Town of Boothbay Harbor, ME Article XI Definitions and Word Usage

§ 170-113 Words and terms defined.

A. Except where specifically defined in this Land Use Code, all words/terms used in this Land Use Code must carry their customary meanings unless the context clearly implies otherwise. The word "must" or "will" is always mandatory. The word "may" is permissive. The singular shall include the plural.

B. As used in this Land Use Code, the following terms shall have the meanings indicated:

ABUTTER

The owner of property bordering a subject lot or parcel of land or structure including land or structure across a road, street, right-of-way or waterway. Waterways are limited to a distance of 500 feet. This includes abutters across any municipal boundary lines. Owners will be as listed in the town's assessing records.

ACCESSORY STRUCTURE OR USE

A use or structure which is customarily incidental and/or subordinate to the principal use or structure and located on the same lot. Accessory uses, when aggregated (formed by collection into a mass or sum), shall not subordinate the principal use of the lot. A deck or similar extension of the principal structure or garage attached to the principal structure by a roof or a common wall is considered part of the principal structure.

[Amended 5-2-2015 by ATM Art. 29]

ADJACENT GRADE

The natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

ADULT BUSINESS ESTABLISHMENT/ADULT ENTERTAINMENT

Any retail business whether conducted from a fixed or mobile location or vehicle, including, but not limited to, any bookstore, newsstand, novelty store, nightclub, bar, cabaret, amusement arcade or theater, which:

(1) Keeps for public patronage or permits or allows the operation or use of any adult amusement device containing sexually explicit material; or

(2) Permits any person on the premises, including an employee, entertainer or patron, to expose that person's genitals, pubic hair, buttocks or perineum, or the areola of a female breast, to a patron or member of the general public.

(3) Exhibits or displays, more often than an average of two weeks during any calendar year of operation, any motion pictures or any other visual representation described or advertised as being "X-rated" or "for adult only," or which customarily excludes persons from any portion of the premises by reason of immaturity of age by the use of such or similar phrases; or

(4) Has more than 10% of its stock-in-trade that consists of products containing sexually explicit material; or

(5) "Distributes" or "exhibits" any "obscene matter" as those terms are defined by 17 M.R.S.A. § 2911, Subsection 1.

AFFORDABLE HOUSING

Those units meeting the requirements set forth or defined by the Maine State Housing Authority and the Department of Economic and Community Development. Affordable housing includes government-assisted or -subsidized housing; and low-income housing.

AFTER THE FACT

An action work has started, commenced or completed that normally would require that a permit/license be secured before commencement.

AGGRIEVED PARTY

A person whose land is directly or indirectly affected by the granting of denial of a permit or variance under this chapter; or a person whose land abuts or is across a road or street or body of water from land for which a permit or variance has been granted; or any other person or group of persons who have suffered particularized injury as a result of the granting or denial of such permit or variance. The use of the words "body of water" is limited to a distance of not more than 500 feet.

AGRICULTURE

The production, keeping or maintenance for sale or lease of plants and/or animals, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock; fruits and vegetables; and greenhouse products. Agriculture does not include forest management and timber harvesting activities.

ALTERATION

Any interior/exterior changes, addition or modification in construction or change in the structural members of a building, such as but not limited to walls, columns, beams or girders, or in the use of a building.

ANIMAL BREEDING OR CARE

The keeping or raising of animals, including fowl, for any commercial use. This definition also includes kennels.

ANIMAL HUSBANDRY

Dairying; raising of livestock; breeding or keeping of animals, birds or fish as a business or gainful occupation. Specifically excluded are fur farms, raising of pigs and dog kennels.

ANTENNA HEIGHT

The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure, even if said highest point is an antenna. Measurement of tower height shall include antenna, base pad and other appurtenances and shall be measured from the finished grade of the facility site. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

AQUACULTURE

The growing or propagation of harvestable fresh or salt water, estuarine or marine plant or animal species.

[1]

ART GALLERY, MUSEUM, OR LIBRARY

A facility intended for public access to view, read, listen to, and/or watch audio-visual materials (which may include related presentations, such as meetings, forums, and lectures). However, a facility intended primarily for the viewing of plays and/or movies or similar material, such as a theater, shall not be considered an art gallery, museum, or library. Art galleries, museums, and libraries are examples, but all other such facilities ate included within this definition. Such a facility may make sales of materials related to its function, either for-profit or on a nonprofit basis.

[Added 6-20-2022 by ATM Art. 30]

AUTOMOBILE GRAVEYARD

See Maine Law/Statute 30-A § 3752.

[Amended 5-2-2005 by ATM Art. 88]

BASAL AREA

The area of cross-section of a tree stem at 41/2 feet above ground level and inclusive of bark.

[2]

BASEMENT

Any area of the building having its floor subgrade (below ground level).

[Amended 5-3-2004 by ATM Art. 75]

BED-AND-BREAKFAST

Any dwelling with more than three but fewer than 10 rooms where lodging, boarding or lodging capabilities are provided and the service or sale of food or drink is offered to the users for compensation/income.

BOARDINGHOUSE

See "rooming, boarding or guest house."

BOATHOUSE

A structure for the sole purpose of protecting or storing boats and related gear or equipment.

BOAT LAUNCHING FACILITY

A facility designed primarily for the launching and landing of watercraft, and which may include an access ramp, docking area and parking spaces for vehicles and trailers.

[3]

BUILDABLE LAND

Land in a parcel which is left over after all deductions made under the net residential area or acreage calculations have been made.

[Added 5-8-2010 by ATM Art. 73]

BUILDING

See "structure."

[4]

CAMPGROUND

Any area, tract or parcel of land used to accommodate two or more parties in temporary living quarters, including but not limited to tents, recreational vehicles, camper trailers or other camping outfits or shelters.

CAMPSITE

An area of land which is developed for repeated camping by only one group not to exceed six individuals and which involves site improvements, which may include but is not limited to gravel pads, parking areas, fireplaces or tent platform(s).

CERTIFICATE OF COMPLIANCE

A document signed by the Code Enforcement Officer stating that a structure is in compliance with all of the provisions of this Land Use Code.

CHILD-CARE FACILITY

A building or buildings in which a person or persons maintains or otherwise carries out a program, for any part of the day, providing care and protection. Child-care facilities, with or without consideration for the services rendered, may be operated as a service business or within a church or community building.

