A.
In the interpretation and enforcement of this chapter,
all words other than those specifically defined in the chapter shall
have the meaning implied by their context in the chapter or their
ordinarily accepted meaning. In the case of any difference of meaning
or implication between the text of this chapter and any map, illustration
or table, the text shall control.
B.
The word "person" includes firm, association, organization,
partnership, company or corporation, as well as an individual or any
other legal entity.
C.
The present tense includes the future tense, the singular
number includes the plural, and the plural number includes the singular.
D.
The words "shall" and "will" are mandatory, the word
"may" is permissive.
E.
The word "lot" includes the words "plot" and "parcel."
F.
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."
G.
The word "town" or "municipality" means the Town of
Topsham, Maine.
[Amended 5-20-1992 ATM, Arts. 14, 18, 24; 6-1-1993 STM, Arts.
22, 24; 5-18-1994 STM, Art. 19; 5-21-1997 STM, Art. 30; 11-18-1997 STM, Art. 8A; 5-20-1998 STM, Art. 33; 5-19-1999 STM, Art. 13]
In this chapter, the following terms shall have
the following meanings:
A self-contained dwelling unit located within, attached to
or detached from a single-family dwelling unit located on the same
parcel of land.
[Added 5-30-2023 STM by Art. 12]
A use or structure which is customarily 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 facility for outpatient detoxification and treatment of
narcotic dependent persons which administers or dispenses drugs used
to alleviate adverse physiological or psychological effects incident
to withdrawal from continuous or sustained use of a narcotic drug,
including but not limited to clinics that dispense methadone in such
a treatment regimen.
[Added 2-16-2011 STM, Art. 5]
Those businesses 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. "Specified sexual activities" include: the exposure
of human genitals in a state of sexual stimulation or arousal; acts
of human masturbation, sexual intercourse or sodomy; fondling or other
erotic touching of human genitals, vaginal area, pubic region, buttocks
or female breasts; live nude exhibition.
[Added 5-24-2006 STM, Art. 16; amended 5-30-2023 STM by Art. 11]
For rental housing, a development in which a household whose
income does not exceed 80% of the median income for the area as defined
by the United States Department of Housing and Urban Development under
the United States Housing Act of 1937, Public Law 75-412, 50 Stat.888,
Section 8, as amended, can afford a majority of the units that the
developer designates as affordable without spending more than 30%
of the household's monthly income on housing costs; and
For owner housing, a development in which a household whose
income does not exceed 120% of the median income for the area as defined
by the United States Department of Housing and Urban Development under
the United States Housing Act of 1937, Public Law 75-412, 50 Stat.888,
Section 8, as amended, can afford a majority of the units that the
developer designates as affordable without spending more than 30%
of the household's monthly income on housing costs.
For purposes of this definition, "majority" means more than
half.
For the purposes of this definition, "housing costs" means:
For a rental unit, the cost of rent and any utilities (electric,
heat, water, sewer, and/or trash) that the household pays separately
from the rent; and
For an ownership unit, the cost of mortgage principal and interest,
real estate taxes (including assessments), private mortgage insurance,
homeowner's insurance, condominium fees, and homeowner's
association fees.
An owner of land whose property is directly or indirectly affected by the granting or denial of a permit or variance under: Chapter 225, Zoning; Chapter 85, Blasting; Chapter 175, Site Plan Review; Chapter 191, Subdivision Review; 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.
[Added 5-14-2014 STM, Art. 12]
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
ornamental and greenhouse products. Agriculture does not include forest
management and timber harvesting activities.
[Amended 11-13-2008 STM, Art. 7]
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.
Any private, commercial premises which are maintained or
operated primarily for the amusement, patronage or recreation of the
public, containing four or more table sports, pinball machines, video
games or similar mechanical or electronic games, whether activated
by coins, tokens or discs, or whether activated through remote control
by the management.
An outdoor commercial facility, which may include structures
and buildings, where there are various devices for entertainment,
including rides, booths for conduct of games or sale of items and
buildings for shows and entertainment.
[Added 5-20-2009 STM, Art. 15]
The keeping of any domesticated animals other than customary
household pets.
Shall refer to those changes in historic properties or landmarks
or buildings, structures or sites within an historic overlay zone
which are not incongruous with what is historically and architecturally
significant as determined by the Commission.
A vapor recovery system that has demonstrated 95% by weight
or greater Volatile Organic Compound (VOC) control efficiency by a)
being a California Air Resources Board (CARB) certified system; b)
being tested and approved using CARB's recognized testing method;
c) meeting the requirements of equivalent testing procedures and methods
approved by the Maine Department of Environmental Protection and the
United States Environmental Protection Agency.
The growing or propagation of harvestable freshwater, estuarine
or marine plant or animal species.
The land in the floodplain having a one-percent or greater chance of flooding in any given year, as specifically identified in the flood insurance studies cited in § 225-25 of this chapter.
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.
The use of any building, land area or other premise for the
display or sale of new or used automobiles, including but not limited
to light trucks or vans, trailers or recreation vehicles, and boats.
[Added 5-17-2000 STM, Art. 15; amended 5-24-2007 STM, Art.
15]
The average per-acre assessed value of single-family residential
land values within the Town of Topsham. The Tax Assessor calculates
the average value per acre.
[Added 7-2-2020 STM,
Art. 11]
The area of cross section of a tree stem at 4 1/2 feet
above ground level and inclusive of bark.
[Added 11-13-2008 STM, Art. 7]
The flood having a one-percent chance of being equaled or
exceeded in any given year, alternately referred to as the one-hundred-year
flood.
The enclosed area underneath a structure, typically having
a concrete floor, and the walls of which are usually part of the structure's
foundation. The clear height up to the joists supporting the floor
directly above is three feet or greater.
A business engaged in the on-site preparation of ready-mix
concrete and bituminous concrete conveyed for use off-site.
[Added 5-20-2009 STM, Art. 15]
A single-family dwelling, built prior to 1940, in which lodging
or lodging and breakfast are offered to the general public for compensation,
offering no more than three bedrooms for lodging purposes.
Any residential structure where lodging and/or meals are
provided for compensation for a period of at least one week, and where
a family residing in the building acts as proprietor or owner. There
shall be no provisions for cooking in any individual guest room.
The Appeals Board established pursuant to § 225-68 of this Code.
[Added 5-14-2014 STM, Art. 12]
A nonresidential structure designed for the purpose of protecting
or storing boats for noncommercial purposes.
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.
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 to
the bottle club and/or for setups. Bottle clubs are amusement facilities.
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons, animals or personal property.
The vertical distance measured between the average finished
grade of the ground at the front of the building to the highest point
of a flat roof, to the deck of a mansard roof or to the mean height
between eaves and ridges of a gable, hip, or gambrel roof, not to
include chimneys, spires, towers or similar accessory roof structures.
[Amended 5-21-2003 STM, Art. 12; 5-17-2017 STM, Art. 11]
State of Maine Department of Conservation's Bureau of Forestry.
[Added 11-13-2008 STM, Art. 7]
Any premises established for overnight use for the purpose
of temporary camping and for which a fee is charged.
The more or less continuous cover formed by tree crowns in
a wooded area.
[Added 11-13-2008 STM, Art. 7]
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including columbariums, crematories,
mausoleums and mortuaries when operated in conjunction with and within
the boundaries of such cemetery.
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.
A structure used to conduct religious services of a legally
established and recognized church and where persons regularly assemble
for religious worship.
Any voluntary association of persons organized for social,
religious, benevolent, recreational, literary, scientific or political
purposes, whose facilities, especially a clubhouse, are open to members
and not the general public; and not generally engaged in activities
customarily carried on by a business or for pecuniary gain. Such term
shall include fraternities, sororities and social clubs generally.
