Town of Casco, ME Article 2 Definitions

§ 215-2.1 Word usage and definitions.

A. In this chapter, certain terms or words shall be interpreted as follows: the singular may be taken for the plural, and the plural for the singular; "person" may include an association, a partnership, a corporation or other entity; the present tense includes the future; the word "building" includes the word "structure"; the word "lot" includes the word "plot"; and the word "shall" is mandatory.

B. In case of any difference in meaning or implication between the text of this chapter and any map or illustration, the text shall control. Terms not defined shall have their customary meaning.

C. For the purpose of this chapter and Chapter 210, Subdivision of Land, the terms and words listed below shall be specifically interpreted or defined as follows:

ABUTTER

The owner of a property sharing a common boundary with or within 500 feet of a given piece of property, whether or not these properties are separated by a public or private way. For the purposes of this chapter, the owners of properties shall be considered to be parties listed by the Tax Assessor of Casco as the ones against whom taxes are assessed.

ACCESSORY RESIDENTIAL APARTMENTS

Accessory residential apartments, attached or detached, shall be allowed in a residential zone provided that the existing structure and accessory apartment shall not cover the lot by more than 30%, including the area of the septic system. If the number of bedrooms or potential bedrooms exceeds by more than one the number of bedrooms that the existing septic system was designed for, a replacement or expanded system shall be installed before occupancy. If the total number of bedrooms or potential bedrooms increases by one, a replacement or expanded septic system shall be designed and recorded in the Registry of Deeds. The accessory apartment shall not comprise more than 720 square feet of interior floor area excluding stairways. Not more than one accessory residential apartment shall be permitted per lot.

[Added 9-24-2014 by Art. 5]

ACCESSORY USE OR STRUCTURE

A use or structure which is incidental and subordinate to the principal use or structure. Accessory uses, when aggregated, shall not subordinate the principal use of the lot. A deck or similar extension of the principal structure or a garage attached to the principal structure by a roof or a common wall is considered part of the principal structure. Where an accessory building is attached in a substantial manner by a wall to a principal building or structure, it shall be considered a part of said principal structure or building. Accessory structures shall conform to the dimensional standards of each district.

[Amended 3-9-1991 by Art. 71; 6-10-2009 by Art. 24]

ACTIVITY

The specific use or uses to which premises are put.

ADULT USE MARIJUANA CULTIVATION FACILITY

A “cultivation facility,” as that term is defined in 28-B M.R.S.A. § 102(13), as may be amended or recodified.

[Added 6-15-2022 by Art. 39]

ADULT USE MARIJUANA STORE

A “marijuana store,” as that term is defined in 28-B M.R.S.A. § 102(34), as may be amended or recodified.

[Added 6-15-2022 by Art. 39]

AFFORDABLE HOUSING

Decent, safe living accommodations that are affordable to lower-income households and moderate-income households, in accordance with provisions as determined by Chapter 100 of the Department of Economic and Community Development Rules.

[Amended 3-9-1991 by Art. 72]

AGGRIEVED PARTY

An owner of land whose property is directly or indirectly affected by the granting or denial of a permit or variance under this 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.

[Added 3-9-1991 by Art. 74; amended 6-10-2009 by Art. 24]

AGRICULTURE

The production, keeping or maintenance, for sale or lease, of plants and/or animals, including but not limited to forage 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, excluding private gardens less than 1/2 acre. "Agriculture" does not include forest management and timber harvesting activities.

[Amended 3-9-1991 by Art. 73; 6-10-2009 by Art. 24]

ANIMAL HUSBANDRY

Boarding, raising, breeding or keeping of animals, fish or fowl for commercial purposes, including, without limitation, swine, poultry, cattle and horses.

AQUACULTURE

The growing or propagation of harvestable freshwater, estuarine, or marine plant or animal species.

[Added 3-9-1991 by Art. 75; amended 6-10-2009 by Art. 24]

AQUIFER

A geologic unit composed of sand and gravel, which unit contains sufficient saturated permeable materials to conduct groundwater and also yield economically significant quantities of groundwater to wells and springs. For the purposes of this chapter, the Aquifer Protection District shall include aquifers with flow rates of 10 gallons or more per minute as demarked on the Casco Official Zoning Map, using Maine Geologic Survey Sand and Gravel Aquifer Map No. 12.

ARTERIAL STREET/ROAD

For the purpose of this chapter, Route 302, Route 121, Route 11, Route 85, State Park Road, Quaker Ridge Road, Leach Hill Road, Mayberry Hill Road and Heath Road.

BACK LOT DRIVEWAY

A driveway within a defined location serving access and frontage purposes for no more than two single-family residential back lots or providing direct access to three or fewer lots and which originates from a street constructed in accordance with Town of Casco Design Standards for Streets.[1] In no event shall a multifamily or any other nonresidential primary use be allowed on a back lot.

[Added 9-24-2014 by Art. 3]

BARN

A structure designed for the housing of animals and storage of feed crops.

BASAL AREA

The area of cross section of a tree stem at 4 1/2 feet above ground level and inclusive of bark.

[Added 6-10-2009 by Art. 24]

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year, alternately referred to as the "one-hundred-year floodplain."

BASEMENT

Any portion of a structure with a floor-to-ceiling height of six feet or more and having more than 50% of its volume below the existing ground level.

[Added 6-10-2009 by Art. 24]

BEACH CONSTRUCTION

Dredging or removing materials from below the normal high-water line of a pond; constructing or repairing any permanent structure below the normal high-water line of a pond; depositing any dredged spoil or fill below the normal high-water line of a pond or on the land adjacent thereto in such a manner that the material may fall or be washed into the pond; or bulldozing or scraping on land adjacent to a pond in such a manner that the material or soil may fall or be washed into the pond.

BED-AND-BREAKFAST ESTABLISHMENT

A single-family dwelling in which the resident(s) of the dwelling provide(s) short-term overnight lodging to paying guests in a maximum of seven guest rooms located within the dwelling or permitted attached structures. Breakfast shall be the only meal served and shall be limited to overnight guests. A bed-and-breakfast with three guest rooms or fewer shall be considered a home occupation accessory to the principal use of the dwelling and shall be allowed under the standards applicable to home occupations.[2]

BILLBOARD

A structure, either freestanding or attached to a building, the surface of which is available for hire for advertising purposes.

BOAT LAUNCHING FACILITY

A facility designed primarily for the launching and landing of watercraft and which may include an access ramp, docking area, and parking spaces for vehicles and trailers.

[Added 3-9-1991 by Art. 76; amended 6-10-2009 by Art. 24]

BUFFER

An area or belt of land covered with existing vegetation, or which is landscaped with trees and/or vegetation or natural materials such as bark mulch, that serves to protect, screen or provide separation from effects of development from other properties, public or private streets, or from a natural resource such as wetlands, water bodies or significant wildlife habitats. Specific buffer types are defined below:

[Amended 6-20-1998 by Art. 71; 9-24-2014 by Art. 2]

(1) LANDSCAPED BUFFER A designated green area required within specified setback areas that includes a ground cover of bark mulch, grass or other natural green plant material which is then planted with trees or shrubs for all or part of its area. Landscaped buffers of crushed rock materials such as concrete and asphalt and green paint are not acceptable materials for use in landscaping. Landscaped buffers shall be maintained by the property owner(s) or his (their) representative(s).

(2) NATURAL VEGETATED OR FORESTED BUFFER A designated and protected green area left in its existing undisturbed natural state, required or offered, within specific setback areas. Natural or forested buffers shall be established such that no cutting, no stumping, no soil disturbance, or activity to harm vegetation with the buffer, without approval by the Reviewing Authority, shall be allowed. Limited maintenance by the property owner(s) or his (their) representative(s) is allowed for clearing of diseased, dead or fallen trees, and cutting of dead, damaged hanging limbs or branches only with permission from the Road Commissioner or Code Enforcement Officer.

BUILDABLE LAND

Land that in its natural state is suitable for development. For the purposes of this chapter, land treated as 100% deductions for the net residential area calculation shall be considered unbuildable land. Other lands shall be considered buildable.

BUILDING

Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattel or property. For the purposes of determining exterior measurements or footprints in order to locate the setback line, buildings shall include all attached structures such as open or closed porches, carports, garages, balconies, roof overhangs, stairways and other similar structures.

BUILDING COVERAGE

That percentage of the lot that is covered by buildings.

BUILDING FRONT LINE

A line parallel to the front line transecting that point of the building which is closest to the front lot line.

BUREAU OF FORESTRY

The State of Maine Department of Agriculture, Conservation and Forestry, Bureau of Forestry.

