SECTION 402.1 TITLE
This ordinance shall be known and may be cited as the “Zoning Ordinance of the Town of Gray, Maine”.
SECTION 402.2 PURPOSE
The purpose of this Ordinance is to promote health, safety, and general welfare; to encourage the most appropriate use of land throughout the Town; to promote traffic safety; to provide adequate light and air; to prevent overcrowding of real estate; to promote a wholesome home environment; to prevent housing development in unsanitary areas; to provide an adequate street system; to promote the coordinated development of undeveloped areas; to provide an allotment of land areas in new developments sufficient for all the requirements of community life; to conserve natural resources, and to provide for adequate public services.
SECTION 402.3 WORD USAGE
In this Ordinance (if not inconsistent with the context), the singular may be taken for the plural and the plural for the singular; “person” may include an association, a partnership, a corporation or other entity; the present tense includes the future; the word “building” includes the word “structure”; the word “lot” includes the word “plot”; and the word “shall” is mandatory and not directory.
SECTION 402.4 - DEFINITIONS
For purposes of this Ordinance, certain terms or words used herein shall be interpreted or defined as follows:
Accessory Apartment: A housing unit that is self-contained, but is incorporated within, and is accessory to, an existing structure that was originally designed for a single family. The criterion for defining the second accessory unit shall be the existence of separate cooking facilities. Accessory apartments shall be subject to the provisions of Section 402.15.1 of this Ordinance.
Accessory Use or Structure: A use or structure customarily incidental and subordinate to the principal use or structure, and located on the same lot with such principal building or use, including the keeping of household pets.
Adult Business: 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 services of any kind which appeal to prurient interests and which depict or describe specified sexual activities.
As applied to a business which sells, rents or leases such materials or devices, “substantial or significant portion” means that 25% or more of the floor area of the unit of occupancy in which the business is located is used to display, shelve or store such materials or devices. As applied to a business which exhibits or displays, films, videos or similar visual reproductions for viewing by patrons on the
premises, “substantial or significant portion” means that, in any single day, 50% or more of the total display or exhibition time is devoted to such materials.
Aggrieved Party: A person whose land is directly or indirectly affected by the grant or denial of a permit or variance under this Ordinance, a person whose land abuts land for which a permit or variance has been granted; or a group of five or more citizens of the municipality who represent an interest adverse to the grant or denial of such permit or variance.
Agriculture, General: Includes the cultivation of the soil for food products or other useful or valuable growth of the field, garden, nursery or greenhouse, but does not include dairying, raising of livestock, breeding or keeping of animals, fowl or birds as a business or gainful occupation.
Airport: An airstrip restricted to private and personal use.
Animal Housing: Any lean-to, hovel, shelter or structure that supports the safe and healthy keeping of animals from the natural elements.
Animal Husbandry: Dairying, raising of livestock, breeding or keeping of animals, horses, lamas, deer, alpacas and other fur bearing animals, emus, fowls or birds as a business or gainful occupation, which are considered commercial and come under other State laws.
Aquifer: Geologic unit composed of rock or sand and gravel, which unit contains sufficient saturated permeable materials to conduct groundwater and to also yield economically significant quantities of groundwater to wells and springs. For purposes of this Ordinance, economically significant quantities of ground water shall be taken to be any unit capable of yielding ten (10) gallons or more per minute of water to a single well or spring.
Arterial Street: A street as defined in the Gray Street Construction Ordinance, Chapter 400.
Auction Houses: A place where the public sale of property to the highest bidder is held by one licensed and authorized for that purpose.
Auctions: The sale of household goods by competitive bid conducted on the premises. Civic or nonprofit organizations are exempt from the above but must obtain a permit from the Town Council.
Auto Body Shop: A place where collision services, such as body, frame, or fender straightening and repair, overall painting and undercoating of vehicles are performed.
Auto intensive: Retail, Office or Restaurant uses which have a drive-through facility.
Automobile Graveyard: A lot, or part thereof, exposed to the elements which is used for the sale and/or storage or any three (3) or more automobiles, trucks and/or other motorized vehicles which are not registered, and/or do not have a current State Inspection Sticker.
