[HISTORY: Adopted by the Town of Kittery 1-24-2022 by Ord. No. 22-01[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 16.3,
Land Use Zone Regulations, as amended.
Except where specifically defined in this chapter, all words
used in this title carry their customary dictionary meanings. Words
used in the present tense include the future, and the plural includes
the singular; the word "lot" includes the word "plot"; the word "building"
includes the word "structure"; the words "shall" or "must" are always
mandatory; "occupied" or "used" are considered as though followed
by the words "or intended, arranged or designed to be used or occupied";
and gender-specific words (e.g., she, he, his, hers) include the opposite
sex equivalent.
As used in this title, the following terms shall have the meanings
indicated:
See "base flood."
That which is contiguous to, or shares, a common boundary line. The owner of a property that is contiguous to or shares a common boundary line is an abutter. See § 16.5.2, § 16.7.10C(2)c and § 16.8.9C(3)c on abutter notification process when a new development or redevelopment is proposed.
A subordinate building on the lot, the use of which is incidental
to that of the main or principal building.
A dwelling unit which is part of an existing structure on the property where the owner of the property occupies one of the units. See § 16.5.3 for accessory dwelling unit general performance standards.
A structure that is subordinate to and serves a principal
building or use on the lot.
A use customarily incidental and subordinate to a principal
use and located on the same lot with such principal use. See "principal
use" definition.
The natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
Any business in any use category, a substantial or significant
portion of which consists of selling, renting, leasing, exhibiting,
displaying or otherwise dealing in materials, actions, and/or devices
of any kind which appeal to prurient interest and which depict or
describe specified sexual activities, including but not limited to:
Live entertainment, books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, video cassettes or
video reproductions, slides or other visual representations which
are characterized by the depiction or description of "specified sexual
activities"; or
Instruments, devices or paraphernalia which are designed for
use in connection with "specified sexual activities."
The percentage of income a household is charged in rent and
other housing expenses, or must pay in monthly mortgage payments (including
insurance, HOA fees, and taxes), does not exceed 30% of a household's
gross income, or other amount established in town regulations that
does not vary significantly from this amount.
A dwelling unit that may be rented for year-round occupancy
for which the rental cost does not exceed the maximum cost set forth
for households making up to 80% of area median income, as determined
by HUD's York-Kittery-South Berwick Metro Fair Market Area (HMFA)
limits. Annual rent increases are limited by deed restriction, lease
agreement or other legally binding agreement to the percentage increase
in the HUD York-Kittery-South Berwick Metro Fair Market Area (HMFA)
median income figures for a household of that size.
A dwelling unit that may be purchased for year-round occupancy
for which the selling price does not exceed the maximum price set
forth for households making up to 120% of area median income, as determined
by HUD's York-Kittery-South Berwick Metro Fair Market Area (HMFA)
limits. The resale price is limited by deed restriction or other legally
binding agreement for all future sales of the unit, or a lesser term
if permitted by regulations, to the percentage increase in the HUD
York-Kittery-South Berwick Metro Fair Market Area (HMFA) median income
figures for a household of that size.
One dwelling unit of either affordable housing for rent or
affordable housing for sale.
A residential use occupied principally by residents who are
at least 55 years of age (or in the case of a couple, at least one
of whom is at least 55 years of age) in which the accommodations are
all dwelling units with private bathrooms and cooking facilities.
Occupants of this residential use may also include handicapped individuals
of any age. Age-restricted housing does not include residential care
facilities that are typically referred to as independent living units,
congregate care units, assisted living units, dementia or Alzheimer's
units or hospice units, or a nursing care or convalescent care facility
that provides nursing services.
An owner of land whose property is directly or indirectly
affected by the granting or denial of a permit or variance under this
title; a person whose land abuts land for which a permit or variance
has been granted; or any other person or group of persons who have
suffered particularized injury as a result of the granting or denial
of such permit or variance.
The production, storage, keeping, harvesting, grading, packaging, processing, boarding, or maintenance for sale or lease of plants and/or animals, 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, horse, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees, and forest berries; vegetables; nursery, floral, ornamental, and greenhouse products; but excluding marijuana. Agriculture does not include agriculture for personal use nor forestry or sawmills, as defined in this chapter. See § 16.5.5 for agriculture general performance standards.
A premises, area, fenced enclosure, building or structure, or portion thereof, used or designed for the keeping of pigs. See § 16.5.6 for agriculture, piggery general performance standards.
A premises, area, fenced enclosure, building or structure, or portion thereof, used or designed for the keeping of poultry or fowl. See § 16.5.7 for Agriculture, poultry facility general performance standards.
Includes but is not limited to clock towers, bell steeples,
utility/light poles, water towers, and similar alternative-design
mounting structures that camouflage or conceal the presence of antennas
or towers, referred to by the industry as "stealth" technology.
The total volume of vehicle traffic of a road, street, or
highway for a year divided by 365 days, as determined by methods approved
by the American Association of State Highway and Transportation Officials
(AASHTO).
Any apparatus designed for telephonic, radio, television
or similar communications through the sending and/or receiving of
electromagnetic waves.
The growing or propagation of harvestable freshwater, estuarine
or marine plant or animal species.
Enclosed place for the exhibition, production and sales of
art.
A value of real property derived from a mass appraisal technique
in accordance with market value and is equitable to similarly situated
properties within the Town.
Any sign of lightweight fabric or similar material that is
mounted for display at one or more edges.
The area of a tree stem derived by measuring the diameter
of a standing tree measured 4.5 feet from ground level and inclusive
of bark.
The flood having a 1% chance of being equaled or exceeded
in any given year, commonly called the "100-year flood."
An area of land that provides native perennial vegetation
and foraging habitat fitting for game birds, songbirds, pollinators
and other symbiotic species.
[Added 4-11-2022]
An area below the first floor having a floor-to-ceiling height
of six feet or more and 50% of its volume below the existing ground.
A home occupation in a single-family dwelling in which lodging
or lodgings with meals served before 12:00 noon are offered to the
general public for compensation, offering no more than six bedrooms
for lodging purposes.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce the
pollution of water bodies. BMPs also include treatment requirements,
operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw
material storage.
The surface of any building or structure which is available
for hire for advertising goods or services not provided on the premises.
Official business directional signs (OBDS) are not considered billboards.
The Board of Appeals of the Town of Kittery; may be referred
to as the "BOA."
A facility designed primarily for the launching and landing
of watercraft, and which may include an access ramp, docking area,
and parking spaces for vehicles and trailers.
A nonresidential structure designed exclusively for the protection,
storage, repairing and maintenance of boats for noncommercial purposes.
A business or gainful occupation where boats are hauled,
stored, repaired and/or constructed.
A wall that is not part of the structural support of the
building and is intended, through its design and construction, to
collapse under specific lateral loading forces without causing damage
to the elevated portion of the building or supporting foundation system.
A channel between defined banks, including the floodway,
associated floodplain wetlands, where the channel is created by the
action of surface water and characterized by the lack of upland vegetation
or presence of aquatic vegetation and by the presence of a bed devoid
of topsoil containing waterborne deposits on exposed soil, parent
material or bedrock.
A combination of physical space and vertical elements, such
as but not limited to plants, berms, fences or walls, the purpose
of which is to separate and screen incompatible land uses from each
other.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of persons, animals
or property. Each portion of a building separated from other portions
by a fire wall is considered as a separate structure.
The aggregate or the maximum horizontal area of all buildings
on the lot including accessory buildings but excluding cornices, eaves
or gutters projecting not more than 24 inches. Pet shelters, playground
equipment, tree houses, and structures that are not also buildings
are not used in calculating building coverage. Additionally, this
is not to be construed to mean the aggregate of floors in a multilevel
building.
Linear footage along the face of the building containing
the main public entry, commonly labeled "front elevation" on building
plans.
For the purposes of the sign regulations, any corporation,
trust, partnership or other verifiable legal entity with the object
of gain, benefit or advantage.
A building, or portion thereof, in which there are located
the offices of a profession or business, including, but not limited
to, banks, insurance, realtors, attorneys, appraisers, engineers,
architects, landscape architects, accountants, dentists, optometrists
and physicians.
For the purposes of the sign regulations, a workplace of
a business other than an employee's or employer's personal residence.
Establishments primarily engaged in providing services to
business enterprises on a fee or contract basis, including, but not
limited to, advertising, credit agencies, photocopying, commercial
graphics, computer programming, cleaning and maintenance services,
employment agencies, data processing, consulting and public relations,
security and business equipment rental.
Any area or tract of land use to accommodate two or more
people, including tents, trailers or other camping outfits, not to
be used as permanent residence.
All parts of the plant of the genus Cannabis whether growing
or not, the seeds thereof, the resin extracted from any part of the
plant and every compound, manufacture, salt, derivative, mixture or
preparation of the plant, its seeds or its resin including cannabis
concentrate. This term does not include industrial hemp, fiber produced
from the stalks, oil, cake made from the seeds of the plant, sterilized
seed of the plant that is incapable of germination or any ingredient
combined with cannabis to prepare topical or oral administrations,
food, drink or any other product. Cannabis also means marijuana.
The more or less continuous cover formed by tree crowns in
a wooded area.
A private or public place set apart for the interment of
the dead. In the absence of an apparent boundary, i.e., fence, stone
wall, survey markers, survey plan, or information from the Kittery
Historical and Naval Society or other reliable historic sources, the
perimeter of the interment area is determined by starting with a ten-foot
distance from existing tombstones and expanded, where necessary, to
form a final rectilinear area.
A document signed by the Code Enforcement Officer stating that a structure is in compliance with all of the provisions of § 16.5.11I
A permit issued by the Code Enforcement Officer that authorizes
the recipient to make use of property in accordance with the requirements
of this title and applicable state and federal requirements.
