[Amended 7-8-1996 by Ord.
No. 3-1996; 10-21-1996 by Ord. No. 6-1996; 2-10-1997 by Ord. No. 1-1997; 4-14-1997 by Ord. No. 2-1997; 3-8-1999 by Ord. No 3-1998; 12-10-2001 by Ord. No. 10-2001; 9-9-2002 by Ord. No. 1-2002; 9-13-2004 by Ord. No. 5-2004; 6-13-2005 by Ord. No. 4-2005; 7-11-2005 by Ord. No.
5-2005; 10-11-2005 by Ord. No. 6-2005; 3-12-2007 by Ord. No. 2-2007; 3-10-2008 by Ord. No. 1-2008; 9-8-2008 by Ord. No. 11-2007; 12-8-2008 by Ord. No. 3-2008; 12-8-2008 by Ord. No. 4-2008; 12-13-2010 by Ord. No. 1-2010; 6-14-2010 by Ord. No.
2-2010; 12-13-2010 by Ord. No. 7-2010; 4-11-2011 by Ord. No. 1-2011; 5-14-2012 by Ord. No. 3-2012; 7-9-2012 by Ord. 4-2012; 1-13-2014 by Ord. No. 4-2013; 1-13-2014 by Ord. No. 5-2013; 12-8-2014 by Ord. No. 7-2014; 6-8-2015 by Ord. No. 4-2015; 10-13-2015 by Ord. No. 5-2015; 10-13-2015 by Ord. No. 6-2015; 10-13-2015 by Ord. No. 7-2015; 10-13-2015 by Ord. No. 8-2015; 11-9-2015 by Ord. No. 11-2015; 1-11-2016 by Ord. No. 13-2015; 1-11-2016 by Ord. No. 14-2015; 1-11-2016 by Ord. No. 15-2015; 7-11-2016 by Ord. No. 5-2016; 8-8-2016 by Ord. No. 6-2016; 12-12-2016 by Ord.
No. 14-2016; 12-12-2016 by Ord. No. 15-2016]
As used in this chapter:
ACCESSORY SOLAR ENERGY SYSTEMS (ASES)
An area of land or other area used for a solar collection
system principally used to capture solar energy, convert it to electrical
energy or thermal power and supply electrical or thermal power: (a)
primarily; or (b) solely for on-site use. An accessory solar energy
system consists of one or more freestanding ground, or roof-mounted,
solar arrays or modules, or solar related equipment and is intended
to primarily reduce on-site consumption of utility power or fuels.
ASES's generally occupy 1,750 square feet of surface area or less
(equivalent to a rated nameplate capacity of less than 10 kW DC).
ASES only require an electrical permit.
ACCESSORY USE OR STRUCTURE
Use or structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal use or structure.
ADDITION
An extension or increase in floor area or height of a building
or structure.
AGRICULTURE
The production of plant and livestock products and the keeping and maintenance of Livestock for personal use, sale or lease. Plant production includes, but is not limited to, forages, grains, seeds, fruits, vegetables, ornamentals and/or greenhouse plants. The keeping and maintenance of livestock includes, but is not limited to, the keeping of dairy and ruminant animals (cows, beef, sheep, goats, alpacas, llamas); poultry (chickens, turkeys, ducks); and horses. The keeping and maintenance of livestock is limited to lots two or more acres in size, except as provided in Chapter
94, Article
II, Domesticated Chickens, of the Town Code. Agriculture does not include forest management and timber harvesting activities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
ALTERATION
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the means of egress; or
an enlargement, whether by extending on a side or by increasing in
height; or the moving from one location or position to another.
AREA
The area included within surrounding exterior walls (or exterior
walls and fire walls) exclusive of vent shafts and courts. Areas of
the building not provided with surrounding walls shall be included
in the building area if included within the horizontal projection
of the roof or floor area.
ARTERIAL STREET
A public street or highway used or intended to be used primarily
for fast or heavy through traffic. Arterial streets and highways shall
include freeways and expressways as well as arterial streets, highways,
and parkways.
AUTOMOBILE JUNK YARD, AUTOMOBILE GRAVEYARD, SALVAGE YARD
A yard, field or other place of storage for the following
items:
A.
Three or more unserviceable, discarded, worn-out, or junked
motor vehicles as defined by state law, not including temporary storage,
as defined by state law, by an establishment or place of business
engaged primarily in doing auto repair work for the purposes of rendering
a motor vehicle serviceable;
B.