COASTAL WETLAND

See "wetland."

CODE ENFORCEMENT OFFICER

A person appointed by the Board of Selectmen to administer and enforce the codes and ordinances of the Town of Boothbay Harbor. Reference to the "Code Enforcement Officer" may be construed to include Building Inspector, Plumbing Inspector, Health Officer and the like, where applicable.

COLLOCATION

The use of a wireless communications facility by more than one wireless communications provider.

COMMERCIAL

The use of lands, buildings or structures, other than a home occupation, where the intent and result of an activity is the production of income from the buying, selling, trading, renting or leasing of goods and/or services, except the second unit of a structure known as a "duplex."

COMMERCIAL FISHERIES ACTIVITIES

Activities directly related to commercial fishing and those commercial activities commonly associated with or supportive of commercial fishing, such as the manufacture or sale of ice, bait and nets and the sale, manufacture, installation or repair of boats, engines and other equipment or hardware commonly used on commercial fishing boats.

COMMERCIAL GYMNASIUM or FITNESS CENTER

A building which contains facilities and equipment for exercising, physical training, and sports activities.

COMMUNICATIONS TOWER

A structure used for transmitting and receiving radio, microwave or similar electromagnetic signals, not including antennas and satellite dishes designed for ordinary home or farm use. "Communications tower" shall not mean a utility pole that supports electric or telephone transmission lines and which is owned by a public utility.

COMMUNITY SERVICE ORGANIZATION

A nonprofit charitable institution, not to include private clubs, the primary function of which is serving the public health or social welfare of the community.

COMPLETED APPLICATION

All information has been submitted and answers provided; the reviewing authority is satisfied that the information submitted is sufficient to commit the applicant to a documented course of development or construction; the information submitted is sufficient for each Board member to make a decision to approve or disapprove the request or application.

COMPREHENSIVE PLAN

Any part or element of the overall plan and policy for development of the Town of Boothbay Harbor, Maine, as defined in 30-A M.R.S.A. § 4314, and all amendments and revisions thereto.

[Added 5-8-2010 by ATM Art. 73]

CONDITIONAL USE

As used under the prior Zoning Ordinance, Chapter 170, a use of land, building or structure that generally would be appropriate in the zoning district for which it is proposed; however, due to existing conditions, such as but not limited to the natural conditions of the land, roads, streets, public utilities or services, growth and the accumulative effect of that use in that district or area of town, where it has been deemed necessary to protect the public health, safety and welfare, certain restrictions and controls may or will be needed to meet the intentions and purposes of this chapter. Conditional uses may be permitted only after review and approval by the Planning Board.

CONDOMINIUM

A form or arrangement of ownership interest of real estate, portions of which are designated for separate ownership and the remainder of which are for common ownership solely by the owners of those portions under a declaration or an amendment to a declaration, duly recorded pursuant to Maine law. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

CONFORMING

A building, structure or use of land or portion thereof which complies with all the applicable provisions of this Land Use Code.

CORNER LOT

A lot located at the intersection of two streets, roads or public rights-of-way.

DECK

A structure that is open to the elements of the weather of which the highest part or portion is elevated at least six inches above the ground.

DEVELOPMENT

Any change caused by individuals or entities to improved or unimproved real estate, including but not limited to the construction of buildings or other structures; the construction of additions or substantial improvements to buildings or other structures; mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials; and the storage, deposition, or extraction of materials, public or private sewage disposal systems or water supply facilities.

DIMENSIONAL REQUIREMENTS

The numerical standards relating to spatial relationships, including but not limited to setback, lot area, shore frontage and height.

DISABILITY

Any disability, infirmity, malformation, disfigurement, congenital defect or mental condition caused by bodily injury, accident, disease, birth defect, environmental conditions or illness; and also includes the physical or mental condition of a person which constitutes a substantial handicap as determined by a physician or in the case of mental handicap, by a psychiatrist or psychologist, as well as any other health or sensory impairment which requires special education, vocational rehabilitation or related services.

DRIVEWAY

Access route or right-of-way to any single-family dwelling or to a duplex building.

[Amended 5-8-2010 by ATM Art. 73]

DUPLEX

Two dwelling units in one structure.

DWELLING

A building/structure designed or used as the permanent or seasonal living quarters for one or more families. The word is not deemed to include hotel or motel. The word includes mobile homes, but not trailers, camper trailers or recreational vehicles.

DWELLING UNIT

A room or group of rooms providing habitation for one family, including provisions for living, sleeping, cooking and plumbing. The word includes mobile homes, but not trailers, camper trailers or recreational vehicles. The word "plumbing" includes bathing and sanitary facilities.

[5]

EASEMENT

The authorization of a property owner for the use by another, and for a specified purpose, of any designated part of his/her property.

[Added 5-8-2010 by ATM Art. 73]

EMERGENCY OPERATIONS

Activities needing to be conducted in a lesser time span than the normal processing time periods relating to public health, safety or general welfare, such as protection of resources from immediate destruction or loss, law enforcement and operations to rescue human beings, property and livestock from the threat of destruction or injury.

ENGINEER

A person licensed by the State of Maine as an engineer.

[Added 5-8-2010 by ATM Art. 73]

ESSENTIAL SERVICES

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, pipe, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar accessories, but does not include service drops or buildings which are necessary for the furnishing of such services. Also included within this definition is the construction of such essential services.

EXCAVATION

Any removal of earth or earth material in excess of 10 cubic yards from its original position in any 12 consecutive months.

EXPANSION OF A STRUCTURE

The increase in the floor area or volume of a structure, including all extensions, such as but not limited to attached decks, garages, porches and greenhouses and the enclosing of a porch, deck or patio, or the addition of antennas, towers or other devices to an existing structure.

EXPANSION OF A USE

The addition of weeks or months to a use's operating season; additional hours of operation; or the use of more floor, ground or land area devoted to a particular use.

FAA

The Federal Aviation Administration, or its lawful successor.

FAMILY

One or more persons occupying a dwelling and living as a single housekeeping unit. This does not include a group occupying a tourist home, rooming house, hotel, motel or inn.

FARM

See the definition of "agriculture."