A development by a single developer for residential, commercial, industrial (or any combination of the above) purposes, which is undertaken in a manner that treats the developed area as an entity to promote use of land, including the creation of common open space, a reduction in the size of road and utility systems and the retention of the natural characteristics of the land. Cluster development may not be used, however, to increase the overall density of development permitted in any zoning district. Cluster development shall include the term "planned unit development" and shall be laid out in accordance with the relevant provisions of this chapter and Chapter 191, Subdivision of Land.
All tidal and subtidal lands; all lands with vegetation present
that is tolerant of salt water and occurs primarily in a salt water
or estuarine habitat; and any swamp, marsh, bog, beach, flat or other
contiguous low land that is subject to tidal action during the highest
tide level for the year in which an activity is proposed as identified
in tide tables published by the National Ocean Service. Coastal wetlands
may include portions of coastal sand dunes.
[Amended 11-13-2008 STM, Art. 7]
A person appointed by the municipal officers to administer
and enforce this chapter. Reference to the Code Enforcement Officer
may be construed to include Building Inspector, Plumbing Inspector,
Electrical Inspector and the like, where applicable.
A facility that has the capacity to generate more than one
megawatt of electricity as part of or in conjunction with another
principal use either for use on the premises or for sale. Facilities
with a capacity of less than a megawatt are considered an accessory
use to the principal use not the co-generation of power.
[Added 5-24-2007 STM, Art. 15]
Any commercial enterprise, which receives a fee in return
for the provision of some recreational activity, including but not
limited to racquet clubs and health facilities, but not including
amusement facilities and amusement parks, as defined herein.
[Added 5-20-2009 STM, Art. 15]
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 of residential buildings and/or dwelling
units.
A business engaged in the manufacturing of concrete products.
Concrete preparation is an accessory use to the on-site primary use
of concrete product manufacturing.
[Added 5-20-2009 STM, Art. 15]
A type of living accommodation, including multiple individual
rooms or dwelling units, to be occupied by elderly persons as a residential
living environment. Such a facility may include individual dwelling
units and/or individual rooms combined with shared community space,
dining facilities, housekeeping services, personal care and assistance,
transportation and specialized services, such as medical support services
and physical therapy.
A use permitted only after review and approval by the Board
of Appeals or Planning Board. 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 chapter
are met.
A permit authorized by the Board of Appeals or Planning Board
for a conditional use. A conditional use permit may be issued only
after the applicant has followed the procedures of this chapter.
Includes built, erected, altered, reconstructed, moved upon
or any physical operations on the premises which are required for
construction. Excavation, fill, paving, drainage and the like shall
be considered a part of construction.
A building or structure that contributes to the historic
and/or architectural character of a designated Historic Overlay District
or an area being considered for inclusion in an Historic Overlay District
that was identified in the Topsham 2010 Historic Resource Survey as
a contributing property or that is identified as a contributing property
in a subsequent historic resource survey conducted by or on behalf
of the Town of Topsham or Maine State Historic Preservation Commission.
[Added 5-16-2012 STM, Art. 9]
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 11-13-2008 STM, Art. 7]
A house or other place in which a person, or combinations
of persons, maintains or otherwise carries out a regular program,
for consideration, for any part of a day providing care and protection
for three or more children under the age of 16.
The diameter of a standing tree measured 4.5 feet from ground
level.
[Added 11-13-2008 STM, Art. 7]
Repainting; removing or replacing trim, railings or other
nonstructural architectural details; or the addition, removal or change
of location of windows and doors.
A conservation organization which has a formal agreement
with the Town of Topsham to carry out vernal pool conservation in
accordance with the provisions of the Vernal Pool Overlay District
and the Town of Topsham Vernal Pools Special Area Management Plan
(SAMP) and the conservation priorities of the SAMP.
[Added 5-18-2016 STM,
Art. 14]
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 11-13-2008 STM, Art. 7]
Numerical standards relating to spatial relationships, including
but not limited to setback, lot area, shore frontage and height.
Any disability, infirmity, malformation, disfigurement, congenital
defect or mental condition caused by bodily injury, accident, disease,
birth defect, environmental conditions or illness; and also includes
the physical or mental condition of a person which constitutes a substantial
handicap as determined by a physician, or in the case of mental handicap,
by a psychiatrist or psychologist, as well as any other health or
sensory impairment which requires special education, vocational rehabilitation
or related services.
[Added 11-13-2008 STM, Art. 7]
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 11-13-2008 STM, Art. 7]
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.
All land areas that are stripped, graded, grubbed, filled,
or excavated at any time during the site preparation or removing vegetation
for, or construction of, a project.
"Disturbed area" does not include routine maintenance, but
does include redevelopment and new impervious areas. "Routine maintenance"
is maintenance performed to maintain the original line and grade,
hydraulic capacity, and original purpose of the facility. Paving impervious
gravel surfaces while maintaining the original line and grade, hydraulic
capacity and original purpose of the facility is considered routine
maintenance. Cutting of trees, without grubbing, stump removal, disturbance
or exposure of soil is not considered "disturbed area."
A disturbed area continues to be considered as disturbed
area if it meets the definition of "developed area" or "impervious
area" following final stabilization.
[Added 5-17-2017 STM,
Art. 13]
A vehicular accessway less than five hundred (500) feet in
length serving two single-family dwellings or one two-family dwelling,
or less.
[Amended 11-13-2008 STM, Art. 7]
Any building or structure or portion thereof designed or
used for residential purposes.
SINGLE-FAMILY DWELLINGA building containing only one dwelling unit for occupation by not more than one family.
[Amended 5-18-2016 STM, Art. 10]
TWO-FAMILY DWELLINGA building containing only two dwelling units for occupation by not more than two families.
MULTIFAMILY DWELLINGA building containing three or more dwelling units, such building being designed exclusively for residential use and occupancy by three or more families living independently of one another, with the number of families not exceeding the number of dwelling units.
A room or suite of rooms designed and equipped exclusively
for use by one family as a habitation and which contains independent
living, cooking, sleeping, bathing and sanitary facilities. The term
includes accessory dwelling units and manufactured housing, but not
recreational vehicles.
[Amended 5-30-2023 STM by Art. 12]
Housing intended for, and restricted to, individuals 55 years
of age or older, or couples where at least one member is 55 years
of age or older.
[Added 5-24-2006 STM, Art. 14]
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.
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.
A nonresidential building that was used for an agricultural
use or for animal husbandry or in conjunction with an agricultural
activity prior to April 1, 2007.
[Added 1-23-2008 STM, Art. 3]
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.
[Added 11-13-2008 STM, Art. 7[2]]
The addition of one or more months to a use's operating season;
or the use of more floor area or ground area devoted to a particular
use.
[Added 11-13-2008 STM, Art. 7]
As pertains to historic properties or landmarks or to property
located within an historic overlay zone, means any portion of the
outside of such properties which can be seen from a public way.
The architectural style, general design and general arrangement
of the exterior of a building or structure, including the kind and
texture of the building material and the type and style of all windows,
doors and light fixtures. In the case of outdoor signs, "exterior
features" shall be construed to mean the style, material, size, location
and number of all such signs.
Any operation engaged in the removal of more than 50 cubic
yards, in a twelve-month period, of topsoil, sand, gravel, clay, rock,
peat or other like material from its natural location and for transportation
off a lot within any twelve-month period, except as may be exempted
within the extractive industry performance standards in this chapter.
One or more persons occupying a premises and living as a
single housekeeping unit.
Depositing or dumping any matter on or into the ground or
water.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazard and the
risk premium zones applicable to the Town of Topsham.
The lands adjacent to a body of water which have been or
may be covered by the regional floods.
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.
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.