Discarded, worn-out, or junk plumbing, heating supplies, household
appliances, and furniture;
C.
Discarded, scrap, junked lumber;
D.
Old or scrap copper, brass, rope, rags, batteries, paper trash,
rubber debris, waste, and all scrap iron, steel, and other scrap ferrous
or nonferrous material.
AUTOMOBILE SERVICE AND REPAIR
A business establishment engaged in general repair, engine
rebuilding, parts replacement, muffler replacement, oil and lube service,
brake service, auto glass, body repair, auto painting, car washing,
undercoating, motorcycle repair, recreational vehicle repair such
as snowmobiles, ATVs boat engines, and small engine repair such as
lawn mowers and similar lawn and garden equipment.
BASEMENT
That portion of any structure located partly below the average
adjoining lot grade.
BED AND BREAKFAST
A house, or portion thereof, where short term lodging rooms
and meals are provided. The operator of the bed-and-breakfast shall
live on the premises or in adjacent premises.
BILLBOARD
Either freestanding or attached to a building or the wall
of a building, the surface of which is available for hire of advertising
purposes.
BOARDING AND ROOMING HOUSE
Any residential structure where lodging or lodging and meals
are provided for compensation for a period of at least two weeks,
and where a family residing in the building acts as proprietor or
owner. There is no provision for cooking in any individual room.
BUILDING
Any three-dimensional enclosure, of any building materials,
of any space, for any use or occupancy. Building includes the word
structure unless the context unequivocally indicates otherwise.
BUILDING HEIGHT
Vertical measurement from a point on the ground at the mean
finish grade adjoining the foundation as calculated by averaging the
highest and lowest finished grade around the building or structure,
to the highest point of the building or structure. The highest point
shall exclude farm buildings components, flagpoles, chimneys, ventilators,
skylights, domes, water towers, bell towers, church spires, tanks,
or other building accessory features usually erected at a height greater
than the main roofs of a building, provided such accessory features
are not for human habitation. Maximum building height provisions in
this chapter shall not apply to structures such as transmission towers,
windmills, antennas, and similar structures having no floor area.
BUILDING SITE
The area occupied by a building or structure, including yards
and courts required for light and ventilation, and such areas that
are prescribed for access to the street.
BUILDING WIDTH
The horizontal distance between the outer edges of the living
area of the building as measured in a straight line parallel to the
lot frontage.
BULK OIL/FUEL STORAGE
Structures, buildings, and fuel storage facilities designed
for the storage of oil and gas for re-sale to retail fuel distributors.
CAMP SITE
A place designated to be used for a tent, trailer or recreational
vehicle in a campground.
CAMPGROUND
Land upon which one or more tents, trailers or recreational
vehicles are placed for temporary family recreational use on sites
arranged specifically for that purpose. Campgrounds include tenting
grounds, and trailer and recreational vehicle park sites.
CEMETERY
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including columbarium, crematories,
mausoleums, and mortuaries when operated in conjunction with and within
the boundaries of such cemetery.
CERTIFICATE OF OCCUPANCY
The certificate issued by the Code Enforcement Officer which
permits the use of a building in accordance with the approved plans
and specifications and which certifies compliance with the provisions
of law for the use and occupancy of the building in its several parts
together with any special stipulations or conditions of the building
permit.
CHANGE OF USE
An alteration by change of use in a building heretofore existing
to a new use group that imposes other special provisions of law governing
building construction, equipment or means of egress.
CHEMICAL MANUFACTURING AND STORAGE
A facility designed and used for the manufacturing and/or
storage of hazardous materials and chemicals as defined in Title 37-B,
M.R.S.A. § 791.
CHILD CARE CENTER
A private establishment providing day care for eight or more
children under the age of 16 which charges for the care of the children
and holds all legally required licenses and approvals.
CHILD CARE HOME
A private home providing day care for less than eight children
under the age of 16 which charges for the care of children and which
holds all legally required licenses and approvals.
CHURCH
A place of religious worship.
COMMERCIAL GREENHOUSE
The structures and land used to raise trees, shrubs, flowers,
and other plants for sale or for transplanting which may also include
associated retail or wholesale sales structures.
COMMUNITY CENTER
A place, structure, area or other facility used for and providing
religious, fraternal, social, and/or recreational programs generally
open to the public and designed to accommodate and serve significant
segments of the community.
