[Amended by Ord. No. 176-07; 4-20-2017 by Ord. No. 17-067]
In the interpretation and enforcement of this chapter, all words
shall carry their customary dictionary meanings. For the purpose of
this chapter, certain words and terms used herein are defined as follows.
Words used in the present tense include the future tense; words used
in the singular include the plural; and words used in the plural include
the singular.
Includes the word "structure."
The City of Augusta.
Includes the words "plot" and "parcel."
The City Council.
Includes a firm, association, organization, partnership,
trust, company, or corporation, as well as an individual.
Is always mandatory; the word "may" is permissive.
As applied to any land or building, shall be construed to
mean, also, "intended, arranged, or designed to be used or occupied."
[Amended 1-21-1992 by Ord. No. 303; 2-17-1993 by Ord. No. 26; 6-20-1994 by Ord. No. 546; 4-23-2001 by Ord. No. 37; 5-6-2002 by Ord. No. 210; 10-7-2002 by Ord. No. 281; 8-25-2003 by Ord. No. 100; 10-16-2006 by Ord. No. 170; 2-20-2007 by Ord. No. 027; 2-20-2007 by Ord. No. 028; 6-4-2007 by Ord. No. 109; 2-5-2009 by Ord. No. 016; 6-3-2010 by Ord. No. 084A; 2-3-1011 by Ord. No. 11-019; 6-16-2011 by Ord. No. 11-71; 12-1-2011 by Ord. No. 166]
As used in this chapter, the following terms shall have the
meanings indicated:
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. Accessory uses and structures
must comply with all conditions and standards for the location or
use and which have been permitted by the Planning Board for the location
or use. 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. Accessory residential
structures and uses include, but are not limited to, private garages
with less than four vehicles; swimming pools; greenhouses operated
by and for use by the family living in the residence; and satellite
dishes. Accessory structures or uses also include amateur radio and
citizen band radio towers exceeding 35 feet (excluding antennas) in
height above the ground. Such towers less than 35 feet in height above
the ground are permitted by right (no permit required).
The natural elevation of the ground surface before construction
next to the proposed walls of the structure.
Any business otherwise permitted as a retail business or
service establishment, including but not limited to any bookstore,
newsstand, novelty store, nightclub, bar, cabaret, amusement arcade,
or theater, of which a substantial or significant portion consists
of selling, renting, leasing, exhibiting, displaying, or otherwise
dealing in materials, devices, or activities of any kind which appeal
to prurient interests and which depict or describe specified sexual
activities, or videotapes rated X, NC-17, or classified as suitable
for adults or persons 18 years of age or older, or are displayed in
a portion of a facility open only to persons older than 18 years of
age.
An owner of land whose property is directly or indirectly
affected by the granting or denial of a permit or variance under this
chapter; a person whose land abuts land for which a permit or variance
has been granted; or any other person or group of persons who have
suffered particularized injury as a result of the granting or denial
of such permit or variance. For the purposes of a Planning Board decision,
an aggrieved party must have also participated in person, through
an authorized representative, or in writing at a public hearing related
to the decision being appealed.
[Amended 6-4-2007 by Ord.
No. 109; 4-20-2017 by Ord. No. 17-067]
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 and timber harvesting activities.
The growing or propagation of harvestable freshwater, estuarine,
or marine plant or animal species.
Includes building footprint, accessory structures, storage
and parking areas and all areas on the property associated with the
operation of the nonconforming use. "Area in nonconforming use" also
includes all land area within the outer limits of the above-noted
structures, storage and parking areas, including yards and setback
areas. Undisturbed or natural areas on the same lot as the nonconforming
use and outside the area described above shall not be used in calculating
the area in nonconforming use.
The designated AO and AH Zone on the City's Flood Insurance
Rate Map (FIRM) with a one-percent or greater annual chance of flooding
to an average depth of one feet to three feet where a clearly defined
channel does not exist, where the path of flooding is unpredictable,
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
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 Study, cited in Part 5, Performance Standards, of this chapter.
Establishments primarily engaged in the sales, repair, and/or
service of automobiles, including but not limited to car washes and
similar activities. Retail automobile parts and supplies are not considered
automobile businesses. Where specifically listed, auto sales may include
auto repair; auto repair shall not include auto sales.
[Amended 4-15-2021 by Ord. No. 21-068]
Establishments primarily engaged in providing repair and
replacement services for automotive vehicles, such as passenger cars,
trucks, and vans, and all trailers, including the sale, installation,
and servicing of equipment and parts. Establishments in this industry
group employ mechanics with specialized technical skills to diagnose
and repair the mechanical and electrical systems for automotive vehicles,
repair automotive interiors, and paint or repair automotive exteriors.
Establishments primarily engaged in one or more of the following:
The area of cross section of a tree trunk at 4½ feet
above the ground level and inclusive of bark.
[Added 4-20-2017 by Ord.
No. 17-067]
The flood having a one-percent chance of being equaled or
exceeded in any given year, commonly called the "one-hundred-year
flood."
Any portion of a structure with floor-to-ceiling height of
six feet or more and having more than 50% of its volume below the
existing ground level.
[Amended 4-20-2017 by Ord. No. 17-067]
A place that advertises itself as a bed-and-breakfast where
the public for a fee may obtain overnight accommodations that include
a sleeping room or rooms and at least one meal per day.
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 4-20-2017 by Ord.
No. 17-067]
A unit of land, together with a specified type and amount
of planting thereon, and any structures such as but not limited to
fences, retaining walls and berms, which may be required between land
uses to eliminate or minimize conflicts.
See "structure."
The vertical height from the sidewalk or finished grade at
the center of the front of a building to the highest point of the
roof surface, if a flat roof; to the deckline for mansard roofs; and
to the mean height between eaves and ridges for gable, hip, and gambrel
roofs. For purposes of applying regulations in shoreland areas, the
height of a structure shall be the vertical distance between the mean
original (prior to construction) grade at the downhill side of the
structure and the highest point of the structure, excluding chimneys,
steeples, antennas, and similar appurtenances which have no floor
area.
[Amended 4-20-2017 by Ord. No. 17-067]
The State of Maine Department of Agriculture, Conservation
and Forestry, Bureau of Forestry.
[Added 4-20-2017 by Ord.
No. 17-067]
A planned development designed and arranged for business
and professional uses, uses that are accessory or that provide services
to business and professional uses.
Establishments primarily engaged in promoting the business
and/or professional interests of their members and the profession
as a whole. These establishments may conduct research; develop statistics;
sponsor quality and certification standards; lobby public officials;
or publish newsletters, books, or periodicals for distribution to
their members.
A room or group of rooms used for conducting the affairs
of a business or professional entity, not entailing the sale of goods
except that which is clearly incidental. Examples of business/professional
offices and services include but are not limited to doctors; dentists;
consultants; engineers; realtors; insurance agents; and lawyers' offices;
artist's studio.
A measurement of the size of a tree equal to the diameter
of its trunk, measured six inches above natural grade for trees having
calipers less than or equal to four inches diameter, and measured
12 inches above grade for tree calipers greater than four inches diameter.
Any area or tract of land to accommodate two or more parties
in temporary living quarters, including, but not limited to, tents,
recreational vehicles or other shelters; considered a recreational
use of land for purposes of this chapter.
[Amended 4-20-2017 by Ord. No. 17-067]
The more or less contiguous cover formed by tree crowns in
a wooded area.
[Added 4-20-2017 by Ord.
No. 17-067]
Land used or dedicated to the burial of the dead, including
crematoriums, mausoleums, necessary sales, and maintenance facilities.
Mortuaries and funeral establishments shall be included when operated
within the boundary of such cemetery.
See "Code Enforcement Officer."
A document signed by the Code Enforcement Officer stating
that a structure or development is in compliance with all applicable
provisions of this chapter.
See "watercourse."
See "day-care center."
A building, together with its accessory buildings and uses,
where persons regularly assemble for religious worship, and which
building, together with its accessory buildings and uses, is maintained
and controlled by a religious body organized to sustain public worship.
The City Engineer may be a regular employee of the City or
a consultant to the City. The individual designated as City Engineer
shall be a registered professional engineer, licensed by the State
of Maine.
Establishments primarily engaged in promoting the civic and
social interests of their members.
Land under unified management, planned and developed as a
whole according to comprehensive and detailed plans, including streets,
lots or building sites, site plans and design principles for all buildings
intended to be located, constructed, used and related to each other,
and for other uses and improvements on the land. Development may be
a single operation or a programmed series of operations, including
all lands and buildings, with provision for operation and maintenance
of such areas, facilities and improvements necessary for common use
by occupants of the development.
All tidal and subtidal lands; all lands with vegetation present
that is tolerant of saltwater and occurs primarily in a saltwater
or estuarine habitat; and any swamp, marsh, bog, beach, flat or other
contiguous low land which is subject to tidal action during the highest
tide level for the year in which an activity is proposed, as identified
in tide tables published by the National Ocean Service. Coastal wetlands
may include portions of coastal sand dunes.
[Amended 4-20-2017 by Ord. No. 17-067]
Any person responsible for performing the inspection, licensing,
and enforcement duties required by a particular statute or ordinance.
The use of lands, buildings, or structures, other than a
home occupation, defined herein, 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. Uses considered commercial by this chapter are found in the
Standard Industrial Classification Manual under the following category
headings: Retail Trade; Finance, Insurance and Real Estate Services;
Wholesale Trade. All uses listed in the Table of Land Uses in the
Base Zoning Districts,[1] except those listed under the "Residential" subsection,
shall be considered commercial uses by this chapter.
See "utility."
A housing facility for eight or fewer persons with disabilities
or other needs that is approved, authorized, certified or licensed
by the state. The residents are not legally related to the operator
and are provided personal care, supervision and social or rehabilitative
services.
[Added 11-17-2016 by Ord.
No. 16-184]
For purposes of this chapter, the "compact area" of the City
of Augusta shall mean that area contained within the "Revised Urban
Boundaries" shown on "Map of Compact Area, Augusta, Kennebec County,
Maine," prepared by the State of Maine Department of Transportation,
Bureau of Planning, in cooperation with the United States Department
of Transportation, Federal Highway Commission (1975). Said map is
hereby incorporated into this chapter and shall be maintained on file
with the Official Zoning Map. For purposes of this chapter, except
with respect to the provisions of OBDS, the compact area of the City
of Augusta shall also include the Urban Growth Area designated in
the 2007 Comprehensive Plan.
