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City of Biddeford, ME
York County
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In the interpretation and enforcement of this ordinance, all words other than those specifically defined in the ordinance shall have the meaning implied by their context in the ordinance or their ordinarily accepted meaning. In the case of any difference of meaning or implication between the text of this ordinance and any map, illustration, or table, the text shall control.
The word "person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual or any other legal entity.
The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
The words "shall" and "will" are mandatory, the word "may" is permissive.
The word "lot" includes the words "plot" and "parcel."
The word "building" includes the word "structure."
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."
The word "City" or "municipality" means the City of Biddeford, Maine.
The words "governing authority" or "municipal officers" mean the City Council, City of Biddeford, Maine.
Where terms are not defined in this article and are defined in the plumbing, fire prevention, building, or mechanical codes adopted by the City of Biddeford, they shall have the meanings ascribed to them as in those codes.
Where terms are not defined through methods authorized by this section, they shall have their ordinarily accepted meanings such as the context implies.
Where words are construed to have differing meanings, the determination of meaning shall be made by the Code Enforcement Officer, using his judgment and definitions found in the official dictionary, entitled Webster's New Collegiate Dictionary (copyrighted 1979), a copy of which is located in the office of the Building Inspector.
[Ord. of 8-17-1991; Ord. of 5-21-1996; Ord. of 2-4-1997(2); Ord. of 9-15-1998(3); Ord. of 10-6-1998; Ord. of 6-15-1999(2); Ord. of 11-16-1999(1); Ord. No. 2000.19, 4-4-2000; Ord. No. 2000.70, 8-1-2000; Ord. No. 2000.71, 7-24-2000; Ord. No. 2000.68, 4-17-2001; Ord. No. 2001.45, 5-16-2001; Ord. No. 2001.90, § 2, 10-16-2001; Ord. No. 2001.107, 11-20-2001; Ord. No. 2002.3, 1-15-2002; Ord. No. 2003.4, 1-21-2003; Ord. No. 2003.13, 2-4-2003; Ord. No. 2003.58, 6-3-2003; Ord. No. 2003.66, 7-1-2003; Ord. No. 2003.67, 7-1-2003; Ord. No. 2006.13, 3-7-2006; Ord. No. 2006.39, 6-20-2006; Ord. No. 2006.108, 1-2-2007; Ord. No. 2008.79, 10-21-2008]
In this ordinance the following terms shall have the following meanings:
ABUTTER
The owner of any property within 200 feet of the property involved in an application or appeal and/or the owner of any property with one or more common boundaries, or across the street or stream from, the property involved in an application or appeal.
ACCEPTED ENGINEERING PRACTICE
That which complies to accepted principles, tests or standards of nationally recognized technical or scientific authorities.
ACCESSORY DWELLING UNIT (ADU)
A self-contained housing unit incorporated within a single-family dwelling, attached to a single-family dwelling, or in a separate building on the same lot as a single-family dwelling.
[Added 3-7-2017 by Ord. No. 2017.16; amended 6-20-2017 by Ord. No. 2017.57]
ACCESSORY STRUCTURE or USE
A use or structure which is incidental and subordinate to the principal use or structure. Accessory uses, when aggregated, shall not subordinate the principal use of the lot. A deck or similar extension of the principal structure or a garage attached to the principal structure by a roof or a common wall is considered part of the principal structure.
[Amended 2-2-2010 by Ord. No. 2009.98]
ADDICTION TREATMENT FACILITY
Any building, structure, or space whose principal or primary function is the outpatient treatment (i.e. no residency or overnight treatment) of chemically dependent persons, and by which the dispensing or sale of synthetic narcotics attempts to control, suppress, and/or eliminate a person's mental or physical dependence on any illegal or harmful substance. These facilities have no retail sales component associated with the use. Typical uses include methadone clinics and other similar uses. Any use within any zone shall not be interpreted to include addiction treatment facility unless addiction treatment facilities are also permitted or conditional uses in that zone. Addiction treatment facilities shall not be considered as accessory uses in any zone.
ADDITION
An extension or increase in floor area or height of a building or structure.
ADULT BUSINESS
Any business in any use category, a substantial or significant portion of which consists of selling, renting, leasing, exhibiting, displaying or otherwise dealing in materials or devices of any kind which appeal to prurient interests and which depict or describe the following sexual activities:
a.
Human genitals in a state of sexual stimulation or arousal;
b.
Acts of human masturbation, sexual intercourse or sodomy;
c.
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
AGGRIEVED PARTY
An owner of land whose property is directly or indirectly affected by the granting or denial of a permit or variance under this ordinance; 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 2-2-2010 by Ord. No. 2009.98]
AGRICULTURAL PRODUCTS PROCESSING AND STORAGE
The storage of agricultural products in a warehouse or terminal where such materials may be combined, broken down, or aggregated for shipment or storage, and where such products are not chemically or physically changed.
AGRICULTURE
The production, keeping or maintenance for sale or lease of plants and/or animals, including but not limited to, forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, fruits and vegetables; and ornamental and greenhouse products. Agriculture does not include forest management or timber harvesting activities, or the growing of medical marijuana by medical marijuana dispensaries, caregivers or patients.
[Amended 2-2-2010 by Ord. No. 2009.98; 1-17-2017 by Ord. No. 2016.87]
AIRCRAFT APPROACH ZONE
An area that begins 200 feet beyond the ultimate end of a runway and ends 10,200 feet beyond the end of a runway. The approach zone extends in a trapezoidal-shaped area 250 feet each side of the extended center line of the runway 200 feet beyond the ultimate end of the runway and flares to 1,000 feet each side of the projected center line 10,200 feet from the ultimate end of the runway.
[Amended 8-18-2015 by Ord. No. 2015.44]
AIRPORT
A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers.
AIR TRANSPORTATION DEPENDANT USE
Businesses engaged in transportation by air, including airports and flying fields, as well as terminal and other supporting services. Air transportation dependant uses located on airport property are subject to Airport Commission approval, and where applicable, Planning Board approval. Airport-related uses not located on airport property are subject to, where applicable, the Covenants for the Airport Industrial Park, Biddeford Economic Improvement Commission (EIC) review, and Planning Board approval.
AIR TRANSPORTATION RELATED USE
A use that supports airport operations, including, but not limited to, flight instruction (schools), aircraft chartering, automobile renting, and restaurants. Airport-related uses located on airport property are subject to Airport Commission approval, and where applicable, Planning Board approval. Airport-related uses not located on airport property are subject to, where applicable, the Covenants for the Airport Industrial Park, Biddeford Economic Improvement Commission (EIC) review, and Planning Board approval.
ALTERATION
As applied to a building or structure, means change or rearrangement in structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.
ALTERNATIVE TOWER STRUCTURE
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.
AMUSEMENT CENTER
Any private, commercial premises which are maintained or operated primarily for the amusement, patronage, or recreation of the public, containing four or more table sports, pinball machines, video games, or similar mechanical or electronic games, whether activated by coins, tokens, or discs, or whether activated through remote control by the management.
ANIMAL BREEDING OR CARE
The keeping or raising of animals, including domestic animals and pets, for any commercial use, or reimbursement, in money or kind, or other form of profit. This definition also includes kennels.
ANTENNA
Any exterior apparatus designed for telephonic, radio, television, or similar communications through the sending and/or receiving of electromagnetic waves.
APPROVED
Approved by the Code Official or other authority having jurisdiction.
APPURTENANT STRUCTURE
A device or structure attached to the exterior or erected on the roof of a building designed to support service equipment or used in connection therewith, or for advertising or display purposes, or other similar uses.
AQUACULTURE
The growing or propagation of harvestable freshwater, estuarine, or marine plant or animal species.
[Added 2-2-2010 by Ord. No. 2009.98]
AQUIFER
A water-bearing geologic formation capable of yielding a usable amount of ground water to a well.
AREA, BUILDING
The area included within surrounding exterior walls (or exterior walls and firewalls) exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in the building area if included within the horizontal projection of the roof or floor above.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain having a one-percent or greater chance of flooding in any given year, as specifically identified in the flood insurance studies conducted for the City of Biddeford.
ART GALLERY
Floor space devoted to the production, showing or sale of art as defined as "art use." This definition does not include art museums. (See "museum.") An art gallery can also accommodate art classes for no more than 15 students per class.
[Added 4-16-2013 by Ord. No. 2013.24[1]]
ART STUDIO
A facility for art use, as defined below, that is separate from any residential uses. Art studio does not include a space used by the occupant or occupants of a dwelling unit either within that dwelling unit or within an accessory structure on the same property as their dwelling unit for their personal art use.