COMPANION ANIMAL CARE CENTER
A residence where one cares for companion animals for an
owner, between the hours of 5:00 a.m. and 9:00 p.m. in one's home
(dwelling unit) or in a building or other structure accessory to one's
home (dwelling unit) as one would his/her own companion animal. Keeping
companion animals outside during the period from 6:01 p.m. and 5:59
a.m. shall be prohibited.
CONGREGATE HOUSING
A type of dwelling consisting of private living quarters
and that provides shared community space and shared dining facilities
and might also provide its residents with housekeeping services, personal
care and assistance, transportation assistance, recreational activities
and/or specialized services such as medical support.
CONVENIENCE STORE
A retail store containing less than 2,000 square feet of
gross floor area that is designed and stocked to sell primarily food,
beverages and other household supplies to customers who purchase only
a relatively few items (in contrast to a supermarket). It shall not
include retail fuel sales.
CORNER LOT
A lot abutting two or more streets at their intersections
provided that the corner of such intersection shall have an angle
of 135° or less measured on the lot side.
DWELLING
A building, modular home or portion thereof used exclusively
for residential occupancy, including one-family, two-family, and multifamily
dwellings; not including hotels, motels, lodging houses or boarding
homes. Dwelling includes the word "residence."
DWELLING MULTIFAMILY
A residence designed for or occupied by three or more families
with separate housekeeping and cooking facilities for each.
DWELLING TWO-FAMILY
A residence designed for or occupied by two families only,
with separate housekeeping and cooking facilities for each.
DWELLING UNIT
A room or suite of rooms used by one family as a habitation
which is separate from other rooms or suites of rooms and which contains
cooking facilities.
EFFICIENCY
A dwelling unit consisting of one principal room with no
separate sleeping room.
ESSENTIAL SERVICES
Services provided by public and private utilities necessary
for the exercise of the principal use or service of the principal
structure, and electric power transmission or distribution lines,
and related equipment. These services include underground, surface
or overhead gas, electrical, steam, water, sanitary sewers, stormwater
drains and accessories thereto such as poles, towers, wires, mains,
drains, vaults, culverts, laterals, sewers, pipes, catch basins, water
storage tanks, conduits, cables, fire alarm boxes, police call boxes,
traffic signals, pumps, lift stations, and hydrants, but not including
buildings.
EVENT VENUE
A public or privately owned structure or area used for the
purposes of public performances, special occasions and holding events.
[Added 2-26-2024 by Ord. No. 03-2024]
FAMILY
One or more persons occupying a premises and living as a
single housekeeping unit.
[Amended 4-11-2022 by Ord. No. 02-2022]
FARM STAND
A booth, stall or building located on a farm from which produce
and farm products are sold to the general public.
FARMERS MARKET
A public or private entity for farmers to provide a building
or open area in which stalls or sales areas are set aside or rented
and which are intended for use by its members to sell produce and
farm products.
FLOOR AREA NET
For the purpose of determining the number of persons for
whom exits are provided, net floor area shall be the actual occupied
area, not including accessory unoccupied areas or thickness of walls.
FORESTRY
Timber management and other forest evaluation or management
planning activities, cruising, pesticide or fertilizer application,
pruning and other stand improvement, timber harvesting, regeneration
of forest stands, and other similar associated activities.
FRONTAGE
The length of a lot bordering on a public or private street,
road or right-of-way shall mean the length in a straight line measured
between the intersections of the side lot lines.
FUNERAL HOME
A building or part thereof used for human funeral services.
Such building may contain space and facilities for the following:
embalming and the performance of other services used in the preparation
of the dead for burial; the performance of autopsies and other surgical
procedures; the storage of caskets, funeral urns, and other related
funeral supplies; and the storage of funeral vehicles but shall not
include facilities for cremation. Where a funeral home is permitted,
a funeral chapel shall also be permitted.
GARAGE, PRIVATE
Any garage for four or less passenger motor vehicles without
provision for repairing or servicing such vehicles for profit.
GOLF COURSE
A tract of land for playing golf, improved with tees, greens,
fairways, and hazards, and which may include clubhouses and shelters.
GOVERNMENT BUILDINGS
Any structure or building necessary for the administrative
and service functions of state and federal government. This does not
include utilities which are defined in this section.
