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:
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.
That which complies to accepted principles, tests or standards
of nationally recognized technical or scientific authorities.
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]
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]
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.
An extension or increase in floor area or height of a building
or structure.
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:
[Added 12-19-2023 by 2023.149]
For rental housing, a development in which a household whose income does not exceed 70% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford a majority (51% or more) of the units that the developer designates as affordable in the development without spending more than 30% of the household's monthly income on housing costs; and
For owned housing, a development in which a household whose income does not exceed 120% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford a majority (51% or more) of the units that the developer designates as affordable in the development without spending more than 30% of the household's monthly income on housing costs.
Affordable housing. Housing for which the percentage of income
a household is charged in rent and other housing expenses or must
pay in monthly mortgage payments (including condominium/HOA fees,
mortgage insurance, other insurance and real estate taxes) does not
exceed 30% of a household income, or other amount established in City
regulations that does not vary significantly from this amount.
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]
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.
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 cultivation
of medical or adult use marijuana.
[Amended 2-2-2010 by Ord. No. 2009.98; 1-17-2017 by Ord. No. 2016.87; 1-19-2021 by Ord. No. 2021.1]
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]
A place where aircraft can land and take off, usually equipped
with hangars, facilities for refueling and repair, and various accommodations
for passengers.
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.
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.
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.
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.
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.
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.
Any exterior apparatus designed for telephonic, radio, television,
or similar communications through the sending and/or receiving of
electromagnetic waves.
Approved by the Code Official or other authority having jurisdiction.
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.
The growing or propagation of harvestable freshwater, estuarine,
or marine plant or animal species.
[Added 2-2-2010 by Ord. No. 2009.98]
A water-bearing geologic formation capable of yielding a
usable amount of ground water to a well.
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.
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.
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]]
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]
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]
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.
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]]
"Automobile graveyard" does not include:
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:
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;
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;
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;
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;
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;
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
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.
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]
"Automobile
recycling business" does not include:
Financial
institutions as defined in 9-B M.R.S.A. § 131, Subsections
17 and 17-A;
Insurance
companies licensed to do business in the state;
New
vehicle dealers, as defined in 29-A M.R.S.A. § 851, licensed
to do business in the state; or
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.
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]
See "vehicle sales."
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]]
The flood having a one-percent chance of being equaled or
exceeded in any given year.
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]
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]
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.
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.
A nonresidential structure designed for the purpose of protecting
or storing boats for noncommercial purposes. There shall be no plumbing
in the boathouse.
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]
The use of any building, land area or other premise for the
storage, care, and/or rental of boats for a fee.
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.
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.
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.
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]
A building having five feet or more of open space on all
sides.
[Added 3-7-2017 by Ord.
No. 2017.16]
Any structure erected prior to the adoption of the appropriate
code, or one for which a legal building permit has been issued.
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.
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."
The use of any building, land area, or other premise for
the display and sales of building materials for retail and contractor
use.
The storage of petroleum products in structures for subsequent
resale to distributors, retail dealers or other outlets.
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."
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]
Any building or premises or portions thereof used for washing
of automobiles or similar vehicles.
See "basement."
Property used for the interring of the dead.
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.
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.
A building or structure, or group of buildings or structures,
designed, primarily intended and used for the conduct of religious
services, excluding school.
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.
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.
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.
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]
|
See "Building Inspector."
An educational institution authorized by the state to award
postsecondary, baccalaureate or higher degrees.
The location of more than one telecommunications facility
(use) on a tower or alternative tower structure.[5]
Any land area in which plants, vegetables, flowers and similar
materials are grown for sale. "Commercial gardening" does not include
the cultivation of medical or adult use marijuana.
[Amended 1-17-2017 by Ord. No. 2016.87; 1-19-2021 by Ord. No. 2021.1]
Any structure in which plants, vegetables, flowers and similar
materials are grown for sale. "Commercial greenhouse" does not include
the cultivation of medical or adult use marijuana.
[Amended 1-17-2017 by Ord. No. 2016.87; 1-19-2021 by Ord. No. 2021.1]
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.
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.
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]
A building which provides a meeting place for local, nonprofit
community organizations on a regular basis.
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]
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.
Any service provided by the municipality, public or semipublic
entities: police, fire protection, schools, library, rescue, etc.
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.
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.
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.
A building, structure, use of land, or portion thereof, which
complies with the provisions of this ordinance.
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.
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.
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]
A building or portion thereof, or buildings designed to accommodate
people in assembly, exhibits, auditoriums, assembly halls, special
events, etc., for commercial purposes.
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]
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]
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]
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]
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]
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.
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.
Disposal of construction debris and stumps resulting from
the clearing of sites for construction.
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.
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.
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]
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.
