fish marketing facilities, waterfront dock
and port facilities, shipyards and boat building facilities, marinas,
navigation aides, basins and channels, retaining walls, industrial
uses dependent upon waterborne transportation or requiring large volumes
of cooling or processing water and that cannot reasonably be located
or operated at an inland site, and uses that primarily provide general
public access to coastal or inland waters.
A multifamily dwelling in which units share a common outside
access. Garden apartment buildings may have dwelling units on two
levels, and each unit has secondary outside access by way of a patio
or porch. Entrance drives, parking areas, open space and any recreational
facilities are shared in common by all occupants.
A building or land that is used for the sale of motor fuel,
oil, and motor vehicle accessories and servicing motor vehicles and
which may include facilities for lubricating or washing, but not including
painting, major repairs, storage of vehicles or sales of vehicles.
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls.
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.
A business establishment engaged in the sale of groceries.
This shall not include retail marijuana establishments.
[Amended 5-22-2017]
All water found beneath the surface of the earth.
A separate single-family dwelling intended for the private
use of the property owner and located on the same parcel as the principal
residential structure. A guesthouse shall not be leased or rented
to nonfamily members.
Any substances or materials which are gaseous, liquid, semisolid
or solid and which are designated as hazardous by the United States
Environmental Protection Agency in regulations which have been proposed
or finally promulgated pursuant to the United States Resource Conservation
and Recovery Act, Public Law 94-580, and amendments to the Act.[3]
A facility where exercise classes and/or equipment are available
for use by members or nonmembers. Such facilities may include locker
rooms, showers, saunas and other related accessory uses. The health
and fitness studio shall be no larger than 2,500 square feet.
[Added 6-1-2015]
When referring to a tower or other structure, the distance
measured from ground level to the highest point on the tower or other
structure, even if said point is an antenna.
A heliport restricted to use by the helipad owner or lessee
and, on an occasional basis, by his invited guests.
An occupation based or located within a dwelling or an accessory
structure which is performed or conducted at a location or locations
remote from the dwelling and which:
[Amended 5-22-2017]
Is accessory to a residential use;
Is clearly incidental and secondary to the residential use of
the dwelling unit; and
Does not change the character of the dwelling.
|
This shall not include retail marijuana establishments or retail
marijuana social clubs.
|
A retail establishment owned and operated by the owner and
resident of the dwelling unit that is located on the same lot. The
size of the retail space shall be no larger than 2,000 square feet.
This shall not include retail marijuana establishments.
[Amended 5-22-2017]
Home occupations may include, but are not necessarily limited
to, arts and crafts work, dressmaking, tutoring, music teaching, and
the use of a portion of a dwelling as a bed-and-breakfast, a day-care
home, a professional office such as that of a physician, dentist,
lawyer, engineer, architect, hairdresser, barber, real estate broker,
insurance agent, or accountant, or similar uses.
|
This shall not include retail marijuana establishments or retail
marijuana social clubs.
|
A building containing individual sleeping rooms or suites,
each having a private bathroom attached thereto, for the purpose of
providing overnight lodging facilities to the general public for compensation
and in which access to all rooms is made through an inside office
or lobby.
A nonflowering marijuana plant that measures more than 24
inches from the base of the main plant stalk to the most distant point
of the plant's leaf stems or branches.
[Added 11-26-2018]
Structures and other man-made improvements to land and materials
covering the land which substantially reduce the infiltration of water.
Impervious surfaces shall include, but are not limited to, roofs,
paved areas, parking lots, and driveways, regardless of surface materials.
The assembling, fabrication, finishing, manufacturing, packing
or processing of goods or the extraction of minerals. This shall not
include retail marijuana establishments.[4]
[Amended 5-22-2017]
An area within a property or site, generally adjacent to
and parallel to a property line, either consisting of natural existing
vegetation or created by the use of trees and shrubs, designed to
limit continuously the view of and/or sound from the site to adjacent
sites or properties.
A twenty-five-foot wide easement to the Town of Cumberland
for properties with frontage along Route 100 within the Village Center
Commercial District. A landscape easement may be used for plantings,
a sidewalk with esplanade, lighting, and street furniture and is intended
to provide a visual cohesiveness to the corridor.