[Amended 5-2-2005 by ATM Art. 88]

FCC

The Federal Communications Commission, or its lawful successor.

FINAL SUBDIVISION PLAN

The final drawings on which the subdivider's plan of the subdivision is presented to the Planning Board for approval and which, if approved, shall be filed for record with the Town and the Lincoln County Registry of Deeds.

[Added 5-8-2010 by ATM Art. 73]

FIRE LANE

An unobstructed lane of travel into or through an area for emergency vehicle use. Fire lanes shall be a minimum of 15 feet in width.

FIREWOOD PROCESSING

A place where firewood is delivered, cut and split and from which it is sold for commercial purposes.

[6]

FLOOR AREA

The sum of the horizontal area of the floors of a structure enclosed by exterior walls, plus the horizontal area of any unenclosed portions of a structure such as porches and decks.

FOREST MANAGEMENT ACTIVITIES

The timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, management planning activities, timber stand improvement, pruning, regeneration of forest stands, fire lanes and other similar or associated activities, exclusive of timber harvesting and the construction, creation or maintenance of roads.

FORESTED WETLAND

A freshwater wetland dominated by woody vegetation that is six meters tall or taller.

FOUNDATION

The supporting substructure of a building or other structure, including but not limited to basements, slabs, sills, posts or frost walls.

[7]

FRESHWATER WETLAND

See "wetland."

FRONTAGE

The length of a lot bordering on a public or private street, road or right-of-way or, in the case of land frontage on public waters, the length in a straight line measured between the intersections of the side lines with the shoreline at high-water elevation.

FRONT YARD

The space extending for the width of a lot between the extreme front line of a building and the nearest street, road or outer boundary line of a right-of-way.

FUNCTIONALLY WATER-DEPENDENT USES

Those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in coastal waters and cannot be located away from these waters. These uses include but are not limited to commercial and recreational fishing and boating facilities (excluding recreational boat storage buildings), finfish and shellfish processing, fish storage, retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards, boat building facilities, marinas, navigation aides, basins and channels, industrial uses dependent upon waterborne transportation or requiring large volumes of water for cooling or processing water that cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters. Functional water-dependent uses do not include recreational boat or boat equipment storage buildings.

[Amended 5-5-2003 by ATM Art. 20; 5-3-2019 by ATM Art. 5]

GASOLINE SERVICE STATION

Any place of business at which gasoline, other motor fuels or motor oil are sold to the public for use in a motor vehicle, regardless of any other business on the premises.

GREAT POND

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 Land Use Code where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner.

GREAT POND CLASSIFIED GPA

Any great pond classified GPA, pursuant to 38 M.R.S.A. § 465-A, includes some but not all impoundments of rivers that are defined as great ponds.

HALF STORY

The space under a sloping roof which has the line of intersection of the roof decking and wall face not more than three feet above the top floor level, and in which space not more than 1/2 of the floor area is finished off for use.

[Amended 5-3-2019 by ATM Art. 3]

HEAD OF THE HARBOR

All the shoreland and lands adjacent to the inner harbor area north of the town's footbridge.

HEAVY INDUSTRY

An industry which exceeds one or more of the definitions of a light industry.

HEIGHT OF BUILDING/STRUCTURE

The vertical distance between the mean finished grade or the mean original grade, whichever is lowest in elevation, at the building or structure and the highest point of the roof. Excluded are chimneys, steeples, antennas (not antenna dishes) and similar appurtenances which have no floor area.

[Amended 5-3-2004 by ATM Art. 75]

(1) Measurements to establish mean finish grade must be taken at the foundation, slab or post that support the building or structure, and inside any projecting deck, porches or overhangs.

(2) Measurements to establish mean existing grade must be taken at the locations representing the outer edge of the foundation, slab or post that will support the proposed building or structure not including any proposed deck, porches or overhangs.

HIGH-WATER MARK

(1) In tidal waters, that line which is apparent from visible marking, changes in the character of soils due to prolonged action of the water or changes in vegetation and which distinguishes between predominantly aquatic and predominantly terrestrial land. For the Boothbay Harbor area, this elevation is 5.9 feet local datum or 7.4 feet NGVD.

(2) In nontidal waters, that line on the shores and banks of nontidal waters which is apparent because of the contiguous different character of the soil or the vegetation due to the prolonged action of the water. Relative to vegetation, it is that line where the vegetation changes from predominantly aquatic to predominantly terrestrial (by way of illustration, aquatic vegetation includes but is not limited to the following plants and plant groups: water lily, pond lily, pickerelweed, cattail, wild rice, sedges, rushes and marsh grasses; and terrestrial vegetation includes but is not limited to the following plants and plant groups: upland grasses, aster, lady slipper, wintergreen, partridgeberry, sarsaparilla, pines, cedars, oaks, ashes, alders, elms and maples). In places where the shore or bank is of such character that the high-water mark cannot be easily determined (rockslides, ledges, rapidly eroding or slumping banks), the high-water mark may be estimated from places where it can be determined by the above method.

HISTORICAL OR ARCHAEOLOGICAL RESOURCES

Resources that are:

(1) Listed individually in the National Register of Historic Places or eligible for listing on the National Register.

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district.

(3) Individually listed on a state inventory of historic places which has been approved by the Secretary of the Interior.

(4) Individually listed on a local inventory of historic places that has been certified either by an approved state program determined by the Secretary of the Interior, or directly by the Secretary of the Interior.

(5) Areas identified by a governmental agency such as the Maine Historic Preservation Commission as having significant value as a historic or archaeological resource and any areas identified in the Comprehensive Plan, which have been listed or are eligible to be listed on the National Register of Historic Places.

HISTORIC LANDMARK

Any improvement, building or structure of particular historic or architectural significance to the Town relating to its heritage, cultural, social, economic or political history, or which exemplifies historic personages or important events in local, state or national history identified in the municipality's Comprehensive Plan, which have been listed or are eligible to be listed on the National Register of Historic Places.

HOME OCCUPATION

An occupation or profession which is carried on in a dwelling unit or other structure accessory to a dwelling unit by a member of the family residing in the dwelling unit, clearly incidental and secondary to the use of the dwelling unit for residential purposes, and which employs no more than two persons other than family members residing in the dwelling. A retail sales outlet does not qualify as a home business unless the item sold is a product of the owner's labor (e.g., manufactured, produced, created, grown, caught).

