A.
In the interpretation and enforcement of this chapter, undefined
terms are given their common and generally accepted meanings unless
the context requires otherwise. In the case of any difference of meaning
or implication between the text of this chapter and any map, illustration,
or table, the text shall control.
B.
The word "person" includes a firm, association, organization, partnership,
trust, company, or corporation, as well as an individual or any other
legal entity.
C.
The present tense includes the future tense; the singular number
includes the plural, and the plural number includes the singular.
D.
The words "shall" and "will" are mandatory; the word "may" is permissive.
E.
The word "lot" includes the words "plot" and "parcel."
Shoreland zoning definitions are located in Article VIII.
As used in this chapter, the following terms shall have the
meanings indicated:
The area that will be inundated by the flood event having
a 1% change of occurring in any year, as identified on the Federal
Emergency Management Agency's Flood Insurance Rate Map (FIRM).
A structure that is customarily both incidental and subordinate
to the principal structure. The term "incidental," in reference to
the principal structure, shall mean both subordinate and minor in
significance to the principal structure, and attendant to the principal
structure.
A use that is customarily both incidental and subordinate
to the principal use. The term "incidental," in reference to the principal
use, shall mean both subordinate and minor in significance to the
principal use, and attendant to the principal use. Such accessory
uses, when aggregated, shall not subordinate the principal use of
the lot.
A facility for the outpatient treatment of chemically or
narcotic-dependent persons that administers or dispenses narcotic
drugs under the direction of a physician in a rehabilitative context
in order to alleviate, suppress, or eliminate adverse psychological
or physiological effects associated with the continuous or sustained
use of chemical substances or a narcotic drug.
Lots which adjoin at any point or are separated at any point
by a body of water less than 40 feet wide.
Any business otherwise permitted as a retail business or
service establishment, a substantial or significant portion of which
consists of selling, renting, leasing, exhibiting, displaying, or
otherwise dealing in materials or devices of any kind which appeal
to prurient interests and which depict or describe specified sexual
activities. If more than 30% of the active display area of a facility
is devoted to materials or devices which depict or describe specified
sexual activities, or videotapes rated X, NC-17, or classified as
suitable only for adults or persons 18 years of age or older, or are
displayed in a portion of a facility only open to persons older than
18 years of age, it will be deemed to be a significant or substantial
portion of the business.
A program of care and activities licensed by the Maine Bureau
of Elderly and Adult Services, carried out on a regular basis in a
private dwelling or other facility, for a fee, for any part of the
day, for three or more adults, 19 years of age or older, who are not
blood relatives, as described in the licensing requirements of Section
61 of the State Bureau of Elder Services Policy Manual. Type 1 accommodates
five or fewer clients. Type 2 accommodates more than five clients.
[Added 9-25-2023]
For rental housing, a development in which a household whose
income does not exceed 80% of the median income for the area 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 a majority of the units as
affordable 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 median income for the area 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 a majority of the units as
affordable without spending more than 30% of the household's monthly
income on housing costs.
For purposes of this definition, "majority" means more than
half of proposed and existing units on the same lot.
For purposes of this definition, "housing costs" include, but
are not limited to:
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 City Planner or authorized designee.
The production, keeping or maintenance for sale or lease
of plants, including, but not limited to: forages and sod crops, grains
and seed crops, fruits and vegetables, and ornamental products, accessory
farm stands; and, unless expressly prohibited, the keeping of livestock,
including, but not limited to: dairy animals and dairy products, poultry
and poultry products, cattle and cattle products, or horses and riding
stables. Agriculture does not include forest management and timber
harvesting activities. Agriculture also does not include the growing
or cultivation of marijuana or hemp products.
[Amended 11-29-2021[1]]
A business that provides goods and/or services, a substantial
portion of the market for which is agricultural or other natural resources
businesses, including uses such as farm equipment dealers, feed and
grain stores, and similar uses. This does not include convenience
stores, fueling stations, or other retail or service businesses that
cater primarily to the general public.
Any addition, modification in construction, or any change
in the structural members of a building, such as bearing walls, columns,
beams, or girders.
A nontower mounting structure, such as a clock tower, steeple,
light pole, water tower or other structure upon which an antenna may
be mounted, and which camouflages or conceals the presence of the
antenna.
A private commercial premise that is maintained or operated
for the amusement, patronage, or recreation of the public, containing
four or more video game machines, or similar electronic games.
An outdoor facility, which may include structures and buildings,
where there are various devices for entertainment, including rides,
booths for conduct of games or sale of items and buildings for shows
and entertainment.
The place of work of an artist, craftsperson, photographer,
or person similarly skilled in the production of small craft or artistic
products. A studio may include the retail sale of items produced on
the premises, but incidental items produced off premises shall not
be sold unless retail uses are permitted in the district. This definition
does not include building or industrial trades, automobile-related
uses, adult businesses, or the production of items larger than household
furniture.
An establishment engaged primarily in the retail sale of
automobiles and/or trucks, which may include repair, service and parts
facilities.
A yard, field or other outdoor area used to store three or
more unregistered or uninspected motor vehicles, or parts of the vehicles,
and includes an area used for automobile dismantling, salvage, and
recycling operations, but does not include those areas listed in 30A
M.R.S.A. § 3752, Subsection 1A.
The business premises of a dealer or a recycler licensed
under Title 29-A M.R.S.A. §§ 851 to 1112 who purchases
or acquires salvage vehicles for the purpose of reselling the vehicles
or component parts of the vehicles or rebuilding or repairing salvage
vehicles for the purpose of resale or for selling the basic materials
in the salvage vehicles, as long as 80% of the business premises specified
in the site plan in section 3755-A, Subsection 1, Paragraph C[2] is used for automobile recycling operations. "Automobile
recycling business" does not include:
Financial institutions as defined in Title 9-B M.R.S.A. § 131,
Subsections 17 and 17-A;
Insurance companies licensed to do business in the state;
New vehicle dealers, as defined in Title 29-A M.R.S.A. § 851,
licensed to do business in the state; or
That portion of the business premises that is used for temporary
storage of vehicles by an establishment or place of business that
is primarily engaged in business as an insurance salvage pool. In
order for a vehicle's storage to be considered temporary under this
subsection, the vehicle must be removed from the site within 180 days
of receipt of title by the business.
An establishment that is primarily engaged in doing vehicle
repair work to make repairs to render a motor vehicle serviceable.
Such repair work includes, but is not limited to, the maintenance,
care, repair, or refinishing of motor vehicles, including paint, body,
mechanical, and auto upholstery work, and car washes.
[Amended 11-29-2021]
A large farm building typically used for storing farm or
agricultural products and sheltering livestock, or similarly a very
large garage for the housing of vehicles.
The enclosed area underneath a structure, typically having
a masonry floor, and the walls of which are typically part of the
structure's foundation. To be considered a "basement," the clear height
of that enclosed area up to the joists supporting the floor directly
above must be three feet or greater.
