[Amended 4-27-2010 by Order 10-075; 9-14-2010 by Order 10-164; 2-14-2012 by Order 12-014; 10-23-2012 by Order 12-148; 10-23-2012 by Order 12-149; 7-8-2014 by Order 14-164; 10-14-2014 by Order 14-387; 11-18-2014 by Order 14-463; 12-16-2014 by Order 14-491; 3-28-2017 by Order 17-052; 9-12-2017 by Order 17-160; 10-10-2017 by Order 17-161; 6-12-2018 by Order 18-099; 1-15-2019 by Order 18-257; 6-11-2019 by Order 19-057; 5-26-2020 by Order 20-048; 8-11-2020 by Order 20-151; 10-13-2020 by Order 20-211; 4-12-2022 by Order No. 22-062; 6-16-2022 by Order No. 22-108; 10-11-2022 by Order No. 22-175; 3-28-2023 by Order No. 23-041; 4-25-2023 by Order No. 23-060; 8-15-2023 by Order No. 23-149; 8-15-2023 by Order No. 23-150; 4-9-2024 by Order No. 24-018; 5-14-2024 by Order No. 24-052; 8-20-2024 by Order No. 24-165; 1-14-2025 by Order No. 25-001; 1-14-2025 by Order No. 25-002; 4-29-2025 by Order No. 25-043; 5-27-2025 by Order No. 25-090; 1-27-2026 by Order No. 26-009]
In this chapter, the following terms shall have the following meaning unless a contrary meaning is required by the text or is specifically prescribed. In addition to the following definitions, performance standards regulating specified land uses should be reviewed in the district standards for each zoning district (Article 4) and the performance standards (Article 5) that apply to all zoning districts in the Town.
A lot of land currently listed by the Windham Tax Assessor, having a common border with or being separated from such a common border by a right-of-way or easement, or another lot of land currently listed by the Windham Tax Assessor. For the purposes of this chapter, the owners of properties shall be considered to be those parties currently listed by the Windham Tax Assessor against whom taxes are assessed.
An independent dwelling unit that has been added onto, or created within, a single-family detached dwelling or accessory building to a single-family detached dwelling.
See definition of "building, accessory."
See definition of "use, accessory."
Any device capable of showing, by audio or visual reproduction, projection or otherwise, and used primarily to display materials containing details, descriptions or narrative accounts of acts of sexual stimulation, intercourse or deviation, the dominant theme of which is an appeal to the prurient interest of the listener or viewer within a cubicle or other enclosed area.
Any retail business, including but not limited to any bookstore, newsstand, novelty store, nightclub, bar, cabaret, amusement arcade or theater, which:
Keeps for public patronage or permits or allows the operation of any adult amusement device as defined in this section.
Customarily exhibits motion pictures or displays any other visual representation described or advertised as being X-rated or for adults only or which customarily excludes persons from any portion of the premises by reason of immaturity of age by the use of such or similar phrases.
Maintains a substantial inventory of sexually oriented or sexually explicit materials.
Customarily provides entertainment primarily involved with the explicit depiction or description of sexual intercourse or sexual acts (as defined in 17-A M.R.S.A. § 251).
A facility licensed under 28-B M.R.S.A. Chapter 1 to purchase adult use marijuana, immature marijuana plants and seedlings from a cultivation facility, to purchase adult use marijuana and adult use marijuana products from a manufacturing facility and to sell adult use marijuana, adult use marijuana products, immature marijuana plants and seedlings to consumers.
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 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; 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.
The production, storage, keeping, harvesting, grading, packaging, processing, boarding, or maintenance, for sale, lease, or personal use, of plants and animals useful to humans, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest berries; vegetables; nursery, floral, ornamental, and greenhouse products. Agriculture does not include forestry or sawmills, as defined in this chapter. (See Article 5, Performance Standards.)
A premises, area, fenced enclosure, building or structure, or portion thereof, used or designed for the keeping of pigs. (See Article 5, Performance Standards.)
A premises, area, fenced enclosure, building or structure, or portion thereof, used or designed for the keeping of poultry or fowl. (See Article 5, Performance Standards.)
Any structure or device used for the purpose of wirelessly transmitting or receiving electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), or wireless telecommunication signals, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whip antennas.
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.
The land in the floodplain having a 1% or greater chance of flooding in any given year, as specifically identified by the Federal Emergency Management Agency in a report entitled "Flood Insurance Study — Town of Windham, Maine, Cumberland County."
See definition of "street classification," Subsection A, Arterial street.
A place of work for an artist, artisan, or craftsperson, including persons engaged in the application, teaching, or performance of fine arts, such as, but not limited to, drawing, vocal or instrumental music, painting, sculpture, writing, woodworking, sewing, and saw sharpening.
Residences for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation.
A place where objects or art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other.
A motor vehicle designed for the conveyance of passengers that has a seating capacity of not more than 15 persons, including the operator.
Any parcel of land, building or other premises, or portion thereof, which is used for the temporary storage of whole, wrecked automobiles that are offered for sale by an automobile auction business. This use does not include automobile graveyards, automobile recycling businesses or junkyards, as defined according to 30-A M.R.S.A. § 3752, as amended from time to time.