[Amended 4-20-2017 by Ord. No. 17-069]
A permitted use which may not be appropriate without restriction
in a particular district, but which, in the opinion of the Planning
Board, if controlled as to number, location, relation to the neighborhood,
site design, operational aspects, traffic generation, impact on public
facilities and implementation of performance standards, would promote
the public safety, health, convenience or welfare. A conditional use
shall be allowed in a district only if the regulations for that district
specifically permit it, subject to the approval of the Planning Board,
and only when the Board finds that such use meets all of the requirements
applicable to it as specified in this chapter.
A facility used for conferences, seminars, and events with
accommodations for food preparation and eating, entertainment, resource
facilities, and meeting rooms that meets all City ordinances and City
requirements. The total floor area of a conference/event center shall
not exceed 20,000 square feet.
[Added 11-20-2014 by Ord.
No. 14-191; amended 11-1-2018 by Ord. No. 18-162]
Any of the activities commonly referred to as "construction"
and shall include but not be limited to plumbing, heating, electrical,
roofing, carpentry, interior remodeling, and equipment rental.
A building, or portion thereof, designed to accommodate 300
or more people in assembly.
[Added 11-20-2014 by Ord.
No. 14-191]
A publicly or privately operated facility generally designed
for the confinement, correction, and rehabilitation of adult and/or
juvenile offenders sentenced by a court.
A publicly operated facility used for the purposes of trying
and sentencing individuals suspected or guilty of committing a criminal
offense or for hearing and deciding on civil disputes.
More often than an average of one calendar week during any
calendar month of operation.
A facility licensed by the state primarily engaged in providing
nonresidential social assistance, including care, supervision, and
protection, during daytime hours to more than 12 children or adults
who are not all related to each other by blood or marriage and who
are not legal wards or foster children of the care providers, and
which is not being used as a residence by the care providers. Services
may include child day care, nonmedical home care or homemaker services,
social activities, group support, and companionship.
A residence in which care is given during daytime hours to
no more than 12 persons of various ages and which may or may not be
licensed according to the state's criteria. This use differs from
a day-care center in that it is conducted by persons who are living
in the home at which the day care is being provided. Day-care homes
must also meet the standards for home occupations.
A measurement of the size of a tree equal to the diameter
of its trunk measured 4.5 feet above natural grade.
Any commercial, industrial or compact residential area of
10 or more acres with an existing density of at least one principal
structure per two acres.
Any change caused by individuals or entities to improved
or unimproved real estate, including but not limited to the construction
of buildings or other structures; the construction of additions or
substantial improvements to buildings or other structures; mining,
dredging, filling, grading, paving, excavation, drilling operations,
or storage of equipment or materials; and the storage, deposition,
or extraction of materials, public or private sewage disposal systems
or water supply facilities.
MAJOR DEVELOPMENTAny multifamily or nonresidential development project that:
Creates more than 25,000 square feet of new floor space in the
CD or IA Zones; or
Creates more than 10,000 square feet of new floor area in zones not listed in Subsection A(1) above; or
Disturbs more than 43,560 square feet of land; or
Creates more than 43,560 square feet of new impervious surface;
or
New construction that generates more than 100 trips in the peak
hour for the proposed use; or
Proposes a new wireless communications facility that will require
construction of a new tower; or
Proposes the construction, erection, or placement of a fixed,
portable or temporary bituminous mix plant or ready mix concrete plant.
MINOR DEVELOPMENTAny multifamily or nonresidential development project that:
Creates between 5,000 and 25,000 square feet of new floor area
in the CD and IA Zones; or
Creates between 1,000 and 10,000 square feet of new floor area in zones not listed in Subsection B(1) above; or
That disturbs between 10,000 and 43,560 square feet of land;
or
Creates between 10,000 and 43,560 square feet of new impervious
surface; or
Creates four or more residential units in a preexisting single-family,
duplex or multifamily structure; or
New construction that generates between 35 and 99 trips in all
zoning districts, except CD and IA, in the peak hour for the proposed
use; or
Any change of use where the proposed use requires 25% more on-site
parking, as calculated using the parking requirements in this chapter,
than the applicant proposes to make available on site; or
Proposes co-location of a wireless communications facility on
an existing tower that will require construction of a new equipment
shed; or
All uses proposing to construct a drive-through service or vehicle
refueling pumps that do not otherwise qualify for major or minor development
review.
OTHER DEVELOPMENTRequiring a permit from the CEO if listed as a permitted use or requiring a permit from the Planning Board if listed as a conditional use.
Numerical standards relating to spatial relationships, including,
but not limited to, setback, lot area, road frontage, shore frontage,
height, floor area and impervious surface factors and ratios and open
space ratios.
[Amended 4-20-2017 by Ord. No. 17-067]
Light emitted directly from the lamp, off of the reflector
or reflector diffuser, or through the refractor or diffuser lens of
a luminaire.
Any disability, infirmity, malformation, disfigurement, congenital
defect or mental condition caused by bodily injury, accident, disease,
birth defect, environmental conditions or illness; and also includes
the physical or mental condition of a person which constitutes a substantial
handicap as determined by a physician, or in the case of mental handicap,
by a psychiatrist or psychologist, as well as any other health or
sensory impairment which requires special education, vocational rehabilitation
or related services.
[Added 4-20-2017 by Ord.
No. 17-067]
The outflow of water, silt or other mobile substances passing
along a conduit, watercourse, or a channel or released from detention
storage.
Complete cessation or abandonment of a use evidenced by removal
of all advertising signs, or removal of all contents of the structure
necessary to conduct the business, or allowing the building to become
dilapidated or by changing to a conforming use.
The removal of surface water or groundwater from land by
drains, grading, or other means. Drainage includes the control of
runoff to minimize erosion and sedimentation during or after development
and includes the means necessary for water supply preservation or
for prevention or alleviation of flooding.
See "watercourse."
A paved or unpaved area used for ingress and egress of vehicles
from a street or road right-of-way to buildings or other structures
or facilities on a lot. When said distance of driveway between the
street right-of-way and structures/facilities is longer than 100 feet
in length, it shall meet the minimum requirements identified in the
Augusta Technical Standards Handbook for an emergency access lane.
A shared driveway for up to two adjacent lots shall be allowed if
there is a recorded driveway easement that runs with the land and
if each lot has the minimum required lot frontage on a street/road
right-of-way. The easement must describe the maintenance and repair
responsibilities of each party. A shared driveway shall meet the minimum
requirements of § 5.4 of Augusta's Technical Standards Handbook.
In the shoreland zone, a vehicular accessway less than 500 feet in
length serving two single-family dwellings or one two-family dwelling,
or less.
[Amended 4-20-2017 by Ord. No. 17-067]
A residential structure containing three or more dwelling
units.
A residential structure containing one dwelling unit.
A residential structure containing two dwelling units.
A room or group of rooms designed and equipped exclusively
for use as permanent, seasonal, or temporary living quarters for only
one family at a time and containing cooking, sleeping and toilet facilities.
The term shall include mobile homes and rental units that contain
cooking, sleeping, and toilet facilities regardless of the time period
rented. Recreational vehicles are not residential dwelling units.
[Amended 11-17-2016 by Ord. No. 16-183]
Includes topsoil (loam), sand, gravel, and clay taken from
the land. "Earth removal" shall mean the extraction of topsoil, sand,
gravel, and clay from the earth. See "development," "earth filling"
and "mineral extraction."
Use of land or a building or buildings for the establishment
and maintenance of a public or private college, secondary or elementary
school or other educational institution that is designed, constructed,
or used for education or instruction of persons in any branch of knowledge.
A nonbasement building or structure:
Built, in the case of a building in Zones A1-30, AE, A, A99,
AO, AH, B, C, X, or D, to have the top of the elevated floor elevated
above the ground level by means of pilings, columns, posts, piers,
or stilts; and
Adequately anchored so as not to impair the structural integrity
of the building during a flood of up to one foot above the magnitude
of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH,
B, C, X, or D, "elevated building" also includes a building elevated
by means of fill or solid foundation perimeter walls less than three
feet in height with openings sufficient to facilitate the unimpeded
movement of floodwaters.
An official form (FEMA Form 81-31, 05/90, as amended) that
is used to verify compliance with the floodplain management regulations
of the National Flood Insurance Program and is required as a condition
for purchasing flood insurance.
Operations conducted for the public health, safety or general
welfare, such as protection of resources from immediate destruction
or loss, law enforcement, and operations to rescue human beings, property
and livestock from the threat of destruction or injury.
[Amended 4-20-2017 by Ord. No. 17-067]
The detachment and movement of soil, organic matter or rock
fragments by water, wind, ice or gravity.
Gas, electrical or communications facilities; steam, fuel,
telephone, 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. For the purposes of this chapter, such systems may
include towers, poles, wires, mains, drains, pipes, conduits, cables,
fire alarms and police call boxes, traffic signals, hydrants and similar
accessories but shall not include service drops or buildings which
are necessary for the furnishing of such services.
[Amended 4-20-2017 by Ord. No. 17-067]
An increase in the footprint or height of a structure, including
all extensions, such as, but not limited to, attached decks, garages,
porches and greenhouses. Expansion of a structure shall not include
construction of stairways, fire escapes or other changes as mandated
by federal, state or local building or safety codes.
[Amended 4-20-2017 by Ord. No. 17-067]
The addition of one or two months to a use's operating season; additional hours of operation; or the use of more footprint of a structure or ground area devoted to a particular use. See § 300-309 providing for modifications to nonconforming uses.
[Amended 4-20-2017 by Ord. No. 17-067]
One or more persons occupying a premises and living as a
single housekeeping unit.
A structure for the display and sale of farm products primarily
grown on the property upon which the stand is located; may also involve
the accessory sales of other unprocessed foodstuffs, home-processed
food products, and homemade handicrafts.
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels, and including
as an accessory use the retail sale and installation of lubricants,
tires, batteries, and similar vehicle accessories. A filling station
is not a repair garage or a body shop. See "automobile business."
