A.
In this chapter, certain terms or words shall be interpreted as follows:
(1)
The present tense includes the future tense.
(2)
The singular number includes the plural, and the plural includes
the singular.
(3)
The word "shall" is mandatory, and the word "may" is permissive.
(4)
The word "used" or "occupied" includes the words "intended," "designed"
or "arranged to be used or occupied."
(5)
The word "building" includes the word "structure."
(6)
The word "dwelling" includes the word "residence."
(7)
The word "lot" includes the word "plot" or "parcel."
B.
In case of any difference of the word meaning or implication between
the text of this chapter and any map or illustration, the text shall
control.
C.
Terms not defined shall have the customary dictionary meaning.
In this chapter, the following terms shall have the following
meanings, unless a contrary meaning is required by the context or
is specifically prescribed:
Any lot which is physically contiguous with the subject lot,
even if only at a point, such that the extension of the side lot lines
of the subject lot would touch or enclose the abutting property.
[Added 3-19-2005 ATM by Art. 18]
A use or structure which is incidental and subordinate to
the principal use or structure. Accessory uses, when aggregated, shall
not subordinate the principal use of the lot. A deck or similar extension
of the principal structure or a garage attached to the principal structure
by a roof or a common wall is considered part of the principal structure.
[Amended 3-9-1991 ATM by Art. 53]
Any business in any use category, a substantial or significant
portion of which consists of selling, renting, leasing, exhibiting,
displaying, or otherwise dealing in materials or devices of any kind
which appeal to prurient interest and which depict or describe specified
sexual activities.
[Added 3-13-2004 ATM]
The production, keeping or maintenance, for sale or lease,
of plants 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; ornamental
and greenhouse products. Agriculture does not include forest management
and timber harvesting activities.
[Added 3-12-1988 ATM by Art. 65; amended 6-30-2009 STM; 3-12-2016 ATM, Art. 3]
Any change, addition or modification in construction, or
any change in structural members of a building, such as bearing walls,
columns, beams or girders.
Any premises containing three or more pinball machines, video
games or similar amusements.
The keeping or raising of animals, including fowl, for any
commercial use.
[Amended 3-9-2002 ATM by Art. 17]
Any animal tamed and kept as a pet or raised for commercial
use, i.e., dairy cows.
[Added 3-11-1989 ATM by Art. 63]
Any animal raised tame and kept for enjoyment, including
but not limited to birds, cats, dogs and hamsters.
[Added 3-11-1989 ATM by Art. 63]
Any animal born free or in the wild, including but not limited
to birds, fish, deer, etc.
[Added 3-11-1989 ATM by Art. 63]
An apparatus designed for telephonic, radio or television
or similar communications through the sending and/or receiving of
electromagnetic waves.
[Added 3-13-1999 ATM by Art. 67]
Any item or work which is accepted as correct, true, serviceable
or usable by inspection or ordinance.
A place where gasoline or any other automobile engine fuel
(stored only in underground tanks), kerosene or motor oil and lubricants
or grease (for operation of motor vehicles) are retailed directly
to the public on the premises, including the sale of minor accessories
and the servicing and minor repair of automobiles, not including storage
of unlicensed vehicles and not including body, frame or fender straightening
and repair.
A place where, with or without the attendant sale of engine
fuels, the following services may be carried out: general repair,
engine rebuilding, rebuilding or reconditioning of motor vehicles;
collision services, such as body, frame or fender straightening and
repair, overall painting and undercoating of automobiles.
A yard, field or other area used as a place of storage for
three or more unserviceable, discarded, worn-out or junked motor vehicles.[1]
A lot without preexisting street frontage.
[Amended 3-9-2002 ATM by Art. 17]
The area of cross-section of a tree stem at 4 1/2 feet
above ground level and inclusive of bark.
[Added 6-30-2009 STM]
Any portion of a structure with a floor-to-ceiling height
of six feet or more and having more than 50% of its volume below the
existing ground level.
[Added 6-30-2009 STM]
A sign, structure or surface larger than 32 square feet,
which is available for advertising purposes for goods, services, or
attractions rendered off the premises, excluding directional signs.
[Added 3-14-1992 ATM
by Art. 21; amended 3-9-2019 ATM
by Art. 3]
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.
[Amended 3-9-1991 ATM by Art. 53]
A nonresidential structure designed for the purpose of protecting
or storing boats for noncommercial purposes.
A person or business engaged in the construction, repair,
remodeling or placement of any structure, fence or sign.
[Added 3-11-1989 ATM by Art. 63]
A structure for the support, shelter or enclosure of persons,
animals, goods or property of any kind.
See "height of structure."
[Amended 3-13-2015 ATM
by Art. 5; 3-11-2022 ATM by Art. 73]
State of Maine Department of Agriculture, Conservation and
Forestry, Bureau of Forestry.
[Added 6-30-2009 STM; amended 3-12-2016 ATM, Art. 3]
Any area or tract of land to accommodate two or more parties
in temporary living quarters, including but not limited to tents,
recreational vehicles or other shelters, and for which a fee is charged.
[Amended 3-9-1991 ATM by Art. 53]
The more or less continuous cover formed by tree crowns in
a wooded area.
[Added 6-30-2009 STM]
An open structure with a roof but no walls for the covered
parking of automobiles and other vehicles.[2]
[Added 3-11-1989 ATM by Art. 63]
A natural or artificial watercourse with definite bed and
banks to confine and conduct continuously or periodically flowing
water. Channel flow is water flowing within the limits of the defined
channel.
