As used in this Part 1, the following terms
shall have the meanings indicated:
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 Standish and the ones against whom taxes are assessed.
A way or means of approach to provide vehicular or pedestrian
entrance or exit to a property.
[Added 1-8-2013 by Order No. 29-12]
Any driveway, street, curb cut, turnout or other means of
providing for the movement of vehicles to or from the public/private
roadway network.
[Added 1-8-2013 by Order No. 29-12]
A subordinate building incidental to and located on the same
lot with the main building which is customarily a garage, workshop,
bunkhouse and the like. A detached accessory dwelling unit shall not
be considered an accessory building.
[Amended 7-8-2008 by Order No. 164-07; 6-6-2023 by Order No. 26-23]
Separate living accommodations located within and subordinate to an existing primary residential use or located within a detached structure that meets building code requirements for a dwelling unit but that is subordinate to an existing primary residential use. An accessory dwelling unit requires Code Enforcement Officer approval and is subject to the standards contained herein under § 181-35.5.
[Added 7-8-2008 by Order No. 164-07; 6-6-2023 by Order No. 26-23]
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 four to 12 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.
As defined in 28-B M.R.S.A. § 102(1), as may be
amended.
[Added 6-1-2021 by Order
No. 28-21]
A "cultivation facility" as that term is defined in 28-B
M.R.S. § 102(13), as may be amended. An adult use marijuana
cultivation facility is a facility licensed under Title 28-B of the
Maine Revised Statutes. An adult use marijuana cultivation facility
other than a nursery marijuana cultivation facility, Tier 1 marijuana
cultivation facility or Tier 2 marijuana cultivation facility is prohibited
in Standish.
[Added 4-12-2022 by Order No. 32-22]
A residential development as defined in 30-A M.R.S.A. § 4364(1),
as may be amended.
[Added 6-6-2023 by Order No. 25-23]
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, but 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.
Permits dairying, the raising of livestock and the breeding
or keeping of animals, fowl or birds as a business or gainful occupation.
Standish's arterials are State Routes 11, 25, 35, 113, 114,
237, Saco Road and any street that is designed to be used, or is used,
to carry an average daily traffic (ADT) volume of at least 3,000 vehicles
per day. These major streets serve to carry high volumes of traffic
into, through and out of the Town.
[Amended 6-7-2005 by Order No. 34-05]
A yard, field or other area used to store three or more unserviceable,
discarded, worn-out or junked motor vehicles as defined in 30A M.R.S.A.
§ 3752, as amended.
A lot without frontage on an existing way.
A single-family dwelling in which the residents 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.
Land area of a parcel excluding its unbuildable area. This
area is used in determining the number of lots permitted in a conservation
subdivision.
[Added 1-8-2013 by Order No. 119-12]
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 space in a development shown on the plan and approved
by the Planning Board within which a structure is permitted to be
built on a lot and that is defined by maximum height regulations and
minimum yard setbacks and that does not include land not suitable
for development.
[Added 5-13-2003 by Order No. 21-02]
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat and mansard roofs, and to the average
height between the eaves and ridge for other types of roofs.
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,
newspaper or candy stand.
Any premises established for overnight use for the purpose
of camping and for which a fee is charged.
A place where vehicles, of any size, are washed on a commercial
basis.
A place where vehicles of any size are washed on a commercial
basis, that is not clearly visible from the Form Based Code Village
District street.
[Added 6-5-2018 by Order
No. 29-18]
An area used for the interring of the dead.
A building, or group of buildings, which are primarily intended
for the conduct of religious services and associated accessory uses,
with the exception of schools.[1]
A person appointed by the Town manager to administer and
enforce this Part 1. Reference to the "Code Enforcement Officer" may
be construed to include the Building Inspector, Plumbing Inspector,
Electrical Inspector and the like, where applicable.
A street whose principal function is to carry traffic between
local and arterial streets, but that may also provide direct access
to abutting properties. It serves, or is designed to serve, directly
or indirectly, more than 150 dwelling units but not more than 300
dwelling units, and is designed to be used, or is used, to carry an
average daily traffic (ADT) volume of at least 1,500 but not more
than 3,000 vehicles per day.