Establishments such as banks and financial institutions,
credit agencies, investment companies, brokers of and dealers in securities
and commodities, security and commodity exchanges, insurance agents,
lessors, lessees, buyers, sellers, agents, and developers of real
estate.
The assembly that houses the lamp or lamps and can include
all or some of the following parts: a housing, a mounting bracket
or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or
a refractor or lens.
See "lot, flag."
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
An official map of a community, on which the Administrator
of the Federal Insurance Administration has delineated both the special
hazard areas and the risk premium zones applicable to the community.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A(1) of this definition.
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood-control works, and floodplain management
regulations.
Any land area susceptible to being inundated by water from
any source. (See definition of "flood or flooding.")
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
See "regulatory floodway."
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.
A ratio derived by dividing the total floor area by the net
buildable site area.
[Amended 4-20-2017 by Ord. No. 17-067]
A retail business establishment where flooring materials
are exhibited for sale or where samples are displayed.[2]
The entire area of ground covered by the structure(s) on
a lot, including, but not limited to, cantilevered or similar overhanging
extensions, as well as unenclosed structures, such as patios and decks.
[Added 4-20-2017 by Ord.
No. 17-067]
A freshwater wetland dominated by woody vegetation that is
six meters tall (approximately 20 feet) or taller.
[Added 4-20-2017 by Ord.
No. 17-067]
The supporting substructure of a building or other structure,
excluding wooden sills and post supports, but including basements,
slabs, frost walls, or other base consisting of concrete, block, brick
or similar material.
[Amended 4-20-2017 by Ord. No. 17-067]
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors, such as wave action, bridge openings,
and the hydrological effect or urbanization of the watershed, that
could contribute to flood heights greater than the height calculated
for a selected size flood and floodway conditions.
See "hydric soils." Flooding likely to occur often under
usual weather conditions; more than a fifty-percent chance of flooding
in any year or more than 50 times in 100 years.
[Added 4-20-2017 by Ord.
No. 17-067]
Freshwater swamps, marshes, bogs and similar areas, other than
forested wetlands, which are:
Of 10 or more contiguous acres; or of less than 10 contiguous
acres and adjacent to a surface water body, excluding any river, stream
or brook, such that in a natural state, the combined surface area
is in excess of 10 acres; and
Inundated or saturated by surface water or groundwater at a
frequency and for a duration sufficient to support, and which under
normal circumstances does support, a prevalence of wetland vegetation
typically adapted for life in saturated soils.
Freshwater wetlands may contain small stream channels or inclusions
of land that do not conform to the criteria of this definition.
The mechanized processing of wood into any length less than
tree length, not accessory to a timber harvest, when not burned or
consumed on site.
[Added 1-17-2013 by Ord.
No. 13-008]
With respect to § 300-508, Flood damage prevention standards, "functionally dependent use" means a principal use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. With respect to shoreland zoning regulations, § 300-316.1, "functionally water-dependent uses" are 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-related storage and retail and wholesale marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aids, basins and channels, shoreline structures necessary for erosion control purposes, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to coastal and inland waters. Recreational boat storage buildings are not considered to be a functionally water-dependent use.
[Amended 4-20-2017 by Ord. No. 17-067]
A building used for the preparation of the deceased for burial
and display and rituals connected therewith before burial or cremation.
A funeral home, as defined for purposes of this chapter, includes
a funeral chapel.
An accessory residential building, or part of a principal
residential building, including a carport, used primarily for the
storage of motor vehicles.
An enterprise where plants either imported or grown on the
site are sold, at retail and wholesale, as well as accessory items
directly related to the planting, harvesting, maintenance and care
of plant life, including plants, shrubs, trees, packaged fertilizers,
soils, chemicals, garden tools, gifts, and other nursery goods and
similar accessory and ancillary products in small quantities. This
activity includes greenhouses. This activity does not include the
sale, either retail or wholesale, of power equipment, such as gas
or electric lawnmowers and farm implements, or of gravel.
Areas along all brooks, streams, wetlands and natural drainageways
not protected by M.R.S.A. Title 38 but considered to have value in
their natural state for the maintenance of biotic systems and in their
capacity to carry stormwater.
See "gross floor area."
Light emitting from a luminaire with an intensity great enough
to reduce a viewer's ability to see, and in extreme cases causing
momentary blindness.
A room or group of rooms used for conducting the affairs
of a government entity, not entailing the sale of goods except that
which is clearly incidental.
For the purposes of this chapter, "government services" shall
include the functions performed by the various government agencies
in the City. Government services shall include but not be limited
to the following: capitol, administration, courts, jails, public safety
(police, fire and emergency/rescue), public schools, postal services,
public works and municipal utilities.
Any building, site, or use owned, operated, or facilitated
by any governmental entity or agency.
Any inland body of water which in a natural state has a surface
area in excess of 10 acres, and any inland body of water artificially
formed or increased which has a surface area in excess of 30 acres,
except, for the purposes of this chapter, where the artificially formed
or increased inland body of water is completely surrounded by land
held by a single owner. Note: All ponds in Augusta are "great ponds."
[Amended 4-20-2017 by Ord. No. 17-067]
Any great pond classified GPA, pursuant to 38 M.R.S.A. Article
4-A, § 465-A. This classification includes some, but not
all, impoundments of rivers that are defined as "great ponds." Note:
All ponds in Augusta are "great ponds."
[Amended 4-20-2017 by Ord. No. 17-067]
A building used for the cultivation of plants whose roof
and sides are made largely of glass or other transparent or translucent
material.
The sum of the gross area of the several floors of a building
or buildings measured from the exterior faces of exterior walls or
from the center lines of walls separating two buildings.
In particular, floor area generally includes:
Basement space, except as specifically excluded.
Elevator shafts or stairwells at each floor.
Floor spaces in penthouses.
Attic space (whether or not a floor has been laid) providing
structural headroom of seven feet, six inches, or more.
Floor space in interior balconies or mezzanines.
Any other floor space used for dwelling purposes, no matter
where located within a building.
Floor space in accessory buildings, except for floor space used
for accessory off-street parking.
Any other floor space not specifically excluded.
However, the gross floor area of a building shall not include:
Cellar space, except that cellar space used for retailing shall
be included for the purpose of calculating requirements for accessory
off-street parking spaces and accessory off-street loading berths.
Elevator or stair bulkheads, accessory water tanks, or cooling
towers.
Uncovered steps.
Attic space (whether or not a floor actually has been laid)
providing structural headroom of seven feet, six inches.
Floor space used for mechanical equipment.
Small plants, fallen leaves, needles and twigs, and the partially
decayed organic matter of the forest floor.
[Added 4-20-2017 by Ord.
No. 17-067]
A facility licensed by the State of Maine, wherein more than
eight persons not legally related to the operator are provided personal
care, supervision and social or rehabilitative services. The facility
serves as a substitute for the residents' own homes, furnishing facilities
and comforts normally found in a home but providing, in addition,
such service, equipment, and safety features as are required for safe
and adequate care of the residents.
[Amended 11-17-2016 by Ord. No. 16-184]
Areas designated by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. §§ 480-A through 480-S, and described in § 300-316.1C(1) of this chapter.
A tree with a structural defect, combination of defects,
or disease resulting in a structural defect that, under the normal
range of environmental conditions at the site, exhibits a high probability
of failure and loss of a major structural component of the tree in
a manner that will strike a target. A normal range of environmental
conditions does not include meteorological anomalies, such as, but
not limited to: hurricanes; hurricane-force winds; tornados; microbursts;
or significant ice storm events. Hazard trees also include those trees
that pose a serious and imminent risk to bank stability. A target
is the area where personal injury or property damage could occur if
the tree or a portion of the tree fails. Targets include roads, driveways,
parking areas, structures, campsites, and any other developed area
where people frequently gather and linger.
[Added 4-20-2017 by Ord.
No. 17-067]
Establishments primarily engaged in the repair and maintenance
of commercial and industrial machinery and equipment. May include
the rental, but not sales, of heavy equipment.
See "building height (maximum)."
A nonprofit membership organization dedicated to the preservation
of historical documents, materials, and artifacts and promoting an
increased awareness of these items. Such organizations often make
historical documents, materials, and artifacts available to the wider
public by providing research opportunities, museums and display areas,
interpretive programs, lecture series at their site, and other accessory
uses, sometimes for a fee.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
of the Interior to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
An occupation or profession which is customarily conducted
on or in a residential structure or property, which meets the standards
of § 310-510, Home Occupations, and which:
[Amended 4-20-2017 by Ord. No. 17-067; 8-1-2019 by Ord. No. 19-111]
Is conducted by a resident of the property;
Is clearly incidental to and compatible with the residential
use of the property and surrounding residential uses;
Does not change the outside appearance of the residential dwelling
unit or premises;
Is conducted entirely within the dwelling unit or accessory
structure;
Operates with no more than one person other than family members
residing in the home; except used classified by this ordinance as
a Day Care Home, which may have no more than two persons other than
family members residing in the home.
Institutions, licensed by the State Department of Health,
providing primary health services and medical or surgical care to
persons, primarily inpatients, suffering from illness, disease, injury,
deformity, and other abnormal physical or mental conditions, and including
as an integral part of the institution related facilities such as
laboratories, outpatient facilities, or training facilities.
A building or group of buildings in which more than 16 rooms
are used to offer transient lodging accommodations to the general
public and which may include additional facilities and services, such
as restaurants, meeting rooms, entertainment, personal services, and
recreational facilities.
All histosols except folists; or
Soils in aquic suborders, aquic subgroups, albolls suborder,
salorthids great group, or pell great groups of vertisols that are:
Somewhat poorly drained and have water table less than 0.5 foot
from the surface for a significant period (usually a week or more)
during the growing season; or
Poorly drained or very poorly drained and have either:
Water table at less than one foot from the surface for a significant
period (usually a week or more) during the growing season if permeability
is equal to or greater than six inches/hour in all layers within 20
inches; or
Water table at less than 1.5 feet from the surface for significant
period (usually a week or more) during the growing season if permeability
is less than six inches/hour in any layer within 20 inches; or
Soils that are ponded for long duration or very long duration
during the growing season; or
Soils that are frequently flooded for long duration or very
long duration during the growing season.
|
Source: The National Technical Committee for Hydric Soils (USDA
Soil Conservation Service,[3] 1987).
|
Soils that are saturated, flooded, or ponded long enough
during the growing season to develop anaerobic conditions in the upper
part (USDA Soil Conservation Service, 1987). In general, hydric soils
are flooded, ponded, or saturated for usually one week or more during
the period when soil temperatures are above biologic zero 41°
F., as defined by "Soil Taxonomy" (U.S.D.A. Soil Survey Staff, 1975).