The business location of a person engaged in the commercial
practice of landscaping and who performs or furnishes the labor and/or
materials necessary to maintain or beautify land by contract or consent
of the landowner, including but not limited to lawn care, planting
and care of trees and shrubs, and winter maintenance such as snow
removal, but not including retail sales of landscaping materials or
tools.
Liquid or solid materials, including solid wastes, sludge,
and agricultural wastes, that are capable of releasing waterborne
contaminants into the groundwater.
An establishment which is engaged in the mechanical transformation
of materials into new products, including the assembling of component
parts, and which has the following characteristics:
[Amended 5-22-2017]
Does not create any offensive smoke, dust, odor, or other unhealthy
or offensive airborne discharge;
Does not create any offensive noise or vibration;
Does not include any outdoor storage of equipment or material;
and
Is designed so that the external appearance of any building
is compatible with the neighborhood in which it is located.
|
This shall not include retail marijuana establishments.
|
Off-street space used for the temporary location of one licensed
motor vehicle, which is at least 12 feet wide and 40 feet long and
14 feet high, not including access driveway, and having direct access
to a street or alley.
A building used for temporary occupancy of individuals who
are lodged with or without meals and in which bathroom facilities
may be shared.
A tract or parcel of land, in the same ownership, provided
that parcels located on opposite sides of a public or private road
shall be considered each a separate tract or parcel unless such road
was established by the owner of the parcels on both sides thereof.
Total horizontal area within the property lines, excluding
any part thereof lying within the boundaries of a public street or
proposed public street.
A lot which has an interior angle of less than 135° at
the intersection of two streets. A lot abutting a curved street shall
be considered a corner lot if the tangents to the curve at the points
of intersection of the side lot lines intersect at an interior angle
less than 135°.
For residential uses, the distance measured along a street
or public right-of-way; for all other uses, the distance measured
along a street.
Property line bounding a lot.
LOT LINE, FRONTThe lot line separating a lot from a street or other right-of-way providing access to the lot.
LOT LINE, REARThe lot line opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lot, a line 10 feet in length that is located entirely within the lot and is parallel to and at a maximum distance from the front lot line. On a lot that abuts more than one street, the rear lot line shall be that line opposite the shortest front lot line. Where all front lot lines are the same length, the rear lot line shall be designated by the owner as part of the first application for a building permit submitted for the lot after the effective date of this subsection.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
Industrial activity involving the manufacturing, packaging,
assembly, or distribution of finished products from previously prepared
material, including but not limited to the following: bakeries, breweries,
bottling, printing and publishing, pharmaceuticals, machine shops,
precision instruments, tool and die shops and packaging of foods.
This shall not include registered dispensaries of medical marijuana
or any other addiction treatment facility as defined in this chapter
and by applicable state statutes.
[Amended 2-10-2014]
This term shall be as defined in 30-A M.R.S.A. § 4358,
as amended from time to time, and shall include both mobile homes
and modular homes as defined therein.
The leaves, stems, flowers and seeds of all species of the
plant genus cannabis, whether growing or not.
[Added 5-22-2017]
The resin extracted from any part of a marijuana plant and
every compound, manufacture, salt, derivative, mixture or preparation
from such resin, including, but not limited to, hashish.
[Added 5-22-2017; amended 11-26-2018]
A plant of the genus Cannabis, including, but not limited
to, Cannabis sativa, Cannabis indica and Cannabis ruderalis or their
hybrids and the seeds of those plants.
[Added 11-26-2018]
A product composed of harvested marijuana and other ingredients
that is intended for medical use. "Marijuana product" includes, but
is not limited to, an edible marijuana product, a marijuana ointment
and a marijuana tincture. "Marijuana product" does not include marijuana
concentrate.
[Added 11-26-2018]
A business establishment having frontage on navigable water
and, as its principal use, providing for hire offshore mooring or
docking facilities for boats and which may also provide accessory
services such as boat and related sales, boat repair and construction,
indoor and outdoor storage of boats and marine equipment, bait and
tackle shops and marine fuel service facilities.
A retail store selling primarily food products that does
not exceed 5,000 square feet. This shall not include retail marijuana
establishments.
[Amended 5-22-2017]
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.