The main or essential nature, especially as strongly marked
and serving to distinguish.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq., also known as the "Clean Water Act") and any subsequent amendments
thereto.
Any timber harvesting on a forested site greater than one
acre in size which, over a ten-year period, results in an average
residual basal area of trees over six inches in diameter of less than
30 square feet per acre, unless one or both of the following conditions
exist:
If after harvesting the average residual basal area of trees
over one inch in diameter measured at 4.5 feet above the ground is
30 square feet per acre or more, a clear cut does not occur until
the average residual basal area of trees six inches or larger measured
at 4.5 feet above the ground is less than 10 square feet per acre;
or
After harvesting, the site has a well-distributed stand of trees
at least five feet in height that meets the regeneration standards
applicable under 12 M.R.S.A. Chapter 805, § 8869(1).[1]
The location of more than one telecommunications facility
(use) on a tower or alternative tower structure.
The person duly authorized by the Town to carry out the duties
as prescribed herein and in the Town Administrative Code.
The active use of lands, buildings, wharves, piers, floats,
docks or landings with the principal intent of such activity being
the production of income by an individual or legal business entity
through the operation of a vessel(s). This activity may be either
a principal or accessory use as herein defined.
A building or structure used by a business or in the production
of income, which is designed and/or used for the indoor propagation
and/or cultivation of plants.
A commercial operation that: 1) provides food and shelter
and care of eight or more domestic animals for purposes not primarily
related to medical care; or 2) has at any one time eight or more animals
for the purpose of commercial breeding.
A structure which is used by a business entity to serve the
general public by providing marine-related services.
The vessel is used for commercial or home occupation use
when its principal purpose or use is in the pursuit of one's business
or trade for the purpose of earning a livelihood. The burden of proof
in establishing the commercial or home occupation use of a vessel
lies with the vessel owner.
A building or buildings which is principally used to conduct
commercial educational classes including but not limited to trade
schools, schools of art, beauty, business, dancing, driving, music,
martial arts, but not including private nursery, elementary or secondary
schools. Retail sales of items related to the school are allowed as
an accessory use to commercial schools.
The use of lands, buildings or structures, other than a home
occupation defined below, the intent and result of which activity
is the production of income from the buying and selling of goods and/or
services, exclusive of rental of residential buildings and/or dwelling
units.
The Town of Kittery and its people.
The compact or built-up section of the Town means a section
of the street or way where structures are nearer than 200 feet apart
for a distance of 1/4 mile.
Any part or element of the plan or policy for the development
of the Town, as defined in 30-A M.R.S.A. § 4301, as issued
in the Kittery Comprehensive Plan as approved by the Town Council,
or subsequent revisions or additions thereto.
A facility used for conferences, seminars and meetings, including
accessory accommodations for food preparation and eating, recreation,
entertainment, resource facilities, and meeting rooms.
A type of land use which in its simplest form allows a reduction
of the pertinent zoning district's dimensional requirements,
such as lot size, frontage and setbacks, on a property to be subdivided
while permanently protecting open space on the property based on certain
criteria and objectives.
[Added 10-24-2022]
Drawings showing the location, profile, grades, size and
type of drains, sewers, water mains, underground fire alarm ducts,
pavements, of streets, miscellaneous structures, etc.
The performance of work and/or the furnishing of supplies
to members of the building trades, such as, but not limited to, plumbing,
painting, building, well drilling, carpentry, masonry or electrical
installation, which requires, or customarily includes, the storage
of materials and/or the location of commercial vehicles at the site.
Lots which adjoin at any line or point or are separated at
any point by a body of water less than 15 feet wide.
An individual or firm engaged in a business that causes the
disturbance of soil, including grading, filling and removal, or in
a business in which the disturbance of soil results from an activity
that the individual or firm is retained to perform.
A facility that is licensed by the State of Maine to provide
nursing care to persons during periods of recovery or rehabilitation.
The facility provides nursing care and related rehabilitation services.
The facility does not provide hospital services except as incidental
to the delivery of nursing care. A convalescent care facility does
not include any facility that is defined as an elder care facility.
A lot or parcel of land abutting on two or more streets at
their intersection or on two parts of the same street forming an interior
angle of less than 135°. In zones where yards are required:
Such corner lots, located at the intersection of two streets,
are deemed to have a side rather than a front yard between the principal
building and the side street. Such side yard may not be less than
the front yard requirements of uses located on the side street.
Such corner lots, located at the intersection of two streets,
are deemed to have a side rather than a rear yard between the principal
building and the abutting property on the side street. Such side yard
may not be less than the side yard requirements of uses located on
the side street.
All such side yards described above must conform to the specific
regulations related to yard space and related building height contained
in the district provisions of this title.
See definition for "building coverage."
A lighting fixture or luminaire that controls glare by directing
light well below the horizontal. A cutoff fixture limits the direction
of light so that a maximum of 2 1/2% of the total lamp lumens
shine above 90° or a line parallel to the surface of the ground
and a maximum of 10% of the lamp lumens shine above 80°, including
any above 90°, as shown in the following sketch.
 |
A calendar day unless otherwise indicated.
A house or other place conducted or maintained by anyone
who provides on a regular basis and for consideration, care and protection
for three or more unrelated children under 16 years of age, who are
unattended by their parent(s) or guardian(s), for any part of a day.
Any facility, the chief purpose of which is to provide education,
is not considered a day-care facility.
An unenclosed, unroofed exterior platform structure, with
or without railings, which is elevated aboveground and is typically
of wood construction, whether attached to a building or freestanding.
A deck is not a water-dependent structure.
A handbook which is intended to supplement, illustrate and
amplify various sections of this Title 16, Land Use and Development
Code, and which is on file in the Town offices.
A building listed on or located within a historic district
listed on the National Register of Historic Places or a list of historic
buildings or local historic districts published by the Maine Historic
Preservation Office, or contained in the Town's adopted Comprehensive
Plan.
The total area of all existing and proposed structures, driveways,
parking areas and other nonvegetated surfaces located in the Shoreland
Overlay and Resource Protection Zones.
Any person, firm, corporation or other legal entity that
makes application for any type of development within the Town.
Numerical standards relating to spatial relationships, including,
but not limited to, setbacks, lot width and area, shore frontage,
percent of lot coverage and height.
Any disability, infirmity, malformation, disfigurement, congenital
defect or mental condition caused by bodily injury, accident, disease,
birth defect, environmental conditions or illness; and also includes
the physical or mental condition of a person which constitutes a substantial
handicap as determined by a physician or, in the case of mental handicap,
by a psychiatrist or psychologist, as well as any other health or
sensory impairment which requires special education, vocational rehabilitation
or related services.
For the purposes of stormwater regulation, means any spilling,
leaking, pumping, pouring, emptying, dumping, disposing or other addition
of pollutants to waters of the state. "Direct discharge" or "point
source" means any discernible, confined and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation or vessel or other floating craft, from which pollutants
are or may be discharged.
A warehouse or specialized building with refrigeration or
climate control, stocked with products to be shipped to retailers,
wholesalers or directly to consumers.
Land altered by the clearing of vegetation, grading, excavation
and redevelopment. The cutting of trees without grubbing, stump removal,
and the disturbance or exposure of soil is not considered to be disturbed
area. Work performed in order to continue the original line and grade,
hydraulic capacity, and the original purpose of the land or the improvements
thereon is not considered to be disturbed area.
The slip or waterway extending between two piers or projecting
wharves or cut into the land for the reception of vessels.
A man-made, regularly maintained channel, trench or swale
for conducting water that has a direction of flow to remove surface
water or groundwater from land by means of gravity. For the purposes
of this title, any new activity that reroutes a streambed or dredges
a wetland is not considered to be a "drainage ditch." Where a drainage
ditch widens out into a larger wetland, a route no more than 12 feet
in width can be considered to be the drainage ditch. The remainder
is considered wetlands unless it is demonstrated that the originally
developed drainage ditch was designed to be greater than 12 feet in
width.
To move or remove, by digging, scraping, scooping or suctioning,
any earth, sand, silt, mud, gravel, rock or other material from the
bottom of a water body or wetland surface.
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 transaction.
A vehicular accessway less than 500 feet in length serving
two lots or less.
A building designed or used as the living quarters for one
or more families. The term does not include motel, rooming house,
hotel, inn, club, trailer, or structures solely used for transient
or overnight occupancy.
A room or group of rooms forming a habitable unit for one
household, with facilities used or intended to be used for living,
sleeping, cooking, eating and sanitary facilities. Such a unit must
meet the building code standards adopted and amended from time to
time by Maine's Bureau of Building Codes and Standards.
A room or group of rooms designed and equipped exclusively
for use as permanent, seasonal, or temporary living quarters for only
one family at a time and containing cooking, sleeping and toilet facilities.
The term includes mobile homes and rental units that contain cooking,
sleeping, and toilet facilities regardless of the time period rented.
Recreational vehicles are not dwelling units.
A dwelling unit, located on its own lot that shares one or
more common or abutting walls with one or more dwelling units. The
common or abutting wall must be shared for at least 25% of the length
of the side of the dwelling.
A dwelling unit that shares a common lot as well as common
open space and may share a parking area and/or accessory structures.
Manufactured housing shall be defined according to 30-A M.R.S.A. § 4358, as amended from time to time. See § 16.5.15 for manufactured housing general performance standards.
A structure that contains three or more dwelling units that
share common walls or floors/ceilings with one or more units. The
land underneath the structure is not divided into separate lots.
A detached dwelling unit located on its own lot.