[Added 4-16-2013 by Ord. No. 2013.24]
ART USE
The production of art or creative work, either written, composed, created or executed, for a one-of-a-kind, limited production, exclusive of any piece or performance created or executed for industry-oriented distribution or related production. Such use may include the fine and applied arts, including painting or other like picture, traditional and fine crafts, sculpture, writing, creating film, creating animation, the composition of music, choreography and the performing arts.
[Added 4-16-2013 by Ord. No. 2013.24]
AUTHORIZED AGENT
An individual or a firm having written authorization to act on behalf of a property owner. The authorization shall be signed by the property owner.
AUTOMOBILE GRAVEYARD
A yard, field or other outdoor area used to store three or more unregistered or uninspected motor vehicles as defined in 29-A M.R.S.A § 101, Subsection 42, or parts of such vehicles. "Automobile graveyard" includes an area used for automobile dismantling, salvage, and recycling operations.
[Added 6-21-2011 by Ord. No. 2011.37[2]]
a.
"Automobile graveyard" does not include:
1.
An area used for temporary storage of vehicles or vehicle parts by an establishment or place of business that is primarily engaged in doing vehicle repair work to make repairs to render a motor vehicle serviceable. In order for a vehicle's storage to be considered temporary, it must be removed from the site within 180 calendar days of its receipt:
2.
An area used by an automobile hobbyist to store, organize, restore, or display antique autos, antique motorcycles, classic vehicles, horseless carriages, reconstructed vehicles, street rods or parts of these vehicles as these vehicles are defined in 29-A M.R.S.A. § 101 as long as the hobbyist's activities comply with all applicable federal and state statutes and rules and municipal ordinances, other than ordinances that are more restrictive than this subsection regarding the storage of vehicles or vehicle parts that are collected by a hobbyist. For the purposes of the subparagraph, an automobile hobbyist is a person who is not primarily engaged in the business of selling any of those vehicles or parts from those vehicles;
3.
An area used for the parking or storage of vehicles, vehicle parts or equipment intended for use by a municipality, quasi-municipality entity or state or federal agency;
4.
An area used for the storage of operational farm tractors and related farm equipment, log skidders, logging tractors or other vehicles exempted from registration under 29-A M.R.S.A., Chapter 5;
5.
An area used for the parking or storage of vehicles or equipment being offered for sale by a dealer, equipment dealer, trailer dealer or vehicle auction business as defined in 29-A M.R.S.A. § 851;
6.
An area used for the storage of vehicles by an establishment or place of business that is primarily engaged in business as a new vehicle dealer as defined in 29-A, M.R.S.A., § 851;
7.
An area used for temporary storage of vehicles by an establishment or place of business that is primarily engaged in business as an insurance salvage pool. In order for a vehicle's storage to be considered temporary under this subparagraph, the vehicle must be removed from the site within 180 calendar days of receipt of title by the business; or
8.
An area used for the parking or storage of operational commercial motor vehicles special equipment or special mobile equipment as defined in 29-A M.R.S.A. § 101 that is temporarily out of service but is expected to be used by the vehicle or equipment owner or by an operator designated by the owner. This subsection does not exempt an area used for the parking or storage of equipment or vehicles that are not operational while stored or parked in the area.
AUTOMOBILE RECYCLING BUSINESS
The business premises of a dealer or a recycler licensed under 29-A M.R.S.A. §§ 851 to 1112 who purchases or acquires salvage vehicles for the purpose of reselling the vehicles for the purpose of resale or for selling the basic materials in the salvage vehicles, as long as 80% of the business premises specified is used for automobile recycling operations.
[Added 6-21-2011 by Ord. No. 2011.37]
a.
"Automobile recycling business" does not include:
1.
Financial institutions as defined in 9-B M.R.S.A. § 131, Subsections 17 and 17-A;
2.
Insurance companies licensed to do business in the state;
3.
New vehicle dealers, as defined in 29-A M.R.S.A. § 851, licensed to do business in the state; or
4.
That portion of the business premises that is used for temporary storage of vehicles by an establishment or place of business that is primarily engaged in business as an insurance salvage pool. In order for a vehicle's storage to be considered temporary under this subparagraph, the vehicle must be removed from the site within 180 days of receipt of title by the business.
AUTOMOTIVE BODY SHOP
A business establishment engaged in rebuilding or reconditioning of motor vehicles, or body, frame or fender straightening and repair, or painting and undercoating, but shall not mean "automotive service/repair," nor the sale of gasoline, other motor fuels, or motor oil.
[Amended 6-21-2011 by Ord. No. 2011.37]
AUTOMOTIVE SALES
See "vehicle sales."
AUTOMOTIVE SERVICE/REPAIR GARAGE
A business establishment engaged in general repair, engine rebuilding, and/or parts replacement. Automotive repair shall not mean "automotive body shop," nor the sale of gasoline, other motor fuels or motor oil.
[Added 6-21-2011 by Ord. No. 2011.37[3]]
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
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 2-2-2010 by Ord. No. 2009.98]
BED-AND-BREAKFAST
A building where an owner or resident manager provides transient lodging and a morning meal and where there are no cooking provisions in any individual guestroom.
[Amended 4-16-2013 by Ord. No. 2013.24]
BOARDINGHOUSE
Any residential structure where lodging and/or meals are provided for compensation for a period of at least one week, and where a family residing in the building acts as proprietor or owner. There shall be no provisions for cooking in any individual guestroom.
BOAT BUILDING AND REPAIR
The use of any building, land area or other premise for the general construction, repair, engine rebuilding, parts replacement, and hull and body reconditioning of boats and other watercraft.
BOATHOUSE
A nonresidential structure designed for the purpose of protecting or storing boats for noncommercial purposes. There shall be no plumbing in the boathouse.
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 2-2-2010 by Ord. No. 2009.98]
BOAT LIVERY
The use of any building, land area or other premise for the storage, care, and/or rental of boats for a fee.
BOAT SALES
Any business which involves a parking or display area for the sale of new or used boats and/or other similar products and services accessory to boat sales. This term shall not apply to private sales or the sale of individual boat or similar products on property provided the seller is not licensed as a dealer for such sales.
BOTTLE CLUB
An establishment or structure where no alcoholic beverages are sold, but where members, guests or customers provide their own alcoholic beverages, paying a fee or other consideration for admission or membership to the bottle club and/or for setups.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy. For application of this code, each portion of a building completely separated from other portions by firewalls complying with BOCA standards shall be considered as a separate building.
BUILDING, ATTACHED
A building having any portion of one or more walls in common or within five feet of an adjacent building.
[Added 3-7-2017 by Ord. No. 2017.16]
BUILDING, DETACHED
A building having five feet or more of open space on all sides.
[Added 3-7-2017 by Ord. No. 2017.16]
BUILDING, EXISTING
Any structure erected prior to the adoption of the appropriate code, or one for which a legal building permit has been issued.
BUILDING HEIGHT
The vertical distance from grade to top of the highest roof beams of a flat roof, or the mean level of the highest gable or slope of a hip roof.
BUILDING INSPECTOR
A person appointed by the municipal officers to administer and enforce this ordinance. The Building Inspector of the City of Biddeford is also referred to as the "Code Enforcement Officer."
BUILDING MATERIAL RETAIL SALES
The use of any building, land area, or other premise for the display and sales of building materials for retail and contractor use.
BULK OIL TERMINAL
The storage of petroleum products in structures for subsequent resale to distributors, retail dealers or other outlets.
BUSINESS SIGN
An attached or freestanding structure which directs attention to a business or profession conducted on the premises. A "for sale" or similar sign shall be deemed a "business sign."
CAMPGROUND
Any area or tract of land to accommodate two or more parties in temporary living quarters for a fee, including, but not limited to tents, recreational vehicles or other shelters.
[Amended 2-2-2010 by Ord. No. 2009.98]
CAR WASH
Any building or premises or portions thereof used for washing of automobiles or similar vehicles.
CELLAR
See "basement."
CEMETERY
Property used for the interring of the dead.
CHANGE OF USE
An alteration by change in use in a building heretofore existing to a new use group which imposes other special provisions of law governing building construction, equipment or means of egress.
CHANNEL
A natural or artificial watercourse with definite beds and banks to confine and conduct continuously or periodically flowing water. Channel flow is water flowing within the limits of the defined channel.
CHURCH
A building or structure, or group of buildings or structures, designed, primarily intended and used for the conduct of religious services, excluding school.