HOSPICE

A building or structure which is used for the housing and care of terminally ill human beings. It shall also include accessory uses which are directly associated with the housing and care of terminally ill human beings such as kitchen facilities, solariums, physicians' office, etc.

HOTEL

A commercial building or group of buildings consisting of 10 or more units built to accommodate, for a fee, travelers and other transient guests who are staying for a limited duration with sleeping rooms without cooking facilities, each unit having its own private bathroom and its own separate entrance leading either to the outdoors or a common corridor or hallway. A hotel or motel may include restaurant facilities where food is prepared and meals are served to its guests and other customers.

HOUSEHOLD PETS

Animals normally expected to be found living or habitating a dwelling unit with the human occupants. By itself, the fact that an animal habitates (lives) in a dwelling unit does not constitute a "household pet."

INCREASE IN NONCONFORMITY OF A STRUCTURE (OUTSIDE THE SHORELAND ZONE)

Property changes or structure expansions which either meet the dimensional standard or which cause no further increase in the linear extent of nonconformance of the existing structure shall not be considered to increase nonconformity. For example, there is no increase in nonconformity with the setback requirement for center lines, side yards or rear yards, if the expansion extends no further into the required setback area than does any portion of the existing nonconforming structure. Hence, a structure may be expanded laterally, provided that the expansion extends no closer to the center line or property line than the closest portion of the existing structure from that center line or property line. Included in this allowance are expansions which in-fill irregularly shaped structures.

[Added 5-3-2013 by ATM Art. 38]

INDIVIDUAL PRIVATE CAMPSITE

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 gravel pads, parking areas, fire places or tent platforms.

INDUSTRIAL

The assembling, fabrication, finishing, manufacturing or processing of goods, or the extraction of minerals.

INDUSTRY

An establishment engaged in the mechanical or chemical transformation of materials or substances into new products which may include the assembly of component parts, the manufacturing of products and/or the blending of materials such as lubricating oils, plastics or resins.

JUNKYARD

See Maine Law/Statute 30-A § 3752.

[Amended 5-2-2005 by ATM Art. 88]

KENNEL, COMMERCIAL

Any place, building, tract of land or abode in or on which privately owned dogs or other pets, or both, are kept for the owners in return for a fee.

LEGISLATIVE BODY

Town Meeting, Town of Boothbay Harbor, Maine.

[Added 5-8-2010 by ATM Art. 73]

LIBRARY

See "art gallery, museum, or library."

[Added 6-20-2022 by ATM Art. 30]

LINE OF SITE

The direct view of the object from the noted scenic resource.

LIGHT INDUSTRY

An industry which meets the following performance criteria:

(1) All aspects of the industrial process are carried on within the industrial structure.

(2) Noise level of the industrial process does not exceed 75 decibels at any property line.

(3) Exterior storage of materials occupies no larger than 2,000 square feet of contiguous land area.

(4) There are no water or air emissions other than sanitary waste.

(5) The number of trucks requiring a Class 1 or Class 2 license does not typically exceed 10 per day.

(6) There is no manufacture of hazardous materials in quantities large enough to cause a public health hazard in case of accidental release.

(7) The definition does not include seafood processing.[8]

LOT

A parcel of land, described on a deed, plot or similar legal document.

LOT AREA

The area of land enclosed within the boundary lines of a lot, minus any land below the high-water line of a water body or upland edge of a wetland and areas beneath roads serving more than two lots.

[9]

LUMBERYARD

A place where lumber and other building construction materials are sold.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.

[Amended 5-3-2004 by ATM Art,. 75]

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MARINA

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, boat launching and hauling, marine equipment, bait and tackle sales, the sale of provisions, such as unprepared food, ice, water and beverage items and marine fuel service facilities. To provide the services of a full-transit-type marina, the sale of prepared foods may be allowed; however, the sale must be limited to sandwiches and soft drinks and a seating capacity of no more than nine persons (indoor or outdoor seats), and the business must provide a minimum of seven of the above services.

MARINE-ORIENTED ACTIVITIES

See "functionally water-dependent uses."

MARITIME ACTIVITIES

The construction, repair, storage, loading and unloading of boats, ships or barges, chandlery and other commercial activities designed and intended to facilitate maritime trade.

MARKET VALUE

The estimated fair market value of the subject structure that is set or determined by a Maine-State-certified real estate appraiser or assessor. The appraisal shall be performed for the whole property, including land and all structures. The appraisal must be broken down into individual components so as to show individual structures and their market values. In all cases, the market value will pertain only to the structure in question and does not include land, landscaping or any detached accessory structures on the property. However, when a structure is on a pier or dock, it does include that portion or part of the pier beneath the footprint of the structure.

[10]

MICRO-BREWERY

A place where malt liquors are manufactured as an accessory to a restaurant, provided that such malt liquors are manufactured primarily for consumption on the premises (sales of no more than 50 gallons per month to other business establishments).

MINERAL EXPLORATION

The hand sampling, test boring or electronic 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.

MINERAL EXTRACTION

Any operation within any twelve-month period which removes or displaces more than 100 cubic yards of soils, topsoil, loam, sand, gravel, clay, rock, peat or other like material from its natural location.

MINIMUM LOT WIDTH

The closest distance between the side lot lines of a lot.

[11]

MOBILE HOME/HOUSE TRAILER

A detached totally self-contained residential dwelling unit which is 32 feet or more in length (including tongue), designed for transportation, after fabrication, on streets and highways, arriving at the site where it is to be occupied as a permanent or seasonal dwelling complete and ready for occupancy except for location on jacks or other temporary or permanent foundations and connections to approved facilities. A mobile home remains a mobile home for the purpose of this Land Use Code even though it may be used for advertising, sales, display, storage or promotion of merchandise or services or for any other use except the transportation of property.

MOBILE HOME PARK

A contiguous parcel of land under unified ownership approved by the Town for the placement of mobile homes which are to be rented, leased or sold.

MODULAR HOME

A prefabricated residential structure which is transported in two or more sections to its site where it is joined together and set on a permanent foundation. This includes homes classified as "double-wide trailers."

MOTEL

Same as "hotel."