A building that contains two primary dwelling units on one
lot. The units must share a common wall or common floor/ceiling.
The authorization of a property owner for the use by another,
and for a specified purpose, of any designated part of the owner's
property.
The projecting lower edges of a roof overhanging the wall
of the building.
A facility that provides short-term care, supervision and
recreation and social activities for elderly and handicapped individuals,
in which the participants do not stay overnight.
A nonbasement building:
Built, in the case of a building in Zone A1 — 30, AE,
A, A99, AO or AH, to have the top of the elevated floor, elevated
above the ground level by means of pilings, columns, post, piers or
stilts; and
Adequately anchored so as not to impair the structural integrity
of the building during a flood of up to one foot above the magnitude
of the base flood.
In the case of Zone A1 — 30, AE, A, A99, AO or AH, "elevated
building" also includes a building elevated by means of fill or solid
foundation perimeter walls less than three feet in height with openings
sufficient to facilitate the unimpeded movement of floodwaters.
An official form (FEMA Form 81-31, 05/90, as amended) that:
Operations conducted by or on behalf of the municipality
for the public health, safety or general welfare, such as protection
of resources from immediate destruction or loss, law enforcement and
operations to rescue human beings, property and livestock from the
threat of destruction or injury.
One or more devices, assembled together, capable of storing
energy in order to supply electrical energy at a future time to the
local power loads, utility grid, or for grid support.
[Added 4-11-2022]
Energy storage system installations exceeding the one- and
two-family and townhouse standards, excluding energy storage system
dedicated-use buildings, pursuant to NFPA 855, Standards for the Installation
of Stationary Energy Storage Systems, as amended.
[Added 4-11-2022]
A building constructed on-site that is only used for energy
storage, energy generation, or electrical grid-related operations,
pursuant to NFPA 855, Standards for the Installation of Stationary
Energy Storage Systems, as amended.
[Added 4-11-2022]
An energy storage system capable of being moved and utilized
as a temporary source of power.
[Added 4-11-2022]
Energy storage system installations associated with one-
and two-family dwellings and townhouse dwelling units pursuant to
NFPA 855, Standards for the Installation of Stationary Energy Storage
Systems, as amended.
[Added 4-11-2022]
The construction, alteration or maintenance 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 storage tanks. Such systems
may include towers, poles, wires, mains, drains, pipes, conduits,
cables, fire alarms, all police call boxes, traffic signals, hydrants
and similar accessories, but do not include service drops or buildings
which are necessary for the furnishing of such services.
For the purposes of stormwater regulation, means any person
who is subject to a multisector general permit for industrial activities,
a general permit for construction activity, a general permit for the
discharge of stormwater from the Maine Department of Transportation
and the Maine Turnpike Authority, municipal separate storm sewer systems,
or a general permit for the discharge of stormwater from state or
federally owned authority, municipal separate storm sewer system facilities,
and any nonstormwater discharge permitted under a National Pollutant
Discharge Elimination System permit, waiver, or waste discharge license
or order issued to the discharger and administered under the authority
of the U.S. Environmental Protection Agency (EPA) or the Maine Department
of Environmental Protection (DEP).
An increase in the footprint of a structure, including all
extensions, such as, but not limited to, piers or attached decks,
garages, porches and greenhouses.
The addition of weeks or months to a use's operating season;
additional hours of operation; or the use of more floor area or ground
area devoted to a particular use.
The Federal Aviation Administration.
One or more persons occupying premises and living as a single
housekeeping unit.
An event where farmers, ranchers, and other agricultural
producers sell food, plants, flowers, marine-products, and added-value
products, such as jams and jellies or handmade crafts, they have grown,
raised, caught, or prepared for retail sale. In addition, some vendors
sell food that is available for immediate consumption on site, and
some may be community groups, services, or other vendors or organizations.
Farmers' markets occur on a regular basis in the same location. They
are free and open to the public. Some markets are seasonal, while
others occur year-round.
The Federal Communications Commission.
Materials such as select soils, rock, sand and gravel added
to a land area or wetland area.
The act of adding and/or placing fill into or upon a land
area or wetland area.
A float extending from the main float of a pier, ramp and
float system that creates slips and/or increases the pier or float
edge available for mooring boats.
Any fabric containing distinctive colors, patterns or symbols,
used as a symbol of a government or recognized political subdivision.
A platform that floats and is anchored, moored or secured
at or near the shore, used for landing or other purposes.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
That portion of land which has 1% chance of flooding in any
given year, as designated on Flood Insurance Rate Maps issued by the
Federal Insurance Administration, if available, or on Flood Hazard
Boundary Maps issued by the Federal Insurance Administration.
An official map of a community on which the Administrator
of the Federal Insurance Administration has delineated both the special
hazard areas and the risk premium zones applicable to the community.
See "flood elevation study."
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents or water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A(1) of this definition.
The highest level of flood that, on the average, is likely
to occur once every 100 years (that has a 1% chance of occurring in
any given year). See "base flood."
A designated AO or AH Zone on a community's Flood Insurance
Rate Map (FIRM), with a 1% or greater annual chance of flooding to
an average depth of one feet to three feet, where a clearly defined
channel does not exist, where the path of flooding is unpredictable,
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
The land in the floodplain having a 1% or greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study cited in § 16.5.11C, Establishment of areas.
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including, but not limited to,
emergency preparedness plans, flood-control works, and floodplain
management regulations.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance, and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
Any land area susceptible to being inundated by water from
any source (see "flood").
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and contents.
See "regulatory floodway."
The lines marking the limits of floodways on federal, state
and local floodplain maps.
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.
Timber cruising and other forest resource evaluation activities,
pesticide or fertilizer application, management planning activities,
timber stand improvement, pruning, regeneration of forest stands,
and other similar or associated activities, exclusive of timber harvesting
and the construction, creation or maintenance of roads.
The supporting substructure of a building or other structure,
including, but not limited to, basements, slabs, sills, posts or frost
walls.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors, such as wave action, bridge openings,
and the hydrological effect of urbanization of the watershed, that
could contribute to flood heights greater than the height calculated
for a selected size flood and floodway conditions.
A physical location, often a warehouse or a specialized building
with automation, from which a fulfillment provider fills customer
orders from multiple e-commerce retailers.
Those uses that require, for their primary purpose, location
on submerged lands or that require direct access to, or location in,
coastal and inland waters and which cannot be located away from these
waters. The uses include, but are not limited to, commercial and recreational
fishing and boating facilities, finfish and shellfish processing,
fish storage and retail and wholesale fish marketing facilities, waterfront
dock and port facilities, excluding recreational boat storage buildings,
shipyards and boat-building facilities, marinas, navigation aids,
basins and channels, industrial uses dependent upon waterborne transportation
or requiring large volumes of cooling or processing water and which
cannot reasonably be located or operated at an inland site, and uses
which primarily provide general public access to marine or tidal waters.
A room or rooms in which legal gaming or gambling is conducted.
Any banking or percentage game played for money, property,
or any representative of value with cards, dice, or any device or
machine and located exclusively within a facility licensed for such
activity.
The retail sales of fuel for motor vehicles, including, but
not limited to, gasoline, diesel fuel, biodiesel, kerosene, ethanol,
propane and hydrogen, and related goods and services. The gasoline
sales can be the principal use or accessory to another principal use,
such as a convenience store or other retail or service use.
An establishment for the retail sales of fuel for motor vehicles,
including, but not limited to, gasoline, diesel fuel, biodiesel, kerosene,
ethanol, propane and hydrogen, and related goods and services, and
may provide service and minor repairs for motor vehicles.
Excessive brightness that makes it difficult to see or that
causes discomfort. Glare includes direct glare, disability glare,
and discomfort glare.
Glare resulting from insufficiently shielded light sources
or areas of excessive luminance within the field of view.
The effect of stray light in the eye whereby visibility and
visual performance are reduced.
Glare producing discomfort. It does not necessarily interfere
with visual performance or visibility.
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
is to be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet (1,829 mm) from the building, between the building and a
point six feet (1,829 mm) from the building.
The sum of the horizontal areas of the floor(s) of a structure
enclosed by exterior walls or a roof, plus the horizontal area of
portions of the site used for customer seating, display of merchandise,
or outdoor sales.
Small plants, fallen leaves, needles and twigs, and the partially
decayed organic matter of the forest floor.
As defined in 38 M.R.S.A. § 1319-O, a waste substance
or material in any physical state, designated as hazardous by the
Board of Environmental Protection under 38 M.R.S.A. § 1303-C.
The vertical measurement from the average grade between the
highest and lowest elevation of the original ground level to the highest
point of the roof beams in flat roofs; to the highest point on the
deck of mansard roofs; to a level midway between the level of the
eaves and highest point of pitched roofs or hip roofs; or to a level
2/3 of the distance from the level of the eaves to the highest point
of gambrel roofs. For this purpose, the level of the eaves is taken
to mean the highest level where the plane of the roof intersects the
plane of the outside wall on a side containing the eaves. This is
not intended to include weather vanes, roof-mounted or building-integrated
solar energy systems, or residential antennas that protrude from a
roof, but does include all towers, excepting those utilized for amateur
radio communications, and other structures. Building height restrictions
do not apply to roadside utility poles approved by the Town Council
of less than 45 feet in height aboveground.
[Amended 4-11-2022]
The vertical distance between the mean original grade at
the downhill side of the structure and the highest point of the structure,
excluding chimneys, steeples, antennas, roof-mounted or building-integrated
solar energy systems, and similar appurtenances which have no floor
area.
[Amended 4-11-2022]
The distance measured from ground level to the highest point
on the tower or other structure, even if such highest point is an
antenna.