These soils usually support hydrophytic vegetation.
Illuminating Engineering Society of North America, an internationally
recognized authority on lighting design. Publishers of RP-33-99.
Any hard-surfaced, man-made area that does not readily absorb
or retain water, including but not limited to building roofs, paved
or graveled parking and driveway areas, sidewalks and paved recreational
facilities.
A measure of the intensity of land use which is determined
by dividing the total area of all impervious surfaces on a site by
lot area.
Internal modification, including alterations and renovations,
and window replacement, as well as minor exterior modifications necessary
for health and safety such as but not limited to fire escapes and
means of egress. Reroofing and placement of siding is not considered
improvement to a structure.
Any change in a structure or property which causes further
deviation from the dimensional standard(s) creating the nonconformity,
such as, but not limited to, reduction in water body, tributary stream
or wetland setback distance, increase in lot coverage, or increase
in height of a structure. Property changes or structure expansions
which either meet the dimensional standard or which cause no further
increase in the linear extent of nonconformance of the existing structure
shall not be considered to increase nonconformity. For example, there
is no increase in nonconformity with the setback requirement for water
bodies, wetlands, or tributary streams if the expansion extends no
further into the required setback area than does any portion of the
existing nonconforming structure. Hence, a structure may be expanded
laterally, provided that the expansion extends no closer to the water
body, tributary stream, or wetland than the closest portion of the
existing structure from that water body, tributary stream, or wetland.
Included in this allowance are expansions which infill irregularly
shaped structures.
[Added 4-20-2017 by Ord.
No. 17-067]
An area of land which is not associated with a campground
but which is used for repeated camping by only one group not to exceed
10 individuals and which involves site improvements which may include,
but not be limited to, a gravel pad, parking area, fireplace, or tent
platform.
[Amended 4-20-2017 by Ord. No. 17-067]
Those establishments which create new (or altered) products
from raw materials or other product through various processes for
ultimate distribution and sale. The assembling, fabrication, finishing,
manufacturing, packaging or processing of goods, or the extraction
of minerals. See "manufacturing (heavy)" and "manufacturing (light)."
For the purposes of this chapter, or unless otherwise specified,
institutional uses include public and private schools, nursing homes,
religious activities and associated uses and funeral homes.
See "stream."
See "waste facility, Class 2." A junkyard shall be considered
and reviewed as a Class II waste facility and shall include the following:
AUTOMOBILE OR MOTOR VEHICLE WRECKING YARD, JUNKYARD OR GRAVEYARDAn open outside area occupied by three or more unregistered, unserviceable, discarded or junked automotive vehicles or bodies, engines or their parts, sufficient in bulk to equal three vehicles, and including the commercial salvaging of any other goods, articles or merchandise. "Junkyard" does not include tire storage or operations associated with tire storage such as shredding and processing. (See "waste facility.")
JUNKYARD OR AUTOMOBILE GRAVEYARDAn open outside area used for the storage, keeping, sorting, processing, baling or abandonment of junk, including but not limited to scrap metals or other materials such as paper, rags, bottles, machinery or parts thereof. "Junkyard" differs from "recycling center" in that recycling operations are wholly contained indoors.
See "manufactured housing park."
Establishments primarily engaged in one or more of the following:
Providing dry-cleaning services;
Providing laundering services, including self-service coin-operated
machines for use on the premises;
Providing dropoff and pickup sites for laundries and/or dry
cleaners; and
Providing specialty cleaning services for specific types of
garments and other textile items (except carpets and upholstery),
such as fur, leather, or suede garments; wedding gowns; hats; draperies;
and pillows.
An individual licensed by the State of Maine Department of
Human Services to review and inspect requests for internal and external
plumbing permits.
See "manufacturing (light)."
The shining of light produced by a luminaire beyond the boundaries
of the property on which it is located.
Space logically and conveniently located for bulk pickups
and deliveries, scaled to delivery vehicles expected to be used, and
accessible to such vehicles when required off-street parking spaces
are filled. Required off-street loading space is not to be included
in off-street parking space in the computation of required off-street
parking space.
For purposes of this chapter, an elevation established for
a specific site to which all other elevations at the site are referenced.
This elevation is generally not referenced to the National Geodetic
Vertical Datum (NGVD) or any other established datum and is used in
areas where mean sea level data is too far from a specific site to
be practically used.
For purposes of this chapter, a lot is a registered or recorded
parcel of land of at least sufficient size to meet minimum zoning
requirements for use and dimensions and to provide such yards and
other open spaces as are herein required. For the purposes of this
chapter, an easement shall not be considered a lot.
The area of land enclosed within the boundary lines of a
lot, minus land below the normal high-water line of a water body or
upland edge of a wetland and areas beneath roads serving more than
two lots.
FRONTThe line separating any lot from a street or streets.
REARA lot line which is opposite and most distant from the front lot line; in the case of a triangular or irregular lot, a line 10 feet long within the lot, parallel to and farthest from the front lot line.
SIDEAny lot line not a front or rear lot line.
LOT FRONTAGEThe fee simple or leasehold boundary line of a lot which extends along a recorded or recordable street/road right-of-way which meets the minimum width requirements for the intended use on said lot. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "yards" in this section. Double frontage lots may consider all front footage in determining minimum frontage requirements.
LOT, DOUBLE FRONTAGEA lot abutting two parallel streets, or abutting two intersecting streets at points removed from their juncture.
LOT DEPTHThe distance between the midpoint of straight lines connecting the foremost points of the side lot line in front and the rearmost points of the side lot lines in the rear.
LOT WIDTHThe distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard. For purposes of applying shoreland regulations, minimum lot width shall be considered to be the closest distance between the side lot lines of a lot. When only two lot lines extend into the shoreland zone, both lot lines shall be considered to be side lot lines.
[Amended 4-20-2017 by Ord. No. 17-067; ]
Land designated as a separate and distinct parcel in a legally
recorded deed and plan filed in the Kennebec County Registry of Deeds.
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements found in Part 5, Performance Standards, of this chapter.
Licensed plumbing inspector.
A unit of luminous flux. One footcandle is one lumen per
square foot. For the purposes of this chapter, the lumen output values
shall be the initial lumen output ratings of a lamp.
This is a complete lighting system, and includes a lamp or
lamps and a fixture.[4]
See "manufactured housing."
A structural unit or units designed for occupancy and constructed
in a manufacturing facility and transported by the use of its own
chassis or an independent chassis to a building site. The term includes
any type of building which is constructed at a manufacturing facility
and then transported to a building site where it is used for housing
and may be purchased or sold by a dealer in the interim. For purposes
of this chapter, two types of manufactured housing are included. Those
two types are:
TYPE IThose units constructed after June 15, 1976, commonly called "newer mobile homes," which the manufacturer certifies are constructed in compliance with the United States Department of Housing and Urban Development standards, meaning structures transportable in one or more sections, which, in the traveling mode, are 14 body feet or more in width and are 750 or more square feet, and which are built on a permanent chassis and designed to be used as dwellings, with or without permanent foundations, when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained in the unit.
[Amended 4-20-2017 by Ord. No. 17-067]
This term also includes any structure which meets all the requirements
of this paragraph, except the size requirements, and with respect
to which the manufacturer voluntarily files a certification required
by the Secretary of the United States Department of Housing and Urban
Development and complies with the standard established under the National
Manufactured Housing Construction and Safety Standards Act of 1974,
United States Code, Title 42, § 5401 et seq.; and
TYPE IIThose units commonly called "modular homes," which the manufacturer certifies are constructed in compliance with Title 10, Chapter 951, and rules adopted under that chapter, meaning structures, transportable in one or more sections, which are not constructed on a permanent chassis and are designed to be used as dwellings on foundations when connected to required utilities, including the plumbing, heating, air-conditioning or electrical systems contained in the unit.
[Amended 4-20-2017 by Ord. No. 17-067]
For purposes of flood damage prevention standards, the term
"manufactured housing" also includes park trailers, travel trailers,
and other similar vehicles placed on a site for greater than 180 consecutive
days.
For purposes of flood damage prevention rules and regulations,
a parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
Heavy manufacturing shall include industrial uses, including
assembly, fabrication, processing, packaging, storage, distribution,
or other industrial processing of products, in which manufacturing
processes are conducted indoors or out of doors and in which external
evidence of the manufacturing process is detectable out of doors,
and shall include any establishment or facility using large unscreened
outdoor structures that cannot be integrated into the building design,
or engaging in large-scale outdoor storage. Heavy manufacturing, for
the purposes of this chapter, includes but is not limited to wood
fiber products manufacturing; chemical manufacturing; textile mills;
steel fabrication; manufactured housing manufacturing; roof truss
manufacturing; sawmills, turneries and fuel wood production; dairies;
grain mills; seafood products production; and beverage manufacturing.
Light manufacturing shall include industrial uses, including
manufacturing, assembly, fabrication, processing, packaging, storage,
distribution, or other processing of products, in which manufacturing
processes are wholly contained within a building and which exhibit
no external evidence of a manufacturing process such as but not limited
to noise, odor, vibration, dust, smoke, cinders, or fumes.
A public or private laboratory that is authorized and accredited
in accordance with state law.
[Added 6-20-2019 by Ord.
No. 19-089]
A business establishment having frontage on navigable water
and, as its principal use, providing for hire offshore 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 4-20-2017 by Ord. No. 17-067]
The estimated price a property will bring in the open market
and under prevailing market conditions in a sale between a willing
seller and a willing buyer, both conversant with the property and
with prevailing general price levels.
A social service organization where food is distributed,
either prepared or unprepared, for free or below market price.
[Added 12-15-2017 by Ord.
No. 16-187]
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum to
which base flood elevations shown on Augusta's Flood Insurance Rate
Map are referenced.
A facility operated by two or more licensed practitioners
of the healing arts providing medical, psychiatric, or surgical service
for sick or injured persons or for the examination, diagnosis, health
maintenance, and treatment of persons solely on an outpatient basis.