[Added 6-10-2009 by Art. 24; amended 6-14-2017 by Art. 27; 1-18-2022 by Art. 5]

BUSINESS AND PROFESSIONAL OFFICE

A building in which there are located the offices of one or more professional businesses, including but not limited to banks, insurance offices, realtors, law and medical offices, barbershops and beauty salons.

CAMPGROUND

A nonresidential use of a parcel of land for temporary use by tents, recreational vehicles, or other shelters or temporary living quarters, accommodating two or more parties. A use fee may or may not be charged. This use shall be subject to use standards.

[Amended 3-9-1991 by Art. 77; 6-10-2009 by Art. 24; 1-18-2022 by Art. 5]

CANOPY

The more or less continuous cover formed by tree crowns in a wooded area.

[Added 6-10-2009 by Art. 24]

CEMETERY

A burial ground maintained by the Town or other public or nonprofit body or private individual.

CENTRAL SEWAGE SYSTEM

A wastewater disposal system that receives wastewater from two or more structures. The system may have a private sewer collection system flowing into a common septic tank or it may utilize individual septic tanks. The wastewater, after receiving primary treatment in the septic tank or tanks, may be pumped or gravity fed to a single subsurface disposal field or several fields on a common land area.

CHURCH

A building or structure or groups of buildings and structures which, by design and construction, are primarily intended for the conducting of organized religious services and accessory uses associated with the mission of the institution. Accessory uses include but are not limited to meeting halls, classrooms, and kitchens. The church proper and accessory buildings shall comply with maximum building heights. The church proper may include a steeple, or spire, or bell tower. That steeple, spire, or bell tower may exceed the height standards with Planning Board approval.

[Amended 6-20-1998 by Art. 71]

CLEAR-CUT LAND

Land in which more than 80% of the volume in trees over six inches DBH is cut down within any ten-year period, unless the Planning Board, after consultation with the Conservation Commission, has issued a permit approving clear-cutting for the purposes of land conservation, public safety or utility construction.

CODE ENFORCEMENT OFFICER

A person appointed by the Selectboard to administer and enforce this chapter.

COMMERCIAL RECREATION: INDOOR

Any recreational use in which the primary use is within a structure, such as a bowling alley, roller- or ice-skating rink, swimming pools, tennis courts, movie theaters or arcades, operated primarily for profit.

COMMERCIAL RECREATION: OUTDOOR

Any outdoor recreational use such as, but not limited to, golf courses, tennis courts, riding stables, swimming pools or ice-skating rinks, operated primarily for profit, but not including campgrounds, racetracks, amusement parks and mechanical or motorized rides.

COMMERCIAL SALES AND SERVICE: INDOOR

A business in which the principal use is the sale of goods and/or services in large quantities either to the general public or to other businesses. Indoor storage of goods or equipment is permitted as an accessory use. Outdoor storage is prohibited.

[Amended 6-20-1998 by Art. 71]

COMMERCIAL SALES AND SERVICE: OUTDOOR

Commercial sales and service which permits both indoor and outdoor storage as principal uses.

COMMERCIAL USE

The use of lands, buildings, or structures, other than a home occupation, defined below, the intent and result of which activity is the production of income from the buying and selling of goods and/or services, exclusive of rental of residential buildings and/or dwelling units.

[Added 3-9-1991 by Art. 78]

COMMON BORROW

Sand, silt, clay and/or gravel that is borrowed to be used for fill.

[Added 6-20-1998 by Art. 71]

COMMUNITY LIVING USE

A state-authorized, certified or licensed group home for eight or more developmentally disabled persons. Procedures and standards for permitting these uses are described in 30 M.R.S.A. § 4962-A.[3]

CONFORMING USE

A use of buildings, structures, or land which complies with all applicable provisions of this chapter.

CONSTRUCTION SERVICES

The performance of work or the furnishing of supplies to members of the building trades, such as but not limited to plumbing, painting, building, well drilling, carpentry, masonry, or electrical installation, which requires the storage of materials and/or the location of commercial vehicles at the site.

CONVENIENCE STORE

A retail establishment that accommodates neighborhood needs for groceries and sundries and that may sell, as accessory uses, prepared food for carry-out.

CRITICAL EDGE

All areas within 130 feet of the normal high-water line of lakes, ponds, streams, brooks, and other wetlands or water bodies.

CROSS-SECTIONAL AREA

The cross-sectional area of a stream or tributary stream channel is determined by multiplying the stream or tributary stream channel width by the average stream or tributary stream channel depth. The stream or tributary stream channel width is the straight line distance from the normal high-water line on one side of the channel to the normal high-water line on the opposite side of the channel. The average stream or tributary stream channel depth is the average of the vertical distances from a straight line between the normal high-water lines of the stream or tributary stream channel to the bottom of the channel.

[Added 6-10-2009 by Art. 24]

DAY-CARE CENTER

An establishment, including a private residence, where four or more unrelated persons are cared for in return for compensation. May include, but not limited to, any of the following: nursery, preschool, day-care home licensed or day-care center.

[Amended 6-20-1998 by Art. 71]

DBH

A tree's diameter four feet, six inches from the ground.

[Amended 6-10-2009 by Art. 24]

DECK

An uncovered structure with a floor, elevated above ground level, or a patio at ground level if a concrete slab or below-grade foundation is utilized. A deck is a structure for the purpose of this chapter.

DEVELOPMENT

Any human-produced change to real estate, including but not limited to building, mining, dredging, filling, grading, paving, excavating, or drilling.

[Amended 6-10-2009 by Art. 24]

DIMENSIONAL REQUIREMENTS

Numerical standards relating to spatial relationships, including but not limited to setback, lot area, shore frontage and height.

[Added 3-9-1991 by Art. 79; amended 6-10-2009 by Art. 24]

DISABILITY

Any disability, infirmity, malformation, disfigurement, congenital defect or mental condition caused by bodily injury, accident, disease, birth defect, environmental conditions or illness, and also includes the physical or mental condition of a person which constitutes a substantial handicap as determined by a physician or, in the case of mental handicap, by a psychiatrist or psychologist, as well as any other health or sensory impairment which requires special education, vocational rehabilitation or related services.

[Added 6-10-2009 by Art. 24]

DISRUPTION OF SHORELINE INTEGRITY

The alteration of the physical shape, properties, or condition of a shoreline at any location by timber harvesting and related activities. A shoreline where shoreline integrity has been disrupted is recognized by compacted, scarified and/or rutted soil, an abnormal channel or shoreline cross section, and in the case of flowing waters, a profile and character altered from natural conditions.

[Added 6-10-2009 by Art. 24]

DISTRIBUTION FACILITY

A facility specializing in the shipping and receiving of goods and articles, which may include associated assembling, finishing and packaging.

DISTRICT

A section or sections of the Town of Casco for which regulations governing the use of buildings and premises, the size of lots and setbacks and intensity of use are uniform.

DRIVE-THROUGH

An accessory use which by design, physical facilities, services or by packaging materials encourages customers to receive services or obtain goods while remaining in their vehicles.

DRIVEWAY

Access route or right-of-way to any single-family dwelling or to a duplex or multiplex building except where such buildings are developed as part of a larger subdivision. Driveway access for residential uses must meet access to property standards. Within the shoreland zone, a driveway is a vehicular access-way less than 500 feet in length serving two single-family dwellings or one two-family dwelling, or less.

[Added 3-9-1991 by Art. 80; amended 6-10-2009 by Art. 24; 6-10-2015 by Art. 27; 1-18-2022 by Art. 5]

DWELLING

A building designed to be used as living quarters.

DWELLING, ATTACHED

A dwelling with two or more party walls, or one party wall in the case of a dwelling at the end of a group of attached buildings.

DWELLING, DETACHED

A dwelling which is designed to be and is substantially separate from another building or buildings except for accessory buildings.

DWELLING, DUPLEX

An attached residential dwelling, including manufactured housing, containing exactly two units, with each unit having independent outside access.

[Added 6-12-2013 by Art. 26]

DWELLING, MULTIPLEX

An attached dwelling, including manufactured housing, containing three or more residential dwelling units, with all units having independent outside access. No more than six units may be attached in a group.

[Amended 6-12-2013 by Art. 26]

DWELLING, SINGLE-FAMILY

A residential dwelling, including a manufactured housing unit, designed and/or used exclusively for residential purposes for one family and containing not more than one dwelling unit.

[Amended 6-12-2013 by Art. 26]

DWELLING UNIT

A room or group of rooms designed and equipped exclusively for use as living quarters for only one family, containing sleeping, cooking and toilet facilities. This term shall not include hotels, motels, bed-and-breakfast establishments, recreational vehicles or other temporary trailers. Within the shoreland zone, this term shall also apply to such living quarters whether they are permanent, seasonal, or temporary, and shall apply to mobile homes and rental units that contain cooking, sleeping, and toilet facilities regardless of the time period rented.