A map prepared by a certified soil scientist using the guidance
defined and prepared by the Maine Association of Professional Soil
Scientists. The soils must be identified in accordance with the National
Cooperative Soil Survey. The map must show the location of all test
pits used to identify the soils, and 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. Evaluations
of single soil test pits for subsurface waste disposal do not meet
the requirements for high-intensity soil surveys and are not suitable
replacement.
Any structure that is:
Listed individually on the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
of the Interior to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Any activity carried out for gain by a resident of the premises
with the permission of the property owner and conducted as an accessory
use to the principal residential use.
A type of home occupation that fails to meet all of the standards for a minor home occupation established in § 16.5.12, but is found by the Board of Appeals to satisfy the standards established in § 16.5.12 to ensure that a business results in no more than a minor intrusion in the quality of life of residents in the surrounding neighborhood.
The least intensive type of home occupation that meets the standards established in § 16.5.12 to ensure compatibility with the surrounding neighborhood.
An institution specializing in providing inpatient and outpatient
treatment and emergency services of a medical nature to human patients.
A hospital may include the offices or facilities of independent service
providers and/or a freestanding outpatient clinic or diagnostic facility
that operates as part of, or an adjunct to, the main facility.
A building or group of buildings in which lodging or boarding
and lodging capabilities are provided for more than 20 persons, and
offered to the public for compensation, and in which ingress and egress
to and from rooms are made primarily through an inside lobby or office
supervised by a person in charge at all hours. As such, it is open
to the public in contradistinction to a rooming house or a motel,
which are separately defined in this section.
A soil that in its undrained condition is saturated, flooded
or ponded long enough during the growing season to develop anaerobic
conditions that favor the growth and regeneration of wetland (hydrophytic)
vegetation. Soils found in Kittery which may be considered hydric
soils include but are not limited to Biddeford, Brayton, Chocorua,
Rumney, Scantic, Sebago, Vassalboro, Naumberg, Raynham and Waskish.
All hydric soils listed in the Natural Resources Conservation Service
list entitled "National Hydric Soils List by State" are included for
consideration in this title (http://soils.usda.gov/use/hydric/lists/state.html).
Plant life growing in water or on a substrate that is at
least periodically deficient in oxygen as a result of excessive water
content. Hydrophytic vegetation includes plants classified as obligate
wetland, facultative wetland, or facultative in the U.S. Fish and
Wildlife Service publication National List of Plant Species That Occur
in Wetlands: 1988 - Maine, as amended or superseded. This publication
is available at the municipal offices for inspection.
For the purposes of stormwater regulation, means any discharge
to the small municipal separate storm sewer system (MS4) that does
not consist entirely of stormwater or authorized nonstormwater discharges.
The total area of a parcel that consists of buildings and
any associated structures as well as roads, driveways, and parking
areas, whether paved or unpaved and any additional area that is covered
with a low-permeability material such as asphalt, stone or concrete
or compacted through design or use to reduce permeability.
Maps, plans, profiles, studies, cross sections and other
required details for the construction of all improvements.
An area of land which is not associated with a campground,
but which is developed for repeated camping by only one group not
to exceed 10 individuals and no more than one recreational vehicle,
and which involves site improvements which may include but not be
limited to gravel pads, parking areas, fireplaces or tent platforms.
The assembling, fabrication, finishing, manufacturing, packaging
or processing of goods, or the extraction of minerals.
Activity or activities subject to National Pollutant Discharge
Elimination System industrial permits as defined in 40 CFR 122.26(b)(14).
A facility and/or site used in the basic processing and manufacturing
of materials or products predominantly 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.
A facility used in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, blending, packaging, inside an enclosed
structure. Basic industrial processing, such as paper manufacturing,
petroleum processing, manufacture of explosives, production of chemicals
or fertilizer, are not light industrial uses.
A commercial place of lodging which contains a dwelling unit
occupied by an owner or resident manager, which has 12 or fewer guest
rooms, and may include a restaurant which also serves nonguests. Rentals
to the same party for more than 12 weeks in a calendar year are prohibited.
A channel of a stream, river or brook that is without flowing
surface water for at least one month of a year.
Grasses, forbs, shrubs or trees not native to the State of
Maine and which proliferate in and dominate vegetation to the exclusion
or elimination of native plants.
That date upon which a complete revision of the first zoning
ordinances was adopted by the Town and upon which certain existing
nonconforming conditions are considered to be protected (legally nonconforming).
A lot or part thereof exposed to the elements, which is used
for the sale or for the storage, keeping or abandonment of junk or
scrap materials, or the storage, dismantling, demolition, abandonment
or sale of construction equipment or machinery, or parts thereof or
of unregistered automobiles or other vehicles not in condition for
use on the public highway.
A place for loading or discharging persons or goods, as from
a vessel.
A vegetated area (naturally vegetated and/or landscaped)
located adjacent and parallel to a road or street and designed to
visually and functionally separate the roadway from the abutting property
upon which it is located.
A tree with a diameter at breast height (dbh) of at least
12 inches and which does not exhibit any indicators of stress, damage,
disease or decay that will limit its expected additional life to less
than 20 years.
Town Council.
The vertical distance between the surface that will be illuminated
by the fixture and the bottom of the light source (see "cutoff fixture"
diagram).
A building that lines the edge of a street or other public
space. Liner buildings are typically used to shield public space,
like a street or sidewalk, from something less desirable to view,
such as a parking garage. They can also be used to enclose a space
such as protecting a courtyard from a busy street. Where allowed,
a liner building must be a minimum of eight feet deep and a maximum
of 14 feet deep.
For purposes of § 16.5.11, Floodplain management, an elevation established for a specific site to which all other elevations at the site are referenced. This elevation is generally not referenced to the National Geodetic Vertical Datum (NGVD) or any other established datum and is used in areas where mean sea level is too far from a specific site to be practically used.
A parcel of land, legally created and recorded, having frontage
upon an approved public or private street; or a tract of land legally
created and recorded prior to July 13, 1977.
The area of land enclosed within the boundary lines of a
lot, minus:
The horizontal distance between the side lot lines, measured
at the setback lines.
The site-based process of developing land while minimizing
impacts on water resources and infrastructure. LID replicates the
natural hydrology of a site.
[Added 11-26-2018 by Ord.
No. 10-18]
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements described in § 16.5.11H.
A standard measure of light energy generated by a light source,
normally reported by the manufacturer of the lamp or bulb.
Manufactured housing shall be defined according to 30-A M.R.S.A. § 4358, as amended from time to time. See § 16.5.15.
Cannabis. See "Cannabis" definition.
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, and to sell adult-use marijuana, adult-use
marijuana products, immature marijuana plants and seedlings to consumers.
An adult-use marijuana store, marijuana cultivation facility,
medical marijuana registered dispensary, medical marijuana caregiver
retail store, marijuana manufacturing facility, or marijuana testing
facility.
A facility licensed by the State of Maine to purchase marijuana
plants and seeds from other cultivation facilities; to cultivate,
prepare and package marijuana; to sell marijuana, marijuana seedlings,
plants and seeds to products manufacturing facilities, marijuana stores,
caregivers or other cultivation facilities.
Means 1) 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 2) a facility
licensed under 28-B M.R.S.A. 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.
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 registered in accordance
with state law to provide care for a qualifying patient in accordance
with state law.
A medical marijuana registered caregiver business operating
on the property of a dwelling unit serving as the primary residence
of the registered caregiver.
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 facility constructed for water-dependent uses, used exclusively
or in part for the storing, servicing, fueling, berthing, and securing
of boats.
The estimated price a property will bring in the open market
and under prevailing market conditions in a sale between a willing
seller and a willing buyer, both conversant with the property and
with prevailing general price levels.
A place where people transfer between modes of transportation
or any premises for the transient housing or parking of buses, trains
or ride-sharing vehicles and the loading and unloading of passengers.
A conceptual, integrated design and infrastructure plan for
the development of a master planned property, in which:
The development standards are applied to the land as defined
by its perimeter, rather than by the individual lots, tracts and parcels
into which the land may be divided; and
The standards are applied to the proposed master site development
boundary rather than to individual lots, tracts and parcels within
the development.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to
which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
Establishments primarily engaged in mechanical or electronic
repair or maintenance of motorized or mechanical equipment, such as,
but not limited to, welding repair, small engine repair, tool sharpening,
and refrigeration and air-conditioning repair, but excluding repair
garages.
Any operation within any twelve-month period which removes
more than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay,
rock, peat or other like material from its natural location and to
transport the product removed away from the extraction site.
Hand sampling, test boring or other methods of determining
the nature or extent of mineral/earth resources which create minimal
disturbance to the land and which include reasonable measures to restore
the land to its original condition.
A commercial facility for the storage of consumer or business
property on a rental basis in which the tenant receives the exclusive
use of a storage unit or locker and can access the unit to drop off
or retrieve property at designated times.
The gross area of a parcel not subject to subdivision regulations
minus the land area listed below. Where land areas to be subtracted
overlap, the area therein shall be subtracted once. For land area
subject to subdivision, see "net residential acreage."
All land located below the highest annual tide elevation as
published in the Maine DEP Highest Annual Tide (HAT) levels for the
most current year.
All wetlands as defined in the definition of "wetland," as well
as vernal pools, ponds, streams and other water bodies.
All land located on filled tidal lands, per the definition of
"tidal land, filled."
All land located within existing rights-of-way and other existing
easements wherein dwelling units cannot be built.
A building occupied by two or more types or categories of
principal uses (for example, residential and office, or office and
retail) in which any category of uses occupies at least 10% of the
gross floor area of the building.
Mobile home park shall be defined according to 30-A M.R.S.A. § 4358, as amended from time to time. See § 16.5.17.