A facility exclusively used by patients and their families
visiting Augusta to access services at the Alfond Center for Health
and the Alfond Center for Cancer Care.
[Added 2-6-2014 by Ord.
No. 14-017]
Includes Medical Marijuana Testing Facility, Medical Marijuana
Manufacturing Facility, Medical Marijuana Registered Caregivers, Medical
Marijuana Caregiver Retail Store, Medical Marijuana Registered Caregiver
(Home Occupation), and Registered Dispensaries.
[Added 6-20-2019 by Ord.
No. 19-089]
A location other than the permanent residence of a registered
caregiver or a qualifying patient from which a registered caregiver
provides marijuana for medical use to a qualifying patient.
[Added 6-20-2019 by Ord.
No. 19-089]
A registered tier 1 or tier 2 manufacturing facility, as
designated by state law, or a person authorized to engage in marijuana
extraction under 22 MRS § 2423-F.
[Added 6-20-2019 by Ord.
No. 19-089]
A person or an assistant of that person that provides care
for a qualifying patient in accordance with state law and licensing
and is registered with the state in accordance with state law. A Medical
Marijuana Registered Caregiver may operate in a variety of ways including
operating one retail store, in accordance with state law and the standards
of this ordinance.
[Added 6-20-2019 by Ord.
No. 19-089]
A person or an assistant of that person that provides care
for a qualifying patient in accordance with state law and licensing
and is registered with the state in accordance with state law and
in accordance with the Home Occupation standards of this ordinance.
This use shall be delivery-only, with no visits to the Caregiver’s
home by patients.
[Added 6-20-2019 by Ord.
No. 19-089]
As used in this chapter, "MH" is equivalent to "mobile home"
or "manufactured housing"; "MHP" is equivalent to "mobile home park"
and "manufactured housing park."[5]
Hand sampling, test boring, or other methods of determining
the nature or extent of mineral resources which create minimal disturbance
to the land and which include reasonable measures to restore the land
to its original condition.
Any operation where soil, topsoil, loam, sand, gravel, clay,
rock, peat, or other mined material is removed from its natural location
or where it is handled. All of the land area disturbed or otherwise
developed for the extraction, removal, handling, processing, or storage
of sand, gravel, clay, minerals, stone, rock, or topsoil, including
any access roads and cleared areas adjacent to a pit or excavated
area, structures, office building, parking lots and stockpiles, is
considered to be a part of the mineral extraction site or area. Accessory
uses may be conducted at a mineral extraction activity site.
See "lot measurements": "lot width."
All development that is not new floodplain construction or
a substantial improvement, such as repairs, maintenance, renovations,
or additions, whose value is less than 50% of the market value of
the structure. It also includes but is not limited to accessory structures
as provided for in this chapter, mining, dredging, filling, grading,
paving, excavation, drilling operations, storage of equipment or materials,
deposition or extraction of materials, public or private sewage disposal
systems or water supply facilities that do not involve structures,
and nonstructural projects such as bridges, dams, towers, fencing,
pipelines, wharves, and piers.
See "manufactured housing."
A parcel of land under unified ownership approved by the
municipality for the placement of three or more units of manufactured
housing.
See "manufactured housing." Classified as a "one-family dwelling"
land use.
[Amended 4-15-2021 by Ord. No. 21-066]
A residential structure containing three or more residential
dwelling units.
[Amended 4-20-2017 by Ord. No. 17-067]
The use of land for public utility purposes by an entity
providing pipeline, gas, electrical, telephone, telegraph, water,
or sewage service. "Public utility" also includes the use of land
for utility purposes, whether or not owned, controlled, or operated
by a public entity, whose services are performed for or commodities
delivered to the public or any portion thereof. Facilities that provide
for the transmission, transfer, and distribution of telephone service
and related activities that are not a minor or major utility facility.
For the purposes of this chapter, a municipal or public utility or
communications facility includes, but is not limited to, the following:
a private telephone company or paging service, any utility regulated
by the Maine Public Utilities Commission, and any other commercial
communications tower.
MAJOR MUNICIPAL OR PUBLIC UTILITIES/COMMUNICATIONS FACILITIESAny public service improvement or structure developed by or for a public agency that is not defined as a "minor public facility," including but not limited to water, sanitary treatment plants, electric transmission lines and electric generation plants.
MINOR MUNICIPAL OR PUBLIC UTILITIES/COMMUNICATIONS FACILITIESAny public service improvement or structure developed by or for a public agency that is not defined as a "major public utility or communications facility," including but not limited to pumping and pressure control stations, standpipes, reservoirs, wells and other water storage structures, telephone equipment huts (over 200 square feet) and electricity regulating substations.
WIRELESS MUNICIPAL OR PUBLIC UTILITIES/COMMUNICATIONS FACILITIESAny structure, antenna, tower, or other device which provides radio/television transmission, commercial mobile wireless services, unlicensed wireless services, cellular phones services, specialized mobile radio communications (SMR), common-carrier wireless exchange phone services, and personal communications services (PCS) or pager services.
A nonprofit, permanent institution in the service of society
and its development, open to the public, which acquires, conserves,
researches, communicates and exhibits the tangible and intangible
heritage of humanity and its environment for the purposes of education,
study and enjoyment.
[Added 5-7-2015 by Ord.
No. 15-070]
Indigenous to the local forests.
[Added 4-20-2017 by Ord.
No. 17-067]
A small convenience retail establishment which does not include
gasoline refueling facilities. See "convenience retail."
The calculated area of the buildable portion of a lot after
deducting minimum required open space for residential projects, or
required floor area factor for nonresidential projects, from the base
site area.
Structures for which the start of construction commenced
on or after the effective date of the floodplain management regulations
adopted by the City of Augusta in July of 1987.
Structures for which the start of floodplain construction
commenced on or after the effective date of the initial floodplain
management regulations adopted by a community and includes any subsequent
improvements to such structures.
Any structure for which construction begins on or after September
23, 1988, and including any subsequent improvements to such structures.
The area included in the expansion of an existing structure is deemed
to be a new structure for the purposes of applying subdivision regulations.
See "subdivision."
The National Geodetic Vertical Datum, whose standard was
established in 1929, which is used by the National Flood Insurance
Program (NFIP). See "mean sea level."
A structure which does not meet any one or more of the following
dimensional requirements: setback, floor area ratio, height, lot coverage
or footprint, but which is allowed to remain solely because it was
in lawful existence at the time this chapter or subsequent amendments
took effect.
[Amended 4-20-2017 by Ord. No. 17-067]
A nonconforming lot, structure or use which is allowed solely
because it was in lawful existence at the time this chapter or subsequent
amendment took effect.
[Added 4-20-2017 by Ord.
No. 17-067]
A single lot of record which, at the effective date of adoption
or amendment of this chapter, does not meet the area, frontage, width,
depth, or impervious surface requirements of the district in which
it is located.
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 chapter or subsequent amendments took effect.
[Amended 4-20-2017 by Ord. No. 17-067]
A species of vegetation listed by the Maine Department of
Agriculture, Conservation and Forestry as being invasive in Maine
ecosystems and not native to Maine ecosystems.
[Added 4-20-2017 by Ord.
No. 17-067]
That line which is apparent from visible markings, changes
in the character of soils due to prolonged action of the water or
changes in vegetation, and which distinguishes between predominantly
aquatic and predominantly terrestrial land. Areas contiguous with
rivers and great ponds that support nonforested wetland vegetation
and hydric soils and that are at the same or lower elevation as the
water level of the river or great pond during the period of normal
high water are considered part of the river or great pond.
[Amended 4-20-2017 by Ord. No. 17-067]
The national datum whose standard was established in 1988,
which is the new vertical datum used by the National Flood Insurance
Program (NFIP) for all new Flood Insurance Rate Maps. NAVD is based
upon vertical datum used by other North American countries such as
Canada and Mexico and was established to replace NGVD because of constant
movement of the earth's crust, glacial rebound, and subsidence and
the increasing use of satellite technology.
A school for children who are ineligible to attend kindergarten
classes as offered by either the public or private school systems
in the City. For the purposes of this chapter, a nursery school shall
be viewed as a day-care center.
A facility which is operated in connection with a hospital,
or in which nursing care and medical services are prescribed by or
performed under the general direction of persons licensed to practice
medicine or surgery in the state, for the accommodation of convalescent
or other persons who are not acutely ill and not in need of hospital
care, but who do require skilled nursing care and related medical
services. The term "nursing home" or "nursing facility" is restricted
to those facilities, the purpose of which is to provide skilled nursing
care and related medical services for a period of not less than 24
hours per day to individuals admitted because of illness, disease
or physical or mental infirmity and which provides a community service.
See "base flood."
Land used for recreation, resource protection, amenity and/or
buffers. In no event shall any area of a lot constituting the minimum
lot area of said lot nor any part of any existing or future road or
right-of-way be counted as constituting open space.
A ratio derived by dividing open space by the base site area.
The nighttime illumination of an outside area or object by
any man-made device located outdoors that produces light by any means.
Establishments primarily engaged in the sales, repair, and/or
service of accessory structures such as sheds, mobile homes, farm
machinery, construction equipment, recreational vehicles, boats, motorcycles,
ATVs, and similar activities, which are displayed outdoor and/or indoor
and may include parts sales.
[Added 4-15-2021 by Ord.
No. 21-068]
Any perennial or intermittent stream, as shown on the most-recent,
highest-resolution version of the national hydrography dataset available
from the United States Geological Survey on the website of the United
States Geological Survey or the national map, that flows from a freshwater
wetland.
[Added 4-20-2017 by Ord.
No. 17-067]
A natural or landscaped area, buildings, or structures provided
to meet the active or passive recreational needs of people and for
the preservation and exhibition of natural areas or settings. Examples
include but are not limited to wildlife sanctuaries, conservation
areas, nature centers or preserves.
A parcel or area of land designed for the parking of motor
vehicles.
A space adequate for parking an automobile with room for
opening doors on both sides, together with properly related access
to a public street or alley and maneuvering room.
Any of the following:
A full, poured concrete or masonry foundation;
A poured concrete frost wall or a mortared masonry frost wall,
with or without a concrete floor;
A reinforced, floating concrete pad for which the City of Augusta
may require an engineer's certification if it is to be placed on soil
with high frost susceptibility; or
Any foundation which, pursuant to the Building Code for the
City of Augusta, is permitted for other types of single-family dwellings.
