As used in this Part 1, unless otherwise stated, the following terms shall have the meanings indicated below:
The owner of a property sharing a common boundary with another property or within 250 feet of a given piece of property, whether or not these properties are separated by a public or private way. Owners shall be considered to be parties listed by the Tax Assessor of Frye Island and the ones against whom taxes are assessed.
A subordinate building incidental to and located on the same lot with the main building which is customarily a garage, workshop, shed, and the like.
A use which is incidental and subordinate to the principal use. Accessory uses in the aggregate shall not subordinate the principal use of the lot.
Forty thousand square feet.
Providing day-care services on a regular basis, for financial consideration, for three or fewer unrelated adults who are medically dependent on others for assistance. Care services shall not be provided for more than 12 hours during any twenty-four-hour period.
[Amended 10-6-2001 TM by Art. 9]
Includes: the cultivation of the soil for food products, or other useful or valuable growths of the field or garden; nursery stock; and noncommercial greenhouses. It does not include dairying, the raising of livestock, or the breeding or keeping of animals, fowl or birds where the same is carried on as a business or gainful occupation.
Includes dairying, the raising of livestock, and the breeding or keeping of animals, fowl, or birds as a business or gainful occupation.
A lot without frontage on an existing way.
A single-family dwelling in which the resident(s) of the dwelling provide(s) short-term overnight lodging to paying guests in a maximum of seven guest rooms located within the dwelling or permitted attached structures. Breakfast shall be the only meal served and shall be limited to overnight guests.
The Board of Appeals of the Town of Frye Island, created in Article VI, Section 3, of the Town Charter.
A yard, field, or other area used to store two or more unserviceable, discarded, worn-out, or junked boats.
Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property.
The total of areas taken on a horizontal plane at the main finished grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps. All dimensions shall be measured between exterior faces of walls.
The vertical distance between the mean grade at the downhill side of the building and the highest point of the building, excluding chimneys, steeples, antennas, and similar appurtenances which have no floor area.
[Amended 10-6-2001 TM by Art. 15]
A building used primarily for conducting the affairs of a business, profession, service, industry, or government, or like activity, and may include ancillary services for office workers, such as a restaurant or newspaper or candy stand.
Any area or tract of land to accommodate two or more parties in temporary living quarters, including but not limited to tents and recreation vehicles.
[Amended 10-12-2002 TM by Art. 10]
A place where vehicles, of any size, are washed on a commercial basis.
An area used for the interring of the dead.
A building, or group of buildings, which is primarily intended for the conduct of religious services and associated accessory uses, with the exception of schools.
The removal or cutting of more than 25% of all trees on a lot, except as shown on an approved building permit in which post-construction remediation may be required.
[Amended 10-11-2008 TM by Art. 17]
A subdivision approved by the Planning Board, meeting the standards contained in Parts 1 and 2, including, but not limited to, § 10-1.13.
A person appointed by the Town Manager to administer and enforce these ordinances. Reference to the "Code Enforcement Officer" may be construed to include the Building Inspector, Plumbing Inspector, Electrical Inspector, and the like, where applicable.
An accredited, degree-granting institution of higher (post-secondary) education.
A place designed and equipped for the conduct of sports and leisure-time activities, operated as a business, and open to the public for a fee.
The processing of timber or logs, on a site other than the logged site, into fuel wood, lumber, or other products for resale.
A housing facility for eight or fewer mentally handicapped or developmentally disabled persons which is approved, authorized, certified, or licensed by the state. A community living facility may include a group home, foster home, or intermediate-care facility. Community living facilities must meet and maintain the standards contained in this Part 1.
Any part or element of the overall plan or policy for development of the Town.
A light fixture where the lamp or light bulb is housed within a frame or container and is not visible.
A lot under contiguous ownership which meets the full dimensional requirements for the zone in which it is located, to include frontage, lot width, and area. Deeded rights to an area of commonly owned land, such as in a cluster subdivision, shall not be included in the calculation of dimensions.
[Amended 10-6-2001 TM by Art. 10]
Drawings showing the location, profile, grades, sizes, types, and cross-sections, as applicable to the type of item, of all underground fire alarm, power, and telephone ducts, drains, sewers, water mains, pavements, streets, miscellaneous structures, etc.
That percentage of the plot or lot area covered by the buildings, paved areas, and other impervious cover.
A facility in which one or more persons provide for financial consideration a regular program of care and protection, for any part of a day, for four or more unrelated children under the age of 16. Care services shall not be provided for more than 12 hours during any twenty-four-hour period.