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 principal medical sales
use. A "drug/medical supply store" does not include a caregiver or
adult use marijuana store.
[Amended 1-19-2021 by Ord. No. 2021.1]
A residential structure designed and built specifically to
contain two separate dwelling unit. (This definition comes from Article
VI, Section 24)
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]
SINGLE-FAMILY DWELLINGAny 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]
TWO-FAMILY DWELLINGA 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]
MULTIFAMILY DWELLINGSA 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]
MIXED USE/COMMERCIALA 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.
DWELLING UNITA 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]
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.
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.
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]
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.
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]
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. An "experimental research and
testing laboratory" does not include a marijuana testing facility.
[Amended 1-19-2021 by Ord. No. 2021.1]
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]
The excavation of material incidental to the site of approved
construction of buildings, driveways or parking areas;
The excavation of material incidental to the site of construction
or repair of streets; and
The excavation, processing or storage of less than 100 cubic
yards of material on a lot within a one-year period.
Filling and earthmoving with a Shoreland Zone which is governed by the provisions contained in Article XIV.
Federal Aviation Administration.
One or more persons occupying a dwelling and living as a
single housekeeping unit.
[Amended 2-2-2010 by Ord. No. 2009.98]
A structure for the display and sale of farm produce grown
on the property where the structure is located.
Federal Communications Commission.
Depositing or dumping any matter on or into the ground or
water.
Savings and lending establishments, including but not limited
to banks, savings and loan institutions, and credit unions.
A building used as a municipal or municipal volunteer fire
or police facility.
The processing including but not limited to the cutting,
storage and delivery of wood and/or wood products for home or other
purposes.
The processing including but not limited to the raising,
storage, packaging, and delivery of fish and/or seafood products.
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.
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.
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]
FLOOD INSURANCE RATE MAPThe 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.
FLOODPLAINAny 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.
REGIONAL FLOODThe maximum known flood of a body of water; either the one-hundred-year frequency flood, where calculated, or the flood of record.
FLOODWAYThe 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.
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]
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]
The operation of timber tracks, tree farms, forest nurseries,
the gathering of forest products, or the performance of forest services.[10]
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.
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.
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]
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]
A building used for the preparation of the deceased for burial
and the display of the deceased and ritual connected with burial or
cremation.
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.
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.
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.
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.
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.
An open land area where sand, gravel, and/or rock fragments
are mined, excavated, or processed.
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.
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.
See "undue hardship."
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.
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]
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.
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]
An establishment or a program that provides for the physical
and emotional needs of terminally ill patients.
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.
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.
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.
A yard, field, or other outside area used to store, dismantle
or otherwise handle:
[Amended 6-21-2011 by Ord. No. 2011.37]
Discarded, wornout or junked plumbing, heating supplies, electronic
or industrial equipment, household appliances and furniture;
Discarded, scrap and junked lumber; and
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.
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.
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]
A public institution in which literary and artistic materials,
such as book, periodicals, newspapers, pamphlets, and prints, are
kept for reading or reference.
A portion or parcel of land considered as a unit.
CORNER LOTA lot with two adjacent sides abutting upon streets or other public spaces.
INTERIOR LOTA lot which faces on one street or with opposite sides on two streets.
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]
The percentage of a lot covered by all buildings and impervious
surfaces.
INTERIOR LOTSThe line separating the lot from a street or right-of-way.
CORNER LOT OR THROUGH LOTThe line separating the lot from either street or right-of-way.
REAR LOT LINEThe 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.
SIDE LOT LINEAny lot line other than the front lot line or rear lot line.
A parcel of land, a legal description of which or the dimensions
of which are recorded on a document or map on file 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.
Any lot abutting a body of water.
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.
The distance between the side boundaries of the lot measured
at the front setback line.
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.
|
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.
|
See Article VI, Section 45.
The making of goods and articles by hand or machinery, including
assembly, fabrication, finishing, packaging and processing. "Manufacturing"
does not include marijuana products manufacturing.
[Amended 1-19-2021 by Ord. No. 2021.1]
LIGHT MANUFACTURING/INDUSTRYA 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.
HEAVY MANUFACTURING/INDUSTRYA 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.
The leaves, stems, flowers and seeds of a marijuana plant,
whether growing or not. "Marijuana" includes marijuana concentrate
but does not include hemp as defined by Maine Statute, or a marijuana
product.
[Added 1-17-2017 by Ord.
No. 2016.87; amended 1-19-2021 by Ord. No. 2021.1]
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, consistent with 22 M.R.S.A. 558-C.
[Added 1-17-2017 by Ord.