[Amended 6-7-2005 by Order No. 34-05]
An accredited degree-granting institution of higher (postsecondary)
education.
Body repair work, painting and related mechanical repairs
of vehicles with GVW not exceeding 14,000 pounds, to include metal
fabrication for vehicular purposes; there are no fuel sales.
[Amended 8-9-2011 by Order No. 55-11]
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.
Land for recreation and enjoyment of an association of residents,
for the enjoyment of its residents.
[Added 5-13-2003 by Order No. 21-02; amended 10-14-2003 by Order No.
139-03]
A housing facility for eight or fewer persons with disabilities
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. A community living facility is deemed
a single-family use of property for the purposes of zoning.
[Amended 11-12-2002 by Order No. 115-02]
Any part or element of the overall plan or policy for development
of the Town.
One 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. Neither the Zoning Board of Appeals nor the Planning Board shall have the authority to grant a variance, exception or waiver from the use limitation contained in Article III for conforming lots.
A nonpossessory interest of a holder in real property imposing
limitations or affirmative obligations, the purposes of which include:
retaining or protecting natural, scenic or open space values of real
property; assuring its availability for agricultural, forest, recreational
or open space use; protecting natural resources; or maintaining or
enhancing air or water quality of real property.
[Added 1-8-2013 by Order No. 119-12]
An alternative form of residential development where, instead
of subdividing an entire tract into lots of conventional size, the
same or a similar number of housing units are arranged on lots of
reduced dimensions, with the remaining area of the parcel permanently
protected as designated open space.
[Added 1-8-2013 by Order No. 119-12]
Drawings showing the location, profile, grades, size and
types of drains, sewers, water mains, underground fire alarm ducts,
underground power ducts and underground telephone ducts, pavements,
cross-sections of streets, miscellaneous structures, etc.
That percentage of the plot or lot area covered by the buildings,
paved areas and other impervious cover.
A service drive providing vehicular access between two or
more adjacent properties so the driver need not enter the public street
system.
[Added 1-8-2013 by Order No. 29-12]
The planting, propagation, growing, harvesting, drying, curing,
grading, trimming of other processing of marijuana for use or sale.
It does not include manufacturing.
[Added 6-1-2021 by Order
No. 28-21]
A house or other place in which a person, or combination
of persons, maintains or otherwise carries out a regular program,
for financial consideration, for any part of a day providing care
and protection 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 residence maintained by anyone who provides, on a regular
basis and for consideration, care and protection for four to 12 unrelated
children under 16 years of age, who are unattended by parents or guardians
for any part of the day. Care services shall not be provided for more
than 12 hours during any twenty-four-hour period.
Reserved 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.,
habitat protection, wildlife corridors, passive recreation, agriculture,
forestry or some combination of these.
[Added 1-8-2013 by Order No. 119-12]
The Director of Public Works for the Town of Standish.
A person who meets the definition of "disabled" or "handicapped"
as set forth in Section 501(b) of the Housing Act of 1949, the Fair
Housing Act,[2] the Americans with Disabilities Act[3] or the Rehabilitation Act of 1973,[4] or in regulations issued by either the United States Department
of Housing and Urban Development or the United States Department of
Agriculture, Rural Development.
[Added 2-8-2011 by Order No. 119-10]
A natural person's established, fixed, permanent or ordinary
dwelling place or legal residence to which, whenever the person is
absent, the person has the intention of returning. A person may have
only one domicile.
[Added 6-1-2021 by Order
No. 28-21]
A commercial facility which provides a service directly to
a motor vehicle or where the customer drives a motor vehicle onto
the premises and to a window or mechanical device through or by which
the customer is serviced without exiting the vehicle. Fueling stations,
or the accessory functions of a car wash and/or vacuum cleaning stations
are not considered drive-through facilities.
[Added 1-8-2013 by Order No. 29-12]
Features associated with drive-throughs, including, but not
limited to, designated travel or stacking lanes, intercom systems,
menu/order boards, service windows, kiosks, mechanical devices, etc.
