[Amended 6-11-2025; 6-10-2026]
A.
In this chapter, all words, other than the terms specifically defined, shall have their ordinarily accepted dictionary meanings as implied by the context or as customarily used in the practice of zoning.
B. ACCESS ROAD ACCESSORY DWELLING UNIT ACCESSORY USE OR STRUCTURE ADDITION AFFORDABLE HOUSING DEVELOPMENT(1) (2) AGRICULTURAL LAND AGRICULTURE BASEMENT BED-AND-BREAKFAST FACILITIES BUFFER/SCREENING BUILDING CAMPGROUND CAMPING CAMPSITE CODE ENFORCEMENT OFFICER COMMERCIAL USE COMMON AREAS, SHORELAND CONDITIONAL USE CONDITIONAL USE AGRICULTURE CONGREGATE HOUSING DENSITY DOG KENNEL DRIVEWAY DWELLING DWELLING UNIT EARTH EMERGENCY OPERATIONS ESSENTIAL SERVICES EXCAVATION EXPANSION OF A STRUCTURE EXPANSION OF USE FAMILY FENCE FIRE PROTECTION FLOOD(1) FLOODPLAIN FLOOR AREA FOOTPRINT FORESTED WETLAND FOUNDATION FRESHWATER WETLAND(1) (a) (b) (2) FRONT LOT FRONTAGE, SHORE FRONTAGE, STREET FUNCTIONALLY WATER-DEPENDENT USES GREAT POND GREAT POND CLASSIFIED GPA GROUND COVER HABITABLE SPACE HAZARD TREE HEIGHT OF A STRUCTURE HOME OCCUPATION(1) (a) (b) (c) (2) HOTELS, MOTELS, INNS INCREASE IN NONCONFORMITY OF A STRUCTURE INDIVIDUAL PRIVATE CAMPSITE INDUSTRIAL INSTITUTIONAL INTERIOR ROAD JUNK JUNKYARD LIGHT INDUSTRY LOT LOT AREA LOT DEPTH LOT LINES(1) (2) (3) (4) LOT OF RECORD LOT WIDTH LOTS, SHOREFRONT MARINA MARKET VALUE MINERAL EXPLORATION MINERAL EXTRACTION MINIMUM LOT WIDTH MINING AND QUARRYING MOBILE HOME MOBILE HOME PARK MOTEL MULTIFAMILY RESIDENCE NATIVE NONCONFORMING CONDITION NONCONFORMING LOT NONCONFORMING STRUCTURE NONCONFORMING USE NONNATIVE INVASIVE SPECIES OF VEGETATION NORMAL HIGH WATER or NORMAL HIGH-WATER MARK(1) (a) (b) (2) (3) (4) (5) (6) (a) OPEN SPACE OUTLET STREAM PARKING SPACE PARKS AND RECREATION AREAS(1) (2) (3) PERMANENT PERSON PIERS, DOCKS, WHARVES, BRIDGES POND PRINCIPAL STRUCTURE PRINCIPAL USE PROFESSIONAL OFFICES PUBLIC FACILITY REAR LOT REAR LOT RIGHT-OF-WAY RECENT FLOODPLAIN SOILS
RECREATION AREA RECREATIONAL FACILITY RECREATIONAL VEHICLE REGIONAL FLOOD REPLACEMENT SYSTEM RESIDENCE RESIDENTIAL DWELLING UNIT RETAIL BUSINESS ESTABLISHMENT RIPRAP RIVER ROAD ROW RULES SAPLING SEASONAL DWELLING SEEDLING SERVICE BUSINESS/ESTABLISHMENT SERVICE DROP SETBACK SETBACK FROM WATER SHORELAND ZONE SHORELINE SIGN SIGNIFICANT WILDLIFE HABITAT(1) (2) SINGLE-FAMILY DWELLING OR RESIDENCE SOIL AND WATER CONSERVATION STREAM STREET STRUCTURE SUBSTANTIAL START SUBSURFACE SEWAGE DISPOSAL SYSTEM SUSTAINED SLOPE TEMPORARY TIMBER HARVESTING TIMBER HARVESTING AND RELATED ACTIVITIES TINY HOME TREE TRIBUTARY STREAM UPLAND EDGE OF A WETLAND USE VARIANCE(1) (2) (3) (4) VEGETATION VELOCITY ZONE VOLUME OF A STRUCTURE WAREHOUSING WATER BODY WATER CROSSING WETLAND VEGETATION WETLANDS WILDERNESS PARK CAMPGROUND WOOD PROCESSING WOODY VEGETATION YEAR-ROUND YOUTH CAMP
Definitions.