GRADE
A reference plane representing the average finished ground
level adjoining the building at all exterior walls. When the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, when the lot line is more than six
feet from the building, between the building and a point six feet
from the building.
HABITABLE SPACE
Space in a structure for living, sleeping, eating, or cooking.
Bathrooms, toilet, compartments, closets, halls, storage or utility
spaces and similar areas are not considered habitable space.
HEAVY INDUSTRIAL
Industrial activity which involves the basic processing and
manufacturing of materials or products predominately from extracted
or raw materials, or activity involving the storage of, or manufacturing
processes using flammable or explosive processes that potentially
involve hazardous or commonly recognized offensive conditions. Heavy
industrial uses shall include steel fabrication, and paper production.
HEIGHT, COURT
The vertical distance from the lowest level of the court
to the mean height of the top of the enclosing walls.
HEIGHT, STORY
The vertical distance from top to top of two successive tiers
of beams or finished floor surfaces; and, the topmost story, from
the top of the floor finish to the top of the ceiling joist, or, when
there is not a ceiling, to the top of the roof rafters.
HEIGHT, WALL
The vertical distance from the foundation wall or other immediate
support of such wall to the top of the wall.
HISTORIC AND ARCHEOLOGICAL SITES
Characteristics: any site, building, group of buildings,
structure or object may be designated for preservation as a historic
property, landmark or district if it meets one or more of the criteria
established for inclusion in the National Register of Historic Places,
which are as follows:
The quality of significance in American history, architecture,
archeology, engineering and culture on the local, state and national
levels is present in district, sites, buildings, structures, and objects
that possess integrity of location, design, setting, materials, workmanship,
feeling, and association, and:
A.
That are associated with events that have made a significant
contribution to the broad patterns of our history; or
B.
Are associated with the lives of persons significant in our
past; or
C.
That embody the distinctive characteristics of a type, period
or method of construction, or that represent the work of a master,
or that possess high artistic values, or that represent a significant
and distinguishable entity whose components may lack individual distinction;
or
D.
That have yielded, or may be likely to yield information important
in prehistory or history. Ordinarily, cemeteries, birthplaces, or
graves of historic figures, properties owned by religious institutions
or used for religious purposes, structures that have been moved from
their original locations, reconstructed historic buildings, properties
primarily commemorative in nature and properties that have achieved
significance within the past 50 years shall not be considered eligible
for the National Register. However, such properties will qualify if
they are integral parts of a district that do not meet the criteria
or if they fall within the following categories:
(1)
A religious property deriving primary significance from architectural
artistic distinction of historic importance; or
(2)
A building or structure removed from its original location but
which is significant primarily for architectural value, or which is
the surviving structure most importantly associated with a historic
person or event; or
(3)
A birthplace or grave of a historical figure of outstanding
importance if there is no other appropriate site or building directly
associated with productive life; or
(4)
A cemetery that derives its primary significance from graves
of persons of transcendent importance, from age, from distinctive
design features or from association with historic events; or
(5)
A reconstructed building when accurately executed in a suitable
environment and presented in a dignified manner as part of a restoration
master plan, and when no other building or structure with the same
association has survived; or
(6)
A property primarily commemorative in intent if design, age,
tradition, or symbolic value has invested it with its own historical
significance; or
(7)
A property achieving significance within the past 50 years if
it is of exceptional importance.
HOME OCCUPATION
An occupation or profession which is carried on in a dwelling
unit or in a building or other structure accessory to a dwelling unit;
carried on by a member of the family permanently residing in the dwelling
unit; clearly incidental and secondary to the use of the dwelling
unit for residential purposes; and which does not change the essential
residential character of the dwelling unit or neighborhood.
HOME OCCUPATION MINOR
A type of home occupation that has a low impact on the residential
character of a dwelling and neighborhood and conforms to specific
performance standards contained in this chapter.
HOSPITAL
An institution providing health care services primarily for
human in-patient medical or surgical care for the sick or injured
and including related facilities such as laboratories, outpatient
departments, training facilities, central services facilities and
staff offices that are an integral part of the facilities.
HOTEL/MOTEL
A building in which lodging or meals and lodging are offered
to the general public for compensation on a short term basis. The
use may include such accessory services and facilities as newsstands,
personal grooming facilities, restaurants, and recreational facilities.
INDOOR RECREATION
A recreation facility designed and equipped for the conduct
of sports, leisure time activities, performances and other customary
recreation activities which take place indoors. Activities include
but are not limited to amusement arcades, gyms, health clubs, theaters,
and bowling alleys. Restaurants that are incidental to the primary
recreational use of the structure are also allowed.