Any building, land area, or other premises, or portion thereof used for the retail dispensing or sales of vehicular fuels and as an accessory use the sale of lubricants, tires, batteries, and similar vehicle accessories. The sale of additional items or services on the same site must also be allowed by the applicable zoning district(s). (See definitions of "retail sales, minimart"; "automobile repair services.")
An "automobile graveyard" shall be defined according to 30-A M.R.S.A. § 3752, as amended from time to time.
Establishments primarily engaged in the maintenance and repair of passenger vehicles, pickup trucks, all classes of commercial trucks and similar vehicles. The type of work typically provided includes, but is not limited to, engine tune-ups and overhauls, transmission repairs, glass repair and replacement, oil changes, tire repairs and replacement, brake and muffler work, bodywork, painting and diagnostic tune-ups. (See Article 5, Performance Standards, and definition of "small engine repair.")
See "retail sales, automobile sales."
A parcel of land, building, or facility that is used for the temporary storage of wrecked, towed or impounded motor vehicles usually awaiting insurance adjustments, reclamation by titleholders or their agents, or transport to a repair shop. (See Article 5, Performance Standards.)
See definition of "lot, backlot."
A bank or similar financial institution.
The flood having a 1% chance of being equaled or exceeded in any given year, commonly called the "100-year flood."
Overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. (See Article 5, Performance Standards.)
A parcel or parcels of land surrounded by streets.
A group home for the sheltered care of persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation. This definition does not include facilities for the treatment of substance abuse. (See Article 5, Performance Standards.)
A combination of physical space and vertical elements, such as plants, berms, fences, or walls, the purpose of which is to separate and screen incompatible adjacent or proximate land uses.
A unit of land, together with a specified type and amount of planting thereon, and any structures such as but not limited to fences, retaining walls and berms, which may be required between land uses to eliminate or minimize conflicts. (See Article 5 Performance Standards)
Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind. (See definition of "structure.")
The ratio of the horizontal area, measured from the exterior surface of the exterior walls of the ground floor, of all principal and accessory buildings on a lot to the total lot area.
The area encompassed by a building's outer wall at ground level.
The vertical distance from grade plane to the average height of the highest roof surface.
A subordinate building detached from but located on the same lot as the principal building, the use of which is incidental to that of the principal building.
A building in which is conducted the principal use of the lot on which it is located.
The place of business of lawyers, accountants, financial advisors, architects, surveyors, real estate and insurance businesses, psychiatrists, counselors, and the like, or in which a business conducts its administrative, financial or clerical operations, including banks, other financial services and call centers. This also includes the office functions of publishing and media businesses (see definition of "industry, light" for printing operations).
A functional area within an organization or an outsourced, separate facility that exists solely to answer inbound or place outbound telephone calls; usually a sophisticated voice operations center that provides a full range of high-volume, inbound or outbound call-handling services, including customer support, operator services, directory assistance, multilingual customer support, credit services, card services, inbound and outbound telemarketing, interactive voice response and web-based services. (See definition of "business and professional office.")
Any premises providing temporary accommodation to the public for a fee in a recreational vehicle or tent.
Any premises providing temporary accommodation on three or fewer campsites in a recreational vehicle or tent and used exclusively by the owner of the property and his or her family and friends. The definition of a personal campground does not include the storage of recreational vehicles. (See Article 5, Performance Standards.)
A trailer or semitrailer primarily designed and constructed to provide temporary living quarters for recreational, camping, travel or other use. "Camp trailer" includes a manufactured or homemade tent trailer, so called, that consists of a platform, shelf or box with means of permanently or temporarily attaching a tent. "Camp trailer" does not include a mobile home.
A wastewater disposal system that receives wastewater from two or more structures. (See Article 5, Performance Standards.)
A building in which a person maintains or otherwise carries out a regular program, for consideration, for any part of a day providing care and protection for children under 13 years of age. (See Article 5, Performance Standards.)
A home used to provide child care in the resident's home on a regular basis, for consideration, for three to 12 children under 13 years of age who are not the children of the provider. (See Article 5, Performance Standards.)
The area adjacent to a street (measured from the edge of the travel lane) in which fixed objects or obstructions are not permitted. Fixed objects include, but are not limited to, trees, signs, utility poles, walls, boulders, and mailboxes. (See Article 9, Subdivision Review.)
A group organized for a common purpose, goal, interest, or activity, usually social, religious, cultural or educational in nature, usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, a constitution, and bylaws.
The completion of a portion of the improvements which represents no less than 30% of the costs of the proposed improvements within a subdivision. If the subdivision is to consist of individual lots to be sold or leased by the subdivider, the cost of construction of buildings on those lots shall not be included. If the subdivision is a multifamily development, or if the applicant proposes to construct the buildings within the subdivision, the cost of building construction shall be included in the total costs of proposed improvements.
A document or interrelated documents adopted by the municipal officers, containing the elements established under 30-A M.R.S.A. § 4326, Subsections 1 to 4, including the strategies for an implementation program which are consistent with the state goals and guidelines established under 30-A M.R.S.A. §§ 4312 et seq.
A business engaged in the construction and maintenance of infrastructure, including road and utility construction or paving. This use is characterized by specialized heavy equipment, including graders, loaders, backhoes, dump trucks, cement mixers, etc. This use includes indoor repair, maintenance, or storage of contractor's vehicles, machinery, equipment or materials and space for the contractor's business office. (See Article 5, Performance Standards.)