A building or group of detached or connected buildings designed,
intended or used primarily to provide sleeping accommodations without
cooking facilities for travelers for compensation and having a parking
space adjacent to a sleeping room. An automobile court or a tourist
court with more than one unit or a motor lodge is deemed to be a motel.
A conveyance or system of conveyances designed or used for
collecting or conveying stormwater [other than a publicly owned treatment
works (POTW), as defined at 40 CFR 122.2, or a combined sewer], including,
but not limited to, roads with drainage systems, municipal streets,
catch basins, curbs, gutters, ditches, human-made channels or storm
drains owned or operated by any municipality, sewer or sewage district.
Maine Department of Transportation (MaineDOT), Maine Turnpike Authority
(MTA), state agency or federal agency or other public entity that
discharges directly to waters of the state other than groundwater.
See also "regulated small MS4" and "small MS4."
Town of Kittery, Maine.
A permit issued by the EPA or by the DEP that authorizes
the discharge of pollutants to waters of the United States, whether
the permit is applicable on an individual, group, or general area-wide
basis.
The "waters of the United States including territorial seas"
as defined in the Federal Clean Water Act[2] and 33 CFR Part 328, as amended.
The number of dwelling units in a subdivision per net residential
acre. This is calculated by dividing the net residential acreage by
the square feet specified as minimum land area per dwelling unit in
the dimensional standards in § 16.4 for the relevant base
zone or overlay zone(s) where applicable.
Structures for which the "start of construction" commenced
on or after the effective date of floodplain management regulations
adopted by a community, and includes any subsequent improvements to
such structures.
A commercial establishment whose primary business is the
buying and selling or offering to negotiate a sale of new motor vehicles,
including related service activities, and has a franchise from a distributor
or manufacturer. An establishment is "engaged in the business of buying,
selling or offering to negotiate the sale of a vehicle" if that business
buys motor vehicles for the purpose of resale, sells or offers to
negotiate the sale of more than five motor vehicles in any twelve-month
period, or displays or permits the display of three or more motor
vehicles for sale at any one time or within any thirty-day period
upon the premises, unless that person has owned and registered each
vehicle for at least six months.
A single lot of record which was created prior to July 13,
1977, or subsequently created by legislative or judicial decision,
which does not meet the area and/or frontage requirements of the district
in which it is located; or is the result of legally authorized development
created between July 13, 1977, and April 26, 1990, and became nonconforming
as a direct result of the implementation of this title.
A structure that does not meet one or more of the following
dimensional requirements: setbacks, yard, height or lot coverage.
It is allowed solely because it was lawful when created and became
legally nonconforming as a direct result of a change in the provisions
of this title.
Use of buildings, structures, premises, land or parts thereof
which is not allowed in the district and/or zone in which it is situated,
but which is allowed to remain solely because it was in lawful existence
when created or became legally nonconforming as a direct result of
a change in the provisions of this title.
It was lawfully created but became nonconforming due to a
change in the Town Code.
Any discharge to an MS4 that is not composed entirely of
stormwater.
The line which is apparent from visible markings, changes
in the character of soils due to prolonged action of the water or
changes in vegetation, and which distinguishes between predominantly
aquatic and predominantly terrestrial land.
A house or other place in which a person or combination of
persons maintains or otherwise carries out for consideration during
the day a regular program which provides care for three or more children
in accordance with 22 M.R.S.A. § 8401, provided that:
A facility that is licensed by the State of Maine to provide
nursing care to persons who are unable to care for themselves. The
facility provides long-term residential and nursing care to its residents.
The facility does not provide hospital services except as incidental
to the delivery of nursing care. A long-term nursing care facility
does not include any facility that is defined as a residential care
facility.
Any sign erected and maintained in accordance with the Maine
Traveler Information Services Act, 23 M.R.S.A. § 1901 et
seq., and regulations adopted pursuant to it, and which complies with
the requirements of this title.
The map adopted by the municipality showing the location
of public property, ways used in common by more than two owners of
abutting property, and approved subdivision or site plan, and any
amendments thereto adopted by the municipality or additions thereto
resulting from the approval of a subdivision or site plan by the Planning
Board and the subsequent filing for record of such plan.
The date upon which the Town Planner receives a complete
application and issues a receipt so indicating.
Includes all dedicated portions of a parcel that has vegetated
surfaces or is in an undisturbed natural state. "Open space" does
not include areas occupied by a building or a parking area, except
where required by the management plan in place to govern the open
space and as approved by the Planning Board. Vegetated surfaces of
outdoor commercial uses may be used to satisfy up to 50% of the required
open space on any parcel, except those parcels within a conservation
subdivision.
[Amended 10-24-2022]
Usable land within or related to a development, not individually
owned, which is designed and intended for the common use or enjoyment
of the residents of the development and may include such complementary
structures, improvements and uses approved by the Planning Board.
Such uses may include active or passive recreation or agriculture,
where permitted.
Land accessible or dedicated for public use.
Dedicated land that is permanently protected from further
development and remains in a natural condition or is managed according
to an approved management plan for natural resource functions, e.g.,
forestry, agriculture, habitat protection, passive recreation, or
limited uses as approved by the Planning Board as part of a conservation
subdivision.
[Amended 10-24-2022]
A dining area with seats and/or table(s) located outside
of a restaurant, which is either: a) located entirely outside of the
walls of the building of the subject business, or b) enclosed on two
sides or fewer by the walls of the building with or without a solid
roof cover, or c) enclosed on three sides by the walls of the building
without a solid roof cover.
Areas located outside of a building or structure that are
used for the delivery, handling, storage or processing of materials,
goods or wastes, including areas used for the servicing, repairing,
washing or fueling of motor vehicles and equipment.
Any person, corporation or other legal entity having record
title ownership to the property or the expressly authorized agent
or designee thereof.
The extension of the wall(s) of a building above the roof
eave and/or roofline.
See "tract or parcel of land."
Any public or private area, under, within or outside of a
building or structure, designed and used for parking motor vehicles,
including parking lots, garages, private driveways, and legally designated
areas of public streets.
A building constructed and used for the parking and storage
of motor vehicles.
[Added 4-11-2022]
An unenclosed, unroofed, exterior floor-like surface, usually
composed of brick, stone or concrete, situated no higher than 18 inches
above ground level, accessory to a dwelling and serving as an area
for outdoor living.
Any individual, firm, corporation, municipality, quasi-municipal
corporation, two or more individuals having a joint or common interest,
state agency or federal agency or other legal entity.
Establishments primarily engaged in providing services generally
involving the care of one's personal appearance or apparel, including,
but not limited to, barbers and beauty shops, laundries, photographic
studios, shoe repair, garment altering, and diaper services.
A structure built out into the water generally with piles
for use as a landing place.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
[Added 4-11-2022]
Dredged spoil, solid waste, junk, incinerator residue, sewage,
refuse, effluent, garbage, sewage sludge, munitions, chemicals, biological
or radiological materials, oil, petroleum products or by-products,
heat, wrecked or discarded equipment, rock, sand, dirt and industrial,
municipal, domestic, commercial or agricultural wastes of any kind.
An inspection and maintenance plan as required by rule for
projects that require approval by the Maine Department of Environmental
Protection (MDEP) under Chapter 500, Stormwater Management; or a plan
to inspect and maintain best management practices (BMPs) and stormwater
management facilities employed by a new development or redevelopment,
not subject to MDEP Chapter 500 rules, to meet the stormwater standards
of this Code.
Available and feasible, considering cost, existing technology,
and logistics, based on overall project purposes.
Legally existing prior to December 21, 1997, wireless communication
system facility (WCSF), towers/antennas and alternative tower structures.
Enlargements of WCSF, accessory use towers/antennas legally existing
prior to December 21, 1997, must conform to the requirements of this
title.
For the purposes of stormwater regulation, means any building,
lot, parcel of land, or portion of land, whether improved or unimproved,
including adjacent sidewalks and parking strips, located within the
municipality from which discharges into the storm drainage system
are or may be created, initiated, originated or maintained.
A person or an employee of that person, a licensed hospice
provider or licensed nursing facility that provides care for a qualifying
patient and is registered under 22 M.R.S.A. § 2425 and receives
Board of Appeals approval for a major home occupation.
The primary building on a lot or a building that shelters
or encloses the principal use on a lot.
The primary structure on a lot or a structure that supports,
shelters or encloses the principal use on the lot.
The primary or predominant use. An activity that is conducted
in conjunction with the principal use and such activity that either
constitutes only an incidental or insubstantial part of the total
activity that takes place on a lot; or is commonly associated with
the principal use and integrally related to it, is regarded as "accessory
to the principal use." An accessory to the principal use is regarded
as incidental or insubstantial if it is both incidental and insubstantial
in and of itself, and in relation to the principal use. Quantitative
measures for consideration in this determination include the percentage
and total amount of square footage attributed to the accessory to
the principal use and sales or income derived from the accessory to
the principal use.
A building which is owned and used as a meeting place for
private or semiprivate social organization and clubs such as grange
halls, fraternal organizations, religious institutions, etc., in which
the principal use is exclusively for members. Rental of the facilities
to outside groups is clearly incidental to the principle use and shall
not significantly increase the intensity of the use of the site, especially
regarding parking.
A structure which is owned and/or used by a private group,
club, association or other legal entity's organization, and is used
by its members only, and has frontage on navigable water, and as its
principal use provides offshore moorings and/or docking facilities
for vessels for use by its members and/or guests. The private marina
may also provide accessory boating services. These accessory boating
services may be provided to the boating public, members or guests.
In any case where aboveground electrical utilities are approved,
the plan is to be designed to avoid human residences as distant as
possible without prohibitive cost.