No. 2016.87; amended 1-19-2021 by Ord. No. 2021.1]
A store that has attributes generally associated with retail
stores, including, but not limited to, a fixed location, a sign, regular
business hours, accessibility to the public and sales of goods or
services directly to a consumer, and that is used by a registered
caregiver to offer marijuana plants or harvested marijuana for sale
to qualifying patients.
[Added 1-19-2021 by Ord.
No. 2021.1]
The resin extracted from any part of a marijuana plant and
every compound, manufacture, salt, derivative, mixture or preparation
of such resin, including, but not limited to, hashish.
[Added 1-19-2021 by Ord.
No. 2021.1]
A facility licensed under Maine Statute to purchase marijuana
plants and seeds from other cultivation facilities; to cultivate,
prepare and package marijuana; and to sell marijuana to products manufacturing
facilities, and immature marijuana plants and seedlings to marijuana
stores.
[Added 1-19-2021 by Ord.
No. 2021.1]
The planting, propagation, growing, harvesting, drying, curing,
grading, trimming or other processing of marijuana. "Cultivation"
or "cultivate" does not include manufacturing, testing or marijuana
extraction.
[Added 1-19-2021 by Ord.
No. 2021.1]
A cultivation facility, a products manufacturing facility,
a testing facility or a caregiver or adult use marijuana store licensed
under Title 28-B M.R.S.A.
[Added 1-19-2021 by Ord.
No. 2021.1]
A product composed of marijuana or marijuana concentrate
and other ingredients that is intended for use or consumption. "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 1-19-2021 by Ord.
No. 2021.1]
The production, blending, infusing, compounding or other
preparation of marijuana and marijuana products, including, but not
limited to, marijuana extraction or preparation by means of chemical
synthesis. "Manufacturing" or "manufacture" does not include cultivation
or testing.
[Added 1-19-2021 by Ord.
No. 2021.1]
A facility licensed under Maine Statute to purchase marijuana
from a cultivation facility or other products manufacturing facility;
to manufacture, label and package marijuana products; and to sell
marijuana and marijuana products to marijuana stores and to other
products manufacturing facilities.
[Added 1-19-2021 by Ord.
No. 2021.1]
A facility licensed by the State of Maine to purchase adult
use marijuana, immature marijuana plants and seedlings from a cultivation
facility, to purchase adult use marijuana and adult use marijuana
products from a products manufacturing facility, to collect and transport
samples of marijuana, marijuana concentrate and marijuana products
in a marijuana store's possession for mandatory testing, and to sell
adult use marijuana, adult use marijuana products, immature marijuana
plants and seedlings to consumers.
[Added 1-19-2021 by Ord.
No. 2021.1]
The research and analysis of marijuana, marijuana products
or other substances for contaminants, safety or potency. "Testing"
or "test" includes the collection of samples of marijuana and marijuana
products for testing purposes, but does not include cultivation or
manufacturing.
[Added 1-19-2021 by Ord.
No. 2021.1]
A facility licensed by the State of Maine and certified to
test medical use marijuana, including concentrates and products containing
marijuana, for research and development purposes and to analyze contaminants
in, and the potency and cannabinoid profile of, marijuana samples
and products containing marijuana cultivated in accordance with Maine
Statute.
[Added 1-19-2021 by Ord.
No. 2021.1]
Marijuana cultivated, manufactured, distributed or sold by
a marijuana establishment, consistent with Title 28-B M.R.S.A.
[Added 1-19-2021 by Ord.
No. 2021.1]
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,
consistent with Title 22 M.R.S.A. § 558-C.
[Added 1-17-2017 by Ord.
No. 2016.87; amended 1-19-2021 by Ord. No. 2021.1]
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]
Services for marine activities such as boat storage, boat
launching, the sales of supplies and services for watercraft and/or
their equipment or accessories.[15]
See "manufactured housing."
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.
A plot of ground within a mobile home park designed for the
accommodation of one mobile home.
See "hotel."
A recreation facility owned and operated by the City of Biddeford
and open to the general public.
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.
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.
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. A "neighborhood
convenience store/service" does not include a caregiver or adult use
marijuana store.
[Amended 4-16-2013 by Ord. No. 2013.24; 1-19-2021 by Ord. No. 2021.1]
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.
The number of dwelling units per net residential acre.[16]
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]
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]
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]
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]
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.
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" 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.
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.
An attached or freestanding structure conveying some information,
knowledge, or idea to the public.
A structure consisting of one to four levels, above grade,
for the temporary parking of motor vehicles.
A designated area for the temporary parking of motor vehicles.
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.
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.
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.
A building or part of a building devoted to showing motion
pictures or for dramatic, dance, musical or other live performances.
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]
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.
The Planning Board of the City of Biddeford.
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.
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.
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]
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]
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]
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.
See "governmental building."
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]
The production, processing, and preparation for sale of printed
materials by means of inked type and a printing press or by similar
means.