[Amended 1-18-2022 by Art. 5]

EMERGENCY OPERATIONS

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.

[Added 3-9-1991 by Art. 81; amended 6-10-2009 by Art. 24]

ENGINEERED SUBSURFACE WASTE DISPOSAL SYSTEM

A system or combination of individually or jointly owned systems which serve a single building or group of associated buildings with a total design flow in excess of 2,000 gallons per day. Examples include condominium projects and clustered systems serving residential dwellings. Residential dwellings with individual systems shall not be included in this definition.

EROSION AND SEDIMENTATION CONTROL

The placement of vegetation, such as grasses and native weed species, and other materials, such as straw, fiber, stabilizing emulsion, protective blankets, etc., on areas disturbed by grading operations and/or applications of physical practices, such as installation of silt fence, stone check dams, sediment traps, etc. Erosion and sedimentation control measures reduce the loss of soil due to the action of water or wind and minimize water pollution, that helps reduce the likelihood of eroded soil particles suspended in stormwater from being deposited in a stream, lake or other body of water.

[Added 6-10-2015 by Art. 27]

ESSENTIAL SERVICES

Gas, electrical or communication facilities; steam, fuel, electric power or water transmission or distribution lines, towers and related equipment; telephone cables or lines, poles and related equipment; gas, oil, water, slurry or other similar pipelines; municipal sewage lines, collection or supply systems; and associated storage tanks. Such systems may include towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar accessories, but shall not include service drops or buildings which are necessary for the furnishing of such services.

[Added 3-9-1991 by Art. 82; amended 6-10-2009 by Art. 24; 1-18-2022 by Art. 5]

EXCAVATION

Any removal of earth from its original position.

EXCAVATION CONTRACTOR

An individual or firm engaged in a business that causes the disturbance of soil, including grading, filling and removal, or in a business in which the disturbance of soil results from an activity that the individual or firm is retained to perform.

[Added 1-18-2022 by Art. 5]

EXPANSION OF A STRUCTURE

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.

[Added 3-9-1991 by Art. 83; amended 6-10-2009 by Art. 24; 1-18-2022 by Art. 5]

EXPANSION OF USE

The addition of weeks or 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.

[Added 3-9-1991 by Art. 84; amended 6-10-2009 by Art. 24; 1-18-2022 by Art. 5]

FAMILY

One or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth, adoption or marriage, but no unrelated group shall consist of any more than eight persons.

[Amended 6-10-2009 by Art. 24]

FILLING

Depositing or dumping any earth materials on or into the ground or water. Earth materials include, but are not limited to, gravel, clay, soil, topsoil, loam, sand, rock, stone, ore, minerals, mineral substances and organic materials in a solid state other than vegetation. Aqueous mixtures of sludge deposits, manure, or other product processed mixtures in a saturated, liquid-based state, or yet dewatered, shall not be deemed as qualified fill for any filling operation unless associated with approved agricultural activities.

[Amended 6-12-2019 by Art. 25]

FIRE WALL

A wall of noncombustible construction, capable of resisting the spread of fire.

FLOATING STRUCTURE

A residential or commercial structure located on or in the waters of the Town of Casco, floating or nonfloating, which includes, but is not limited to, a structure designed, intended, or constructed as a place of habitation or recreational or commercial activity and is not principally used for transportation regardless of the capability of the structure to propel itself across the water. A floating structure is not considered to be a vessel as defined by the United States Coast Guard, and is not considered to be a watercraft as defined by the Maine Department of Inland Fisheries and Wildlife, regardless of whether the structure is registered as a vessel or watercraft. This term does not include traditional swim float platforms that are primarily intended for swimming, and does not include traditional or customary watercraft that are intended solely for transportation, recreational boating, fishing, water skiing, tubing, or other similar activities.

[Added 1-18-2022 by Art. 5]

FLOODPLAIN

The lands adjacent to a body of water which have been or may be covered by the base flood.

FLOODWAY

The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the one-hundred-year flood without cumulatively increasing the water surface elevation by more than one foot in height.

[Added 6-10-2009 by Art. 24]

FLOOR AREA

The sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls.

[Amended 3-9-1991 by Art. 85; 6-10-2009 by Art. 24; 1-18-2022 by Art. 5]

FOOTPRINT

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 1-18-2022 by Art. 5]

FORESTED WETLAND

A freshwater wetland dominated by woody vegetation that is six meters tall (approximately 20 feet) or taller.

[Added 6-10-2009 by Art. 24]

FOREST MANAGEMENT ACTIVITIES

Timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, management planning activities, timber stand improvement, pruning, regeneration of forest stands, and other similar or associated activities, exclusive of timber harvesting and the construction, creation or maintenance of roads.

[Added 3-9-1991 by Art. 86; amended 6-10-2009 by Art. 24]

FOREST STAND

A contiguous group of trees sufficiently uniform in age class distribution, composition, and structure, and growing on a site of sufficiently uniform quality, to be a distinguishable unit.

[Added 6-10-2009 by Art. 24]

FOUNDATION

The supporting substructure of a building or other structure, excluding wooden sills and post supports, but including basements, slabs, frost walls, or other base consisting of concrete, block, brick or similar material.

[Added 3-9-1991 by Art. 87; amended 6-10-2009 by Art. 24]

FRESHWATER WETLAND

[Added 3-9-1991 by Art. 88; amended 6-10-2009 by Art. 24; 1-18-2022 by Art. 5]

(1) Freshwater swamps, marshes, bogs and similar areas, other than forested wetlands, which are:

(a) Of 10 or more continuous 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

(b) Inundated or saturated by surface water or groundwater at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils.

(2) Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.

FRONTAGE, ROAD

The lot line abutting a road and ordinarily regarded as the front of the lot. On any lot bounded on more than one property line by a road, the road frontage shall be that property line of the lot designated as road frontage in any building permit application for such lot. Road frontage may be lowered by the Planning Board to 50% of the minimum frontage required if the lot fronts on a cul-de-sac, provided that in no case road frontage for a lot is less than 75 feet.

FRONTAGE, SHORE

The horizontal distance, measured as a straight line, between the intersection of the side lot lines with the shoreline at the normal high-water line elevation.

FUNCTIONALLY WATER-DEPENDENT USES

Those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, inland waters and that cannot be located away from these waters. The uses include, but are not limited to, commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish-related storage and retail and wholesale fish 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 that cannot reasonably be located or operated at an inland site, and uses that primarily provide general public access to inland waters. Recreational boat storage buildings are not considered to be a functionally water-dependent use.

[Added 3-9-1991 by Art. 89; amended 6-10-2009 by Art. 24; 1-18-2022 by Art. 5]

GARDEN

A tract of land 1/2 acre or less used for the growing of plants.

GREAT POND

Any inland body of water which in a natural state has a surface area in excess of 10 acres and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres, except, for the purposes of this chapter, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner.

[Added 3-9-1991 by Art. 90; amended 6-10-2009 by Art. 24]

GREAT POND CLASSIFIED GPA

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.

[Added 3-9-1991 by Art. 91; amended 6-10-2009 by Art. 24]

GROUND COVER

Small plants, fallen leaves, needles and twigs, and the partially decayed organic matter of the forest floor.

[Added 6-10-2009 by Art. 24]

GROUND SIGN

An outdoor sign that is directly and permanently supported and physically separated from other structures.

GROUNDWATER

All the water found beneath the surface of the ground. For the purposes of aquifer protection, this term refers to the slowly moving subsurface water present in aquifers and recharge areas.

HARVEST AREA

The area where timber harvesting and related activities, including the cutting of trees, skidding, yarding, and associated road construction, take place. The area affected by a harvest encompasses the area within the outer boundaries of these activities, excepting unharvested areas greater than 10 acres within the area affected by a harvest.

[Added 6-10-2009 by Art. 24]

HAZARD TREE

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 1-18-2022 by Art. 5]

HAZARDOUS MATERIAL

Material which may pose a present or potential hazard to human health or the environment when improperly stored, transported or disposed of, or otherwise managed, including without exception hazardous wastes identified and listed in accordance with Section 3001 of the Resource Recovery Act of 1976 and subsequent regulations promulgated by the Federal Register.