[Added 1-8-2013 by Order No. 29-12]
A building on a single lot containing more than four dwelling
units. This term excludes motels, rooming houses, mobile homes and
dwelling units with accessory dwelling units.
[Amended 7-8-2008 by Order No. 164-07; 3-12-2019 by Order No. 147-18; 6-6-2023 by Order No. 26-23]
A building on a single lot containing three or four dwelling
units. This term excludes motels, rooming houses, mobile homes and
dwelling units with accessory apartments.
[Added 3-12-2019 by Order
No. 147-18; amended 6-6-2023 by Order No. 26-23]
A building on a single lot containing two dwelling units.
This term excludes motels, rooming houses, mobile homes and dwelling
units with accessory apartments.
[Added 3-12-2019 by Order
No. 147-18; amended 6-6-2023 by Order No. 26-23]
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 shall be considered dwelling
units.
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 building or buildings that are constructed that contain
at least four but no more than 48 dwelling units that are intended
for, and solely occupied by, persons 55 years of age or older.[5]
[Added 5-9-2006 by Order No. 37-06]
A professional engineer licensed by the State of Maine.
Any opening in the surface of a public place made in any
manner whatsoever, except an opening in a lawful structure below the
surface of a public place, the top of which is flush with the adjoining
surface and so constructed as to permit frequent openings without
injury or damage to the public place.
Manufacturing, excluding the refining or other initial processing
of basic raw materials such as metal ores, lumber or rubber. Fabrication
relates to stamping, cutting, or otherwise shaping the processed materials
into useful objects.
[Added 4-8-2014 by Order No. 11-14]
Pipe, pipeline, tube, main, service, trap, vent, manhole,
meter, gauge, regulator, valve, conduit, wire tower, pole, pole line,
anchor, cable, junction box or any other material, structure or object
of any kind or character, whether enumerated herein or not, which
is or may be lawfully constructed, left, placed or maintained in,
upon, along, across, under or over any public place.
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.[6]
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.
As that term is defined in 12 M.R.S.A. § 10001(21),
as may be amended.
[Added 9-12-2023 by Order No. 62-23]
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 vehicular fuels or lubricants are retailed
directly to the public, including the sale of minor related accessories.
No repairs are permitted.
A building used for the preparation, display and related
ritual of the dead prior to burial or cremation.
See "yard or garage sale."
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 sign which is not structurally attached to the building.
[Added 6-2-1998 by Order No. 49-98]
As defined in 22 M.R.S.A. § 2422(3-C), as may be
amended.
[Added 6-1-2021 by Order
No. 28-21]
An institution that provides outpatient medical care including
as an integral part of the institution such related facilities as
laboratories, training facilities, central service facilities, and
staff offices.
[Amended 11-9-2021 by Order No. 74-21]
Mechanical repair of all types of vehicles, regardless of
weight; neither fuel sales nor body repair work occurs at such a facility.
Body repair work and related mechanical repairs of all vehicles,
to include metal fabrication for vehicular purposes; there are no
fuel sales.
[Amended 8-9-2011 by Order No. 55-11]
Any parcel of land of special significance in the history of the Town or its inhabitants, or upon which an historic event has occurred, and which has been designated as such in accordance with this Part 5. The term "historic site" shall also include any improved parcel, or part thereof, on which is situated a historic landmark, and any abutting improved parcel, or part thereof, used as and constituting part of the premises on which the historic landmark is situated as may be designated in accordance with Part 5 of this chapter.
[Added 1-8-2013 by Order No. 119-12]
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 §§ 181-35.2.1 through 181-35.2.3, home occupation levels.
Limited retail sales which are directly related to an approved
home occupation. All home retail sales shall be approved by the Planning
Board as part of a home occupation and shall meet and maintain all
standards contained in this Part 1.
An institution providing health services, primarily on an
inpatient basis, and medical or surgical care of the sick or injured,
including as an integral part of the institution such related facilities
as laboratories, outpatient departments, training facilities, central
service facilities, and staff offices.
[Amended 11-9-2021 by Order No. 74-21]
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.
As defined in 22 M.R.S.A. § 2422(4-N), as may be
amended.