CIVIC CENTER
A building or complex of buildings that house municipal offices and services, and which may include cultural, recreational, athletic, convention and entertainment facilities owned and/or operated by a governmental agency.
CLUB
Any voluntary association of persons organized for social, religious, benevolent, literary, scientific, or political purposes; whose facilities, especially a clubhouse, are open to members and guests only and not the general public; and not engaged in activities customarily carried on by a business or for pecuniary gain. Such term shall include fraternities, sororities, and social clubs generally.
CLUSTER DEVELOPMENT
A development consisting of residential, commercial or industrial units as permitted rezoning, controlled by one developer on a tract of five acres or larger. Cluster developments permit a reduction in dimensional requirements, provided there is not increase in the overall density of development, and the remaining land area is devoted to open space, passive recreation, preservation of environmentally sensitive areas, forest management or agriculture.
COASTAL AREA
That portion of the City of Biddeford which is bounded and described as follows:
East: The waters of the Atlantic Ocean from the thread of the Saco River to the City line with Kennebunkport;
South: Following the City line with Kennebunkport to a point 300 feet westerly of the center line of State Route 9;
West: Following from the point 300 feet westerly of the center line of State Route 9 at the City line with Kennebunkport, thence continuing as a distance of 300 feet westerly, then northerly, of the center line of Route 9 to a point 1,800 feet southerly of the intersection of Newton Road and Pool Road.
North: Following from a point 1,800 feet southerly of the intersection of Newtown Road and Pool Road, thence continuing in an east-northeasterly direction for a distance of 2,900 feet, more or less, to a point being the southeasterly corner of a parcel of property identified on the City of Biddeford Tax Assessor's Map as Map 9, Lot 1, thence continuing in a northerly direction along the easterly line of Map 9, Lot 1 a distance of 900 feet, more or less, to the center line of the Hills Beach Road, thence continuing in the same direction a distance of 1,100 feet, more or less, to the thread of the Saco River.[4]
CODE ENFORCEMENT OFFICER
See "Building Inspector."
COLLEGE
An educational institution authorized by the state to award postsecondary, baccalaureate or higher degrees.
CO-LOCATION
The location of more than one telecommunications facility (use) on a tower or alternative tower structure.[5]
COMMERCIAL GARDENING
Any land area in which plants, vegetables, flowers and similar materials are grown for sale. Commercial gardening does not include the growing of medical marijuana by medical marijuana dispensaries, caregivers, or patients.
[Amended 1-17-2017 by Ord. No. 2016.87]
COMMERCIAL GREENHOUSE
Any structure in which plants, vegetables, flowers and similar materials are grown for sale. Commercial greenhouse does not include the growing of medical marijuana by medical marijuana dispensaries, caregivers, or patients.
[Amended 1-17-2017 by Ord. No. 2016.87]
COMMERCIAL RECREATION
Any commercial enterprise which derives a profit in return for the provision of some recreational activity including but not limited to: campgrounds, racquet and tennis clubs, health facility, amusement parks, golf courses, gymnasiums and swimming pools, etc.
COMMERCIAL SCHOOL
An institution which is operated for profit, but is not authorized by the state to award baccalaureate or high degrees, which offers classes in various skills, trades, professions, or fields of knowledge.
COMMERCIAL USE
The use of lands, buildings, or structures, other than a home occupation, defined below, the intent and result of which activity is the production of income from the buying and selling of goods and/or services, exclusive of rental of residential buildings and/or dwelling units.
[Added 2-2-2010 by Ord. No. 2009.98]
COMMUNITY CENTER
A building which provides a meeting place for local, nonprofit community organizations on a regular basis.
COMMUNITY LIVING USE
A state-approved, authorized, certified or licensed group home, or intermediate care facility for mentally retarded group home, for eight or fewer mentally handicapped or developmentally disabled persons.[6]
COMMUNITY OUTREACH ACTIVITIES
Programs or activities of an educational, community service, recreational, or social nature that are conducted or hosted by a college or university that involve and primarily benefit residents of Biddeford or the greater southern Maine community or that are specifically designed to expose people to the facilities and programs of the institution.
COMMUNITY SERVICES
Any service provided by the municipality, public or semipublic entities: police, fire protection, schools, library, rescue, etc.
CONDITIONAL USE
A use listed as a conditional use in a particular zone, that generally would be appropriate in the zoning district for which it is proposed after review and with certain restrictions and controls to meet the intentions and purposes of this ordinance. Conditional uses are permitted only after review and approval by the Board of Appeals and/or Planning Board.
CONDITIONAL USE PERMIT
A permit authorized by the Planning Board for a conditional use. A conditional use permit may be issued only after the applicant has followed the procedures of this ordinance.
CONDOMINIUM
Real estate, portions of which are designated for separate ownership and the remainder of which are designed for common ownership solely by the owners of those portions under a declaration, or an amendment to a declaration, duly recorded pursuant to Maine law. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Any real estate development consisting exclusively of clustered, detached, single-family residences is not a condominium, unless so designated in the declaration.
CONFORMING
A building, structure, use of land, or portion thereof, which complies with the provisions of this ordinance.
CONGREGATE HOUSING
Dwellings with communal dining facilities and services, such as housekeeping, organized social and recreational activities, transportation services, and/or other support services appropriate for elderly and/or assisted living residents, but not to include nursing home care. Congregate and assisted living housing shall include only those facilities which have been certified by the State of Maine as meeting all certification standards and guidelines for such facilities as promulgated by the Department of Health and Human Services pursuant to the provisions of the Maine State Statutes.
CONSTRUCTED
Built, erected, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction. Excavation, fill, drainage, and the like, shall be considered a part of construction.
CONTRACTOR'S STORAGE YARD
A lot or portion of a lot or parcel used to store and maintain construction equipment and other materials and facilities, owned or used by the occupant who is customarily a construction contractor.
[Added 3-18-2014 by Ord. No. 2014.16]
CONVENTION CENTER
A building or portion thereof, or buildings designed to accommodate people in assembly, exhibits, auditoriums, assembly halls, special events, etc., for commercial purposes.
CRAWL SPACE
The area underneath a structure which may or may not be enclosed, which has walls which are typically part of the structure's foundation and where the height between the ground or floor up to the joists supporting the floor directly above is three feet or less.[7]
DAY-CARE CENTER, ADULT
A building in which a person or persons receive some type of payment to maintain or otherwise carry out a regular program of care for three or more adults who are 19 years of age or older or are legally emancipated minors and are not blood relatives.
[Added 4-3-2012 by Ord. No. 2012.24]
DAY-CARE CENTER, CHILDREN'S
A building in which a person receives some type of payment to maintain or otherwise carry out a regular program of providing care for three or more children under 13 years of age. "Day-care center" does not include any facility operated as a nursery school, a “home day-care,” a summer camp established solely for recreational and educational purposes, or a formal public or private school in the nature of a kindergarten or elementary or secondary school.
[Amended 4-3-2012 by Ord. No. 2012.24]
DAY-CARE HOME, ADULT
A home in which a person or persons receive some type of payment to maintain or otherwise carry out a regular program of care for three or more adults who are 19 years of age or older or are legally emancipated minors and are not blood relatives.
[Added 4-3-2012 by Ord. No. 2012.24]
DAY-CARE HOME, CHILDREN’S
A home in which a person receives some type of payment to maintain or otherwise carry out a regular program of providing care for three to 12 children under 13 years of age who are not the provider's own children.
[Amended 4-3-2012 by Ord. No. 2012.24]
DECK
A level structure attached or adjacent to a building elevated above the surface of the ground which may have a railing, awning or other covering.
DEGREE
A document of achievement at the associate level or higher conferred by a postsecondary educational institution authorized to confer that degree by the State of Maine. It includes educational, academic, literary or professional degrees as well as associate, baccalaureate, masters or doctoral degrees.
DEMOLITION DISPOSAL
Disposal of construction debris and stumps resulting from the clearing of sites for construction.
DENSITY
The number of dwelling or structural units allowed on a given parcel of land based on Tables B and C in Article V of this ordinance.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such land.
DEVELOPMENT
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.
[Amended 2-2-2010 by Ord. No. 2009.98]
DISTRICT
A specified portion of the municipality, delineated on the Official Zoning Map, within which certain regulations and requirements or various combinations thereof apply under the provisions of this ordinance.
DRUG/MEDICAL SUPPLY STORE
A retail store where the primary business is the sales of medical prescriptions, drugs, medical devices, medical supplies, and nonprescription medicines but where nonmedical products may be sold as well provided they do not subordinate the principle medical sales use.
