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Article II
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Article II. DEFINITIONS OF TERMS USED IN THIS ORDINANCE

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

2.1   Construction of Language

In the interpretation and enforcement of this ordinance, all words other than those specifically defined in the ordinance shall have the meaning implied by their context in the ordinance or their ordinarily accepted meaning. In the case of any difference of meaning or implication between the text of this ordinance and any map, illustration, or table, the text shall control.

The word "person" includes firm, association, organization, partnership, trust, company, or corporation, as well as an individual or any other legal entity.

The present tense includes the future tense, the singular number includes the plural, and the plural numbers include the singular.

The words "shall" and "will" are mandatory, the word "may" is permissive.

The word "lot" includes the words "plot" and "parcel".

The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."

The word "town" or "municipality" means the Town of Limington, Maine.

2.2   Definitions

In this ordinance the following terms shall have the following meanings:

Accessory Use or Structure:

A use or structure which is customarily and in fact both incidental and subordinate to the principal use or structure. The term "incidental" in reference to the principal use or structure shall mean subordinate and minor in significance 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.

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 nurseries and ornamental and greenhouse products. Agriculture does not include forest management and timber harvesting activities.

Aggrieved Party:

An owner of land whose property is directly or indirectly affected by the granting 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 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 Selectmen of the Town of Limington shall be included in the definition of Aggrieved Party with respect to any decision of the Limington Planning Board or the Code Enforcement Officer made pursuant to this Ordinance, and the Limington Planning Board shall be included in the definition of Aggrieved Party with respect to any decision of the Code Enforcement Officer made pursuant to this Ordinance.

Alteration:

any change, addition, or modification in construction, other than cosmetic or decorative, or any change in the structural members of buildings such as bearing walls, columns, beams, or girders.

Amusement Center:

Any private, commercial premises which are maintained or operated primarily for the amusement, patronage, or recreation of the public, containing four (4) 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.

Animal Husbandry:

The keeping of any domestic animals other than customary household pets.

Aquaculture:

The growing or propagation of harvestable freshwater, estuarine or marine plant or animal species.

Area of Special Flood Hazard:

The land in the flood plain having a one percent or greater chance of flooding in any given year.

Authorized Agent:

Anyone having written authorization, signed by a property owner, to act in behalf of that property owner.

Automobile Graveyard:

A yard, field or other area used as a place of storage, other than temporary storage by an establishment or place of business which is engaged primarily in doing auto body repair work for the purpose of making repairs to render a motor vehicle serviceable, for three or more unserviceable, discarded, worn out or junked motor vehicles.

Automobile Service Station:

A place where gasoline or any other automobile engine fuel (stored only in underground tanks), kerosene or motor oil, and lubricants or grease 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 the storage of unlicensed vehicles, and not including body, frame or fender straightening and repair.

Base Flood:

Means the flood having a one percent chance of being equaled or exceeded in any given year, alternately referred to as the 100 year flood.

Basement:

The enclosed area underneath a structure, typically having a masonry floor and walls which comprise the structure's foundation. The clear height up to the joists supporting the floor directly above is three feet or greater.

Bed & Breakfast:

A singe family dwelling in which lodging or lodging and meals are offered to the general public for compensation, offering no more than three bedrooms for lodging purposes.

Boardinghouse:

Any residential structure where lodging or lodging and meals are provided for compensation for a period of at least two weeks, and where a family residing in the building acts as proprietor or owner. There is no provision for cooking in any individual room.

Boathouse:

A non-residential structure designed for the purpose of protecting or storing boats for non-commercial purposes.

Bottle Club:

An establishment where no alcoholic beverages are sold, but where members, guests or customers provide their own alcoholic beverages, paying a fee or other consideration for admission or membership, and/or for set-ups.

Buffer Strip:

A 50-foot strip of land, including individual lot setbacks, if any. No structures, roads or utilities may be placed in the buffer strip, except that utilities may cross it to provide services.