A flowering female marijuana plant.
[Added 11-26-2018]
The closest distance between the side lot lines of a lot.
A proposed development that includes primary non-residential
uses and primary residential uses on the same development site.
[Added 4-11-2016]
A planned, integrated development involving two or more different
uses in an architecturally harmonious environment with common access
and utility systems.
A parcel of land under unified ownership approved by the
municipality for the placement of three or more manufactured homes.
The area of land on which an individual home is situated
within a mobile home park and which is reserved for use by the occupants
of that home.
A building containing rooms which are rented as a series
of sleeping units for transients, each sleeping unit consisting of
at least a bedroom and bathroom.
Any vehicle requiring State of Maine registration.
A business establishment involved in the sales of motor vehicles.
Enclosed establishment for the display and sale of new and/or
used motor vehicles, trailers, mobile homes, and boats.
An establishment where automobiles or other motorized vehicles
and equipment are repaired or serviced. Includes small engine repair.
Any use or building maintained by the Town of Cumberland.
Net residential acreage shall be determined by subtracting
from gross acreage available the following:
Area for roads and parking as shown on the proposed plan.
[Amended 7-23-2012]
Land which is cut off from the main parcel by a road, existing
land uses, a utility easement or right-of-way or major stream so as
to serve as a major barrier to common use or so that it is isolated
and unavailable for building purposes (final determination by Planning
Board).
Other areas which are difficult to develop in their natural
state because of topography, drainage, or subsoil conditions. Specific
conditions include but are not limited to:
Slopes in excess of 20% sustained for 30,000 square feet or
more.
Wetlands as defined in the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands dated January 10, 1989, and as
amended from time to time.
Land shown to be in a one-hundred-year flood zone as shown on
the Flood Insurance Rate Map (FIRM).
Land in rights-of-way or easements, but not including land in
open space easements under § 315-43B or D.
Resource Protection Districts.
A nonconforming lot, structure, or use which is allowed solely
because it was in lawful existence at the time this chapter or subsequent
amendment took effect.
A marijuana plant that is in a stage of growth in which the
plant's pistils are not showing or the pistils protrude in pairs from
seed bracts that may be located on multiple nodes of the plant.
[Added 11-26-2018]
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. In the case of wetlands
adjacent to rivers and great ponds, the normal high-water line is
the upland edge of the wetland and not the edge of the open water.
A house or other place in which a person or combination of persons
maintains or otherwise carries out for consideration, during the day,
a regular program which cares for three or more children, provided
that:
The term does not include any facility operated as a day-care
center, a summer camp established solely for recreational and educational
purposes or a public or private school in the nature of a kindergarten
approved by the Commissioner of Education in accordance with state
statute as amended from time to time.
[Amended 9-10-2012]
A facility operated in connection with a hospital or in which
nursing care and medical services are prescribed by or performed under
the general direction of persons licensed to practice medicine or
surgery in the State of Maine, for the accommodation of convalescent
or other persons who are not acutely ill and not in need of hospital
care but who do require extended care and related medical services.
For the purposes of this chapter, "nursing home" shall include only
those facilities which have been certified, or which will be certified
prior to the issuance of any use permits under this chapter, by the
State of Maine as meeting all licensing and operation regulations
for skilled nursing facilities or intermediate care facilities as
promulgated by the Department of Health and Human Services.
The portion of a lot or site which is maintained in its natural
state or planted with grass, shrubs, trees or other vegetation and
which is not occupied by buildings.
A place designed and equipped primarily for the conduct of nonmotorized
outdoor sports, leisure-time activities, and other customary and usual
recreational activities, excluding boat launching facilities, amusement
parks, and campgrounds, and which has the following characteristics:
The total area of all buildings and structures, parking lots
and other nonvegetated surfaces shall not exceed 10% of the total
lot area.
Exterior lighting shall be used for the purpose of ensuring
safe movement of people and vehicles but not to provide illumination
for nighttime use of the outdoor activity.
The above notwithstanding, nothing in this definition may be
read to prohibit the continued use by snowmobiles of existing snowmobile
trails.
An outdoor dining area of a cafe or restaurant for seasonal
use by the patrons of the restaurant.
[Added 6-1-2015]
An off-street area for greater than three cars.