An owner-occupied residential structure in which no more
than six rooms are made available for a fee to overnight travelers
and which may provide guests with a morning meal. Such establishments
are further distinguished from a motel or hotel in that they do not
provide guests with the independent living quarters and eating facilities
normally associated with a motel or hotel.
A residential structure where lodging alone or lodging in
conjunction with meals, is provided for compensation for a period
of at least one week. There shall be no provisions for cooking in
any individual guest room. Such terms as tourist homes, lodging houses,
and terms suggesting a similar context shall be included under the
term. However, this definition shall not apply to private homes used
as lodging houses only, where no meals are served to guests, where
no more than three rooms are let to the public.
A business or activity primarily involved in business of
building, repairing and servicing boats. This use shall not include
provisions for fueling watercraft.
A facility that brews, lagers, and kegs, bottles or packages
its own malt liquor, not to exceed 30,000 barrels per year.
Vegetation, fences, and other means used to form a visual
separation of one use from another, or to shield or block noise, lights,
or other nuisances.
A place of business where professional or clerical duties
are performed, including limited sales incidental to the principal
use. Office uses in residential districts are subject to additional
performance standards.
A parcel of land containing where sites are rented for short-term
use for recreational vehicles or tents.
An area of ground set aside for the burying of human bodies.
[Added 11-29-2021]
The municipal approval for occupancy granted pursuant to
25 M.R.S. § 2357-A or the Maine Uniform Building and Energy
Code adopted pursuant to Title 10 Chapter 1103. Certificate of occupancy
may also be referred to as issuance of certificate of occupancy or
other terms with a similar intent.
[Added 9-25-2023]
A wire enclosure connected to a henhouse for the purpose
of allowing chickens to leave the henhouse while remaining in an enclosed,
predator-safe environment.
A house or other place 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 13 or more children under
13 years or age; or
Any location or locations operated as a single child-care program
or by a person or persons when there are more than 12 children being
cared for.
A house or other place, not the residence of the operator,
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 three to 12 children under 13 years of age. Any program for children
under five years of age that is located in a private school and programs
that contract with one or more child development services system sites
are required to be licensed as a child-care facility.
The person or firm employed or retained by the City to review
plans, specifications, and other engineering data.
Any voluntary association of persons organized for social,
religious, benevolent, recreational, literary, scientific, or political
purposes; where facilities, especially a clubhouse, are open to members
and not the general public; and not generally engaged in activities
customarily carried on by a business or for pecuniary gain. Such term
shall include fraternities, sororities, teen centers, and social clubs
generally.
The use of a wireless telecommunication facility, including
but not limited to alternative tower structures, by more than one
wireless telecommunication provider.
A parcel or building where commercial water dependent fishery
facilities are located, including structures for the packing, processing,
canning, or freezing of fin fish, crustaceans, mollusks, amphibians
and reptiles, including related activities such as wholesale and retail
sales, product storage facilities, crab shedding, off-loading docks,
shellfish culture operations, and shore-based facilities.
A retail business including the growing of plants, all or
part of which are sold on site at retail or wholesale. Commercial
greenhouses and nurseries shall not include the growing or selling
of marijuana and marijuana products.
A mechanical device, machine, combination of machines or
set-up used for the conversion of logs and other raw wood materials
into lumber, veneer, plywood, wallboard, blockboard, paperboard, pulp,
paper or other finished wood products.
[Added 11-29-2021[3]]
A commercial enterprise which receives a fee in return for
the provision of some recreational activity, including, but not limited
to racquet clubs, gyms, amusement parks, and golf courses. Freestanding
golf-related facilities not associated with golf courses, such as
pitch and putt courses, miniature golf courses, and driving ranges
also are categorized as commercial recreation.
A complete assembly consisting of one or more solar collectors
and associated mounting hardware or equipment that occupies more than
2,000 square feet of surface area (surface area shall be measured
by the total surface area of the solar collector at maximum tilt that
occupies a given space), intended to provide for the collection, storage
and distribution for sale or credit including, but not limited to,
net energy billing, of solar energy for heating or cooling, electricity
generation, or solar/thermal hot water systems,; these may be ground-mounted
systems.
A complete assembly consisting of one or more ground-level or pole-mounted solar collectors and associated mounting hardware or equipment that occupies more than 2,000 square feet of surface area (surface area shall be measured by the total surface area of the solar collector at maximum tilt that occupies a given space), intended to provide for the collection, storage and distribution for sale or credit, including, but not limited to, net energy billing, of solar energy for heating or cooling, electricity generation, or solar/thermal hot water systems; these may be ground-mounted systems. Roof-mounted solar energy systems are accessory uses subject to § 230-725 of this chapter and do not comprise commercial solar energy systems as defined herein.
[Amended 10-3-2022]
The use of lands, buildings, or structures, other than a
"home occupation," defined below, the intent and result of which activity
is the production of income from the buying and selling of goods and/or
services, exclusive of rental of residential buildings or dwelling
units.
A state-approved, authorized, certified or licensed housing
facility for eight or fewer persons with disabilities. A community
living arrangement may include a group home, foster home, or intermediate
care facility.
A subsurface septic system which is not administered by the
City of Saco and which serves more than two dwelling units.
An application shall be considered complete upon the Planning
Board's decision that all information required by these regulations
has been submitted and the required fee under the City's Cost Recovery
Ordinance[4] has been submitted.
Any part or element of the over-all plan or policy for development
of the City as defined in Title 30-A M.R.S.A § 4301 et seq.
A use which would not be appropriate without restriction,
but which would be allowed if controlled as to number, area, location,
relation to the neighborhood and similar criteria. The term "conditional
use" is used interchangeably with the term "special exception."
A permit authorized by the Planning Board for a conditional
use, as defined above. Conditional use permits are subject to the
relevant application and review procedures in this chapter, in order
to ensure due process of law.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions under a declaration, or an
amendment to a declaration, duly recorded pursuant to the Maine Condominium
Act, 33 M.R.S.A § 1601-101 et seq. Real estate is not a
condominium unless the undivided interests in the common elements
are vested in the unit owners. Any real estate development consisting
exclusively of clustered, detached, single-family residences is not
a condominium, unless so designated in the declaration.
A use of buildings, structures or land which complies with
all applicable provisions of this chapter.
A business that provides building construction or similar
services on a contract basis at a client's site and in which all material
or equipment storage at the place of business is contained within
a building or other screened area.
A retail business selling convenience merchandise, including
but not limited to items such as foodstuffs, nonprescription medical
supplies, sanitary supplies, newspapers, emergency home repair articles,
household cleaners, toiletries, and other similar items which may
include the sale of motor vehicle fuels or electric vehicle charging
stations on premises, and which may include the sale of food for consumption
on or off the premises as an integrated part of the business operation.