HEAVY CONSTRUCTION SERVICES, MAJORA business with four or more vehicles types that are classified by the Federal Highway Administration as Class 6-13 vehicles.
HEAVY CONSTRUCTION SERVICES, MINORA business with three or fewer vehicles types that are classified by the Federal Highway Administration as Class 6-13 vehicles.
A business engaged in the construction, renovation, maintenance or repair of residential or commercial buildings and structures, including building systems exterior to those buildings or structures. Such businesses include, but are not limited to, plumbing, painting, building, well drilling, carpentry, masonry, electrical, roofing, heating, cooling and ventilation systems, and siding. This use includes indoor repair, maintenance, or storage of contractor's vehicles, machinery, equipment or materials and space for the contractor's business office. (See Article 5, Performance Standards.)
A business engaged in the decorative and functional alteration, planting and maintenance of residential and commercial grounds, including winter maintenance, like snow plowing and shoveling services. Such a business may engage in the installation and construction of underground improvements but only to the extent that such improvements (e.g., drainage or irrigation) are accessory to the principal business and are necessary to support or sustain the landscaped surface of the ground. (See Article 5, Performance Standards.)
A portion of a lot or parcel used for the outdoor storage of equipment, vehicles, machinery, or materials used by and accessory to on-site contractor services or contractor services, landscaping, or heavy construction services. (See Article 5, Performance Standards.)
See definition of "street classification," Subsection C, Controlled access street.
A building, or portion thereof, designed to accommodate 300 or more people in assembly. For the purposes of this chapter, this definition does not include places of worship.
See definition of "lot, corner."
A publicly operated facility housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense.
The connection to a street, or opening along the curbline, at which point vehicles may enter or leave the roadway. (See Article 5, Performance Standards.)
Those hours between 7:00 a.m. and 7:00 p.m.
See definition of "street classification," Subsection F, Dead-end street.
The removal of part, or all, of a building or structure.
Parcels, lots or sites that meet the requirements of developable land in Article 5, Performance Standards.
Any change of land use including but not limited to the construction of buildings, parking lots, streets or utilities or the filling or cutting of land areas, or the cutting of trees which is done as part of the site preparation. "Development" does not, however, include normal agricultural operations, e.g., cultivation of soil, the raising of livestock, or the erection of fences, nor does it include for the purpose of subdivision or site plan review the erection of barns and other accessory farm buildings.
An establishment in which a building is used for the receipt, storage, and distribution of goods, products, cargo, and materials, including transshipment by boat, rail, air, or motor vehicle. Included in this definition are the breakdown and/or consolidation of orders for shipment. However, the retail sale, assembly, or processing of goods, products, cargo, or materials is not considered part of the distribution process.
Any portion of a structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. (See Article 5, Performance Standards.)
A route that provides access to no more than two lots from either a public or private right-of-way. A driveway shall not be used to provide frontage. (See the definition of "frontage" in this section.)
A structure, or portion thereof, that is used exclusively for human habitation.
One or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family.
A building containing one or more dwelling unit(s) and one or more nonresidential use(s) where residential uses are located above the first story of a building that contains a nonresidential use on at least the first story. (See definition of "story.")
A building containing three or more dwelling units. A multifamily dwelling may be attached to a nonresidential use.
A freestanding building containing one dwelling unit.
A building containing two attached dwelling units. A two-family dwelling may, or may not, be attached to a nonresidential use.
A civil engineer licensed by the State of Maine.
One or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a boardinghouse, lodging house, motel, or hotel as herein defined.
A use accessory to agriculture which is dependent upon the property, buildings or on-site agricultural products or animals that would allow working farms to generate additional income from uses such as indoor or outdoor events, weddings, restaurants, lodging for special events and other on-farm activities not directly related to agriculture. (See Article 5, Performance Standards.)
Areas identified by a government agency such as the Maine Department of Inland Fisheries and Wildlife, Atlantic Salmon Authority, or Maine Department of Marine Resources as having significant values as fisheries or any areas identified in the Town's Comprehensive Plan.
An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers, massage rooms, and lockers to members and their guests.
The official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the Town of Windham.
The operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or the performance of forest services.
See definition of "lot line, front."
A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.
A tract of land laid out for at least nine holes for playing the game of golf that may include a clubhouse, dining and snack bars, pro shop, and practice facilities.
A reference plane representing the average of finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by one of the following:
The sum of the gross horizontal areas of all enclosed stories of a building, including cellars, basements, mezzanines, penthouses, corridors, and lobbies, measured from the exterior face of the exterior walls, or from the center line of a common wall separating two buildings, but excluding any space with a floor-to-ceiling height of less than six feet six inches.
An area that has been identified as being particularly vulnerable to the discharge of pollutants from on-site sewage disposal systems due to its proximity to a groundwater aquifer and/or a wellhead.
Hazardous material includes the following:
Highly combustible or explosive products or materials that are likely to burn with extreme rapidity or that may produce poisonous fumes or explosions.
Highly corrosive, toxic, or noxious alkalis, acids, or other liquids or chemicals producing flame, fume, or poisonous, irritant, or corrosive gases.
