[Amended 4-5-2010]
A.
This chapter implements the land use strategies in Westbrook's Comprehensive
Plan. The plan calls for Westbrook to:
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Establish a well-balanced land use pattern that sustains the
economic, institutional, and cultural role of the urban core while
meeting the current and future needs of Westbrook citizens in a manner
that is cost-effective, equitable, environmentally sound, and sensitive
to the City's visual and cultural character.
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B.
The City's cultural character has long been shaped by its history
as a vibrant, technologically advanced mill community. Now, as the
mills' role in the community has decreased, Westbrook has a unique
opportunity to reinvent itself. No longer dependent on processes that
often polluted the environment, Westbrook citizens can now look forward
to development and activity that is sensitive to the need of its families
and children, respective of its neighborhoods and charm, and sensitive
to its environment. To achieve these goals, this chapter will accomplish
the following:
(1)
Promote and conserve the health, safety, and general welfare
of its residents.
(2)
Promote a safe and sensitive use of the environment that respects
our unique resources:
(3)
Assist in the efficient provision, utilization, and expansion
of the municipality's infrastructure.
(4)
Maintain and enhance the amenities found in our Downtown and
throughout our community.
(5)
Encourage the health of our existing neighborhoods and ensure
that new neighborhoods have the same cohesive nature.
(6)
Conserve and encourage appropriate use of environmentally sensitive
land and historically significant buildings, recognizing that Westbrook
has a limited supply of both.
(7)
Promote harmonious interrelationships between differing land
uses.
(8)
Encourage the mix of residential, business, and light industry
centers.
(9)
Promote traffic safety for pedestrians and vehicles.
(10)
Encourage a mix of residential housing options to serve our
diverse population, including senior citizens.
[Amended 12-13-2004]
A.
In general, this chapter is complementary to other ordinances affecting
the use, location, and dimensions of buildings in the City, but where
there is a conflict, this chapter takes precedence.
B.
In the Shoreland Zone, whenever a provision of this chapter conflicts
with or is inconsistent with another provision of this chapter or
of any other ordinance, regulation or statute, the more restrictive
provision shall control.
This chapter shall be known as the "Westbrook Land Use Ordinance"
and replaces a previous ordinance enacted by the City Council on December
3, 1973, and amended subsequently.
The City is divided into districts, as shown on the Westbrook
Zoning Map, which map is made a part of this chapter, which is on
file in the office of the City Clerk. The Zoning Map is based on the
Comprehensive Plan's Future Land Use Map, also on file with the City
Clerk's office.
[Amended 5-3-2021 by Order No. 2021-34]
A.
Amendment to the Land Use Ordinance, including Zoning Map amendments.
The City Council may amend, revise, replace or otherwise change the
Land Use Ordinance, provided that the statutory provisions relating
to notice and public hearings are observed in accordance with the
following procedures and criteria:
(1)
Request for amendment. An amendment may be initiated by the
Planning Board, City Council, the City administration, or it may be
requested by the owner(s) of property or the authorized agent of the
owner or a person with equivalent right, title or interest in the
property proposed for rezoning.
(2)
Application. Requests for amendments must be accompanied by
a complete application and application fee as set forth in the Master
Fee Schedule.[1] The cost for noticing and advertising fees must also be
paid to the City. The request or proposal shall not be placed on a
Planning Board agenda unless and until these fees are paid. This fee
shall be waived if the request is initiated by the City, either through
the City Council, the Planning Board or the City administration.
(a)
Requests for an amendment to the Zoning Map shall include:
[1]
A map showing existing and proposed zone lines.
[2]
The address or location of the parcel(s) to be reclassified.
[3]
The name and address of property owners of the parcels proposed
to be rezoned.
[4]
A statement regarding existing and proposed land use.
[5]
Existing and proposed zoning classifications.
(3)
Procedure for Planning Board review and recommendation. The
Planning Board shall review and, after holding a public hearing, shall
provide a recommendation on the request to the City Council.
(a)
Notice for the public hearing shall be provided as follows:
[1]
Posted in City Hall at least 13 days prior the hearing.
[2]
Posted on the City's website at least 13 days prior to the hearing.
[3]
Published at least two times in a newspaper of general circulation,
the first at least 12 days prior to the hearing and the second at
least seven days prior to the hearing.
[4]
Notice shall be mailed to both the property or properties proposed
for a zoning change and each property owner within 500 feet from any
portion of the property proposed for a zoning change. The notice shall
be mailed by first-class mail at least 13 days before the public hearing.
(4)
Procedures for City Council review. Once the City Council receives
a Planning Board recommendation, the City Council shall hold a public
hearing.
B.
Administrative corrections. The City Clerk is authorized to make
minor corrections to the adopted or amended version of this chapter
to correct typographical mistakes or errors in numbering, incorrect
references or punctuation that do not alter the substance or meaning
of the provisions without public hearing by the Planning Board or
formal vote of the City Council.
[Amended 5-3-2021 by Order No. 2021-35]
A.
An applicant for a conditional or contract zone shall submit an application
to the Planning Board on forms provided by the City with the following
information and/or fees:
(1)
A plot plan showing the following:
(2)
A detailed statement of the proposed use of the property.
(3)
A statement setting forth the precise zoning change requested.
(4)
A statement setting forth the conditions or restrictions which the applicant proposes to be applied as a condition of the proposed rezoning. The Planning Board may recommend further conditions or restrictions as outlined in Subsection D.
(5)
A nonrefundable application fee in such amount(s) as the City
Council may from time to time establish in the City Fee Schedule.
The fee shall be paid at the time the application is filed with the
Planning Board. All notification fees shall be paid by applicant.
(6)
A consulting and review fee in such amount as the City Council may from time to time establish in the City Fee Schedule. The fee shall be placed in escrow with the City at the time the application is filed with the Planning Board. The fee shall be used by the City in accordance with § 335-13.1H, Fees for consulting, review and inspection, of this chapter.
(7)
Evidence of right, title or interest in the property.
(8)
Additional information.
(a)
Traffic impact study/assessment:
[1]
The applicant must submit a traffic study for all projects that
will require a Traffic Movement Permit from the Maine Department of
Transportation (MDOT). At a minimum, the traffic study must provide
all information set forth in Section 7 of MDOT's Rules and Regulations
Pertaining to Traffic Movement Permits, as may be amended from time
to time. The Planning Board or City Council may require additional
information in the traffic study during the application review process.
[2]
For projects that will not require a Traffic Movement Permit
from the MDOT, the Planning Board or City Council may request a traffic
study or traffic assessment as part of the application. The Board
or Council will determine the parameters of the traffic study or traffic
assessment as part of the application review process.