Building:

Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or personal property.

Building Height:

The vertical distance measured between the mean original grade at the downhill side of the building and the highest point of its roof, not including chimneys, spires, towers, or similar accessory structures.

Campground:

Any area or tract of land to accommodate two (2) or more parties in temporary living quarters, including, but not limited to, tents, recreational vehicles or other structures.

Change of Use:

A change from one category in the land use table to another or the addition of a new category of use to an existing use.

Channel:

A natural or artificial watercourse with definite beds and banks to confine and conduct continuously or periodically flowing water. Channel flow is water flowing within the limits of the defined channel.

Club:

Any association of persons organized for social, religious, benevolent, or academic purposes; whose facilities are open to members and guests, including fraternities, sororities, and social organizations.

Cluster Development:

A development designed to promote the creation of open space by a reduction in dimensional and area requirements.

Code Enforcement Officer:

A person appointed by the Municipal Officers 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:

Any commercial enterprise which receives a fee in return for the provision of some recreational activity including but not limited to: racquet clubs, health facilities, and amusement parks, but not including amusement centers.

Commercial Use:

The use of lands, buildings or structures, other than a "home occupation" (defined below), the intent or result of which activity is the production of income from the buying and selling of goods and/or services, exclusive of rental of residential buildings and/or dwelling units.

Conditional Use Permit:

A permit authorized by the Planning Board for a Conditional Use. A Conditional Use is a use that would not be appropriate without restriction, but which is permitted provided that all performance standards and other requirements of this ordinance are met. A Conditional Use Permit may be issued only after the applicant has followed the procedures of this ordinance. A Conditional Use Permit does not authorize the applicant to build, but merely authorizes the Code Enforcement Officer to issue a building permit, provided that all other requirements for the issuance of a building permit are satisfied by the applicant.

Congregate Housing:

A multi-family development with central dining facilities serving functionally impaired persons, including without limitation functionally impaired elderly persons.

Construction:

Includes building, erecting, altering, reconstructing, moving upon or any physical operations on the premises which are required for construction. Excavation, fill, paving, drainage, and the like, shall be considered as part of construction.

Convenience Store:

A store of less than 1,500 square feet of floor space intended to service the convenience of a residential neighborhood with such items as, but not limited to, basic foods, newspapers, emergency home repair articles, and other household items.

Day Care Center:

An establishment, including a private residence, where three or more children under the age of six are cared for in return for compensation.

Deck:

An uncovered structure with a floor, elevated above ground level.

Decorative Changes:

Repainting or re-siding; removing or replacing trim, railings, or other non-structural architectural details; or the addition, removal or change of location of windows and doors.

Dimensional Requirements:

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

District:

A specified portion of the municipality, delineated on the Official Land Use Map, within which certain regulations and requirements or various combinations thereof apply under the provisions of this Ordinance.

Driveway:

A vehicular access-way fewer than five hundred (500) feet in length, and serving one or two lots.

Dwelling:

Any building or structure or portion thereof designed or used for residential purposes.

Single-Family Dwelling: a building containing only one (l) dwelling unit for occupation by not more than one (l) family.

Multi-Family Dwelling: a building containing two (2) to four (4) dwelling units, such buildings being designed for residential use and occupancy by two (2) to four (4) families living independently of one another, with the number of families not exceeding the number of dwelling units.

Dwelling Unit:

A room or suite of rooms designed and equipped exclusively for use by one family as a permanent, seasonal or temporary habitation, and which contains independent living, cooking, sleeping, bathing and sanitary facilities. The term includes manufactured housing but not recreational vehicles or motel units.

Duplex:

A multi-family dwelling containing exactly two (2) dwelling units.

Emergency Operations:

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, property, and livestock from the threat of destruction or injury.

Essential Services:

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, cables, fire alarms and police call boxes, traffic signals, hydrants and similar accessories, but shall not include service drops or buildings which are necessary for the furnishing of such services.