HEIGHT OF A STRUCTURE

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 3-9-1991 by Art. 92; 6-10-2009 by Art. 24; 1-18-2022 by Art. 5]

HOME OCCUPATION

An occupational or professional use:

[Amended 3-9-1991 by Art. 93; 1-9-1993 by Art. 7; 6-10-2009 by Art. 24]

(1) That is conducted within a dwelling, or accessory structure to a dwelling, or upon the property on which the dwelling or accessory structure is located;

(2) That is customarily incidental, secondary, and accessory to the residential use of the dwelling, accessory structure or property; and

(3) Which employs no more than two persons other than family members residing in the home and does not change the character thereof.

HOSPITAL

An institution providing but not limited to overnight health services, primarily for inpatients, and medical or surgical care for the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central services, and staff offices.

HOTEL

A facility which is not a bed-and-breakfast establishment as defined herein, in which lodging is offered to transient guests for compensation with no cooking facilities in individual rooms or suites. Where a permitted use, hotels shall meet the minimum lot size for the district, plus 10,000 square feet for each lodging unit. Hotels may provide additional services such as restaurants, public assembly and/or recreational facilities.

IMPERVIOUS AREA

The ratio of the horizontal area of all impervious surfaces on a lot to the total lot area.

[Added 6-10-2015 by Art. 27]

IMPERVIOUS SURFACE

A surface that has been compacted or covered with a layer of nonvegetative material so that it is highly resistant to infiltration by water. Examples include, but are not limited to, buildings, structures, bituminous pavement, concrete, compacted aggregates or gravel. Man-made surfaces with a percolation rate faster than 120 minutes per inch shall not be considered impervious.

[Amended 6-10-2015 by Art. 27]

INCREASE IN NONCONFORMITY OF A STRUCTURE

Any change in a structure or property which causes further deviation from the dimensional standard(s) creating the nonconformity, such as, but not limited to, reduction in water body, tributary stream or wetland setback distance, increase in lot coverage, or increase in height of a structure. Property changes or structure expansions which either meet the dimensional standard or which cause no further increase in the linear extent of nonconformance of the existing structure shall not be considered to increase nonconformity. For example, there is no increase in nonconformity with the setback requirement for water bodies, wetlands, or tributary streams if the expansion extends no further into the required setback area than does any portion of the existing nonconforming structure. Hence, a structure may be expanded laterally provided that the expansion extends no closer to the water body, tributary stream, or wetland than the closest portion of the existing structure from that water body, tributary stream, or wetland. Included in this allowance are expansions which infill irregularly shaped structures.

[Added 6-10-2009 by Art. 24]

INDIVIDUAL PRIVATE CAMPSITE

An area of land which is not associated with a campground but which is developed for repeated camping by only one group not to exceed 10 individuals and which involves site improvements which may include but not be limited to gravel pads, parking areas, fireplaces, or tent platforms.

[Added 3-9-1991 by Art. 94; amended 6-10-2009 by Art. 24]

INDUSTRIAL

See "light industrial use."[4]

[Added 3-9-1991 by Art. 95; amended 6-10-2009 by Art. 24]

INSTITUTIONAL

A nonprofit or quasi-public use or institution such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land used for public purposes.

[Added 6-10-2009 by Art. 24]

JUNKYARD

(1) A yard, field or other area used as a place of storage for three or more unserviceable, discarded, worn out or junked motor vehicles.

(2) Any area, lot, land, parcel, building or structure or part thereof used for the temporary storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal, or other scrap or discarded goods, materials, machinery and their related recycling operations. Bottle redemption facilities are not included in this definition. Junkyards must conform to minimum state standards and to the performance standards herein.

KENNEL

Any place, building, tract of land, abode, enclosure, or vehicle where five or more dogs or six or more cats, owned singly or jointly, are kept, sold, housed, bred, boarded, or trained for a fee, including but not limited to breeding, hunting, show, field trials or exhibition. A kennel license is necessary for the purposes set forth in 7 M.R.S.A. § 3907, Subsection 17 and the owner of such facility shall obtain a license from the Casco Town Clerk subject to rules adopted by the Town.

[Amended 6-12-2019 by Art. 23]

LAND MANAGEMENT ROAD

A route or track consisting of a bed of exposed mineral soil, gravel, or other surfacing materials constructed for, or created by, the passage of motorized vehicles and used primarily for timber harvesting and related activities, including associated log yards, but not including skid trails or skid roads.

[Added 6-10-2009 by Art. 24]

LEACHABLE MATERIALS

Materials including but not limited to solid wastes, sludges, industrial wastes, and agricultural wastes capable of releasing contaminants to the surrounding environment.

LICENSED DAYCARE

A “child care facility,” as that term is defined in 22 M.R.S.A. § 8301-A(1-A)(B), as may be amended or recodified.

[Added 6-15-2022 by Art. 39 ]

LICENSED FORESTER

A forester licensed under 32 M.R.S.A. Chapter 76.

[Added 6-10-2009 by Art. 24]

LIGHT INDUSTRIAL USE

The assembling, fabrication, finishing, manufacturing, packaging or processing of goods that meets the standards contained herein.

[Amended 3-9-1991 by Art. 149; 6-20-1998 by Art. 71; 6-10-2009 by Art. 24]

LODGING UNIT

A room or suite designed to accommodate transient guests/uses.

LOT

A parcel of land having distinct and defined boundaries and described in a deed, plan or similar legal document. Lands on opposite sides of a public way shall be considered separate lots.

LOT AREA

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.

[Amended 3-9-1991 by Art. 96; 6-10-2009 by Art. 24]

LOT DEPTH

The horizontal difference from the street line of the lot to its opposite rear line.

LOT LINE, FRONT

The line separating the lot from a road. On any lot bounded on more than one property line by a road, the front lot line shall be that property line of the lot designated as road frontage in any building permit application for such lot.

LOT LINE, REAR

The lot line opposite the front lot line. On a lot pointed at the rear, the rear lot line shall be a line between the side lot lines parallel to the front lot line, not less than 10 feet long, lying farthest from the front lot line.

LOT LINE, SIDE

Any lot line other than the front lot line or rear lot line.

LOT LINES

The lines bounding a lot.

LOT OF RECORD

A parcel of land, a legal description of which or the dimensions of which are recorded on a document or map on file with the County Registry of Deeds.

LOT WIDTH

The horizontal distance between the side lines of a lot measured at right angles to its depth parallel to the front lot line at the minimum required front setback. (See also "minimum lot width" within the shoreland zone.)

[Amended 1-18-2022 by Art. 5]

MANUFACTURED HOUSING PARK

A contiguous parcel of land plotted for the development of manufactured housing that meets the standards of the Manufactured Housing Park District and conforms to the manufactured housing park performance standards.

MANUFACTURED HOUSING UNIT

A mobile home constructed after June 15, 1976, which the manufacturer certifies is constructed in compliance with the United States Department of Housing and Urban Development standards or a modular home constructed after January 1, 1984, which the manufacturer certifies is constructed in compliance with the State of Maine's Manufactured Housing Act.[5] Manufactured housing units must be designed for long-term, year-round occupancy and contain sleeping accommodations, a toilet, a tub or shower bath, and kitchen facilities, including major appliances, with plumbing and electrical connections provided for attachment to outside systems. Manufactured housing units as defined must also meet the manufactured housing performance standards herein. A mobile home that does not meet this definition but which was lawfully in use as a dwelling unit in the Town of Casco on the date of the adoption of this chapter shall be permitted to continue on its respective site or lot.

MANUFACTURING/PROCESSING

The making of goods and articles by hand or machinery. "Manufacturing" shall include assembling, fabricating, finishing, packaging or processing operations.

MARIJUANA

"Marijuana," as that term is defined in 28-B M.R.S.A. § 102(27), as may be amended or recodified.

[Added 6-15-2022 by Art. 39]

MARIJUANA CULTIVATION AREA

"Cultivation area," as that term is defined in 22 M.R.S.A. § 2422(3), as may be amended or recodified.

[Added 6-15-2022 by Art. 39]

MARIJUANA ESTABLISHMENT

An "adult use marijuana cultivation facility," a "medical marijuana registered dispensary," or an "adult use marijuana store," as those terms are defined in this section. The term "marijuana establishment" does not include a medical marijuana caregiver.

[Added 6-15-2022 by Art. 39]

MARIJUANA PARAPHERNALIA

Equipment, products and materials of any kind that are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, packaging, repackaging, storing, containing, or concealing marijuana.

[Added 6-15-2022 by Art. 39]

MARIJUANA PRODUCT

A "marijuana product," as defined in 22 M.R.S.A. § 2422(4-L), as may be amended or recodified; provided, however, that when used in the context of this chapter, a "marijuana product" may refer to both a product containing marijuana intended for adult use and a product containing marijuana intended for medical use, all as defined in and regulated by state law.