B.
Pursuant to 30-A M.R.S.A. § 4352, conditional and contract
zoning is authorized where, for such reasons as the unusual nature
or unique location of the development proposed, the City Council finds
it necessary or appropriate to impose, by agreement with the property
owner or otherwise, certain conditions or restrictions relating to
the physical development or operation of the property, which are not
generally applicable to other properties similarly zoned. All rezoning
under this section shall establish rezoned areas which are consistent
with the existing and permitted uses within the original zones. All
such rezoning shall be consistent with the City's Comprehensive Plan.
C.
D.
Conditions and restrictions imposed under the authority of this section
may include, by way of example:
(1)
Limitations on the types and number of uses permitted.
(2)
Restrictions on the scale and density of development.
(3)
Specifications for the design and layout of building and other
improvements.
(4)
Schedules for the commencement and completion of construction.
(5)
Preservation and creation of open space and buffers, and protection
of natural areas and historic sites.
(6)
Contributions toward the provision of municipal services generated
by the development.
(7)
Performance guarantees adequate to secure completion and maintenance
of improvements, and guarantees against defects.
(8)
Provisions for enforcement and remedies for breach of any condition
or restriction.
This chapter operates in accordance with the following rules
of construction:
A.
Separability. The invalidity of any provision of this chapter does
not invalidate any other provision.
B.
Use of certain terms. For the purposes of this chapter:
(1)
Words used in the singular include the plural, and words used
in the plural include the singular.
(2)
Words used in the present tense include the future.
(3)
The word "shall" is mandatory; the word "may" is permissive.
(4)
Terms not herein defined shall have the meaning customarily
assigned to them in Webster's New Collegiate Dictionary.
C.
Abbreviations. The following abbreviations are used in this chapter:
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' is foot or feet
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" is inches
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S.F. is square feet
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mm is millimeter(s)
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Terms used in this chapter are defined as follows (please note that Articles VII through XI may have their own definitions):
The owner of land sharing a common boundary or corner with
a site, parcel of land, or lot on which activity is proposed that
is regulated by this chapter.
A secondary dwelling unit established in conjunction with and clearly subordinate to a principal dwelling unit on the same lot. An accessory dwelling unit (ADU) is a permitted accessory use for single-family dwelling units only, and ADUs are subject to the standards in § 335-2.2. An ADU which complies with the requirements of § 335-2.2 shall be exempt from the Residential Density Factor requirement of this code.
[Added 11-17-2014; amended 4-23-2018 by Ord. No. 2018-44; 12-4-2023 by Ord. No. 2023-127]
A structure or use which is subordinate and incidental to
and serves a permitted use and is located on the same lot as the principal
structure or use, except as otherwise expressly provided in this chapter.
In no case shall an accessory use dominate in area, extent, or purpose
the principal lawful use or structure. In all cases, accessory uses
shall meet the same performance standards of this chapter as principal
uses. The keeping of bees or animals typically associated with farms
shall be allowed as an accessory use to a principal residential use
on the same lot, provided that the keeping of such animals separately
regulated in the Code of the City of Westbrook is done in accordance
with those regulations; the keeping of such animals is not done for
commercial purposes; and the keeping of animals typically associated
with farms, but not limited to goats, cows, and horses, shall only
be allowed in those residential zones that allow a farm as a permitted
use. The keeping of bees as an accessory use shall comply with the
requirements set forth in the Code of the City of Westbrook.[1]
[Amended 3-3-2008; 9-14-2015]
An adult day-care center licensed by the State of Maine for
providing day-care services to adults who are mentally disadvantaged
or incapacitated in some way that requires such services.
Marijuana that is cultivated, manufactured, distributed or
sold by an adult-use/retail marijuana establishment or adult-use/retail
marijuana social club.
[Added 6-4-2018 by Ord.
No. 2018-72]
A facility or an entity licensed to cultivate, prepare and
package adult-use/retail marijuana and to sell adult-use/retail marijuana
to adult-use/retail marijuana establishments and adult-use/retail
marijuana social clubs.
[Added 6-4-2018 by Ord.
No. 2018-72]
Includes adult-use/retail marijuana stores, adult-use/retail
marijuana cultivation facilities, adult-use/retail marijuana products
manufacturing facilities, and adult-use/retail marijuana testing facilities.
[Added 6-4-2018 by Ord.
No. 2018-72]
Concentrated adult-use/retail marijuana and adult-use/retail
marijuana products that are composed of adult-use/retail marijuana
and other ingredients and are intended for use or consumption, including,
but not limited to, edible products, ointments and tinctures.
[Added 6-4-2018 by Ord.
No. 2018-72]
A facility or an entity licensed to purchase adult-use/retail
marijuana; manufacture, prepare and package adult-use/retail marijuana
products; and sell adult-use/retail marijuana and adult-use/retail
marijuana products only to other adult-use/retail marijuana products
manufacturing facilities, adult-use/retail marijuana stores and adult-use/retail
marijuana social clubs.
[Added 6-4-2018 by Ord.
No. 2018-72]
A facility or an entity licensed to sell adult-use/retail
marijuana and adult-use/retail marijuana products to consumers for
consumption on the licensed premises.
[Added 6-4-2018 by Ord.
No. 2018-72]
A facility or an entity licensed to purchase adult-use/retail
marijuana from an adult-use/retail marijuana cultivation facility
and to purchase adult-use/retail marijuana products from an adult-use/retail
marijuana products manufacturing facility and to sell adult-use/retail
marijuana and adult-use/retail marijuana products to consumers.
[Added 6-4-2018 by Ord.
No. 2018-72]
A facility or an entity licensed and certified to analyze
and certify the safety and potency of adult-use/retail marijuana and
adult-use/retail marijuana products.
[Added 6-4-2018 by Ord.
No. 2018-72]
A multiple-family dwelling project that conforms with the
following:
[Added 12-4-2023 by Ord. No. 2023-127]
For rental housing, a development in which a household whose
income does not exceed 80% of the area median income as defined by
the United States Department of Housing and Urban Development under
the United States Housing Act of 1937, Public Law 75412, 50 Stat.
888, Section 8, as amended, can afford 51% or more of the units in
the development without spending more than 30% of the household's
monthly income on housing costs; and
For owned housing, a development in which a household whose
income does not exceed 120% of the area median income as defined by
the United States Department of Housing and Urban Development under
the United States Housing Act of 1937, Public Law 75-412, 50 Stat.