Auto Repair Garage: 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.
Auto Service Station: A place where gasoline or any other automobile engine fuel (stored in tanks), kerosene, motor oil, lubricants or grease (for operation of motor vehicles) is retailed directly to the public on the premises. This includes the sale of minor accessories and the servicing and minor repair of automobiles, but does not include storage of unlicensed vehicles nor does it include body, frame, or fender straightening and repair.
Bed and Breakfast Establishments: A dwelling in which is provided short-term overnight lodging to paying guests with a maximum of five (5) guest rooms located within the dwelling or permitted attached structures. Breakfast shall be the only meal served and shall be limited to overnight guests. A bed and breakfast with three (3) guest rooms or less shall be considered a home occupation accessory to principal use of the dwelling and shall be allowed under the standards applicable to home occupations. The average occupancy is not to exceed three (3) persons per guest room per night. A structure shall not be used or occupied as a bed and breakfast establishment until all necessary State approvals have been received and certificate of use and occupancy has been issues by the local
Code Enforcement Officer.
Building: Any structure having a roof supported by columns or walls used for shelter or protection of persons, animals or personal property.
Building Height: Vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat and mansard roofs, and to the average height between eaves and ridge for other types of roofs.
Building Height in Zoning Districts other than Business Development and Commercial: Vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat and mansard roofs, and to the average height between the eaves and ridge for other types of roofs.
Building Height in Business Development and Commercial Zones: For structures which are served by Public Water and provide suitable access to at least two sides of the structure in accordance with the requirements and the approval of the Gray Fire Department, the following standards should apply. The maximum vertical distance shall be 40 as measured from the average elevation of the proposed finished grade at the front of the building to the eaves, and 53 as measured from the average elevation of the proposed finished grade at the front of the building to the highest point on the roof. All other structures which are not served by Public Water and do not provide suitable access to at least two sides of the structure in accordance with the requirements of the Gray Fire Department
shall comply with the building height definition for other zones with maximum height of 35 .
Campground: A parcel or parcels of land providing temporary accommodation for recreational vehicles, tenting areas, and other forms of temporary shelter.
Cemetery: A property used for the interment of the dead.
Church: A building or structure or group of buildings or structures and grounds primarily intended or used for the conduct of religious services of any religious group faith, denomination or sect and for accessory uses associated therewith.
Client: A person dependent on another for protection or patronage.
Code Enforcement Officer: A person appointed by the Town Manager to administer and enforce this Ordinance. Reference to the Code Enforcement Officer may be construed to include Building Inspector, Plumbing Inspector, Electrical Inspector and the like where applicable.
Commercial Recreation, Indoor: Any indoor recreational use such as bowling alleys, roller or ice skating rinks, swimming pools or tennis courts operated primarily for profit.
Commercial Recreation, Outdoor: Any outdoor recreational use such as golf courses, tennis courts, riding stables, swimming pools or ice skating rinks operated primarily for profit.
Conforming Use: A use of buildings, structures or land which complies with all applicable provisions of this Ordinance.
Construction Services: Uses such as plumbing, painting, building, well drilling, carpentry or electrical installation and excavating.
Conversion to a Two-Family Dwelling: A dwelling unit designed exclusively for two families, living independently, including separate bath and kitchen facilities.
Day Care Facility: Day care facility shall mean a house or other place in which a person, or combination of persons maintains or otherwise carries out a regular program, for consideration, for any part of a day providing care and protection for three (3) or more clients.
Domestic Animals: These include but are not limited to dogs, cats, birds and reptiles that are raised within the confines of the household. They are not raised in multiple numbers for breeding, sale or exchange for other goods or services and do not meet the requirements for kennels, agriculture operations, or feed lots. This definition and restriction excludes service animals, which may include animals that have been certified and trained to assist in aiding a person with a specific physical or emotional disability.
Drinking Establishments: The site of a retail trade or a private club, which sells, serves or allows the use of beer, liquor, and wine for on premises consumption.
Drive Through and Drive-In Facility:
A commercial/retail facility or operation which provides a service directly to the occupants of a motor vehicle or where the customer can drive a motor vehicle onto the premises and to a location, person or device through which an order may be placed and the customer would be served with their order without exiting the vehicle.