A road connecting a Town way to a campground or mobile home park.
A self-contained dwelling unit located within, attached to or detached from a single-family dwelling unit located on the same parcel of land. For purposes of this definition, "self-contained" shall mean that each unit contains living, cooking, and bathroom facilities.
A use of structure which is customarily both incidental and subordinate to the principal use or structure on the same lot. The term "incidental" in reference to the principal use of structure shall mean both subordinate and minor in significance to the principal use of structure, and attendant to the principal use of structure. For example, a mobile home dwelling unit is not customarily subordinate and minor in significance to the principal structure even when used only for storage. Such accessory uses, when aggregated, shall not subordinate the alleged principal use of the lot.
Structures, including porches and decks, which are attached to or can be entered into or on from an existing building. Also, placement of a foundation under an existing building. Also, structures erected which increase the height of an existing building or structure.
A residential housing development in which:
FOR RENTAL HOUSINGA household whose income does not exceed 80% of the area median income for the community, as defined by the U.S. Department of Housing and Urban Development, and can afford 51% or more of the units in the development without spending more than 30% of the household's monthly income on housing expenses, including rent and utilities.
FOR OWNED HOUSINGA household whose income does not exceed 120% of the area median income for the community, as defined by the U.S. Department of Housing and Urban Development, and can afford 51% or more of the units in the development without spending more than 30% of the household's monthly income on housing costs, including mortgage payments and insurance, and certain other taxes and fees.
Land in excess of one acre which has been tilled, harvested, mown (except lawns and similar which are customarily incidental to residential use) and/or used for the production of field crops, including commercial orchards, pasture, and pick-your-own fruit crops, which use has been within five years of the date of application for subdivision review and/or development under these provisions. Included is land separating tilled areas, which separation is for proper agricultural practice and/or access.
Those uses associated with the growing of produce or livestock on farms. These include field crop farming; fruit growing; tree, shrub or flower nurseries; truck gardening; roadside stands for sale of agricultural produce; the keeping of bees; livestock raising and feeding; and "pick-your-own" vegetables and fruits. The following uses are specifically excluded from this definition: poultry houses of flocks more than 500 birds; feed lots in excess of 25 animals, the primary use of which feed lots is the finish feeding and retention of livestock prior to slaughter; and farms principally for the raising of hogs in excess of 25 mature animals. These exclusions are elsewhere defined as "conditional use agriculture."
Any portion of a structure with a floor-to-ceiling height of six feet or more and having more than 50% of its volume below the existing ground level.
A use accessory to the principal use of building as a single-family residence, in which transient guests are furnished sleeping accommodations for a fee in residence bedrooms. Said guests shall be furnished with breakfast only, as a part of the accommodation, which is prepared in the residence kitchen facility. The furnishing of additional meals to guests shall deem the use to be an "inn."
"Buffers/screening" are fences, vegetation, landscaping, berms, and mounds used to minimize any adverse impacts or nuisance conditions as experienced on the site or adjacent areas.
A structure built for the support, shelter, or enclosure of persons, animals, goods or property of any kind (see "structure").
Any area or tract of land under unified ownership to accommodate two or more parties in RVs or other temporary living quarters or land upon which two or more campsites are installed, which is used for recreational purposes and retains an open air or natural character. A campsite incidental to residential use and not associated with a campground use (an "individual private campsite") is excluded from the definition of "campground."
The occasional use of land on a temporary and intermittent basis for cooking and sleeping, and using temporary shelter customarily associated with such activity. Included is the occupancy of recreational vehicle parked on any lot.
The minimum prescribed dimension and land area for placement of RVs or other temporary living quarters reserved for use by occupants of that area.
A person appointed by the municipal officers to administer and enforce this chapter, also referred to as the "CEO."
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.
A parcel of land containing shore frontage, which parcel is a part of a planned development, such as subdivision, or a landowners association, or similar organization, and which parcel provides access to the shoreland zone of water bodies for nonshoreland lot owners in the development subdivision or association. Access for lot owners to such common areas may be by formal easement, rights-of-way, informal agreement adoption of bylaws, or similar method.
A use permitted only after review and approval of the Planning Board. A "conditional use" is a use which would not be appropriate without restriction but which, if controlled under the provisions of this chapter, would promote the purposes of this chapter. Such uses may be permitted if specific provision for each conditional use is made in this chapter.