A private establishment providing day care for 13 or more
persons, which charges for their care and holds all legally required
licenses and approvals.
[Added 3-19-2005 ATM by Art. 18]
A private home providing day care for up to 12 persons, which
charges for their care and which holds all legally required licenses
and approval. A day-care home may also include part-time care of up
to 12 persons. "Part-time" in this use shall mean four hours or less
per day, per person.
[Added 3-19-2005 ATM by Art. 18]
A subdivision in which the lot sizes are reduced below those
normally required in the zoning district in which the development
is located in return for the provision of permanent open space owned
in common by lot/unit owners, the Town or land conservation organization.
Cluster subdivision shall not be used to increase the overall net
residential density of the development.[3]
[Amended 3-19-2005 ATM by Art. 18]
A person appointed by the municipal officers to administer
and enforce this chapter. Reference to the Code Enforcement Officer
shall be construed to include the Building Inspector, Plumbing Inspector,
Electrical Inspector and the like, where applicable.
To locate more than one telecommunications facility or use
on a tower.
[Added 3-13-1999 ATM by Art. 67]
Pertaining to a business but not to residences, clubs, nonprofit
organizations and governmental entities.
The use of lands, buildings or structures, other than a home
occupation defined below, the intent and result of which activity
is the production of income from the buying and selling of goods and/or
services, exclusive of rental or residential buildings and/or dwelling
units.
[Amended 3-9-1991 ATM by Art. 53]
A use permitted only after review and approval by the Planning
Board. A conditional use is a use that would not be appropriate without
restriction but which, if controlled under the provisions of this
chapter, would promote the purposes of this chapter. Such use may
be permitted if specific provision for such conditional use is made
in this chapter.
A permit issued by the Planning Board for a conditional use.
A conditional use permit may be issued only after the applicant has
followed the procedures of this chapter.
A use of buildings, structures or land which complies with
all applicable provisions of this chapter.
Includes built, erected, altered, moved upon, reconstructed
or any physical operations on the premises which are required for
construction. Excavation, fill, drainage and the like shall be considered
a part of construction.
A person or business working for themselves or another upon
a written agreement to construct, repair, remodel, demolish or move
any structure, fence or sign.
[Added 3-11-1989 ATM by Art. 63]
GENERAL CONTRACTORA person or business working under a written agreement which hires others to perform the construction, repair, remodeling, placement or destruction of any structure, fence or sign.
SUBCONTRACTORA person or business hired by a general contractor to construct, repair, remodel, demolish or move any structure, fence or sign.
The cross-sectional area of a stream or tributary stream
channel is determined by multiplying the stream or tributary stream
channel width by the average stream or tributary stream channel depth.
The stream or tributary stream channel width is the straight-line
distance from the normal high-water line on one side of the channel
to the normal high-water line on the opposite side of the channel.
The average stream or tributary stream channel depth is the average
of the vertical distances from a straight line between the normal
high-water lines of the stream or tributary stream channel to the
bottom of the channel.
[Added 6-30-2009 STM]
The diameter of a standing tree measured 4.5 feet from ground
level.
[Added 6-30-2009 STM]
An open structure which is built above ground level and attached
to a dwelling or any other structure projecting outward from the principal
building.
[Added 3-11-1989 ATM by Art. 63]
An open structure constructed above ground level and not
attached to any other structure.
[Added 3-11-1989 ATM by Art. 63]
A change in land use involving alteration of the land, water
or vegetation, or the addition or alteration of structures or other
construction not naturally occurring.
[Added 6-30-2009 STM]
The alteration of the physical shape, properties, or condition
of a shoreline at any location by timber harvesting and related activities.
A shoreline where shoreline integrity has been disrupted is recognized
by compacted, scarified and/or rutted soil, an abnormal channel or
shoreline cross-section and, in the case of flowing waters, a profile
and character altered from natural conditions.
[Added 6-30-2009 STM]
A specified portion of the municipality, delineated on the
Official Zoning Map, within which certain regulations and requirements
or various combinations thereof apply under the provisions of this
chapter.
A vehicular accessway.
[Added 6-30-2009 STM; amended 3-12-2011 ATM by Art. 7; 3-11-2022 ATM by Art. 73]
A fixed structure containing one or more dwelling units.
A single building containing two dwelling units, with a separate
entrance for each. May also be referred to as a "duplex."
[Added 3-9-2019 ATM by
Art. 3]
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation. The term shall include
manufactured housing units but shall not include trailers or recreational
vehicles.
[Amended 3-10-2018 ATM
by Art. 7]
Topsoil, sand, gravel, clay, peat, rock or other minerals.
The construction, alteration or maintenance of gas, electrical
or communication facilities; steam, fuel, electric power or water
transmission or distribution lines, towers and related equipment;
telephone cables or lines, poles and related equipment; gas, oil,
water, slurry or other similar pipelines; municipal sewage lines,
collection or supply systems; and associated storage tanks. Such systems
may include towers, poles, wires, mains, drains, pipes, conduits,
cable, fire alarms and police call boxes, traffic signals, hydrants
and similar accessories, but shall not include service drops or buildings
which are necessary for the furnishing of such services.
[Amended 3-9-1991 ATM by Art. 53]
The process of nutrient enrichment of water bodies.
Any removal of earth or earth material from its original
position.
An increase of the footprint, floor area, or volume of a
structure, including all extensions, such as but not limited to attached
decks, garages, porches and greenhouses.