The maximum amount of total floor area within a building
in proportion to the amount of lot area. A floor area ratio of 1.0
allows for one square foot of floor area for each square foot of lot
area.
An establishment in which food is processed or otherwise
prepared for eventual consumption, but not intended to be consumed
on the premises, other than on an incidental basis.
[Added 5-15-2013 STM, Art. 14]
A freshwater wetland dominated by woody vegetation that is
six (6) meters tall [approximately twenty (20) feet] or taller.
[Added 11-13-2008 STM, Art. 7]
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 other than necessary
for forest management purposes and does not include the clearing of
land for development.
A contiguous group of trees sufficiently uniform in age,
class distribution, composition, and structure and growing on a site
of sufficiently uniform quality to be a distinguishable unit.
[Added 11-13-2008 STM, Art. 7]
The supporting substructure of a building or other structure,
excluding wooden sills and post supports, but including basements,
slabs, frostwalls, or other base consisting of concrete, block, brick
or similar material.
[Amended 11-13-2008 STM, Art. 7]
Freshwater swamps, marshes, bogs and similar
areas, excluding forested wetlands, which are:
[Amended 5-17-2000 STM, Art. 15]
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 water or groundwater
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 wetlands may contain small stream
channels or inclusions of land that do not conform to the criteria
of this definition.
The horizontal distance, measured in a straight line, between
the intersections of the side lot lines with the road right-of-way.
Corner lots may include continuous frontage along adjoining streets.
When located on a cul-de-sac, the frontage shall be the distance from
sideline to sideline, measured at the front setback line.
[Added 5-20-2004 STM, Art. 18]
The horizontal distance, measured in a straight line, between
the intersections of the lot lines with the shoreline at normal high-water
elevation.
Those uses that require, for their primary purpose, location
on submerged lands or that require direct access to, or location in,
coastal and 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, finfish and shellfish processing,
fish storage and retail and wholesale fish marketing facilities, waterfront
dock and port facilities, shipyards and boat building facilities,
marinas, navigation aides, basins and channels, industrial uses dependent
upon waterborne transportation or requiring large volumes of cooling
or processing water and which cannot reasonably be located or operated
at an inland site and uses which primarily provide general public
access to marine or tidal waters.
Any site where gasoline is transferred from a stationary
storage tank to a motor vehicle fuel tank used to provide fuel to
the engine of that motor vehicle.
[Added 5-20-2004 STM, Art. 17]
Any business establishment engaged in the retail sale of
gasoline.
A regulation or executive (par 3) size facility for the playing
of golf, including accessory facilities, such as, but not limited
to, maintenance and operational buildings, structures and facilities.
A golf course may include a clubhouse, which shall be compatible with
the rural character of the district and use, designed and intended
for golfers.
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.
Any great pond classified GPA, pursuant to 38 M.R.S.A. § 465-A.
This classification includes some, but not all, impoundments of rivers
that are defined as great ponds.
Small plants, fallen leaves, needles and twigs, and the partially
decayed organic matter of the forest floor.
[Added 11-13-2008 STM, Art. 7]
The area where timber harvesting and related activities,
including the cutting of trees, skidding, yarding, and associated
road construction take place. The area affected by a harvest encompasses
the area within the outer boundaries of these activities, excepting
unharvested areas greater than 10 acres within the area affected by
a harvest.
[Added 11-13-2008 STM, Art. 7]
A truck or truck tractor-semi trailer combination with three
or more axles.
[Added 1-23-2008 STM, Art. 3]
Any easement, restriction, covenant or condition which is
designed to preserve, maintain or enhance all or part of the existing
state of places of historical, architectural, archaeological or cultural
significance.
Any site (including significant landscape features), building
or structure of particular historic or aesthetic significance to the
town, state or nation. Landmarks may include sites, buildings, structures
or objects where cultural, political, spiritual, economic, social
or artistic history of the town, state or nation is reflected or exemplified;
or which are identified or associated with the lives of persons significant
in our past; or important events in local, state or national history;
or which embody the distinguishing characteristics of an architectural
specimen inherently valuable for representation, or a notable work
of construction or a notable work of a master designer or architect;
or have yielded, or may be likely to yield, information important
in prehistory or history.
Any building, structure, area or site that is significant
in the history, architecture, archaeology or culture of the town,
state or nation.
An occupation or profession which is carried on in a dwelling
unit or structure accessory to a dwelling unit and which is clearly
incidental and secondary to the use of the dwelling for residential
purposes and which does not change the character thereof. The term
"home occupation" shall include both professional and personal services.
An institution providing, but not limited to, overnight health
services, primarily for inpatients, and medical or surgical care for
the sick or injured, including as an integral part of the institution
such related facilities as laboratories, outpatient departments, training
facilities, central service facilities and staff offices.
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 or an interior courtyard. The hotel may contain such accessory
services and facilities for the benefit of its guests, and only incidentally
for the general public, as newsstands, personal grooming facilities
and restaurants.
[Amended 5-24-2007 STM, Art. 15]
The total area of a parcel that consists of buildings and
associated constructed facilities or areas that will be covered with
a low-permeability material, such as asphalt or concrete, and areas
such as gravel roads and unpaved parking areas that will be compacted
through design or use to reduce their permeability. Common impervious
areas include, but are not limited to, rooftops, walkways, patios,
driveways, parking lots or storage areas, concrete or asphalt paving,
gravel roads, packed earthen materials, and macadam or other surfaces
which similarly impede the natural infiltration of stormwater. A natural
or man-made water body is not considered an impervious area, but is
treated as an immediate runoff surface in curve number calculations.
[Added 5-17-2017 STM,
Art. 13]
Any change in a structure or property which causes further
deviation from the dimensional standard(s) creating the nonconformity,
such as, but not limited to, reduction in water body, tributary stream
or wetland setback distance, increase in lot coverage, or increase
in height of a structure. Property changes or structure expansions
which either meet the dimensional standard or which cause no further
increase in the linear extent of nonconformance of the existing structure
shall not be considered to increase nonconformity. For example, there
is no increase in nonconformity with the setback requirement for water
bodies, wetlands, or tributary streams if the expansion extends no
further into the required setback area than does any portion of the
existing nonconforming structure. Hence, a structure may be expanded
laterally, provided that the expansion extends no closer to the water
body, tributary stream, or wetland than the closest portion of the
existing structure from that water body, tributary stream, or wetland.
Included in this allowance are expansions which in-fill irregularly
shaped structures.
[Added 11-13-2008 STM, Art. 7]
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.
The assembling, fabrication, finishing, manufacturing, packaging
or processing of goods or the extraction of minerals.
A building, which contains a dwelling unit occupied by an
owner or resident manager, in which lodging or lodging and meals are
offered to the general public for compensation, offering no more than
10 bedrooms for lodging purposes, in which the entrances and exits
to or from these rooms are made through a lobby or other common room.
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 11-13-2008 STM, Art. 7]
A yard, field or other area used as place of
storage for:
Discarded, worn-out or junked plumbing, heating
supplies, household appliances and furniture.
Discarded scrap and junked lumber.
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 nonferrous material.
Garbage dumps, waste dumps and sanitary fills.
Any place, building, tract of land, abode, enclosure or vehicle
where three or more dogs or three or more cats, owned singly or jointly,
are kept for commercial purposes, including but not limited to breeding,
hunting, show, field trials or exhibition, or where one or more dogs
or other pets are kept for their owners in return for a fee. This
definition shall not apply to dogs or cats under the age of four months.
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, ecosystems, other systems
and products and devices.
A route or track consisting of a bed of exposed mineral soil,
gravel, or other surfacing materials constructed for, or created by,
the passage of motorized vehicles and used primarily for timber harvesting
and related activities, including associated log yards, but not including
skid trails or skid roads.