A dwelling in which the resident occupant provides for financial consideration a regular program of care and protection, for any part of a day, for from four to a maximum of 12 unrelated children under the age of 16. Care services shall not be provided for more than 12 hours during any twenty-four-hour period.
The Director of Public Works for the Town of Frye Island.
A room or group of rooms designed and equipped for use as living quarters for only one family, including provisions for living, sleeping, eating, and cooking. Mobile homes, campers, and recreational vehicles shall not be considered dwelling units.
A building designed or used as the living quarters for more than one family. This term excludes motels, rooming houses, mobile homes, and dwelling units with family apartments.
The right to use or restrict the use of land of another for or to specified purposes. The Planning Board shall review and approve the nature and substance of all proposed easements included as part of a Planning Board application for subdivision or site plan review.
A professional engineer licensed by the State of Maine.
One or more persons, related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. Up to five unrelated people may use a house as a "family" for the purposes of this Part 1.
The final drawings on which the subdivider's plan of subdivision is presented to the Planning Board for approval and which, if approved, may be filed for record with the Municipal Clerk and County Registry of Deeds.
Production of finished wood products for wholesale distribution or sale at another site, including but not limited to picnic tables, crafts, cabinets, furniture, etc. Retail sales directly to the public are specifically excluded unless otherwise approved in accordance with this Part 1.
A shop or open market selling antiques, used household goods, curios, and the like at a frequency of more than four days in any six-month period. Flea markets, as distinguished from yard or garage sales, shall be considered to be retail businesses under this Part 1.
Timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, management planning activities, timber stand improvement, pruning, weeding, regeneration of forest stands, the construction or maintenance of forestry management roads, and other similar or associated activities.
The horizontal distance between the intersections of the side lot lines with the front lot line.
A place where fuels or lubricants for vehicles, including boats, are retailed directly to the public, including the sale of minor related accessories. Repair services are excluded from this definition.
A building used for the preparation, display, and related ritual of the dead prior to burial or cremation.
See "yard sale."
An institution that provides outpatient, overnight, or long-term health care under the supervision of a health care professional.
Providing day-care services on a regular basis, for financial consideration, for three or fewer unrelated children or adults who are dependent on others for assistance. Care services shall not be provided for more than 12 hours during any twenty-four-hour period.
An occupational activity which is clearly accessory to the primary residential use of a building as defined by § 10-1.29, Home occupation levels.
Includes a sanitarium, clinic, rest home, nursing convalescent home, home for the aged, and any other place for the diagnosis and treatment of human ailments.
A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, entertainment, and recreational facilities.
Any building, structure, place, or object constituting a physical betterment of real property, or any part of such betterment.
A facility offering transient lodging accommodations to the general public which has a central lobby and has a maximum of 15 general sleeping rooms available for use by the general public. Food or meals may be available, but only for guests staying overnight at the inn.
A yard, field, or other area as defined in 30-A M.R.S.A. § 3752, as amended.
A commercial establishment in which three or more dogs, cats, or other domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for financial consideration.
A parcel of land in a single ownership, recorded with the Cumberland County Registry of Deeds, and occupied or capable of being occupied by one building and the accessory buildings or uses customarily incidental to it, including such open spaces as are required by these Land Use Ordinances. As a condition for the issuance of a building permit on such land, a lot must have frontage upon a street, as defined herein, or have other adequate means of access as specified elsewhere in this Part 1 or as determined by the Planning Board.
The width of the lot, measured at the point where the building is closest to the right-of-way.
A lot with at least two contiguous sides meeting at an included angle of less than 135° and with each such side abutting on a street which is not primarily an access to a beach.
A mobile home manufactured after June 15, 1976, or a single-wide modular home, both of which must comply with the standards of § 10-1.16, as well as the standards of the United States Department of Housing and Urban Development and/or the standards of 30-A M.R.S.A. § 4358, Regulation of manufactured housing.
The mechanical or chemical transformation of material or substances into new products, including the creation of products and the blending of material such as oils, plastics, resins, or liquids.
A boat basin offering dockage and ancillary services such as outdoor storage of boats. A fueling station is excluded from this definition.
A place for the diagnosis and treatment of human ailments.
Surface excavation and removal of natural earth resources such as sand, gravel, clay, topsoil, etc. which are normally used for purposes such as roads, foundations, construction materials, and building site preparation or improvement.
A residential unit that is constructed in a manufacturing facility and then transported to a site on a permanent chassis. Only mobile homes constructed after June 15, 1976, and which the manufacturer certifies to be constructed in compliance with United States Department of Housing and Urban Development standards shall be considered manufactured housing units for the purposes of this Part 1.