[Added 6-15-2022 by Art. 39]

MARINA

An 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, boat, fishing, bait and tackle shops and marine fuel service facilities.

[Amended 3-9-1991 by Art. 97; 6-10-2009 by Art. 24; 6-14-2017 by Art. 27]

MARKET VALUE

The estimated price a property will bring in the open market and under prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.

[Added 3-9-1991 by Art. 98; amended 6-10-2009 by Art. 24]

MEDICAL MARIJUANA CAREGIVER

A "caregiver," as that term is defined in 22 M.R.S.A. § 2422(8-A), as may be amended or recodified.

[Added 6-15-2022 by Art. 39]

MEDICAL MARIJUANA REGISTERED DISPENSARY

A "registered dispensary," as that term is defined in 22 M.R.S.A. § 2422(6), as may be amended or recodified.

[Added 6-15-2022 by Art. 39]

MINERAL EXPLORATION

Hand sampling, test boring, or other methods of determining the nature or extent of mineral resources. These methods shall create minimal disturbance to the land and shall include reasonable measures to restore the land to its original condition.

[Added 3-9-1991 by Art. 100; amended 6-21-1997 by Art. 68; 6-20-1998 by Art. 71; 6-10-2009 by Art. 24]

MINERAL EXTRACTION

Excavation for the purpose of removal of earth products, including but not limited to sand, gravel, clay, topsoil/loam, common borrow, and rock minerals. Mineral extraction does not apply to soil excavation associated with another permitted or allowed land use activity.

[Amended 6-21-1997 by Art. 68; 6-20-1998 by Art. 71; 6-10-2009 by Art. 24; 1-18-2022 by Art. 5]

MINERAL PROCESSING

An operation, or set of operations, that changes the characteristics, composition, state, shape or form of earth products, including sand, gravel, clay, topsoil, common borrow, and rock minerals.

[Added 6-21-1997 by Art. 68]

MINIMUM LOT WIDTH

The closest distance between the side lot lines of a lot, as established in the respective districts. When only two lot lines extend into the shoreland zone, both lot lines shall be considered to be side lot lines.

[Added 3-9-1991 by Art. 99; amended 6-10-2009 by Art. 24]

MOBILE HOME

A residential unit that is constructed in a manufacturing facility and then transported to a site on a permanent chassis. Only mobile homes constructed after June 15, 1976, which the manufacturer certifies are constructed in compliance with the United States Department of Housing and Urban Development standards shall be considered manufactured housing for the purposes of this chapter.

MODULAR HOME or MODULAR HOUSING UNIT

A residential dwelling unit designed for transportation, after fabrication, to the site where it is to be occupied as two or more component parts which must be assembled into a livable dwelling unit on site. No component part of the modular housing unit shall be considered a complete dwelling unit. A modular home constructed after January 1, 1984, which the manufacturer certifies is constructed in compliance with the State of Maine's Manufactured Housing Act[6] shall be considered manufactured housing for the purposes of this chapter.

[Amended 3-9-1991 by Art. 101]

MOTEL

A building or group of buildings containing rooms which are rented as sleeping units for transient guests and automobile travelers, each sleeping unit consisting of at least a bedroom and a bathroom, with no cooking facilities in individual rooms or suites. Where a permitted use, motels shall meet the minimum lot size for the district, plus 10,000 square feet for each lodging unit.

[Amended 3-9-1991 by Art. 102]

MOTOR VEHICLE REPAIR GARAGE

A business establishment where motor vehicles and/or their related parts are repaired, reconditioned, painted or rebuilt. The following services may be carried out: general repair, engine rebuilding, parts replacement, rebuilding or reconditioning of motor vehicles, collision services such as body, frame or fender straightening and repair, overall painting and undercoating, and mechanized washing of automobiles.

[Amended 6-20-1998 by Art. 71]

MOTOR VEHICLE SALES

The use of any building, land area, or other premises for the display and sale of new or used automobiles, trucks, vans, trailers or recreational vehicles.

[Added 6-20-1998 by Art. 71]

MOTOR VEHICLE SERVICE STATION

A place where gasoline, or any other vehicular engine fuel, or lubricant, is retailed directly to the public on the premises, including the sale of minor accessories and such work as tune-ups and minor mechanical repairs, but not including the storage of unlicensed motor vehicles or the repair of body, frame or fenders.

[Amended 6-20-1998 by Art. 71]

MULTIPLE COMMERCIAL STRUCTURES

The siting of two or more principal commercial structures on a single lot or land parcel in the Commercial District, provided that lot or parcel has a minimum of 80,000 square feet.

[Added 6-20-1998 by Art. 71]

MULTIPLE USE

The use, in a Commercial District, of a single land parcel or single structure for two or more purposes, provided that the lot, or parcel, has a minimum of 80,000 square feet.

[Added 6-20-1998 by Art. 71]

MULTIUNIT RESIDENTIAL

A residential structure containing three or more residential dwelling units.

[Added 3-9-1991 by Art. 103; amended 6-10-2009 by Art. 24]

MUNICIPAL FACILITY

A facility that is open to the public, owned by the municipality and operated under its direct supervision, including but not limited to schools, libraries, offices, and garages.

NATIVE

Indigenous to the local forests.

[Added 6-10-2009 by Art. 24]

NET RESIDENTIAL AREA

The net area of a parcel or site that is generally suitable, in its natural state, for residential development. The net residential area shall be determined by subtracting unsuitable or marginal areas from the gross area of the parcel. Reference § 215-5.19, Net residential area, for applicability.

[Amended 3-9-1991 by Art. 150; 6-12-2013 by Art. 26; 1-18-2022 by Art. 5]

NET RESIDENTIAL DENSITY

The number of dwelling units allowed per net residential area.

NONCONFORMING CONDITION

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 6-10-2009 by Art. 24]

NONCONFORMING LOT OF RECORD

A single lot of record which, at the effective date of adoption or amendment of this chapter, does not meet the area, frontage, or width requirements of the district(s) in which it is located.

[Amended 3-9-1991 by Art. 104; 6-10-2009 by Art. 24]

NONCONFORMING STRUCTURE

A structure which does not meet any one or more of the following dimensional standards: setback, height, lot coverage, or footprint, but which is allowed solely because it was in lawful existence at the time this chapter or subsequent amendments took effect.

[Amended 3-9-1991 by Art. 105; 6-10-2009 by Art. 24; 1-18-2022 by Art. 5]

NONCONFORMING USE

Use of buildings, structures, premises, land or parts thereof which is not permitted 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 3-9-1991 by Art. 106; 6-10-2009 by Art. 24]

NONNATIVE INVASIVE SPECIES OF VEGETATION

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 1-18-2022 by Art. 5]

NORMAL HIGH-WATER LINE

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 3-9-1991 by Art. 107; 6-10-2009 by Art. 24[7]]

NURSING HOME

An institution that provides nursing or convalescent care for consideration to chronic or convalescent patients, but does not provide hospital services such as an operating room or x-ray facilities, unless incidental to the delivery of nursing or convalescent care. Where a permitted use, nursing homes shall have a density no greater than the minimum lot size for the district plus 5,000 square feet of net residential area per bed.

OPEN SPACE USE

Any area of land or water set aside, dedicated, designated or reserved in a development for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space shall be used for recreation, protection of natural resource areas, passive amenity or agriculture; be accessible to all residents of the development, except where used for agricultural purposes; and be accessible to the public, if accepted by a public agency. Open space shall not be occupied by nonrecreational buildings or parking and shall not include required lot areas of dwelling units unless permitted under planned residential development requirements.

OUTDOOR STORAGE

A land area where goods and materials are stored in specific outdoor locations.

OUTLET STREAM

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 1-18-2022 by Art. 5]

OWNER

Any person, firm, corporation or other legal entity who or which controls a parcel of land by a fee or less than fee title or holds a valid contract or option to purchase said title.

PARTY WALL

A wall, in conformance with fire codes, separating multiplex units.

PERMITTED USE

A use specifically allowed in a zoning district.

PERSON

An individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two or more individuals having a joint or common interest, or other legal entity.

[Added 3-9-1991 by Art. 108; amended 6-10-2009 by Art. 24]

PIERS, DOCKS, WHARFS, BRIDGES AND OTHER STRUCTURES AND USES EXTENDING OVER OR BEYOND THE NORMAL HIGH-WATER LINE OR WITHIN A WETLAND

[Amended 3-9-1991 by Art. 109; 6-10-2009 by Art. 24; 1-18-2022 by Art. 5]

(1) Temporary: Structures which remain in or over the water for less than seven months in any period of 12 consecutive months.

(2) Permanent: Structures which remain in or over the water for seven months or more in any period of 12 consecutive months.