Any area where large numbers of individuals collect to participate
or to observe programs of participation.
Any facility, including, but not limited to, buildings, property,
recreation areas and roads which are owned, leased or otherwise operated,
or funded by a governmental body or public entity.
A building or buildings and its associated grounds which
is principally used to conduct educational classes including public
and private elementary schools and nursery schools, including postsecondary
schools, but not including commercial schools.
As defined in 35-A M.R.S.A. § 102, as amended.
Buildings, structures, and facilities, including generating
and switching stations, poles, lines, pipes, pumping stations, repeaters,
antennas, transmitters and receivers, valves, and all buildings and
structures relating to the furnishing of utility services, such as
electric, gas, telephone, water and sewer, to the public, excluding
solar energy systems. This definition excludes solar energy and energy
storage systems.
[Amended 4-11-2022]
A person who is certified by Enviro-Cert International in
erosion and sedimentation control practices or is certified by completing
the Maine Department of Environmental Protection Erosion and Sedimentation
Control Practices Workshop, or is a Maine professional engineer with
at least two years' experience in designing erosion and sedimentation
control BMPs.
[Added 5-8-2023]
A person who conducts post-construction stormwater management
facilities inspections for compensation and who has received a Certification
in Inspection and Maintenance of Stormwater BMPs from the Maine Department
of Environmental Protection or is a professional engineer in the State
of Maine with an understanding of stormwater infrastructure and its
required maintenance.
[Amended 5-8-2023]
The following soil series as described and identified by
the National Cooperative Soil Survey: Alluvial, Cornish, Charles,
Fryeburg, Hadley, Limerick, Lovewell, Medomak, Ondawa, Podunk, Rumney,
Saco, Suncook, Sunday and Winooski.
The use of a building for play, sports, games, fitness, and
other similar diversions operated as a business and open to the public
for a fee.
The use of a land outside of a fully enclosed building, as
defined, for play, sports, games, and other similar diversions operated
as a business and open to the public for a fee.
Outdoor recreational activities which have a low impact on
the environment and neighborhood and require no motorized vehicles,
significant earthmoving or substantial structures, such as hiking,
fishing, canoeing, hunting, cross-country skiing, and wildlife observation
and study. Benches and boardwalks, steps, railings and other structures
necessary to provide safe accessibility for physically handicapped
persons are allowed.
A facility open to the general public, for no charge or a
subsidized charge, where organized recreational or athletic activities
and events are held.
Open space owned by a public agency and maintained by it
for the use and enjoyment of the general public.
A vehicle or an attachment to a vehicle designed to be towed,
hauled, or driven and is primarily designed as temporary living accommodations
for one or more persons. The vehicle must be registered with the State
Division of Motor Vehicles.
Any lot or parcel of land upon which two or more sites are
located, established, or maintained for occupancy by recreational
vehicle for a fee as temporary living quarters for recreation or vacation
purposes.
Any small municipal separate storm sewer system (MS4) regulated
by the State of Maine general permit for the discharge of stormwater
from small municipal separate storm sewer systems, dated July 2013
("general permit"), renewed October 15, 2020, modified November 23,
2021, and any amendment or renewal thereof; including all those located
partially or entirely within an urbanized area (UA) and those additional
small MS4s located outside an UA that as of the issuance of the general
permit have been designated by the DEP as regulated small MS4s. The
Town of Kittery is a regulated small MS4.
[Amended 5-8-2023]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot; and
In riverine areas, is considered to be the channel of a river
or other watercourse and the adjacent land areas to a distance of
1/2 the width of the floodplain, as measured from the normal high-water
mark to the upland limit of the floodplain.
A structure of place in which worship, ceremonies, rituals,
and education pertaining to a particular system of beliefs are held.
An establishment providing for the repair or servicing of
motor vehicles. A repair garage does not include activities that are
defined as mechanical service or a junkyard.
A business providing for the repair of personal or small
business property, such as radios and televisions, household or office
electrical or electronic equipment, watches, clocks and jewelry, furniture
and upholstery, sporting equipment, and similar items, but not including
items included under mechanical services or automotive services and
repair.
A system intended to replace:
A building or group of buildings in which are located facilities
for technical or 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 facility.
A house or other place that, for consideration, is maintained
wholly or partly for the purpose of providing residents with assisted
living services. Residential care facilities provide housing and services
to residents in private or semiprivate bedrooms in buildings with
common living areas and dining areas. "Residential care facility"
does not include a licensed nursing home or supportive living arrangement
certified by the state.
A type of residential accommodation in a residential care
facility that has private sleeping and bathroom facilities but does
not have permanent complete cooking facilities within the unit. The
occupant of a residential care unit typically eats all or most of
meals in a shared dining room. Residential care units may have a portable
or removable kitchen or partial kitchen facilities such as a refrigerator
and microwave oven. A residential care unit may be a unit with a separate
bedroom, a suite or a room. A residential care unit is distinct from
a dwelling unit that is defined separately.
A pier and/or ramp and float system which is used in common
by lot owners or residents of a subdivision or residential planned
development. The purpose is to provide waterfront access to the owners
of lots in a residential development that has the potential for more
than one waterfront lot. The object is to minimize the number of piers,
ramps and floats resulting from new development.
A pier and/or ramp and float system which is used for the
residential home occupation workers in an approved functionally water-dependent
home occupation (minor or major) in addition to its customary residential
accessory use.
A pier and/or ramp and float system which is used by the
owners of not more than four residential shorefront lots, at least
one boundary of whose building lot lies within 1,000 feet of the lot
on which the joint/shared-use pier is constructed.
A pier and/or ramp and float system which is used by the
owner(s) of a single residential shorefront lot.
The sum of the basal area of trees remaining on a harvested
site.
A stand of trees remaining in the forest following timber
harvesting.
An establishment where food or food and drink are prepared
and sold for consumption on the premises by the public and includes
cafes, coffee shops and similar establishments that serve food.
The division of an existing subdivision or any change of
lot size therein or the relocation of any street or lot in a subdivision,
or any changes thereto.
Any business engaged primarily in the sale of goods for personal
or household consumption and/or use, and not for resale. The term
"retail sale" does not include specific types of retail uses that
are individually listed in § 16.4.
A retail establishment primarily engaged in selling lumber
and other building materials; paint, glass, floor covering and wallpaper;
hardware, drapery and upholstery; flowers and/or nursery stock, lawn
and garden supplies; modular homes and mobile homes.
A retail store containing less than 2,000 square feet of
gross floor area that is designed and stocked to sell primarily food,
beverages and other household supplies to customers who purchase only
a relatively few items (in contrast to a grocery store). It is designed
to attract and depends upon a large volume of stop-and-go traffic.
Supplementing these uses with accessory gasoline sales requires additional
parking and traffic considerations.
A platted and dedicated access route normally to back lot(s);
and as approved by the Planning Board and recorded in the York County
Registry of Deeds.
Rocks, irregularly shaped, and at least six inches in diameter,
used for erosion control and soil stabilization, typically used on
ground slopes of two units horizontal to one unit vertical or less.
A free-flowing body of water, including its associated floodplain
wetlands, from that point at which it provides drainage for a watershed
of 25 square miles to its mouth.
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
A route or track consisting of a bed of exposed mineral soil,
gravel, asphalt or other surfacing material constructed for or created
by the repeated passage of motorized vehicles, excluding driveways.
A residential use in which the owner or manager of the facility
resides on the premises and in which more than three persons who are
not part of the owner's manager's family are housed in rooms for compensation
with or without meals. This includes fraternities and sororities.
Areas along coastal waters (most often along coastal bays)
which support salt-tolerant species, and where, at average high tide
during the growing season, the soil is regularly inundated by tidal
waters. The predominant species is salt marsh cordgrass (Spartina
alterniflora). More open areas often support widgeon grass, eelgrass
and Sago pondweed.
Areas which support salt-tolerant plant species bordering
the landward side of salt marshes or open coastal water, where the
soil is saturated during the growing season, but which is rarely inundated
by tidal water. Indigenous plant species include salt meadow cordgrass
(Spartina patens) and black rush; common three-square occurs in fresher
areas.
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. Sawmill operations may be subject to state regulations.
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. Sawmill operations may be subject to state regulations. This
definition does not include the use of handheld chainsaws.
A method of significantly reducing the impact of noise and
unsightly visual intrusions with less offensive or more harmonious
elements, such as plants, berms, fences, walls, or any appropriate
combination thereof.
Either: 1) a strip of at least 10 feet wide, densely planted
(or having equivalent natural growth) shrubs or trees at least four
feet high at the time of planting, of an evergreen type that will
grow to a year-round dense screen at least six feet high in three
years; or 2) an opaque wall or barrier of uniformly colored fence
at least six feet in height. Screening of either type must be maintained
in good condition at all times.
See "subsurface wastewater disposal system."
Any utility line extension which does not cross or run beneath
any portion of a water body, provided that:
The minimum horizontal distance allowed from the upland edge of a wetland and/or from the normal high-water line to the nearest part of a structure (excluding cornices, eaves or gutters projecting not more than 24 inches), roads, parking areas, or other regulated activities. See Table 16.5.30, Minimum Setbacks from Wetlands and Water Bodies, for required horizontal distances, and § 16.7.8 and § 16.8.7 for applying setbacks in special situations. Adjacent to tidal waters, setbacks are measured from the upland edge of the coastal wetland.
An establishment occupied by a business or craftsperson in
a skilled trade, including, by way of example only, plumbing, carpentry
or electrical work. Not more than 10 people may be employed at and/or
work from the shop. The shop may include work space, storage space
and/or office space. A shop in pursuit of trades does not include
"construction services," which is separately defined.