MOTOR HOME

A motorized vehicle that provides temporary living quarters for recreational camping, travel or other similar uses.

MULTIFAMILY DWELLING

A residential structure containing three or more dwelling units, such structures being designed exclusively for residential use and occupancy by three or more families living independently of one another, with the number of families not exceeding the number of units.

[12]

MUSEUM

See "art gallery, museum, or library."

[Added 6-20-2022 by ATM Art. 30]

NEIGHBORHOOD GROCERY STORE

A small retail store of less than 1,600 square feet, selling food and convenience items and serving the residents in the immediate vicinity.

[13]

NET RESIDENTIAL AREA OR ACREAGE

The area of a parcel which is suitable for development as determined by the Planning Board; shall be calculated by subtracting the following from the total or gross acreage of a parcel:

[Added 5-8-2010 by ATM Art. 73]

(1) Total acreage that is used for street and sidewalk rights-of-way.

(2) Portions of the parcel containing slopes over 35%.

(3) Portions of the parcel shown to be within the one-hundred-year floodplain and floodway as designated on Federal Emergency Management Agency (FEMA) maps.

(4) Portions of the parcel located in the Resource Protection District.

(5) Portions of the parcel which are unsuitable for development in their natural state due to drainage or subsoil conditions, including, but not limited to:

(a) Water table at or near the surface for all or part of the year.

(b) Unstable soils, such as Sebago Mucky Peat.

(6) Portions of the parcel covered by surface water bodies. Where the extent of unsuitability in a specific case requires interpretation, the Planning Board shall be guided by whether or not the potentially unsuitable area could be incorporated and used in the parcel if the entire tract were developed as a traditional minimum size subdivision.

NET RESIDENTIAL DENSITY

The number of units per net residential acre.

[Added 5-8-2010 by ATM Art. 73]

NONCONFORMING

The use of a building, structure, premises, land or a portion thereof existing at the effective date of adoption or amendment of this Land Use Code, which does not conform to all applicable provisions of this Land Use Code.

NONCONFORMING USE

A use of building(s), land or parts thereof which is not permitted in the district in which it is situated which, however, is allowed to remain or continue solely because it was in lawful existence at the time this Land Use Code or subsequent amendment took effect.

NONCONFORMING STRUCTURE

A structure that does not meet any one or more of the following dimensional requirements of the district in which it is located, including setbacks, height, yard or lot coverage. However, it is allowed solely because it was in lawful existence at the time this Land Use Code or subsequent amendments took effect.

NONCONFORMING LOT

A single lot of record which, at the effective date of adoption or amendment of this Land Use Code, does not meet the area, frontage, width or depth requirements of the district in which it is located.

NORMAL HIGH-WATER LINE

See "high water mark."

ONE-HUNDRED-YEAR FLOOD

See "base flood."

OPEN SPACE

Land set aside for passive and/or active use, including recreation purposes, preservation of environmentally sensitive areas, undevelopable land and buffers.

[Added 5-8-2010 by ATM Art. 73]

OUTDOOR CONSERVATION

A nonintensive recreational use not requiring structures, such as hunting, fishing, hiking, snowmobiling, fire prevention activities, wildlife management practices, soil and water conservation practices, harvesting of wild crops and public or private parks and recreation areas involving minimal structural development.

PARABOLIC ANTENNA (also known as a "satellite dish antenna")

An antenna which is bowl-shaped, designed for the reception and/or transmission of radio frequency communication signals in a specific directional pattern.

PARKING AREA

An area on the ground or structure at ground level designed or used for the daily parking of vehicles. A parking area is considered an accessory use or structure and must be associated with an approved principal structure. See "parking facility."

[Added 5-3-2004 by ATM Art. 73; amended 5-2-2015 by ATM Art. 28]

PARKING FACILITY

An off-street, ground-level area, usually surfaced and improved, for the temporary storage of motor vehicles; or a deck, building or structure, or part thereof, used or intended to be used for the parking and storage of motor vehicles.

PARKING SPACE

A minimum area of 162 square feet, 18 feet by 9 feet, exclusive of drives, aisles or entrances, fully accessible for the storage or parking of vehicles.

PATIO

Any open (may be covered but not enclosed) structure constructed or placed on/in the ground, any part or portion of which must be less than six inches above ground level.

PERMANENT STRUCTURE

Any structure constructed or erected with a fixed location, or attached to a structure with a fixed location, on or in the ground or having a fixed location in, on or over the water for a period exceeding 7 months each year, including but not limited to causeways, piers, docks, concrete slabs, piles, marinas, retaining walls and buildings.

PERMITTED USE

The primary use allowed to locate in a district as a matter of right.

PERSON

An individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two or more individuals having a joint or common interest, or other legal entity.

PIERS, DOCKS, WHARVES, BRIDGES AND OTHER STRUCTURES AND USES EXTENDING OVER OR BEYOND THE NORMAL HIGH-WATER LINE OR WITHIN A WETLAND

(1) Temporary: Structures which remain in or over the water for less than seven months in any period of 12 consecutive months.

(2) Permanent: Structures which remain in or over the water for seven months or more in any period of 12 consecutive months.

PLANNED UNIT/CLUSTER DEVELOPMENT

A concept of land development to allow maximum variation of design, provided that required residential densities are not exceeded. The development must be planned as a whole according to comprehensive and detailed plans, including streets, utilities, lot or building sites, design of all buildings to be constructed and other uses and improvements on the land.

POND

See "great pond."

PORCH or PIAZZA

A structure protected from one or more of the elements of the weather, any part or portion of which is elevated a minimum of six inches above the ground.

PRELIMINARY SUBDIVISION PLAN

The preliminary drawing indicating the proposed layout of the subdivision to be submitted to the Board for its consideration.

[Added 5-8-2010 by ATM Art. 73]

PRINCIPAL OR PRIMARY STRUCTURE

A structure in which the primary use of the lot is conducted.

PRINCIPAL OR PRIMARY USE

The primary use to which the premises, i.e., the land, buildings and other structures on a single lot of land, is devoted and the main purpose for which the premises exists and which is identified as an allowed use under the Land Use Table.[14]

[Amended 5-2-2015 by ATM Art. 31]

PROFESSIONAL

(1) A person that is engaged in one of the learned professions characterized by an occupation requiring a specialized knowledge that is preceded by a long and intensive academic preparation; or

(2) A person that is engaged in a profession having the required certification by a state, federal or national licensing or certification board.