Off-street space used for the temporary location of one licensed
motor vehicle which is at least nine feet wide and 22 feet long, not
including access driveway, and having direct access to a street or
alley.
A use specifically allowed in a zoning district, excluding
nonconforming uses and special exceptions. Retail marijuana establishments
or retail marijuana social clubs are expressly prohibited in all zoning
districts within the Town.
[Amended 5-22-2017]
Businesses providing services of a personal nature, such
as barber, hairdresser, beauty parlor, shoe repair, shoe shine, laundry,
or photographic studio. This shall not include registered dispensaries
of medical marijuana or any other addiction treatment facility as
defined in this chapter and by applicable state statutes.
[Amended 2-10-2014]
A building or portion thereof, or an enclosure, used or designed
for the keeping of more than five pigs more than six months old.
Any inland body of water which has a surface area in excess
of 10 acres, except where such body of water is man-made and in addition
is completely surrounded by land held by a single owner, and except
those privately owned ponds which are held primarily as waterfowl
and fish breeding areas or for hunting and fishing.
The strict application of this chapter to the property precludes
the ability of the petitioner to pursue a use permitted in the zoning
district in which the property is located and results in significant
economic injury to the petitioner. An applicant for a practical difficulty
variance must show compliance with the following standards:
The need for a variance is due to the unique circumstances of
the property and not to the general condition of the neighborhood;
The granting of a variance will not produce an undesirable change
in the character of the neighborhood and will not unreasonably detrimentally
affect the use or market value of abutting properties;
The practical difficulty is not the result of action taken by
the petitioner or a prior owner;
No other feasible alternative to a variance is available to
the petitioner;
The granting of a variance will not unreasonably adversely affect
the natural environment; and
The property is not located in whole or in part within the shoreland
areas as described in 38 M.R.S.A § 435.
For the purposes of this definition, "dimensional standards"
means and is limited to ordinance provisions relating to lot coverage,
frontage, and setback requirements.
The structure in which the primary use of the lot is conducted.
Any premises used for the harboring of more than three dogs
under one ownership that are more than six months old.
A pit in the ground into which human excrement is disposed.
Any facility, including but not limited to buildings, property,
recreation areas, and roads, which is owned, leased, or otherwise
operated or funded by a governmental body or public entity.
A person who has been a resident of the state for at least
30 days and who possesses a valid written certification regarding
medical use of marijuana in accordance with 22 M.R.S.A. § 2423-B,
as may be amended.
[Added 11-26-2018]
A quasi-municipal corporation or district as defined in 30-A
M.R.S.A. § 2351.
The occupation and use of land, buildings, and structures
for purposes directly connected with rail transportation of articles,
goods, and passengers, including such facilities as tracks, sidings,
signal devices and structures, loading platforms, parking facilities,
ticketing sales and offices and passenger and freight terminals.
The following soils series as described and identified by
the National Cooperative Soil Survey:
|
Alluvial
|
Cornish
|
Charles
| |
|
Fryeburg
|
Hadley
|
Limerick
| |
|
Lovewell
|
Medomak
|
Ondawa
| |
|
Podunk
|
Rumney
|
Saco
| |
|
Suncook
|
Sunday
|
Winooski
|
A caregiver who is registered by the Maine Department of
Administrative and Financial Services pursuant to 22 M.R.S.A. § 2425-A,
as may be amended.
[Added 11-26-2018]
A not-for-profit entity registered by the State of Maine
in accordance with state statute that acquires, possesses, cultivates,
manufactures, delivers, transfers, transports, sells, supplies or
dispenses marijuana or related supplies and educational materials
to qualifying patients and the primary caregivers of those patients.
Registered dispensaries include the physical location of the dispensary
and any other facility under common management and operating under
the same state registration that cultivates marijuana for patients
of the dispensary. This shall not include retail marijuana establishments
or retail marijuana social clubs.
[Added 2-10-2014; amended 5-22-2017]
Includes church, temple, parish house, convent, or seminary.
A subsurface wastewater disposal system intended to replace:
A facility defined herein as a nursing home, boarding care
facility, congregate housing, community living arrangement, or continuing
care retirement facility.