A parcel of land under unified ownership which has been planned and improved for the placement of mobile homes on leased or rented lots therein.
The area of land on which an individual home is situated within a mobile home park and which is reserved for use by the occupants of that home.
A residential dwelling unit designed for transportation, after fabrication, to the site as two or more component parts, where it must be placed on a permanent foundation and be assembled into a livable dwelling unit. Single-wide modular homes shall be considered to be manufactured housing units. Modular homes of two or more component parts under this Part 1 shall be considered to be a single-family dwellings.
A building containing rooms which are rented as a series of sleeping units for automobile transients. Each sleeping unit shall consist of a bedroom and bathroom only.
A yard, field, or other area used to store two or more unserviceable, discarded, worn-out, or junked motor vehicles as defined in 30-A M.R.S.A. § 3752, as amended.
Any motor vehicle repair use such as collision repair, mechanical repair, or other types of vehicle repair.
The use of any building, land area, or other premises for the display and sale of new or used automobiles, trucks, vans, trailers, or recreational vehicles.
Any activity which is exclusively and officially authorized by the Town of Frye Island or School Administrative District No. 6.
In the context of this chapter, the words "municipal" and "municipality" refer to Frye Island and School Administrative District No. 6 only.
The gross available acreage less the area required for streets or access and less the areas of any portions of the site which are unsuitable for development because of topography, natural drainage, or subsoil conditions.
The number of dwelling units per net residential acre.
A building, lot, or structure, the size, dimension, or location of which was lawful prior to the adoption or amendment of these zoning provisions but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
A land use which was lawful prior to the adoption or amendment of these zoning provisions but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
For this Part 1, a "nuisance" shall be defined as in 17 M.R.S.A. § 2802, as amended.
A room or group of rooms used for conducting affairs of business, professions, service industry, or government.
Land for recreation and enjoyment of an association of residents, or deeded to the Town, if the Town shall accept it, for the enjoyment of its residents.
A minimum area of 162 square feet which is a minimum of nine feet wide by 18 feet long, exclusive of drives, aisles, or entrances, and which is fully accessible for the storage or parking of vehicles.
The Planning Board of the Town of Frye Island, created in Article VI, Section 2, of the Town Charter.
A sign standing on, rather than fixed to, the ground. Such signs are usually, but not necessarily, supported from the ground by one or more poles or posts or similar uprights, with or without braces, including benches and A or sandwich boards.
The preliminary drawings indicating the proposed layout of the subdivision to be submitted to the Planning Board for its consideration.
The primary use to which the premises are devoted and the main purpose for which the premises exist.
A building and related facilities owned or operated by a corporation, association, or group of individuals, and established for the fraternal, social, educational, recreational, or cultural enrichment of its members and not primarily for profit, and whose members meet certain prescribed qualifications for membership.
A road for vehicular traffic in which there is no public right of travel.
A series of operations, usually in a continuous and regular action or succession of actions, taking place or carried out in a definite manner.
A governmentally regulated organization, whether publicly or privately owned, having a franchise for providing a service deemed necessary for the public health, safety, or welfare.
A water supply to 15 or more service or residential connections, or to a store, youth camp, campground, restaurant, inn, hotel, motel, or other nonresidential activity, including schools, which serves 25 or more people.
Includes recreational activities operated primarily for profit.
A vehicle or vehicular attachment, including a pickup camper, travel trailer, tent trailer, and motor home, designed for temporary sleeping or living quarters for one or more persons. A recreational vehicle is not a dwelling.
Land, with or without buildings, upon which used materials are separated or processed for eventual reutilization.
The planting and maintenance of at least five native tree species, not less than two inches in diameter at 4 1/2 feet above ground level for each twenty-five by fifty-foot rectangle area, such areas being sufficient that cleared openings for any purpose, including but not limited to principal and accessory structures, driveways, lawns and sewage disposal areas as shown on an approved or conditionally approved building permit, do not exceed in the aggregate 25% of the lot area or 10,000 square feet, whichever is greater.
[Amended 10-11-2008 TM by Art. 17]
A facility for the investigation into the natural, physical, or social sciences, which may include engineering or product development.
An institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision to two or more patients who are not related to the governing authority or its members by marriage, blood or adoption.
Any establishment where food and drink are prepared, served, and consumed either on the premises or outside the confines of the restaurant (i.e., take-out). This definition specifically excludes drive-through service.
An establishment where food or beverage is sold in a form ready for consumption, where all or a significant portion of the consumption occurs outside the confines of the establishment. Ordering and receipt of food is likely to take place in an automobile, and the customer does not leave the vehicle.