Any person, firm, or corporation receiving a permit from
the City of Augusta.
An individual, corporation, governmental agency, municipality,
trust, estate, partnership, association, two or more individuals having
a joint or common interest, or other legal entity.
Establishments primarily engaged in providing individual
services but not goods involving the care of a person or his or her
personal goods and apparel. Examples include but are not limited to
salons/spas, massage facilities, tailor shops and clothing rental
services, and other services, unless the use is defined elsewhere
in this chapter.
A place where drugs and medicines are prepared and dispensed.
Nonprescription medicines, personal care items, cosmetics, food supplements,
medical care devices, and nonmedical supplies may also be sold. A
pharmacy may include the sale of convenience retail items, not including
gasoline.
[Amended 4-20-2017 by Ord. No. 17-067]
A development in which clustering of units or uses permits
better land use practices to be employed. See "clustered residential
development."
Land with or without the buildings and structures thereon.
A structure other than one which is used for purposes wholly
incidental or accessory to the use of another structure or use on
the same lot.
[Amended 4-20-2017 by Ord. No. 17-067]
A use other than one which is wholly incidental or accessory
to another use on the same lot.
[Amended 4-20-2017 by Ord. No. 17-067]
Any facility, including, but not limited to, buildings, property,
recreation areas, and roads, which is owned, leased or otherwise operated
or funded by a governmental body or public entity.
[Amended 4-20-2017 by Ord. No. 17-067]
Facilities operated by public agencies to provide services
relating to the general health, safety, and welfare of the population,
including but not limited to fire stations and other fire prevention
and firefighting facilities; police and sheriff substations and headquarters,
including interim incarceration facilities; and emergency response
services.
See "municipal or public utilities and communications facilities."
Establishments primarily engaged in acting as agents and/or
brokers in one or more of the following: selling real estate for others;
buying real estate for others; and renting real estate for others.
The following soil series as described and identified by
the National Cooperative Soil Survey: Alluvial, Cornish, Charles,
Fryeburg, Hadley, Limerick, Lovewell, Medomak, Ondawa, Podunk, Rumney,
Saco, Suncook, Sunday, Winooski.
A place designed and equipped for the conduct of indoor and/or
outdoor sports, leisure-time activities, and other customary and usual
recreational activities, excluding boat launching facilities.
A vehicle or an attachment to a vehicle built on a single
chassis; 400 square feet or less when measured at the largest horizontal
projection, not including slideouts; designed to be self-propelled
or towed and designed for temporary sleeping or living quarters for
one or more persons, and which may include a pick-up camper, travel
trailer, tent trailer, camp trailer and motor home. In order to be
considered as a vehicle and not as a structure, the unit must remain
with its tires on the ground and must be registered with the State
Division of Motor Vehicles.
[Amended 4-20-2017 by Ord. No. 17-067]
A personal service use located and operated primarily for
the convenience of residents of a community or region and devoted
to the collection (or redemption) and separation of household nonorganic
waste products for eventual reprocessing and recycling (off site)
into new products for sale to the general public. Recycling centers
which handle waste from business, commerce and industry are considered
waste facilities. "Recycling center" does not include septage processing
or composting facilities.
An entity registered under 22 MRS § 2425-A that
acquires, possesses, cultivates, manufactures, delivers, transfers,
transports, sells, supplies or dispenses marijuana or related supplies
and educational materials to qualifying patients and the caregivers
of those patients.
[Added 6-20-2019 by Ord.
No. 19-089]
The channel of a river or other watercourse and the 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; and
[Amended 4-20-2017 by Ord. No. 17-067]
In Zone A, the channel of a river or other watercourse and the
adjacent land areas to a distance of 1/2 the width of the floodplain
as measured from the normal high-water mark to the upland limit of
the floodplain.
A structure or place where persons regularly assemble for
worship, ceremonies, rituals, education, and related social events
pertaining to a particular system of beliefs, and which structure
or place, together with its accessory buildings and uses, is maintained
and controlled by a religious body organized to sustain religious
ceremonies and purposes. “Religious activities” includes,
but is not limited to, churches, religious temples, convents, monasteries,
parsonages, rectories, religious camps and retreat sites.
[Amended 4-20-2017 by Ord. No. 17-070]
A system intended to replace:
[Added 4-20-2017 by Ord.
No. 17-067]
A building or group of buildings in which are located facilities
for scientific research, investigation, testing, or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the main purpose of the laboratory.
See "dwelling unit."
An establishment where food and/or beverages are prepared,
served, and consumed.
FAST-FOOD RESTAURANTRestaurants where most customers order and are served their food at a counter or in a motor vehicle in packages prepared to leave the premises or able to be taken to a table or counter to be consumed.
STANDARD RESTAURANTRestaurants where food and beverages are prepared, served, and consumed primarily within the principal building, and where table service rather than counter service is provided for ordering and serving the food. Standard restaurants also include cafeteria or buffet-style dining.
The further division of an existing parcel within an approved
subdivision or any change to the location of the lot lines therein,
or the relocation of any street or lot line in a subdivision.
Establishments engaged in the selling of goods or merchandise
directly to the consumer and not for resale and in rendering services
incidental to the sale of such goods.
An establishment primarily engaged in selling food products,
household items, newspapers and magazines, candy and beverages, and
a limited amount of freshly prepared foods directly to the consumer
for off-premises consumption. Convenience stores may provide for gasoline
refueling facilities.
A retail establishment specializing in the sale of medical
supplies, including prescription and nonprescription drugs. Examples
include but are not limited to convalescent supply stores, food supplement
stores, hearing aid stores, prosthetic stores, home health care supply
stores, and sick room supply stores.
Retail operations that specialize in one type or line of
merchandise. Specialty retail does not include auto sales.
A public or private strip of land of a specified width, owned
in fee or controlled by easement, which confers legally granted rights
of passage and is occupied or intended to be occupied by a street,
crosswalk, railroad, road, utility, or other special use. A right-of-way
which is controlled by easement shall be recorded in the Kennebec
County Registry of Deeds. Said easement on a private right-of-way
shall be required to permanently run with the land.
Rocks, irregularly shaped, and at least six inches in diameter,
used for erosion control and soil stabilization, typically used on
ground slopes of two units horizontal to one unit vertical or less.
[Added 4-20-2017 by Ord.
No. 17-067]
A free-flowing body of water, including its associated floodplain
wetlands from that point at which it provides drainage for a watershed
of 25 square miles to its mouth.
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
A public or private right-of-way, usually of a rural design,
a route or track consisting of a bed of exposed mineral soil, gravel,
asphalt, or other surfacing material constructed for or created by
the repeated passage of motorized vehicles, excluding a driveway as
defined.
[Amended 4-20-2017 by Ord. No. 17-067]
A building or group of attached or detached buildings containing
three or more rooms for occupancy for weekly or longer periods of
time with or without board, in which common kitchen or living facilities
may or may not be provided, as distinguished from hotels and tourist
homes in which rentals are generally for daily or weekly periods and
occupancy is by transients. A rooming house may be operated for profit
or by nonprofit agencies which do not require payment from occupants.
Rooming house units shall not meet the definition of a "dwelling unit."
For the purposes of computing density and parking requirements, two
rooms shall equal one multifamily dwelling unit.
[Amended 11-17-2017 by Ord. No. 16-185]
Areas of coastal wetland (most often along coastal bays)
that support salt-tolerant species and where, at average high tide
during the growing season, the soil is irregularly inundated by tidal
waters. The predominant species is saltmarsh cordgrass (Spartina alterniflora).
More open areas often support widgeon grass, eelgrass, and Sago pondweed.
[Added 4-20-2017 by Ord.
No. 17-067]
Areas of a coastal wetland that support salt-tolerant plant
species bordering the landward side of salt marshes or open coastal
water, where the soil is saturated during the growing season but which
is rarely inundated by tidal water. Indigenous plant species include
salt meadow cordgrass (Spartina patens) and black rush; common threesquare
occurs in fresher areas.
[Added 4-20-2017 by Ord.
No. 17-067]
A tree species with a trunk that is less than two inches
in diameter at 4.5 feet above ground level.
[Added 4-20-2017 by Ord.
No. 17-067]
A use of land or structures designed and arranged to be used
for less than 10 months in the year.
The deposition of soil particles that have been transported
from their site of origin by water, ice, wind, gravity, or other natural
means.
A young tree species that is less than 4.5 feet in height
above ground level.
[Added 4-20-2017 by Ord.
No. 17-067]
Establishments primarily engaged in operating facilities
with coin-operated or similar self-service laundry equipment for customer
use on the premises.
A building or group of buildings containing separate, individual,
and private storage spaces of varying sizes available for lease or
rent for varying periods of time where clients retain a key and can
independently store and retrieve their goods.
Establishments primarily engaged in providing assistance,
as opposed to products, to individuals, business, industry, government,
and other enterprises. The sale of goods is permitted only when incidental
to the providing of services. Examples of services include but are
not limited to miscellaneous repair services (excluding automotive
repair/services); parking services; rental services; animal boarding/riding
services; motion-picture services; amusement and recreation services
such as bowling centers, miniature golf courses, pool rooms, and campgrounds;
cultural services such as art galleries and botanical and zoological
gardens; and other service uses not specifically classified in the
Table of Land Uses in the Base Zoning Districts.[6]
[Amended 5-7-2015 by Ord.
No. 15-070]
Any utility line extension which does not cross or run beneath
any portion of a water body, provided that:
[Added 4-20-2017 by Ord.
No. 17-067]
See "automobile business."
The nearest horizontal distance from a lot line or normal
high-water line of a water body or tributary stream, or upland edge
of a wetland, to the nearest part of a structure, road, parking space
or other regulated object or area.
[Amended 4-20-2017 by Ord. No. 17-067]
A social services facility providing temporary overnight
shelter in a dormitory-style or per-bed arrangement.
[Added 11-17-2017 by Ord.
No. 16-186]
Establishments primarily engaged in repairing footwear without
retailing new footwear.
A group of commercial establishments planned, developed,
and managed as a unit.