[Added 3-9-1991 ATM by Art. 53; amended 3-12-2016 ATM, Art. 3]
The addition of weeks or months to a use's operating season;
additional hours of operation; or the use of more footprint of a structure
or ground area devoted to a particular use.
[Added 3-9-1991 ATM by Art. 53; amended 3-12-2016 ATM, Art. 3]
One or more persons occupying a premises and living as a
single housekeeping unit, as distinguished from a group occupying
a boardinghouse, lodging house or hotel.
Depositing or dumping any matter on or into the ground or
water.
The sale of goods by individuals who rent tables and/or display
space, but not including garage sales.
A temporary rise in stream flow or tidal surge that results
in water overtopping its banks and inundating adjacent areas.
Boundaries designated as the one-hundred-year floodplain
as Zones A, A1-A30 on the Shapleigh Flood Insurance Rate Map (FIRM)
dated August 5, 1985, on file with the Town Clerk, Planning Board
and Code Enforcement Officer.
[Amended 3-8-1986 ATM by Art. 5]
A combination of structural provisions, changes or adjustments
to properties subject to flooding, primarily to reduce or eliminate
flood damages to properties, water and sanitary facilities, structures
and contents of the building.
The channel of a stream and those portions of the floodplain
adjoining the channel that are required to carry and discharge the
floodwater or flood flows of any river or stream.
The sum of the horizontal areas of the floor(s) of a structure
enclosed by exterior walls.
[Added 3-9-1991 ATM by Art. 53; amended 3-12-2016 ATM, Art. 3]
The sum, in square feet, of the floor areas of all roofed
portions of a building, as measured from the interior faces of the
exterior walls.
The entire area of ground covered by the structure(s) on
a lot, including but not limited to cantilevered or similar overhanging
extensions, as well as unenclosed structures, such as patios and decks.
[Added 3-12-2016 ATM,
Art. 3]
A freshwater wetland dominated by woody vegetation that is
six meters tall (approximately 20 feet) or taller.[4]
[Added 3-12-1988 ATM by Art. 65; amended 6-30-2009 STM]
The supporting substructure of a building or other structure,
excluding wooden sills and post supports, but including basements,
slabs, frost walls or other base consisting of concrete, block, brick
or similar material.[5]
[Added 3-9-1991 ATM by Art. 53; amended 6-30-2009 STM]
The horizontal distance between the intersections of the
side lot lines with the front lot line.
Those uses that require, for their primary purpose, location
on submerged lands or that require direct access to, or location in,
inland waters and which cannot be located away from these waters.
The uses include but are not limited to commercial and recreational
fishing and boating facilities, fish processing, fish-related storage
and retail and wholesale fish marketing facilities, waterfront dock
and boat-building facilities, marinas, navigation aides, basins and
channels, shoreline structures necessary for erosion control purposes,
industrial uses dependent upon water-borne transportation or requiring
large volumes of cooling or processing water, and uses which primarily
provide general public access to water. Recreational boat storage
buildings are not considered to be a functionally water-dependent
use.
[Added 3-9-1991 ATM by Art. 53; amended 3-12-2016 ATM, Art. 3]
The sale of assorted items, usually secondhand, from noncommercial
premises, sometimes also known as "yard sales," "porch sales," "barn
sales" and "cellar sales," etc.
The sale of assorted items, usually secondhand, from noncommercial
premises, which occurs more frequently than on a three-day occasion,
or more than three weekends, or on more than five consecutive weekdays
of any calendar year. This term applies also to the following types
of sales when they exceed the above-described frequencies: yard sales,
porch sales, barn sales, tag sales, cellar sales, etc.
In relation to buildings, the average of the finished ground
level at the center of all walls of a building.
Any inland body of water which in a natural state has a surface
area in excess of 10 acres, and any inland body of water artificially
formed or increased which has a surface area in excess of 30 acres,
except, for the purposes of this chapter, where the artificially formed
or increased inland body of water is completely surrounded by land
held by a single owner. In Shapleigh, "great pond" shall be considered
to mean Goose Pond, Granny Kent Pond, Mousam Lake, Pine Springs Lake
(Shy Beaver Pond), Poverty Pond, Shapleigh Pond and Square Pond.
[Added 3-9-1991 ATM by Art. 53; amended 3-13-1999 ATM by Art. 65]
Any great pond classified GPA; pursuant to M.R.S.A. Title
38, Article 4-A, § 465-A. This classification includes some
but not all impoundments of rivers that are defined as great ponds.
[Added 3-9-1991 ATM by Art. 53]
Small plants, fallen leaves, needles and twigs, and the partially
decayed organic matter of the forest floor.[6]
[Added 6-30-2009 STM]
A product or waste or combination of substances that, because
of quantity, concentration, or physical, chemical, or infectious characteristics,
poses a substantial present or potential hazard to human health, safety,
or welfare and the natural environment. This term applies to any materials
or substances designated as hazardous by the United States Environmental
Protection Agency and/or the Maine Department of Environmental Protection.
[Added 3-19-2005 ATM by Art. 18]
A tree with a structural defect, combination of defects,
or disease resulting in a structural defect that under the normal
range of environmental conditions at the site exhibits a high probability
of failure and loss of a major structural component of the tree in
a manner that will strike a target. A normal range of environmental
conditions does not include meteorological anomalies, such as, but
not limited to hurricanes; hurricane-force winds; tornadoes; microbursts;
or significant ice storm events. Hazard trees also include those trees
that pose a serious and imminent risk of bank stability. A target
is the area where personal injury or property damage could occur if
the tree or a portion of the tree fails. Targets include roads, driveways,
parking areas, structures, campsites, and any other developed area
where people frequently gather and linger.