[Added 6-1-2021 by Order
No. 28-21]
See "shooting range, indoor."
[Added 9-12-2023 by Order No. 62-23]
A street that provides access to abutting commercial or industrial
properties, the primary function of which is to serve those properties
and the development proposed for them. It is designed to be used,
or is used, to carry an average daily traffic (ADT) volume of at least
1,000 but not more than 3,000 vehicles per day.
[Amended 6-7-2005 by Order No. 34-05]
As defined in 22 M.R.S.A. § 2422(4-O), as may be
amended.
[Added 6-1-2021 by Order
No. 28-21]
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 driveway connecting two or more adjacent properties to
the public/private street system.
[Added 1-8-2013 by Order No. 29-12]
A yard, field or other area as defined in 30A 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.
The Town Council.
A level area (30 feet in depth at minus-one-percent grade)
at the intersection of the access connection and the public way.
[Added 1-8-2013 by Order No. 29-12]
Any person who has been issued a license by the Town to excavate
in public places in the Town.
A street whose primary function is to provide access to abutting
properties. It serves, or is designed to serve, not more than 150
dwelling units, and is designed to be used, or is used, to carry an
average daily traffic (ADT) volume of not more than 1,500 vehicles
per day.
[Amended 6-7-2005 by Order No. 34-05]
A lot with at least two contiguous sides abutting upon a
right-of-way.
A parcel of land in a single ownership occupied or capable of being occupied by one structure and the accessory structures or uses customarily incidental to it, including such open spaces as are required by this Code, and having frontage upon a street as defined herein, or in accordance with the provisions of § 181-14C.
[Amended 5-12-2015 by Order No. 18-15]
The width of the lot, measured at the point where the building
is closest to the right-of-way.
A mobile home manufactured after June 15, 1976, or a single-wide modular home, both of which must comply, if located on lots outside of mobile home parks, with the standards of § 181-33 of this Part 1, as well as the standards of the United States Department of Housing and Urban Development and/or the standards of the state's Manufactured Housing Act.
As defined in 22 M.R.S.A. § 2422(4-Q), as may be
amended.
[Added 6-1-2021 by Order
No. 28-21]
The mechanical or chemical transformation of materials or
substances into new products, including the assembly of component
parts, the creation of products, and the blending of materials, such
as oils, plastics, resins, or liquids. Manufacturing is classified
into two types, heavy and light.
[Amended 4-8-2014 by Order No. 11-14]
Any manufacturing that does not qualify as light manufacturing.
Heavy manufacturing is generally incompatible with residential and
commercial uses due to its high generation of traffic, noise levels,
emission levels, lighting and odors generated.
[Added 4-8-2014 by Order No. 11-14]
The assembly, fabrication or packaging of materials within
a fully enclosed building, but excluding basic processes such as smelting,
refining, distilling, forging, brewing and similar processes involving
converting raw materials to a finished or semi-finished product. Light
manufacturing is compatible, due to its size and nature of impact,
with residential and commercial uses because of the level of traffic
generated, noise levels, emission levels, lighting and odors generated.
[Added 4-8-2014 by Order No. 11-14]
The leaves, stems, flowers and seeds of a marijuana plant,
whether growing or not.
[Added 6-1-2021 by Order
No. 28-21]
As defined in 22 M.R.S.A. § 2422(4-J), as may be
amended.
[Added 6-1-2021 by Order
No. 28-21]
As defined in 22 M.R.S.A. § 2422(4-K), as may be
amended.
[Added 6-1-2021 by Order
No. 28-21]
As defined in 22 M.R.S.A. § 2422(4-L), as may be
amended.
[Added 6-1-2021 by Order
No. 28-21]
A boat basin offering dockage and ancillary services such
as boat sales, boat repair, indoor and outdoor storage of boats and
marine equipment, boat and tackle, shop and marine fuel service facilities.
As defined in 22 M.R.S.A. § 2422(4-B), as may be
amended.
[Added 6-1-2021 by Order
No. 28-21]
Mechanical repair of vehicles with a gross vehicular weight
(GWV) less than 14,000 pounds; neither fuel sales nor body repair
work occurs at such a facility.[7]
A "registered dispensary" as that term is defined in 22 M.R.S.A.