DUPLEX HOUSING
A residential structure designed and built specifically to contain two separate dwelling unit. (This definition comes from Article VI, Section 24)
DWELLING
Any building or structure or portion thereof designed or used for residential purposes. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
[Amended 2-2-2010 by Ord. No. 2009.98]
1. 
Any structure containing only one dwelling unit for occupation by not more than one family, except that a structure may also contain an accessory dwelling unit where expressly authorized pursuant to this ordinance. A detached accessory dwelling unit shall not be considered a single-family dwelling unit for the purposes of this ordinance.
[Amended 3-7-2017 by Ord. No. 2017.16]
2. 
A building containing only two dwelling units, for occupation by not more than two families, neither of which is an accessory dwelling unit.
[Amended 3-7-2017 by Ord. No. 2017.16]
3. 
A building containing three or more dwelling units, not including accessory dwelling units, such buildings being designed exclusively for residential use and occupancy by three or more families living independently of one another, with the number of families not exceeding the number of dwelling units.
[Amended 3-7-2017 by Ord. No. 2017.16]
4. 
A mixed use building containing one or more dwelling units as part of the use thereof but also containing one or more commercial or business uses and/or professional offices. Such term shall not include those rooms used by a night watchman, janitor, or other custodial personnel for the direct benefit of the business activity.
5. 
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, and be designed for and used or held ready for use as a permanent residence by one family. 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.
[Amended 1-3-2017 by Ord. No. 2016.114]
EASEMENT
A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or other person or entity.
ENERGY-PRODUCING RESOURCE RECOVERY FACILITY
A facility, whether publicly or privately owned, which is fueled in whole or in part by municipal solid waste, including but not limited to domestic, commercial, industrial or other types of wastes, and converts such fuel into usable energy.
ESSENTIAL SERVICES
Gas, electrical or communication facilities; steam, fuel, electric power or water transmission or distribution lines, towers and related equipment; telephone cables or lines, poles and related equipment; gas, oil, water, slurry or other similar pipelines; municipal sewage lines, collection or supply systems; and associated storage tanks. Such systems may include towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar accessories. In a Shoreland Zone, essential services shall not include service drops, buildings which are necessary for the furnishing of essential services, telecommunications facilities, or small wind energy systems. Essential services shall be exempt from the dimensional requirements in Article V, Section 6A and Article V, Section 7.
[Amended 1-16-2018 by Ord. No. 2018.3]
EXPANSION OF STRUCTURE
An increase in the floor area or volume of a structure, including all extensions such as, but not limited to, attached: decks, garages, porches and greenhouses.
EXPANSION OF USE
For areas not within a Shoreland Zone, "expansion of use" is an increase in the amount of area devoted to a particular use. "Expansion of use" for areas within a Shoreland Zone is as defined in Article XIV.
[Amended 9-17-2009 by Ord. No. 2009.73; 2-2-2010 by Ord. No. 2009.98]
EXPERIMENTAL RESEARCH AND TESTING LABORATORY
A facility for carrying on investigation in the natural, physical or social sciences, which may include engineering and product development, usually associated with wet labs or places with running water, gases, special ventilation devices, chemicals, special heating and electrical or electronic equipment, or use of animals or human subjects under controlled conditions.
EXTRACTIVE INDUSTRIES
The excavation, processing or storage of soil, topsoil, peat, loam, sand, gravel, rock or other mineral deposits, not including:
[Amended 2-2-2010 by Ord. No. 2009.98]
1. 
The excavation of material incidental to the site of approved construction of buildings, driveways or parking areas;
2. 
The excavation of material incidental to the site of construction or repair of streets; and
3. 
The excavation, processing or storage of less than 100 cubic yards of material on a lot within a one-year period.
4. 
Filling and earthmoving with a Shoreland Zone which is governed by the provisions contained in Article XIV.
FAA
Federal Aviation Administration.
FAMILY
One or more persons occupying a dwelling and living as a single housekeeping unit.
[Amended 2-2-2010 by Ord. No. 2009.98]
FARM STANDS
A structure for the display and sale of farm produce grown on the property where the structure is located.
FCC
Federal Communications Commission.
FILLING
Depositing or dumping any matter on or into the ground or water.
FINANCIAL INSTITUTIONS
Savings and lending establishments, including but not limited to banks, savings and loan institutions, and credit unions.
FIRE/POLICE STATION
A building used as a municipal or municipal volunteer fire or police facility.
FIREWOOD PROCESSING
The processing including but not limited to the cutting, storage and delivery of wood and/or wood products for home or other purposes.
FISHERIES PROCESSING/STORAGE
The processing including but not limited to the raising, storage, packaging, and delivery of fish and/or seafood products.
FISHERIES, SIGNIFICANT
Areas identified by a governmental agency such as the Maine Department of Inland Fisheries and Wildlife, Atlantic Salmon Authority, Maine Department of Marine Resources, or City of Biddeford Comprehensive Plan as having significant value as fisheries.
FITNESS CENTER
A building or part of a building devoted to exercise of the mind, body and spirit, including use of fitness equipment and conducting fitness classes.
FLOOD
A temporary rise in stream flow or tidal surge that results in water overflowing its banks and inundating adjacent areas.
[Amended 2-2-2010 by Ord. No. 2009.98]
1. 
The official map on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the City of Biddeford.
2. 
Any normally dry land area that is susceptible to being inundated by water from any natural source. This area is usually low land adjacent to a river, stream, watercourse, ocean or lake.
3. 
The maximum known flood of a body of water; either the one-hundred-year frequency flood, where calculated, or the flood of record.
4. 
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 more than one foot in height.
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.[8]
[Added 9-17-2009 by Ord. No. 2009.73; amended 2-2-2010 by Ord. No. 2009.98]
FOOTPRINT
The total number of square feet of horizontal surface covered by a building and/or structure, including steps, porches, and decks.[9]
[Added 9-17-2009 by Ord. No. 2009.73; amended 2-2-2010 by Ord. No. 2009.98]
FORESTRY
The operation of timber tracks, tree farms, forest nurseries, the gathering of forest products, or the performance of forest services.[10]
1. 
The horizontal, straight-line distance between the intersections of the side lot lines with the road right-of-way of a publicly or privately maintained road which is a commonly traveled thoroughfare open to the public but not including private driveways.
2. 
Frontage, cul-de-sac: Frontage for lots fronting on a cul-de-sac shall be the straight line distance between the intersection of the side lot lines with the right-of-way, measured from a point equal to the required setback from the right-of-way and parallel to the right-of-way. In any case, the minimum frontage at the right-of-way shall be at least 50 feet.
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" (as defined in Article XIV). In the Shoreland Zoning Ordinance this is the same as "shore frontage."
[Amended 2-2-2010 by Ord. No. 2009.98]
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 and inland waters and which cannot be located away from these waters. The uses include, but are not limited to commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat-building facilities, marinas, navigation aides, basins and channels, industrial uses dependent upon waterborne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to coastal or inland waters.
[Amended 2-2-2010 by Ord. No. 2009.98]
FUNERAL PARLOR
A building used for the preparation of the deceased for burial and the display of the deceased and ritual connected with burial or cremation.
GARAGE, PRIVATE
An accessory building, or part of a principal building, including a carport, used primarily for the storage of motor vehicles, and/or other private property. For the computation of parking spaces, garages shall not be considered unless vehicles parked within may be moved without necessitating the movement of other resident vehicles.
GARAGE, PUBLIC
Any building or premises used for equipping, repairing, hiring, selling or storing motor vehicles, and at which motor vehicle fuels, oils, tires and supplies may be sold.
GASOLINE SERVICE STATION
Any place of business at which primarily gasoline, other motor fuels or motor oil is sold to the public for use in a motor vehicle, regardless of any other business on the premises.
GOLF COURSE
A tract of land out for at least nine holes for playing the game of golf and developed with tees, greens, fairways, hazards, and other golf associated items, which may include a clubhouse and shelter, but not including miniature golf courses.
GOVERNMENTAL BUILDING
Any building held, used, or controlled exclusively for public purposes by any department or branch of government, federal, state, county, or municipal, without reference to ownership of the building or of the realty upon which it is situated.
GRAVEL PIT
An open land area where sand, gravel, and/or rock fragments are mined, excavated, or processed.
GROUP HOME
A housing facility for eight or fewer mentally or physically handicapped, or developmentally disabled persons which is approved, authorized, certified or licensed by the state.