Expansion:

Of a Structure: An 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.

Of a Use: The addition of weeks or months to a use's operating season; additional hours of operation; or an increase in net floor area or ground area devoted to a particular use.

Exterior Walls of Traditional Site-Built Appearance:

Siding materials such as clapboards shingles, and shakes, including synthetic or metal siding manufactured to closely resemble clapboards, shingles and shakes. This term shall also include masonry, wood board-and-batten, and "Texture 1-11" exterior plywood, but shall not include artificial masonry, or fake board-and-batten made from metal or plastic.

Family:

One or more persons occupying a premises and living as a single housekeeping unit.

Filling:

Depositing or dumping any matter on or into the ground or water.

Flea Market:

The sale of used merchandise customarily involving tables or space leased or rented to vendors.

Floating Slab:

A reinforced concrete slab which is designed to withstand pressures both from below and above.

Flood Insurance Map:

The official map on which the Dept. of Housing and Urban Development or the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the Town.

Flood Plain:

The lands adjacent to a water body which have been or may be covered by the base flood.

Floodway:

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floor Area:

The sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls, plus the horizontal area of any unenclosed portions of a structure, such as porches and decks.

Floor Area, Gross:

The sum, in square feet, of the floor areas of all roofed portions of a building, as measured from the exterior faces of the exterior walls.

Floor Area, Net:

The total of all floor areas of a building, excluding the following: stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and floors below the first or ground floor, except when used for human habitation or service to the public.

Foundation:

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

Frontage

Street: The contiguous linear distance of the line separating the lot from a "street," as defined in this Ordinance.

Road: The contiguous linear distance of the line separating the lot from a "road," as defined in this Ordinance.

Private Road: The contiguous linear distance of the line separating the lot from a "private road," as defined in this Ordinance.

Shore: The horizontal distance, measured in a straight line, between the intersections of the lot lines with the shoreline at "normal high-water line," as defined in this Ordinance.

Frost Wall:

A masonry foundation wall extending below the ground surface, supported by footings located below the frost-line to protect structures from frost heaves.

Garage Sale:   See Yard Sale.

Guest House:   See Inn.

Health care facility:

Any facility, whether public or private, proprietary or not for profit, required to obtain a certificate of need in accordance with federal laws and regulations under the National Health Planning and Resources Development Act of 1974, or any amendment, and shall include hospitals, psychiatric hospitals, tuberculosis hospitals, skilled nursing facilities, kidney disease treatment centers including free standing hemodialysis units, intermediate care facilities, rehabilitation facilities, ambulatory surgical facilities, home health care providers and health maintenance organizations. The term shall not apply to any facility operated by religious groups relying solely on spiritual means through prayer for healing.

Home Occupation:

An occupation or profession conducted on or in a residential structure or property, and which is clearly incidental to and compatible with the residential use of the property and surrounding residential uses.

Hospital:

An institution providing, but not limited to, overnight health services, primarily for in-patients, and medical or surgical care for the sick or injured, including as an integral part of the institution such related facilities as laboratories, out-patient departments, training facilities, central services facilities, and staff offices.

Hotel:

A building in which lodging or meals and lodging are offered to the general public for compensation and in which ingress and egress to and from the rooms are made primarily through an inside lobby or office. The hotel may contain such accessory services and facilities as news-stands, personal grooming facilities and restaurants.

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 ten (10) individuals, and which involves site improvements which may include, but need not be limited to, gravel pads, parking areas, fireplaces, or tent platforms.

Industrial:

Of, relating to, concerning, or arising from the assembling, fabrication, finishing, manufacturing, packaging or processing of goods, or mineral extraction.

Inn:

A building, which contains a dwelling unit occupied by an owner or resident manager, in which up to ten (10) lodging rooms or lodging rooms and meals are offered to the general public for compensation, and in which entrance to bedrooms is made through a lobby or other common room. Inn includes such terms as guest house, lodging house and tourist house.