[Added 11-13-2008 STM, Art. 7]
See "floor area ratio," but this applies as a minimum requirement.
A forester licensed under 32 M.R.S.A. Chapter 76.
[Added 11-13-2008 STM, Art. 7]
A parcel of land occupied or capable of being occupied by
one or more buildings and the accessory buildings or uses customarily
incidental to them, including such open spaces as are required by
this chapter, and having frontage upon a public street, right-of-way
or private way and otherwise meets all dimensional requirements of
this chapter.
The total horizontal area within the lot lines.
A lot with at least two contiguous sides abutting upon a
street or right-of-way.
The percentage of the lot covered by all buildings.
Any lot other than a corner lot.
The lines bounding a lot as defined below:
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.
SIDE LOT LINESAny lot line other than the front lot line or rear lot line.
A parcel of land, a legal description of which or the dimensions
of which are recorded on a document or map on file in the Sagadahoc
County Registry of Deeds.
Any interior lot having frontages on two more or less parallel
streets or rights-of-way or between a street and a body of water,
or a right-of-way and a body of water, or between two bodies of water,
as distinguished from a corner lot. All sides of through lots adjacent
to streets, rights-of-way and bodies of water shall be considered
frontage, and front yards shall be provided as required.
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.
[Amended 11-13-2008 STM, Art. 7]
A set of site development strategies that are designed to
mimic natural hydrologic function by reducing stormwater runoff and
increasing groundwater recharge and pollutant treatment. The strategies
may include those set forth in the DEP Stormwater Manual, Volume III-BMPs
Technical Design Manual, and/or any other LID strategies adopted by
the Topsham Planning Board.
[Added 5-17-2017 STM,
Art. 13]
A structural unit or units designed for residential occupancy
and constructed in a manufacturing facility and transported, by the
use of its own chassis or an independent chassis, to a building site.
This term includes both newer mobile homes and modular homes.
[Added 5-19-2010 STM, Art. 12]
A newer mobile home or a modular home that when installed
on a lot or mobile home park site contains one (1) dwelling unit.
[Amended 5-19-2010 STM, Art. 12]
A use engaged in the basic processing and manufacturing of
materials or products predominantly from extracted or raw materials,
or a use engaged in storage of or large-scale manufacturing processes
using flammable or explosive materials, or storage or manufacturing
processes that potentially involve hazardous conditions. The following
uses are not permitted: chemical manufacturing, commercial tannery,
explosive manufacturing, military installation rendering, petroleum
refinery, slaughterhouse, storage of hazardous and biomedical waste
and nuclear power.
[Amended 5-17-2000 STM, Art. 15]
A use engaged in the production of products or parts, including
processing, fabrication, assembly, treatment, packaging, incidental
storage, sales and distribution of products, including, but not limited
to, biotechnology, medical technology, composite materials, precision
manufacturing, and other similar businesses, which must operate within
the minimum performance standards of this chapter and is compatible
in scale to other uses in the zone.
[Amended 9-25-2013 STM, Art. 5]
A marijuana cultivation facility, a marijuana products manufacturing
facility, a marijuana testing facility, or a registered caregiver
retail store.
[Added 5-15-2019 STM, Art. 22]
A facility licensed to cultivate, prepare and package adult
use and/or medical marijuana and to sell adult use and medical marijuana
to marijuana manufacturing facilities, marijuana stores, and other
cultivation facilities. A marijuana cultivation facility is not authorized
as an accessory use, and only where expressly allowed as a permitted
use.
[Added 5-15-2019 STM, Art. 22]
A facility licensed to purchase adult use and/or medical
marijuana from a marijuana cultivation facility or another marijuana
products manufacturing facility; to manufacture, label and package
adult use and/or medical marijuana products; and to sell adult use
and/ or medical marijuana products to other marijuana products manufacturing
facilities and to marijuana stores. A marijuana products manufacturing
facility is not authorized as an accessory use, and only where expressly
allowed as a permitted use.
[Added 5-15-2019 STM, Art. 22]
A medical marijuana testing facility or adult use marijuana
testing facility, as described within this definition. A marijuana
testing facility is not authorized as an accessory use, and only where
expressly allowed as a permitted use:
[Added 5-15-2019 STM, Art. 22]
ADULT USE MARIJUANA TESTING FACILITYA facility licensed under Chapter 150 of the Topsham Code to develop, research and test adult use marijuana, marijuana products and other substances.
MEDICAL MARIJUANA TESTING FACILITYA public or private laboratory that:
Is authorized in accordance with 22 M.R.S.A. § 2423-A,
Subsection 10, to analyze contaminants in and the potency and cannabinoid
profile of samples; and
Is accredited pursuant to standard ISO/IEC 17025 of the International
Organization for Standardization by a 3rd-party accrediting body or
is certified, registered or accredited by an organization approved
by the State of Maine.
A shorefront commercial facility with provisions for one
or more of the following: boat storage, boat launching or the sale
of supplies and services for watercraft and their equipment and accessories.
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.
A building designed and/or used for the diagnosis and treatment
of human patients that does not include overnight care facilities.[3]
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 11-13-2008 STM, Art. 7]
The lot area, less the area of any land which is part of
a right-of-way for a thoroughfare or easement, such as, but not limited
to, surface drainage easements or traveled rights-of-way (but not
including utility easement servicing that lot), which is subject to
tidal action or which is covered with water for at least three months
per year.
A single structure with residential and professional/commercial
uses.
[Added 5-20-2009 STM, Art. 15]
Food service establishments in mobile units, either towed
or self-propelled registered vehicles, preparing and serving food
products on a particular site, open to the general public.
[Added 5-14-2014 STM, Art. 10]
A manufactured housing unit constructed prior to June 15,
1976.
A plot of land under unified ownership approved by the Town
for the placement of three or more manufactured housing units.
[Amended 5-19-2010 STM, Art. 12]
An area of land on which an individual home is situated within
a mobile home park and which is reserved for use by the occupants
of that home and which is designated on a mobile home park plan approved
by the town.
Manufactured housing that the manufacturer certifies is constructed
in compliance with Title 10 M.R.S.A. Chapter 951, and rules adopted
under that chapter, meaning a structure, transportable in one or more
sections, that is not constructed on a permanent chassis and is designed
to be used as a dwelling on a permanent foundation when connected
to required utilities, including the plumbing, heating, air-conditioning
or electrical systems contained in the unit.
[Added 5-19-2010 STM, Art. 12]
Any business establishment engaged in general repair, engine
rebuilding or parts replacement. This use does not include the sales
of gasoline.
Any authority, agency or unit of local government or school
district.
[Added 5-15-2019 STM, Art. 9]
Indigenous to the local forests.
[Added 11-13-2008 STM, Art. 7]
A retail, service, or wholesale business that provides goods
or services that are primarily used by agricultural, animal husbandry,
forestry, or other natural resource activities but not including extractive
industries.
[Added 1-23-2008 STM, Art. 3]
A building placed in front of a larger building or land use
to screen the larger building and land use and create a pedestrian-scaled
street environment.
[Added 5-20-2009 STM, Art. 15]
A store with less than 3,000 square feet of retail floor space, not including storage, food preparation, or service areas, and not exceeding 4,000 square feet of total floor space, that is primarily intended to serve the convenience of a residential neighborhood or area of the community with such items as, but not limited to, basic foods, prepared foods, newspapers, fuel for motor vehicles, emergency home repair articles and other household items. A neighborhood grocery store does not include State Agency liquor sales. The sale of motor fuels accessory to a neighborhood grocery store does not constitute gasoline sales as a use, provided that the performance standards of § 225-60.16 are met.