HALF STORY
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than one-half of the floor area is finished off for use.
HARDSHIP
See "undue hardship."
HAZARDOUS MATERIAL
Any gaseous, liquid or solid materials, either in pure form or incorporated into other materials, according to current guidelines of the United States Environmental Protection Agency, or substances designated as hazardous by the United States Environmental Protection Agency and/or the Maine Department of Environmental Protection.
HEIGHT OF TOWER
The overall height of the tower from the ground level at the base of the tower to the highest point of the tower including, but not limited to antennas, transmitters, satellite dishes or any other structures affixed to or placed on the tower.[11]
HISTORIC OR ARCHAEOLOGICAL RESOURCES
Areas identified by a governmental agency such as the Maine Historic Preservation Commission or by the City of Biddeford Comprehensive Plan as having significant value as a historic or archaeological resource.
HOME OCCUPATION
An occupation or profession which is customarily conducted on or in a residential structure or property and which is 1) clearly incidental to and compatible with the residential use of the property and surrounding residential uses; and 2) which employs no more than two persons other than family members residing in the home; and 3) which complies with the performance standards outlined in Article VI, Section 38, of this ordinance. An art gallery may be considered as a home occupation. A business that requires leaving a vehicle for service and/or repair for over 24 hours either on the street or on the property is not considered a home occupation. Auto repair garages, towing businesses, auto storage, or any other use related to vehicle care is not considered a home occupation. Day-care home and day-care facilities are not considered a home occupation but a business to be reviewed through the conditional use and site plan standards as outlined in this Code.
[Amended 2-2-2010 by Ord. No. 2009.98; 4-16-2013 by Ord. No. 2013.24]
HOSPICE
An establishment or a program that provides for the physical and emotional needs of terminally ill patients.
HOSPITAL
An institution providing, but not limited to, overnight health services, primarily for inpatients, and medical or surgical care for the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central services facilities, and staff offices.
HOTEL/MOTEL
A commercial building or group of buildings built to accommodate for a fee travelers and other transient guests who are staying for a limited duration with sleeping rooms or other rooms, with or without cooking facilities, each rental unit having its own private bathroom and its own separate entrance leading either to the outdoors or to a common corridor or hallway. A hotel may include restaurant facilities where food is prepared and meals served to its guests and other customers.
HOUSEHOLD PET
A tame or domesticated small animal such as a cat or dog living primarily within a dwelling unit and kept for the enjoyment of its occupants.
INDOOR THEATER
A building or portion of a building devoted to showing motion pictures or for dramatic, dance, musical, mechanical or other live performances.[12]
[13]
JUNKYARD
A yard, field, or other outside area used to store, dismantle or otherwise handle:
[Amended 6-21-2011 by Ord. No. 2011.37]
1. 
Discarded, wornout or junked plumbing, heating supplies, electronic or industrial equipment, household appliances and furniture;
2. 
Discarded, scrap and junked lumber; and
3. 
Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste and all scrap iron, steel and other scrap ferrous or nonferrous material.
KENNEL
An establishment in which more than three dogs or three cats, owned singly or jointly, and living on a single premises, for any purpose. This definition shall not apply to dogs or cats under the age of six months.
KENNEL, BOARDING
Any place, building, tract of land, abode, or vehicle wherein or whereon privately owned dogs and other pets, or both, are kept for their owners in return for a fee. This shall also include the temporary keeping of animals purposes in return for a fee.[14]
LIBRARY
A public institution in which literary and artistic materials, such as book, periodicals, newspapers, pamphlets, and prints, are kept for reading or reference.
LOT
A portion or parcel of land considered as a unit.
a.
CORNER LOT — A lot with two adjacent sides abutting upon streets or other public spaces.
b.
INTERIOR LOT — A lot which faces on one street or with opposite sides on two streets.
LOT AREA
For areas not within a Shoreland Zone, "lot area" is the total horizontal area within the lot lines. "Lot area" for areas within a Shoreland Zone is as defined in Article XIV.
[Amended 2-2-2010 by Ord. No. 2009.98]
LOT, COVERAGE
The percentage of a lot covered by all buildings and impervious surfaces.
1. 
a. 
The line separating the lot from a street or right-of-way.
b. 
The line separating the lot from either street or right-of-way.
2. 
The lot line opposite the front lot line. On a lot pointed at the rear, the rear lot line shall be an imaginary line between the side lot lines parallel to the front lot line, not less than 10 feet long lying farthest from the front lot line. On a corner lot, the rear lot line shall be opposite the front lot line of least dimension.
3. 
Any lot line other than the front lot line or rear lot line.
LOT OF RECORD
A parcel of land, a legal description of which or the dimensions of which are recorded on a document or map on file with the county register of deeds. This lot must be legally existing as a separate lot as of the date of adoption of this ordinance.
LOT, SHOREFRONT
Any lot abutting a body of water.
LOT, THROUGH
Any interior lot having frontages on two more or less parallel streets or rights-of-way or between a street and a body of water, or a right-of-way and a body of water, or between two bodies of water, as distinguished from a corner lot. All sides of through lots adjacent to streets, rights-of-way, and bodies of water shall be considered frontage, and front yards shall be provided as required.
LOT WIDTH
The distance between the side boundaries of the lot measured at the front setback line.
MAJOR RIGHT-OF-WAY, PRIVATE
The private right-of-way which provides access to a lot or parcel of land.
Where two or more private rights-of-way provide or have the potential of providing access, the major right-of-way shall be the one on which the greater number of vehicles generally travel or have the potential of traveling. Where a public and a private right-of-way have the potential for providing access, the major right-of-way shall be the public right-of-way.
MAJOR RIGHT-OF-WAY, PUBLIC
The public right-of-way which provides direct access to a lot or parcel of land.
Where two or more public rights-of-way provide or have the potential of providing access, the major right-of-way shall be the one on which the greater number of vehicles generally travel. Where a public and private right-of-way provide or have the potential for providing access, the major right-of-way shall be the public right-of-way.
MANUFACTURED HOUSING
See Article VI, Section 45.
MANUFACTURING
The making of goods and articles by hand or machinery including assembly, fabrication, finishing, packaging and processing.
1. 
A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.
2. 
A use engaged in basic processing and manufacture of material or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
MARIJUANA
As defined in State Administrative Rules (10-144 CMR Chapter 122), § 1.17, Marijuana.
[Added 1-17-2017 by Ord. No. 2016.87]
MARINA
A business establishment having frontage on navigable water and, as its principal use, providing for hire off-shore moorings or docking facilities for boats, and which may also provide accessory services such as boat and related sales, boat repair and construction, indoor and outdoor storage of boats and marine equipment, bait and tackle shops and marine fuel service facilities.
[Amended 2-2-2010 by Ord. No. 2009.98]
MARINE SERVICES
Services for marine activities such as boat storage, boat launching, the sales of supplies and services for watercraft and/or their equipment or accessories.
MEDICAL MARIJUANA
Marijuana that is acquired, possessed, cultivated, manufactured, used, delivered, transferred or transported to treat or alleviate a qualifying patient's debilitating medical condition or symptoms associated with the qualifying patient's debilitating medical condition.
[Added 1-17-2017 by Ord. No. 2016.87]
MEDICAL MARIJUANA CAREGIVER
A person, licensed hospice provider or licensed nursing facility that is designated by a qualifying patient to assist the qualifying patient with the medical use of marijuana in accordance with state law. A person who is a medical marijuana caregiver must be at least 21 years of age and may not have been convicted of a disqualifying drug offense.
[Added 1-17-2017 by Ord. No. 2016.87]
MEDICAL MARIJUANA DISPENSARY
A not-for-profit entity registered pursuant to state law that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses marijuana, paraphernalia or related supplies and educational materials to qualifying patients and the primary caregivers of those patients. Note that a dispensary may be either a single facility, or it may be divided into two separate but related facilities where growing is done at only one of the facilities. This shall be considered a commercial land use.
[Added 1-17-2017 by Ord. No. 2016.87]
MEDICAL MARIJUANA GROWING FACILITY
A facility used for cultivating, processing, and/or storing medical marijuana by one or more medical marijuana caregiver(s) at a location which is not the medical marijuana caregiver's primary year-round residence or his or her patient's primary year-round residence. This shall be considered a commercial land use.
[Added 1-17-2017 by Ord. No. 2016.87]
MEDICAL MARIJUANA HOME PRODUCTION
Cultivating, processing and/or storing of medical marijuana by a qualifying patient at his or her own residence or a medical marijuana caregiver at his or her own primary year-round residence for use by a qualifying patient. This use shall be considered an accessory land use.