Materials producing explosive mixtures of dust or that result in the division of matter into fine particles subject to spontaneous ignition.
Any substance that is a present or potential danger to people or to the natural environment when deposited on land or discharged on or into water or ambient air.
Areas identified by a government agency such as the Maine Historic Preservation Commission as having significant value as a historic or archaeological resource or any areas identified in the Town's Comprehensive Plan.
An occupation or profession which is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit and clearly incidental and secondary to the use of the dwelling unit for residential purposes. See § 120-527, Home occupation 1, in Article 5, Performance Standards.
An occupation or profession which is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit and clearly incidental and secondary to the use of the dwelling unit for residential purposes. Home occupation 2 uses must be approved by the Board of Appeals. (See Article 5, Performance Standards.)
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 facility offering transient lodging accommodations to the general public for a fee. Hotels may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities in those zoning districts in which these facilities are permitted. (See Article 5, Performance Standards.)
Those animals normally considered as household companions, but not including horses, cows, sheep, goats, mink, swine, chickens, turkeys, or any animals raised for sale or for the sale of their products.
Means the total area of a parcel covered with a low-permeability material that is highly resistant to infiltration by water, such as asphalt, concrete, or rooftop, and areas such as gravel roads and unpaved parking areas that will be compacted through design or use to reduce their permeability. Common impervious areas include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and macadam or other surfaces which similarly impede the natural infiltration of stormwater. Pervious pavement, pervious pavers, pervious concrete and underdrained artificial turf fields are all considered impervious. For the purpose of determining jurisdictional thresholds, the Department may, depending on the design, consider such facilities to provide alternative treatment as described in Section 4(B)(3)(e) of this Chapter.[1]
A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Examples include, but are not limited to, buildings, structures, and pavement. Surfaces with a percolation rate faster than 120 minutes per inch shall not be considered impervious.
Any variety of cannabis sativa L. with a delta-9-tetrahydrocannabinol concentration that does not exceed 0.3% on a dry-weight basis and that is grown or possessed by a licensed grower in compliance with state law. For the purposes of this chapter, the use is treated the same as agriculture but shall also comply with the odor standards of § 120-537B.
See definition of "street classification," Subsection G, Industrial or commercial street.
A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using, flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. (See definitions of "manufacturing" and "manufacturing, hazardous.")
A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, incidental sales and incidental distribution of such products, but excluding basic industrial processing. (See definition of "manufacturing" and Article 5, Performance Standards.)
A yard, field or other outside area used to store, dismantle or otherwise handle:
Discarded, worn-out or junked plumbing, heating supplies, electronic or industrial equipment, household appliances or furniture;
Discarded, scrap and junked lumber; and
Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste and all scrap iron, steel and other scrap ferrous or nonferrous material.
The establishment in which five or more dogs, cats, or domesticated animals are sheltered, housed, bred, boarded, trained, or sold, for a fee or other compensation. This definition includes, without limitation, pet care service establishments for dogs and cats that provide daytime care or boarding (short-term care during normal business hours without overnight boarding, i.e., doggy daycares) and/or overnight care only. Veterinary clinics are excluded from this definition when boarding is incidental to medical treatment; provided that such boarding is not offered as a separate service unconnected with the provision of medical treatment.
An establishment in which four or fewer dogs, cats, or domesticated animals are sheltered, housed, bred, boarded, trained or sold and are boarded for a fee or other compensation. This definition includes, without limitation, pet care service establishments for dogs and cats, that provide daytime care and boarding (short-term care during normal business hours without overnight boarding, i.e., doggy daycares) and/or overnight care only. Veterinary clinics are excluded from this definition when boarding is incidental to medical treatment; provided that such boarding is not offered as a separate service unconnected with the provision of medical treatment.
See definition of "buffer strip, landscaped."
Means an area of land that has been disturbed and re-planted or covered with one or more of the following: grass or other herbaceous plants, shrubs, trees, or mulch; but not including area that has reverted to a natural, vegetated condition. An area of grass is considered landscaped if it is mowed more than twice per twelve-month period.
The Town Council of Windham, Maine.
The operational or service level of transportation infrastructure as determined by the most current edition of the "Highway Capacity Manual" published by the Transportation Research Board.
A truck with a registered gross vehicle weight of 10,000 pounds or less.
An off-street space or berth used for the loading or unloading of cargo, products, or materials from vehicles.
See definition of "street classification," Subsection H, Local street, major, and Subsection I, Local street, minor.
A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.
The boundary line of a lot.
The lot line separating a lot from a street right-of-way or the portion of a lot that abuts a street right-of-way.
The lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
Any lot line other than a front or rear lot line.
A lot abutting on and at the intersection of two or more streets. (See Article 5, Performance Standards.)
See definition of "developable land."
A lot other than a corner lot.
A lot that fronts on two parallel streets or that fronts on two streets that do not intersect at the boundaries of the lot.