[Amended 5-19-2010 STM, Art. 15]
The gross acreage available for development, excluding the
areas which are unsuitable for development including:
[Amended 5-16-2012 STM, Art. 11]
The area within mapped floodways as identified on the Flood
Insurance Rate Map (FIRM).
The area within a coastal wetland or freshwater wetland as defined
in 38 MRSA § 480-B and significant vernal pools subject
to the state Natural Resources Protection Act.
Contiguous areas of two acres or more with continuous slopes
in excess of thirty-five percent (35%).
Areas that are zoned "resource protection."
|
In determining the net residential acreage of a parcel, each
physical area of the site shall be deducted only once even if it is
more than one type of area (i.e., an area that is a freshwater wetland,
is within a floodway, and is zoned "resource protection" is deducted
from the gross area only one time).
|
The maximum number of dwelling units that can be developed
on a lot or parcel of land as determined by dividing the net residential
acreage of the lot or parcel by the minimum lot size requirement for
the district in which it is located.
[Amended 5-16-2012 STM, Art. 11]
Manufactured housing constructed after July 15, 1976, that
the manufacturer certifies is constructed in compliance with the United
States Department of Housing and Urban Development Standards, meaning
a structure transportable in one or more sections, that in traveling
mode is fourteen (14) body feet or more in width and has seven hundred
fifty (750) or more square feet of floor area, and that is built on
a permanent chassis and designed to be used as a dwelling with or
without being placed on a permanent foundation when connected to required
utilities, including the plumbing, heating, air-conditioning or electrical
systems contained in the unit. The term "newer mobile home" includes
manufactured housing that meets these requirements except for the
size requirements for which the manufacturer has voluntarily filed
a certification with the Secretary of the United States Department
of Housing and Urban Development and that complies with the standards
established under the National Manufactured Housing Construction and
Safety Standards Act of 1974, United States Code, Title 42, Section
401, et seq.
[Added 5-19-2010 STM, Art. 12]
Nonconforming lot, structure or use which is allowed solely
because it was in lawful existence at the time this ordinance or subsequent
amendment took effect.
[Added 11-13-2008 STM, Art. 7]
A lot shown on a recorded plan or deed which does not meet
the area, frontage, width or depth requirements of the zone in which
it is located.
A structure that does not meet any one or more of the following
dimensional requirements: setbacks, height and lot coverage. It is
allowed solely because it was in lawful existence at the time this
chapter or subsequent amendments took effect.
[Amended 5-18-2016 STM, Art. 10]
Use of land or structures that is not otherwise permitted,
but which is allowed to remain solely because it was in lawful existence
at the time this chapter or subsequent amendments took effect.
A building or structure that is located in a designated Historic
Overlay District or an area being considered for inclusion in an Historic
Overlay District that is not identified as a contributing property.
(See definition of "contributing property.")
[Added 5-16-2012 STM, Art. 9]
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.
[Added 11-13-2008 STM, Art. 7]
Along coastal or tidal waters, the elevations at which vegetation
changes from predominantly aquatic to predominantly terrestrial. By
way of illustration, coastal or tidal vegetation includes, but is
not limited to, salt marsh grass, salt meadow hay, black arrowgrass,
seaside lavender, silverweed, salt marsh bulbrush, seaside plantain,
orach, salt marsh sedge, salt marsh aster. In places where vegetation
is not present, the high-water mark shall be the identifiable debris
or water line left by nonstorm tidal action.
That line on the shores and banks of nontidal waters which
is apparent because of the contiguous different character of the soil
of the vegetation due to the prolonged action of the water. Relative
to vegetation, it is that line where the vegetation changes from predominantly
aquatic to predominantly terrestrial (by way of illustration, aquatic
vegetation includes, but is not limited to, the following plants and
plant groups: water lily, pond grasses; and terrestrial vegetation
includes, but is not limited to, the following plants and plant groups:
upland grasses, aster, lady slipper, wintergreen, partridge berry,
sarsaparilla, pines, cedars, oaks, ashes, alders, elms and maples).
In places where the shore or bank is of such character that the high-water
mark cannot be easily determined (rockslides, ledges, rapidly eroding
or slumping banks), the normal high-water mark shall be estimated
from places where it can be determined by the above method.
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.[4]
An area, exclusive of drives or aisles, for the parking of
vehicles.
Noncommercially operated recreation facilities open to the
general public, 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 and bathhouses, and the maintenance of such
land and facilities, but not including campgrounds, commercial recreation
and amusement centers as defined elsewhere in this chapter.
Vernal pool conservation carried out by an applicant for
a development approval or permit in accordance with the provisions
of the Vernal Pools Overlay District as an alternative to paying a
vernal pool mitigation fee.
[Added 5-18-2016 STM,
Art. 14; amended 5-17-2017 STM,
Art. 14]
An individual, corporation, governmental agency, municipality,
trust, estate, partnership, association, two or more individuals having
a joint or common interest or other legal entity.
PIERS, DOCKS, WHARVES AND USES PROJECTING INTO WATER BODIES
Land under unified control to be planned and developed as
a whole in a single development operation or a definitely programmed
series of development operations or phases, including shopping centers,
industrial parks and office/business parks. A planned development
includes principal and accessory structures and uses substantially
related to the character and purposes of the planned development.
A planned development is built according to general and detailed plans
that include not only streets, utilities, lots and building location
and the like, but also site plans for all buildings as are intended
to be located, constructed, used and related to each other and plans
for other uses and improvements on the land as related to the buildings.
[Added 5-17-2000 STM, Art. 15]
Land under unified control to be planned and developed as a coordinated, integrated mixed-use project in accordance with § 225-60.7.
[Amended 5-24-2007 STM, Art. 15]
Land under unified control to be planned and developed as
a whole in a single development operation or a definitely programmed
series of development operations or phases for housing developments,
including retirement communities, with all uses integrated and related
to each other. The nonrelated housing uses shall be related to the
proposed planned residential development. The planned residential
development must consist of at least 50 units of housing and at least
25 acres of land that is operated as a single community. A planned
residential development includes principal and accessory structures
and uses substantially related to the character and purposes of the
planned residential development. A planned residential development
is built according to general and detailed plans that include not
only streets, utilities, lots and building location and the like,
but also site plans for all buildings as are intended to be located,
constructed, used and related to each other and plans for other uses
and improvements on the land as related to the buildings.
[Amended 5-17-2000 STM, Art. 15]
See "body of water."
A school for children up to the age of six years.
The structure in which the principal use is conducted.
The primary use to which the structure is devoted and the
main purpose for which the structure exists. Such structure may contain
more than one use, only one of which shall be the principal use.
A private way meeting the Town's road construction standards for preparation, subbase and base (as specified in Chapter 191, Subdivision of Land). In order to be considered a road, for purposes of this chapter, the traveled surface need not be paved. To be considered a private road or way, it must serve two or more hopes or lots, and be located within a right of way 50' in width throughout its length.
[Added 5-20-2004 STM, Art. 18]
The place of business for doctors, lawyers, accountants,
architects, surveyors, real estate or insurance agents, psychiatrists,
psychologists, counselors and the like, but not including financial
institutions or personal services (such as hair dressers, beauticians,
masseuses, etc.).
Any sign which indicates direction to locations of hospitals
or similar emergency facilities.
Any facility, including, but not limited to, buildings, property,
recreation areas and roads, which are owned, leased or otherwise operated
or funded by a governmental body or public entity.
Any buildings, property, roads, driveway, parking, and the
like which are owned, leased or otherwise operated or funded by the
Brunswick Topsham Water District.
[Added 5-15-2019 STM, Art. 10]
A way in which the public has a right of access and includes
public streets and sidewalks.