[Added 1-17-2017 by Ord. No. 2016.87]
MEDICAL MARIJUANA LAND USES
Any of three types of land uses, defined herein, that cover the full range of options for lawful cultivating, processing, storing and distributing medical marijuana.
[Added 1-17-2017 by Ord. No. 2016.87]
MOBILE HOME
See "manufactured housing."
MOBILE HOME PARK
A plot of land laid out to accommodate at least three mobile homes for commercial purposes, on a parcel of land with a minimum of 25 acres.
MOBILE HOME SPACE
A plot of ground within a mobile home park designed for the accommodation of one mobile home.
MOTEL
See "hotel."
MUNICIPAL RECREATION FACILITY
A recreation facility owned and operated by the City of Biddeford and open to the general public.
MUNICIPAL USE
A municipal entity funded in whole or in part by the City of Biddeford including, by way of illustration and without limitation, municipal buildings, public schools, public parks, public recreational facilities and fire stations.
1. 
An institution for the acquisition, preservation, study, and exhibition of works of artistic, historical, or scientific value.
2. 
An institution devoted to the procurement, care, study and display of objects of lasting interest or value.
[Added 4-16-2013 by Ord. No. 2013.24]
NATURAL AREAS AND NATURAL COMMUNITIES, UNIQUE NATURAL AREAS AND NATURAL COMMUNITIES
Areas identified by a governmental agency such as the Maine Department of Conservation Natural Areas Program, or by the City of Biddeford Comprehensive Plan, as having significant value as a natural area.
NEIGHBORHOOD CONVENIENCE STORE/SERVICE
A store or service business of less than 1,500 square feet of total area intended to service the convenience of a residential neighborhood primarily with the sale of merchandise, including, but not limited to, basic foods, prepared foods to go, newspapers, emergency home repair articles, and other household items and/or services, including, but not limited to, Laundromats, dry cleaners, beauty salons, business and educational services, financial services, and tailoring. Services such as building, electrical, plumbing, and landscape contracting are not considered "neighborhood services." Motor vehicle service and repair is not included and is defined separately.
[Amended 4-16-2013 by Ord. No. 2013.24]
NET RESIDENTIAL ACREAGE
The net acreage of a parcel or site that is generally suitable for development in its natural state. Net residential acreage shall be determined by subtracting unsuitable and marginal areas from the gross area of the parcel, as set forth in Article VI, Section 44 of this ordinance.
NET RESIDENTIAL DENSITY
The number of dwelling units per net residential acre.[15]
NONCONFORMING CONDITION
A nonconforming lot, structure or use which is allowed solely because it was in lawful existence at the time this ordinance or subsequent amendment took effect:
[Added 9-17-2009 by Ord. No. 2009.73; amended 2-2-2010 by Ord. No. 2009.98]
NONCONFORMING LOT
A single lot of record which, at the effective date of adoption or amendment of this ordinance, does not meet the area, frontage, or width requirements of the district in which it is located.
[Added 9-17-2009 by Ord. No. 2009.73; amended 2-2-2010 by Ord. No. 2009.98]
NONCONFORMING STRUCTURE
A structure which does not meet any one or more of the following dimensional requirements; setback, height, or lot coverage, but which is allowed solely because it was in lawful existence at the time this ordinance or subsequent amendments took effect.
[Added 9-17-2009 by Ord. No. 2009.73; amended 2-2-2010 by Ord. No. 2009.98]
NONCONFORMING USE
Use of buildings, structures, premises, land or parts thereof which is not allowed in the district in which it is situated, but which is allowed to remain solely because it was in lawful existence at the time this ordinance or subsequent amendments took effect.
[Added 9-17-2009 by Ord. No. 2009.73; amended 2-2-2010 by Ord. No. 2009.98]
NURSING HOMES
A privately operated establishment licensed by the State of Maine Department of Health and Human Services, where maintenance and personal or nursing care are provided for persons who are unable to care for themselves.
OFFICES, BUSINESS AND PROFESSIONAL
The place of business of doctors, lawyers, accountants, financial advisors, architects, surveyors, real estate and insurance businesses, psychiatrists, counselors, and the like or in which a business conducts its administrative, financial or clerical operations including banks and other financial services, but not retail sales nor activities utilizing trucks as part of the business operation.
OLDER MOBILE HOMES, TRAILERS
"Older mobile homes" and "trailers" are terms that may be used interchangeably, and mean any factory-built home which fails to meet the definition of "manufactured housing" as defined above and more specifically, it shall mean any mobile home constructed prior to June 15, 1976.
OPEN SPACE
Any area of land or water set aside, dedicated, designated or reserved in a development for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space shall be used for recreation, protection of natural resource areas, passive amenity, forest management or agriculture; be accessible to all residents of the development, except where used for agricultural or forest management purposes, or the preservation of sensitive natural resources; and be accessible to the public, if accepted by a public agency. Open space shall not be occupied by nonrecreational buildings or parking, and shall not include required lot areas of dwelling units.
OUTDOOR ADVERTISING SIGN
An attached or freestanding structure conveying some information, knowledge, or idea to the public.
PARKING GARAGE
A structure consisting of one to four levels, above grade, for the temporary parking of motor vehicles.
PARKING LOT
A designated area for the temporary parking of motor vehicles.
PARKING SPACE
An unobstructed space or area on a lot and/or within a building intended for the use of temporary parking of a motor vehicle. This term shall include "parking stall." Typically a parking space shall measure at least 9 by 18 feet. This area shall be exclusive of drives, aisles or entrances, fully accessible for the storage or parking of vehicles.
PARKS AND RECREATION
Noncommercially operated recreation facilities open to the general public including, but not limited to playgrounds, parks, monuments, green strips, open space, miniparks, athletic fields, boat launching ramps, piers and docks, picnic grounds, swimming pools, and wildlife and nature preserves, along with any necessary accessory facilities, restrooms, bathhouses, and the maintenance of such land and facilities. The term shall not include campgrounds, or commercial recreation and amusement centers.
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. The term shall not include driveways or walkways.
PERFORMING ARTS/THEATER
A building or part of a building devoted to showing motion pictures or for dramatic, dance, musical or other live performances.
PERMITTED USE
Uses which are listed as allowed uses in the various districts set forth in this ordinance. The term shall not include conditional uses or prohibited uses.
[Amended 2-2-2010 by Ord. No. 2009.98]
1. 
Structures which remain in or over the water for less than seven months in any period of 12 consecutive months.
2. 
Structures which remain in or over the water for seven months or more in any period of 12 consecutive months.
PLANNED UNIT DEVELOPMENT
An area of contiguous or noncontiguous size, planned, developed, operated, and maintained as a single entity and containing one or more structures to accommodate retail, service, commercial, industrial, office, and residential uses or a combination of such uses (i.e. mixed uses), and appurtenant common areas and accessory uses, customary and incidental to the predominant uses.
PLANNING BOARD
The Planning Board of the City of Biddeford.
POND
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.
PREEXISTING ACCESSORY USE TOWERS/ANTENNAS
Existing communications towers/antennas and alternative tower structures, which have been installed as an accessory use to a permitted use in the district in which it is located as of the date of the first public hearing on this zoning amendment. Enlargements of preexisting accessory use towers/antennas beyond the threshold height of 125 feet shall be considered a telecommunications facility and must conform to the regulations of this section.
PRIMARY RESIDENCE
A building in which is conducted the principal use of the lot on which it is located. For residential lots, such a building would be a dwelling.
[Added 3-7-2017 by Ord. No. 2017.16; amended 6-20-2017 by Ord. No. 2017.57]
PRINCIPAL STRUCTURE
A building other than one which is used for purposes wholly incidental or accessory to the use of another building or use on the same premises.
[Amended 2-2-2010 by Ord. No. 2009.98]
PRINCIPAL USE
A use other than one which is wholly incidental or accessory to another use on the same premises.
[Added 2-2-2010 by Ord. No. 2009.98]
PRIVATE WAY
A privately owned and maintained right-of-way meeting the City's road construction standards as specified in Article VI, Section 51, of the performance standards, or in Chapter 62 (Streets, Sidewalks and Other Public Places) as required by the City Engineer.
PUBLIC BUILDING
See "governmental building."
PUBLIC FACILITY
Any facility, including, but not limited to, buildings, property, recreation areas, and roads, which are owned, leased, or otherwise operated, or funded by a governmental body or public entity.