A provision in a deed, or other covenant conveying real property,
restricting the use of the land.
[Added 9-25-2023]
The non-habitable area underneath a structure, where the
clear height up to the joists supporting the floor directly above
is less than three feet.
A lighting fixture or luminaire that controls glare by directing
light well below the horizontal. A cutoff fixture shall limit the
direction of light so that a maximum of 2.5% of the total lamp lumens
shines above 90° or a line parallel to the surface of the ground
and a maximum of 10% of the lamp lumens shines above 80° as shown
in the following sketch. Refer to Figure 6-1 of this chapter.
The maximum number of dwelling units allowed on a lot not
used for affordable housing based on dimensional requirements in a
local land use or zoning ordinance. This does not include local density
bonuses, transferable development rights, or other similar means that
could increase the density of lots not used for affordable housing.
[Added 9-25-2023]
Any area on which a site improvement or change is made, including,
but not limited to, buildings, landscaping, parking areas, and streets.
Requirements which govern the size and placement of structures
including, but not limited to, the following requirements: building
height, lot area, minimum frontage and lot depth.
[Added 9-25-2023]
The Director of the City's Department of Public Works or
other person(s) designated by the City.
A distiller that produces spirits in an amount that does
not exceed 50,000 gallons per year.
All land areas that are stripped, graded or grubbed at any
time during the site preparation for, or construction of, a project,
unless the areas are returned to a condition with the same drainage
patterns and vegetative cover type that existed prior to the disturbance.
Both planting conducted to restore the previous cover type and restoration
of any altered drainage patterns must occur within one year of disturbance.
A building opening, including windows, doors, or mechanical
devices, through which occupants of a motor vehicle receive or obtain
a product or service.
Any part of a structure which, through sale or lease, is
intended for human habitation, including single-family and multifamily
housing, condominiums, time-share units, and apartments.
[Amended 9-25-2023]
ACCESSORY DWELLING UNIT (ADU)A self-contained dwelling unit located within, attached to or detached from a single-family dwelling unit located on the same parcel of land.
CARETAKER DWELLING UNITA dwelling unit that is incorporated into, and is part of, a nonresidential use and is occupied by an owner or an employee of the business occupying the principal use, and having a gross floor area of less than 2,000 square feet.
EXISTING DWELLING UNITA residential unit in existence on a lot at the time of submission of a permit application to build additional units on that lot.
MULTIFAMILY DWELLINGA structure containing three or more dwelling units.
SEASONAL DWELLINGCertain single-family, two-family, and multifamily units situated east of Seaside Avenue and Camp Ellis Avenue, and 400 feet west of the center line of those streets which are rented for periods of six days to four months. The rental of dwelling units as part of a house swap, and the renting of a dwelling units for caretaking purposes at a rent that is substantially below the market rent, are not to be construed as seasonal dwellings. See Chapter 173, Seasonal Property Rental.
SINGLE-FAMILY DWELLINGA structure containing only one dwelling unit.
TWO-FAMILY DWELLINGA building containing only two dwelling units.
Any operation engaged in the removal of more than 50 cubic
yards, in any twelve-month period, of topsoil, sand, gravel, clay,
rock, peat or other like material from its natural location and for
transportation off lot within any twelve-month period, except as may
be exempted within the extractive industry performance standards in
this chapter.
A residential development wherein at least one resident of
each individual dwelling shall be age 55 or older, and no resident
shall be under age 18. Residences are not congregated but are detached
and shall be manufactured housing or traditional on-site built homes.
Lots may be separately owned or owned by one person or entity and
leased. Public water and public sewer service shall be provided to
all residences. All such residences shall be year-round homes and
may be sited within a development serviced by private but paved streets.
The development may include a community center, an exercise and fitness
center for development residents and their guests only, management
and sales offices, and temporary storage of mobile homes. Permitted
accessory uses and structures include, but are not limited to, stormwater
maintenance facilities, parking areas, utility services, site amenities
and outside recreational areas. Such a development is subject to both
site plan and subdivision review.
A care facility that provides housing in dwelling units or
other accommodations such as suites or individual rooms for households
in which a head of household is at least 55 years old or for disabled
persons regardless of age. In addition to residential facilities,
the project may include common facilities to provide services for
residents. The use may include facilities that are commonly referred
to as retirement housing, congregate housing, nursing care facilities,
or independent living centers, with an average of 1.5 bedrooms per
unit. "Disabled" means having a physical or mental disability (including
hearing, mobility and visual impairments, chronic alcoholism, chronic
mental illness, etc.) that substantially limits one or more major
life activities, and having a record of such disability or regarded
as having such a disability.
A housing project or development that provides housing in
dwelling units for households in which a head of household is at least
55 years old or for disabled persons regardless of age, with an average
of 1.5 bedrooms per unit. "Disabled" means having a physical or mental
disability (including hearing, mobility and visual impairments, chronic
alcoholism, chronic mental illness, etc.) that substantially limits
one or more major life activities, and having a record of such disability
or regarded as having such a disability.
A facility used for indoor sports, such as hockey, figure
skating, basketball and soccer, as well as social and business functions,
such as conventions, dances, home shows and similar events. This definition
includes indoor recreation uses. The facility can include as accessory
uses eating and drinking places, a retail sales area for sports-related
merchandise, and other accessory uses if permitted in the district.
The erection, construction, alteration or maintenance by
public and private utilities or municipal or other governmental agencies
of gas, electrical, or communication facilities; steam, fuel, electric
power or water transmission or distribution lines, towers, and related
equipment; telephone cables or lines, poles and related equipment;
gas, oil, water, slurry or other similar pipelines; municipal sewage
lines, collection or supply systems; and associated tanks. Such systems
may include public utility buildings, towers, poles, wires, mains,
drains, pipes, conduits, cables, fire alarms, and police call boxes,
traffic signals, hydrants and similar accessories, but shall not include
service drops or buildings which are necessary for the furnishing
of such services. Electrical power transmission lines which carry
or have the capacity to carry more than 70,000 volts are not included
within this definition but shall fall within the definition of "high-voltage
transmission lines" herein. Essential services do not include radio
or TV transmission towers or cellular communications towers. This
definition includes equipment that connects an electric vehicle (EV)
to a source of electricity to recharge electric cars.
An increase in the floor area or volume of a structure, including
all extensions such as, but not limited to, attached decks, garages,
porches and greenhouses.
A group of individuals, not necessarily related by blood,
marriage, adoption or guardianship, living together in a dwelling
unit as a single housekeeping unit, sharing common use and access
to all living, eating, and bathroom areas.
A person who provides day care in that person'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 or who are not
residing in the provider's home. If a provider is caring for children
living in that provider's home and is caring for no more than two
other children, the provider is not required to be certified as a
family child-care provider.