PUBLIC BUILDING OR STRUCTURE

A building owned by a unit or agency of local government, the State of Maine and any of its agencies or the United States government and any of its agencies.

PUBLIC FACILITY

Any facility, including but not limited to buildings, property, recreation area and roads, which are owned, leased or otherwise operated or funded by a governmental body or public entity.

PUBLIC RECREATION

An area or structure designed or created for relaxational uses, owned, operated or funded by a governmental body or public entity.

PUBLIC UTILITY

Any person, firm, corporation, municipal department, board or commission authorized to furnish gas, steam, electricity, waste disposal, communication facilities, transportation or water to the public.

[15]

RECREATIONAL FACILITY

A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities excluding boat launching facilities.

RECREATION FACILITY, INDOOR

A structure operated as a business and open to the public for a fee for activities such as, but not limited to, tennis, racquetball and bowling. The definition shall include commercial premises which are maintained or operated primarily for the amusement, patronage or recreation of the public, containing four or more table sports, pinball machines, video games or similar mechanical or electronic games, whether activated by coins, tokens or discs, or whether activated through remote control by the management.

RECYCLING CENTER

A facility which handles recycled solid materials that have been separated from the municipal solid waste prior to their receipt at the recycling facility, and are free from and will not produce putrescible or other solid wastes, liquid wastes, or any special or hazardous wastes. A recycling facility shall not include any facility which requires a permit for the operation of an automobile graveyard/junkyard and automobile recycling business as defined in this article. A recycling center may include a redemption center as an ancillary and subsidiary use.

REDEMPTION CENTER

A facility licensed by the Maine Department of Agriculture which collects beverage containers and refunds the statutory deposit pursuant to 32 M.R.S.A. § 1861 et seq. (1988 and Supp. 1991). The facility shall also store the beverage containers on-site for a period of time not to exceed 30 days and for the ultimate collection by the beverage distributor.

[16]

REPLACEMENT SYSTEM

A system intended to replace an existing system which is either malfunctioning or being upgraded with no significant change of design flow or use of the structure, or to replace any existing overboard wastewater discharge.

RESIDUAL BASAL AREA

The sum of the basal area of trees remaining on a harvested site.

RESIDENTIAL DWELLING UNIT

See "dwelling unit."

RESORT

An area of land, five or more acres in size, and an accumulation of 10 or more structures which support seasonal housing or recreational activities. To qualify under this definition, a resort must operate a minimum of three sporting or recreational activities.

RESTAURANT

A public eating place having 10 or more seats.

RESUBDIVISION

The division or alteration of an existing subdivision.

[Added 5-8-2010 by ATM Art. 73]

RETAIL SALES OR SERVICES

The exchange of any goods or services in return for goods, services or fees.

RIGHTS-OF-WAY

All public or private roads and streets, state and federal highways, private ways (now called public easements) and public land reservations for the purpose of public access as designed on the Official Map of the Town.

RIPRAP

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.

RIVER

Any 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.

[17]

ROAD

A route or track consisting of a bed of exposed mineral soils, gravel, asphalt or other surfacing material constructed for or created by the repeated passage of motorized vehicles.

ROOMING, BOARDING OR GUEST HOUSE

Any dwelling in which more than three but fewer than 10 rooms in which lodging or boarding uses or capabilities are provided and/or offered to the public for compensation. If a food or drink is offered, see the definition for "bed-and-breakfast."

SALT MARSH

An area along coastal waters (most often along coastal bays) which supports salt-tolerant species and where at high tide during the growing season the soil is inundated by tidal waters. The predominant species is salt-marsh cordgrass (Spartina alterniflora). Open water areas may also support widgeongrass, eelgrass and Sago pondweed.

SALT MEADOW

An area which supports salt-tolerant plant species bordering the landward side of salt marshes or open coastal water, where the soil is saturated during the growing season but which is rarely inundated by tidal water. Indigenous plant species include saltmeadow cordgrass (Spartina patens) and black rush; common three-square occurs in fresher areas.

SCENIC RESOURCE

That specific location, view or corridor, as may be identified in the Comprehensive Plan or by a state or federal agency, that consists of:

(1) A three-dimensional area extending out from a particular viewpoint, focusing on a single object, such as a mountain, resulting in a narrow corridor, or a group of objects, such as downtown skyline or mountain range, resulting in a panoramic view corridor; or

(2) A vehicular right-of-way or viewpoint that contains lateral terrain features such as valley sides or woodland as observed to either side of the observer, constraining the view into a narrow or particular field, as seen as one travels along a roadway, waterway or both.

SEASONAL WOOD PRODUCT

Items that are harvested from the forest for sale or use depending on the time of the year (i.e., Christmas trees or wreaths).

SERVICE DROP

Any utility line extension which does not cross or run beneath any portion of a water body, provided that:

(1) In the case of electric service:

(a) The placement of wires and/or the installation of utility poles is located entirely upon the premises of the customer requesting services or upon a roadway right-of-way; and

(b) The total length of the extension is less than 1,000 feet.

(2) In the case of telephone service:

(a) The extension, regardless of length, will be made by the installation of telephone wires to existing utility poles; or

(b) The extension requiring the installation of new utility poles or placement underground is less than 1,000 feet in length.

SETBACK

The minimum horizontal distance from a lot line, right-of-way, road, high-water mark, edge of a wetland or another structure to the nearest part of the subject building or structure, including overhangs.

[Amended 5-6-2002 by ATM Art. 20]

SHOPPING CENTER

A group of architecturally unified commercial establishments built on a site which is planned, developed, owned and managed as an operating unit related in its location, size and type of shops to one trade area that the unit serves. The unit provides on-site parking in definite relationship to the types and total size of the stores.

SHORE FRONTAGE

The length of a lot bordering on a water body measured in a straight line between the intersections of the lot lines with the shoreline at high-water elevation.

SHORELAND ZONE

All land areas within and seaward of 250 feet, horizontal distance, of the high-water mark of any pond, river or salt water body; within 250 feet of the upland edge of a coastal or freshwater wetland; or within 75 feet of the high-water line of a brook or stream.