A physical location that combines a business's retail functions
and its warehouse or distribution activities into one building. These
facilities provide customers options for viewing goods and placing
orders online or on-site. Products are stored and orders are processed
on-site.
The width of a lot as it fronts the shore as measured in
a straight line between the point of intersection of the side lot
lines with the shoreline at normal high-water elevation.
A plan for any development extending into or within 100 feet
of the upland edge of a coastal wetland, or into or within 100 feet
of the upland edge of a fresh water wetland shown on the Zoning Map,
including but not limited to public and private access paths; piers,
ramps and floats; storage of boats and/or floats; clearing of vegetation,
visual impact and controls to assure continuing conformance to the
plan.
The normal high-water line or upland edge of a wetland.
Any structure or part of the structure attached thereto or
painted or represented thereon, which displays or includes any letter,
word, model, banner, flag, pennant, insignia, trade name, trademark,
logo, device or representation used as, or which is in the nature
of, any announcement of the purpose of a business, entity or person,
direction or advertisement. The term "sign" does not include a flag.
The enclosed space within a geometric figure which contains
the advertising message, illustration, insignia or display, together
with any frame, color or other material which comprises the display
and is used to differentiate or draw attention to the sign and away
from the background. Each face of a sign is considered a separate
sign for area computations, but supporting brackets and posts are
not included.
Any sign or portion thereof designed to allow characters,
letters and numbers on the face of the sign to be changed or rearranged.
Any sign supported by a structure or supports that are permanently
anchored in the ground and that is independent from any building.
Any sign advertising real estate for sale, lease or rent.
A sign that is intended to remain where it is erected or
placed for a period of time not to exceed 21 days in any calendar
quarter.
A portable sign mounted on a chassis and wheels or supported
by legs.
Any MS4 that is not already covered by the Phase I MS4 stormwater
program including municipally owned or operated storm sewer systems,
state or federally owned systems, such as colleges, universities,
prisons, Maine Department of Transportation and Maine Turnpike Authority
Road systems and facilities, and military bases and facilities. The
Town of Kittery is a small MS4.
A soil's drainage class must be determined by a Maine-certified
soil scientist and based on the most recent Natural Resources Conservation
Service Supplemental Key for the Identification of Soil Drainage Class
that reflects the Maine Association of Professional Soil Scientists,
Key to Drainage Classes. The key includes, among other terms, the
following:
VERY POORLY DRAINEDWater is removed from the soil so slowly that the water table remains at or above the surface most of the year. A seasonal high-water table is at or above the surface from at least October through July and sometimes throughout the year. In August and September, the water table may recede below 12 inches. The high-water table severely limits the use of these soils for most agricultural, forestry, and urban activities. These soils are hydric and typically support a wetland plant community.
POORLY DRAINEDWater is removed from the soil so slowly that the soil remains wet most of the year. A seasonal high-water table is at or near the surface from October through June. In July, August and September it may recede below 16 inches. The seasonal high-water table limits the use of these soils for most agricultural, forestry, and urban activities. These soils are hydric and typically support a wetland plant community.
SOMEWHAT POORLY DRAINEDWater is removed from the soil slowly enough to keep it wet for significant periods of time but not the entire year. A seasonal high-water table is at seven inches to 16 inches in depth from October through May and sometimes June. From July to October, it may recede below 30 inches in depth. A seasonal water table limits the use of these soils for some agricultural, forestry and urban activities. These soils are not hydric in Maine and are commonly found in the transitional landscape positions between wetland and upland soils.
Space open to the sun and clear of overhangs or shade so
as to permit either or both the use of active and passive solar energy
systems on individual properties.
[Added 4-11-2022]
A solar photovoltaic cell, panel, or array or solar thermal
collector device that relies upon solar radiation as an energy source
for the generation of electricity or transfer of stored heat.
[Added 4-11-2022]
Radiant energy received from the sun that can be collected
in the form of heat or light by a solar collector.
[Added 4-11-2022]
A device or structural design feature, a substantial purpose
of which is to provide daylight for interior lighting or provide for
the collection, storage and distribution of solar energy for space
heating or cooling, electricity generation, or water heating.
[Added 4-11-2022]
A solar energy system 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.
[Added 4-11-2022]
Photovoltaic materials that are used to replace conventional
building materials in parts of a building envelope.
[Added 4-11-2022]
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic apparatuses associated
with the production of electricity.
[Added 4-11-2022]
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
[Added 4-11-2022]
An active solar energy system that is structurally mounted
to the ground and is not roof-mounted nor a component of a building;
may be of any size (small-, medium- or large-scale).
[Added 4-11-2022]
An active solar energy system whose physical size based on
total airspace projected over the ground is greater than 5,000 square
feet.
[Added 4-11-2022]
An active solar energy system whose physical size based on
total airspace projected over the ground is greater than 1,000 square
feet but less than or equal to 5,000 square feet.
[Added 4-11-2022]
An active solar energy system that is mounted on the roof
of a building or structure.
[Added 4-11-2022]
An active solar energy system whose physical size based on
total airspace projected over the ground is equal to or less than
1,000 square feet.
[Added 4-11-2022]
A use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning districts as special exceptions, if specific provision for such special exceptions is made in Chapter 16.4.
See "flood, area of special flood hazard."
A facility wherein food and/or beverage is produced, sold
on a wholesale and/or retail basis, distributed, and/or consumed on
the premises. This may include, but not be limited to, a brew pub,
microbrewery, coffee roaster and/or other facilities producing crafted
alcoholic or nonalcoholic beverages and/or artisan food.
The date the building/regulated activity permit was issued,
provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, substantial improvement or other
improvement was within 180 days of the permit date. The "actual start"
means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the "actual start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
The entire Town's storm drainage system.
Any stormwater runoff, snowmelt runoff, and surface runoff
and drainage.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
For any building that contains no floors in the vertical plane, every
10 feet or portion thereof counts as a floor.
Any story having its finished floor surface entirely above
grade, except that a basement is considered as a story above grade
where the finished surface of the floor above the basement is:
A channel between defined banks, including the floodway and
associated floodplain wetlands, where the channel is created by the
action of surface water and characterized by the lack of upland vegetation
or presence of aquatic vegetation and by the presence of a bed devoid
of topsoil containing waterborne deposits on exposed soil, parent
material or bedrock.
A way established or maintained under public authority, or a minimum forty-foot-wide private way constructed to Town standards as contained in Chapters 16.5 and 16.8, approved by the Planning Board and plotted, dedicated and recorded, or a way shown on a plan of a subdivision duly approved by the Planning Board. Also included are such ways as alleys, avenues, boulevards, highways, roads, streets and other rights-of-way.
A continuous portion of a boundary of a lot which abuts a
street, ordinarily regarded as the front of the lot. When a lot is
bounded by more than one street, any one of them, but only one, may
be designated as the frontage street by the owner, provided that the
lot meets the frontage requirement on that street, front, side and
rear yard setbacks, and that the principal building is numbered on
that street.
The exterior line of a street right-of-way which separates
it from abutting lots.
Any work which requires or contemplates any changes to the
structural capabilities of a building.
Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, or anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on or in the ground. The term includes decks. The term does not include fences less than eight feet in height, nor any required by the Planning Board or Town Planner to be taller; flagpoles no higher than 50 feet in height; signs located in conformance with § 16.5.23; and electricity generators and propane and oil tanks for residential use only and the pads on which they are located, provided the pad is less than 20 square feet in size.
Any person, firm, corporation or other legal entity making
application for the subdivision of land or buildings within the Town.
The division of a tract or parcel of land into three or more
lots within any five-year period that begins on or after September
23, 1971. This definition applies whether the division is accomplished
by sale, lease, development, building or otherwise. The term "subdivision"
also includes the division of a new structure of structures on a tract
or parcel of land into three or more dwelling units within a five-year
period, the construction or placement of three or more dwelling units
on a single tract or parcel of land and the division of an existing
structure or structures previously used for commercial or industrial
use into three or more dwelling units within a five-year period, as
set forth in 30-A M.R.S.A. § 4401, as amended.
The final drawings on which an applicant's plan of a subdivision
is presented to the Planning Board for approval and which, if approved,
must be filed for the record with the Municipal Clerk and York County
Registry of Deeds.
The preliminary drawings indicating the proposed layout of
the subdivision to be submitted to the Planning Board for its consideration.
Any subdivision containing more than four lots or any subdivision
requiring any new public street extension or the extension of public
or municipal facilities.
A subdivision containing not more than four lots.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the assessed value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
Any system designed to dispose of waste or wastewater on
or beneath the surface of the earth. These include, but are not limited
to, septic tanks, disposal fields, holding tanks, pretreatment filters,
piping, or any other fixture, mechanism or apparatus used for such
purposes. This definition does not include any discharge system licensed
under 38 M.R.S.A. § 414, any surface wastewater disposal
system or any municipal or quasi-municipal sewer or wastewater treatment
system. (See also "wastewater" and "domestic wastewater.")
A change in elevation where the referenced percent grade
is substantially maintained or exceeded throughout the measured area.
A structure which by type and materials of its construction
is erected for not more than 30 days with a permit from the CEO. Such
structures include tents, portable bandstands, bleachers, reviewing
stands, a mobile home, tractor trailers or structures of a similar
character. Temporary structures erected in conjunction with licensed
circuses are not construed to be temporary structures under this title.
A building or portion of a building for the showing of motion
pictures or the presentation of dramatic, musical or other live performances.
An open lot devoted primarily to the showing of motion pictures
and theatrical productions on a paid admission basis to patrons seated
in automobiles.
Portions of the submerged and intertidal lands that have
been rendered by human activity to be no longer subject to tidal action
or below the natural low-water mark after October 1, 1975.