888, Section 8, as amended, can afford 51% or more of the units in
the development without spending more than 30% of the household's
monthly income on housing costs.
For purposes of this definition, "housing costs" means:
For a rental unit, the cost of rent and any utilities (electric,
heat, water, sewer, and/or trash) that the household pays separately
from the rent; and
For an ownership unit, the cost of mortgage principal and interest,
real estate taxes (including assessments), private mortgage insurance,
homeowner's insurance, condominium fees, and homeowners'
association fees.
A geologic formation composed of rock or sand and gravel
that stores and transmits significant quantities of recoverable water.
A primary or secondary recharge area composed of porous material
or rock sufficiently fractured to allow infiltration and percolation
of surface water and transmission of it to aquifers.
The midpoint of the Portland, Maine Metropolitan Statistical
Area income distribution calculated on an annual basis by the U.S.
Department of Housing and Urban Development.
[Added 12-4-2023 by Ord. No. 2023-127]
Small-scale production, preparation of food and/or beverage
made on site with minimal automated processes involved and may include
direct sales to consumer and product tasting. This definition includes
uses such as small-batch food producers and bakeries, craft breweries,
micro-distilleries, wineries, small-batch candy shops and cheese makers.
Outdoor seating is allowed.
[Added 3-18-2019 by Ord.
No. 2019-40]
An industrial facility used for the production of asphalt,
or asphalt products, used in building or construction, and includes
facilities for the administration or management of the business, the
stockpiling of bulk materials used in the production process or of
finished products manufactured on the premises and the storage and
maintenance of required equipment, but does not include the sale of
finished asphalt products to the general public.
[Amended 6-7-2010 (effective as
of 3-24-2008)]
A retail business carried on by the franchisee of a motor
vehicle manufacturer or affiliate of the franchisee, primarily housed
in a structure and characterized by a mixture of related uses upon
a commercial parcel, the principal use of which shall be the marketing
of new or used automobiles or both, by sale, rent, lease, or other
commercial or financial means. Secondary supporting uses may also
exist upon the same site, such as maintenance, repair and service
areas, parts storage areas, and financial service areas. For the purposes
of this definition, the word "automobile" shall also include trucks.
[Amended 6-23-2014; 1-5-2015]
A business for the purpose of vehicular repair, where the
sale of petroleum products is also permitted. Services may also include
so-called "quick lube" services and other specialty auto repair.
[Amended 11-17-2014]
A bank or similar financial institution with one or more
drive-up windows, including ATM machines, whether attached or unattached.
A bank or similar financial institution where drive-up windows
are not permitted, although an attached walk-up ATM is permitted.
A flood having a 1% chance of being equaled or exceeded in
any given year, as defined by Flood Insurance Rate Maps.
Area of a lot of land in square feet.
A dwelling in which not more than 10 rooms are rented on
a daily basis, and where meals may be provided.
[Amended 11-19-2012]
A dwelling occupied by the owner as his principal place of
residence where not more than five rooms are rented on a daily basis,
and where meals may be provided.
A group home for the sheltered care of persons which, in
addition to providing food and shelter, may also provide some combination
of personal care, social or counseling services, or transportation.
This definition does not include facilities for the treatment of substance
use disorder or disabled (physical or mental) persons. Performance
standards:
The minimum distance between any two such facilities shall be
1,500 feet, measured from the closest property line to closest property
line in an offset.
Any such facility shall house no more than eight persons (eight
total, including live-in staff, if any).
Property must be serviced by public sewer and public water.
Transit accessible or means of transportation provided by facility.
Provide the Code Enforcement Office with documentary evidence
in letter form that the structure meets current fire codes for the
designated use under NFPA. This evidence/certification will be provided
from an engineer or architect and must be reviewed by the appropriate
City official. State Fire Marshal review may also be required.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Facility shall be licensed as a boarding care according to regulations
issued by the Maine Department of Health and Human Services and reviewed
by the State Fire Marshal's office.
A dwelling which, for compensation, provides lodging, or
lodging and meals, to more than four persons (or more than two bedrooms
maximum) and where the owner resides in the building. No provisions
for cooking in individual rooms other than a main kitchen are allowed,
and meals may or may not be provided. Boardinghouses and lodging houses
shall meet the following conditions:
Be owner-occupied;
Have smoke detectors in each sleeping room;
Property must be serviced by public sewer and public water.
Provide the Code Enforcement Office with documentary evidence
in letter form that the structure meets current fire codes for the
designated use under NFPA. This evidence/certification will be provided
from an engineer or architect and must be reviewed by the appropriate
City official. State Fire Marshal review may also be required.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any such house shall contain no more than eight persons, including
the owner.
Any place, building, tract of land or abode in or on which
three or more privately owned companion animals are kept at any one
time for their owners in return for a fee or compensation. For the
purposes of this chapter, a boarding kennel also includes a facility
where three or more companion animals are kept for training purposes,
including but not limited to obedience, guide and service training,
for a fee or compensation.
[Added 3-18-2019 by Ord.
No. 2019-41]
A facility operated on a regular, profit or nonprofit basis
for social activities in which members or guests provide their own
liquor, where no liquor is sold on the bottle club premises, which
maintains suitable facilities for the use of members on a regular
basis or charges an admission fee to members or the general public
and where members, guests or others are regularly permitted to consume
liquor. As used in this definition, "regularly" includes daily, weekly
or monthly, but does not include once a year or less often.
[Added 4-6-2015]
All parts of contiguous real estate occupied by the bottle
club over which the bottle club owner has direct or indirect control
or interest and which the bottle club owner uses in the operation
of the bottle club.
[Added 4-6-2015]
Area of undeveloped or landscaped land, measured in horizontal
distance, used to provide separation between conflicting uses.
Any structure having a roof, partial roof supported by columns
or walls used or intended to be used for the shelter or enclosure
of persons, animals or objects regardless of the materials of which
it is constructed.
A facility used by a commercial, financial, professional,
or government enterprise or establishment. For the purposes of this
chapter, the definition of a "business office" includes limited production
or manufacturing operations wherein the office function is the primary
activity, and printing and publishing operations. This term does not
include the growing or dispensing of medical marijuana by medical
marijuana dispensaries, caregivers, or patients.
[Amended 2-5-2018 by Ord.
No. 2018-07; 3-18-2019 by Ord. No. 2019-45]
A facility used by a financial, professional or government
enterprise or establishment during usual business hours that only
performs functions generally found in an office setting. This includes
the use of desks, files, computers, photocopying machines, desktop
printers and similar equipment. General business activities may not
be conducted outside of the structure in which the office is located.