Any business primarily engaged in the sale, rental, or lease of goods or services individually or in small quantities to the ultimate consumer for direct consumption or use and not for resale. Retail trade or business shall not include other commercial uses specifically defined herein.
Any right-of-way (ROW) intended to be used for the passage of persons or vehicles.
Any new or improved opening, excavation, repair, alteration, or driveway cut into the roads and their corresponding rights-of-way, owned or regulated by the Town.
[Added 10-7-2006 TM by Art. 12]
Any building or part thereof which is used for education or instruction in any branch of knowledge, to include public, private, business, trade, driving, and dance schools.
A line that is a required minimum distance from the road or right-of-way line or any other lot line that establishes the area within which the principal and accessory structures must be erected or placed.
Setback between the front lot line and front line of a building.
Setback between the rear lot line and rear line of a building.
Setback between the side lot line and side line of a building.
A small accessory building, 144 square feet or less in area, which is used primarily for storage.
Any structure or part thereof attached thereto, or painted, or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device, or representation used as, or which is in the nature of, an announcement, direction, or advertisement.
A building that is a single dwelling unit. A modular home of two or more component parts shall under this Part 1 be considered to be a single-family dwelling.
A place designed and equipped for the conduct of social gatherings and open to scheduled groups for financial consideration.
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, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning district as special exceptions if specific provision for such special exception is made in this Zoning Ordinance. Special exceptions require approval from the Board of Appeals and the Planning Board in accordance with the standards and procedures established in this Part 1.
A publicly dedicated way, including the entire right-of-way, maintained under public authority for vehicular traffic, and accepted by the Town, or approved by the Planning Board with the proposed improvements conditioned by a performance bond in accord with Article III, Final Plan, of Part 2, Subdivision. Included in this definition is any public easement road which is part of the public easement granted by Frye Island, Inc., in 1999 and accepted by the Town.
A building and/or improvements to the real property, including paved surfaces.
The assessed owner or owners of land to be subdivided.
For the purposes of these Land Use Ordinances, a "subdivision" shall be defined as in 30-A M.R.S.A. § 4401, Subsection 4, as amended: "The division of a tract or parcel of land into three or more lots within any five-year period . . . . This definition applies whether the division is accomplished by sale, lease, development, buildings or otherwise. . . . C. A lot of 40 or more acres shall not be counted as a lot except: (1) when the lot or parcel from which it was divided is located entirely or partially within any shoreland area."
Completion of 50% or more of a permitted structure, measured as a percentage of the total cost to construct, within 12 calendar months of the issuance of the building permit.
[Amended 10-7-2006 TM by Art. 11]
An in-ground swimming pool, regardless of size, or an aboveground swimming pool of 1,200 gallons' or greater capacity.
An aboveground swimming pool with a side height of 30 inches or more and a capacity of less than 1,200 gallons.
A sign, other than a portable sign, designed and intended to be displayed for a short period of time.
The cutting and removal of trees from their growing site; the attendant operation of mobile or portable chipping mills and cutting, limbing, and skidding machinery; and the creation and use of skid trails, skid roads, and winter haul roads. In addition, one of the following amounts must be cut or removed from the site to meet this definition:
The Town of Frye Island, Maine.
Any occupation or profession meeting the performance standards of § 10-1.31, which satisfies all of the following conditions:
Any freestanding or guyed structure, except for amateur (ham) radio towers and municipally owned and operated towers, on which transmitting and/or receiving antennas and associated cable and supports are located. Unless specifically stated otherwise, the term "transmission tower" shall include the tower, the tower base, and any attached receiving or transmitting device.
Any unmotorized towed vehicle which is used or so constructed as to permit it being used as a conveyance on the public streets and highways, is duly licensed as such, and is constructed in such a manner as to permit occupancy thereof as a temporary dwelling for one or more persons. For the purposes of this definition, "temporary dwelling" shall be considered to be a maximum of 120 days in any calendar year. A travel trailer shall not be construed as a mobile home for the purposes of this Part 1.
Physical or chemical process of transforming a product or materials into goods to be reused for wholesale distribution.
A person or entity offering unsolicited products or services to Frye Island residents. The definition excludes nonprofit entities, volunteers or volunteer organizations, charitable organizations, Town employees on Town business, and entities whose sole purpose is to raise money for Town entities.
[Added 10-9-2010 TM by Art. 12]
Multi-vendor one-day events held in a single location and approved in advance by the Town Manager and the Town Executive Committee.
[Added 10-9-2010 TM by Art. 12]
A place for the diagnosis and treatment of animals.
A building used primarily for the temporary storage of goods and materials.
The area of land on a lot that is normally cultivated and is not occupied by the principal building.