[Added 3-12-2016 ATM,
Art. 3]
A business which offers for sale or use any drug paraphernalia
as defined by state law in 17-A M.R.S.A. § 1111-A.
The vertical distance between the mean original (prior to
construction) grade at the downhill side of the structure and the
highest point of the structure, excluding chimneys, steeples, antennas,
and similar appurtenances that have no floor area.
[Added 3-9-1991 ATM by Art. 53; amended 6-30-2009 STM]
The vertical distance between the mean original grade at
the downhill side of the tower and the highest point on the tower,
even if said highest point is an antenna.[7]
[Added 3-13-1999 ATM by Art. 67]
That line that distinguishes between predominantly aquatic
and predominantly terrestrial land that is apparent from visible marking,
changes in the character of soils due to prolonged action of the water
or changes in vegetation. In the case of wetlands adjacent to rivers,
streams, brooks, or ponds, the normal high-water line is the upland
edge of the wetland and not the edge of the open water.
[Added 3-19-2005 ATM by Art. 18]
An occupation or profession which is customarily carried
on in a dwelling unit or in a building or other structure accessory
to a dwelling unit; carried on 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. This shall not be interpreted
to include telecommuting.
[Amended 3-9-2019 ATM
by Art. 3]
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, fireplaces
or tent platforms.
[Added 3-9-1991 ATM by Art. 53]
The assembling, fabrication, finishing, manufacturing, packaging
or processing of goods, or the extraction of minerals.[8]
[Added 3-9-1991 ATM by Art. 53]
A nonprofit or quasi-public use, or institution such as a
church, library, public or private school, hospital, or municipally
owned or operated building, structure or land used for public purposes.
[Added 6-30-2009 STM]
A yard, field or other area used as a place of storage for:
Discarded, worn-out or junked plumbing, heating supplies, household
appliances and furniture.
Discarded, scrap or junk lumber.
Old scrap copper, brass, rope, rags, batteries, paper trash,
rubber debris, waste and all scrap iron, steel and other scrap ferrous
or nonferrous material.
Garbage dumps, waste dumps and sanitary fills.
An artificial enlargement of a water body, primarily by means
of dredging and excavation.[9]
A forester licensed under 32 M.R.S.A. Chapter 76.
[Added 6-30-2009 STM]
A parcel of land in single ownership, described on a deed,
plot or similar legal document.
The area of land enclosed within the boundary line of a lot,
minus land below the normal high-water line of a water body or upland
edge of a wetland and areas beneath roads serving more than two lots.
[Amended 3-9-1991 ATM by Art. 53]
A lot with at least two contiguous sides, each abutting upon
a street.
The percentage of the plot or lot covered by all buildings.
Any lot other than a corner lot.
A line which forms a boundary of a property dividing one
lot from another, or from a street or waterbody or other public space.
The lines bounding a lot are defined below:
[Amended 3-9-2019 ATM
by Art. 3]
FRONT LOT LINEOn an interior lot, the line separating the lot from the street; on a corner or through lot, the line separating the lot from either street.
REAR LOT LINEThe lot line opposite the front lot line. On a lot pointed at the rear, the rear lot line shall be an imaginary line between the side lot lines parallel to the front lot line, not less than 10 feet long, lying farthest from the front lot line. On a corner lot, the rear lot line shall be opposite the front lot line of least dimension. In some circumstances, a lot may not have a rear lot line.
SIDE LOT LINEAny lot line other than the front lot line or a rear lot line.
A parcel of land, the dimensions of which are shown on a
document or map on file with the County Register of Deeds or in common
use by Town or county officials.
Any lot abutting a water body.
Any interior lot having frontages on two more or less parallel
streets, or between a street and a water body, or between two water
bodies, as distinguished from a corner lot. All sides of through lots
adjacent to streets shall be considered frontage, and front yards
shall be provided as required.
The horizontal distance between the side lot lines, measured
parallel to the road, at the point where the principal structure is
proposed.
Considered to be a wall less than 24 inches in height measured
from the base of the wall to the top of the wall. The base is considered
the area exposed that can be seen upon visual inspection.
[Added 3-14-2020 ATM by Art. 7]
Structures, transportable in one or two sections, which were
constructed in a manufacturing facility and are transported to a building
site and designed to be used as dwellings when connected to the required
utilities, including the plumbing, heating, air-conditioning and electrical
systems contained therein.[10]
[Added 3-10-1990 ATM by Art. 29]
As defined in State Administrative Rules (10-144, CMR Ch.
122), § 1.17, "Marijuana."
[Added 3-9-2019 ATM by
Art. 3]
A shorefront commercial facility with provisions for one
or more of the following: boat storage, boat docking and launching
or the sale of supplies and services for watercraft and their equipment
and accessories, bait and tackle shops and marine fuel service facilities.
[Amended 6-30-2009 STM]
Marijuana that is acquired, possessed, cultivated, manufactured,
used, delivered, transferred or transported to treat or alleviate
a qualifying patient's medical condition.
[Added 3-9-2019 ATM by
Art. 3]
A person, licensed hospice provider or licensed nursing facility
that is designated by a qualifying patient to assist the qualifying
patient with the medical use of marijuana in accordance with state
law. A person who is a medical marijuana caregiver must be at least
21 years of age and may not have been convicted of a disqualifying
drug offense.