For the purposes of this chapter, the definition of a "business office
2" does not include research and development facilities, limited production
or manufacturing operations, or printing and publishing operations.
In addition, these specifically excluded activities may not be permitted
as an accessory use to the primary business office functions. This
term does not include the growing or dispensing of medical marijuana
by medical marijuana dispensaries, caregivers, or patients.
[Amended 2-5-2007; 2-5-2018 by Ord. No. 2018-07]
A tent park or recreational vehicle park where individual
lots of no less than 10 feet by 15 feet are rented on a daily basis.
Said parks shall provide for camping amenities, have access roads
approved by the Fire & Rescue Department, and have a plan for
the elimination of sewage from individual units. Parks are subject
to site plan review.
The use of a site for washing and cleaning of passenger vehicles,
recreational vehicles, or other light-duty equipment.
Land used for the burial of the dead, and dedicated for cemetery
purposes, excluding a columbarium, crematories, mausoleums, and mortuaries.
A building in which day-care and educational programming
for children up to kindergarten age is provided. Such a facility shall
be considered a commercial operation and shall not be located in a
building containing one or more dwelling units. Such a facility may
provide for the care of older children in after-school programs and
shall be consistent with Maine licensing statutes.
[Amended 4-5-2010; 9-14-2015]
Any structure used for worship or religious instruction,
including social and administrative rooms accessory thereto.
An association of people for social or recreational purposes,
or for the promotion of some common objective; the use of common property
owned by the association, which can include the serving of food or
alcohol.
Any swamp, marsh, bog, beach, flat or other land above extreme
low water which is subject to tidal action or as otherwise identified
on the basis of soils, vegetation or other similar criteria.
An association, cooperative, affiliation or group of primary
caregivers who physically assist each other in the act of cultivation,
processing or distribution of marijuana for medical use for the benefit
of the members of the collective.
[Added 2-5-2018 by Ord.
No. 2018-07]
Any wording, logo or other representation that directly or
indirectly names, advertises or calls attention to a business, a primary
product or service, or other commercial activity.
[Added 8-3-2020 by Ord.
No. 2020-78]
An establishment or place of business primarily engaged in
selling and/or distributing merchandise to retailers and not to the
general public; to 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. This use may involve the repair of such merchandise.
This is not considered a general commercial use. This term does not
include the growing or dispensing of medical marijuana by medical
marijuana dispensaries, caregivers, or patients.
[Amended 6-7-2010 (effective as
of 3-24-2008); 2-5-2018 by Ord. No. 2018-07]
A common building, place, area or other facility, publicly
managed, which provides a focus for the recreational, educational,
social or cultural needs of the community. Services may be provided
by for-profit entities.
[Amended 11-19-2012]
A housing facility for eight or fewer persons with disabilities
that is approved, authorized, certified or licensed by the state.
A community living arrangement may include a group home, foster home
or intermediate care facility.
SINGLE-FAMILY USEA community living arrangement is deemed a single-family use of property for the purposes of zoning.
DISABILITYHas the same meaning as the term "handicap" in the federal Fair Housing Act, 42 U.S.C. § 3602.
Dwelling units providing communal domiciliary arrangements
for a group of unrelated persons for the transition of formerly institutionalized
persons back into mainstream community living and participation; a
"halfway house." Performance standards:
The minimum distance between any two such facilities shall be
1,500 feet, measured from the closest property line to closest property
line in an offset.
Any such facility shall house no more than eight persons (eight
total, including live-in staff, if any).
Staffing is required 24 hours a day.
Property must be serviced by public sewer and public water.
Transit accessible or means of transportation provided by facility.
Provide the Code Enforcement Office with documentary evidence
in letter form that the structure meets current fire codes for the
designated use under NFPA. This evidence/certification will be provided
from an engineer or architect and must be reviewed by the appropriate
City official. State Fire Marshal review may also be required.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A use which is by policy permitted in a particular zoning
district and consistent with the most recently adopted Comprehensive
Plan, which is by policy considered to be of an essential or desirable
nature for the general welfare of the community, and at the same time
is not essentially incompatible with existing uses in the district,
provided that it meets the standards established for the use, and
any conditions of approval imposed by the Planning Board.
[Amended 4-3-2017]
The process by which the municipal legislative body may rezone
property to permit the use of that property subject to conditions
not generally applicable to other properties similarly zoned.
[Added 5-3-2021 by Order No. 2021-35]
A multiple-family dwelling occupied by people in a shared
living environment. Such facilities shall consist of individual apartment
units, shared community space, shared dining facilities, appropriate
recreational facilities and required care services based on individual
need.
The process by which the property owner, in consideration
of the rezoning of that person's property, agrees to the imposition
of certain conditions or restrictions not imposed on other similarly
zoned properties.
[Amended 8-21-2006; 5-3-2021 by Order No. 2021-35]
A large venue designed and built to host conferences, exhibitions,
large meetings, seminars, training sessions, etc., as its principal
use. A convention center may also provide office facilities and leisure
activities.
[Added 3-18-2019 by Ord.
No. 2019-42]
A complete lighting unit with elements such as shields, reflectors,
or refractor panels which direct and cut off the light at an angle
of less than 90°. The angle is formed by a line perpendicular
to the ground moving up 90° to the point of cutoff.
A facility used to store computer systems and associated
components, such as telecommunications and storage systems.
[Added 4-22-2019 by Ord.
No. 2019-58]
A dwelling or facility in which day care is provided for
between four and 12 children under the age of 16, licensed in accordance
with state statute.[2]
[Amended 9-14-2015]
A room or group of rooms providing, or intending to provide,
living quarters containing independent cooking, sleeping, and bathroom
facilities for one household.
A structural unit designed for occupancy, and constructed
in a manufacturing facility and then transported by the use of its
own chassis, or placed on an independent chassis, to a building site.
For purposes of this definition only, the following two types of manufactured
housing are permitted:
Those 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. These standards mean structures transportable
in one or more sections which, in the traveling mode, are eight body
feet or more in width and 40 body feet or more in length or, when
erected on site, are 320 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 therein; except that the term shall include any
structure that meets all the requirements of this subsection 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
standards established under the National Manufactured Housing Construction
and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.,
as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Those units commonly called "modular homes," which the manufacturer
certifies are constructed in compliance with Maine's Manufactured
Housing Act[3] and regulations, 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 facilities, including the plumbing, heating, air conditioning
or electrical systems contained therein.
A structure consisting of three or more attached dwelling
units.