An agricultural building or portion thereof, or a freestanding
structure, for the retail sale of agricultural products, foodstuffs,
and handicrafts as part of a commercial agricultural business.
An establishment whose primary business is the sale of "fast
food" for consumption on or off the premises, and does not necessarily
include drive-through window service. The term "fast food" shall be
interpreted as food which is:
The final drawings on which the applicant's plan of subdivision
is presented to the Planning Board for approval and which, if approved,
may be recorded at the Registry of Deeds.
An irrevocable Letter of Credit (a non-lapsing irrevocable
letter of credit issued by a federally or state- chartered U.S. financial
institution (a bank or credit union) in good standing in the name
of the City of Saco), or for an escrow, a deposit of money to a federally
or state-chartered U.S. financial institution (bank or credit union),
or to the City of Saco (for an escrow) to an escrow account shall
be made by cash or a certified check made out to the City, either
of which is intended to secure completion and maintenance of improvements,
and to guarantee against defects.
Any building wherein the primary occupation is concerned
with such federal or state- regulated businesses as banking, savings
and loans, loan companies, and investment companies.
A financial institution that includes a building opening
that features windows, doors, or mechanical devices, through which
occupants of a motor vehicle receive or obtain a product or service.
A parcel that lies at the end of a long driveway.
An outdoor market customarily involving tables or space rented
to vendors selling antiques, used household goods, curios, and the
like, at a frequency of more than four days in any six-month period.
The sum of the horizontal areas of the floor(s) of a structure
enclosed by exterior walls, plus the horizontal area of any unenclosed
portions of a structure, such as porches and decks.
EATING ESTABLISHMENTA business which sells prepared food, and which does not serve alcoholic beverages.
DRINKING ESTABLISHMENTA business or club where alcoholic beverages are consumed on the premises, such as a tavern.
EATING AND DRINKING ESTABLISHMENTA business where food and alcoholic beverages are sold for consumption on the premises, such as, but not limited to, a Class A restaurant. Eating and drinking places shall offer a variety of meals at all hours they are open and shall be equipped with a full commercial kitchen for the preparation of meals. A full commercial kitchen includes a stove, a stovetop, refrigeration equipment, a dishwasher, and numerous cooking utensils.
The supporting substructure of a building or other structure,
excluding wooden sills and post supports, but including basements,
slabs, frost walls, or other base consisting of concrete, block, brick
or similar material.
Freshwater swamps, marshes, bogs and similar areas other than
forested wetlands, which are:
Of 10 or more contiguous acres; or of less than 10 contiguous
acres and adjacent to a surface water body, excluding any river, stream
or brook, such that, in a natural state, the combined surface area
is in excess of 10 acres; and
Inundated or saturated by surface water or groundwater at a
frequency and for a duration sufficient to support, and which under
normal circumstances do support, a prevalence of wetland vegetation
typically adapted for life in saturated soils.
Freshwater wetlands may contain small stream channels or inclusions
of land that do not conform to the criteria of this definition.
The linear distance of the continuous line separating the
lot from a public road or private road.
A street that is parallel to arterial street and provides
access to adjacent lots.
A building or part thereof used for human funeral services.
Such building may contain space and facilities for: embalming and
the performance of other services used in preparation of the dead
for burial; the performance of autopsies; the storage of caskets,
funeral urns, and other related funeral supplies; the storage of funeral
vehicles; and funeral chapels. This definition shall not include facilities
for cremation.
Excessive brightness that makes it difficult to see or that
causes discomfort. Glare includes direct glare, disability glare,
and discomfort glare as follows:
GLARE, DIRECTGlare resulting from insufficiently shielded light sources or areas of excessive luminance within the field of view.
GLARE, DISABILITYThe effect of stray light in the eye whereby visibility and visual performance are reduced.
GLARE, DISCOMFORTGlare producing discomfort. It does not necessarily interfere with visual performance or visibility.
An area of land laid out for golf with a series of nine or
18 holes each, including tee, fairway, and putting green and often
one or more natural or artificial hazards.
[Added 11-29-2021[5]]
Those areas as specified as "Growth Areas" in Saco's most
recently adopted and approved Comprehensive Plan. "Growth area, designated"
does not include those areas specified as "Limited Growth Areas" in
the approved Comprehensive Plan. The following zoning districts are
considered growth areas: High Density Residential (HDR); Downtown
District (DD); Medium Density Residential (MDR); General Business
District (GB); Main and Beach District (MB); Highway Business District
(HB); and Portland Road District (PR).
[Added 9-25-2023]
A tree with a structural defect, combination of defects,
or disease resulting in a structural defect that, under the normal
range of environmental conditions at the site, exhibits a high probability
of failure and loss of a major structural component of the tree in
a manner that will strike a target. A normal range of environmental
conditions does not include meteorological anomalies, such as, but
not limited to hurricanes; hurricane-force winds; tornadoes; microbursts;
or significant ice storm events. Hazard trees also include those trees
that pose a serious and imminent risk to bank stability. A target
is the area where personal injury or property damage could occur if
the tree or a portion of the tree fails. Targets include roads, driveways,
parking areas, structures, campsites, and any other developed area
where people frequently gather and linger.
A facility for use for a fee by the public, including uses
such as game courts, gymnasiums, exercise equipment, locker rooms,
sauna baths, and swimming pools. Eating and drinking establishments
are permitted as an accessory use within such facilities.
Uses engaged in the basic processing and manufacturing of materials
or products predominately from extracted or raw materials;
Uses or manufacturing processes making extensive use of flammable
or explosive materials (other than gas welding) or which involve commonly
recognized offensive conditions;
Uses involved in the storage of flammable or explosive or hazardous
materials.
The vertical distance between the existing grade at the highest
point around the footprint of the existing or proposed structure and
the highest point of the structure itself, excluding chimneys, steeples,
antennas, and similar appurtenances which have no floor area.
A structure for the sheltering of domestic female chickens.
A map prepared by a certified soil scientist in accordance
with the National Cooperative Soil Survey that identifies the soil
types down to 1/8 acre or less at a scale equivalent to the subdivision
plan submitted. The map shall show the location of all test pits used
to identify the soils and shall be accompanied by a log of each sample
point identifying the textural classification and the depth to seasonal
high-water table or bedrock at that point. Single soil test pits and
their evaluation for suitability for subsurface wastewater disposal
systems shall not be considered to constitute high intensity soil
surveys.
Electrical power transmission lines which carry or handle
more than 70,000 volts of electricity.
An occupation or profession within a dwelling unit or structure
accessory to a dwelling unit by a member of the family residing in
the dwelling unit which is clearly incidental and secondary to the
use of the dwelling for residential purposes and which does not change
the character thereof; and which conforms with the requirements set
forth in this chapter.
A business in combination with an occupied residence, involving
the sale of retail goods, that has a low impact on neighboring properties
and low volume of vehicular traffic relative to other retail uses
of the same size. The sale of any form of marijuana or marijuana derived
product, whether it is medical or adult use marijuana, except, from
a lawfully sited registered dispensary is not a permitted home-based
retail use.