The maintenance of poultry houses in excess of 500 birds, feed lots in excess of 25 animals, which feed lots' primary use is the feeding or storage of animals during the final finishing period prior to shipment for slaughter. Also included are farms for the raising and keeping of hogs for slaughter in excess of 25 mature animals.
A building or group of buildings designed, intended, or used primarily for four or more multifamily habitation and living purposes. Food preparation facilities may be provided in both private and common parts of the structure for residents and their guests.
The number of campsites allowed per acre of land determined suitable for development.
Any place where five or more dogs over six months of age are kept or offered for sale; any place where pet boarding for fees is offered.
A vehicular accessway less than 500 feet in length serving two single-family dwellings or one two-family dwelling, or less.
A building designed, intended and/or used for habitation and living purposes; further, the occupancy of land or building for habitation and living purposes on a regular basis, as opposed to "camping."
A room or group of rooms customarily designed, intended, capable of providing, equipped and/or occupied for living quarters of one family, which room or rooms customarily include provisions for living area, sleeping, cooking, eating and toilet facilities.
Topsoil, sand, gravel, clay, peat, rock, or other minerals.
Emergency operations shall include operations conducted for the public health, safety, or general welfare. Emergency operations are, by way of example but not limited to, protection of resources from immediate destruction or loss, and law enforcement operations to rescue human beings or livestock from the threat of destruction or injury.
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 and police call boxes, traffic signals, hydrants and similar accessories, but shall not include service drops or buildings which are necessary for the furnishing of such services.
Any removal of earth as defined from its original position.
An increase in the footprint or height of a structure, including all extensions such as, but not limited to, attached decks, garages, porches and greenhouses.
The addition of one or more months to a use's operating season, or the use of more footprint of a structure or ground area devoted to a particular use.
One or more persons occupying premises and living as single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house, or hotel.
A barrier that encloses an area or separates different areas, usually constructed with posts that are connected by boards, rails, wire or netting. A fence differs from a wall in that it does not have a solid foundation that runs along its length. All fences are limited in height to six feet or less except for the following. Any fence over six feet in height is subject to spite fence provisions under 17 M.R.S.A. § 2801. Any fence over six feet will be treated as a structure and will be required to meet the setbacks in respective zones, except that for agricultural uses, farm, farm operations and agricultural composting operations, fence height and setbacks are exempt if the uses meet best management practices as noted in 7 M.R.S.A. §§ 153 to 155. The Planning Board may require screening or fencing over six feet in height for certain uses through its conditional use review process.
The establishment of fire protection implements, water sources, or access to same.
A temporary rise in water flow that results in water overtopping its banks and inundating adjacent areas.
ANDROSCOGGIN LAKE FLOOD ZONEAll lands bordering the Androscoggin Lake watershed below the 286.4-foot contour (286.4 feet above sea level according to the USGS quadrangles) are considered to be floodplain area having special flood hazards.
The lands adjacent to a water body which have been or may be covered by the regional flood.
The sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls.
The entire area of ground covered by the structure(s) on a lot, including but not limited to cantilevered or similar overhanging extensions, as well as unenclosed structures, such as patios and decks.
A freshwater wetland dominated by woody vegetation that is six meters tall (approximately 20 feet) or taller.
The supporting substructure of a building or other structure, excluding wooden sills and post supports, but including basements, slabs, frost walls, or other base consisting of concrete, block, brick or similar material.
Freshwater swamps, marshes, bogs and similar areas, other than forested wetlands, which are:
Of 10 or more contiguous acres; or of less than 10 contiguous acres and adjacent to a surface water body, excluding any river, stream or brook, such that in a natural state, the combined surface area is in excess of 10 acres; and
Inundated or saturated by surface water or groundwater at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soil.
Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.
A lot which fronts on a road or street.
The horizontal distance, measured at the high-water mark and in a straight line, between the intersections of the side lot lines with the normal high-water mark.
The horizontal distance, between the intersection of the side lot lines, with the right-of-way line of any road street, public or private.
Those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, inland waters and that cannot be located away from these waters. The uses include, but are not limited to, commercial and recreational fishing and boating facilities, waterfront dock and port facilities, shipyards and boatbuilding facilities, marinas, navigation aids, basins and channels, shoreline structures necessary for erosion control purposes and uses that primarily provide general public access to inland waters. Recreational boat storage buildings are not considered to be a functionally water-dependent use.
Any inland body of water which in a natural state has a surface area in excess of 10 acres, and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres except for the purposes of this chapter, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner.