A detached structure consisting of one dwelling unit.
A detached structure consisting of two dwelling units.
A public, private or church-affiliated establishment for
the education at all levels of children and/or adults in subjects
or skills.
Operations conducted for the public health, safety or general
welfare. These include protection of resources from immediate destruction
or loss, law enforcement, and operations to rescue human beings and
livestock from the threat of destruction or injury.[4]
Industry engaged in the extraction of soil, topsoil, loam,
sand, gravel, clay, rock, peat, or other like material from its natural
location and the transport of the product away from the site of extraction.
The definition of "farm," "farm operation," and "farm product"
is determined by the most current definition in 7 M.R.S.A §§ 52
and 152 or any successor statutes or provisions. This use may involve
the repair of such merchandise. This is not considered a general commercial
use. This term does not include the growing or dispensing of medical
marijuana by medical marijuana dispensaries, caregivers, or patients.
[Amended 9-14-2015; 2-5-2018 by Ord. No. 2018-07; at time of adoption of Code (see Ch. 1, General Provisions, Art.
II)]
A lot so shaped and designed that the main building site
area is set back from the public street on which it fronts and includes
an access strip connecting the main building site with the frontage
street. The creation of a flag lot is only permitted on public streets.
[Amended 4-5-2010]
The channel of a river, or other watercourse, and adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
Area used for retail sales, not including storage space.
A retail business whose principal activity is the selling
of plants which are not grown on the site and conducting business
within an enclosed building. This term does not include the growing
or dispensing of medical marijuana by medical marijuana dispensaries,
caregivers, or patients.
[Amended 2-5-2018 by Ord.
No. 2018-07]
An outdoor vendor operating from a portable facility located
on a given site, licensed with the City, and selling products, including,
but not limited to, prepared or unprepared food. This definition does
not including flea markets or the sale of general merchandise.
The area within the exterior limits of the base of a structure.
A wall below the floor near or at grade which serves as a
structural support for a wall, pier, column or other part of a building,
or the wall of a basement that resists lateral soil load.
[Amended 3-7-2005]
Freshwater swamps, marshes, bogs and similar areas which
are 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 and not considered part of a great pond, coastal
wetland, river, stream or brook. These areas may contain small stream
channels or inclusions of land that do not conform to the criteria
of this definition.
That line which separates the lot from a public or private
right-of-way. On a corner lot, the front lot line is the line along
the most traveled way as determined by the Code Enforcement Officer.
[Amended 3-18-2019 by Ord. No. 2019-45]
A building used for the preparation of the deceased for burial
and display of the deceased and rituals connected there with before
burial or cremation. A funeral home, as defined for purposes of this
code, includes a funeral chapel.
A tract of land laid out with at least nine holes for playing
a game of golf and improved with tees, greens, fairways and hazards.
A golf course may include a clubhouse, restrooms, driving range, and
shelters as accessory uses.
A building inside which plants are grown, all or part of
which are sold at a retail or wholesale establishment. This term does
not include the growing or dispensing of medical marijuana by medical
marijuana dispensaries, caregivers, or patients.[5]
[Amended 2-5-2018 by Ord.
No. 2018-07; at time of adoption of Code (see Ch.
1, General Provisions, Art. II)]
Substances identified by the Maine Board of Environmental
Protection under 38 M.R.S.A. § 1319, as amended.
The vertical distance measured from the average ground elevation
at the base of a structure to the average height of the highest roof
surface.
[Amended 3-18-2019 by Ord. No. 2019-45]
A person who provides day care in that person's primary residence,
on a regular basis, for three to 12 children under 13 years of age
who are not the children of the provider. Such a facility is allowed
only in one- or two-family dwellings.
[Amended 11-17-2014; 9-14-2015]
An occupation carried on by residents of a dwelling unit
where:
[Amended 3-7-2005]
The occupation is clearly secondary to the principal use of
the dwelling unit;
Only two people other than family members residing on the premises
may be employed;
There must be no change to the outside appearance of the building
or premises, other than one nonilluminated sign of not more than four
square feet;
The home occupation use is limited to 500 square feet of the
enclosed building area;
Any parking provided by the owner must be off street, exclusive
of any yard setback, and be screened from any neighbor;
If renting or leasing, tenant must have permission from the
owner; and
No more than two pieces of commercial equipment shall be permitted,
and this equipment must be able to meet the performance standards
of the particular zoning district within which the structure exists.
The commercial equipment must be contained and used entirely within
the dwelling unit or accessory structure.
A business where plants may be grown on the premises, within
greenhouses, and where plants may also be sold on the premises. This
term does not include the growing or dispensing of medical marijuana
by medical marijuana dispensaries, caregivers, or patients.[6]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
An institution 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, training
facilities, medical offices, and staff residences.
A structure providing lodging, for a fee. Accessory uses
may include restaurants, meeting rooms, function halls, and associated
recreation facilities. For purposes of this chapter, a hotel shall
include any lodging structure consisting of 10 units or more per lot.
Hotel units that have cooking and sleeping facilities, commonly referred
to as "efficiency units" or "suites," shall be rented for short-duration
lodging.
[Amended 3-18-2019 by Ord. No. 2019-45]
A family or a group of unrelated persons who live in a dwelling
unit that meets the standards and codes of the City of Westbrook.
[Amended 9-12-2022 by Ord. No. 2022-105]
A surface which does not absorb water, including, but not
limited to, buildings, parking areas, driveways, roadways, sidewalks,
and any areas of concrete or asphalt. Land used for outside storage,
unless the ground surface is of sufficient porosity to minimize surface
water runoff, shall be deemed to be impervious surfaces.
An area designed and arranged so that it may be used for
outdoor concerts or performances, including live or multimedia performances
or showing of films or videos. It may include a bandstand, band shell,
stage or other shelter for performers, and seating or seating areas
for audiences, any of which may be permanent or temporary. This use
category does not include drive-in theaters.
[Added 4-22-2019 by Ord.
No. 2019-58]
For-profit or commercial enterprises engaged in the production
and transportation of goods or materials , generally manufactured
for sale. This term does not include the growing or dispensing of
medical marijuana by medical marijuana dispensaries, caregivers, or
patients.
[Amended 3-7-2005; 2-5-2018 by Ord. No. 2018-07; 9-12-2022 by Ord. No. 2022-105]
A building, structure or location where two or more modes
of transportation intersect, and passengers can transfer between modes.
[Added 4-22-2019 by Ord.
No. 2019-58]
A facility that meets the definition set forth in 30-A M.R.S.A.
§ 3752.