“Low impact development” or “green infrastructure” means site planning and design strategies intended to replace or replicate predevelopment hydrology through the use of source control and relatively small-scale measures integrated throughout a site to disconnect impervious surfaces and enhance filtration, treatment, and management of stormwater runoff as close to its source as possible. Low impact development strategies may be either nonstructural or structural, except that low impact development strategies utilizing structural stormwater management techniques shall be limited to an impervious contributing drainage area equal to or less than one acre. Low impact development strategies include, but are not limited to: bioretention filters, grass swales and channels, vegetated filter strips, permeable pavements, rain gardens and vegetated rooftops. More information is available in Maine DEP Chapter 10, Low Impact Development Practices.
An area and structures used for the storage, distribution, and sale of finished or rough-cut lumber and lumber products. Lumber yards shall be classified as "retail sales." (See definition of "retail sales.")
Any subdivision containing five or more lots or dwelling units.
Manufactured housing shall be defined according to 30-A M.R.S.A. § 4358, as amended from time to time. (See Article 5, Performance Standards.)
Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors.
A building or structure or any portion thereof that is used for the storage, manufacture, or processing of the following:
Highly combustible or explosive products or materials that are likely to burn with extreme rapidity or that may produce poisonous fumes or explosions.
Highly corrosive, toxic, or noxious alkalis, acids, or other liquids or chemicals producing flame, fume, or poisonous, irritant, or corrosive gases.
Materials producing explosive mixtures of dust or that result in the division of matter into fine particles subject to spontaneous ignition.
The leaves, stems, flowers and seeds of a marijuana plant, whether growing or not. "Marijuana" includes marijuana concentrate but does not include hemp as defined in 7 M.R.S.A. § 2231, Subsection 1-A, or a marijuana product.
Includes adult use marijuana store, marijuana cultivation facility, marijuana testing facility, marijuana manufacturing facility, medical marijuana registered caregivers, medical marijuana caregiver retail store, marijuana registered dispensary and medical marijuana registered caregiver (home occupation).
A facility used to purchase marijuana plants and seeds from other cultivation facilities; to cultivate, prepare and package adult use marijuana; to cultivate medical marijuana that exceeds 1,000 square feet floor area; to sell marijuana to products manufacturing facilities, stores and to other cultivation facilities; and to sell marijuana plants and seeds to other cultivation facilities and immature marijuana plants and seedlings to marijuana stores. Cultivation facilities may be of the following types:
TIER 1 MARIJUANA CULTIVATION FACILITYNot more than 500 square feet of plant canopy.
TIER 2 MARIJUANA CULTIVATION FACILITYNot more than 2,000 square feet of plant canopy.
TIER 3 MARIJUANA CULTIVATION FACILITYNot more than 7,000 square feet of plant canopy.
TIER 4 MARIJUANA CULTIVATION FACILITYNot more than 20,000 square feet of plant canopy.
A registered Tier 1 or Tier 2 manufacturing facility, as designated by state law, or a person authorized to engage in marijuana extraction under 22 M.R.S.A. § 2423-F; or
A facility licensed under 28-B M.R.S.A. Chapter 1, Subchapter 2, to purchase marijuana from a cultivation facility or another products manufacturing facility; to manufacture, label and package marijuana and marijuana products; and to sell marijuana and marijuana products to marijuana stores and to other products manufacturing facilities.
An entity registered under 22 M.R.S.A. § 2425-A that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses marijuana plants or harvested marijuana or related supplies and educational materials to qualifying patients and the caregivers of those patients.
A public or private laboratory that is authorized and accredited in accordance with state law for the research and analysis of marijuana, marijuana products or other substances for contaminants, safety or potency.
A store that has attributes generally associated with retail stores, including, but not limited to, a fixed location, a sign, regular business hours, accessibility to the public and sales of goods or services directly to a consumer, and that is used by a registered caregiver to offer marijuana plants or harvested marijuana for sale to qualifying patients.
A person or an assistant of that person that provides care for a qualifying patient in accordance with state law and licensing and is registered with the state in accordance with state law.
A person or an assistant of that person that provides care for a qualifying patient in accordance with state law and licensing and is registered with the state in accordance with state law and in accordance with the home occupation permitting and operational standards of this chapter.
A building housing one or more offices of doctors, such as doctors of medicine, dentistry, or non-boarding veterinary clinics.
The removal, processing and storage of topsoil, loam, rock, sand, gravel, stone, and other earth materials. (See Article 6, Mineral Extraction.)
Any subdivision containing not more than four lots or dwelling units.
"Mobile home park" shall be defined according to 30-A M.R.S.A. § 4358, as amended from time to time. (See Manufactured Housing Park Overlay District in Article 4, Zoning Districts.)
A building or group of attached or detached buildings containing guest rooms or dwelling units most of which have separate outside entrances and parking spaces nearby intended to be used by automobile transients for compensation. (See Article 5, Performance Standards.)
A development that will contain three or more dwelling unites created in any five-year period on one or more lots. For purposes of this definition, multifamily development is only reviewed on multiple lots if they have been under the same ownership within the last five years prior to the creation of the third unit.
Any member of the Town Council of the Town of Windham.
Any elected or appointed official of the Town of Windham.
The board designated by either the State of Maine or this chapter to hear and decide upon specified applications.
Hand-painted, hand-tiled, digitally printed, or other created images (which may contain lettering), on or affixed to the exterior wall of a building, but which do not contain any commercial message, including advertising copy, symbols, lettering/font, logos or other such recognized branding related to products or services provided on or in the premises.