Junkyard:

A yard, field or other area used as place of storage for:

1.   Discarded, worn-out or junked plumbing, heating supplies, household appliances and furniture;

2.   Discarded, scrap and junked lumber;

3.   Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber or plastic debris, waste and all scrap iron, steel and other scrap ferrous or non-ferrous material; and

4.   Garbage dumps, waste dumps, and sanitary landfills.

Kennel:

A location where dogs or cats are bred or boarded for commercial purposes.

Lodging House:   See Inn.

Lot:

A parcel of land occupied or capable of being occupied by at least one building and the accessory buildings or uses customarily incidental to it, including such open spaces as are required by this Ordinance, and having frontage upon a street, road, or private road, as required by this Ordinance.

Lot Area:

The total horizontal area within the lot lines, minus the area below the upland edge of a wetland and areas beneath roads serving more than two lots.

Lot, Corner:

A lot with at least two contiguous sides abutting upon a street or right of way.

Lot Coverage:

The percentage of the lot covered by all buildings.

Lot, Interior:

Any lot other than a corner lot.

Lot Lines:

The lines bounding a lot as defined below:

Front Lot Line: On an interior lot the line separating the lot from the street or right of way. On a corner or through lot, the line separating the lot from both streets or rights of way.

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 line, not less than ten (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.

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 York County Register of Deeds.

Lot, Through:

Any interior lot having frontages on two more or less parallel streets or rights of way or between a street and a water body, or a right of way and a water body, or between two water bodies, as distinguished from a corner lot. All sides of through lots adjacent to streets, rights of way, and water bodies shall be considered frontage. For purposes of determining frontage and setbacks, the front lot line shall be on one street or right-of-way only. The remaining lot lines shall be treated, for purposes of determining required setbacks, as side lot lines.

Lot Width:

The shortest distance between the side lot lines of the lot measured at the front setback line.

Manufactured Housing Unit:

Structures, transportable in no more than two sections, which were constructed in a manufacturing facility and 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.

Manufacturing:

The making of goods and articles by hand or machinery. Manufacturing shall include assembling, fabricating, finishing, packaging or processing operations.

Marina:

A commercial establishment having frontage on navigable water and, as its principal use, providing for hire moorings or docking facilities for boats, and which may also provide accessory services, such as boat and related sales, boat repair and construction, indoor and outdoor storage of boats and related equipment, boat and tackle shops, and fuel service facilities for boats.

Market Value:

The estimated price a property will bring in the open market and under prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.

Mechanized Recreation:

Recreation activities which require the use of motors or engines for the operation of equipment or participation in the activity.

Mineral Exploration:

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 disturbed areas.

Mineral Extraction:

Any operation within any twelve (12) month period which removes more than one hundred (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.

Minimum Lot Width:

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

Mobile Home:   See Manufactured Housing Unit.

Mobile Home Park:

A parcel of land under unified ownership designed and/or used to accommodate three (3) or more manufactured housing units.

Motel:

A building or group of buildings in which lodging is offered to the general public for compensation, and where entrance to rooms is made directly from the outside of the building. Motel includes such terms as tourist cabins and tourist court. And transient accommodations which do not meet the definition of Bed and Breakfast, Hotel or Inn shall be deemed to be a motel for the purposes of this ordinance.

Multifamily Development:

A lot which contains one or more multifamily dwellings, two or more duplexes, three or more single family dwellings, or any combination of buildings containing three or more dwelling units.

Net Residential Acreage:

The acreage available for development, excluding the area for streets or access and the areas which are unsuitable for development.

Net Residential Density:

The number of dwelling units per net residential acre.

Non-Conforming Lot of Record:

A lot legally existing as of the date on which this Ordinance is adopted, which does not meet the applicable area, frontage, width or depth requirements established by this Ordinance.