PLANNED RESIDENTIAL DEVELOPMENT (PRD)

A land development project comprehensively planned as a self-contained, integrated, unified development via site plan review, which exhibits flexibility in building siting, clustering, usable open space and the preservation of significant natural features, and which meets the planned residential development performance standards herein.

PLANT CANOPY

"Plant canopy," as that term is defined in 28-B M.R.S.A. § 102(41), as may be amended or recodified.

[Added 6-15-2022 by Art. 39]

POND

Any inland body of water which has a surface area in excess of 10 acres, except where such body of water is man-made and in addition is completely surrounded by land held by a single owner, and except those privately owned ponds which are held primarily as waterfowl and fish breeding areas or for hunting and fishing.

PREMISES

One or more parcels of land which are in the same ownership and are contiguous.

PRINCIPAL STRUCTURE

The structure in which the primary use is conducted.

[Amended 6-10-2009 by Art. 24]

PRINCIPAL USE

The primary use to which the premises is devoted.

[Amended 6-10-2009 by Art. 24]

PRIVATE ASSEMBLY

A building which is owned and used as a meeting place for private or semi-private social organizations and clubs such as grange halls, fraternal organizations and religious institutions, in which the principal use is exclusively for members. Rental of the facilities to outside groups is clearly incidental to the principal use and shall not significantly increase the intensity of the use of the site, especially in regard to parking and traffic.

PRIVATE WAY

Any way designed for private use and maintained by a property owner or group of property owners, and which is not an accepted Town road.

PROHIBITED USE

All uses not specifically allowed as permitted uses.

PUBLIC ASSEMBLY

A building which is available to the public on a nonprofit or for-profit basis. Examples include auditoriums, meeting rooms and halls available for functions.

PUBLIC FACILITY

Any facility, including but not limited to buildings, property, recreation areas, and roads, which is owned, leased, or otherwise operated or funded by a governmental body or public entity.

[Added 3-9-1991 by Art. 110; amended 6-10-2009 by Art. 24]

PUBLIC UTILITIES FACILITIES

A facility, whether publicly or privately owned, which provides direct or indirect utility service to the public, such as but not limited to sewage and water pumping stations and treatment facilities, telephone electronic equipment structures, and major electrical power lines, pipelines or substations whose major purpose is transport through a community. Local utility transmission lines are excluded in this definition.

PUBLIC WAY

Any way designed for vehicular use and maintained with public funds.

RECENT FLOODPLAIN SOILS

The following soil series as described and identified by the National Cooperative Soil Survey:

[Added 3-9-1991 by Art. 111; amended 6-10-2009 by Art. 24]

	Alluvial	Charles	Cornish
	Fryeburg	Hadley	Limerick
	Lovewell	Medomak	Ondawa
	Podunk	Rumney	Saco
	Suncook	Sunday	Winooski

RECHARGE AREA

Areas composed of porous sand and gravel, or other areas that collect precipitation or surface water and carry it to aquifers.

RECREATIONAL FACILITY

A place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities, excluding boat launching facilities.

[Added 3-9-1991 by Art. 112; amended 6-10-2009 by Art. 24]

RECREATIONAL VEHICLE

A vehicle or vehicle attachment designed for temporary sleeping or living quarters for one or more persons, which may include a pickup camper, travel trailer, tent trailer, camp trailer, park trailer, or motor home. In order to be considered a vehicle and not a structure, the unit must be able to be transported over the public roads, must remain with its tires on the ground, must be road worthy, and possess a valid current registration sticker from any state division of motor vehicles. Recreational vehicles must comply with the standards established by a nationally recognized society, association, or similar group that establishes standards for recreational vehicles and may not be more than 40 feet in length. No recreational vehicle shall be used for permanent residential purposes. Any temporary use thereof shall not be for longer than six months in any calendar year. Any recreational vehicle that stays on site over 180 days in a campground shall be considered personal property.

[Amended 3-9-1991 by Art. 113; 6-10-2009 by Art. 24]

REPLACEMENT SYSTEM

A system intended to replace:

[Added 3-9-1991 by Art. 114; amended 6-10-2009 by Art. 24]

(1) An existing system which is either malfunctioning or being upgraded with no significant change of design flow or use of the structure; or

(2) Any existing overboard wastewater discharge.

RESIDENTIAL CARE FACILITY

Residential housing consisting of private apartment or private room and central dining facilities and within which a supportive services program is provided to residents who are unable to live independently without assistance, yet do not require the constant supervision or intensive health care available at nursing homes or hospitals. Where a permitted use, residential care facilities shall have a density no greater than the minimum lot size for the district plus 20,000 square feet of net residential area per private apartment or private room.

RESIDENTIAL DWELLING UNIT

A room or group of rooms designed and equipped exclusively for use as permanent, seasonal, or temporary living quarters for only one family. The term shall include mobile homes but not recreational vehicles. For shoreland zoning, a residential dwelling unit shall mean a room or group of rooms designed and equipped exclusively for use as permanent, seasonal, or temporary living quarters for only one family at a time, and containing cooking, sleeping and toilet facilities. The term shall include mobile homes and rental units that contain cooking, sleeping, and toilet facilities regardless of the time period rented. Recreational vehicles are not residential dwelling units.

[Added 3-9-1991 by Art. 115; amended 6-10-2009 by Art. 24; 1-18-2022 by Art. 5]

RESIDUAL BASAL AREA

The average of the basal area of trees remaining on a harvested site.

[Added 6-10-2009 by Art. 24]

RESIDUAL STAND

A stand of trees remaining in the forest following timber harvesting and related activities.

[Added 6-10-2009 by Art. 24]

RESORT HOTEL

A hotel which offers a broad range of recreational amenities and has at least 100 rooms or suites for transient guest use only, each of which may include a kitchenette. For purposes of enforcement of transient use of such rooms or suites, the Town may enact regulations restricting occupancy of any such room or suite by an owner or occupant thereof to an accumulative total of 90 days per calendar year and imposing fines or penalties for violations of such restrictions.

[Added 3-12-1988 by Art. 65]

RESTAURANT

A commercial establishment where food and drink are prepared, served and consumed primarily within the principal building. Outdoor seating is permitted. Drive-through facilities are not included in this definition.

RETAIL TRADE

Any business engaged primarily in the sale, rental or lease of goods and/or services individually or in small quantities to the ultimate consumer for direct consumption and/or use and not for resale. "Retail trade" shall not include other commercial uses specifically defined.

REVIEWING AUTHORITY

The Reviewing Authority is defined as the Code Enforcement Officer (CEO) in conjunction with the Town Planner, or Planning Board. The CEO and Planner may grant permit approval under the provisions of this chapter; however, Planning Board permit approval shall be required for any application seeking a waiver of any submission requirements or any criteria of this chapter which are allowed to be waived. The CEO and Planner may require that any application be reviewed for approval by the Planning Board if, in their opinion, the staff review is unable to adequately resolve all relevant issues raised by the application.

[Added 6-12-2013 by Art. 26; amended 9-24-2014 by Art. 6]

RIPRAP

Rocks irregularly shaped, and at least six inches in diameter, used for erosion control and soil stabilization, typically used on ground slopes of two units horizontal to one unit vertical or less.

[Added 3-9-1991 by Art. 116; amended 6-10-2009 by Art. 24]

RIVER

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.

[Amended 3-9-1991 by Art. 117; 6-10-2009 by Art. 24]

ROAD or STREET

For the purpose of this chapter and for determining minimum road frontage requirements, a road is considered to be any public way maintained by public authority, excluding a limited access highway; a private way 50 feet in width; or a private way shown on a recordable plan approved by the Planning Board. Approval of private or minimum road frontage requirements shall in no way be construed to imply acceptance by the Town of Casco for the purposes of maintenance, improvement or other Town services. For shoreland zoning, a road is 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 6-10-2009 by Art. 24]

SAPLING

A tree species that is less than two inches in diameter at 4 1/2 (4.5) feet above ground level.

[Added 1-18-2022 by Art. 5]

SEEDLING

A young tree species that is less than 4 1/2 (4.5) feet in height above ground level.

[Added 1-18-2022 by Art. 5]

SCHOOL

A "public school," as defined in 20-A M.R.S.A. § 1(24), a "private school," as defined in 20-A M.R.S.A. § 1(22), or a "public preschool program," as defined in 20-A M.R.S.A. § 1(23-A), all as may be amended.

[Amended 6-20-1998 by Art. 71; 6-15-2022 by Art. 39]

SENSITIVE USE

A school, a licensed daycare, a dwelling unit, or another marijuana establishment. Setback requirements pertaining to sensitive uses are more particularly defined in § 215-5.18C.