Any great pond classified GPA, pursuant to 38 M.R.S.A. § 465-A. This classification includes some, but not all, impoundments of rivers that are defined as great ponds.
Small plants, fallen leaves, needles and twigs, and the partially decayed organic matter of the forest floor.
Enclosed space in a residence which is designed, intended, occupied, or is capable of supporting the activities of living in a residence.
A tree with a structural defect, combination of defects, or disease resulting in a structural defect that under the normal range of environmental conditions at the site exhibits a high probability of failure and loss of a major structural component of the tree in a manner that will strike a target. A normal range of environmental conditions does not include meteorological anomalies, such as, but not limited to, hurricanes, hurricane-force winds, tornadoes, microbursts, or significant ice storm events. Hazard trees also include those trees that pose a serious and imminent risk to bank stability. A "target "is the area where personal injury or property damage could occur if the tree or a portion of the tree fails. Targets include roads, driveways, parking areas, structures, campsites, and any other developed area where people frequently gather and linger.
The vertical distance between the mean original (prior to construction) grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, steeples, antennas, and similar appurtenances that have no floor area.
An activity carried on in a single familiar residence or a building accessory to said residence by a member of the family residing in said residence, which activity is clear, incidental and secondary to the uses of the premises for residential purposes, the result of which produces items or services which the family member wishes to offer for sale to the general public, in way of example, but not limited to, knitted articles, crafts, baked goods, paintings, typing services or surplus produce from a garden plot designed to serve the residence. Also, the maintenance of an office in a residence for an activity primarily conducted outside the residence, such as a commission salesperson or manufacturer representative. The following shall disqualify an activity as home occupation and shall be deemed a retail business, service business or agriculture:
Employment on the premises and in the activity of a person unrelated by blood or marriage to the persons occupying the residence.
Offering items for sale on the premises purchased for resale or on consignment.
The placement or construction of a structure whose primary purpose is to support the home occupation activity and is not customarily accessory to residential use.
In Zone R-1, if the nature of the home occupation is such that customers come to the business location to transact business, a minimum of two parking spaces shall be provided. On-street parking otherwise permitted may provide those two spaces, provided they are within 100 feet of the premises. If on-street parking is not available as above, two off-street parking spaces shall be provided on the premises.
A building or group of buildings designed, intended, or used primarily for providing temporary living accommodations, which may include provisions for sleeping space, cooking, bathing, and eating. Restaurant facilities may be provided within the building or buildings for guests or the general public.
Any change in a structure or property which causes further deviation from the dimensional standard(s) creating the nonconformity, such as, but not limited to, reduction in property line; right-of-way line; water body, tributary stream, or wetland setback distance; increase in lot coverage; or increase in the height of a structure. Property changes or structure expansions which either meet the dimensional standard or which cause no further increase on the linear extent of nonconformance of the existing structure shall not be considered to increase nonconformity. For example, there is no increase in nonconforming with the setback requirement for water bodies, wetlands, or tributary streams if the expansion extends no further into the required setback area than does the portion of the existing nonconforming structure. Hence, a structure may be expanded laterally, provided that the expansion extends no closer to the water body or wetland than the closest portion of the existing structure from the water body or wetland, and provided that no other setback requirement is violated. Included in this allowance are expansions that infill irregularly shaped structures.
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 which involves site improvements which may include but not be limited to a gravel pad, parking area, fireplace, or tent platform.
The assembling, fabrication, finishing, manufacturing, packaging or processing of goods or the extraction of minerals.
A nonprofit or quasi-public use or institution such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land used for public purposes.
A road which provides connection(s) from campsites within a campground or spaces within a mobile home park to an access road or to service locations within the mobile home park or campground.
The accumulation of metals, bottles, cotton or mill yarns, paper products, rubber products, used appliances, scrap building materials, plumbing fixtures, two or more unregistered motor vehicles, automobile parts or other vehicle parts, or other secondhand articles on the exterior of buildings.
A commercial use involving the storing and salvaging of "junk," as defined.
Industrial activity involving the manufacturing, fabricating, packaging, assembly or distribution of finished products from previously prepared material; included, by way of example only, are bakeries, bottling, printing and publishing pharmaceuticals, machine shops, welding shops fabricating products precision instruments, wood products assembly of electrical components, tool and die shops and packaging of foods. Light industry does not include the processing of raw materials for salvaging operations.
A parcel of land described by metes and bounds.