Non-Conforming Structure:

A structure that does not meet any one or more of the following dimensional requirements: set-backs, height, and lot coverage.

Non-Conforming Use:

Use of land or structures that is not permitted in the district in which it is located or which does not meet the performance standards prescribed for it by this Ordinance.

Non-Intensive Recreation:

Recreation activities which necessitate some degree of structural or mechanical components for participation in the activity, such as ball fields, playgrounds, and tennis courts, or no structural or mechanical components or facilities, such as hiking, fishing, or hunting.

Normal High-Water Line:

That line on the shores and banks of waters which is apparent because of the different character of the soil or the vegetation due to the prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. In the case of wetlands adjacent to rivers and great ponds, the normal high-water line is the upland edge of the wetland, and not the edge of the open water.

Nursing Home:

Any facility which provides meals, lodging and nursing care for compensation.

Open Space Use:

A use not involving: a structure; earth-moving activity; or the removal or destruction of vegetative cover, spawning grounds, or fish, aquatic life, bird, and other wildlife habitat.

Parks and Outdoor Recreation Areas:

Public and private non-commercial recreation facilities open to the general public and requiring minimal structural development, including, but not limited to playgrounds, parks, monuments, green strips, open space, mini-parks, athletic fields, boat launching ramps, piers and docks, picnic grounds, swimming pools, and wildlife and nature preserves, along with any necessary accessory facilities, rest rooms, bath houses, and the maintenance of such land and facilities, but not including campgrounds, commercial recreation and amusement centers as defined elsewhere in this ordinance.

Patio:

An uncovered floor, usually made of concrete, brick or other masonry material, which is not elevated above the surface of the ground in any matter.

Permanent Foundation:

(1) A full, poured concrete or masonry foundation; (2) A poured concrete frost wall or a mortared masonry frost wall, with or without a concrete floor; (3) A floating slab for which the municipality may require an engineer's certification if it is to be placed on soil with high frost susceptibility; and (4) Any foundation which, pursuant to the building code of the municipality, is permitted for other types of single-family dwellings.

Personal Property:

Property which is owned, utilized and maintained by an individual or members of his or her family (as that term is defined in this Ordinance) and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.

Personal Service:

A business which provides services but not goods such as, hairdressers, shoe repair, and real estate.

Piers, docks, wharves, bridges, and other structures and uses extending over or beyond the normal high-water line or within a wetland:

Temporary: Structures which remain in the water for less than seven (7) months in any period of twelve (12) consecutive months.

Permanent: Structures which remain in the water for seven (7) months or more in any period of Twelve (12) months.

Pitched, Shingled Roof:

A roof with a pitch of 2 or more vertical units for every 12 horizontal units of measurement and which is covered with asphalt or fiberglass composition shingles or other materials, but specifically excludes corrugated metal roofing material.

Porch Sale:   See Yard Sale.

Principal Structure:

The structure in which the principal use of the lot is conducted.

Principal Use:

The primary use to which the premises are devoted.

Private Road:

A private way meeting the Town's road construction standards for preparation, slope, sub-base, base, and drainage (as specified in the Town's subdivision review standards).

Professional Services:

A business that offers any type of personal service to the public which requires as a condition precedent to the rendering of such service the obtaining of a license or other legal authorization. By way of example, and without limiting the generality of this definition, professional services include services rendered by certified public accountants, public accountants, engineers, chiropractors, dentists, osteopaths, physicians and surgeons, podiatrists, chiropodists, architects, veterinarians, attorneys at law, physical therapists, and life insurance agents.

Public Facility:

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

Recent Flood Plain Soils:

The following soils series as described and identified by the National Cooperative Soil Survey:
AlluvialCornishCharles
FryeburgHadleyLimerick
LovewellMedomakOndawa
PodunkRumneySaco
SuncookSundayWinooski

Recreational Vehicle:

A vehicle or vehicular attachment designed for temporary sleeping or living quarters for one or more persons, which may include a pick-up camper, travel trailer, tent trailer, camp trailer, and motor home. In order to be considered as a vehicle and not as a structure, the unit must remain with its tires on the ground, and must be road worthy (i.e., possess a current registration sticker from any state Division of Motor Vehicles).