All waters where the high-water line is affected by the ebb
and flow of tidal action.
Selective cutting or removal of 10 or more cords, or the equivalent
thereof, but no more than 40% of the total volume of trees four inches
or more in diameter measured at 4 1/2 feet above ground level
on any lot in any ten-year period for the purpose of selling or processing
forest products. Clearing of land necessary for approved construction
is not considered as timber harvesting.
For the purposes of this title, timber harvesting activities
taking place outside the shoreland overlay zone on land classified
by the Town Assessor as enrolled in the state tree growth program
(36 M.R.S.A. §§ 571 to 584-A), which is conducted in
compliance with a forest management and harvest plan prepared by a
licensed professional forester, is not considered timber harvesting.
Any structure, whether freestanding or in association with
a building or other permanent structure, that is designed and constructed
primarily for the purposes of supporting one or more antennas, including
self-supporting lattice towers, guyed towers, or monopole towers.
The term includes radio and television transmission towers, microwave
towers, common carrier towers, cellular telephone towers, alternative
tower structures, and similar structures.
All contiguous land in the same ownership, except those lands
located on opposite sides of a public or private street are considered
separate tracts or parcels of land unless the street was established
by the owner of land on both sides of the street after September 22,
1971.
Land and buildings used as a relay station for the transfer
of a load from one vehicle to another. The terminal facility may include
storage areas for trucks and buildings or areas for the repair of
trucks associated with the terminal.
That portion of a road or driveway designed for vehicle travel.
Where a road or driveway surface is paved, the traveled way is that
portion of the road surface between the edges of the paved width.
A channel between defined banks created by the action of
surface water, whether intermittent or perennial, and which is characterized
by the lack of upland vegetation or presence of aquatic vegetation
and by the presence of a bed devoid of topsoil, containing waterborne
deposits on exposed soil, parent material or bedrock, and which flows
to a water body or wetland as defined. This definition does not include
the term "stream" as defined elsewhere in this title and only applies
to that portion of the tributary stream located within the shoreland
or resource protection overlay zones of the receiving water body or
wetland.
The boundary between upland and wetland. For purposes of
a coastal wetland, this boundary is the line formed by the landward
limits of the salt-tolerant vegetation and/or the elevation being
six feet above mean sea level based on the North American Vertical
Datum of 1988 (NAVD 88), including all area affected by tidal action.
For purposes of a freshwater wetland, the upland edge is formed where
the soils are not saturated for a time period sufficient to support
wetland vegetation or where the soils support the growth of wetland
vegetation, but such vegetation is dominated by woody stems that are
20 feet tall or taller; whichever is more restrictive.
The areas of the State of Maine so defined by the inclusive
sum of the 2000 decennial census and the 2010 decennial census by
the U.S. Bureau of the Census.
[Amended 5-8-2023]
A lot exposed to the elements which is used for the sale
of secondhand automobiles or trucks which can pass the state inspection
tests in their existing conditions.
A relaxation of the terms of this title where such relaxation
will not be contrary to the public interest and where, owing to conditions
peculiar to the property and not the result of the actions of the
applicant or prior owner, a literal enforcement of the title will
result in unnecessary or undue hardship.
As used in this title, a variance is authorized only for dimensional
requirements related to height, area and size of structure, or size
of yards and open spaces. Establishment or expansion of a use otherwise
prohibited is not allowed by variance, nor may a variance be granted
because of the presence of nonconforming uses in the particular zone
or adjoining zone.
All live trees, shrubs, ground cover and other plants.
Either or both a written document and site plan that includes
short- and long-term site management practices that will provide and
maintain native and naturalized vegetation, and in the instances of
a dual-use application, the reestablishment of prime agricultural
land in the instance fertile land becomes discontinued from agricultural
production to accommodate the solar energy system.
[Added 4-11-2022]
Vegetation that is native to Maine and does not include invasive
species.
[Added 4-11-2022]
A commercial establishment, operated by a licensed veterinarian,
for the medical and surgical care of sick or injured animals.
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.
Premises where goods or materials are stored in an enclosed
structure or in specific outdoor areas.
Any unwanted or discarded substance or material, whether
or not such substance or material has any future use, and includes
any substance or material that is spilled, leaked, pumped, poured,
emitted, disposed of, emptied, or dumped onto the land or into the
water.
Any domestic wastewater, or other wastewater from commercial,
industrial or residential sources that has attributes similar to those
of domestic wastewater. This term specifically excludes hazardous
or toxic wastes and materials. (Applicable only to Title 16. If there
is a conflict with the definition of "wastewater" in Title 13, the
Title 13 definition takes precedence.)
Any wastewater produced by ordinary living uses, including
liquid waste containing animal or vegetable matter in suspension or
solution, or the water-carried waste from the discharge of water closets,
laundry tubs, washing machines, sinks, dishwashers, or other source
of water-carried wastes of human origin.
A structure which is used by a business entity, Port Authority
or municipality having frontage on navigable water and, as its principal
use, provides for hire to the general public offshore mooring and/or
docking facilities for vessels used for any marine-related commercial,
industrial or fisheries use
Any pond, river, brook, stream, intermittent stream or coastal
wetland.
Any project extending from one bank to the opposite bank
of a water body, whether under, through or over the watercourse. Such
projects include but may not be limited to roads, fords, bridges,
culverts, waterlines, sewer lines and cables, as well as maintenance
work on these crossings.
See "functionally water-dependent use."
Areas that under normal circumstances have hydrophytic vegetation,
hydric soils and wetland hydrology, as determined in the Corps of
Engineers Wetlands Delineation Manual — Waterways Experiment
Station Technical Report Y-87-1, January 1987 (1987 manual). This
definition of wetland is based on the 1987 manual and is not subject
to further revisions and/or amendments.
Filling, dredging, removal of vegetation, muck or debris,
draining or otherwise changing the hydrology; construction or repair
of a structure. On a case-by-case basis and as determined by the Planning
Board, the term "alteration" may exclude:
Conversion of a nonwetland area into a wetland, where a wetland
never existed.
An activity increasing the value of one or more functions
in an existing wetland. Activities may also include improvements to
upland buffers where timber harvesting or other activities have degraded
the value for wildlife.
The roles wetlands serve which are of value to society or
the environment, including, but not limited to, floodwater storage,
floodwater conveyance, groundwater recharge and discharge, erosion
control, wave attenuation, water quality protection, scenic and aesthetic
use, food chain support, fisheries, wetland plant habitat, aquatic
habitat and wildlife habitat.
In general terms, a condition where permanent or periodic
inundation or prolonged soil saturation is sufficient to create anaerobic
conditions in the soil. According to the 1989 manual, inundation or
saturation for one week or more during the growing season and a water
table within at least 18 inches of soil surface is required to meet
the wetland hydrology criterion.
The maintenance of an area of wetlands or adjacent upland
so that it remains in a natural or undeveloped condition. Preservation
measures include, but are not limited to, conservation easements and
land trusts.
An activity returning a wetland from a disturbed or altered
condition with lesser acreage or fewer functions to a previous condition
with greater wetland acreage or function.
The importance of a wetland with respect to the individual
or collective functions it provides.
Those plants classified as obligate, facultative wetland
or facultative in the U.S. Fish and Wildlife Service publication,
Wetland Plants of the State of Maine, 1986, as amended or superseded.
All tidal and subtidal lands; all lands below any identifiable
debris line left by tidal action; all lands with vegetation present
that is tolerant of salt water and occurs primarily in a salt water
or estuarine habitat; and any swamp, marsh, bog, beach, flat or other
contiguous lowland which is subject to tidal action during the maximum
spring tide level as identified in tide tables published by the National
Ocean Service. Coastal wetlands may include portions of coastal sand
dunes.
A fresh water wetland dominated by woody vegetation that
is 20 feet tall or taller.
Noncoastal types of wetlands, including, but not limited
to, freshwater swamps, marshes, bogs and similar areas.
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 in this definition.
Wetlands contiguous with or adjacent to a river, and which
during normal high water are connected by surface water to the river.
Also included are wetlands which are separated from the river by a
berm, causeway or similar feature less than 100 feet in width, and
which have a surface elevation at or below the normal high-water line
of the river. Wetlands associated with rivers are considered to be
part of that great pond or river.
Any disturbance, including but not limited to filling, dredging,
draining, bridging and cutting or clearing of vegetation in the wetland
and buffer areas.
A structure on the shore, parallel to the shoreline of navigable
waters, alongside of which vessels can be brought for loading or unloading.
The sale of goods not produced on the premises primarily
to customers engaged in the business of reselling the goods.
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
access services, and personal communications service (PCS) or pager
services, and associated development. Telecommunications facilities
are considered a principal use.
Activity related to physical change for improvements and
not the engineering, production or correction of construction drawings,
or real estate marketing.
In the R-RL, R-U, R-S and B-L Zones, accessory building side
and rear yard setbacks that are at least 10 feet, except no building
may be closer than 30 feet to a principal building on an adjoining
lot.
An open area unoccupied by any structure, excluding cornices,
eaves or gutters projecting not more than 24 inches, on the same lot
with the building between the front line of the building and the front
line of the lot and extending the full width of the lot as it abuts
along a public or private street.
An open area unoccupied by any structure, excluding cornices,
eaves or gutters projecting not more than 24 inches, on the same lot
with the building between the rear line of the building and the rear
line of the lot and extending the full width of the lot.
An open area unoccupied by any structure, excluding cornices,
eaves or gutters projecting not more than 24 inches, on the same lot
with the building situated between the building and the side line
of the lot and extending from the front yard to the rear yard. Any
lot line not a rear line or a front line will be deemed a side line.