[Amended 9-10-2012]
An establishment where food and drink are prepared and served
to the public for consumption on or off the premises. This shall not
include retail marijuana establishments or retail marijuana social
clubs.
[Amended 5-22-2017]
Marijuana or marijuana concentrate that is cultivated, manufactured,
distributed or sold by a licensed retail marijuana establishment or
retail marijuana social club.
[Added 5-22-2017]
An entity licensed to cultivate, prepare and package retail
marijuana and sell retail marijuana to retail marijuana establishments
and retail marijuana social clubs.
[Added 5-22-2017]
A retail marijuana store, a retail marijuana cultivation
facility, a retail marijuana products manufacturing facility or a
retail marijuana testing facility.
[Added 5-22-2017]
Concentrated retail marijuana and retail marijuana products
that are composed of retail marijuana and other ingredients and are
intended for use or consumption, including, but not limited to, edible
products, ointments and tinctures.
[Added 5-22-2017]
An entity licensed to purchase retail marijuana, manufacture,
prepare and package retail marijuana products, and sell retail marijuana
and retail marijuana products only to other retail marijuana products
manufacturing facilities, retail marijuana stores and retail marijuana
social clubs.
[Added 5-22-2017]
An entity licensed to sell retail marijuana and retail marijuana
products to consumers for consumption on the licensed premises.
[Added 5-22-2017]
An entity licensed to purchase retail marijuana from a retail
marijuana cultivation facility and to purchase retail marijuana products
from a retail marijuana products manufacturing facility and to sell
retail marijuana and retail marijuana products to consumers.
[Added 5-22-2017]
An entity licensed and certified to analyze and certify the
safety and potency of retail marijuana and retail marijuana products.
[Added 5-22-2017]
Any shop or store for the retail sale of goods or personal
services, excluding any drive-up service, freestanding retail stand,
gasoline service and motor vehicle repair service, new and used car
sales and service, and trailer and mobile home sales and service.
This shall not include registered dispensaries of medical marijuana,
retail marijuana establishments, retail marijuana social clubs, or
any other addiction treatment facility as defined in this chapter
and by applicable state statutes.
[Amended 2-10-2014; 5-22-2017]
Any place at which horses or ponies are kept for hire either
with or without instructions in riding.
A legally created public or private right to pass over the
property of another. A private right-of-way is one that is created
through a deed; a public right-of-way may be created through a deed,
through dedication and acceptance, through laying out and taking or
by public prescriptive use. A street right-of-way shall include all
land within the lines of the street, whether improved or unimproved.
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.
A free-flowing body of water including its associated floodplain
wetlands from that point at which it provides drainage for a watershed
of 25 square miles to its mouth.
A route or track consisting of a bed of exposed mineral soil,
gravel, asphalt, or other surfacing material constructed for or created
by the repeated passage of motorized vehicles.
Areas along coastal waters (most often along coastal bays)
which support salt-tolerant species and where at average high tide
during the growing season the soil is regularly inundated by tidal
waters. The predominant species is salt marsh cordgrass (Spartina
alterniflora). More open areas often support widgeon grass, eelgrass,
and sago pondweed.
Areas which 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.
A public or private kindergarten, elementary or secondary
school, approved as such by the State of Maine, including accessory
uses thereto, and providing instructional services to more than 10
students.
Any facility providing instructional services which is not
included in the above definition of "school" with the exception of
day-care or nursery schools.
A fully enclosed structure divided into individual, secured
units used for the exclusive purpose of temporary storage of nonhazardous
business or personal materials.
Dwelling units that are exempt under the federal Housing
for Older Persons Act, from the prohibition against familial status
discrimination, consisting of dwelling units that either:[5]
[Added 7-24-2017; amended 11-22-2017]
Are intended for, and solely occupied by persons 62 years of
age or older; or
Are intended and operated for occupancy by persons 55 years
of age or older. In order to qualify for the 55 or older housing exemption,
a facility or community must satisfy each of the following requirements:
At least 80% of the units must have at least one occupant who
is 55 years of age or older; and
The facility or community must publish and adhere to policies
and procedures that demonstrate the intent to operate as 55 or older
housing; and
The facility or community must comply with the United States
Housing and Urban Development Agency's regulatory requirements for
age verification of residents.