JURISDICTION
The governmental unit which has adopted this code under due
legislative authority.
KENNEL
An establishment, other than a companion animal care center
housing dogs, cats, or other household pets and where grooming, breeding,
boarding, training, or selling of animals is conducted as a business.
LABORATORIES
A building or group of buildings in which are located facilities
for scientific research, investigation, testing or experimentation,
but not facilities for the manufacture or sale or products, except
as incidental to the main purpose of the laboratory.
LIGHT MANUFACTURING
A use engaged in the manufacture, predominantly 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.
LIVING AREA
The total living area bounded by the exterior walls of a
building at the front levels, but not including unfinished basements,
utility rooms, garages, porches, breezeways, and unfinished attics.
LOADING AREA
A completely off-street space or berth on the same lot for
the loading or unloading of freight carriers having adequate ingress
and egress to a public street or alley.
LOT
A parcel of land of at least sufficient size to meet minimum
zoning requirements for use, coverage and area, and to provide such
yards and other open space as are herein required. The word lot includes
the words "plot" or "parcel."
LOT WIDTH
The width of a parcel of land measured at the street right-of-way
equal to the specified street yard distance. The lot width shall not
include any part of the lot for which a right-of-way has been granted
which denies to the owner the right of exclusive use of the ground
surface of such right-of-way for pedestrian or motor vehicle use or
otherwise, or which interest in such right-of-way the owner has transferred
to another, either fully or partially.
MANUFACTURED HOUSING
A structural unit or units designed for occupancy and constructed
in a manufacturing facility and transported, by the use of its own
chassis or an independent chassis, to a building site. The term includes
any type of building that is constructed at a manufacturing facility
and transported to a building site where it is used for housing and
may be purchased or sold by a dealer in the interim.
MINERAL EXTRACTION
Any operation within any twelve-month period which removes
more than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay,
rock, peat, or other like material from its natural location and transport,
the product removed, away from the extraction site.
MINOR STRUCTURE
Any small, movable accessory erection or construction such
as birdhouses, tool houses, pet houses, play equipment, arbors, and
walls and fences under six feet in height.
MOBILE HOME
A structure transportable in one or more sections, that in
the traveling mode are 14 body feet or more in width and are 750 or
more square feet, and that are built on a permanent chassis and to
be used as a dwelling, with permanent foundations, with tie-downs,
when connected to the required utilities including the plumbing, heating,
air conditioning, or electrical systems contained in the unit. The
structure complies with the National Manufactured Housing Construction
and Safety Standards Act of 1974, United States Code, Title 42, Chapter
70. Units constructed after June 15, 1976, are deemed to meet these
standards. Units constructed prior to June 15, 1976, shall be modified
or renovated as necessary in order to comply with these standards.
MOBILE HOME PARK
A parcel of land under unified ownership approved by the
municipality for the placement of three or more mobile homes.
MODULAR HOME
Manufactured housing unit constructed in compliance with
M.R.S.A. Title 10, Chapter 951, and rules adopted under that chapter,
meaning a structure, transportable in one or more sections, that are
not constructed on a permanent chassis and are designed to be used
as a dwelling of a foundation when connected to required utilities,
including the plumbing, heating, air-conditioning or electrical systems
contained in the unit.
MUNICIPAL FACILITY
Any land, building, or structure necessary for the administration
and service function of the Town of Winslow.
NEWER MOBILE HOME
Manufactured housing unit constructed after June 15, 1976,
that the manufacturer certifies is constructed in compliance with
the United States Department of Housing and Urban Development standards,
meaning a structure transportable in one or more sections, that in
the traveling mode is 14 body feet or more in width and is 750 or
more square feet, and that is 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 or electrical systems contained in the unit.
NIGHTCLUB
A commercial establishment dispensing alcoholic beverages
for consumption on the premises and in which dancing or other entertainment
may be provided.
NONCONFORMING USES OR STRUCTURES
Any structure, land, or water lawfully used, occupied, or
erected at the time of the effective date of this chapter or amendments
thereto which does not conform to the regulations of this chapter
or amendments thereto. Any such structure conforming in respect to
the use but not in respect to frontage, width, height area, yard,
parking, loading, or distance requirements shall be considered a nonconforming
structure and not a nonconforming use.