Areas identified by a government agency such as the Maine Department of Agriculture, Conservation and Forestry Natural Areas Program as having significant value as a natural area or any areas identified in the Town's Comprehensive Plan.
The area of a parcel which is suitable for division as determined by the standards for net residential density in Article 5.
The number of dwelling units per net residential acre.
A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this chapter but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
A structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this chapter but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of this chapter.
A use or activity that was lawful prior to the adoption, revision, or amendment of this chapter but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
An institution or a part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood, or adoption.
A temporary storage area for a motor vehicle that is not located on a dedicated street right-of-way.
The Land Use Map adopted by the Town of Windham, Maine on May 25, 1976, as amended from time to time.
The most current map delineating the shoreland zones adopted by the Town of Windham, Maine, as amended from time to time, in accordance with the provisions of 38 M.R.S.A. § 435 et seq.
Land set aside for permanent protection from development within a conservation subdivision. Open space uses may include passive and/or active use, including play fields and playgrounds, for preservation of environmentally sensitive areas, agriculture, forestry, or buffers.
A land use category that includes all uses not specifically defined in this section and listed as permitted uses in a zoning district.
See definition of "retail sales, outdoor."
A piece or area of land formally described and recorded with map, block and lot numbers, by metes and bounds, by ownership, or in such a manner as to specifically identify the dimensions and/or boundaries.
Informally, as land in general.
"Parcel" shall be defined the same as "parcel of land" according to DEP regulations adopted pursuant to the Site Law.
A tract of land available to the general public for recreational purposes. Public parks do not include recreation facilities that are fully enclosed.
The use of any building or land in a manner subject to the express conditions and limitations stated in this chapter.
Means any individual, person, firm, association, partnership, trust, corporation, municipal or other local governmental entity, quasi-municipal entity, state agency, federal agency, educational or charitable organization or institution or other legal entity. "Person" shall also be defined according to rules adopted pursuant to the Site Law.
See "kennel, major" and "kennel, minor."
A church, synagogue, temple, mosque, or other facility that is used for prayer by persons of similar beliefs. This definition shall also include a special-purpose building that is architecturally designed and particularly adapted for the primary use of conducting formal religious services on a regular basis. Educational and child-care activities that are conducted outside of the facility's religious services or gatherings shall be defined separately in this chapter.
See definition of "use, principal."
See definition of "street classification," Subsection J, Private road, major, and Subsection K, Private road, minor.
See definition of "street classification," Subsection L, Private way.
See definition of "street classification," Subsection M, Public street.
Buildings, structures, or facilities, including switching stations, owned by a registered public utility, relating to the furnishing of utility services, such as electric, gas, telephone, water, and sewer, to the public. This definition shall not include the following buildings, structures or facilities (see Article 5, Performance Standards):
A building or structure containing the necessary equipment to pump sanitary sewage or public water to a higher elevation.
A vehicle that is self-propelled and is primarily designed to provide temporary living quarters for recreational, camping or travel use, complies with all applicable federal vehicle regulations and does not require special highway movement permits to legally use the highways. "Recreational vehicle" does not include motor homes, travel trailers, fifth-wheel trailers and folding camping trailers.
The use of a building for play, sports, games, and other similar diversions. (See definition of "fitness center.")
The use of a land outside of a fully enclosed building, as defined, for play, sports, games, and other similar diversions.
Activities that involve relatively inactive or less energetic activities, such as walking, sitting, picnicking, and board and table games.
A facility for investigation into the natural, physical or social sciences, which may include engineering and/or product development.
An establishment where food and drink are prepared, served and consumed. A restaurant may serve food to be taken from the premises for consumption.
Establishments engaged in the selling or rental of goods or merchandise and in rendering services incidental to the sale of such goods.
The sale of goods or merchandise that are directly related to, or are the product of, the primary use located on the property.
The use of any building, land area, or other premises principally for the display, sale, rental, or lease of new or used automobiles, light trucks, and/or vans. This definition shall not include recreational vehicles. This use includes any vehicle preparation, warranty, or repair work conducted as an accessory use. (See Article 5, Performance Standards.)
A retail establishment of up to 1,500 square feet selling primarily food products, household items, newspapers and magazines, candy, and beverages, and a limited amount of freshly prepared foods such as sandwiches, pizzas, and salads. (See Article 5, Performance Standards.)
A convenience store that is located on the same lot and is accessory to an automobile gas station. (See definition of "retail sales, convenience".)
The growing, cultivation, storage, and sale of garden plants, flowers, trees, shrubs, and fertilizers, as well as the sale of garden tools and similar accessory and ancillary products, to the general public. A nursery may also include a greenhouse structure in which plants, vegetables, and flowers are grown for sale.
The display or sale of products and services outside of a building. This includes, but is not limited to: camp trailers, recreational vehicles; garden supplies, flowers, shrubs, and other plant materials; boats and aircraft; farm equipment; motor homes; burial monuments; building and landscape materials; and lumber. This definition does not include yard sales conducted on residential properties. (See Article 5, Performance Standards.)
Any age-restricted development, which may be in any housing form, including detached and attached units, apartments, and residences, offering private and semiprivate rooms. (See Article 5, Performance Standards.)