The area of land enclosed within the boundary lines of a lot, minus land below the normal high-water line of a water body or upland edge of a wetland and areas beneath roads serving more than two lots.
The dimension of the side lot line of least dimension as measured in a straight line from its intersection with the front lot line to its intersection with the rear lot line. On a shoreland lot, the dimension of the side lot line of least dimension as measured in a straight line from its intersection with the normal high-water mark to its intersection with the right-of-way line of road or street or rear lot line. On a corner lot, the side lot line of least dimension measured in a straight line from both front lot lines and normal high-water marks to the line opposite.
The lines bounding a lot as follows:
FRONT LOT LINEOn an interior lot, the line separating the lot from the right-of-way line of the street or road. On a corner lot, the line separating the lot from the right-of-way line of either street or road.
FRONT LOT LINE, REAR LOTThe rear lot line of the abutting front lot, including its extension beyond the points at which it abuts the rear lot, or the line of the rear lot which parallels the public or private way right-of-way line of the front lot.
REAR LOT LINEThe lot opposite the front lot line. On a lot pointed at the rear, the "rear lot line" shall be an imaginary line between the side lot lines parallel to the front lot line, not less than 10 feet long, lying farthest from the front lot line. On a corner lot, the rear lot line shall be opposite the front lot line of the least dimension.
SIDE LOT LINEAny lot line other than the front lot line or rear lot line.
A parcel of land, the dimensions of which is shown on a document or map on file with the County Register of Deeds.
The horizontal distance between the side lot line measured at the setback (in the zone in which it lies) from the front lot line. In the Shoreland Zone, lot width is measured at the setback from the normal high-water mark. On a corner lot, width is measured from the setback of both front lot lines, using one lot line as a side lot line for the purpose of determining width.
A lot within 250 feet horizontal distance of a pond, lake, river, tributary stream, or upland edge of a freshwater wetland.
A business establishment having frontage on navigable water and, as its principal use, providing for hire offshore moorings or docking facilities for boats, and which may also provide accessory services such as boat and related sales, boat repair and construction, indoor and outdoor storage of boats and marine equipment, bait and tackle shops and marine fuel service facilities.
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.
Hand sampling, test boring, or other methods of determining the nature or extent of mineral resources which create minimal disturbance to the land, and which include reasonable measures to restore the land to its original condition.
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.
The closest distance between the side lot lines of a lot. When only two lot lines extend into the Shoreland Zone, both lot lines shall be considered to be side lot lines.
The removal of rock, gravel, sand or similar earth materials as a commercial activity.
Mobile/manufactured/modular housing shall be defined according to 30-A M.R.S.A. § 4358, as amended from time to time.
A parcel of land under unified ownership approved by the municipality for the placement of three or more manufactured homes.
See "hotels, motels, inns."
A building containing more than one dwelling unit.
Indigenous to the local forests.
Nonconforming lot, structure or use which is allowed solely because it was in lawful existence at the time this chapter or subsequent amendment took effect.
A single lot of record which, at the effective date of adoption or amendment of this chapter, does not meet the area, frontage, or width requirements of the district in which it is located.
A structure which does not meet any one or more of the following dimensional requirements: setback, height, lot coverage or footprint but which is allowed solely because it was in lawful existence at the time this chapter or subsequent amendments took effect.
Use of buildings, structures, premises, land or parts thereof which is not allowed in the district in which it is situated but which is allowed to remain solely because it was in lawful existence at the time this chapter or subsequent amendments took effect.
Species of vegetation listed by the Maine Department of Agriculture, Conservation and Forestry as being invasive in Maine ecosystems and not native to Maine ecosystems.
That line on the shore and banks of water bodies which is apparent because of the contiguous different character of the soil or vegetation due to prolonged action of the water. Relative to vegetation, it is that line where the vegetation changes from predominately aquatic to predominately terrestrial. By way of example, such vegetation may be but is not limited to:
Aquatic vegetation; includes the following plants or plant groups: water lily, pond lily, pickerelweed, cattail, wild rice, sedges, rushes and marsh grasses.
Terrestrial vegetation; includes the following plants or plant groups: upland grasses, aster, lady slipper, wintergreen, partridge berry, sarsaparilla, pines, cedars, oaks, ashes, alders, elms, and maples.
In places where the shore or bank is of such character that the normal high-water mark cannot be easily determined, the normal high-water mark shall be estimated from places where it can be determined from the above method.
In the case of wetlands adjacent to lakes, ponds and stream, the normal high-water mark is the upland edge of the wetland and not the edge of the open water.