A residential housing development designed for senior housing,
which housing may consist of dwelling units in three alternative structures:
detached, duplex or multiplex dwellings, and which may or may not
include related amenities and services for its residents. Examples
of senior housing communities include, but are not limited to:
[Added 7-24-2017; amended 11-22-2017]
The shortest horizontal distance between a lot line and any
structure on a lot, except that for purposes of regulation of lots,
buildings, structures and uses located within the shoreland area,
"setback" shall also mean the nearest horizontal distance from the
normal high-water line to the nearest part of a structure, road, parking
space or other regulated object or area. A street or other right-of-way,
other than a driveway that serves no more than two residential lots,
that is or may be utilized for motor vehicle access or a street shown
on a subdivision plan recorded in the Registry of Deeds in which the
Town has reserved its right under the provisions of 23 M.R.S.A. § 3032
shall not be included within a setback. Where a street or other right-of-way
that is or may be used for motor vehicle access, other than a driveway
that serves no more than two residential lots, is located within the
boundaries of a property, the required setback shall be measured from
the nearest edge of the street or right-of-way rather than the property
line.
The municipal sewer system.
An accessory building of no more than 189 square feet in
total area, used for, among other things, the storage of yard equipment
and other household goods.
[Added 5-8-2023]
The length of a lot bordering on a water body measured in
a straight line between the intersections of the lot lines with the
shoreline at normal high-water elevation.
The land area located within 250 feet, horizontal distance,
of the normal high-water line of any great pond, river or saltwater
body; within 250 feet of the upland edge of a coastal or freshwater
wetland; or within 75 feet of the normal high-water line of a stream,
which land area shall consist of the following overlay zoning districts:[6]
Shoreland Resource Protection Overlay District.
Resource Protection/Floodplain Overlay District.
Limited Residential Overlay District.
Limited Commercial Overlay District.
General Development Overlay District.
Commercial Fisheries/Maritime Activities Overlay District.
Stream Protection Overlay District.
The display of a word or words, lettering, parts of letters,
figures, numerals, phrases, sentences, emblems, devices, pictures,
trade names, or trademarks by which anything is made known.
A sign which no longer identifies or advertises a bona fide
business, owner, lessor, lessee, service, product, or activity, or
for which no legal owner can be found, or if found, disclaims any
interest in the sign.
A sign which directs attention to a business, profession,
commodity, service, or entertainment conducted, sold, or offered elsewhere
than upon the same premises.
Any sign placed on the face of an awning. An awning is a
flexible, woven cloth fabric mounted above and/or projected above
a window or door.
A Maine Department of Transportation sign that is located
off the premises of a business that directs the public to the specific
location of the business.
A sign that advertises a candidate or issue to be voted upon
on a definite election day.
A sign located on a rigid structure erected over gas pumps
at gas filling stations or over other automobile services area.
Two or more signs integrated into one freestanding sign structure.
A sign placed at a construction site identifying or announcing
the project or the name of the architect, engineer, contractor, financier,
or others involved in the development of the project.
An on-premises sign designed to guide vehicular and/or pedestrian
traffic by using such words as "Entrance," "Exit," "Parking," "One
Way" or similar direction or instruction, but not including any advertising
message. The name or logo of the business or use to which the sign
is giving direction may also be included on the sign.
A sign which identifies multiple uses in a planned development
on a single sign; it may be used for shopping centers, shopping streets
or arcades, office complexes, schools, religious institutions, institutional
or business campuses, and similar large complexes which have a variety
of tenants and/or uses.
A sign that uses an intermittent or flashing light source
to attract attention.
A sign on the premises of the business that is not attached
to any part of the main structure on the parcel.
Any temporary or permanent sign erected and maintained for
any governmental purpose.
A sign that gives notice that a property is of an historic
nature as determined by a state, federal or local government agency.
A sign which displays only the name, address, and/or crest,
insignia, trademark, occupation or profession of an occupant or the
name of any building on the premises.
Any sign which was lawfully erected in compliance with applicable
code provisions and maintained prior to the effective date of this
chapter and which fails to conform to all applicable standards and
restrictions of this chapter.
A freestanding sign not permanently affixed, anchored, or
secured to the ground or structure on the lot it occupies.