[Amended 6-7-2010 (effective as
of 3-24-2008)]
Grass, shrubs, trees, flowers, or other comparable surface
cover, and any existing vegetative land.
Required landscaping as a percentage of the base site area.
Liquid or solid materials, including solid wastes, sludge,
and agricultural wastes, that are capable of releasing water-borne
contaminants into the ground or existing water bodies.
A technical measure assessing the impact of traffic, generated
from new or expanded uses, on the transportation network.
A public and/or nonprofit facility in which literary, musical,
artistic or reference materials are kept for use but not normally
for sale. Community events and social services may also be offered.
A use engaged in the manufacture, predominately from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales,
and distribution of such products, but excluding basic industrial
processing. For the purpose of the Manufacturing District, light manufacturing
includes commercial kitchens or other food preparation operations.
This term does not include the growing or dispensing of medical marijuana
by medical marijuana dispensaries, caregivers, or patients.
[Added 3-18-2019 by Ord.
No. 2019-45; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. II)]
A parcel of land of at least sufficient size to conform to
minimum zoning requirements for use, coverage, and associated factors,
and to provide such yards and other open spaces as are herein required.
The lot must have the minimum lot frontage for its particular zoning
district fronting on a public or private right-of-way, and may consist
of:
[Amended 3-18-2019 by Ord. No. 2019-45]
A single lot of record;
A portion of lot of record;
A combination of lots of record, or portions of lots of record;
A parcel of land described by metes and bounds; or
A parcel of land divided by a private or public right-of-way,
provided that in the case of a subdivision or combination of lots,
no remaining lot or parcel shall be created which does not meet the
requirements of this chapter.
The horizontal, straight-line distance between the intersection
of the side lot lines with the road right-of-way of a publicly or
privately maintained road which is a commonly traveled thoroughfare
open to the public, but not including private driveways. Frontage
for lots fronting on a cul-de-sac shall be the straight line distance
between the intersection of the side lot lines with the right-of-way,
measured from a point equal to the required setback from the right-of-way
and parallel to the right-of-way.[7]
[Amended 3-7-2005; 11-17-2014; 3-18-2019 by Ord. No. 2019-45]
A parcel of land with ascertainable boundaries described in
a recorded deed which at the time of its recordation complied with
all applicable zoning requirements; or
[Amended 9-12-2022 by Ord. No. 2022-105]
A parcel of land shown on a subdivision plan approved by the
Planning Board and recorded at the Registry of Deeds.
[Added 9-12-2022 by Ord. No. 2022-105]
Adjacent lots owned by the same person are deemed to be separate
lots for the purpose of this chapter, provided that they were preexisting
lots prior to this chapter, and unless the owner chooses to legally
combine them in one deed.
The leaves, stems, flowers and seeds of all species of the
plant genus cannabis, whether growing or not.
[Added 6-4-2018 by Ord.
No. 2018-72]
A measure of the intensity of land use measured in square
feet by dividing the footprint of a building by the base site area.
Intensity of use measured in square feet by dividing building
footprint and impervious surface by the base site area.
A business engaged in the production of live or recorded
analog or digital media, including but not limited to podcast, radio,
television, or cablecasting, where there is no sale of retail goods.
[Amended 3-18-2019 by Ord. No. 2019-45]
A business engaged in the production of, or recording of,
sound where no broadcasting is permitted and where sale of retail
goods is secondary to the business.
Medical, diagnostic and/or surgical care focused on research,
diagnosis, treatment and rehabilitation of injury, illness, disease
and/or chronic conditions on a primarily outpatient basis. Such use
may include training facilities, pharmacies and ambulatory services,
including, but not limited to, surgery, and can be provided by one
or more owners or operators.
[Added 5-3-2021 by Order
No. 2021-33]
Marijuana that is acquired, possessed, cultivated, manufactured,
used, delivered, transferred or transported to treat or alleviate
a qualifying patient's debilitating medical condition as defined by
state law or symptoms associated with the qualifying patient's debilitating
medical condition.
[Added 2-5-2018 by Ord.
No. 2018-07]
A person, licensed hospice provider or licensed nursing facility
that is designated by a qualifying patient to assist the qualifying
patient with the medical use of marijuana in accordance with state
law. A person who is a medical marijuana caregiver must be at least
21 years of age and may not have been convicted of a disqualifying
drug offense as defined by state law.
[Added 2-5-2018 by Ord.
No. 2018-07]
An enclosed, locked facility used for cultivating, processing,
and/or storing medical marijuana by one or more medical marijuana
caregivers at a location which is not the medical marijuana caregiver's
residence or his or her patient's residence. This shall be considered
a commercial land use.
[Added 2-5-2018 by Ord.
No. 2018-07]
A not-for-profit entity registered pursuant to state law
that acquires, possesses, cultivates, manufactures, delivers, transfers,
transports, sells, supplies or dispenses marijuana or related supplies
and educational materials to qualifying patients and the primary caregivers
of those patients. Note that a dispensary may be either a single facility
or it may be divided into two separate but related facilities where
growing is done at only one of the facilities. This shall be considered
a commercial land use.
[Added 2-5-2018 by Ord.
No. 2018-07]
Cultivating, processing and/or storing of medical marijuana
by a qualifying patient at his or her own residence or a medical marijuana
caregiver at his or her own residence for use by a qualifying patient.
This use shall be considered an accessory land use.
[Added 2-5-2018 by Ord.
No. 2018-07]
General medical services, including, but not limited to,
dental, psychiatric, physical therapy or chiropractic for outpatient
care only, but not including the sale of drugs. This term does not
include the growing or dispensing of medical marijuana by medical
marijuana dispensaries, caregivers, or patients.[8]
[Amended 3-7-2005; 2-5-2018 by Ord. No. 2018-07; 5-3-2021 by Order No. 2021-33]
See 30-A M.R.S.A. § 4358, Subsection 3 (mobile
homes) and subsequent amendments.
[Amended 11-17-2014]
Any City facility provided to meet a municipal need. A municipal facility must meet district performance standards and is subject to the site plan review process in Article XIII of this chapter.
A building having public significance due to its architecture
or former use or occupancy or a building serving as a repository for
a collection of lasting interest or value arranged, intended and designed
to be used by members of the public for viewing with or without an
admission charge. This term includes aquariums.
[Amended 3-18-2019 by Ord. No. 2019-45]
A commercial enterprise engaged in the production, preparation
and sale of staple foodstuffs and household supplies having not more
than 3,000 square feet of total floor space. In permitting a neighborhood
grocery, the Code Enforcement Officer shall determine if the facility
has adequate parking (on or off site), is screened from residential
neighbors, has screened exterior storage, meets minimum sign requirements
and does not create negative traffic impacts.