[Added 6-15-2022 by Art. 39]

SERVICE DROP

Any utility line extension which does not cross or run beneath any portion of a water body, provided that:

[Added 3-9-1991 by Art. 118; amended 6-10-2009 by Art. 24]

(1) In the case of electric service, the placement of wires and/or the installation of utility poles is located entirely upon the premises of the customer requesting service or upon a roadway right-of-way; and

(2) In the case of telephone service:

(a) The extension, regardless of length, will be made by the installation of telephone wires to existing utility poles; or

(b) The extension requiring the installation of new utility poles or placement underground is less than 1,000 feet in length.

SERVICE ROAD

A road running roughly parallel to Route 302, 121, 11 or 85 and serving abutting properties through limited access points.

SETBACK

A line that is a required minimum distance from the road right-of-way line or any other lot line that establishes the area within which principal and accessory buildings or structures must be erected or placed. Antennas shall also meet setback requirements. Where road rights-of-way cannot be determined, setbacks shall be measured from the road center line and shall equal the minimum setback for the particular district, plus 25 feet. In the shoreland zone, the setback shall be the nearest horizontal distance from the 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 6-10-2009 by Art. 24]

SETBACK, FRONT

Setback between the front lot line and front line of a building. The depth of the front setback shall be measured from the front lot line to the front line of the building.

SETBACK, REAR

Setback between the rear lot line and rear line of a building. The depth of the rear setback shall be measured from the rear lot line to the rear line of the building.

SETBACK, SIDE

Setback between the side lot line and side line of a building. The depth of the side setback shall be measured from the side lot line to the side line of a building.

SEWAGE SYSTEMS

A wastewater disposal system.

[Added 3-9-1991 by Art. 119]

(1) CENTRAL SEWAGE SYSTEM A wastewater disposal system that receives wastewater from two or more structures. The system may have a private sewer collection system flowing into a common septic tank or it may utilize individual septic tanks. The wastewater, after receiving primary treatment in the septic tank or tanks, may be pumped or gravity fed to a single subsurface disposal field or several fields on a common land area.

(2) ENGINEERED SUBSURFACE WASTE DISPOSAL SYSTEM A system or combination of individually or jointly owned systems which serve a single building or group of associated buildings with a total design flow in excess of 2,000 gallons per day. Examples include condominium projects and clustered systems serving residential dwellings. Residential dwellings with individual systems shall not be included in this definition.

(3) PRIVATE SINGLE FAMILY A wastewater disposal system that receives wastewater from one structure. The wastewater, after receiving primary treatment in the septic tank or tanks, may be pumped or gravity fed to a single subsurface disposal field or several fields on a common land area.

(4) SUBSURFACE SEWAGE DISPOSAL SYSTEM A collection of treatment tank(s), disposal area(s), holding tank(s) and pond(s), surface spray system(s), cesspool(s), well(s), surface ditch(es), alternative toilet(s), or other devices and associated piping designed to function as a unit for the purpose of disposing of waste or wastewater on or beneath the surface of the earth. The term shall not include any wastewater discharge system licensed under 38 M.R.S.A. § 414, any surface wastewater disposal system licensed under 38 M.R.S.A. § 413, Subsection 1-A, or any public sewer. The term shall not include a wastewater disposal system designed to treat wastewater which is in whole or in part hazardous waste as defined in 38 M.R.S.A. Chapter 13, Subchapter 1.

SHORE FRONTAGE

The length of a lot bordering on a water body or wetland measured in a straight line between the intersections of the lot lines with the shoreline.

[Added 3-9-1991 by Art. 120; amended 6-10-2009 by Art. 24]

SHORELAND ZONE

The land area located within 250 feet, horizontal distance, of the normal high-water line of any great pond or river; within 250 feet of the upland edge of a freshwater wetland; or within 130 feet of the normal high-water line of a stream.

[Added 3-9-1991 by Art. 121; amended 6-10-2009 by Art. 24]

SHORELINE

The normal high-water line, or upland edge of a wetland.

[Added 6-10-2009 by Art. 24]

SHORE SETBACK

The setback, measured horizontally, between the normal high-water line of a water body and the nearest side of a building. This horizontal setback distance can be visualized as the line running between the high-water line and a point on the same plane as the high-water line that is directly below (or above) the nearest side of the building. All other dimensions or distances in this chapter that use the normal high-water line as a reference point shall be measured horizontally.

SIGN

Any device, structure, building or part thereof for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public.

[Amended 3-9-1991 by Art. 153; 6-20-1992 by Art. 66]

(1) SIGN AREA The area which encompasses the facing of a sign, including copy, insignia, background and borders. Where a supporting structure bears more than one sign, all such signs on the structure shall be considered as one sign, and so measured. A sign with a double signboard or display area shall be considered to be one sign for the purpose of this chapter and only one side shall be considered in computing sign area.

(2) GROUND OR FREESTANDING SIGN An outdoor sign which is directly and permanently supported and physically separated from any other structure.

(3) WALL SIGN An outdoor sign which is attached flat to, painted on, or does not project more than four inches from the wall.

(4) PROJECTING SIGN An outdoor sign which is attached to a wall, projects out from that wall, and clears the ground or sidewalk by at least eight feet.

(5) PORTABLE SIGN Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels. Portable signs shall be considered temporary signs.

(6) ROOF SIGN An outdoor sign which is attached flat to, painted on, or does not project more than four inches from the roof.

[Added 6-17-1995 by Art. 59]

(7) TEMPORARY SIGN An outdoor sign that is displayed for no more than 72 hours in any thirty-day period, used as part of temporary activities or the merchandising of products. Signs displayed for longer than this period shall either be removed on order of the Code Enforcement Officer or be in conformance with provisions regarding signs in § 215-5.28 of this chapter.

SIGNIFICANT RIVER SEGMENTS

See 38 M.R.S.A. § 437.

[Added 3-9-1991 by Art. 122]

SKID ROAD or SKID TRAIL

A route repeatedly used by forwarding machinery or animal to haul or drag forest products from the stump to the yard or landing, the construction of which requires minimal excavation.

[Amended 6-19-1993 by Art. 66; 6-10-2009 by Art. 24]

SLASH

Tree residue left on the ground after harvesting occurs.

[Amended 6-10-2009 by Art. 24]

SLUDGE

Residual materials produced by water or sewage treatment processes and by septic tanks.

SOLID WASTE

Useless, unwanted, or discarded solid material without sufficient liquid content to be free flowing. This includes, but is not limited to, rubbish, garbage, scrap metals, junk and refuse, and recyclable materials.

STORM-DAMAGED TREE

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 1-18-2022 by Art. 5]

STREAM

Channels between defined banks created by the action of surface water. Intermittent watercourses are included in this definition. Channels that are completely man-made are not included in this definition except where alteration of these channels may cause fill or a structure to fall or be washed into natural channels. For the purpose of this chapter, the lines shown as watercourses on the Official Zoning Map shall be considered streams.

[Amended 6-19-1993 by Art. 66; 6-10-2009 by Art. 24; 9-24-2014 by Art. 4[8]; 1-18-2022 by Art. 5]

STRUCTURE

Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground, exclusive of vegetation, boundary walls, fences, mailboxes, lampposts, birdhouses, or similar construction. The term includes but is not limited to structures temporarily or permanently located, such as decks, satellite dishes, communications systems, pools, ponds, etc.

[Amended 3-9-1991 by Art. 123; 6-10-2009 by Art. 24]

SUBSTANTIAL START

Completion of 30% of a permitted structure or use measured as a percentage of estimated total cost.

[Added 3-9-1991 by Art. 124; amended 6-10-2009 by Art. 24]

SUBSURFACE SEWAGE DISPOSAL SYSTEM

A collection of treatment tank(s), disposal area(s), holding tank(s) and pond(s), surface spray system(s), cesspool(s), well(s), surface ditch(es), alternative toilet(s), or other devices and associated piping designed to function as a unit for the purpose of disposing of waste or wastewater on or beneath the surface of the earth. The term shall not include any wastewater discharge system licensed under 38 M.R.S.A. § 414, any surface wastewater disposal system licensed under 38 M.R.S.A. § 413, Subsection 1-A, or any public sewer. The term shall not include a wastewater disposal system designed to treat wastewater which is in whole or in part hazardous waste as defined in 38 M.R.S.A. Chapter 13, Subchapter 1.

[Added 6-10-2009 by Art. 24]

SUSTAINED SLOPE

A change in elevation where the referenced percent grade is substantially maintained or exceeded throughout the measured area.