[Added 2-2-2010 by Ord. No. 2009.98]
PUBLISHING/PRINTING
The production, processing, and preparation for sale of printed materials by means of inked type and a printing press or by similar means.
RECREATIONAL VEHICLE
A vehicle or an attachment to a vehicle designed to be towed, and designed for temporary sleeping or living quarters for one or more persons, and which may include a 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 the State Division of Motor Vehicles.
RECYCLING
The collection, separation, recovery and sale or reuse of materials that would otherwise be disposed of or processed as waste or the mechanized separation of waste, other than through combustion, and the creation and recovery of reusable materials other than as a fuel for any purpose or as landfill. This term does not include the processing or handling of construction and demolition debris for any purpose nor does it include activities related to redemption centers.
[Added 8-3-2010 by Ord. No. 2010.70; amended 6-21-2011 by Ord. No. 2011.37]
RECYCLING FACILITY
Land and buildings used for the recycling of solid or liquid waste. "Recycling facility" does not include a redemption center.
[Added 8-3-2010 by Ord. No. 2010.70; amended 6-21-2011 by Ord. No. 2011.37]
REDEMPTION CENTERS
Facilities used primarily for processing bottles, cans, and other similar items returned for deposit.
REHABILITATION FACILITY
A facility used primarily for therapy and education of disabled persons, as defined by the Maine Human Rights Act, 5 M.R.S.A. § 4551 et seq.
RESOURCE RECOVERY FACILITY
A facility, whether publicly or privately owned, which is fueled in whole or in part by municipal solid waste, including but not limited to domestic, commercial, industrial or other types of wastes, and which converts such fuel into usable energy.
RESTAURANT
An establishment where meals are prepared and served to the public for consumption.
RESTAURANT, FAST-FOOD
An establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service or prepared, fried or griddled quickly or heated in a device such as a microwave. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers. Project must comply with architectural standards in Article VI if it is in any of the MSRD Zones, and drive-thrus are not permitted in MSRD Zones.
RETAIL BUSINESS
Any business engaged in sales and related services to the ultimate consumer for direct consumption and/or use, and not for resale. For purposes of this chapter, eating and drinking places, auto sales, motor vehicle service and repair and gasoline sales are not considered as a retail business and are defined separately.
RIGHT-OF-WAY
All land that includes public or private streets, state and federal highways, private ways (now called public easements), or public land reservations for the purpose of access, including utility rights-of-way.
RIVER
Any free-flowing body of water, including its associated floodplain wetlands from that point at which it provides drainage for a watershed of 25 square miles to its mouth.
[Amended 2-2-2010 by Ord. No. 2009.98]
ROAD
See "street," "right-of-way," or "private way" definitions.
ROOMING HOUSE
Same as "boarding home."
SAWMILL
A place of business where lumber is processed.
SCHOOLS, COMMERCIAL
A private institution or establishment that functions primarily to teach or instruct, for a fee, special skills or subjects, that do not necessarily result in state required educational requirements. Examples of this would include a gymnastics school, driving school, etc.
SCHOOLS, PUBLIC AND PRIVATE
Primary and secondary schools, or parochial schools, which teaches courses of study which are sufficient to qualify attendance in compliance with state compulsory education requirements.
SELF-STORAGE FACILITIES
A structure containing separate, individual, and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time.
SERVICE BUSINESS
A business that provides services to the public for compensation, either on or off the premises. Uses include, but are not limited to, beauty salons, building, electrical, plumbing and landscape contracting, business and educational services, financial services, catering, cleaning services, locksmith, photocopying, repair and restoration services, bicycle repair shop, tailoring, typing and word processing. Motor vehicle service and repair is not included and is defined separately.
SERVICE CORRIDORS
Rights-of-way, easements, or land in public or private ownership, for the location of essential services.
SETBACK, BUILDING
The minimum horizontal distance from a lot line to the nearest part of a building, including porches, steps, and railings.[16]
SHOPPING CENTER
Any concentration of two or more retail stores or service establishments under one ownership or management on a single lot or abutting/adjoining property.
SHORELAND ZONE
See Article XIV.
[Amended 2-2-2010 by Ord. No. 2009.98]
SIGN
An object, device or structure, or part thereof, situated outdoors or indoors, which is 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.
1. 
A structure 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. A billboard is deemed not to be a sign as otherwise defined herein.
2. 
A sign, or group of signs, supported by one or more uprights or braces permanently affixed into the ground. Also referred to as a "pole sign."
3. 
A sign not designed or intended to be permanently affixed into the ground or to a structure. This type of sign is considered to be used and considered as a temporary sign.
4. 
A sign located upon or over a roof of a building.
5. 
A sign suspended from a structure, generally hanging over a right-of-way such as a sidewalk.
6. 
A sign or advertising display designed and intended to be displayed or displayed for a short period of time not to exceed 45 days. A temporary sign may or may not include portable signs, but does include banners.
[Amended 4-16-2013 by Ord. No. 2013.26]
7. 
A sign attached or painted, or molded permanently to a wall or structure.
8. 
Any mobile or temporary sign or sign structure, not securely attached to the ground or to any other structure.
9. 
An on-site nontemporary sign that uses computer-generated messages or some other electronic means of changing copy. EMCs include displays using incandescent lamps, LEDs, LCDs, or a flipper matrix.
[Added 4-16-2013 by Ord. No. 2013.26]
10. 
A sign in a window visible from a public way or sidewalk and located either affixed to the window by any means or located inside the building within three feet of a window pane that includes any writing (letters, words, or numerals).
[Added 4-16-2013 by Ord. No. 2013.26]
11. 
As specified in 23 M.R.S.A. § 1908-A, a bus shelter sign is any outdoor sign visible to the traveling public from a public way that is affixed to a publicly owned bus shelter where a public transport bus stops for the purpose of allowing passengers to board and/or leave the bus.
[Added 4-16-2013 by Ord. No. 2013.26]
SIGN AREA
The entire area within a continuous perimeter, enclosing the extreme limits of a sign display, including any frame or border. The calculation of sign area for a double-faced sign shall be the area of one face only. Double-faced signs shall be constructed so that the perimeter of both faces coincide and are parallel and not more than 24 inches apart.
SMALL WIND-ENERGY SYSTEM (SWES)
See Article V, Section 75.
[Added 2-2-2010 by Ord. No. 2009.98]
STORAGE OF BULK GASEOUS FUELS
The storage of gaseous fuels, chemicals, or other materials of a similar nature in structures for subsequent resale to distributors, retailer dealers, or other outlets.
STREET
An existing state, county, town or private right-of-way or a right-of-way dedicated for public use and shown upon a plan duly approved by the Planning Board, accepted by Council, and recorded in the York County Registry of Deeds or a right-of-way dedicated for public use and shown on a plan duly recorded in the York County Registry of Deeds prior to the establishment of the Planning Board; or roads historically in use and accepted by the City. The term "street" shall not include those ways which have been discontinued or abandoned.
STRUCTURE
Anything built for the support, shelter, or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground, including decks, stacks, satellite dishes, and antennas, exclusive of fences, and poles, wiring and other aerial equipment normally associated with service drops as well as guying and guy anchors, as well as sidewalks, driveways, parking lots, and field or garden walls or embankment retaining walls.
[Amended 2-2-2010 by Ord. No. 2009.98]
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or for any alteration of a structure listed on the National Register of Historic Places or a state inventory of historical places.
SWIMMING POOL
An outdoor man-made receptacle or excavation designed to hold water to a depth of at least 24 inches, primarily for swimming or bathing, whether in the ground or above the ground.
TAKEOUT RESTAURANT
An establishment primarily devoted to the following: a place where meals and food are prepared for immediate consumption either on or off of the premises or a place where service is provided to customers either in their motor vehicles or on foot outside of the building.
TELECOMMUNICATIONS FACILITY
Any structure, antenna, tower, or other device which provides radio/television transmission, commercial mobile wireless services, unlicensed wireless services, cellular phone services, specialized mobile radio communications (SMR), common carrier wireless exchange access services, and personal communications service (PCS) or pager services. Telecommunications facilities shall be considered a principal use. Preexisting accessory use towers/antennas shall be exempt from this definition.
TENTING GROUND
See "campground."
THOROUGHFARE
A place of passage from one location to another.
THRESHOLD HEIGHT
The height, as defined above, below which a telecommunications facility does not need review and approval as a conditional use, unless otherwise noted herein.
TIMBER HARVESTING
The cutting and removal of timber for the primary purpose of selling or processing forest products.