[Amended 3-18-2019 by Ord. No. 2019-45]
The net area of any site suitable for residential development.
The net residential density shall be determined by subtracting the
unusable land defined in this section from the gross acreage of the
site.
Cluster subdivisions. In the case of cluster subdivisions, buildable
land dedicated as open space may be used in determining the net residential
density of the site.
Site plan. In the case of projects in the site plan review process,
buildable land dedicated as open space may be used in calculating
the net residential density of the site.
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 in which it is located.
[Added 11-4-2019 by Ord.
No. 2019-172; amended 9-12-2022 by Ord. No. 2022-105]
Any sign that was lawful prior to the adoption, amendment,
or revision of this chapter but that does not conform to the current
requirements of this chapter.
[Added 8-3-2020 by Ord.
No. 2020-78]
A structure which does not meet the standards of the district
in which it is located, but which is allowed solely because it was
in lawful existence at the time this chapter or subsequent amendments
took effect.
[Added 11-4-2019 by Ord.
No. 2019-172]
A 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.
[Added 11-4-2019 by Ord.
No. 2019-172]
That line on the shore at tidal waters reached by the shoreward
limit of the rise of the median tides between the spring and the neap.
That line on the shore and banks of nontidal waters which
is apparent because of the contiguous different character of the soil
or vegetation due to the prolonged action of the water.
A facility which provides nursing care and related medical
services on a twenty-four-hour-per-day basis to individuals due to
illness, disease, physical infirmity or behavioral health disorder
where an individual's needs do not require hospital care. For the
purposes of this chapter, a nursing home shall include only those
facilities which have been certified, or which will be certified prior
to the issuance of any use permits, by the State of Maine Department
of Health and Human Services as meeting all licensing and operation
regulations for skilled nursing facilities or intermediate care facilities.
[Amended 5-15-2023 by Ord. No. 2023-53]
A surface lot, multistory building or structure or a portion
thereof in which motor vehicles or equipment is housed. Parking facilities
may be public or private, but may not be used for commercial repair,
sale or lease of motor vehicles.
[Amended 3-18-2019 by Ord. No. 2019-45]
A structure in which the principal use of the lot on which
it is located is conducted, or intended to be conducted.
The primary purpose for which land is used or intended to
be used.
A nonmunicipal indoor or outdoor recreation or fitness facility,
not including water slides, outdoor amusement centers, spectator sports
facilities, race tracks, or other similar facilities.
[Amended 3-18-2019 by Ord. No. 2019-45]
A privately owned and maintained right-of-way meeting the City's street construction standards as set forth in Article XII, Review of Private Ways, and Article XIII, Subdivision and Site Plan Review (regardless of whether the lots being served are part of a subdivision).
[Amended 8-6-2012; 9-10-2018 by Ord. No. 2018-121]
A person who has been diagnosed by a medical provider as
having a debilitating medical condition and who possesses a valid
written certification regarding medical use of marijuana in accordance
with 22 M.R.S.A. § 2423-B.
[Added 2-5-2018 by Ord.
No. 2018-07]
Any person or business offering to pay the refund value of
an empty beverage container to a redeemer, or any person who contracts
with one or more dealers or distributors to collect, sort and obtain
the refund value and handling fee of empty beverage containers for,
or on behalf of, such dealer or distributor.
[Added 1-6-2020 by Ord.
No. 2019-194]
A laboratory or similar facility for investigation into the
natural, physical or social sciences, which may include engineering
and product development. Such use may not involve the mass manufacturing,
fabrication, processing or sale of products. This term does not include
the growing, dispensing or manufacturing of medical marijuana by medical
marijuana dispensaries, caregivers, or patients.
[Amended 6-7-2010; 3-24-2008; 3-18-2019 by Ord. No. 2019-45]
Maximum number of dwelling units allowed on a lot, subject
to dimensional requirements, as measured in square feet per unit (base
density).
[Amended 12-4-2023 by Ord. No. 2023-127]
A restaurant whose principal business is the sale of food
or beverages ready to consume where a drive-in window is permitted.
A restaurant where a drive-in window is not permitted, where
food is the primary product and is served on the premises, and where
alcoholic beverages may be served.
Bars, bottle clubs, pubs, clubs, lounges, taverns, and other
premises whose primary purpose is the sale or consumption of spirits,
wine or malt liquor to be consumed on-premises. Typically, in serving
primarily spirits, any such establishment offers few or limited food
options. This term includes that portion of any restaurant where a
room(s) is maintained separate from the main restaurant space, in
which full-course meals are not regularly served and where alcoholic
beverages are sold at tables, booths, and counters and where the primary
purpose of the separate room is for the sale of said spirits.
A business whose principal use is the retail sale of consumer
goods, except for those listed in Retail Class 2 and Retail Class
3.
[Amended 11-17-2014]
A business that is primarily agricultural in nature, selling
goods, products, and services which are essential to the economic
vitality of the farm.
A business whose principal use is the wholesale or retail
sale of building materials, including, but not limited to, hardware,
lawn and garden, fuel products other than gasoline, and small engine
and appliance repair.
A business whose principal use is the retail sale of fuel
with or without the retail sale of goods (e.g. Cumberland Farms, Big
Apple).
[Amended 11-17-2014]
Either an existing City street, accepted and maintained by the City of Westbrook, an existing full-access state road, a private way owned in fee simple, or a proposed way within a previously platted subdivision that has been brought up to the standards for either a public street or private way in § 335-13.3G(3) and thus established for the purposes of providing access and creating a front lot line. A private right-of-way shall be left as such unless the owner of that private right-of-way brings it to the level of City standards and the City Council votes to accept the private way as public. In building the private way, the minimum standards for the construction of the gravel base of a public road shall be used.
[Amended 3-7-2005]
A free-flowing body of water from a point providing drainage
for a watershed of 25 square miles to its mouth.
A business whose principal use is the provision of services
on a fee or contract basis. This term does not include automobile
repair service. This term does not include the growing or dispensing
of medical marijuana by medical marijuana dispensaries, caregivers,
or patients.
[Amended 2-5-2018 by Ord.
No. 2018-07; 8-20-2018 by Ord. No. 2018-97]
A facility that provides nursing care, including related
medical and/or psychiatric services, on a twenty-four-hour-per-day
basis for no more than 45 consecutive days to individuals due to illness,
disease, physical infirmity, or behavioral health disorder where an
individual's needs do not require hospital care. A short-term care
facility shall be certified or licensed by the State of Maine prior
to occupancy of the facility.