[Added 3-9-1991 by Art. 125; amended 6-10-2009 by Art. 24]

TIMBER

The total volume of trees four inches or more in diameter measured at 4 1/2 feet above ground level.

[Added 6-19-1993 by Art. 66]

TIMBER HARVESTING

The cutting and removal of any one of the following amounts of timber from a lot in any one calendar year, whether the primary purpose of such cutting or removal is for personal use or is for selling or processing forest products: 20 or more cords, 10,000 or more board feet, or 58 or more tons of chips. In the shoreland zone, "timber harvesting" means the cutting and removal of timber for the primary purpose of selling or processing forest products, and 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 Article 9, § 215-9.29, Clearing or removal of vegetation for activities other than timber harvesting.

[Amended 3-9-1991 by Art. 126; 6-19-1993 by Art. 66; 6-10-2009 by Art. 24; 1-18-2022 by Art. 5]

TIMBER HARVESTING AND RELATED ACTIVITIES

Timber harvesting, the construction and maintenance of roads used primarily for timber harvesting and other activities conducted to facilitate timber harvesting.

[Added 6-10-2009 by Art. 24]

TRANSIENT USE/GUEST

Occupancy of a lodging accommodation for not more than three weeks during any six-month period.

TREE

A woody perennial plant with a well-defined trunk(s) at least two inches in diameter at 4 1/2 (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 1-18-2022 by Art. 5]

TRIBUTARY STREAM

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 waterborne 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.

[Added 3-9-1991 by Art. 127; amended 6-10-2009 by Art. 24]

TRUCK FACILITY

Any building, premises or land in or upon which a business, service or industry involving the sale, maintenance, servicing, storage or repair of commercial vehicles, including heavy machinery, is conducted or rendered as a principal use.

UPLAND EDGE OF A WETLAND

The boundary between upland and wetland. For purposes of a freshwater wetland, the upland edge is formed where the soils are not saturated for a duration sufficient to support wetland vegetation, or where the soils support the growth of wetland vegetation but such vegetation is dominated by woody stems that are six meters (approximately 20 feet) tall or taller.

[Added 3-9-1991 by Art. 128; amended 6-10-2009 by Art. 24]

USE

The purpose for which land or a structure is arranged, designed or intended or for which land or a structure is or may be occupied.

VARIANCE

For property located in the shoreland zone and for increases in nonconforming nonresidential uses over 25%, a departure from the requirements of this chapter as authorized by the Appeals Board only where strict application of this chapter would cause undue hardship. For property located elsewhere in the Town and for reconstruction of destroyed nonconforming buildings, a departure from the requirements of this chapter as authorized by the Appeals Board where strict application of this chapter to the petitioner and the petitioner's property would cause a practical difficulty. As used in this chapter, variances may be authorized only for maximum height, minimum setbacks, minimum frontage, maximum building coverage or impervious surface, increases in nonconforming nonresidential uses over 25% and reconstruction of a destroyed nonconforming building.[9]

[Amended 3-9-1991 by Art. 129; 6-20-1998 by Art. 69]

VEGETATION

All live trees, shrubs, ground cover, and other plants, including, without limitation, trees both over and under four inches in diameter measured at 4 1/2 feet above ground level.

[Added 3-9-1991 by Art. 130; amended 6-10-2009 by Art. 24]

VISIBLE

Capable of being seen without visual aid by a person of normal visual acuity.

VISUAL OR PERFORMING ARTS BUILDING

A facility whose principal use involves the staging of cultural events, including but not limited to concerts, plays, musicals, dance and film.

VOLUME OF A STRUCTURE

The volume of all portions of a structure enclosed by roof and fixed exterior walls as measured from the exterior faces of these walls and roof.

[Added 3-9-1991 by Art. 131; amended 6-10-2009 by Art. 24]

WAREHOUSE FACILITY

An enclosed structure used primarily for the storage of goods or materials. Outdoor storage is not permitted, except for merchandising purposes.

WATER BODY

Any great pond, river or stream.

[Added 3-9-1991 by Art. 132; amended 6-10-2009 by Art. 24]

WATER CROSSING

Any project extending from one bank to the opposite bank of a river, stream, tributary stream, or wetland, whether under, through, or over the water or wetland. Such projects include but may not be limited to roads, fords, bridges, culverts, waterlines, sewer lines, and cables as well as maintenance work on these crossings. This definition includes crossings for timber harvesting equipment and related activities.

[Added 3-9-1991 by Art. 133; amended 6-10-2009 by Art. 24]

WATERSHED

Any land area that drains by either surface or subsurface flow to a water body. This shall be defined as the highest elevations of land (ridgeline) surrounding the body of water. All rain that falls in a watershed will flow toward the body of water within that watershed.

[Added 3-9-1991 by Art. 134]

WETLAND

A freshwater area identified on the basis of soils, vegetation and other criteria as wetlands, including but not limited to swamps, marshes and bogs. See other wetland terms such as "forested wetland," "freshwater wetland," "upland edge of a wetland," "wetlands associated with great ponds and rivers" and "wetlands of special significance" for specific definitions and criteria.

[Amended 3-9-1991 by Art. 135; 6-10-2009 by Art. 24; 9-24-2014 by Art. 4]

WETLANDS ASSOCIATED WITH GREAT PONDS AND RIVERS

Wetlands contiguous with or adjacent to a great pond or river and which, during normal high water, are connected by surface water to the great pond or river. Wetlands associated with great ponds or rivers are considered to be part of that great pond or river.

[Added 3-9-1991 by Art. 136; amended 1-18-2022 by Art. 5]

WETLANDS OF SPECIAL SIGNIFICANCE

A freshwater area identified on the basis of soils, vegetation and other criteria as of special significance wetlands and as having one or more of the following characteristics described below:

[Added 9-24-2014 by Art. 4]

(1) Critically imperiled or imperiled community. The freshwater wetland contains a natural community that is critically imperiled (S1) or imperiled (S2) as defined by the Natural Areas Program.

(2) Significant wildlife habitat. The freshwater wetland contains significant wildlife habitat as defined by 38 M.R.S.A. § 480-B(10). This shall include significant vernal pools as defined by the Maine Department of Environmental Protection.

(3) Location near GPA great pond. The freshwater wetland area is located within 250 feet of the normal high-water line, and within the same watershed, of any lake or pond classified as GPA under 38 M.R.S.A. § 465-A.

(4) Aquatic vegetation, emergent marsh vegetation or open water. The freshwater wetland contains under normal circumstances at least 20,000 square feet of aquatic vegetation, emergent marsh vegetation or open water, unless the 20,000 or more square foot area is the result of an artificial pond or impoundment.

(5) Wetlands subject to flooding. The freshwater wetland area is inundated with floodwater during a one-hundred-year flood event based on flood insurance maps produced by the Federal Emergency Management Agency (FEMA) or other site-specific information.

(6) Peat lands. The freshwater wetland is or contains peat lands, except that the Town may determine that a previously mined peat land, or portion thereof, is not a wetland of special significance.

(7) River, stream or brook. The freshwater wetland area is located within 25 feet of a river, stream or brook.

WINDFIRM

The ability of a forest stand to withstand strong winds and resist windthrow, wind rocking, and major breakage.

[Added 6-10-2009 by Art. 24]

WOODY VEGETATION

Live trees or woody, nonherbaceous shrubs.

[Added 6-10-2009 by Art. 24]

YARD

An open space that lies between the required setback of the principal or accessory building(s) and the nearest lot line.

YARD, FRONT

The area of land between the front lot line and the nearest part of the existing or proposed principal or accessory building.

YARD, REAR

The area of land between the rear lot line and the nearest part of the existing or proposed principal or accessory building.

YARD, SIDE

The area of land between the side lot line and the nearest part of the existing or proposed principal or accessory building.

[1] Editor's Note: See Ch. 210, Subdivision of Land, § 210-9.10.

[2] Editor's Note: See § 215-5.13, Home occupations.

[3] Editor's Note: Section 4962-A of Title 30 was repealed by L. 1987, c. 737.

[4] Editor's Note: The definition of "inland wetlands" which immediately followed this definition was repealed 9-24-2014 by Art. 4.

[5] Editor's Note: See 10 M.R.S.A. § 9001 et seq.

[6] Editor's Note: See 10 M.R.S.A. § 9001 et seq.

[7] Editor's Note: Throughout this chapter the term "high-water mark" was amended to "high-water line" 6-14-2017 by Art. 27.

[8] Editor's Note: This article also repealed the definition "stream (forestry definition)" which immediately followed this definition and was added 6-12-2013 by Art. 26.

[9] Editor's Note: The definition of "vegetated strip" which immediately followed this definition was repealed 9-24-2014 by Art. 2.