NORMAL REPAIRS
Usual or regular maintenance of decayed or damaged property
such as: window frame replacement, siding replacement, roofing, re-shingling,
etc.
NURSING HOME
Any dwelling in which three or more aged, chronically ill,
or incurable persons are housed and furnished with meals and nursing
care for compensation.
OCCUPANCY
The purpose for which a building, or part thereof, is used
or intended to be used.
OCCUPIED
As applied to a building, shall be construed as though followed
by the words "or intended, arranged or designed to be occupied."
OUTDOOR RECREATION
A commercial recreation facility designed and equipped for
the conduct of sports, leisure time activities, and other customary
and usual recreational activities which take place predominately in
the outdoors. Activities include, but are not limited to, golf driving
ranges, miniature golf, amusement parks, and swimming pools. This
includes any accessory structures such as rest rooms, storage, and
other buildings necessary to operate the facility.
OWNER
Any person, agent, firm, or corporation having a legal or
equity interest in the property.
PARKING LOT
An area or structure where the parking of motor vehicles,
trucks, and trailers is the primary use.
PARKING SPACE, OFF-ROAD
An off-street parking space comprises not less than 180 square
feet of parking stall plus maneuvering space. Space for maneuvering
incidental to parking or un-parking shall not encroach upon any public
way. Every off-street parking space shall be accessible from a public
way.
PARKS AND PLAYGROUNDS
Non-commercially operated recreation facilities open to the
general public including, but not limited to, playgrounds, parks,
monuments, green strips, open space, mini-parks, athletic fields,
boat launching ramps, piers, docks, picnic grounds, swimming pools,
and wildlife and nature preserves, along with any necessary accessory
facilities, rest rooms, bath houses, and the maintenance of such land
and facilities.
PASSIVE RECREATION
Outdoor recreational activities which involve no structural
or mechanical components or facilities, such as hiking, fishing, hunting,
etc.
PERMANENT OUTSIDE STORAGE
The presence of any item of personal property outside of
a building more than 30 days after being placed there. The time limitation
also applies to items of personal property such as gravel piles or
building materials that are removed and then replaced with similar
items. The term does not include motor vehicles with current registration
and inspection, equipment upon which payment of excise tax is current
or items taxed as personal property.
PERMIT
An official document or certificate issued by the Code Enforcement
Officer which authorizes performance of a specified activity.
PERSON
Includes a corporation or co-partnership as well as individual.
PHARMACEUTICAL
A building or group of buildings used for the manufacture
of drugs or medicine and which may also include laboratories.
POSTED USE AND OCCUPANCY
The posted classification of a building in respect to use,
fire grading, floor load and occupant load.
PRINCIPAL BUILDING
The building occupied by the chief use or principal use on
the premises.
PRINCIPAL SOLAR ENERGY SYSTEMS (PSES)
An area of land or other area used for a solar collection
system principally used to capture solar energy, convert it to electrical
energy or thermal power and supply electrical or thermal power primarily
for off-site use. Principal solar energy systems consist of one or
more freestanding ground, or roof-mounted, solar collector devices,
solar related equipment and other accessory structures and buildings
including light reflectors, concentrators, and heat exchangers; substations;
electrical infrastructure; transmission lines and other appurtenant
structures.
PRINTING
A use that provides duplicating services using digital equipment,
photocopy, blueprint, and offset printing equipment directly to business
and commercial customers and does not include retail sales. Retail
printing and photocopy services provided directly to the consumer
shall be considered as a service store and business.
PROFESSIONAL OFFICE
The place of business of doctors, lawyers, accountants, financial
advisors, architects, surveyors, real estate, insurance, doctors,
psychiatrists, counselors, engineers and the like, or in which a business
conducts its administrative, financial or clerical operations including
banks and other financial services and consists of less than 2,000
square feet of floor area.
PROFESSIONAL OFFICE COMPLEX
The place of business of doctors, lawyers, accountants, financial
advisors, architects, surveyors, real estate, insurance, doctors,
psychiatrists, counselors, engineers and the like, or in which a business
conducts its administrative, financial or clerical operations including
banks and other financial services and consists of more than 2,000
square feet of floor area.
PUBLIC WAY
Any street, alley or other parcel of land open to the outside
air leading to public street; deeded, dedicated, or otherwise permanently
appropriated to the public for public use and having a clear width
of not less than 10 feet.