[Amended 11-29-2021]
An institution providing, but not limited to, overnight health
services, primarily for inpatients, and medical or surgical care for
the sick or injured, including as an integral part of the institution
such related facilities as laboratories, outpatient departments, training
facilities, central service facilities, and staff offices.
A building containing guest rooms kept, used, maintained,
or held out to the public as a place where lodging alone or lodging
and meals are provided to the general public. A hotel or motel may
include general kitchen and dining room facilities open to the public.
The hotel or motel may also contain accessory services and facilities
such as newsstands, and personal grooming facilities for the benefit
of its guests, and only incidentally for the general public.
Any part of a structure which, through sale or lease, is
intended for human habitation, including single-family and multifamily
housing, condominiums, time-share units, and apartments. For purposes
of this rule, this does not include dormitories, boardinghouses or
other similar types of housing units. This also does not include transient
housing or short-term rentals.
[Added 9-25-2023]
The midpoint of a region's income distribution calculated
on an annual basis by the U.S. Department of Housing and Urban Development.
[Added 9-25-2023]
Nonprofit, governmental, or for-profit facilities designed
and equipped for the conduct of indoor sports, leisure-time and recreational
activities, and similar activities in which all activity occurs within
a building or fully enclosed structure. Indoor recreation includes,
by way of example only, skating rinks, bowling alleys, gymnasia, racquetball
clubs and indoor tennis facilities.
A yard, field, or other parcel of land used as a place for
the disposal or long-term storage of:
Discarded, worn-out or junked plumbing, heating supplies, electronic
or industrial equipment, household appliances, or furniture;
Discarded, scrap, and junked lumber; or
Old or scrap copper, brass, rope, rags, batteries, paper, rubber,
and all scrap iron, steel and other ferrous or nonferrous material,
including motor vehicles.
Except as provided for in the definition of "pet care," the
term "kennel" shall apply to five or more dogs or five or more cats
owned singly or jointly and living on a single premises for any purpose,
including, but not limited to, breeding, hunting, show, training,
hobby, trails or exhibition purposes. The sale or exchange of one
litter of puppies within a twelve-month period alone does not constitute
the operation of a kennel.
An ordinance or regulation of general application adopted
by the municipal legislative body which controls, directs, or delineates
allowable uses of land and the standards for those uses.
[Added 9-25-2023]
An establishment primarily for the sale of new and used specialized
vehicles all larger than 10,000 pounds gross vehicle weight rating,
including but not limited to fire and rescue apparatus, drivable RV's,
and semi-tractor trailer trucks. This use includes repair, manufacturing,
fabrication and assembly, but does not include the processing or storage
of raw materials or salvaging operations. This use will be allowed
as a permitted use within the City's Business-Industrial (BI) Zoning
District and is restricted to parcels over 10 acres.
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, packaging, incidental storage, sales, and distribution
of such products. The use includes, by way of example only, the following:
bakeries, breweries, bottling, distilleries, printing and publishing,
pharmaceutical, machine shops, precision instruments, wood products,
assembly of electrical components, tool and die shops, and the packaging
of foods. Light industrial uses do not include the processing of raw
materials or salvaging operations.
Includes cattle, sheep, horses, goats, and other domestic
animals ordinarily raised or used on a farm. Turkeys or domesticated
fowl are considered poultry and not livestock under this definition.
[Added 11-29-2021]
A continuous area of land in single or joint ownership, described
on a deed, plot plan, or similar legal document and meeting the dimensional
standards of the chapter.
The area of land enclosed within the boundary lines of a
lot, minus land below the normal high-water line of a water body or
upland edge of a wetland and areas within rights-of-way serving more
than two lots.
The percentage of the lot area covered or occupied by principal
and accessory structures. In the shoreland zone, lot coverage shall
also include all nonvegetated areas, e.g., driveways, patios, and
pools.
The lines bounding a lot as defined below:
FRONT LOT LINEThe lot line separating the lot from a public road or private road.
REAR LOT LINEThe line opposite the front lot line, which, if extended in either direction, would not cross the lot.
SIDE LOT LINEAny lot line other than the front lot line or rear lot line.
A parcel of land, a legal description of which or the dimensions
of which are recorded on a document or map on file with the County
Register of Deeds.
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. For purposes
of this section, two types of manufactured housing are included. Those
two types are:
Those units constructed after June 15, 1976, commonly called
"newer mobile homes," that the manufacturer certifies are constructed
in compliance with the United States Department of Housing and Urban
Development standards, meaning structures transportable in one or
more sections, 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 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. This term also includes any structure that meets all
the requirements of this subsection except the size requirements and
with respect to which the manufacturer voluntarily files a certification
required by the Secretary of the United States Department of Housing
and Urban Development and complies with the standards established
under the National Manufactured Housing Construction and Safety Standards
Act of 1974, United States Code, Title 42, Section 5401, et seq.;
and
Those units commonly called "modular homes" that the manufacturer
certifies are constructed in compliance with Title 10, chapter 951,
and rules adopted under that chapter, meaning structures, transportable
in one or more sections, that are not constructed on a permanent chassis
and are designed to be used as dwellings on foundations when connected
to required utilities, including the plumbing, heating, air-conditioning
or electrical systems contained in the unit.
The making of goods and articles by hand or machinery. Manufacturing
shall include assembling, fabricating, finishing, packaging or processing,
and reconditioning or remanufacturing.
A docking area providing secure moorings for pleasure boats
and often offering supply, repair, and other related services for
boats.
[Added 11-29-2021[6]]
A development project comprehensively planned that permits
flexibility in building siting, mixtures of land uses, usable open
spaces and the preservation of significant natural features. Planned
development is also referred to as master planned development.
An individual or business that has registered with the state
pursuant to 22 M.R.S.A. § 2422, Subsection 8-A, as a caregiver.
The individual or business has established patients and is engaged
in growing medical marijuana outside of the caregiver's primary residence
(see "growing facility") pursuant to 22 M.R.S.A. § 2423-A,
Subsection 2B.
[Added 11-29-2021]
A building where marijuana plants are stored and cultivated
and may have patient rooms on site separate from plant cultivation
and processing. The facility must be locked and secured. The facility
cannot contain more than five separate licensees. The facility is
located separately from the caregiver's primary residence.
[Added 11-29-2021]
Hand sampling, test boring, or other methods of determining
the nature or extent of mineral resources which create minimal disturbance
to the land, and which include reasonable measures to restore the
land to its original condition.
The closest distance between the side lot lines of a lot.
DEVELOPMENTA type of development or zoning that blends residential, commercial, cultural, institutional, or entertainment uses into one space, where those functions are to some degree physically and functionally integrated, and that provides pedestrian connections.