§ 2422(6), as may be amended. A medical marijuana dispensary
includes a location at which marijuana is cultivated by a registered
dispensary pursuant to 22 M.R.S.A. § 2428, as may be amended.
A medical marijuana dispensary is a facility registered under Title
22 of the Maine Revised Statutes. A medical marijuana dispensary is
only authorized as a principal use, and not as an accessory use.
[Added 5-12-2015 by Order
No. 17-15; amended 6-1-2021 by Order No. 28-21]
A "registered caregiver" as that term is defined in 22 M.R.S.A.
§ 2422(11), as may be amended.
[Added 6-1-2021 by Order
No. 28-21]
"Medical use" as that term is defined in 22 M.R.S.A. § 2422(5),
as may be amended.
[Added 6-1-2021 by Order
No. 28-21]
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, which the manufacturer
certifies is constructed in compliance with United States Department
of Housing and Urban Development Standards, shall be considered Manufactured
Housing for the purposes of this Part 1.
A residential dwelling unit designed for transportation,
after fabrication, to the site as one 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, if located on
lots outside of mobile home parks, shall meet the standards of and
be considered as manufactured housing units. Modular homes of two
or more component parts under this Part 1 shall be considered as 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.
The use of any building, land area, or other premise 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 Standish or School Administrative No. 6.
In the context of this chapter, the words "municipal" and
"municipality" refer to Standish 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.
Any street which has been constructed, reconstructed or re-paved
within the past five years.
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.
A type of "adult use marijuana cultivation facility" as that
term is defined herein with a maximum of 1,000 square feet of plant
canopy and that is subject to the requirements of 28-B M.R.S. § 501(3),
as may be amended.
[Added 4-12-2022 by Order No. 32-22]
A room or group of rooms used for conducting affairs of business,
professions, service industry or government.
The time of submission of a preapplication plan, preliminary
plan for subdivision or final plan for subdivision shall be considered
the submission date of the application for such plan approval to the
Board, complete and accompanied by any required fee and all data required
by these regulations.[8]
The percentage of buildable area that is required to be part
of designated open space.
[Added 1-8-2013 by Order No. 119-12]
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,
fully accessible for the storage or parking of vehicles.
A natural person, partnership, association, company, corporation,
limited liability company or organization or a manager, agent, owner,
director, servant, officer or employee thereof.
[Added 6-1-2021 by Order
No. 28-21]
The Planning Board of the Town of Standish created under
§ 601 of the Town Charter.
As defined in 22 M.R.S.A. § 2422(7-B), as may be
amended.
[Added 6-1-2021 by Order
No. 28-21]
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/or sandwich boards.
The preliminary drawings indicating the proposed layout of
the subdivision to be submitted to the Planning Board for its consideration.
Those unbuildable areas that include steep slopes (20% or
more), FEMA-determined floodplains, wetlands, and/or surface waters,
including streams.
[Added 1-8-2013 by Order No. 119-12]
The primary use to which the premises is devoted and the
main purpose for which the premises exists.
[Amended 5-12-2015 by Order No. 18-15]
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.
Any public street, way, place, sidewalk, park, square, plaza
or any other similar public property owned or controlled by the Town
and dedicated to public use, and any dedicated but unaccepted street
or way.
A governmentally regulated organization with franchise for
providing a service deemed necessary for the public health, safety
or welfare.[9]
A common water service operated by a municipality, governmental
agency, or a public utility for the furnishing of water that meets
the standards of the State of Maine for drinking water.
[Added 5-12-2015 by Order
No. 18-15]
As defined in 22 M.R.S.A. § 2422(9), as may be
amended.[10]
[Added 6-1-2021 by Order
No. 28-21]
A vehicle or vehicular attachment designed for temporary
sleeping or living quarters for one or more persons, which is not
a dwelling and which may include a pickup camper, travel trailer,
tent trailer and motor home.
Land, with or without buildings, upon which used materials
are separated or processed for eventual re-utilization.
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.
A residential development planned, maintained, operated and
integrated with a major recreational facility such as a golf course,
ski resort, lake resort or marina.