REUSE OF AGRICULTURAL STRUCTURES
The use of existing agricultural structures such as barns,
dairy barns, chicken barns and other similar structures for low-intensity
light manufacturing or warehousing.
REAR YARD
A yard extending across the lot width which shall be the
minimum horizontal distance between the rear lot line and a line parallel
thereto through the nearest point of the principal structure. The
yard shall be opposite the street yard or one of the street yards
on a corner lot. All construction, structures and uses of land including
all accessory uses and structures except minor structures, must comply
with all yard requirements, including all street, rear and side yard
requirements of each zoning district.
RECYCLING CENTER
A facility/building where recyclable solid waste material,
including tires, are brought for processing (sorting, bailing, densifying,
etc.) in return for sale or disposition to a broker or company that
will further process the material into a reusable product. Note: A
recycling facility does not include a junk yard for automobiles or
a composting operation, but it may include a bottle redemption and
can redemption center.
REDEMPTION CENTER
A facility where persons may return bottles and cans or other
such containers as identified in the "Maine Bottle Bill" and for which
a deposit on the container may be redeemed in exchange for delivery
of the containers. A redemption center may be operated in conjunction
with other retail activities.
REPAIR
The reconstruction or renewal of any part of an existing
building for the purposes of its maintenance.
RESTAURANT
An establishment where food and drink are prepared and served
to the public for consumption and compensation. The facility is designed
primarily for the consumption of meals on the premises.
RESTAURANT, FAST-FOOD
A business involving the preparation and serving of meals
for consumption on the premises or off the premises, normally requiring
short amounts of time between the period of ordering and serving of
the meal which is served in edible or disposable containers. Drive-in
service is usually but not always offered for the public.
RETAIL
The sale to the ultimate consumer for direct consumption
and not for resale.
RETAIL FUEL SALES
The buildings, structures and appurtenances, including fuel
storage and delivery systems, required for the retail sale of petroleum
products, including propane, gasoline and diesel fuel, directly to
the consumer; in addition, food and convenience items may be stocked
for retail sale.
RETAIL STORE
A retail and/or service store or business that consists of
more than 2,000 square feet of floor area.
ROAD
A route or track consisting of a bed of exposed mineral soil,
gravel, asphalt, or other material constructed for or created by the
repeated passage of motorized vehicles.
ROOF
The roof slab or deck with its supporting members, not including
vertical supports.
SCHOOL, COMMERCIAL
An institution for education or instruction that does not
comply with the definition as a public and private school and may
include but is not limited to the following: post secondary, dancing,
music, driving, business, and correspondence.
SCHOOL, PUBLIC AND PRIVATE
Primary and secondary schools or parochial schools, which
satisfy either of the following requirements: the school is not operated
for profit or as a gainful business; or the school teaches courses
of study which are sufficient to qualify attendance in compliance
with State Compulsory Education Requirements.
SEASONAL USE
The occupation of a lot or dwelling for residential purposes
only during any time between April 1 and December 1.
SERVICE STORE AND BUSINESS
A commercial use in which the principal source of income
is the provision of labor for compensation. The term shall include
professional as well as contracted services and shall include, but
is not limited to, the following: barbershop, beauty salon, repair,
film processing, and printing. The term does not include automobile
service and repair, truck and heavy equipment repair, and vehicle
sales.
SETBACKS
Unless otherwise stated, a structure setback is the distance
as measured from the outer most limits or line of the imprint a structure,
including any projections associated with the structure, that would
be cast upon the ground, pier, dock or otherwise, as viewed from above
measured to the street, road or property line. Projections associated
with a structure shall include but are not limited to, attached or
detached decks, porches and roof overhangs normally associated with
a structure. Also included shall be any basement area projections
such as below grade basement entrances, rooms or storm shelters. Exceptions
are code compliant fire escape stairs, ramps, basement window wells,
landings and overhead weather protections (fire escape roofs) that
are not greater than the code required width. Also, exempt are rain
gutters, and the customary TV dish antennas, steps that are no more
than 36 inches in height and no more than 60 inches run or in length.
SIDE YARD
A yard lying between the side line of the lot and the nearest
line of the building and extending from the street yard to the rear
yard.
SIGN
Any object, device, fixture, placard, display, or structure,
or part thereof, that uses any color, form, graphic, illumination,
symbol, or writing to advertise, announce or identify the purpose
of a person or entity, or to communicate information of any kind to
the public.