STRUCTUREA building in which both residential and commercial uses are located.
A parcel of land under unified ownership approved by the
City and used for the placement of three or more mobile home units.
Unified ownership does not include condominium associations, homeowners'
associations, or similar organizations.
A permanent marker set by a land surveyor to mark or reference
a point on a property, or land line which is permanently marked.
A stationary underwater device, such as a granite block or
mushroom anchor, which, with chains, lines and mooring buoy, is intended
to hold fast a vessel, aircraft, floating dock or buoy.
Buildings and premises where gasoline and/or other motor
fuels such as compressed natural gas (CNG), electricity, and hydrogen
may be dispensed, and where oil, grease, batteries, tires and automobile
accessories may be sold at retail, and where repairs may be made.
A residential or mixed-use development consisting of three
or more dwelling units in which the buildings are designed and constructed
as part of the overall development. The distinguishing characteristic
of a multiunit residential project is that it is designed and developed
with a common, consistent architectural style. The dwelling units
in a multifamily residential project may be in single-family dwellings,
two-family dwellings, or multifamily dwellings, or any combination
thereof, and may be located on a single lot or on multiple lots.
[Amended 9-25-2023]
Facilities which are owned or operated by the City of Saco
for the conduct of the City's business, including, but not limited
to, municipal office buildings, public schools, public works garages
and facilities, public safety buildings, parks and playgrounds, solid
waste disposal systems and sewerage facilities.
A business that sells prepackaged food and beverages and/or
food and beverages prepared on the premises for consumption on the
premises or for take-out, together with sundries, household goods,
and other convenience goods, primarily to residents or occupants of
a specific area, such as an employment center or residential neighborhood.
All activity shall occur within a fully enclosed building with no
provisions for drive-through service and/or the sale of motor fuels.
A single lot of record which, at the effective date of adoption
or amendment of this chapter, does not meet the lot area, lot area
per dwelling unit, lot coverage, or frontage requirements of the district
in which it is located.
A structure that does not meet one or more of the space and
bulk standards of the district in which it is located, including those
for setbacks and height.
A use of premises that is not permitted in the district in
which it is located but which is allowed to remain solely because
it was in lawful existence at the time this chapter or subsequent
amendments took effect.
The date upon which the Planning Board issues a receipt indicating
that a complete application has been submitted.
A facility for outdoor recreational activity operated by
an entity other than the City of Saco, including cross country ski
centers, riding stables, ballfields, parks and playgrounds, and similar
uses, but not including motorized rides and uses allowed as part of
an amusement park.
The regular display by a retailer of stock-in-trade outside
of an enclosed structure. The term includes, but is not necessarily
limited to, businesses which involve an outside parking or display
area for the sale of cars, trucks, motorcycles, campers, farm equipment,
recreational vehicles, or mobile homes; businesses involved in the
outdoor sale of used merchandise, other than at flea markets, which
is separately defined; and similar outdoor sales activities. For purposes
of this chapter, the serving of food by an eating and drinking place
at outside tables shall not constitute outdoor sales.
Keeping of goods, material, vehicles, and any other equipment
associated with the principal use of a building outside.
A building or portion of a building containing offices and
facilities for providing medical, dental, and psychiatric services
for outpatients only.
A piece of land used for and equipped with facilities for
recreation, especially by children.
[Added 11-29-2021]
Any premises used for the storage of four or more motor vehicles
at any time and on or in which no gasoline or automobile accessories
sales or other business is located. Such commercial lots shall be
operated as private business ventures in and of themselves and not
accessory to another commercial enterprise, such as shopping centers
and restaurants.
A party wall is a dividing partition between two adjoining
buildings that is shared by the occupants of each residence or business.
A place or building adjacent to a railroad line which provides
access to a train for passengers and/or goods. This term also includes
a bus station. A terminal may include such uses as ticket counters,
restaurant and coffee shops, travel agents, postal services, retail
uses, and other uses normally associated with transit stations.
Person or entity responsible for review of applications and
issuance of particular approvals under this chapter. The term, "permitting
authority," refers to the Code Enforcement Officer, City Planner,
or Planning Board, depending on the applicable ordinance section.
An individual, corporation, governmental agency, municipality,
trust, estate, partnership, association, two or more individuals having
a joint or common interest, or other legal entity.
Establishments engaged in providing services involving the
care of the person or personal apparel, including but not limited
to, barbershops, beauty shops and manicurists, tailors, laundromats,
shoe repair shops, tattoo parlors, massage therapists, and photographic
portrait studios.
Any place, building, tract of land, abode, or vehicle wherein
or whereon privately owned dogs or other pets, or both, are kept for
their owners in return for a fee. This definition shall also include
the temporary keeping of animals for grooming purposes in return for
a fee.
A commercial, nonprofit, or governmental use that provides
a place for public gatherings and events, such as theaters, concert
halls, auditoriums, function halls, clubs, and similar venues. A place
of public assembly or entertainment may include facilities for the
provision or sale of food and beverages to people attending activities
or events or the sale of related merchandise, such as souvenirs, specialty
apparel, or items related to the activities occurring at the site.
A building or structure, or groups of buildings or structures,
that, by design, construction or intent, are primarily intended for
conducting organized religious services and associated accessory uses.
A place of worship may include but is not limited to a church, synagogue,
temple, mosque or other facility that is used for prayer by persons
of similar beliefs.
The primary use to which the premises are devoted, and the
main purpose for which the premises exist.
A category of road not intended to be dedicated to the City
as a public street, but built to City street standards.
Any facility, including, but not limited to, buildings, property,
recreation areas, and roads, which is owned, leased, or otherwise
operated, or funded by the governmental body or public entity.
A facility for a recognized public purpose, such as an auditorium,
library, or park, which is operated by a nonprofit organization or
by a public agency other than the municipality.
A building necessary for the furnishing of essential services
(as defined herein). This building shall not be intended for personnel,
but for such things as, but not limited to, switching stations, relay
stations and sewage pumping stations.
The division of an existing subdivision or any change in
the plan for an approved subdivision which affects the lot lines,
including land transactions by the applicant not indicated on the
approved plan.
A place designed and equipped for the conduct of sports,
leisure-time activities, and other customary and usual indoor and
outdoor recreational activities, excluding boat launching facilities.
A vehicle or vehicular attachment designed for temporary
sleeping or living quarters for one or more persons, which is not
a dwelling, and which may include a pick-up camper, travel trailer,
tent trailer and motor home.
A recreational vehicle containing no more than 400 square
feet of floor area, not counting recreational vehicle accessory enclosures.
A facility for the collection and processing of recyclables,
excluding sewage sludge, into marketable resources. Such facilities
include, but are not limited to, materials recovery facilities and
recycling drop-off centers. The term does not include incinerators,
other disposal facilities, or facilities that process general municipal
solid waste.