Dwelling: A fixed structure containing one or more dwelling units.
Dwelling, One-Family: A dwelling designed for or occupied exclusively by one (1) family.
Dwelling, Two-Family: A dwelling designed for or occupied exclusively by two (2) families living independently.
Dwelling, Multiple: A dwelling or group of dwellings in one structure containing separate living units for three (3) or more families living independently.
Dwelling Unit: A room or group of rooms designed and equipped exclusively for use as living quarters for only one (1) family, including provisions for living, sleeping, cooking, bathing and eating. The term shall include mobile homes but shall not include travel trailers or recreational vehicles.
Emergency Operations: Emergency operations shall include operations conducted for the public health, safety or general welfare such as protection of resources from immediate destruction or loss, law enforcement and operations to rescue human beings and livestock from the threat of destruction or injury.
Excavation: Any removal of earth or earth material from its original position.
Existing Excavated Area (Earth-Moving Operations): The area in which actual excavation has occurred preceding 7/4/85 (the effective date of Section 402.29 of the Zoning Ordinance). Stripping of vegetation shall not be considered to be excavation. The boundaries of the existing excavated area shall be documented by photographs and site plans drawn to scale and submitted to the CEO.
Existing Parcel (Earth Moving Operations): The total parcel which includes the existing, excavated area and may include areas where expansion of existing pit operations will occur. The parcel shall be in single ownership or lease for at least a one-year period preceding 7/4/85 (the effective date of Section 402.29 of the Zoning Ordinance) and which is intended to continue. The Code Enforcement Officer shall require evidence which may include cash receipts, affidavits, verbal testimony, photographs or other information to be presented on which to grant status as an existing pit operation.
Existing Pit Operation: An excavation activity which is located on an existing parcel and for which operation for remuneration has taken place in the existing excavated area during the one-year period immediately preceding 7/4/85 (the effective date of Section 402.29 of the Zoning Ordinance) and which is intended to continue. The code Enforcement Officer shall require evidence which may include cash
receipts, affidavits, verbal testimony, photographs or other information to be presented on which to grant status as an existing pit operation.
Expansion of Existing Pit Operations: Any proposed earth moving, excavating, processing or storage of earth materials operation which is expanded beyond the boundaries of the existing excavated area as defined in this Ordinance. When an existing operation is expanded more than five (5) acres, the operator shall file a copy of the DEP permit with the Planning Board. Expansions of existing pit operations are subject to limited rehabilitation requirements as specified in this Ordinance.
Family: One or more persons living, sleeping, cooking and eating on the same premises as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house or hotel. Such unit shall not exceed five (5) persons not related by blood or marriage.
Farm Stand: A roadside stand not exceeding 200 square feet in floor area selling only farm, garden, greenhouse, or nursery products, and between Labor Day and Christmas, cut Christmas trees, garlands, wreaths and wreath material.
Filling: Depositions or dumping any matter on or into the ground water.
Fire Wall: A wall of noncombustible construction, with qualities of fire resistant and structural stability which resists the spread of fire.
Flea Market Open Air Market: An occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public. There are no long-term leases (over 6 months) between the sellers and operators. Flea markets are not considered retail trade or commercial sales and service.
Flood: A temporary rise in stream flow that results in water overtopping its banks and inundating adjacent areas.
Flood Area: The sum of the gross horizontal areas of the floor area of all roofed portions of a building, excluding basement or cellar floor areas. All dimensions shall be measured between interior faces of the exterior walls.
Floor Area: The total floor area in square feet, or a building or structure as measured from the interior faces of the outside walls, including any useable basement or attic areas.
Forest Management Activities: Timber cruising and other forest resources evaluation activities, management planning activities, insect and disease control, timber stand improvement, pruning, timber harvesting and other forest harvesting, regeneration of forest stands and other similar associated activities, but not the construction or creation of roads.