Any land or structure designed, intended or used for the keeping of horses or ponies for hire, either with or without instruction in riding.
A structure for the display and sale of agricultural products. (See definition of "agriculture" and standards for agriculture in Article 5, Performance Standards.)
Rough rocks stacked in an interlocking pattern without concrete, mortar, or steel reinforcement. Neither mechanical nor physical connections are made between the individual rocks; interlocking is accomplished through proper rock layout, rock weight, and frictional interaction.
A building used for temporary occupancy of individuals who are lodged with or without meals and in which bathroom and kitchen facilities may be shared. (See Article 5, Performance Standards.)
A facility where logs are cut into boards or timbers; a mill or machine for sawing logs or producing firewood that is in operation on a permanent basis. (See Article 5, Performance Standards.)
A facility where logs are cut into boards or timbers, a mill or machine for sawing logs or producing firewood that is in operation for a cumulative duration of two months or fewer in any twelve-month period. This definition does not include the use of handheld chain saws. (See Article 5, Performance Standards.)
A building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time. (See definition of "warehousing, public.")
Establishments primarily engaged in providing assistance, as opposed to products, to individuals, business, industry, government, and other enterprises.
Establishments primarily engaged in providing services to business establishments on a fee or contract basis. This includes, but is not limited to, advertising and mailing, building maintenance, employment services, management and consulting services, protective services, equipment rental and leasing.
Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. This includes, but is not limited to, laundry or dry-cleaning services, beauty shops, barbershops, shoe repair, and clothing rental.
The distance between any structure and the nearest lot line or street.
The distance between any structure and the front lot line or street and measured perpendicular to the structure to the closest point of the front lot line or street.
That line that is the required minimum distance from any lot line and that establishes the area within which any structure may be erected or placed.
The distance between any principal structure and the lot line abutting a primary street.
The distance between any structure and the rear lot line or street and measured perpendicular to the structure to the closest point of the rear lot line or street.
The minimum distance between any structure and a lot line or street within which no structure is permitted to be located except as provided in this chapter.
The distance between any principal structure and the lot line abutting a secondary street.
The distance between any structure and the side lot line or street and measured perpendicular from the side lot line or street to the closest point of the structure.
The display or depiction of sex organs during actual or simulated sexual intercourse or sexual acts as defined in 17-A M.R.S.A. § 251.
A freestanding container typically assembled with steel and/or aluminum. The container typically does not have wheels, but rather is transported via a flatbed truck, rail cars, or ship. The container is used for the transportation and/or storage of goods and materials. (See Article 5, Performance Standards.)
A paved way for pedestrian traffic which is constructed parallel to a road. (See Article 9, Subdivision Review.)
A name, identification, description, emblem, trade name, trademark, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure, parcel or lot and which relates to an object, product, place, activity, person, institution, organization or business and as further described in § 120-712, Exemptions.
Means the Site Location of Development Law, 38 M.R.S.A. §§ 481 through 490, as may be amended from time to time.
A structure, building, or facility used to process live animals for human consumption.
The maintenance and repair of engines or motors used for the following types of equipment: power tools, lawn mowers, snowblowers and wood splitters. Small engine repair shall not include the maintenance or repair of engines or motors used in passenger vehicles, all-terrain vehicles (ATVs), mopeds, motorcycles and snowmobiles.
A structure, building, or facility used to process or cure animal meat or products through the use of smoke.
A solar energy system, consisting of solar panels combined with other associated components such as mounting racks, transformers, inverters and/or batteries, whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means. It may be roof-mounted or ground-mounted, and may be of any size as follows:
Small-scale solar energy system is one whose physical size based on total area projected over a roof or the ground is less than 25,000 square feet;
Medium-scale solar energy system is one whose physical size based on total area projected over a roof or the ground is equal to or greater than 25,000 square feet but less than 43,560 square feet (one acre); and
Large-scale solar energy system is one whose physical size based on total area projected over a roof or the ground is equal to or greater than 43,560 square feet.
Means the Storm Water Management Law, 38 M.R.S.A. § 420-D, as may be amended from time to time.
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
That portion of a building which is partly or completely below grade.
The lowest story having its finished floor surface entirely above grade, except that a basement shall be considered the first story where the finished surface of the floor above the basement is:
An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more then 1/3 of the area of the room in which the level or levels are located.
The story directly above the first story of a structure.
Public or private roads or ways such as alleys, avenues, boulevards, highways, roads, and other rights-of-way, as well as areas on subdivision plans designated as rights-of-way for vehicular access other than driveways. (See Article 5, Performance Standards.)
ARTERIAL STREETA major thoroughfare which serves as a major traffic way for travel between and through the Town. For the purpose of this chapter, only the following roadways shall be classified as arterial streets: Route 302, Route 202, Route 115, Route 35, River Road, and Falmouth Road.
COMMERCIAL STREETA street that provides frontage in the C-1 and C-2 Zoning Districts, primarily in areas dominated with nonresidential uses.
CONTROLLED ACCESS STREETA street which serves primarily as a major traffic way for travel within the Town between two arterial streets. For the purpose of this chapter, only the following roadway shall be classified as a controlled access street: Manchester Drive and Veterans Memorial Drive (the Eastern Connector). (See Commercial I and Commercial II District Standards.) (See § 120-521, Controlled access street, in Article 5, Performance Standards.)