[Added 5-15-2023 by Ord. No. 2023-53]
Any device, fixture, placard or structure that uses any color,
form, graphic, illumination, symbol or writing to advertise, announce
the purpose of, or identify the purpose of a person or entity, or
to communicate information of any kind to the public.
[Added 8-3-2020 by Ord.
No. 2020-78]
A solar photovoltaic cell, module or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for collection, inversion, storage, and distribution
of solar energy for electricity generation or transfer of stored heat.
Such system may be either freestanding or building mounted and may
include the following elements:
[Added 8-2-2021 by Order
No. 2021-73]
A solar energy system used to capture solar energy, convert
it to electrical energy, or thermal power, intended to supply the
electrical or thermal power to reduce the on-site consumption of utility
power or fuels by a principal commercial use on the same parcel. A
system shall not be designed to create additional power, but additional
power may result from on-site use that is less than the designed capacity.
[Added 8-2-2021 by Order
No. 2021-73]
A solar energy system principally used to capture solar energy,
convert it to electrical energy or thermal power and supply electrical
or thermal power for off-site use.
[Added 8-2-2021 by Order
No. 2021-73]
A solar energy system used to capture solar energy, convert
it to electrical energy, or thermal power, intended to supply the
electrical or thermal power to reduce on-site consumption of utility
power or fuels by the residential use. A system shall not be designed
to create additional power, but additional power may result from on-site
use that is less than the designed capacity.
[Added 8-2-2021 by Order
No. 2021-73]
Useless, unwanted, or discarded solid material with insufficient
liquid content to be free-flowing. This includes, but is not limited
to, rubbish, garbage, scrap materials, junk refuse, inert fill material,
recyclable goods, and landscape refuse. This definition does not including
septic tank sludge and agricultural waste.
See "conditional use."
Anything constructed or erected with a fixed location on
or in the ground, or attached to something having a fixed location
on or in the ground, including, but not limited to, buildings, mobile
homes, retaining walls, billboards, signs, piers and floats.
As defined in 30-A M.R.S.A. § 4401.
[Amended 11-17-2014;
at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A lot of record as defined by this chapter that was lawfully
established prior to the effective date of this chapter which does
not conform to one or more of the minimum lot size or dimensional
requirements of this chapter.
Any system of antennas, wires, poles, rods, reflecting devices,
or similar devices for the wireless transmission and reception of
voice or data, attached to the exterior of a building or structure.
[Amended 3-3-2014; 3-18-2019 by Ord. No. 2019-45]
Any structure designed and constructed primarily for the
purpose of supporting one or more telecommunications antenna, including
but not limited to monopoles, guyed towers, and lattice towers.
[Amended 3-3-2014]
A sign that is intended to be used for a brief period of
time and in compliance with the ordinance standards.
[Added 8-3-2020 by Ord.
No. 2020-78]
A building, or part of a building, used to show motion pictures
or for drama, dance, musical or other live performances.
The cutting and removal of trees from their growing site
and the attendant operation of cutting and skidding machinery, but
not the construction or creation of roads or the clearing of land
for approved construction.
An environmentally sensitive area which, if disturbed or
destroyed, can adversely affect unique ecological balances in the
environment. Although specific areas require a case-by-case analysis,
the following factors may be included in the determination of unusable
land:
Areas of slope in excess of 25%.
Areas of very poorly drained soils, experiencing year-round
water within 15 inches of the surface as identified by the most current
version of the Soil Survey: Cumberland County, Maine, Natural Resources
Conservation Service.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any area identified as a wetland. The wetland area has been
identified as having one or more critical purposes as determined by
a licensed soil scientist of the State of Maine during a site evaluation.
[Amended 3-18-2019 by Ord. No. 2019-45]
Any area within the 100-year flood boundary, as delineated on
the Flood Insurance Rate Map of the National Flood Insurance Program.
Unique wildlife areas as identified in the review process or
by the State of Maine's botanical or natural areas programs.
All facilities, public or private, related to the provision,
distribution, collection, transmission, or disposal of water, storm
sewage, sanitary sewage, oil, gas, heat, steam, power, information,
telecommunications and telephone cable.
[Amended 6-7-2010 (effective as
of 3-24-2008); 9-12-2022 by Ord. No. 2022-105]
A place where animals or pets are given medical or surgical
treatment and are cared for during the time of such treatment. Use
as a kennel shall be limited to short-time boarding and shall be only
incidental to such hospital use.
A public or private facility providing educational instruction
in skilled trades such as mechanics or carpentry.
[Amended 6-7-2010 (effective as
of 3-24-2008)]
A use engaged in the storage and transport of products manufactured
elsewhere. This term does not include the growing or dispensing of
medical marijuana by medical marijuana dispensaries, caregivers, or
patients.
[Amended 6-7-2010 (effective as
of 3-24-2008); 8-20-2018 by Ord. No. 2018-97]
A commercial recreation facility that features water play
areas, such as swimming pools, water slides, splash pads, and water
playgrounds, as well as areas for bathing and swimming.
[Added 4-22-2019 by Ord.
No. 2019-58]
A space which may be occupied only by steps into or out of
a principal structure, a fence, wall, or other yard accessories, landscaping
for screening purposes, and by a driveway.
The minimum space in which a primary or accessory structure
must be placed away from the appropriate lot line.
An open space extending the width of a lot, from sideline
to sideline, between the front lot line and the nearest part of a
building on the lot.
An open space in the rear of the yard extending the width
of a lot from sideline to sideline, between the rear lot line and
the nearest part of a building on the lot. A corner lot has no rear
yard.
An open space extending along a side line of a lot from the
front yard to the rear yard between the side line and the nearest
part of a building on the lot.
[2]
Editor's Note: The definition of "donor site," which immediately
followed this definition, was repealed 11-17-2014.
[3]
Editor's Note: See 10 M.R.S.A. § 9001 et seq.
[4]
Editor's Note: The definition of "elder apartment" which immediately
followed this definition was repealed 11-17-2014.
[5]
Editor's Note: The definition of "grocery store" which immediately
followed this definition was repealed 3-18-2019 by Ord. No. 2019-45.
[7]
Editor's Note: The definitions of "lot width," "manufacturing"
and "marine construction," which immediately followed this definition,
were repealed 3-18-2019 by Ord. No. 2019-45.
[8]
Editor's Note: The definition of "minimum lot width" which
immediately followed this definition was repealed 11-17-2014.