An entity registered under 22 M.R.S.A § 2425-A,
that manufactures, sells, supplies or dispenses marijuana plants,
harvested marijuana, marijuana-based products, or related supplies
and educational materials to qualifying patients and the caregivers
of those patients. A registered dispensary shall only be allowed as
an accessory use to a medical marijuana growing facility (see definition
above). Only one dispensary shall be allowed on a property.
[Amended 11-29-2021[7]]
A business providing for the repair of personal and business
property, such as radios and televisions; electrical and electronic
equipment; computers; cell phones; watches, clocks, and jewelry; furniture
and upholstery; sporting equipment; musical instruments; small engine
repair, and similar items, but not including the repair of motor vehicles,
boats, or heavy equipment. Retail sales of parts and supplies shall
be allowed, provided such sales are accessory to the repair service.
A building or group of buildings in which are located facilities
for scientific research, investigation, testing, or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the main purpose of the laboratory.
The sale of goods and services to end users of the goods
and services. For purposes of this chapter, eating and drinking establishments
do not constitute a retail use. The sale of any form of marijuana
or marijuana derived product, whether it is medical or adult use marijuana,
except from a lawfully sited registered dispensary is not a permitted
sale.
[Amended 11-29-2021]
Frontage on a street other than an existing or proposed arterial
street.
An establishment where the public is permitted to ride horses.
Horse riding lessons may also be provided.
A channel between defined banks. A channel is created by the
action of surface water and has two or more of the following characteristics:
It is depicted as a solid or broken blue line on the most-recent
edition of the United States Geological Survey 7.5-minute series topographic
map or, if not available, a fifteen-minute series topographic map;
It contains or is known to contain flowing water continuously
for a period of at least six months of the year in most years;
The channel bed is primarily composed of mineral material such
as sand and gravel, parent material or bedrock that has been deposited
or scoured by water;
The channel contains aquatic animals such as fish, aquatic insects
or mollusks in the water or, if no surface water is present, within
the stream bed;
The channel contains aquatic vegetation and is essentially devoid
of upland vegetation.
River, stream or brook does not mean a ditch or other drainageway
constructed, or constructed and maintained, solely for the purpose
of draining stormwater, or a grassy swale.
A route or track consisting of a bed of exposed mineral soil,
gravel, asphalt, or other surfacing material constructed for or created
by the repeated passage of motorized vehicles.
PUBLIC ROADAny road or street under the jurisdiction of and maintained by a public authority and open to public travel.
PRIVATE ROAD OR DRIVEWAYEvery way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
PUBLIC AND PRIVATE (INCLUDING PAROCHIAL SCHOOLS)Institutions for education or instruction in any branch or branches of knowledge or a place where knowledge is imparted, and which satisfies either of the following requirements:
COMMERCIAL SCHOOLSSchools or institutions which are commercial or profit-oriented. Examples thereof are dancing, music, riding, correspondence, aquatic schools, driving or business.
NURSERY SCHOOLA house, facility, or other place licensed by the state as a nursery school in which a person or combination of persons maintains for consideration during the day a regular program which provides care for three or more children under eight years of age.
A building or structure accommodating individual storage
rooms or area leased or rented to the public exclusively for the storage
of personal or business-related property, such rooms or areas being
accessible though individual private entrances. This use does not
fall within "wholesale trade and warehousing" herein defined.
Any utility line extension which does not cross or run beneath
any portion of a water body provided that in the case of electric
service, the placement of wires and/or the installation of utility
poles is located entirely upon the premises of the customer requesting
service or upon a roadway right-of-way; and the total length of the
extension is less than 1,000 feet. In the case of telephone service,
the extension, regardless of length, will be made by the installation
of telephone wires to existing utility poles, or the extension requiring
the installation of new utility poles or placement underground is
less than 1,000 feet in length.
A species of tree, typically deciduous, that provides shade,
has a branch structure that does not conflict with or obstruct vehicle
sight distances or pedestrian circulation, and that has a height at
maturity in excess of 35 feet.
An accessory detached structure used for residential storage.
This definition shall also include shipping containers or storage
containers.
The normal high-water line or upland edge of a coastal or
freshwater wetland.
A device, structure, banner, fixture, inflatable, awning,
or placard using graphics, symbols, and/or written copy designed specifically
for the purpose of communication, advertising, or identifying products,
goods, services, or activity.
FREESTANDING SIGNA sign supported by pole(s), and permanently attached in the ground or attached to something buried in the ground, and not supported by any building or structure. Monument signs are included in this category.
LED SIGNLight emitting diode sign.
OFF-PREMISES SIGNA sign that is not located on the lot of which it is appurtenant.
OFF-PREMISES DIRECTIONAL SIGNA sign designed to aid the traveling public in locating a business on another property.
NONCONFORMING SIGNA sign that does not entirely comply with the terms of this chapter.
PROJECTING SIGNA sign attached to the outside wall of a building and projecting therefrom at a 90° angle.
ROOF SIGNA sign erected above or on the roof of a building.
TEMPORARY SIGNA sign not intended for long-term use, and that is not permanently attached to the ground.
WALL SIGNA sign painted on or attached to and erected parallel to the outside wall of any building.
The following areas to the extent that they have been mapped
by the Department of Inland Fisheries and Wildlife or are within any
other protected natural resource: habitat, as defined by the Department
of Inland Fisheries and Wildlife, for species appearing on the official
state or federal list of endangered or threatened animal species;
high and moderate value deer wintering areas and travel corridors
as defined by the Department of Inland Fisheries and Wildlife; seabird
nesting islands as defined by the Department of Inland Fisheries and
Wildlife; and critical spawning and nursery areas for Atlantic salmon
as defined by the Department of Marine Resources; and
Except for solely forest management activities, for which "significant
wildlife habitat" is as defined and mapped in accordance with § 480-I
by the Department of Inland Fisheries and Wildlife, the following
areas that are defined by the Department of Inland Fisheries and Wildlife
and are in conformance with criteria adopted by the Department of
Environmental Protection or are within any other protected natural
resource:
A business that services and repairs small equipment, such
as snow blowers, lawnmowers, rototillers, chainsaws, trimmers, garden
tractors, and similar equipment powered by a gasoline engine or motor
of less than 20 horsepower or its equivalent. Small engine repair
includes the sales of parts, supplies, and accessories for small equipment.
Small engine repair does not include the repair or servicing of motor
vehicles, motorcycles, boats or marine engines, all-terrain vehicles
(ATVs), or heavy equipment.
A solar photovoltaic cell, panel, or array, or solar thermal
collector device, that relies upon solar radiation as an energy source
for the generation electricity or transfer of stored heat.
A parcel of land with a lot depth to shore frontage ratio
greater than 5:1.
Human genitals in a state of sexual stimulation or arousal;
acts of human masturbation, sexual intercourse, fellatio or sodomy;
and fondling or other erotic touching of human genitals, pubic regions,
buttocks or female breast.