A sign on private property that displays information pertinent
to the safety or legal responsibilities of the general public, such
as warning and "No Trespassing" signs.
A sign that is used to offer for sale, lease, or rent the
premises upon which such sign is placed.
Any structure that supports or is capable of supporting a
sign.
Any sign intended to be maintained for a continuous period
not to exceed 14 days.
A sign that pertains to the development of a new commercial,
residential, or mixed-use development while it is under construction.
A sign on a parked vehicle visible from the public right-of-way
where the primary purpose of the vehicle is to advertise a product
or to direct people to a business or activity located on the same
or nearby property. For the purposes of this chapter, "vehicular sign"
shall not include business logos, identification or advertising on
vehicles primarily used for other business purposes.
A sign painted or posted on an interior translucent surface,
including windows or doors. In the case of individually lettered signs,
sign area shall be the smallest geometrical shape which contains the
letters.
A facility for the slaughtering and processing of animals
that are either raised or transported to the facility and the processing
and storage of animal products and waste that result from a slaughtering
process.[7]
[Added 1-26-2021]
A use that would not be appropriate generally or without
restriction throughout a zoning district but which, if controlled
as to number, area, location or relation to the neighborhood, would
promote the public health, safety, order, comfort, convenience, appearance,
prosperity, or general welfare. Such uses may be permitted in a zoning
district by the Board of Adjustment and Appeals, if specific provision
for such special exceptions is made in this chapter.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
For the purposes of Article VII, Nonconforming Uses, Buildings, Structures and Lots, "stream" shall be defined as a free-flowing body of water from the outlet of a great pond or the confluence of two perennial streams as depicted on the most recent edition of a United States Geological Survey 7.5-minute series topographic map or, if not available, a 15-minute series topographic map, to the point where the body of water becomes a river or flows to another water body or wetland within a shoreland area. For purposes of the remainder of this chapter, "stream" shall be as defined in 38 M.R.S.A. § 480-B, as amended from time to time.
Any vehicular right-of-way that is:
An existing Town, state or county road;
Shown upon a subdivision plat approved by the Planning Board;
Accepted or laid out and taken through action of the Town Council;
A private right-of-way approved by the Town in accordance with the provisions of § 315-61 of this chapter; or
A street shown on a subdivision plan in which the Town has reserved
rights under the provisions of 23 M.R.S.A. § 3032.
Any change to a structure, other than simple replacement
in the supporting members, such as posts, columns, plates, joists,
or girders.
Anything built for the support, shelter, or enclosure of
persons, animals, goods, or property of any kind.
Completion of 30% of a permitted structure or use measured
as a percentage of estimated total cost.
A collection of treatment tank(s), disposal area(s), holding tank(s) and pond(s), surface spray system(s), cesspool(s), well(s), surface ditch(es), alternative toilet(s), or other devices and associated piping designed to function as a unit for the purpose of disposing of wastes or wastewater on or beneath the surface of the earth. The term shall not include any wastewater discharge system licensed under 38 M.R.S.A. § 414, any surface wastewater disposal system licensed under 38 M.R.S.A. § 413, Subsection 1-A, or any public sewer. The term shall not include a wastewater disposal system designed to treat wastewater which is in whole or in part hazardous waste as defined in Title 38, Chapter 13, Subchapter 1, of the Maine Revised Statutes Annotated.
A change in elevation where the referenced percent grade
is substantially maintained or exceeded throughout the measured area.
Any structure, antenna, tower, or other device which provides
radio/television transmission, telecommunications services, or any
other spectrum-based transmissions/receptions, together with the facility's
associated antennas, microwave dishes, horns, cables, wires, conduits,
ducts, lightning rods, electronic and other types of equipment for
the transmission, receipt, distribution or offering of such services.
The cutting and removal of trees from their growing site
and the attendant operation of cutting and skidding machinery, but
not the construction or creation of roads. "Timber harvesting" does
not include the clearing of land for approved construction.
Any structure, whether freestanding or in association with
a building or other permanent structure, that is designed and constructed
primarily for the purpose of supporting one or more antennas, including
self-supporting lattice towers, guy towers, or monopole towers. The
term includes radio and television transmission towers, microwave
towers, common carrier towers, cellular telephone towers, alternative
tower structures, and similar structures.