[Added 5-16-2012 STM, Art. 9]
The following soil series as described and identified by
the National Cooperative Soil Survey:
|
Alluvial
|
Cornish
|
Charles
|
|
Fryeburg
|
Hadley
|
Limerick
|
|
Lovewell
|
Medomak
|
Ondawa
|
|
Podunk
|
Rumney
|
Saco
|
|
Suncook
|
Sunday
|
Winooski
|
A place designed and equipped for the conduct of sports,
leisure time activities and other customary and usual recreational
activities, excluding boat launching facilities.
A vehicle or vehicular attachment to a vehicle designed to
be towed, and 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, 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 registered
with the State Division of Motor Vehicles.
A facility operated by a single medical marijuana registered
caregiver and licensed to sell harvested marijuana to qualifying patients
for the patients' medical use and may include an area for consultation
with patients. A registered caregiver retail store is not authorized
as an accessory use, and only where expressly allowed as a permitted
use.
[Added 5-15-2019 STM by Art. 21]
An operation that processes animal parts and/or by-products
to create an end product.
A system intended to replace:
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 mobile homes and rental units that
contain cooking, sleeping, and toilet facilities regardless of the
time period rented. Recreational vehicles are not residential dwelling
units.
[Added 11-13-2008 STM, Art. 7]
The average of the basal area of trees remaining on a harvested
site.
[Added 11-13-2008 STM, Art. 7]
A stand of trees remaining in the forest following timber
harvesting and related activities.
[Added 11-13-2008 STM, Art. 7]
An establishment where meals are prepared and served to the
public for consumption on the premises entirely within a completely
enclosed building; and where no food or beverages are served directly
to occupants of motor vehicles or directly to pedestrian traffic from
an exterior service opening or counter, or any combination of the
foregoing; and where customers are not permitted or encouraged by
the design of the physical facilities, by advertising or by the servicing
or packaging procedures to take out food or beverage for consumption
outside the enclosed building.
An establishment that offers quick food service, which is
accomplished through a limited menu of items already prepared and
held for service or prepared, fried or griddled quickly or heated
in a device such as a microwave. Orders are not generally taken at
the customer's table, and food is generally served in disposable wrapping
or containers.
Any business engaged in sales and related services to the
ultimate consumer for direct consumption and/or use, and not for resale.
For purposes of this chapter, eating and drinking places, auto sales,
motor vehicle service/repair and gasoline sales are not considered
as a retail business and are defined separately.
[Amended 5-17-2000 STM, Art. 15]
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.
A free-flowing body of water, including its associated floodplain
wetlands from that point at which it provides drainage for a watershed
of 25 square miles to its mouth.
The portion of the Town designated as “Rural”
in the adopted Comprehensive Plan.
[Added 5-18-2016 STM,
Art. 14]
A low-impact nonresidential activity such as, but not limited to, lab/research facilities, light manufacturing, professional offices, service businesses, wholesale businesses, and warehousing, storage, and distribution that conforms to the performance standards of § 225-60.11.
[Added 1-23-2008 STM, Art. 3]
An operation that includes, but is not limited to, a mill
or machine for sawing or resawing logs or lumber with or without a
storage area or building for the raw materials, final product and
any by-product from the milling process.
PUBLIC AND PRIVATE SCHOOLS (including parochial schools)Institutions where education or instruction of any branch or branches of knowledge is imparted and which satisfies either of the following requirements:
COMMERCIAL SCHOOLSSchools or institutions which are commercial or profit-oriented. Examples thereof are dancing, music, riding, correspondence, aquatic schools, driving or business.
The sale of agricultural and horticultural products, excluding
animals, manure, equipment, bulk products and chemicals.
[Added 5-24-2006 STM, Art. 11]
A business that provides services to the public for compensation,
either on or off the premises. Uses include, but are not limited to,
beauty salons, building, electrical, plumbing and landscape contracting,
business and educational services, financial services, catering, cleaning
services, locksmith, photocopying, repair and restoration services,
bicycle repair shop, tailoring, typing and word processing. Motor
vehicle service and repair is not included and is defined separately.
[Amended 5-17-2000 STM, Art. 15]
Any utility line extension which does not cross or run beneath
any portion of a water body, provided that:
That portion of a lot which runs parallel to the lot boundaries,
the width of which is established by this chapter, and in which no
regulated improvements, including, but not limited to, building, structures
and parking shall be placed unless otherwise permitted by this chapter.
To determine if the improvements are in compliance with the above,
the distance at which any improvement is located from a property line
shall be measured as a horizontal distance from the property line
to the nearest part of the improvement.
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 11-13-2008 STM, Art. 7]
Any concentration of two or more retail stores or service
establishments under one ownership or management containing 10,000
square feet or more of gross floor space.
The length of a lot bordering on a water body or wetland
measured in a straight line between the intersections of the lot lines
with the shoreline.
[Added 11-13-2008 STM, Art. 7]
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 250 feet, horizontal distance, of the upland
edge of a coastal wetland, including all areas affected by tidal action;
within 250 feet of the upland edge of a freshwater wetland; or within
seventy-five (75) feet, horizontal distance, of the normal high-water
line of a stream.
[Amended 11-13-2008 STM, Art. 7]
The normal high-water line, or upland edge of a freshwater
or coastal wetland.
[Added 11-13-2008 STM, Art. 7]
An object, device or structure, visible from a public way,
or functionally visible from a neighboring property (visible and legible
from the property line at any point up to 6 feet above finished grade),
with a name, identification, description, display, notification or
illustration which is affixed to, painted or represented directly
or indirectly upon a building, structure, parcel or lot and which
relates to a commercial use located on the premises.
[Amended 5-16-2012 STM, Art. 10; 5-17-2017 STM, Art. 12]
The wall area exclusive of openings and architectural details.
[Added 5-16-2012 STM, Art. 10]
An on-premises sign attached to the underside of the soffit
or ceiling of an arcade or covered walkway.
[Added 5-16-2012 STM, Art. 10]
The space within a continuous perimeter of a geometric configuration,
which encloses the limits of the advertising message, illustration,
insignia, surface or a space of a similar nature, together with any
frame, color or other material which is an integral component of the
display and is used to differentiate such sign from a wall or other
background, and including supporting posts or brackets, unless the
supporting posts or brackets are less than 8 inches in width, or are
less than 20% of the area of the sign. Any area greater than 20% of
the sign area will be counted as sign area. The total area of a canopy
sign shall be the sum of the areas of the geometric configuration
surrounding the sign wording or message.
[Amended 5-16-2012 STM, Art. 10]
Any sign of lightweight fabric or similar material having
no permanent frame and which is mounted to a pole, building or other
object.
[Amended 5-16-2012 STM, Art. 10]
A wall sign indicating the tenants in a building.
[Added 5-16-2012 STM, Art. 10]
Any sign that is part of, or attached to, an awning, canopy
or other fabric, plastic or structural protective cover over a door,
window, entrance or outdoor service area.
[Amended 5-16-2012 STM, Art. 10]
An on-premises permanent sign which identifies an office
complex, industrial park, retail mall, multifamily dwelling or subdivision
development.
[Amended 5-16-2012 STM, Art. 10]
A sign at the major entrance to a commercial, business, retail,
multi-tenant or industrial park that identifies the occupants of the
park.
[Added 5-16-2012 STM, Art. 10]
An on-premises sign created, designed, manufactured or modified
in such a way that its message may be electronically, digitally, or
mechanically altered by the complete substitution or replacement of
one display by another on each side, as further defined and regulated
under 23 M.R.S.A. § 1914 (11-A).
[Added 5-16-2012 STM, Art. 10]
Any fabric or flexible material attached or designed to be
flown from a flagpole or similar structure.
[Added 5-16-2012 STM, Art. 10]
A sign used to display the per-gallon price of gasoline.
[Added 5-16-2012 STM, Art. 10]
A sign containing only the name and occupation of a permitted
home occupation.