[Added 3-9-2019 ATM by
Art. 3]
Cultivating, processing and/or storing of medical marijuana
by a qualifying patient at their own residence or a medical marijuana
caregiver at their own primary year-round residence for use by a qualifying
patient.
[Added 3-9-2019 ATM by
Art. 3; amended 3-11-2022 ATM by Art. 73]
Hand sampling, test boring or other methods of determining
the nature or extent of mineral resources which create minimal disturbance
to the land and which include reasonable measures to restore the land
to its original condition.
[Added 3-9-1991 ATM by Art. 53]
Any operation within any twelve-month period which removes
more than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay,
rock peat or other like material from its natural location and transports
the product removed away from the extraction site.
[Added 3-9-1991 ATM by Art. 53]
The closest distance between the side lot lines of a lot.
When only two lot lines extend into the Shoreland Zone, both lot lines
shall be considered to be side lot lines.
[Added 3-9-1991 ATM by Art. 53; amended 6-30-2009 STM]
A parcel of land under unified ownership designed and/or
used to accommodate three or more manufactured housing units.
[Amended 3-10-1990 ATM by Art. 29]
The area of land on which an individual home is situated
within a manufactured housing unit park and which is reserved for
use by the occupants of that home.
[Added 3-10-1990 ATM by Art. 29]
A residential structure containing three or more residential
dwelling units.
[Added 3-9-1991 ATM by Art. 53]
Indigenous to the local forest.
[Added 6-30-2009 STM]
The gross acreage available for development, excluding the
area for streets or access and the area which is unusable for development.
The number of dwelling units per net residential acre.
A nonconforming lot, structure or use which is allowed solely
because it was in lawful existence at the time this chapter or subsequent
amendment took effect.
[Added 6-30-2009 STM]
A single lot of record which, at the effective date of adoption
or amendment of this chapter, does not meet the area, frontage or
width requirements of the district in which it is located.
[Added 3-9-1991 ATM by Art. 53]
A building, structure, use of land or portion thereof existing
at the effective date of adoption or amendment of this chapter which
does not conform to all applicable provisions of this chapter.
[Amended 3-12-2016 ATM,
Art. 3]
Species of vegetation listed by the Maine Department of Agriculture,
Conservation and Forestry as being invasive in Maine ecosystems and
not native to Maine ecosystems.
[Added 3-12-2016 ATM,
Art. 3]
That line which is apparent from visible markings, changes
in the character of soils due to prolonged action of the water or
changes in vegetation, and which distinguishes between predominantly
aquatic and predominantly terrestrial land. Areas contiguous with
rivers and great ponds that support nonforested wetland vegetation
and hydric soils and that are at the same or lower elevation as the
water level of the river or great pond during the period of normal
high water are considered part of the river or great pond.
[Amended 6-30-2009 STM]
Written instructions or information given by the Code Enforcement
Officer to any person engaged in performing, or causing to be performed,
any work or use which is contrary to this chapter.
[Added 3-11-1989 ATM by Art. 63]
The use of any structure or land, including but not limited
to residing there or conducting a business there.
[Added 3-11-1989 ATM by Art. 63]
A use not involving a structure, earthmoving activity or
the removal or destruction of vegetative cover, spawning grounds or
fish, aquatic life, bird and other wildlife habitat.
Any perennial or intermittent stream, as shown on the most
recent highest resolution version of the national hydrography dataset
available from the United States Geological Survey on the website
of the United States Geological Survey or the national map, that flows
from a freshwater wetland.
[Added 3-12-2016 ATM,
Art. 3]
The person or business having legal ownership of a place
or firm or any real property.
[Added 3-11-1989 ATM by Art. 63]
An individual who engages in the construction of his own
dwelling or auxiliary structures.
A minimum area of 200 square feet, exclusive of drives, aisles
or entrances, fully accessible for the storage or parking of vehicles.
A slab or flat surface which is open and has no attachments
projecting above normal ground level.
[Added 3-11-1989 ATM by Art. 63]
An individual, corporation, governmental agency, municipality,
trust, estate, partnership, association, two or more individuals having
a joint or common interest, or other legal entity.
[Added 3-9-1991 ATM by Art. 53]
Structures, either permanent or floating, providing access
from the shore to the point offshore. Piers and docks shall require
a conditional use permit from the Planning Board if they extend more
than 20 feet from the bank of any lake or pond (or 10 feet from the
bank of any river or stream); or if they have any permanent parts
located between the banks of any stream or below the high-water elevation
of any lake or pond; or if they are constructed as part of any commercial
use; or if they require dredging, filling or cutting any banks or
shoreland.
Land under unified management, planned and developed as a
whole according to comprehensive and detailed plans, including streets,
utilities, lots or building sites, site plans and design principles
for all buildings to be located, constructed, used and related to
each other, and for other uses and improvements on the land. Development
may be a single operation or a programmed series of operations, including
all lands and buildings, with provision for operation and maintenance
of such area of improvements and facilities necessary for common use
by the occupants of the development.
A permit issued after Planning Board review to ensure that the proposed use conforms with the land use standard specified in Article V of this chapter.
[Added 3-10-1984 ATM by Art. 5]
A small body of water used for farm, fire, fish or recreational
activity.
[Added 3-14-1992 ATM by Art. 21]
One or more lots which are in the same ownership and are
contiguous or separated only by a road or a water body, including
all buildings, structures and improvements.
The structure in which the primary use of the lot is conducted.
[Amended 3-12-2016 ATM,
Art. 3]
The primary use to which the premises are devoted and the
main purpose for which the premises exists.