Frontage Street: That lot property line abutting on a street or private way, and ordinarily regarded as the front of the lot. On any lot bounded on more than one property line by a street or private way, the street frontage shall be that property line of the lot designated as “street frontage” in any building permit
application for such lot. Minimum contiguous street frontage shall be required for all lot property lines abutting a road or private way.
Garage Sale: The sale of household goods on the premises of a residential dwelling unit conducted by a member or members of the family residing in the dwelling unit; provided, however, that such sale shall not occur on the same premises or by the same nonprofit organizations more than seven (7) days in any one calendar year.
Ground Water: All of the water found beneath the surface of the ground. For purposes of aquifer protection, this term refers to the slowly moving subsurface water present in the aquifers and recharge areas.
Headquarters for contracting Business: An establishment primarily engaged in the administration of a business, which renders services on a fee or contract basis. This use is similar to construction services, but generally is smaller in nature and usually includes the firm s offices with little additional storage.
Heliport: A heliport restricted to private and personal use.
Home Occupations: A home occupation is defined as an occupation or business activity which results in a product or service and is conducted in whole or in part in the dwelling unit or accessory structure.
Hotels/Motels: A building or group of buildings designed for overnight accommodations for travelers and transients in rental guest rooms with or without cooking facilities but most accommodations having their own bathrooms. This definition includes Bed and Breakfasts with more than five (5) rooms, tourist courts, motor courts and motor lodges, but excludes lodging houses, boarding houses, rooming houses and dormitories.
Household Pets: Those pets normally considered as household companions, but not including horses, cattle, sheep, goats, swine, chickens, turkeys or any animals raised for sale or for the sale of their products which shall be deemed farm animals.
Junkyard: A lot or part thereof, exposed to the elements, which is used for the sale and/or storage of:
a. Discarded, worn-out or junked plumbing, heating supplies, household appliances and furniture;
b. Discarded, scrap or junked lumber;
c. Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste and scrap iron, steel and other ferrous or nonferrous material; and
d. Garbage dumps, waste dumps, and sanitary fills.
Leach able Wastes: Waste materials, including solid wastes, sludge, industrial uses and agricultural wastes capable of releasing contaminants to the surrounding environment.
Light Manufacturing: Industrial uses which include fabrication, manufacturing, assembly or processing of materials that can be conducted entirely within enclosed buildings and which do not create
smoke, gas, odor, dust, sound or other objectionable influences which might be obnoxious to persons conducting business or residing in this or any other zone.
Lot: A parcel of land having distinct and defined boundaries and described in a deed, plot or similar legal document. No more than one principal structure and its accessory buildings as regulated in this Ordinance may be located on any one lot, except in the case of a Planned Unit Development or Cluster Housing.
Lot Area: The total horizontal area within the lot lines.
Lot, Back: Any lot without frontage on a street.
Lot, Corner: A lot with at least two (2) contiguous sides abutting upon a street and/or private way.
Lot Lines: The property lines bounding a lot.
Front Lot Line: The line separating the lot from street or private way and ordinarily regarded as the front of the lot. On any lot bounded on more than one property line by a street or private way the front lot line shall be that property line of the lot designated as “street frontage” in any building permit application for such lot.
Rear Lot Line: The 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 lines, not less than ten (10) feet long, lying farthest from the front lot line.
Side Lot Line: Any lot line other than the front lot line or rear lot line.
Lot of Record: A parcel of land, a legal description of which or the dimensions of which are recorded on a document or map on file with the County Register of Deeds.
Manufacturing/Processing: Uses such as a textile mill, shoe factory, metal fabrication, canning of foods, meat packing or grain mill, the preparation of finished products made from foodstuff, fabrics, leather, wood, paper, rubber, stone, clay, glass, plastics, manmade materials and other similar materials.
Mechanical Repair Garage: A place where general mechanical repairs to on or off the highway motor vehicles and related equipment may be performed. Collision services such as bodywork, frame or fender straightening and repairs such as repainting and undercoating are excluded. The storage or sale of engine fuels and kerosene or the storage of unlicensed vehicles is not permitted. The fabrication of parts for such motor vehicles and related equipment may be performed.
Medical Facilities: A facility, which contains establishment dispensing health services including clinics and/or groups of doctors in an office complex.