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.
[Amended 1-8-2013 by Order No. 29-12]
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.
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.
A retail business as defined herein that by design, physical
facilities, service or packaging procedures encourages or permits
customers to receive services or obtain goods while remaining in their
vehicle.
[Added 1-8-2013 by Order No. 29-12]
Any right-of-way (ROW) intended to be used for the passage
of persons or vehicles.
Intermodal facility for the redistribution of goods and products.
[Amended 11-9-2021 by Order No. 74-21]
Any building or part thereof which is used for education
or instruction in any branch of knowledge to include public, private,
business, trade, driving or dance schools and excluding "colleges"
or "muncipal uses" as defined herein.
[Amended 11-9-2021 by Order No. 74-21]
Those areas with significant natural features that may include
open fields, high-value natural areas, prime USDA agricultural soils,
mature woodlands, stone walls, tree lines, existing historic structures,
scenic views into and out of the property, trails and hilltops.
[Added 1-8-2013 by Order No. 119-12]
As defined in 22 M.R.S.A. § 2422(14-B), as may
be amended.
[Added 6-1-2021 by Order
No. 28-21]
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 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.
An area that is designed for, and intended to, provide a
location for the discharge of various types of firearms, including,
but not limited to, handguns, rifles, shotguns, and black powder weapons,
and where shooting stations, firing lines and/or lanes, target areas,
and all other related components of the shooting range are fully and
entirely enclosed within a building or structure.
[Added 9-12-2023 by Order No. 62-23]
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 place designed and equipped for the conduct of social gatherings
and open to scheduled groups for financial consideration.
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 2-11-2020 by Order
No. 116-19]
A solar energy system that is structurally mounted to the
ground and is not roof-mounted; may be of any size (small-scale, medium-scale
or large-scale).
[Added 2-11-2020 by Order
No. 116-19]
A solar energy system that occupies 17,000 square feet or
more of surface area; surface area shall be measured by the total
surface area of the solar collector at maximum tilt that occupies
a given space.
[Added 2-11-2020 by Order
No. 116-19]
A solar energy system that occupies between 2,000 and 16,999
square feet of surface area; surface area shall be measured by the
total surface area of the solar collector at maximum tilt that occupies
a given space.
[Added 2-11-2020 by Order
No. 116-19]
A solar energy system that is mounted on or integrated into
the roof of a building or structure; may be of any size (small-scale,
medium-scale or large-scale).
[Added 2-11-2020 by Order
No. 116-19]
A solar energy system that occupies up to 1,999 square feet
of surface area; surface area shall be measured by the total surface
area of the solar collector at maximum tilt that occupies a given
space.
[Added 2-11-2020 by Order
No. 116-19]
A use that would not be appropriate generally or without
restriction throughout the zoning division or 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 Part 1. Special exceptions
require approval from the Zoning Board of Appeals and the Planning
Board in accordance with the standards and procedures established
in this Part 1.
An area of stacking spaces and driving lane provided for
vehicles waiting for drive-through service that is physically separated
from other traffic and pedestrian circulation on the property being
developed.
[Added 1-8-2013 by Order No. 29-12]
An area within a stacking lane for vehicles waiting to order
and/or finish a drive-through transaction.
[Added 1-8-2013 by Order No. 29-12]
Free flowing drainage path containing a naturally scoured
mineral bottom with banks and generally depicted with a blue line
on a USGS topographic map.
[Added 1-8-2013 by Order No. 119-12]
Downstream of or below where two first-order streams merge.
[Added 1-8-2013 by Order No. 119-12]
A publicly dedicated way accepted by the Town or approved by the Planning Board with the proposed improvements conditioned by a performance guaranty in accordance with § 252-22 of Chapter 252, Streets and Sidewalks, and maintained under public authority for vehicular traffic and including the entire right-of-way.
[Amended 5-2-2007 by Order No. 25-07]
A building and/or improvement to the real property, including
paved surfaces.
That person who has written authorization to act for the
assessed owner or owners of land to be subdivided.
The assessed owner or owners of land to be subdivided.