SIDEWALK

A paved way for pedestrian traffic which is constructed parallel to a road.

[Added 5-8-2010 by ATM Art. 73]

SIGNIFICANT RIVER SEGMENTS

See 38 M.R.S.A. § 437.

SIGNIFICANT WILDLIFE HABITAT

Habitat for species appearing on the official state or federal lists of endangered or threatened species; high- and moderate-value deer wintering areas and travel corridors as defined by the Department of Inland Fisheries and Wildlife; high and moderate value waterfowl and wading bird habitats, including nesting and feeding areas as defined by the Department of Inland Fisheries and Wildlife; critical spawning and nursery areas for Atlantic sea run salmon as defined by the Atlantic Sea Run Salmon Commission; and shorebird nesting, feeding and staging areas and seabird nesting islands as defined by the Department of Inland Fisheries and Wildlife.

SITE

The location, place, position or area of the item in question. When referencing a location, place or position, the site shall be to the principal property lines.

SLASH/SLASHING

Means, but is not limited to, tree bark, branches, tops, chunks, cull logs, uprooted stumps, broken or uprooted trees and shrubs that are left on the ground as a result of a timber harvest operation, right-of-way construction or maintenance, development or land clearing work or operation.

[Added 5-1-2000 by ATM Art. 43]

SOCIAL, FRATERNAL ORGANIZATION

A group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements.

[18]

START OF CONSTRUCTION

The date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STREAM OR BROOK

A free-flowing body of water from the outlet of a pond or the confluence of two perennial streams as depicted on the most recent edition of a United States Geological Survey 7.5-minute series topographic map or, if not available, a 15-minute series topographic map, to the point where the body of water becomes a river. A stream or brook also means a channel between defined banks, including the floodway and associated flood plain wetlands where the channel is created by the action of the surface water and characterized by the lack of upland vegetation or presence of aquatic vegetation and by the presence of a bed devoid of topsoil containing waterborne deposits on exposed soil, parent material or bedrock.

STREAM PROTECTION DISTRICT

All land areas within 75 feet, horizontal distance, of the high-water line of a stream, exclusive of those areas within 250 feet of the high-water line of a great pond, river or saltwater body or within 250 feet of the upland edge of a freshwater or coastal wetland. Where streams are located within 250 feet of the above water bodies or wetlands, the standards for the district adjacent to the water body or wetland shall apply.

STREET

Means and includes such ways as alleys, avenues, boulevards, highways, roads, streets and other rights-of-way intended for vehicular traffic. The term "street" shall also apply to areas on subdivision plans designated as "streets," etc.

[Amended 5-8-2010 by ATM Art. 73]

STRUCTURE

Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind. "Structures" include but are not limited to buildings, platforms, decks, patios, in-ground swimming pools, wharves, piers and driveways, earthwork and sanitary sewer disposal facilities, radio towers and antennas and antenna/satellite dishes. Excluded shall be fences equal to, or less than six feet in height, doghouses, tree houses designed for children's use, and public transportation shelters at route stops, seasonal boat coverings and the single television/radio antenna and mast constructed of a single pipe. The fact that a structure is mounted on wheels/tracks shall not lessen the requirements of a structure.

[19]

[Amended 5-3-2004 by ATM Art. 75; 5-1-2006 by ATM Art. 88; 5-8-2010 by ATM Art. 74]

SUBDIVISION

The division of a tract or parcel of land as defined in 30-A M.R.S.A. § 4401 et seq., as amended, including the division of a structure for commercial or industrial use.

[Amended 5-8-2010 by ATM Art. 73]

SUBDIVISION, MAJOR

A subdivision containing five or more lots or dwelling units or units in a commercial development or any subdivision containing a proposed street.

[Added 5-8-2010 by ATM Art. 73]

SUBDIVISION, MINOR

A subdivision other than a major subdivision.

[Added 5-8-2010 by ATM Art. 73]

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

[20]

SUBSURFACE SEWAGE DISPOSAL SYSTEM

A treatment or collection tank, disposal area, holding tank, pond, surface spray system, cesspool, well, surface ditch, alternative toilet or other device and associated piping designed to function as a unit for the purpose of disposing of wastes or wastewater on or beneath the surface of the earth. The words do not include any wastewater disposal system licensed under 38 M.R.S.A. § 414, any surface wastewater disposal system licensed under 38 M.R.S.A. § 413, Subsection 1-A, or any public sewer. The words do not include a wastewater disposal system designed to treat wastewater which is in whole or in part hazardous waste, as defined in 38 M.R.S.A. Chapter 13, Subchapter I.

SUSTAINED SLOPE

A change in elevation where the referenced percent grade is substantially maintained or exceeded throughout the measured area.

TARGETED MARKET COVERAGE AREA

The area which is targeted to be served by a proposed communications facility.

TEMPORARY

This article does not recognize the use of the term/word "temporary."

[Added 5-3-2004 by ATM Art. 75]

TIMBER HARVESTING

The cutting and removal of trees from their growing site and the attendant operation of cutting and skidding machinery, but not the construction or creation of roads. Timber harvesting does not include the clearing of land for approved construction.

TOURIST HOME

See "bed-and-breakfast" or "roominghouse."

TOWN WATER

That portion of the public water supply and distribution system that is operated by the Boothbay Region Water District on a year-round basis. For the purpose of land area calculations, "town water" means available within 250 feet or less of the subject lot.

[Amended 5-5-2003 by ATM Art. 20]

TRAILER

Any towed vehicle used or so constructed for the transportation or storage of goods, supplies or as to permit its being used as a construction job site office. This word does not include camper, camper trailer and all other similar shelter devices. See "camper trailer," "mobile home" or "modular home."

TRAILER PARK

See "campground" or "mobile home park."

TRIBUTARY STREAM

A channel between defined banks created by the action of surface water, whether intermittent or perennial, and which is characterized by the lack of upland vegetation or presence of aquatic vegetation and by the presence of a bed devoid of topsoil containing waterborne deposits on exposed soil, parent material or bedrock and which flows to a water body or wetland, as defined. This definition does not include the word "stream," as defined elsewhere in this Land Use Code, and only applies to that portion of the tributary stream located within the Shoreland Zone of the receiving water body or wetland.