The normal high-water mark on Androscoggin Lake shall be indicated on and by a permanent marker set at or near the Town Landing at Lake Street and shall be used in lieu of other methods defined above.
On January 5, 2023, the marker reads "Normal High-Water Mark (277.7' National Geodetic Datum, 1929)."
The point of placement shall be approved by the Wayne Planning Board under the following criteria:
That elevation which marks the extent of the annual spring flood of the lake, which is characterized by the observation over several years by the Board of the accumulation of debris and the high-water mark left on trees and other objects at the Lake Street shore.
On undeveloped parcels, woodland, fields or agricultural land. On developed parcels, land that is woodland, fields or agricultural land in excess of the minimum lot size for a single-family dwelling or conditional use in the zone. "Developed parcels" are those which contain residence or commercial and/or farm structures.
Any perennial or intermittent stream, as shown on the most recent highest-resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map, which flows from a freshwater wetland.
A minimum area of nine feet wide and 18 feet long, exclusive of drives, aisles or entrances, fully accessible for the parking of vehicles.
A lot(s) to which the general public is admitted with or without fee; and/or
A lot(s) used for gatherings, meetings, assembly and/or recreation by a corporation, partnership, association, fraternal or religious organization or similar entity, which entity is comprised of more than 25 persons, members, stockholders, partners or employees. Such entities may be the owners of the lot or invitees of the owner. Excluded from this connotation are occasional permissions for such use granted by the lot owner, which owner is not an entity as above; and/or
Lot(s) used for the gathering of people in excess of 25 for the commercial purposes of rallies, concerts, shows, carnivals or similar events. "Commercial purposes" include donations, collections, entrance fees and sharing of costs. Excluded from this connotation is use of municipal lots for public events, which events are approved by the Select Board and occasional gatherings clearly incidental to residential use.
Installed on a foundation, implanted in the ground securely, attached to the land or structures, intended or designed to remain in the place located, or other similar measure.
An individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two or more individuals having a joint or common interest, or other legal entity.
And other structures and uses extending over or beyond the normal high-water line or within a wetland.
Ponds, or portions thereof, in the Town of Wayne shall include Lovejoy Pond, Pickerel Pond, Berry Pond, Pocasset Lake, Androscoggin Lake, Muddy Pond, Wilson Pond, Wayne Village Mill Pond, and Dexter Pond.
A structure other than one which is used for purposes wholly incidental or accessory to the use of another structure or use on the same lot.
A use other than one which is wholly incidental or accessory to another use on the same lot.
Offices of those in the fields of medicine, dentistry, architectural design, accountancy, or law. Also, offices of those who are consultants in specialized fields of endeavor, and who receive compensation primarily for advice to clients, relating to the consultant's specialized knowledge and expertise. (See "home occupation" for other offices).
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 line whose front line (defined) does not abut the right-of-way of a road or street.
An easement across and over a front lot, from a road or street to a rear lot, for the purpose of vehicular travel and other access to a rear lot or lots.
The following soil series as described and identified by the National Cooperative Soil Survey:
Fryeburg | Hadley | Limerick |
Lovewell | Medomak | Ondawa |
Alluvial | Cornish | Charles |
Podunk | Rumney | Saco |
Suncook | Sunday | Winooski |
See "parks and recreation areas."
A place designed and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities, excluding boat-launching facilities.
A vehicle that is either self-propelled or towed by a consumer-owned tow vehicle; is primarily designed to provide temporary living quarters for recreational, camping or travel use; complies with all applicable federal vehicle regulations and does not require special highway movement permits to legally use the highways. "Recreational vehicle" includes motor homes, travel trailers, fifth-wheel trailers and folding camping trailers. In order to be considered as a vehicle and not as a structure, the unit must remain with its tires on the ground and must be registered with the State Bureau of Motor Vehicles.
The maximum known flood on a water body; either the 100-year-frequency flood, where calculated, or the flood of record.
A system intended to replace:
A building or portion thereof containing the dwelling unit(s), or a building by its design that is capable of supporting or is occupied for activities normally associated with dwelling and habitation purposes. A residence includes mobile homes but not camper trailers or recreational vehicles.
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 shall include mobile homes and rental units that contain cooking, sleeping, and toilet facilities, regardless of the time period rented. Recreational vehicles are not residential dwelling units.
A commercial activity primarily selling tangible goods. By way of example, grocery stores, gift shops, restaurants, takeout foods, clothing stores, antique shops, pet shops or kennels, or similar.