[Amended 2-2-2010 by Ord. No. 2009.98]
TOWER
Any structure, whether freestanding or in association with a building or other permanent structure, that is designed and constructed primarily for the purposes 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
TRAILER
Any towed, nonmotorized vehicle used for the following purposes:
TRAVEL TRAILER — Any towed vehicle used or so constructed as to permit its being used as a temporary dwelling for travel, recreation and vacation use. This term shall include but not be limited to camper, camper-trailer and all other similar short-term shelter devices.
UTILITY TRAILER — A towed vehicle used or so constructed as to permit its being used to carry/contain cargo. This type of vehicle shall not be used for any dwelling purposes.
OFFICE TRAILER — A towed vehicle used or so constructed to permit its being used as a temporary, mobile office used in conjunction with construction of major projects such as roadways or large building projects. These units shall not be used for dwelling purposes and shall be removed from the site when the specific project is complete.
TRAILER PARK
See "campground" or "mobile home park."
TRANSPORTATION FACILITY
Firms or businesses associated with furnishing passenger transport including bus terminals, taxi stations, water taxis, passenger rail stations, passenger transportation charter service, and other similar services.
a.
LIGHT TRUCKING — A business establishment engaged primarily in the transportation of goods and services in vehicles having no more than four wheels, and requiring a Maine driver's license of no greater level than Category 3, and where the cargo bed or enclosure is an integral part of the truck body.
b.
HEAVY TRUCKING — Businesses involving the use of vehicles requiring operators to have Maine drivers' licenses beyond category.
c.
This definition shall not include bus operations.
TRUCKING DISTRIBUTION TERMINAL
An area or building where trucks load and unload cargo and freight, and where cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
TWO-FAMILY HOUSING
Existing structure with an added residential unit or converted to contain two residential units. (This definition comes from Article VI, Section 24)
UNDUE HARDSHIP
As used in this ordinance, the words "undue hardship" shall mean all of the following:
1. 
That the land in question cannot yield a reasonable return unless a variance is granted; and
2. 
That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood; and
3. 
That the granting of a variance will not alter the essential character of the locality; and
4. 
That the hardship is not the result of action taken by the applicant or a prior owner; and
5. 
Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of this ordinance.
A variance is not justified unless all elements are present in the case. See also Article IX (Board of Appeals) of this ordinance.
UNIVERSITY/COLLEGE
A postsecondary educational institution that is part of the University of Maine System or the Maine Technical College System or that is authorized by the laws of the State of Maine to grant degrees.
UNIVERSITY USES
Facilities, programs, services, or activities conducted by or hosted by a college or university that:
1. 
Are consistent with the institution's mission, and
2. 
Involve or support educational, extracurricular, research, service, or community outreach activities, and
3. 
If located in an institutional zone, are consistent with the most recent institutional master plan approved by the Planning Board.
University uses includes ancillary and support services such as health clinics, parking lots, bookstores, day care centers, snack stands, and similar facilities that primarily serve university faculty, staff, and/or students. University uses also include residential uses that provide housing, dining, and related facilities for staff, faculty, students, and participants in programs and activities conducted or hosted by the institution but shall not involve providing accommodations to the general public or for people who are not involved in university related programs or activities nor any use that would be classified as a hotel or motel under the provisions of this ordinance. University uses may be provided or operated directly by the university or on a contract basis.
USE
The manner in which land or a structure is arranged, designed or intended, or is occupied.
USED MERCHANDISE SALES
The indoor or outdoor short-term sale of used articles, conducted for more than five consecutive days or for more than two weekends during the period May 1 through September 30. This term shall include extended yard sales, but shall not include flea markets, special event or organization auctions or shops for secondhand clothing or secondhand books.
VARIANCE
A relaxation of the terms of this ordinance where such relaxation will not be contrary to the public interest where, owing to conditions peculiar to the property, and not the result of the actions of the applicants, a literal enforcement of the ordinance would result in undue hardship. Variances permissible under this ordinance are limited to height of buildings, structures, lot size/density, yard and open spaces size, and setbacks. No variance can be granted for the establishment of any use otherwise prohibited, nor shall a variance be granted because of the presence of nonconformities in the immediate or adjacent zones.
VEHICLE SALES
Any business which involves a parking or display area for the sale of new or used cars, trucks, motorcycles, campers, recreational vehicles, mobile homes, motorized or towed farm equipment such as tractors and trailers, or other similar products and services accessory to sales. This term shall not apply to private sales or the sale of individual vehicles on private property provided the seller is not licensed as an auto dealer for such sales.
VETERINARY HOSPITAL
A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.
WAREHOUSING
The storage, deposit, or stocking of merchandise or commodities in a structure or room.[17]
WATER-ORIENTED BUSINESS
See "functionally water-dependent uses."
WATER SUPPLY SYSTEM
The system for the collection, treatment, storage, and distribution of potable water from the source of supply to the consumer, including those buildings necessary to support the water supply system.
[Added 1-16-2018 by Ord. No. 2018.3]
WETLAND
A coastal and freshwater wetland, as defined in Article XIV.[18]
[Amended 2-2-2010 by Ord. No. 2009.98]
WHOLESALE BUSINESS
A business establishment engaged in the bulk sale of goods or materials, not manufactured or processed on the premises, and not retail sales.
WILDLIFE HABITAT, SIGNIFICANT WILDLIFE HABITAT
Areas identified by a governmental agency such as the Maine Department of Inland Fisheries and Wildlife, or City of Biddeford Comprehensive Plan, as having significant value as habitat for animals.
YACHT CLUB
A club or private group involved in boat launching, boat services, and boating activities that may include eating and retail facilities for owners, crews, and guests.
YARD
An unoccupied space, open to the sky, on the same lot with a building or structure.
1. 
An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and located between the street line and the front line of the building projected to the side lines of the lot.
2. 
An open space on the same lot with a principal building, unoccupied except by a permitted accessory building, or use, extending the full width of the lot and located between the rear line of the lot and the rear line of the building projected to the side lines of the lot.
3. 
An open, unoccupied space on the same lot with a principal building, and any part thereof, located between the side of the building, and side lines of the lot, and extending from the rear line of the front yard to the front line of the rear yard.
YARD SALE
See "used merchandise sales."
[1]
Editor's Note: This ordinance also repealed the definition of "artist residences with studio space, galleries" which immediately followed.
[2]
Editor's Note: This ordinance also repealed the definition of "automobile junkyard."
[3]
Editor's Note: This ordinance also repealed the definition of "automotive repair."
[4]
Editor's Note: The definition of "Coastal Area Committee," which immediately followed, was removed from the Code pursuant to Ord. No. 2011.38, adopted 9-20-2011. Said ordinance disbanded the Coastal Area Committee. The former definition of "coastal wetland," which also followed, was repealed 2-2-2010 by Ord. No. 2009.98.
[5]
Editor's Note: The former definition of "commercial activity," which immediately followed, was repealed 2-2-2010 by Ord. No. 2009.98.
[6]
Editor's Note: So in original.
[7]
Editor’s Note: The definition of “day-care facility,” which immediately followed this definition, was repealed 4-3-2012 by Ord. No. 2012.24.
[8]
Editor's Note: The former definitions of "floor area, gross" and "floor area, net," which immediately followed, were repealed 2-2-2010 by Ord. No. 2009.98.
[9]
Editor's Note: The former definition of "forest management," which immediately followed, was repealed 2-2-2010 by Ord. No. 2009.98.
[10]
Editor's Note: The former definition of "forestry, commercial," which immediately followed, was repealed 2-2-2010 by Ord. No. 2009.98.
[11]
Editor's Note: The former definition of "high-water line, normal," which immediately followed, was repealed 2-2-2010 by Ord. No. 2009.98.
[12]
Editor's Note: The former definition of "inland wetland," which immediately followed, was repealed 2-2-2010 by Ord. No. 2009.98.
[13]
Editor's Note: The former definition of "inn/bed-and-breakfast," which immediately followed, was repealed 4-16-2013 by Ord. No. 2013.24.
[14]
Editor's Note: So in original.
[15]
Editor's Note: The former definition of "nonconforming," which immediately followed, was repealed 2-2-2010 by Ord. No. 2009.98.
[16]
Editor's Note: The former definition of "setback from water," which immediately followed, was repealed 2-2-2010 by Ord. No. 2009.98.
[17]
Editor's Note: The former definition of "water body," which immediately followed, was repealed 2-2-2010 by Ord. No. 2009.98.
[18]
Editor's Note: The former definition of "wetland soils," which immediately followed, was repealed 2-2-2010 by Ord. No. 2009.98.