A structure where two or more animals are sheltered and fed.
This definition includes operations which chiefly board, train and
show horses, but does not include riding stables open to the public.
The part of precipitation including runoff from rain or melting
ice and snow that flows across the surface as sheet flow, shallow
concentrated flow, or in drainageways. "Stormwater" has the same meaning
as "storm water."
Methods, techniques, designs, practices, and other means
to control the quality and quantity of stormwater that are approved
by the Maine Department of Environmental Protection. Stormwater BMPs
are identified in "Stormwater Management in Maine: Best Management
Practices," which is published periodically by the Maine Department
of Environmental Protection.
A public or private way, including, but not limited to, alleys,
avenues, boulevards, highways, roads and streets.
A "wall" that generally abuts the sidewalk and helps to define
and enclose the street corridor, creating a sense of activity, intensity
and spatial containment. In Saco, Main Street from the railroad tracks
to Beach Street, and several other downtown streets, provide examples
of desirable street walls.
Anything constructed or erected, the use of which requires
a fixed location on or in the ground, or an attachment to something
having a fixed location on the ground, or requires specialized equipment
to move, including buildings, billboards, signs, commercial park rides
and games, carports, porches, commercial swimming pools, and other
building features, but not including sidewalks, fences, driveways,
parking lots and noncommercial swimming pools (whether aboveground
or in-ground).
ACCESSORY STRUCTUREA structure that is customarily both incidental and subordinate to the principal structure. The term "incidental," in reference to the principal structure, shall mean both subordinate and minor in significance to the principal structure, and attendant to the principal structure.
PRINCIPAL STRUCTUREThe building in which the principal use of the lot is conducted.
Subdivision shall be defined as in the state subdivision
law, 30-A M.R.S.A § 4401 et seq. as amended from time-to-time.
For subdivisions which include roads, substantial construction
shall mean the completion of the road base. For subdivisions without
roads the completion of one unit and the issuance of an occupancy
permit shall constitute substantial construction.
A commercial establishment storing or offering for sale building
supplies, including, but not limited to, lumber, raw earthen materials,
steel supplies, coal, heavy equipment, feed and grain, and similar
goods. The term does not include the wrecking, salvaging, dismantling
or storage of automobiles and similar vehicles.
A change in elevation where the referenced percent grade
is substantially maintained or exceeded throughout the measured area.
The City's design manual, outlining design standards and
specifications for certain development infrastructure requirements.
A club organized for teenagers.
The cutting and removal of trees from their growing site,
and the attendant operating of cutting and skidding machinery, but
not the construction or creation of roads. Timber harvesting does
not include the clearing of land for approved construction.
A vertical structure upon which can be located one or more
antennas for the purpose of transmitting or receiving telecommunications
as authorized by the Federal Communications Commission. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
similar structures.
The vertical component of a small wind energy system that
elevates the wind turbine generator and attached blades above the
ground.
These terms shall be defined as in 30-A M.R.S.A § 4401.
Land or buildings used as a relay station for the transfer
of a load from one vehicle to another or one party to another. The
terminal cannot be used for permanent or long-term accessory storage
for principal land uses at other locations. The terminal facility
may include facilities for the repair of those trucks associated with
the terminal.
Lots not connected to the municipal sewer system.
Any land or water area, usually only a few acres in size,
which is undeveloped, and which contains natural features of unusual
geological, botanical, zoological, ecological, hydrological, other
scientific, educational, scenic, or recreational significance. By
way of illustration, and not limitation, such areas may include: rare
or exemplary plant communities; individual plant species of unusual
interest because of size, species or other reasons; unusual or exemplary
bogs; unusually important wildlife habitats, particularly those of
rare or endangered species; unusual landforms; fossils and other deposits
of importance to geologists; outstanding scenic areas; and others
of similar character.
A relaxation of the dimensional standards as stated in § 230-1604.
A place where qualified persons practice the science of prevention,
cure, or alleviation of disease and injury in animals (especially,
but not limited to, domestic animals).
[Added 11-29-2021[8]]
The volume of all portions of a structure enclosed by roof
and fixed exterior walls as measured from the exterior faces of these
walls and roof.
A building intended for the shipping and receiving of goods
and articles, which may include associated assembly, finishing, and
packaging.
A building or area for the biological decomposition and stabilization
of organic matter under aerobic conditions of high temperature resulting
in a humus-like product that can be used as a soil amendment.
Any pond, lake, river, stream, brook or tidal area, except
that for purposes of shoreland zoning, "water body" shall mean any
great pond, river or stream.
Uses related to docks, piers, wharves, relative to the recreational
use of waters, for which uses or structures a permit from the Department
of Environmental Protection and/or the permitting authority is required.
Facilities that store water, such as reservoirs, fish hatcheries,
sewage lagoons, and farm ponds. This term does not include swimming
pools.
Refer to Shoreland Zoning Article.
Any structure, antenna, tower or other device which provides
radio/television transmission, commercial mobile wireless services,
unlicensed wireless services, cellular phone services, specialized
mobile radio communications (SMR), common-carrier wireless exchange
phone services, personal communications service (PCS) or pager services.
Wireless telecommunications facilities shall be considered a principal
use.
The horizontal area of land on a lot not occupied by a structure.
The three types of yards are as below:
YARD, FRONTThe area of land between the front lot line and the nearest part of the principal building, and the two side lot lines.
YARD, SIDEThe area of land between the side lot line and the nearest part of the principal building.
YARD, REARThe area of land between the rear lot line and the nearest part of the principal building, and the two side lot lines.
A sale, conducted indoors or out-of-doors, of used household
goods, curios, and the like. Yard (or garage) sales, as distinguished
from flea markets, shall be considered to be accessory uses under
this chapter and shall not be conducted more frequently than four
days in any six-month period.
[1]
Editor's Note: Amendment #3 of this ordinance also provided
that "all said Zoning Amendments are to be applied retroactively back
to January 11, 2021."
[2]
Editor's Note: See 30-A M.R.S.A. § 3755-A, Subsection
1C.
[3]
Editor's Note: Amendment #3 of this ordinance also provided
that "all said Zoning Amendments are to be applied retroactively back
to January 11, 2021."
[5]
Editor's Note: Amendment #3 of this ordinance also provided
that "all said Zoning Amendments are to be applied retroactively back
to January 11, 2021."
[6]
Editor's Note: Amendment #3 of this ordinance also provided
that "all said Zoning Amendments are to be applied retroactively back
to January 11, 2021."
[7]
Editor's Note: Amendment #3 of this ordinance also provided
that "all said Zoning Amendments are to be applied retroactively back
to January 11, 2021."
[8]
Editor's Note: Amendment #3 of this ordinance also provided
that "all said Zoning Amendments are to be applied retroactively back
to January 11, 2021."