Mineral Exploration: Hand sampling, test boring or other methods of determining the nature or extent of mineral resources, which create mineral disturbance to the land.
Mini-Warehousing: A structure containing separate storage spaces of varying size, leased or rented on an individual basis. Structures to be one story with direct access to paved driveways, distance between
structures is to be at least twenty-four (24) feet, outdoor storage is prohibited. Space is not be used for anything other than storage.
Mobile Home: A detached, single-family dwelling unit with the following characteristics:
a. Manufactured as a relocatable living unit without a permanent foundation, designed for long-term, year-round occupancy and containing sleeping accommodations, a toilet, a tub or shower bath and kitchen facilities, including major appliances and furniture, with plumbing and electrical connections provided for attachment to outside systems.
b. Designed to be transported, after fabrication, on its own chassis, and connected to utilities upon being placed on a permanent foundation or mobile home stand.
c. Designed to be installed with only incidental unpacking and assembling operations.
Mobile Home Park: A parcel of land under unified ownership approved by the municipality for the placement of three (3) or more manufactured homes.
Mobile Vendor: Mobile Vendor shall mean and include any food service establishment not more than eight (8) feet in width and eighteen (18) feet in length attached to wheels and which is capable of moving under its own power or being a self contained unit to be readily moved and must have a wash basin and napkins if selling food, and which has all utilities and facilities contained within it or is capable of hookup thereto, in order to serve persons present at its location. The term shall exclude any use which fall exclusively within the definition of “lunch wagon” under 30-A.M.R.S.A. Sec. 3931 as amended from time to time.
Motor Home: Portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.
Municipal Uses: A municipally owned or operated facility performing any governmental function including but not limited to municipal buildings, structures and facilities, public parks, public recycling facilities, public recreation facilities and fire stations. This definition does not include public schools.
Net Residential Acreage: The net acreage of a parcel or site that is generally suitable for development in its natural state. Net residential acreage shall be determined by subtracting unsuitable and marginal areas from the gross land area:
A. The following areas shall be considered unsuitable for development and 100% of the acreage of these areas shall be deducted from the gross land area:
1. Land that is cut off from the main parcel by a road or by existing land uses and where no means of access can be provided, so that the land is isolated and unavailable for building purposes or common uses.
2. Land situated below the normal high water mark of any waterbody.
3. Land within the 100-year Floodplain as identified by the Federal Flood Boundary and Floodway Maps or Federal Maps or Federal Flood Insurance Rate Maps.
4. Land within a Resource Protection District.
5. Land, which has been created by filling or draining a pond or wetland.
6. Land area consisting of unreclaimed gravel pits.
7. Very poorly drained soils. (See E. below)
B. The following areas shall be considered marginally suitable for development, and fifty percent (50%) of these areas shall be deducted from the balance of A.
1. Poorly Drained Soils and Somewhat Poorly Drained Soils. (See E. below)
C. Fifteen percent (15%) of the total acreage of the site remaining after subtracting those areas listed in A and B above, shall be deducted as an allowance for roads, parking and right of ways, whether or not the actual area devoted to roads is greater or less than fifteen percent (15%).
D. No building or structure shall be sited in areas subtracted as 100% deductions as listed in A above. Siting of structure in areas subtracted as 50% deductions as listed in B above shall be discouraged but shall be permitted where the applicant or developer demonstrates that measures will be taken to minimize erosion, sedimentation and seasonal wetness, that these areas are stable for the siting of structures, and that proposed
subsurface waste disposal systems will comply with the Maine State Plumbing Code.
E. For determination of the very poorly, poorly and somewhat poorly drained soils, the following guidelines shall apply:
1. Soil classifications shall be determined by a Class A High Intensity Soils Survey prepared by a Maine Certified Soils Scientist, in accordance with the standards of the Maine Association of Professional Soil Scientists.