The length of a lot bordering on a water body or a wetland
measured in a straight line between the intersections of the side
lot lines with the shoreline.
[Amended 4-20-2017 by Ord. No. 17-067]
The land located within 250 feet, horizontal distance, of
the normal high-water line of any great pond or river; within 250
feet, horizontal distance, of the upland edge of a coastal wetland,
including all areas affected by tidal action; within 250 feet of the
upland edge of a freshwater wetland; or within 75 feet of the normal
high-water line of a stream.
[Amended 4-20-2017 by Ord. No. 17-067]
The normal high-water line or upland edge of a freshwater
or coastal wetland.
[Added 4-20-2017 by Ord.
No. 17-067]
Any structure, device, letter, banner, symbol or other representation
which is used or is in the nature of an advertisement, announcement
or direction. "Sign" includes permanent, portable, temporary or mobile
(including vehicular signs) signs. "Attached signs" includes those
that are permanently attached to a building and supported entirely
from it, including those which are mounted flat against a wall and
those that are constructed without attachment to a building and are
freestanding. "Sign" includes the full sign assembly, including base,
poles and other mounting hardware, and message board. Murals painted
for the purposes of art or architectural enhancement and containing
no advertisement, announcement, or direction shall be excluded from
regulation.
See 38 M.R.S.A. § 437. Note: No significant river
segments exist in Augusta.
[Amended 4-20-2017 by Ord. No. 17-067]
A self-contained dwelling unit that provides ambulatory independent
living for one resident per unit. Each SRO unit shall be a minimum
of 150 square feet in size and a maximum of 375 square feet for non-handicapped-accessible
units (or 425 square feet for handicapped-accessible units). Each
unit may provide kitchenettes and private bathroom facilities in each
unit and/or shared common bathrooms and kitchens. Multiple-family
dwellings that incorporate multiple SRO dwelling units may include,
but are not required to include, common gathering spaces for residents,
program spaces, office space, and common laundry facilities.
Any distillery, brewery or bakery that occupies less than
5,000 square feet of floor space for manufacturing. Any associated
restaurant and/or retail element must be primarily for the sale of
the product being produced on site, and shall not be included as part
of the square footage floor space calculations.
[Added 10-16-2014 by Ord.
No. 14-178; amended 10-4-2018 by Ord. No. 18-151]
Establishments primarily engaged in providing nonresidential
individual and family social assistance services to advance the welfare
of citizens in need. A social service may include the following accessory
uses: office, medical office, or clinic uses; vocational or trade
training; supporting personal services; or a food and goods distribution
facility.
A system for transforming solar energy into another form
of energy either for electrical or heat generation purposes. Systems
are considered structures and subject to building height and setback
standards, and may be further regulated in Historic Districts. Three
defined sizes are based on the perimeter boundary of all the structures
of the system, including space between rows of structures.
[Added 2-21-2019 by Ord. No. 19-024]
SMALL SCALE SOLAR ENERGY SYSTEMA system smaller than 1,500 square feet.
MEDIUM SCALE SOLAR ENERGY SYSTEMA system 1,500 square feet to less than 15,000 square feet.
LARGE SCALE SOLAR ENERGY SYSTEMA system 15,000 square feet or larger.
A use which would not generally be appropriate in a particular
zoning district, but which, as determined by a two-thirds majority
of the Planning Board, if specifically designed to be compatible with
both the adjacent physical neighborhood and is designed to advance
the purposes of the particular zoning district being contemplated,
would support the public safety, health, convenience, and welfare
of that district. A special exception for a particular use shall be
allowed in a district only if the regulations for that district specifically
allow that use and only when the Planning Board finds that such use
meets all of the requirements applicable to it as specified in this
chapter.
See "area of special flood hazard."[7]
A retail operation specializing in a specific type or class
of foods, such as an appetizer store; bakery; butcher; delicatessen;
fish shop; gourmet shop; or foods associated with a particular nationality,
religious observance, dietary practices, or cuisine.
A facility for the custom reproduction of written or graphic
materials on a custom order basis for individuals or businesses. Typical
processes include, but are not limited to, photocopying, blueprint,
and facsimile sending and receiving, and including offset printing.
The date the building permit was issued, provided the actual
start of floodplain construction, repair, reconstruction, rehabilitation,
addition, placement, substantial improvement or other improvement
was within 180 days of the permit date. The "actual start" means either
the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of
excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling, nor does it include the installation
of streets and/or walkways, nor does it include excavation for basement,
footings, piers, or foundations or the erection of temporary forms,
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the "actual start of floodplain construction" means the first alteration
of any wall, ceiling, floor, or other structural part of a building,
or modification of any construction element, whether or not that alteration
affects the external dimensions of the building.
Land area where the inclination of the land's surface from
the horizontal is 15% or greater. See "sustained slope."
A tree that has been uprooted, blown down, is lying on the
ground, or that remains standing and is damaged beyond the point of
recovery as the result of a storm event.
[Added 4-20-2017 by Ord.
No. 17-067]
The waters derived from rains falling within a tributary
drainage basin, flowing over the surface of the ground or collected
in channels, watercourses or conduits.
A free-flowing body of water from the outlet of a great pond
or the confluence of two perennial streams, as depicted on the most-recent,
highest-resolution version of the national hydrography dataset available
from the United States Geological Survey on the website of the United
States Geological Survey (http://nhd.usgs.gov) or the national map,
to the point where the stream meets the shoreland zone of another
water body or wetland. When a stream meets the shoreland zone of a
water body or wetland and a channel forms downstream of the water
body or wetland as an outlet, that channel is also a stream. Intermittent
streams run six months or less during any twelve-month period. See
"tributary stream."
[Amended 4-20-2017 by Ord. No. 17-067]
For the purposes of this chapter and for determining minimum
road frontage requirements, a street is considered to be any public
or private right-of-way of a specified width, or a right-of-way shown
on a recordable subdivision plan approved by the Planning Board. Approval
of a private right-of-way meeting minimum road frontage requirements
shall in no way be construed to imply acceptance by the City of Augusta
for purposes of maintenance, improvements or other City services.
The right-of-way line of a street.
[Amended 4-20-2017 by Ord. No. 17-067]
Anything temporarily or permanently located, built, constructed
or erected for the support, shelter or enclosure of persons, animals,
goods or property of any kind, together with anything constructed
or erected on or in the ground, exclusive of fences, poles and wiring
and other aerial equipment normally associated with service drops,
including guy wires and guy anchors, subsurface wastewater disposal
systems as defined in M.R.S.A. Title 30-A, § 4201, Subsection
5, geothermal heat exchange wells as defined in M.R.S.A. Title 32, § 4700-E,
Subsection 3-C, or wells or water wells as defined in M.R.S.A. Title
32, § 4700-E, Subsection 8, sidewalks and handicap ramps.
The term includes structures permanently or temporarily located, such
as decks, patios, signs, gas or liquid storage tanks that are principally
stored above ground, and satellite dishes.
Any structure having a roof supported by columns or walls.
Buildings separated only by party walls or abutting walls without
openings shall be deemed to be separate buildings.
For floodplain purposes, "structure" means a walled and roofed
building and includes a gas or liquid storage tank that is principally
above ground.
The division of a tract or parcel of land into three or more
lots within any five-year period that begins on or after September
23, 1971. This definition applies whether the division is accomplished
by sale, lease, development, buildings or otherwise. The term "subdivision"
also includes the division of a new structure or structures on a tract
or parcel of land into three or more dwelling units within a five-year
period, the construction or placement of three or more dwelling units
on a single tract or parcel of land and the division of an existing
structure or structures previously used for commercial or industrial
use into three or more dwelling units within a five-year period (see
Subsection J below for building/structure exceptions).
[Amended 6-2-2022 by Ord. No. 22-088]
In determining whether a tract or parcel of land is divided
into three or more lots, the first dividing of the tract or parcel
is considered to create the first two lots and the next dividing of
either of these first two lots, by whomever accomplished, is considered
to create a third lot, unless both dividings are accomplished by a
subdivider who has retained one of the lots for the subdivider's own
use as a single-family residence that has been the subdivider's principal
residence for a period of at least five years immediately preceding
the second division; or the division of the tract or parcel is otherwise
exempt under this subchapter.[8]
The dividing of a tract or parcel of land and the lot or lots
so made, which dividing or lots when made are not subject to this
subchapter, do not become subject to this subchapter by the subsequent
dividing of that tract or parcel of land or any portion of that tract
or parcel. The municipal reviewing authority shall consider the existence
of the previously created lot or lots in reviewing a proposed subdivision
created by a subsequent dividing.
A lot of 40 or more acres must be counted as a lot, except when
a municipality has, by ordinance, or the municipal reviewing authority
has, by regulation, elected not to count lots of 40 or more acres
as lots for the purposes of this subchapter when the parcel of land
being divided is located entirely outside any shoreland area as defined
in 38 M.R.S.A. § 435 or a municipality's shoreland zoning
ordinance.
A division accomplished by devise, condemnation, order of court,
gift to a person related to the donor of an interest in property held
by the donor for a continuous period of five years prior to the division
by gift, or gift to a municipality if that municipality accepts the
gift does not create a lot or lots for the purposes of this definition,
unless the intent of the transferor is to avoid the objectives of
this subchapter. If the real estate exempt under this subsection is
transferred within five years to another person not related to the
donor of the exempt real estate as provided in this subsection, then
the previously exempt division creates a lot or lots for the purposes
of this definition. "Person related to the donor" means a spouse,
parent, grandparent, brother, sister, child or grandchild related
by blood, marriage or adoption. A gift under this subsection cannot
be given for consideration that is more than 1/2 the assessed value
of the real estate.
A division accomplished by the transfer of any interest in land
to the owners of land abutting that land that does not create a separate
lot does not create a lot or lots for the purposes of this definition,
unless the intent of the transferor is to avoid the objectives of
this subchapter. If the real estate exempt under this subsection is
transferred within five years to another person without all of the
merged land, then the previously exempt division creates a lot or
lots for the purposes of this definition.
A division accomplished by the transfer of any interest in land
to the owners of land abutting that land that does not create a separate
lot does not create a lot or lots for the purposes of this definition,
unless the intent of the transferor is to avoid the objectives of
this subchapter. If the real estate exempt under this subsection is
transferred within five years to another person without all of the
merged land, then the previously exempt division creates a lot or
lots for the purposes of this definition.