A category of road not owned or maintained by the Town of
Shapleigh or the State of Maine which provides frontage to a lot or
lots.
[Added 3-19-2005 ATM by Art. 18]
Any facility, including but not limited to buildings, property,
recreation areas and roads, which is owned, leased or otherwise operated
or funded by a governmental body or public entity.
[Added 3-9-1991 ATM by Art. 53]
A roadway used by the general public, whether or not the
same has been laid out as a Town way.
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.[11]
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, motor home, and must be roadworthy.
[Added 3-10-1984 ATM by Art. 5]
The maximum known flood on a water body, either the one-hundred-year
frequency flood, where calculated, or the flood of record.
The act of normal maintenance of a structure or its parts,
and the replacement of its parts as a result of damage.
[Added 3-11-1989 ATM by Art. 63; amended 3-12-2016 ATM, Art. 3]
The act of installing the same or similar item, fixture or
structure as was in place before.
[Added 3-11-1989 ATM by Art. 63]
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.
[Added 3-9-1991 ATM by Art. 53]
An item or act or test that must be provided, installed,
performed or given in compliance with this chapter.
[Added 3-11-1989 ATM by Art. 63]
A room or group of rooms designed and equipped exclusively
for use as permanent, seasonal or temporary living quarters for only
one family at a time, and containing cooking, sleeping and toilet
facilities. The term shall include manufactured housing units and
rental units that contain cooking, sleeping and toilet facilities
regardless of the time period rented. Recreational vehicles are not
residential dwelling units.[12]
[Added 3-9-1991 ATM by Art. 53; amended 6-30-2009 STM]
A stand of trees remaining in the forest following timber
harvesting and related activities.
[Added 6-30-2009 STM]
A structure that retains (holds back) any material (usually
earth) and prevents it from sliding or eroding away. It is designed
to resist the material pressure of the material it is holding back.
[Added 3-14-2020 ATM by Art. 7]
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.
[Added 3-9-1991 ATM by Art. 53]
Any free-flowing body of water from that point at which it
provides drainage for a watershed of 25 miles to its mouth. In Shapleigh,
"river" shall be considered to mean the Mousam River from the outlet
of Mousam Lake and the Little Ossipee downstream of Davis Brook.
[Added 3-12-1988 ATM by Art. 65; amended 3-13-1999 ATM by Art. 65]
A route or track consisting of a bed of exposed mineral soil,
gravel, asphalt or other surfacing material constructed for the repeated
passage of motorized vehicles, excluding a driveway as defined.
[Added 3-9-1991 ATM by Art. 53; amended 6-30-2009 STM]
A tree species that is less than two inches in diameter at
4.5 feet above ground level.
[Added 3-12-2016 ATM,
Art. 3]
A young tree species that is less than 4.5 feet in height
above ground level.
[Added 3-12-2016 ATM,
Art. 3]
The nearest horizontal distance from a lot line to the nearest
part of a structure, road, parking space or other regulated object
or area.
[Amended 3-9-1991 ATM by Art. 53]
The nearest horizontal distance from the normal high-water
line of a water body or tributary stream, or upland edge of a wetland,
to the nearest part of a structure, road, parking space or other regulated
object or area.
[Amended 3-9-1991 ATM by Art. 53; 6-30-2009 ATM]
The length of a lot bordering on a water body or wetland
measured in a straight line between the intersections of the lots
lines with the shoreline.
[Added 3-9-1991 ATM by Art. 53; amended 6-30-2009 STM]
The land area located within 250 feet, horizontal distance,
of the normal high-water line of any great pond or river; within 250
feet, horizontal distance, of the upland edge of a freshwater wetland;
or within 75 feet, horizontal distance, of the normal high-water line
of a stream.
[Added 3-9-1991 ATM by Art. 53; amended 6-30-2009 STM]
The normal high-water line, or upland edge of a freshwater
wetland.
[Added 6-30-2009 STM]
A name, identification, description, display or illustration
which is affixed to, painted or represented, directly or indirectly,
upon a building, structure, parcel or lot and which relates to an
object, product or place, activity or person, institution, organization
or business on the premises.
A dwelling unit constructed from individual members or materials
which are transported to the site in order to be assembled in the
exact location where the unit is intended to remain as a permanent
residence. Site-built housing may include multifamily housing as well
as single-family homes and duplexes. It does not include manufactured
housing units.[13]
The residue, e.g., treetops and branches, left on the ground
after a timber harvest.
[Added 6-30-2009 STM]
Any free-flowing semisolid or liquid waste generated from
a municipal, commercial or industrial wastewater treatment plant,
water supply treatment plant or air pollution control facility or
any other such waste having similar characteristics and effect, but
does not include industrial discharges which are point sources subject
to permits under Section 402 or of the Federal Water Pollution Control
Act, as amended (86 Stat. 880).
[Added 3-12-1988 ATM by Art. 65]
A complete design or assembly consisting of a solar energy
collector, an energy storage facility (where used) and components
for a distribution of transformed energy (to the extent they cannot
be used jointly with a conventional energy system). Passive solar
energy systems are included in this definition, but not to the extent
that they fulfill other functions such as structural and recreational.
A written notice from the Code Enforcement Officer or inspector
to stop all work because of a violation of this chapter, said notice
to be posted at the location of the violation and not removed until
the violation has been fully corrected.
[Added 3-11-1989 ATM by Art. 63; 3-12-2016 ATM, Art. 3]
A tree that has been uprooted, blown down, is lying on the
ground, or that remains standing and is damaged beyond the point of
recovery as a result of a storm event.