2. In cases where the requirement of a Class A High Intensity Soils Survey is waived, deductions for unsuitable soils shall be determined in the following manner:
a. One hundred percent (100%) of land areas with a water table within six (6) inches of the surface for three (3) or more months a year shall be deducted. In making this determination, the Planning Board shall consult medium-intensity soils maps, perform site visits, consult experts and review other available information.
b. If the applicant wished to contest the Planning Board s determination of unsuitable soils on the site using the above method, the applicant may submit for the Board s consideration, a Class A High Intensity Soils Survey prepared by a Maine Certified Soils Scientist in accordance with the Standards of the Maine Association of Professional Soil Scientists.
Net Residential Density: Net residential density shall mean the number of dwelling units per net residential acre.
New Pit Operations: Creation of new sand, fill or gravel pits. New pit operations are subject to rehabilitation requirements as specified in this Ordinance.
Nonconforming Use: A use of buildings, structures, land, or portion thereof, existing at the effective date of adoption or amendment of this Ordinance, which does not comply with all applicable provisions of this Ordinance.
Nursing Home: An institution that provides nursing or convalescent care to chronic or convalescent patients, but does not provide hospital services such as an operating room or x-ray facility unless incidental to the delivery of nursing or convalescent care. Where a permitted use, the nursing home
shall have a density no greater than the minimum lot size for the district plus five thousand (5,000) square feet of land area per bed.
Office, Business or Professional: The place within and from which a person or persons conducts a business providing, by way of example, but not limited to, a trade, professional or service to clients or customers. Business and professional offices may include, but are not limited to, offices for plumbing, electrical, and other construction trades, firms or contractors (including headquarters); and for lawn care and building cleaning companies; and for lawyers, doctors, accountants, engineers and other professional consultants. Personal services are not included in this definition.
Open Space: Land or water area not involving a structure, earth-moving activities, the removal or destruction of vegetative cover, spawning ground of fish and aquatic life or bird and other wildlife habitat.
Permitted Use: A use specifically allowed in a zoning district.
Personal Service: Uses such as a Laundromat, laundry, dry cleaning establishment, beauty shops, barber shops, shoe repair, photographic studio and similar businesses providing services of a personal nature.
Planned Unit Development: A commercial and retail land development project comprehensively planned as an entity via a unitary site plan which permits flexibility in building, siting, mixtures of commercial and retail types and land uses, usable open spaces, and the preservation of significant natural features.
Principal Building: The building in which the primary use of the lot is conducted.
Principal Use: The primary use to which the premises are devoted, and the main purpose for which the premises exist.
Private Assembly: A gathering of a number of people for meetings of a private nature such as family affairs, social clubs, fraternal and service organizations.
Private Way: Any private way, designated for private or public use by a group of property owners.
Prohibited Use: All uses not specifically allowed as Permitted Uses or uses requiring site plan review, except as provided by Section 402.33E of this Ordinance.
Public Assembly Indoor: Use such as theaters, playhouses, arenas, field houses or auditoriums.
Public Assembly Outdoor: Use such as drive-in movies, race tracks, or stadia
Public Building: A building owned, operated or funded in whole or in part by the Town of Gray which members of the general public have occasion to visit, either regularly or occasionally, such as, but not
limited to the Municipal Offices, Stimson Hall, the Gray Public Library, Newbegin Gym, the Public Safety Building, and the Fire Stations.
Public Utilities: “The office, plant, generating facility, substation, or transmission lines of a person, firm or corporation, board or commission authorized to furnish gas, steam, electricity, communication facilities, transportation or water to the public.”
Recharge Areas: Areas composed of porous sand and gravel, or other areas that collect precipitation or surface water and carry it to aquifers.
Redemption Center: Means a place of business which deals in acceptance of empty returnable beverage containers from either consumers or from dealers, or both, and which is licensed by the Maine Department of agriculture, food, and rural resources, division of regulations as a redemption center.
Repair Service: Use such as TV or radio repair; furniture or reupholsterers; watch, clock or jewelry repair.
Research Facilities: A building or buildings and/or structure or structures and any accessory equipment or use in directing scientific or other forms of human inquiry into phenomena including but not limited to nature, human nature, the physical environment, eco-systems, other systems and products and devices.
Residential Dwelling Unit: A room or group of rooms designed and equipped exclusively for use as permanent, seasonal or temporary living quarters for only one family. The term shall include mobile homes.