CURBED LANEA street that provides frontage in the C-1 and C-2 Zoning Districts, primarily in mixed-use areas or as a secondary road in a more commercial area.
RESIDENTIAL STREETA street that provides frontage in the C-1 and C-2 Zoning Districts, primarily in residential neighborhood settings.
DEAD-END STREETA street with a single common ingress and egress.
INDUSTRIAL OR COMMERCIAL STREETStreets servicing industrial or commercial uses.
LOCAL STREET, MAJORA street designed for public acceptance which complies in width and construction with the specifications in § 120-911M, Traffic conditions and streets, Subsection M(5), and has an estimated average daily traffic count of more than 400 vehicles per day.
LOCAL STREET, MINORA street designed for public acceptance which complies in width and construction with the specifications in § 120-911M, Traffic conditions and streets, Subsection M(5), and has an estimated average daily traffic count of 400 or fewer vehicles per day.
PRIVATE ROAD, MAJORA street constructed on or after October 22, 2009, that complies in width and construction with the specifications for private roads in § 120-911M, Traffic conditions and streets, Subsection M(5), and serves more than 10 lots.
PRIVATE ROAD, MINORA street constructed on or after October 22, 2009, that complies in width and construction with the specifications for private roads in § 120-911M, Traffic conditions and streets, Subsection M(5), and serves 10 or fewer lots.
PRIVATE WAYA street that was constructed prior to October 22, 2009, that does not meet the specifications for private roads in § 120-911M, Traffic conditions and streets, Subsection M(5), and that has not been accepted by the Town of Windham. Private ways do not include accessways typically referred to as "tote roads" or "woods roads."
PUBLIC STREETAny street that complies in width and construction with the standards for public streets in Article 9, Subdivision Review, or a street meeting lesser standards that the Town of Windham agrees to accept. (See Article 9, Subdivision Review.)
The street abutting a corner lot where the highest traffic volume exists or is anticipated, as determined by the Director of Public Works.
The street abutting a corner lot that is not the primary street.
A combination of materials that form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water. For the purpose of this chapter, antennas shall be considered structures; however, fences, doghouses, tree houses designed for children's use, and bus shelters shall not be considered structures.
A "subdivision" is a division of a tract or parcel of land as defined in 30-A M.R.S.A. § 4401, as amended from time to time; provided, however, that the Town of Windham does hereby elect to count lots of 40 or more acres as lots for purposes of subdivision review.
The division of an existing subdivision or any change to an approved subdivision that requires Planning Board approval.
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or for any alteration of a structure listed on the National Register of Historic Places or a state or local inventory of historical places.
A building, or part of a building, used to show motion pictures or for drama, dance, musical, or other live performances.
An area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
The vertical interior of the exterior walls, which may include rough wiring and rough plumbing, but no insulation, ceiling, inside partitions or heat.
The purpose or activity for which land or structures are designed, arranged, or intended or for which land or structures are occupied or maintained.
A use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or use. For the purposes of this chapter, the following structures, either attached to or detached from the primary use, shall be considered accessory uses: porches, garages, pools, and decks.
The primary or predominant use of any lot or parcel.
Permission to depart from the literal requirements of this chapter. (See Article 11, Board of Appeals.)
A type of medical office that provides medical services to dogs, cats, or other domesticated animals, including but not limited to routine office visits and surgical procedures. The overnight boarding of animals is not permitted at a veterinary clinic, unless such boarding is incidental to provided medical treatment, i.e., to allow for an adequate period of recovery, and not as a separate service.
A building used primarily for the storage of goods and materials by the owner of the goods or operated for a specific commercial establishment or group of establishments in a particular industrial field.
A building or lot used primarily for the storage of goods and materials and available to the general public for a fee. This use definition includes self-storage facilities, as defined.
Areas identified by a government agency such as the Maine Department of Inland Fisheries and Wildlife as having significant value as habitat for animals or any areas identified in the Town's Comprehensive Plan.
A parcel of land containing a tower, sending and receiving antennas attached to the tower, and a prefabricated or modular structure or cabinets containing electronic equipment.
A Federal Communications Commission (FCC) licensed facility, designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices and equipment. For purposes of this chapter, amateur radio transmission facilities and facilities used exclusively for receive-only antennas are not classified as wireless telecommunications towers and facilities.
An open space that lies between any structure and the nearest lot line.
An open space extending the full width of the lot between any structure and the front lot line and measured perpendicular to the structure at the closest point to the front lot line.
A space extending across the full width of the lot between any structure and the rear lot line and measured perpendicular to the structure to the closest point of the rear lot line.
The minimum open space between a lot line and the yard line within which no structure is permitted to be located except as provided in this chapter.
A space extending from the front yard to the rear yard between any structure and the side lot line and measured perpendicular from the side lot line to the closest point of the structure.
A specifically delineated area or district in the Town within which uniform regulations and requirements govern the use, placement, spacing, and size of land and buildings.
The delineation of districts and the establishment of regulations governing the use, placement, spacing, and size of land and buildings in the Town of Windham.
See definition of "zone."
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Editor's Note: See 06-096 CMR Ch. 500.