[Added 3-12-2016 ATM,
Art. 3]
A free-flowing body of water from the outlet of a great pond
or the confluence of two perennial streams as depicted on the most
recent highest resolution version of the national hydrography dataset
available from the United States Geological Survey on the website
of the United States Geological Survey or the national map to the
point where the stream becomes a river or where the stream meets the
Shoreland Zone of another water body or wetland. When a stream meets
the Shoreland Zone of a water body or wetland and a channel forms
downstream of the water body or wetland as an outlet, that channel
is also a stream.
[Added 3-9-1991 ATM by Art. 53; amended 3-13-1999 ATM by Art. 65; 3-12-2016 ATM, Art. 3]
Anything temporarily or permanently located, built, constructed
or erected for the support, shelter or enclosure of persons, animals,
goods or property of any kind, or anything constructed or erected
on or in the ground. The term includes structures temporarily or permanently
located, such as decks, patios and satellite dishes. Structure does
not include fences; poles and wiring and other aerial equipment normally
associated with service drops, including guy wires and guy anchors;
subsurface wastewater disposal systems as defined in Title 30-A, Section
4201, Subsection 5; geothermal heat exchange wells as defined in Title
32, Section 4700-E, Subsection 3-C; or wells or water wells as defined
in Title 32, Section 4700-E, Subsection 8.
[Amended 3-9-1991 ATM by Art. 53; 6-30-2009 ATM; 3-12-2016 ATM,
Art. 3]
A division of a tract or parcel of land into three or more
lots within any five-year period, whether accomplished by sale, lease,
development, building or otherwise, except when the division is accomplished
by inheritance, order of court or gift of a relative, unless the intent
of subdivision gift is to avoid the objective of these standards.
Completion of 30% of a permitted structure or use measured
as a percentage of estimated total cost.
[Added 3-9-1991 ATM by Art. 53]
Any system designed to dispose of waste or wastewater on
or beneath the surface of the earth; includes, but is not limited
to: septic tanks; disposal fields; grandfathered cesspools; holding
tanks; pretreatment filter, piping, or any other fixture, mechanism,
or apparatus used for those purposes; does not include any discharge
system licensed under 38 M.R.S.A. § 414, any surface wastewater
disposal system, or any municipal or quasi-municipal sewer or wastewater
treatment system.
[Added 6-30-2009 STM]
A change in elevation where the referenced percent grade
is substantially maintained or exceeded throughout the measured area.
[Added 3-9-1991 ATM by Art. 53]
An in-ground or aboveground structure built for swimming.
Any structure, antenna, tower or other device which provides
radio-television transmission, commercial mobile wireless services,
unlicensed wireless services, cellular phone services, specialized
mobile radio communications (SMR), common-carrier wireless exchange
access services, and personal communication service (PCS) or pager
services. Preexisting towers/antennas shall be exempt from this definition.
[Added 3-13-1999 ATM by Art. 67]
The cutting and removal of timber for the primary purpose of selling or processing forest products. Timber harvesting does not include the cutting or removal of vegetation within the Shoreland Zone when associated with other land use activities. The cutting or removal of trees in the Shoreland Zone on a lot that has less than two acres within the Shoreland Zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to § 105-51, Clearing or removal of vegetation for activities other than timber harvesting.
[Added 3-12-1988 ATM by Art. 65; amended 6-30-2009 STM; 3-12-2016ATM, Art. 3]
Timber harvesting, the construction and maintenance of roads
used primarily for timber harvesting and other activities conducted
to facilitate timber harvesting.
[Added 6-30-2009 STM]
A dwelling that is less than 400 square feet in floor area,
excluding the area of any floor level located above the main floor
(state definition).
[Added 3-11-2022 ATM by Art. 73]
Any structure, whether freestanding or in association with
a building or other permanent structure, that is designed and constructed
primarily for the purposes of supporting one or more antennas, including
self-supporting lattice towers, guy towers, or monopole towers. The
term includes radio and television transmission towers, microwave
towers, common-carrier towers, cellular telephone towers, alternative
tower structures and similar structures.
[Added 3-13-1999 ATM by Art. 67]
A vehicle without motive power, designed to be towed by a
passenger automobile but not designed for human occupancy and which
may include utility trailer, horse trailer or snowmobile trailer.
A woody perennial plant with a well-defined trunk(s) at least
two inches in diameter at 4.5 feet above the ground, with a more or
less definite crown, and reaching a height of at least 10 feet at
maturity.
[Added 3-12-2016 ATM,
Art. 3]
A channel between defined banks created by the action of
surface water, which is characterized by the lack of terrestrial vegetation
or by the presence of a bed, devoid of topsoil, containing waterborne
deposits or exposed soil, parent material or bedrock; and which is
connected hydrologically with other water bodies. "Tributary stream"
does not include rills or gullies forming because of accelerated erosion
in disturbed soils where the natural vegetation cover has been removed
by human activity. This definition does not include the term "stream"
as defined elsewhere in this chapter, and only applies to that portion
of the tributary stream located within the Shoreland Zone of the receiving
water body or wetland.
[Added 3-9-1991 ATM by Art. 53; amended 6-30-2009 STM]
Any building that contains two dwelling units used, intended,
or designed to be built or occupied for living purposes.
[Added 3-10-2018 ATM
by Art. 7]
The boundary between upland and wetland. For purposes of
a freshwater wetland, the upland edge is formed where the soils are
not saturated for a duration sufficient to support wetland vegetation;
or where the soils support the growth of wetland vegetation, but such
vegetation is dominated by woody stems that are six meters (approximately
20 feet) tall or taller.