[Added 5-16-2012 STM, Art. 10]
See 38 M.R.S.A. § 437.
Any landscape structure that is substantially above grade,
to include but not be limited to walls 3 feet or higher, retaining
walls, fences, and light poles.
[Added 5-16-2012 STM, Art. 9]
An on-premises sign commonly associated with, and not limited
to, information and directions necessary or convenient for visitors
coming on the property, including pedestrians and vehicles, marking
entrances and exits, parking areas, circulation direction, restrooms,
entrances, exits, pickup and delivery areas, or other similar site
feature.
[Added 5-16-2012 STM, Art. 10]
Any sign placed within a building, but not including window
signs as defined herein.
[Added 5-16-2012 STM, Art. 10]
A sign that is illuminated from a light source that is within
the sign.
[Added 5-16-2012 STM, Art. 10]
A permanent roof-like structure designed and constructed
to serve as a sign, utilizing manually changeable copy for the purpose
of advertising at a movie or other type of theater.
[Amended 5-16-2012 STM, Art. 10]
Permanent signs shall be constructed of durable material
of one-half-inch minimum thickness that will not deform (warp, bend,
etc.) under normal weather conditions. Materials under 1/2 inch in
thickness may be approved when supported by a fixed ridged frame designed
to prevent deformation of the sign panel.[5]
[Added 5-16-2012 STM, Art. 10]
A sign permanently affixed to the ground at its base, supported
entirely by a base structure, and not mounted on a pole.
[Added 5-16-2012 STM, Art. 10]
Any sign, or part of a sign, that changes physical position
or light intensity by any movement or rotation or that gives the visual
impression of such movement or rotation, including any sign mounted
on a vehicle the sole purpose of which is to advertise a product or
business, or any sign held, worn or used by an individual which is
designed to attract the attention of the public to a particular place
of business or a specific product.
[Added 5-16-2012 STM, Art. 10]
A sign erected in accordance with Title 23, M.R.S.A. Chapter
21, Maine Traveler Information Services.
[Amended 5-16-2012 STM, Art. 10]
All stationary signs or advertising devices with a fixed
location on or in the ground, or attached to something having a fixed
location on the ground, identifying goods or services offered on the
lot where the sign is located.[6]
[Added 5-16-2012 STM, Art. 10]
A sign that is not permanent, affixed to a building, structure
or the ground.
[Amended 5-20-2009 STM, Art. 15; 5-16-2012 STM, Art. 10]
A freestanding sign supported by one or more upright poles,
columns or braces permanently affixed in or on the ground and not
attached to any building or structure.
[Amended 5-16-2012 STM, Art. 10]
A temporary sign located on a project site which advertises
the project name, owner or contractor, such as architect, engineer,
builder, plumber, electrician, building material supplier, etc., associated
with the building project or development.
[Added 5-16-2012 STM, Art. 10]
A permanent sign mounted on a building projecting perpendicular
to the face of the building.
[Added 5-20-2009 STM, Art. 15; 5-16-2012 STM, Art. 10]
A sign located on municipal property or located at a municipal
facility to display notices or information to the public.
[Added 5-16-2012 STM, Art. 10; amended 5-15-2019 STM, Art. 9]
A sign for the control of traffic and other regulatory purposes,
street signs, warning signs and signs of public service companies
indicating danger or warnings.
[Added 5-16-2012 STM, Art. 10]
A sign pertaining to the sale or lease of the premises, or
a portion of the premises, on which the sign is located.
[Added 5-16-2012 STM, Art. 10]
A sign that is displayed above the eaves and under the peak
of a building.
[Added 5-16-2012 STM, Art. 10]
A two-sided sign, typically shaped like an "A" and hinged
at the top, that is made of wood or materials that appear to be wood
and is not attached to the ground.
[Amended 5-16-2012 STM, Art. 10]
A temporary sign advertising the business conducted on the
premises which is dependent on seasonal services or products, and
is displayed during specified periods as determined by the applicant
and as permitted by a seasonal retail license.[7]
[Amended 5-16-2012 STM, Art. 10]
A sign intended to display commercial messages of a transitory
nature. Portable signs or any sign not permanently embedded in the
ground, or not permanently affixed to a building or sign structure
that is permanently embedded in the ground, are considered temporary
signs.
[Amended 5-16-2012 STM, Art. 10; 5-17-2017 STM, Art. 12]
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign and does not project
more than twelve (12) inches from such building or structure. No wall
sign may cover any window, door or architectural detail.
[Added 5-16-2012 STM, Art. 10]
A sign affixed to the surface of a window with its message
intended to be visible to the exterior environment.
[Added 5-16-2012 STM, Art. 10]
Where alteration occurs to a building or structure within
the Historic District, the change of material or any architectural
detail cannot be clearly deduced from the public way.
[Added 5-16-2012 STM, Art. 9]
A route repeatedly used by forwarding machinery or animal
to haul or drag forest products from the stump to the yard or landing,
the construction of which requires minimal excavation.
[Added 11-13-2008 STM, Art. 7]
The residue, e.g., treetops and branches, left on the ground
after a timber harvest.
[Added 11-13-2008 STM, Art. 7]
A solar energy conversion system converts solar energy to
electric or thermal energy. Solar energy conversion systems are further
categorized into three types based on the size of the facility Facility
size is measured by calculating the square footage of the projection
of solar panels at maximum tilt on the ground below (see diagram).
[Added 7-2-2020 STM, Art. 11]
SMALL-SCALE ENERGY CONVERSION SYSTEMA system with a facility size less than 40,000 square feet.
LARGE-SCALE ENERGY CONVERSION SYSTEMA system with a facility size greater than or equal to 40,000 square feet, but less than 400,000 square feet.
UTILITY-SCALE ENERGY CONVERSION SYSTEMA system with a facility size greater than or equal to 400,000 square feet.
 |
Parking arrangements where cars are arranged in a manner
that one or more cars are parked behind each other and not all cars
can directly access a travel lane or driveway.
[Added 5-20-2009 STM, Art. 15]
A channel between defined banks created by the action of
surface water and that has two (2) or more of the following characteristics.
[Amended 11-13-2008 STM, Art. 7]
It contains or is known to contain flowing water continuously
for a period of at least 6 months of the year under normal seasonal
rainfall conditions.
The channel bed is primarily composed of mineral material, such
as sand, scoured silt, gravel, clay, or other parent material that
has been deposited or scoured by water.
The channel contains aquatic animals, such as fish, aquatic
insects or mollusks in the water or, if no surface water is present,
within the stream bed.
The channel contains aquatic vegetation and is essentially devoid
of upland vegetation.
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This definition is based on physical characteristics that in
case of development need to be field verified. The Town has attempted
to map streams throughout the community to serve as an initial guide
for land owners and developers. This information is available in the
Town Planning and Codes Enforcement Offices, but should not be considered
a substitute for field verification.
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Bordering freshwater wetlands that are not separated from the
stream channel by a distinct change in elevation (such as hillside
groundwater seeps) or barrier, and wetlands that are subject to periodic
flooding or soil saturation as a result of high stream flows are considered
part of the stream. Where these wetlands are present, the normal high
water line of the stream is measured from the upland/wetland transition
of bordering wetlands subject to periodic stream water flooding or
saturation, or where changes in wetland vegetation, soil characteristics,
or topography clearly demonstrate wetland hydrology not associated
with associated with periodic flood flows.
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Natural and artificial impoundments at the source and along
the course of the stream are considered to be part of the stream.
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Stream does not mean a ditch or other drainageway constructed,
or constructed and maintained, solely for the purpose of draining
stormwater or a grassy swale.