SMALL STORE
A retail and/or service store or business consisting of less
than 2,000 square feet of floor space but not including retail fuel
sales and restaurants.
SOLAR ENERGY
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
SOLAR ENERGY SYSTEM
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.
A.
SOLAR ARRAYA grouping of multiple solar modules
with the purpose of harvesting solar energy.
B.
SOLAR CELLThe smallest basic solar electric device
which generates electricity when exposed to light.
C.
SOLAR MODULEA grouping of solar cells with the
purpose of harvesting solar energy.
SOLAR-RELATED EQUIPMENT
Items including a solar photovoltaic cell, module, or array,
or solar hot air or water collector device panels, lines, pumps, batteries,
mounting brackets, framing and possibly foundations or other structures
used or intended to be used for collection of solar energy.
STREET
The full width of the right-of-way of a public way or private
way open to travel by the general public, or a way shown on a plan
of subdivision duly approved by the Planning Board.
STREET YARD
A clear unoccupied space on the same lot with a building,
extending across the entire width of the lot and situated between
the front line of the building and the front line of the lot.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a structure such
as foundations, bearing walls, columns, beams, or girders.
STRUCTURE
Anything built or erected for the support, shelter or enclosure
of persons, animals, goods or property of any kind. Structures include
buildings, platforms, decks, mobile homes, billboards, carports, garages,
and piers. The term structures also includes anything constructed
or erected and having an ascertainable stationary location with a
fixed location on or in the ground or water. The term also includes
walls, fences over six feet in height, and dish-type satellite antennas.
[Amended 8-14-2017 by Ord. No. 8-2017]
SUBDIVISION
Shall be subject to the statutory definition contained in
Title 30-A, M.R.S.A. § 4401 et seq.
TIMBER HARVESTING
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. Timber harvesting does
not include the clearing the land for approved construction. Timber
harvesting does not include forest management activities such as timber
cruising and other forest resources evaluation activities, management
planning activities, insect and disease control, timber stand improvement,
pruning, regeneration of forest stands, and other similar associated
activities.
TIRES
A ring or band of rubber, either solid or hollow and inflated,
for placing over the rim of a wheel to provide traction, resistance
to wear etc.
USED or OCCUPIED
Includes the words intended, designed or arranged to be used
or occupied.
UTILITIES
Public and private facilities such as water wells, water
and sewage pumping stations, water storage tanks, power, cable television
and communication transmission lines, electrical power substations,
static transformer stations, telephone and telegraph exchanges, commercial
microwave radio relays, and gas regulation stations, including sewage
disposal plants, municipal incinerators, warehouses, shops and storage
yards.
VARIANCE
A relaxation of the terms of this chapter where such variances shall not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. A variance is authorized only for height, area and the size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or adjoining district. See §
300-22.
VEHICLE SALES
A business establishment engaged in the sales of automobiles,
boats, recreational vehicles, and mobile and/or manufactured homes
which are stored on the premise for sale.
VETERINARY CLINIC
A facility where animals or pets are given medical or surgical
treatment and the boarding of animals is short term and incidental
to the medical care.
WAREHOUSE
The storage, deposit or stocking of goods and materials,
but excluding retail or wholesale sales on the premises.
WRITING
Shall be construed to include handwriting, typewriting, printing,
photo offset, or any other form of reproduction in legible symbols
or characters.
WRITTEN NOTICE
A notification in writing delivered in person to the individual
or parties intended; or delivered at, or sent by certified or registered
mail to the last residential or business address of legal record.
YARD
An open space on the same lot with a structure, unoccupied
and unobstructed from the ground except for vegetation. The street
and rear yards extend the lot width. All construction, structures
and uses of land, including all accessory uses and structures except
minor structures, must comply with all yard requirements, including
all street, rear and side yard requirements for each zoning district.
YARD SALE
All general sales open to the public, conducted from or on
a residential premise for the purpose of disposing of personal property.
Yard sale includes garage sales, porch sales, tag sales, and the like.
If they occur on more than eight days within any twelve-month period,
they shall be considered to be retail activities and shall conform
to the applicable standards contained in this chapter. Yard sales
are allowed in all zoning districts without a permit.
ZONING
The reservation of certain specified areas within a Town
or city for building and structures, or the use of land for certain
purposes with other limitations such as height, lot coverage and other
stipulated requirements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]