[Added 3-12-1988 ATM by Art. 65; amended 6-30-2009 STM; 3-12-2016 ATM, Art. 3]
The purpose for which land or a structure is arranged, designed
or intended, or for which land or a structure is or may be occupied.
Any structure constructed or placed for storage of vehicles,
tools, recreational equipment etc., but not to be used as a dwelling
or residence or as a structure to house the overflow of guests or
family members who cannot be accommodated within a residence.
[Added 3-11-1989 ATM by Art. 63]
A relaxation of the terms of this chapter where such variance
would not be contrary to the public interest and where, owing to conditions
peculiar to the property and not the result of the actions of the
applicant, a literal enforcement of this chapter would result in unnecessary
or undue hardship. A financial hardship shall not constitute grounds
for granting a variance. The crucial points of variance are undue
hardship or unique circumstances applying to the property.
All live trees, shrubs, and other plants, including without
limitation trees, both over and under four inches in diameter, measured
at 4 1/2 feet above ground level.
[Added 3-9-1991 ATM by Art. 53]
The volume of all portions of a structure enclosed by roof
and fixed exterior walls as measured from the exterior faces of these
walls and roof.
[Added 3-9-1991 ATM by Art. 53]
Any great pond, river or stream.
[Added 3-13-1999 ATM by Art. 65]
Any project extending from one bank to the opposite bank
of a river, stream, tributary stream, or wetland whether under, through,
or over the water or wetland. Such projects include but may not be
limited to roads, fords, bridges, culverts, water lines, sewer lines,
and cables as well as maintenance work on these crossings. This definition
includes crossings for timber harvesting equipment and related activities.
[Added 6-30-2009 STM]
[Added 3-13-1999 ATM by Art. 65]
Freshwater or inland swamps, marshes, bogs and similar areas,
other than forested wetlands, which are:
Of 10 or more contiguous acres, or of less than 10 contiguous
acres and adjacent to a surface water body, excluding any river, stream
or brook, such that, in a natural state, the combined surface area
is in excess of 10 acres; and
Inundated or saturated by surface or ground water at a frequency
and for a duration sufficient to support, and which under normal circumstances
do support, a prevalence of wetland vegetation typically adapted for
life in saturated soils.
Freshwater or inland wetlands may contain small stream channels
or inclusion of lands that do not conform to the criteria of this
definition.[14]
The ability of a forest stand to withstand strong winds and
resist windthrow, wind rocking, and major breakage.
[Added 6-30-2009 STM]
Live trees or woody, nonherbaceous shrubs.
[Added 6-30-2009 STM]
The area of land between the front lot line and the nearest
part of the principal building.
The area of land between the rear lot line and the nearest
part of the principal building.
The area of land between the side lot line and the nearest
part of the principal building.
[1]
Editor's Note: The definition of "basement," which immediately
followed this definition, was repealed 3-13-1999 ATM by Art. 65.
[2]
Editor's Note: The definition of "cellar," which immediately
followed this definition, was repealed 3-13-1999 ATM by Art. 65.
[4]
Editor’s Note: The former definitions of "forest management activities," added 3-9-1991 ATM by Art. 53, and "forest stand," added 6-30-2009 STM, which immediately and respectively followed this definition, were repealed upon the statutorily established date of 1-1-2013; see § 105-9B.
[5]
Editor's Note: The former definition of "freshwater wetland,"
added 3-9-1991 ATM by Art. 53, which immediately followed this definition,
was repealed 3-13-1999 ATM by Art. 65. See definition of "wetland."
The former definition of "frontage, shore," which immediately followed,
was repealed 3-12-2016 ATM by Art. 3.
[6]
Editor’s Note: The former definition of "harvest area," added 6-30-2009 STM, which immediately followed this definition, was repealed upon the statutorily established date of 1-1-2013; see § 105-9B.
[7]
Editor's Note: The definition of "high-water elevation, normal,"
which immediately followed this definition, was repealed 3-13-1999
ATM by Art. 65.
[8]
Editor's Note: The definition of "inland wetland," added 3-12-1988
ATM by Art. 65, which immediately followed this definition, was repealed
3-13-1999 ATM by Art. 65.
[9]
Editor’s Note: The former definition of "land management road," added 6-30-2009 STM, which immediately followed this definition, was repealed upon the statutorily established date of 1-1-2013; see § 105-9B.
[10]
Editor's Note: The definition of "mobile home, trailer, house
trailer," amended 3-10-1984 ATM by Art. 5 and 8-31-1985 STM by Art.
4, was deleted 3-10-1990 ATM by Art. 29.
[11]
Editor's Note: The definition of "recent floodplain soils,"
which immediately followed this definition, was repealed 3-13-1999
ATM by Art. 65.
[12]
Editor’s Note: The former definition of "residual basal area," added 6-30-2009 STM, which immediately followed this definition, was repealed upon the statutorily established date of 1-1-2013; see § 105-9B.
[13]
Editor’s Note: The former definition of “skid road or skid trail,” added 3-12-1988 ATM by Art. 65, as amended, which immediately followed this definition, was repealed upon the statutorily established date of 1-1-2013; see § 105-9B.
[14]
Editor's Note: The definition of "wetlands associated with
great ponds and rivers," added 3-19-1991 ATM by Art. 53, formerly
followed this definition, but did not appear with the revisions to
this chapter adopted at the 6-30-2009 STM.