Retail Trade: Any business engaged in sales to the ultimate consumer for direct consumption and/or use, and not for resale. The term retail trade shall include such uses as restaurant, café, store for the sale of hardware, food, apparel, furniture, jewelry, drugs, general merchandise, photographic equipment, athletic equipment, appliances, reading material, automobile sales and banks.
Schools: An institution either public or private for education or instruction, including a college, university or school conducting classes pursuant to a program approved by the State Board of Education or similar governmental agency, but not including commercially operated schools, such as schools of beauty culture, business, dancing, driving, music or recreation which shall be deemed retail businesses.
Setback: Space on a lot not occupied with a building or structure. Porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required setback.
Front Setback: Setback between the front lot line and the front line of a building extended to the side lot lines of the lot. The depth of the front setback shall be measured from the front lot line to the front line of the building.
Side Setback: Setback between the principal building or accessory building and a side lot line, and extending through from the front setback to the rear setback.
Rear Setback: Setback between the rear lot line and the rear line of a building extended to the side lot lines of the lot. The depth of the rear setback shall be measured from the rear lot line to the rear line of the building.
Shopping Center: A group of retail stores and/or offices having a minimum of twenty five thousand (25,000) square feet of net enclosed usable business space which share adjacent off-street parking facilities.
Similar Use: A similar use is one which is not specifically listed as a permitted or site plan use in the Ordinance but is similar to and not more objectionable than those listed in the Ordinance as a permitted or site plan use.
Site Plan Review: The process by which the Planning Board reviews and may attach conditions to uses that are of such a scale and nature that they may affect the physical and visual environment, the provision of public services, the value and rights of adjoining properties, and the health, safety and welfare of the citizens.
Sludge: Residual materials produced by water or sewage treatment processes and by domestic septic tanks.
Solid Waste: Useless, unwanted or discarded solid material with insufficient liquid content to be free flowing. This includes, but is not limited to, rubbish garbage, scrap materials, junk and refuse.
Specified Sexual Activities:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy:
(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
Stream, Year-Round: Any stream that is marked on a USGS map by a solid line.
Street: Any way, public or private, constructed to minimum Town standards, designated for public use and kept accessible at all times to all public services.
Structure: Anything constructed or erected, the use of which requires location on the ground, or attachment to something on the ground, excluding fences, flag poles or like projects.
Subdivision: This ordinance defines “Subdivision” as it is defined in 30-A M.R.S.A. Section 4401 to mean the division of a tract or parcel of land into three (3) or more lots within any five (5) year period that begins after September 23, 1971. This definition applies whether the division is accomplished by
sale, lease, development, buildings or otherwise. The term “subdivision” also includes the division of a new structure or structures on a tract or parcel of land into three (3) or more dwelling units on a single tract or parcel of land and the division of an existing structure or structures previously used for
commercial or industrial use into three (3) or more dwelling units within a five (5) year period. This definition and all other provisions in 30-A M.R.S.A. Section 4401 as may be amended from time to time are also incorporated into this definition.
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.
Travel Trailer: Any portable vehicle which is designed to be transported on its own wheels; which is temporarily living quarters for travel, recreational, vacation or construction purposes; and which may or may not contain one or all of the accommodations and facilities included in a mobile home.
Trucking Terminal: A building or buildings and/or structure or structures and any other facilities for the loading and off-loading of goods from trucks, the temporary storage of said goods, spaces for the temporary overnight parking of trucks, facilities for the normal and routine maintenance of trucks, accessory uses thereto including but not limited to dispatcher s office or administrative or recordkeeping office.
Use: The purpose for which land or a structure is arranged, designed, intended, or for which land or a structure is or may be occupied.
Variance: A relaxation of the space standards of this Zoning Ordinance as more fully described in Section 402.32.
Warehouse & Storage Facility: A land area where goods or materials are stored in a warehouse facility and/or in specific outdoor areas.
Water Bar: A structure which intercepts water flowing down the trail and turns it out into the adjoining vegetated land in such a fashion that it will not re-enter the trail.
Wholesale Trade: Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or
acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
Zoning District: 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 Ordinance.
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