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.
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 a driveway as defined.
Abbreviation for "right-of-way."
Abbreviation for the State of Maine Subsurface Wastewater Disposal Rules.
A tree species that is less than two inches in diameter at 4.5 feet above ground level.
A residence which has not been physically utilized as a year-round dwelling during the five-calendar-year period, inclusive, preceding the date of passage of this chapter. Also defined as a residence without a freeze-proof water supply or one designed and constructed as customary to be used for regular occupancy only during the non-freeze months of May through October.
A young tree species that is less than 4.5 feet in height above ground level.
A commercial activity primarily providing services, as opposed to one primarily providing or selling tangible goods, which selling of goods is defined as a "retail business." By way of example, professional offices employing more than two people, in addition to the professional, real estate sales, securities dealers, insurance agencies, auto repair, body shops, appliance repair, small engine repair, furniture refinishing or repair, welding service not fabricating products for resale.
Any utility line extension which does not cross or run beneath any portion of a water body, provided that:
In each instance, the minimum horizontal distance from a lot line to the nearest part of a structure, or from a lot line to the perimeter of a parking space or storage area, or from a lot line to the perimeter of a prescribed land area, the setback for which area or parking space is defined in this chapter.
The minimum horizontal distance from the normal high-water mark to the nearest part of a structure, perimeter of a parking space, storage area or other defined object or prescribed land area.
The land area located within 250 feet, horizontal distance, of the normal high-water line of any great pond or river; within 250 feet of the upland edge of a freshwater wetland; or within 75 feet, horizontal distance, of the normal high-water line of a stream.
The normal high-water line or upland edge of fresh water.
A name, identification, description, display or illustration which is affixed to painted or represented, directly or indirectly, on a building, structure, parcel or lot and which relates to an object, product, place, activity, person, institution, organization or business on the premises.
"Significant wildlife habitat" means:
The following areas to the extent that they have been mapped by the Department of Inland Fisheries and Wildlife or are within any other protected natural resource; habitat, as defined by the Department of Inland Fisheries and Wildlife in 38 M.R.S.A. § 480-I, for species appearing on the official state of federal list of endangered or threatened animal species; high- and moderate-value deer wintering areas and travel corridors as defined by the Department of Inland Fisheries and Wildlife; and
Except for solely forest management activities for which "significant wildlife habitat" is defined and mapped in accordance with 38 M.R.S.A. § 480-I by the Department of Inland Fisheries and Wildlife, the following areas that are defined by the Department of Inland Fisheries and Wildlife and are in conformance with criteria adopted by the Department of Environmental Protection or are within any other protected natural resource:
A building that contains one dwelling unit.
Activities designed and intended to prevent or stop soil erosion.
A free-flowing body of water from the outlet of a great pond or the confluence of two perennial streams, as depicted on the most recent, highest-resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map, to the point where the stream becomes a river or where the stream meets the shoreland zone of another water body or wetland. When a stream meets the shoreland zone of a water body or wetland and a channel form downstream of the water body or wetland as an outlet, that channel is also a stream.
See "road."
Anything temporarily or permanently located, built, constructed or erected for the support, shelter or enclosure of persons, animals, goods or property of any kind or anything constructed or erected on or in the ground. The term includes structures temporarily or permanently located, such as decks, patios, and satellite dishes. "Structure" does not include fences six feet or less in height; poles and wiring and other aerial equipment normally associated with service drops, including guy wires and guy anchors; subsurface wastewater disposal systems as defined in 30-A, M.R.S.A. § 4201, Subsection 5; geothermal heat exchange wells as defined in 32 M.R.S.A. § 4700-E, Subsection 3-C; or wells or water wells as defined in 32 M.R.S.A. § 4700-E, Subsection 8.
Completion of 30% of a permitted structure or use measured as a percentage of estimated total cost.
Any system designed to dispose of waste or wastewater on or beneath the surface of the earth; includes, but is not limited to, septic tanks; disposal fields; grandfathered cesspools; holding tanks; pretreatment filter, piping, or any other fixture, mechanism, or apparatus used for those purposes; 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..
A change in elevation where the referenced percent grade is substantially maintained or exceeded throughout the measured area.
Designed, intended or constructed as customary to be easily capable of removal or changed in location; by way of example, not secured by foundations, implantation in the ground or firmly attached to the ground or structures. Also, any use that is occasional, transient, not regular or continuous.