A type of development where building lots are at least the
minimum lot size for the district in which they are located. A small
portion of the lot may remain open and free from development.
[Amended 3-11-2019]
A vehicular portable structure designed as a temporary dwelling
for travel or recreational uses, not more than eight feet in body
width and 32 feet in body length.
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 section and only applies
to that portion of the tributary stream located within the shoreland
zone of the receiving water body or wetland.
For any sign or height variance or for any structure that
is located on a lot that is in whole or in part in a shoreland area,
undue hardship shall mean:
The land in question cannot yield a reasonable return unless
a variance is granted.
The need for a variance is due to the unique circumstances of
the property and not to the general conditions in the neighborhood.
The granting of a variance will not alter the essential character
of the locality.
The hardship is not the result of action taken by the applicant
or a prior owner.
The boundary between upland and wetland.
A relaxation of the terms of this chapter where such variance
will not be contrary to the public interest and where, owing to conditions
peculiar to the property and not the result of the actions of the
applicant, a literal enforcement of this chapter would result in unnecessary
and undue hardship. As used in this chapter, a variance is authorized
only for the height, area, and size of a structure or size of setbacks
and lot coverage and/or the size of signs; establishment or expansion
of a use otherwise prohibited shall not be allowed by variance, nor
shall a variance be granted because of the presence of nonconformities
in the zoning district or uses in an adjoining zoning district.
For shoreland areas a variance shall also be authorized for
percent of lot coverage, lot width, lot area, setbacks, substantial
expansions, and water frontage requirements.
All live trees, shrubs, ground cover, and other plants, including,
without limitation, trees both over and under four inches in diameter
measured at 4 1/2 feet above ground level.
A professional office for the practice of veterinary medicine
and at which related services such as pet boarding and grooming may
be offered.
The volume of all portions of a structure enclosed by roof
and fixed exterior walls as measured from the exterior faces of these
walls and roof.
A use in which materials, goods, or equipment is stored for
compensation or in connection with a business operation. Not to include
distribution. This shall not include retail marijuana establishments.
[Amended 5-22-2017]
Any great pond, river, stream or tidal area.
Any project extending from one bank to the opposite bank
of a river or stream, whether under, through, or over the watercourse.
Such projects include but may not be limited to roads, fords, bridges,
culverts, waterlines, sewer lines, and cables as well as maintenance
work on these crossings.
For the purposes of Article VII, Nonconforming Uses, Buildings, Structures and Lots, "wetland" shall be a freshwater or coastal wetland as defined herein. For the purposes of the remainder of this chapter, "wetland" shall be defined as a freshwater or coastal wetland, regardless of size, as defined in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands dated January 10, 1989, and as amended from time to time.
Wetlands contiguous with or adjacent to a great pond or river
and which during normal high water are connected by surface water
to the great pond or river. Also included are wetlands which are separated
from the great pond or river by a berm, causeway, or similar feature
less than 100 feet in width and which have a surface elevation at
or below the normal high-water line of the great pond or river. Wetlands
associated with great ponds or rivers are considered to be part of
that great pond or river.
Establishments or places of business primarily engaged in
selling merchandise to retailers, to industrial, commercial, institutional,
or professional business uses, or to other wholesalers, or acting
as agents or brokers in buying merchandise for, or selling merchandise
to, such individuals or companies. This shall not include registered
dispensaries of medical marijuana, retail marijuana establishments,
or any other addiction treatment facility as defined in this chapter
and by applicable state statutes.
[Amended 2-10-2014; 5-22-2017]
[1]
Editor's Note: Throughout this chapter, the term "bed-and-breakfast
inn" was amended to "bed-and-breakfast" 9-10-2012.
[2]
Editor’s Note: The former definition of “dispersed
residential development or subdivision,” which immediately followed
this definition, was repealed 3-11-2019.
[3]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[4]
Editor's Note: The former definition of "junkyard," which
immediately followed this definition, was repealed 7-23-2012.
[5]
Editor’s Note: See 42 U.S.C. § 3601 et seq.
[7]
Editor's Note: The former definition of "slaughtering establishment,"
which immediately followed this definition, was repealed 1-26-2021.