Replacement System:

A system intended to replace: (1) an existing subsurface sewage system which is either malfunctioning or being upgraded with no significant change of design flow or use of the structure it serves or (2) any existing overboard waste water discharge.

Residential Growth Permit:

A document required under the Limington Growth Ordinance (to which reference may be made for a more complete definition).

Residential Use:

Any land use which includes a dwelling unit.

Restaurant:

An establishment where meals are prepared and served to the public for consumption for compensation.

Standard Restaurant: A business involving the preparation and serving of meals for consumption on the premises, requiring moderate amounts of time between the period of ordering and serving of the food.

Fast Food Restaurant: A business involving the preparation and serving of meals for consumption on the premises or off the premises, normally requiring short amounts of time between the period of ordering and serving of the food, which is served in edible or disposable containers.

Drive-In Restaurant: A business involving the preparation and serving of meals for consumption on the premises in a motor vehicle or off the premises, normally requiring short amounts of time between the period of ordering and serving of the food, which is served in edible or disposable containers.

Riprap:

Rocks, irregularly shaped, and at least six (6) inches in diameter, used for erosion control and soil stabilization, typically used on ground slopes of two (2) units horizontal to one (1) vertical or less.

River:

The Saco River or the Little Ossipee River.

Road:

Any public way, except a limited access highway fifty (50) feet or more in width, maintained and accepted by the public authority, or any private way with a minimum right-of-way width of thirty (30) feet and constructed to meet the private road definition contained in this Ordinance.

Satellite Receiving Dish:

An antenna designed to receive signals from satellites.

School:

Public and Private - including Parochial School:
An institution for education or instruction where any branch or branches of knowledge are imparted and which satisfies either of the following requirements:

A) the institution is not operated for a profit or a gainful business; or

B) the institution teaches courses of study which are sufficient to qualify attendance there as compliance with State compulsory education requirements.

Commercial School:

An institution which is commercial or profit-oriented. Examples are dancing, music, riding, correspondence, aquatic, driving or business schools.

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 service or upon a roadway right-of-way; and (b) the total length of the extension is less than one thousand (1000) 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 one thousand (1000) feet in length.

Setback:

The nearest horizontal distance from the normal high-water line or lot line to the nearest part of a structure, parking space or other regulated object or area. When the setback to be measured is between any regulated object or area and a road, the setback shall be twenty-five (25) feet less than the nearest horizontal distance between the regulated object or area and the centerline of the road.

Shoreland Zone:

The land area located within two hundred and fifty (250) feet horizontal distance of the normal high-water line of any great pond or river; within two hundred and fifty (250) feet of the upland edge of a wetland; or within seventy-five (75) feet of the normal high-water line of a stream.

Sign:

A display surface, fabric or device containing organized and related elements (letters, pictures, products, or sculptures) composed to form a single unit, designed to convey information visually and which is exposed to public view. In cases where matter is displayed in a random or unconnected manner without an organized relationship, each such component shall constitute a sign.

Stream:

A perennial stream, depicted as a solid blue line 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.

Street:

An existing state, county, or town way; a street dedicated for public use and shown upon a plan approved by the Planning Board and recorded in the York County Registry of Deeds; or a street dedicated for public use and shown on a plan recorded in the York County Registry of Deeds prior to the establishment of the Planning Board. The term "street" shall not include those ways which have been discontinued or abandoned.

Structure:

Anything constructed or erected, the use of which requires a fixed location on or in the ground, or an attachment to something having a fixed location on the ground, including buildings, commercial park rides and games, satellite receiving dishes, carports, decks, and other building features, but not including signs, sidewalks, fences, patios, driveways, and parking lots.