For the purposes of this Part 1, a "subdivision" shall be defined as in 30 M.R.S.A. § 4401(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. A lot of 40 or more acres shall not be counted as a lot except when the lot or parcel from which it was divided is located entirely or partially within any shoreland area.
Completion of 30% of a permitted structure or use, measured
as a percentage of total estimated value to complete.
Any pipe, conduit, duct, tunnel, manhole, vault, buried cable
or wire or any other similar structures located below the surface
of any public place.
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 less than 1,200 gallons' capacity.
A sign other than a portable sign designed and intended to
be displayed for a short period of time.
A type of "adult use marijuana cultivation facility" as that
term is defined herein with a maximum of 500 square feet of plant
canopy.
[Added 4-12-2022 by Order No. 32-22]
A type of "adult use marijuana cultivation facility" as that
term is defined herein with a maximum of 2,000 square feet of plant
canopy.
[Added 4-12-2022 by Order No. 32-22]
The angle of the solar panels and/or solar collector relative
to horizontal of a solar energy system.
[Added 2-11-2020 by Order
No. 116-19]
The cutting and removal of trees from their growing site
and the attendant operation of mobile or portable chipping mills and
of cutting, limbing and skidding machinery, including the creation
and use of skid trails, skid roads and winter haul roads. In addition,
the following amounts must be cut or removed from site to meet this
definition: 40 or more cords; 20,000 or more board feet; or 60 or
more tons of chips.
The combined area of primary conservation area plus secondary
conservation area.
[Added 1-8-2013 by Order No. 119-12]
The Town of Standish and/or its Highway Department authority.
Any occupation or profession which is accessory to a residential
use and is customarily carried on in a building or other structure
accessory to a dwelling unit and carried on by a member of the family
residing in the dwelling unit that meets and maintains the performance
standards contained in this Part 1.
Any unmotorized towed vehicle used or so constructed as to
permit its being used as a conveyance on the public streets and highways
and duly licensed as such and 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 "trailer"
shall not be construed as a mobile home for the purposes of this Part
1.
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.
Physical or chemical process of transforming a product or
materials into goods to be re-used for wholesale distribution.
Land area that cannot be counted toward the minimum lot size of a proposed lot within a subdivision as set forth in § 181-92, Land not suitable for development, as may be amended from time to time.
[Added 1-8-2013 by Order No. 119-12]
A private company, corporation or quasi-municipal corporation
under the direction and control of the Public Utilities Commission.
A place for the diagnosis and treatment of animals.
A building used primarily for the temporary storage of goods
and materials.
A business operating primarily in sales to retailers, other
merchants, industrial and/or commercial users mainly for resale or
business use.
[Added 11-9-2021 by Order No. 74-21]
The area of land on a lot that is normally cultivated and
is not occupied by the principal building.
[1]
Editor's Note: Pursuant to Order No. 174-98,
adopted 1-12-1999, which repealed § 181-27, Cluster development,
the former definition of "cluster subdivision," which immediately
followed this definition, was removed.
[2]
Editor’s Note: See 42 U.S.C. § 3601 et seq.
[3]
Editor’s Note: See 42 U.S.C. § 12101 et seq.
[4]
Editor’s Note: See 29 U.S.C. § 16 et seq.
[5]
Editor's Note: This definition was amended at the direction of the Town to reflect the 10-13-2009 amendments to § 181-28, Elderly housing, by Order No. 104-09.
[6]
Editor's Note: The definition of "family apartment," which
immediately followed this definition, was repealed 6-6-2023 by Order
No. 26-23.
[7]
Editor's Note: The former definition of "medical clinic,"
which immediately followed this definition, was repealed 11-9-2021
by Order No. 74-21.
[8]
Editor's Note: The definition of "open space
use," which immediately followed this definition, was repealed 5-13-2003
by Order No. 21-02. See now the definition of "common area use."
[9]
Editor’s Note: The former definition of "public water
supply," which immediately followed this definition, was repealed
5-12-2015 by Order No. 18-15.
[10]
Editor's Note: The former definition of "recreation, commercial,"
which immediately followed this definition, was repealed 11-9-2021
by Order No. 74-21.