In determining the number of dwelling units in a structure,
the provisions of this definition regarding the determination of the
number of lots apply, including exemptions from the definition of
a "subdivision of land."
This subchapter may not be construed to prevent a municipality
from enacting an ordinance under its home rule authority that otherwise
regulates land use activities. A municipality may not enact an ordinance
that expands the definition of "subdivision" except as provided in
this subchapter. A municipality that has a definition of "subdivision"
that conflicts with the requirements of this subsection at the time
this subsection takes effect shall comply with this subsection no
later than January 1, 2021. Such a municipality must file its conflicting
definition at the county registry of deeds by June 30, 2020, for the
definition to remain valid for the grace period ending January 1,
2021. A filing required under this paragraph must be collected and
indexed in a separate book in the registry of deeds for the county
in which the municipality is located.
The grant of a bona fide security interest in an entire lot that has been exempted from the definition of "subdivision" under Subsections D and E, or subsequent transfer of that entire lot by the original holder of the security interest or that person's successor in interest, does not create a lot for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this subchapter.
Division of new or existing structures. Beginning July 1, 2018, a division of a new or existing structure into three or more dwelling units wheter the division is accomplished by sale, lease, development or otherwise shall not be subject to Subdivision Review, however shall be subject to review per § 300-603, Conditional uses (see M.R.S.A. Title 30-A, § 4402, Exceptions).
Any subdivision involving the development of a street. A
major subdivision shall also include those developments which create
six or more lots or units, whether on an existing street or on or
within a proposed street or street system.
Any subdivision not involving the development of a street
and involving the creation of fewer than six lots or units.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals 50% of the market value of
the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
Completion of 30% of a permitted structure or use measured
as a percentage of estimated total cost.
[Added 4-20-2017 by Ord.
No. 17-067]
Any system designed to dispose of waste or wastewater on
or beneath the surface of the earth; includes, but is not limited
to: septic tanks; disposal fields; grandfathered cesspools; holding
tanks; pretreatment filter, piping, or any other fixture, mechanism,
or apparatus used for those purposes; does not include: any discharge
system licensed under 38 M.R.S.A. § 414, any surface wastewater
disposal system, or any municipal or quasi-municipal sewer or wastewater
treatment system. The term shall not include a wastewater disposal
system designed to treat wastewater which is in whole or in part hazardous
waste as defined in 38 M.R.S.A. Chapter 13, Subchapter 1.
[Amended 4-20-2017 by Ord. No. 17-067]
A change in elevation where the referenced percent grade
is substantially maintained or exceeded throughout the measured area.
[Added 4-20-2017 by Ord.
No. 17-067]
Establishments primarily engaged in providing local and suburban
passenger transportation. Taxi services utilize cars, trucks, or vans
and are generally not operated over regular routes and on regular
schedules; establishments of taxicab owner/operators, taxicab fleet
operators, or taxicab organizations are included in this industry.
Buses are generally operated over regular routes and on regular schedules
within a metropolitan area and adjacent nonurban areas.
City of Augusta Technical Standards Handbook maintained by
the City of Augusta City Services Department.
A mobile home, travel trailer, truck trailer, or other structure
used as temporary offices to meet a short-term need.
The specific illumination of an outside area or object by
any man-made device located outdoors that produces light by any means
for a period of less than seven days, with at least 180 days passing
before being used again.
All waters affected by tidal action during the highest annual
tide.
[Added 4-20-2017 by Ord.
No. 17-067]
The cutting and removal of timber for the primary purpose of selling or processing forest products. Timber harvesting does not include the cutting or removal of vegetation within the shoreland zone when associated with any other land use activities. The cutting or removal of trees in the shoreland zone on a lot that has less than two acres within the shoreland zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to § 300-528C, Clearing or removal of vegetation for activities other than timber harvesting.
[Amended 4-20-2017 by Ord. No. 17-067]
A building or group of attached or detached buildings containing
in combination three to 16 lodging and/or dwelling units for occupancy
for daily or weekly periods, with or without board, and primarily
for occupancy by transients, as distinguished from multiple dwellings
and rooming houses in which the occupancy is primarily by residents
rather than transients. A tourist home is not owner-occupied. See
"bed-and-breakfast"; see "hotel."
All contiguous land in the same ownership, provided that
lands located on opposite sides of a public or private road are considered
each a separate tract or parcel of land unless the road was established
by the owner of land on both sides of the road.
A woody perennial plant with a well-defined trunk(s) at least
two inches in diameter at 4.5 feet above the ground, with a more or
less definite crown, and reaching a height of at least 10 feet at
maturity.
[Added 4-20-2017 by Ord.
No. 17-067]
A channel between defined banks created by the action of
surface water, which is characterized by the lack of terrestrial vegetation
or by the presence of a bed, devoid of topsoil, containing water-borne
deposits or exposed soil, parent material or bedrock, and which is
connected hydrologically with other water bodies. "Tributary stream"
does not include rills or gullies forming because of accelerated erosion
in disturbed soils where the natural vegetation cover has been removed
by human activity. This definition does not include the term "stream,"
as defined elsewhere in this chapter, and only applies to that portion
of the tributary stream located within the shoreland zone of the receiving
water body or wetland.
[Amended 4-20-2017 by Ord. No. 17-067]
A structure or land primarily used for the temporary storage
and maintenance of motor transport carriers. Truck terminals may also
be used for the temporary storage of goods awaiting transfer or wholesale
distribution by means of motor carrier transportation.
The boundary between upland and wetland. For purposes of
a coastal wetland, this boundary is the line formed by the landward
limits of the salt-tolerant vegetation and/or the highest annual tide
level, including all areas affected by tidal action. For purposes
of a freshwater wetland, the upland edge is formed where the soils
are not saturated for a duration sufficient to support wetland vegetation;
or where the soils support the growth of wetland vegetation but such
vegetation is dominated by woody stems that are six meters (approximately
20 feet) tall or taller.
[Amended 4-20-2017 by Ord. No. 17-067]
The purpose for which land or a building or structure or
a part thereof is arranged, designed, intended or occupied.
For the purposes of this chapter, means a grant of relief
by the Board of Zoning Appeals:
All live trees, shrubs, and other plants, including, without
limitation, trees both over and under four inches in diameter measured
at 4.5 feet above ground level.
[Amended 4-20-2017 by Ord. No. 17-067]
Any building or portion of a building designed or used for
the care, observation, or treatment of animals. Any facility maintained
by or for the use of a licensed veterinarian in the diagnosis, treatment,
or prevention of animal diseases. A veterinary facility is not a boarding
facility.
The failure of a structure, use or other development to fully
comply with the regulations found in this chapter.
Establishments primarily engaged in operating long-term merchandise
and goods storage facilities wherein those goods and merchandise will
primarily be used off site. These establishments generally handle
goods in containers, such as boxes, barrels, and/or drums, using equipment,
such as forklifts, pallets, and racks. They are not specialized in
handling bulk products of any particular type, size, or quantity of
goods or products.
Any land area, structure, location, equipment, or combination of them, including dumps and landfills, used for handling hazardous or solid waste, sludge, or septage; composting facilities; recycling centers for waste from business, commercial and industrial uses. Tire processing uses and junkyards are also considered waste facilities. A land area shall not become a waste facility solely because it is used by its owner for disposing of septage from the owner's residence. See § 300-526.
CLASS 1Includes recycling centers (as defined); and paper, cardboard, glass, and metals recycling for business, commerce, and industry.
CLASS 2Includes composting facilities; junkyards; landfills; waste to energy plants; septage handling facilities; tire processing and storage facilities; and hazardous waste handling facilities.
Any great pond, river or stream.
[Amended 4-20-2017 by Ord. No. 17-067]
Any project extending from one bank to the opposite bank
of a river, stream, tributary stream, or wetland, whether under, through,
or over the water or wetland. Such projects include, but may not be
limited to, roads, fords, bridges, culverts, water lines, sewer lines,
and cables as well as maintenance work on these crossings. This definition
includes crossings for timber harvesting equipment and related activities.
[Added 4-20-2017 by Ord.
No. 17-067]
A channel, drainageway, stream, brook. Any defined area of
land conveying surface water or runoff. A watercourse may be intermittent
or perennial (perennial = greater than six months in any twelve-month
period).[9]
A freshwater or coastal wetland. See “freshwater wetlands”
or “coastal wetland.”
[Added 4-20-2017 by Ord.
No. 17-067]
Establishments primarily engaged in selling and/or distributing
merchandise to retailers; industrial, commercial, institutional, or
professional business users; or to other wholesalers; or acting as
agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies.
Live trees or woody, nonherbaceous shrubs.
[Added 4-20-2017 by Ord.
No. 17-067]
A yard adjoining the front lot line, extending between the
principal structure and the street.
A yard adjoining the rear lot line and extending between
the rear lot line and the principal structure.
A yard adjoining a side lot line extending from the front
lot line to the rear lot line as required by district regulations.
[1]
Editor's Note: The Table of Land Uses is included as an attachment to this chapter.
[2]
Editor's Note: the definition of "forest management activities,"
which immediately followed this definition, was repealed 4-20-2017
by Ord. No. 17-067.
[3]
Editor's Note: Now known as the "Natural Resources Conservation
Service" or "NRCS."
[4]
Editor's Note: The definition of Maine Erosion and Sedimentation
Control Handbook for Construction, which immediately followed this
definition, was repealed 4-20-2017 by Ord. No. 17-067.
[5]
Editor's Note: The former definition of "medical marijuana
grow-only facility," which immediately preceded this definition, was
repealed 6-20-2019 by Ord. No. 19-089.
[6]
Editor's Note: The Table of Land Uses is included as an attachment to this chapter.
[7]
Editor's Note: The former definition of "specialized medical
clinic," as amended, which immediately followed this definition, was
repealed 11-7-2019 by Ord. No. 19-170.
[8]
Editor's Note: In this definition, "this subchapter" is referring
to 30-A M.R.S.A. §§ 4401 to 4408.
[9]
Editor's Note: The definitions of "wetland associated with
great ponds and rivers" and "wetland (freshwater)," which immediately
followed this definition, were repealed 4-20-2017 by Ord. No. 17-067.