UNDUE HARDSHIP

(1) All of the following:

(a) That the land in question cannot yield a reasonable return unless a variance is granted;

(b) That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;

(c) That the granting of a variance will not alter the essential character of the locality; and

(d) That the hardship is not the result of action taken by the applicant or a prior owner.

(2) A variance is not justified unless all elements are present in the case.

UPLAND EDGE

The boundary between upland and the wetland.

USE

The purpose for which land or a structure is arranged, designed or intended or is occupied.

VARIANCE

A relaxation of the terms of this Land Use Code that may be granted by the Board of Appeals only where strict application of this Land Use Code or a provision thereof to the petitioner of his or her property would cause undue hardship. A variance may only be granted for a permitted use in that particular district.

VEGETATION

All live trees, shrubs, ground cover and other plants, including, without limitation, trees both over and under four inches in diameter, measured at 41/2 feet above ground level.

[21]

VETERINARY CLINIC

A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to treatment.

VIEWPOINT

That location which is easily identified, and from which the impacts on the scenic resource are determined, as identified by the entity that designates the scenic viewpoint, and which serves as the basis for the location and determination of the particular location or scenic corridor.

VOLUME OF A STRUCTURE

The volume of all portions of a structure enclosed by a roof and exterior walls, as measured from the exterior faces of these walls and roof.

WAREHOUSING

The storage, deposit or stocking of merchandise or commodities in a structure or room.

WATER BODY

Any great pond, river, stream, brook or tidal area.

WATER CROSSING

Any project extending from one bank to the opposite bank of a river or stream, whether under, through or over the watercourse. Such projects include but may not be limited to roads, fords, bridges, culverts, waterlines, sewer lines and cables, as well as maintenance work on these crossings.

WETLANDS

(1) COASTAL WETLANDS All tidal and subtidal land; all lands below any identifiable debris line left by tidal action; all lands with vegetation present that is tolerant of salt water and occurs primarily in a saltwater or estuarine habitat; and any swamp, marsh, bog, beach, flat or other contiguous low land which is subject to tidal action during the maximum spring tide level as identified in the tide tables published by the National Ocean Service. "Coastal wetlands" may include portions of coastal sand dunes.

(2) FRESHWATER WETLANDS All those areas described as:

(a) Areas of 10 or more contiguous acres or areas of less than 10 contiguous acres and adjacent to a surface water body; and/or

(b) All those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils.

(c) Freshwater wetlands generally include but are not limited to ponds, streams and brooks as defined, swamps, marshes, bogs and similar areas.

WETLANDS ASSOCIATED WITH GREAT PONDS AND RIVERS

Wetlands contiguous with or adjacent to a great pond or river and which, during high water, are connected by surface water to the great pond or river. Also included are wetlands which are separate from the great pond or river by a berm, causeway or similar feature less than 100 feet in width and which have a surface elevation at or below the high- water line of the great pond or river. Wetlands associated with great ponds or rivers are considered to be part of that great pond or river.

WHOLESALE ESTABLISHMENT

A business establishment engaged in selling goods or materials, not manufactured or processed on the premises, to retailers, to industrial, commercial, institutional or professional business users or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

WIRELESS COMMUNICATIONS FACILITY

Any structure which provides for commercial radio, television, or telephone transmission(s); mobile, or cellular phone(s), specialized mobile radio communications equipment, common carrier wireless services or any other commercial wireless services, including personal communication devices such as pager services.

[Amended 5-6-2002 by ATM Art. 20]

WIRELESS COMMUNICATIONS TOWERS

Any tower, guyed, monopole, or self-supporting tower, constructed as a freestanding structure or in association with a building, or any other structure(s) or equipment, intended to contain one or more antennas, dishes or otherwise intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication.

[Amended 5-6-2002 by ATM Art. 20]

YARD

An unoccupied space, open to the sky, on the same lot with a building or structure.

[22]

[1] Editor's Note: The definition of "area of special flood hazard," which immediately followed this definition, was repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[2] Editor's Note: The definition of "base flood," which immediately followed this definition, was repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[3] Editor's Note: The definition of "breakaway wall," which immediately followed this definition, was repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[4] Editor's Note: The definition of "camper trailer," which immediately followed this definition, was repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[5] Editor's Note: The definitions of "elevated building" and "elevation certificate," which immediately followed this definition, was repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[6] Editor's Note: The definitions of "flood or flooding," "flood elevation study," "Flood Insurance Rate Map (FIRM)," "Flood insurance study," "floodplain or flood-prone area," "floodplain management," "floodplain management regulations," "floodproofing," "floodway," "floodway encroachment lines," which immediately followed this definition, was repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[7] Editor's Note: The definition of "freeboard," which immediately followed this definition, was repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[8] Editor's Note: The definition of "locally established datum,” which immediately followed this definition, was repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[9] Editor's Note: The definition of "lowest floor," which immediately followed this definition, was repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[10] Editor's Note: The definition of "mean sea level," which immediately followed this definition, was repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[11] Editor's Note: The definition of "minor development," which immediately followed this definition, was repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[12] Editor's Note: The definition of "national geodetic vertical datum (NGVD)," which immediately followed this definition, was repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[13] Editor's Note: The definition of "new construction," which immediately followed this definition, was repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[14] Editor's Note: See § 170-27, Schedule of uses. For land uses in the Shoreland Zone, see Table 1, which is included as an attachment to this chapter.

[15] Editor's Note: The definition of "recent floodplain soils," which immediately followed this definition, was repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[16] Editor's Note: The definition of "regulatory floodway," which immediately followed this definition, was repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[17] Editor's Note: The definition of "riverine," which immediately followed this definition, was repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[18] Editor's Note: The definition of "special flood hazard area," which immediately followed this definition, was repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[19] Editor's Note: The definition of "structure for floodplain management purposes," which immediately followed this definition, was repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[20] Editor's Note: The definitions of "substantial improvement" and "substantial start," which immediately followed this definition, were repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[21] Editor's Note: The definition of "velocity zone," which immediately followed this definition, was repealed 5-3-2004 by ATM Art. 75; see now § 170-95.5.

[22] Editor's Note: Former Subsection C was moved to Subsection B as the definition for "temporary" 5-3-2004 by ATM Art. 75.