See definition in Bureau of Forestry Rules, Chapter 21, Statewide Standards for Timber Harvesting and Related Activities in Shoreland Areas, incorporated herein by reference.[1]
See definition in Bureau of Forestry Rules, Chapter 21, Statewide Standards for Timber Harvesting and Related Activities in Shoreland Areas, incorporated herein by reference.
A "tiny home" as the same meaning as in 29-A M.R.S.A. § 101, Subsection 80-C.
A woody perennial plant with a well-defined trunk(s) at least two inches in diameter at 4.5 feet above the ground, with a more or less definite crown, and reaching a height of at least 10 feet at maturity.
A channel between defined banks created by the action of surface water, which is characterized by the lack of terrestrial vegetation or by the presence of a bed, devoid of topsoil, containing waterborne deposits or exposed soil, parent material or bedrock; and which is connected hydrologically with other water bodies. "Tributary stream" does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetation cover has been removed by human activity. This definition does not include the term "stream" as defined elsewhere in this chapter, and only applies to that portion of the tributary stream located within the Shoreland zone of the receiving water body or wetland. Water setback requirements apply to tributary streams within the shoreland zones.
The boundary between upland and wetland. For purposes of a freshwater wetland, the upland edge is formed where the soils are not saturated for a duration 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 six meters (approximately 20 feet) tall or taller.
The purpose for which land or a structure is arranged, designed, intended or occupied or the purpose for which land or structure may be occupied.
A permission granted by the Zoning Board of Appeals to an applicant for deviation from the provisions of this chapter, where strict application of the chapter, or a provision thereof to the applicant and his property, would cause undue hardship. The words "undue hardship" as used here shall mean:
That the land in question granted yield a reasonable return unless a variance is granted; and
That the need for a variance is due to the unique circumstance of the property and not to the general conditions in the neighborhood; and
That the granting of a variance will not alter the essential character of the locality; and
That the hardship is not the result of action taken by the applicant or prior owner.
All live trees, shrubs, and other plants, including, without limitation, trees both over and under four inches in diameter, measured at 4 1/2 feet above ground level.
An area of special flood hazard extending from offshore to the inland limit of the primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources.
The volume of all portions of a structure enclosed by a roof and fixed exterior walls, as measured from the exterior faces of these walls and roof.
The primary use of receiving, housing, or stockpiling of finished materials or products either inside or outside of structure prior to their redistribution.
Any great pond, river or stream.
Any project extending from one bank to the opposite bank of a river, stream, tributary stream, or wetland, whether under, through, or over the water or wetland. Such projects include but may not be limited to roads, fords, bridges, culverts, water lines, sewer lines, and cables as well as maintenance work on these crossings. This definition includes crossings for timber-harvesting equipment and related activities.
Plants and plant groups which require water, either flowing or standing, as a substrate for propagation and/or culture; by way of example, but not limited to, water lily, pond lily, pickerelweed, cattail, wild rice, sedges, rushes, and marsh grasses.
"Freshwater wetlands" as defined in this chapter; wet meadows, swamps, bogs, or other areas where groundwater, flowing or standing surface water, or ice provides a significant part of the supporting substrate for a plant community of wetland vegetation, typically adapted for life in saturated soils either seasonally or permanently. A wetland can be contiguous with or isolated from ponds, lakes, streams, rivers, and brooks. Included in this definition are freshwater wetlands mapped and numbered by the Department of Environmental Protection.
A campground or designated area of a campground for which the development requirements have been reduced to provide a more rustic outdoor camping experience.
A site or facility on a lot, including any assigned structures, for the processing of logs or pulp into dimension lumber, wood chips, firewood or products related thereto for commercial purposes. Wood processing adjunct to residential use is excluded, as are the temporary operations associated with wood harvesting.
Live trees or woody, nonherbaceous shrubs.
Excluding temporary absences, a residence which is, or is designed and/or constructed to be, occupied 12 months of the year, as evidenced by a freeze-proof water system, methods of heating, and/or other features customarily associated with ease of occupancy during the months of November through April.
A "youth camp" is a combination of program and facilities established for the primary purpose of providing a group living experience for children with social, recreational, spiritual, and educational objectives and operated and used for five or more consecutive days during one or more seasons of the year. "Youth camp" includes day camps, residential camps and trip and travel camps. "Youth camp" does not include programs coordinated by and taking place on the properties of municipalities and educational institutions. Youth camps are not included in the definition of "campground."
[1]
Editor's Note: See 01-669 CMR Ch. 21.