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.
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]
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]
Facilities used primarily for processing bottles, cans, and
other similar items returned for deposit.
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.
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.
An establishment where meals are prepared and served to the
public for consumption.
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.
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. A "retail business"
does not include a caregiver or adult use marijuana store.
[Amended 1-19-2021 by Ord. No. 2021.1]
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.
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]
See "street," "right-of-way," or "private way" definitions.
Same as "boarding home."
A place of business where lumber is processed.
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.
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.
A structure containing separate, individual, and private
storage spaces of varying sizes leased or rented on individual leases
for varying periods of time.
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.
Rights-of-way, easements, or land in public or private ownership,
for the location of essential services.
The minimum horizontal distance from a lot line to the nearest
part of a building, including porches, steps, and railings.[17]
Any concentration of two or more retail stores or service
establishments under one ownership or management on a single lot or
abutting/adjoining property.
See Article XIV.
[Amended 2-2-2010 by Ord. No. 2009.98]
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.
BILLBOARDA 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.
GROUND SIGNA 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."
PORTABLE SIGNA 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.
ROOF SIGNA sign located upon or over a roof of a building.
SUSPENDED SIGNA sign suspended from a structure, generally hanging over a right-of-way such as a sidewalk.
TEMPORARY SIGNA 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]
WALL SIGNA sign attached or painted, or molded permanently to a wall or structure.
FREESTANDING SIGNAny mobile or temporary sign or sign structure, not securely attached to the ground or to any other structure.
ELECTRONIC MESSAGE CENTERAn 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]
WINDOW SIGNA 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]
BUS SHELTER SIGNAs 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]
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.
See Article V, Section 75.
[Added 2-2-2010 by Ord. No. 2009.98]
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.
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.
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]
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.
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.
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.
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.
See "campground."
A place of passage from one location to another.
The height, as defined above, below which a telecommunications
facility does not need review and approval as a conditional use, unless
otherwise noted herein.
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]
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
Any towed, nonmotorized vehicle used for the following purposes:
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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.
| |
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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.
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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.
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See "campground" or "mobile home park."
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.
LIGHT TRUCKINGA 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.
HEAVY TRUCKINGBusinesses involving the use of vehicles requiring operators to have Maine drivers' licenses beyond category.
This definition shall not include bus operations.
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.
Existing structure with an added residential unit or converted
to contain two residential units. (This definition comes from Article
VI, Section 24)
As used in this ordinance, the words "undue hardship" shall
mean all of the following:
That the land in question cannot yield a reasonable return unless
a variance is granted; and
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
That the granting of a variance will not alter the essential
character of the locality; and
That the hardship is not the result of action taken by the applicant
or a prior owner; and
Relief, if granted, would not cause substantial detriment to
the public good, or impair the purposes and intent of this ordinance.
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A variance is not justified unless all elements are present
in the case. See also Article IX (Board of Appeals) of this ordinance.
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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.
Facilities, programs, services, or activities conducted by
or hosted by a college or university that:
Are consistent with the institution's mission, and
Involve or support educational, extracurricular, research, service,
or community outreach activities, and
If located in an institutional zone, are consistent with the
most recent institutional master plan approved by the Planning Board.
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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.
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The manner in which land or a structure is arranged, designed
or intended, or is occupied.
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.
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.
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.
A place where animals are given medical care and the boarding
of animals is limited to short-term care incidental to the hospital
use.
The storage, deposit, or stocking of merchandise or commodities
in a structure or room.[18]
See "functionally water-dependent uses."
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]
A business establishment engaged in the bulk sale of goods
or materials, not manufactured or processed on the premises, and not
retail sales.
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.
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.
An unoccupied space, open to the sky, on the same lot with
a building or structure.
FRONT YARDAn 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.
REAR YARDAn 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.
SIDE YARDAn 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.
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 definitions of "medical marijuana dispensary,"
"medical marijuana growing facility," "medical marijuana home production,"
and "medical marijuana land uses," added 1-17-2017 by Ord. No. 2016.87, which immediately
followed this definition, were repealed 1-19-2021 by Ord. No. 2021.1.
See now related definitions under "marijuana."
[16]
Editor's Note: The former definition of "nonconforming," which
immediately followed, was repealed 2-2-2010 by Ord. No. 2009.98.
[17]
Editor's Note: The former definition of "setback from water,"
which immediately followed, was repealed 2-2-2010 by Ord. No. 2009.98.
[18]
Editor's Note: The former definition of "water body," which
immediately followed, was repealed 2-2-2010 by Ord. No. 2009.98.
[19]
Editor's Note: The former definition of "wetland soils," which
immediately followed, was repealed 2-2-2010 by Ord. No. 2009.98.