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An overall coordinated and designed exterior public space
with zones delineated for pedestrians, landscaping/street trees, vehicles
and bicyclists. In general, streetscapes are located within the public
right-of-way in front of a building, but may be on the adjacent fronting
parcel or within both the public right-of-way and the parcel.
[Added 5-20-2009 STM, Art. 15]
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Streetscape elements include but are not limited to street trees,
benches, bollards, public trash receptacles, movable tables and chairs,
light posts, planters, bicycle racks and on-street parking. These
components are intended to create a pedestrian-friendly zone parallel
to the street. The width of the streetscape zone varies depending
on the nature of the development and available space between the building
and the edge of the travel way.
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Streetscapes should reinforce an integrated plan including architecture,
signage, on-street parking and traffic-calming measures such as curb
bump outs and raised or reflective sidewalks. In all cases, a minimum
six foot-wide pedestrianway shall be maintained clear of obstacles.
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Anything built for the support, shelter or enclosure of persons,
animals, goods or property of any kind, together with anything constructed
or erected with a fixed location on or in the ground, exclusive of
fences, and poles, wiring and other aerial equipment normally associated
with service drops as well as guying and guy anchors. The term includes
structures temporarily or permanently located, such as decks, patios,
and satellite dishes.
[Amended 11-13-2008 STM, Art. 7]
The vertical distance measured between the average finished
grade of the ground at the base of a structure to the high point of
a structure.
See Chapter 191, Subdivision of Land.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For purposes of this definition, substantial improvement
is considered to occur when the first alteration affects the external
dimensions of the structure. The term does not, however, include any
project for improvement of a structure to comply with existing state
or local health, sanitary or safety code specifications which are
solely necessary to assure safe living conditions or for any alteration
of a structure listed on the National Register of Historic Places
or a State Inventory of Historical Places.
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 waste
water treatment system.
[Added 11-13-2008 STM, Art. 7]
A change in elevation where the referenced percent grade
is substantially maintained or exceeded throughout the measured area.
[Added 11-13-2008 STM, Art. 7]
Any land or water area upon which tidal action occurs (Merrymeeting
Bay and tributaries).
All waters affected by tidal action during the maximum spring
tide.
[Added 11-13-2008 STM, Art. 7]
The cutting and removal of timber for the primary purpose of selling or processing forest products. The cutting or removal of trees in the Shoreland Zone on a lot that has less than two (2) acres within the Shoreland Zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to § 225-19, Subsection 15P, “Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting.”
[Amended 11-13-2008 STM, Art. 7]
Timber harvesting, the construction and maintenance of roads
used primarily for timber harvesting and other activities conducted
to facilitate timber harvesting.
[Added 11-13-2008 STM, Art. 7]
The department head of the Topsham Planning Department, or
his/her designee.
[Added 5-14-2014 STM, Art. 12]
A structure that is intended for transmitting or receiving
television, radio or telephone communications.
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.
[Amended 11-13-2008 STM, Art. 7]
The land in question cannot yield a reasonable
return unless a variance is granted;
The need for a variance is due to the unique
circumstances of a property and not to the general conditions in the
neighborhood;
The granting of a variance will not alter the
essential character of the locality; and
The hardship is not the result of action taken
by the applicant or a prior owner.
The boundary between upland and wetland. For purposes of
a coastal wetland, this boundary is the line formed by the landward
limits of the salt-tolerant vegetation and/or the maximum spring tide
level, including all areas affected by tidal action. 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 (6) meters [approximately
twenty (20) feet] tall or taller.
[Amended 11-13-2008 STM, Art. 7]
The indoor or outdoor sale of used articles, conducted for
more than five consecutive days or for more than two weekends during
the period May 1 through September 30. This term shall include extended
yard sales, but shall not include flea markets or shops for secondhand
clothing or secondhand books. Used merchandise sales shall require
a permit from the Code Enforcement Officer, which shall be conditional
upon the provision of adequate off-street parking.
A relaxation of the terms of this chapter where such relaxation
will not be contrary to the public interest where, owing to conditions
peculiar to the property and not the result of the actions of the
applicant, a literal enforcement of the chapter would result in undue
hardship. A financial hardship shall not constitute grounds for granting
a variance. The crucial points of variances are undue hardship and
unique circumstances applying to property.
All live trees, shrubs, ground cover and other plants, including,
without limitation, trees both over and under four inches in diameter,
measured at 4 1/2 feet above ground level.
Depressional wetland basins that typically go dry in most
years and may contain inlets or outlets, typically of intermittent
flow. Vernal pools range in both size and depth depending upon landscape
position and parent material(s). Pools usually support one or more
of the following obligate indicator species: wood frog, spotted salamander,
blue-spotted salamander, marbled salamander, Jefferson’s salamander
and fairy shrimp. However, they should preclude sustainable populations
of predatory fish.
[Added 5-17-2017 STM,
Art. 14]
A plan developed by the Town that assesses the known vernal
pools in the community’s Rural Area and establishes a list of
target conservation pools and conservation actions in accordance with
the Vernal Pool Conservation Criteria in the Town of Topsham Vernal
Pools Special Area Management Plan (SAMP).
[Added 5-18-2016 STM,
Art. 14]
A fee paid by an applicant for a development approval or
permit in accordance with the provisions of the Vernal Pools Overlay
District.
[Added 5-18-2016 STM,
Art. 14; amended 5-17-2017 STM,
Art. 14]
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.
A use engaged in storage, wholesale and distribution of manufactured
products, supplies and equipment, but excluding bulk fuel storage.
Any great pond, river or stream.
[Amended 11-13-2008 STM, Art. 7]
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, waterlines, sewer lines,
and cables as well as maintenance work on these crossings. This definition
includes crossings for timber harvesting equipment and related activities.[8]
[Amended 11-13-2008 STM, Art. 7]
A freshwater or coastal wetland.
[Added 11-13-2008 STM, Art. 7]
An establishment selling goods intended for resale.
The ability of a forest stand to withstand strong winds and
resist wind throw, wind rocking, and major breakage.
[Added 11-13-2008 STM, Art. 7]
Live trees or woody, nonherbaceous shrubs.
[Added 11-13-2008 STM, Art. 7]
Includes so-called garage sales, porch sales, tag sales and
the like. Unless they occur on more than five consecutive days or
for more than two weekends during the period May 1 through September
30, they shall not be considered to be used merchandise sales as defined
in this chapter and shall not require a permit from the Code Enforcement
Officer.
[1]
Editor's Note: The former definition of "banner," which immediately
followed this definition, was superseded 5-16-2012 STM, Art. 10. See
now the definition of "sign, banner" in this section.
[2]
Editor's Note: This article also repealed the former definition
of "expansion."
[3]
Editor's Note: The former definition of "medical marijuana
dispensary," which immediately followed this definition, was repealed
5-15-2019 STM, Arts. 21 and 22.
[4]
Editor's Note: The former definition of "official business
directional sign," which immediately followed this definition, was
superseded 5-16-2012 STM, Art. 10. See now the definition of "sign,
official business directional" in this section.
[5]
Editor's Note: The definition of "sign, memorial tablet,"
added 5-16-2012 STM, Art. 10, which immediately followed, was repealed
5-17-2017 STM, Art. 12.
[6]
Editor's Note: The definition of "sign, political/political
campaign," amended 5-16-2012 STM, Art. 10, which immediately followed,
was repealed 5-17-2017 STM, Art. 12.
[7]
Editor's Note: The definitions of "sign, service club," and
"sign, symbol or insignia," both added 5-16-2012 STM, Art. 10, and
which immediately followed, were repealed 5-17-2017 STM, Art. 12.
[8]
Editor's Note: The definition of "wetlands associated with
great ponds and rivers," which immediately followed, was repealed
11-13-2008 STM, Art. 7.