Subdivision:

A division of land as defined in Title 30-A, Section 4401 of the Maine Revised Statutes Annotated. Without limiting or expanding the foregoing, a subdivision is, in general terms, the division of a lot of land into three or more lots, or the creation of three or more dwelling units on a lot of land, within a single five year period.

Substantial Expansion:

Floor space increase of 25% or new materials or processes not normally associated with the existing use.

Substantial Start:

Completion of thirty (30) percent of a permitted structure or use measured as a percentage of estimated total cost.

Subsurface Sewage Disposal System:

A collection of treatment tank(s), disposal area(s), holding tank(s), and pond(s), surface spray system(s), cesspool(s), well(s), surface ditch(es), alternative toilet(s), or other devices and associated piping, designed to function as a unit for the purpose of disposing of waste or waste water beneath the surface of the earth. The term shall not include any waste water discharge system licensed under 38 M.R.S.A. 414, any surface waste water disposal system licensed under 38 M.R.S.A. 413(1)(A) or any public sewer. The term shall not include a waste water disposal system designed to treat waste water which is, in whole or in part, hazardous waste as defined in 38 M.R.S.A., ch. 13, subchapter 1.

Sustained Slope:

A change in elevation where the referenced percent grade, measured at two-foot contour intervals, is maintained or exceeded throughout the measured area.

Tag Sale:   See Yard Sale.

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 construction approved under this Ordinance.

Trailer, Utility:

A vehicle without motive power, designed to be towed by a passenger automobile but not designed for human occupancy and which may include a utility trailer, boat trailer, horse trailer, or snowmobile trailer.

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 water-borne deposits on exposed soil, parent material or bedrock; and which flows to a water body or wetland, as defined in this Ordinance. This definition does not include the term "stream," as defined elsewhere in this Ordinance, and only applies to that portion of the tributary stream located within the shoreland zone of the receiving water body or wetland.

Undue Hardship:

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.

Upland Edge:

The boundary between upland and wetland.

Used Merchandise Sales:

The outdoor sale of used articles, conducted for more than five consecutive days or for more than two weekends per year. Used Merchandise Sales include flea markets.

Variance:

A variance is a relaxation of the terms of this ordinance. Variances permissible under this ordinance are limited to dimensional and area requirements. No variance shall be granted for the establishment of any use otherwise prohibited, nor shall a variance be granted exclusively because of the presence of nonconformities in the immediate or adjacent areas.

Vegetation:

All live trees, shrubs, ground cover, and other plants, including without limitation, trees both over and under 4 inches in diameter, measured at 4 1/2 feet above ground level.

Vehicle Sales:

Any business which involves a parking or display area for the sale of new or used cars, trucks, motorcycles, campers, farm equipment, recreational vehicles, mobile homes, or similar products.

Volume of a Structure:

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.

Water Body:

Any great pond, river or stream.

Water Crossings:

Any project extending from one bank to the opposite bank of a river or stream, whether under, through or over the water course. 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.

Wetland:

Swamps, marshes, bogs, and similar areas which are:

1.   Of ten or more contiguous acres; or of less than ten 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 ten acres; and

2.   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. Wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.

Wetland Associated with Great Ponds and Rivers:

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

Wetland Soils:

The following soils, as described and identified in the Soil Survey of the County:
Biddeford mucky peatSulfihemists, frequently flooded
Chocorua peatVassalboro peat
Sebago peatVassalboro peat, ponded
SacoWaskish peat

Yard:

The area between a structure and the property boundary.

Yard Sale:

All general sales, open to the public, conducted from or on residential premises for the purpose of disposing of personal property. Yard sales shall not be considered to be "used merchandise sales" as defined in this ordinance and shall not require a permit from the Code Enforcement Officer.

Year:

Any period of twelve consecutive calendar months.

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