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Town of Cumberland, ME
Cumberland County
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This chapter shall be known and may be cited as the "Zoning Ordinance of the Town of Cumberland, Maine."
[Amended 9-10-2012]
A. 
The purpose of this chapter, made as part of a comprehensive plan for the development of the Town, is to promote public health, safety, and general welfare; to encourage the most appropriate use of land throughout the Town; to promote traffic safety; to provide safety from fire and other elements; to provide adequate light and air; to prevent overcrowding of real estate; to provide a wholesome home environment; to prevent housing development in unsanitary areas; to provide an adequate street system; to promote the coordinated development of unbuilt areas; to encourage the formation of community units; and to provide an allotment of land area in new developments sufficient for all public services.
B. 
This chapter reflects land use regulations imposed by the Town of Cumberland. Additional federal and/or state permits, including State of Maine Department of Environmental Protection, United States Environmental Protection Agency, and the United States Army Corps of Engineers, may be required.
Unless otherwise specified, it is the intent of this chapter that any use not specifically allowed as a permitted use or a special exception use is prohibited.
The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual; the present tense includes the future tense; the singular number includes the plural, and the plural includes the singular; the word "shall" is mandatory, and the word "may" is permissive; the word "used" or "occupied" includes the words "intended," "designed" or "arranged to be used or occupied"; the word "building" includes the word "structure"; the word "dwelling" includes the word "residence"; and the word "lot" includes the word "plot" or "parcel." Terms not defined shall have the customary dictionary meaning. Other terms shall be defined as follows:
ACCESSORY BUILDING OR USE
A subordinate building or use customarily incidental to, and located on the same lot with, the main building or use, including farm markets for the sale of agricultural and similar products where at least 60% of the gross receipts is derived from the sale of products produced or grown, or where some ingredients of products are grown or produced, on the lot. This shall not include registered dispensaries of medical marijuana, retail marijuana establishments, retail marijuana social clubs, or any addiction treatment facility as defined in this chapter and by applicable state statutes.
[Amended 2-10-2014; 5-22-2017]
ACCESSORY DWELLING UNIT (ADU)
A secondary dwelling unit used as a single-family dwelling unit on a nonintermittent basis that is established in conjunction with and clearly subordinate to a primary dwelling unit, whether a part of the same structure as the primary dwelling unit or a detached dwelling unit on the same lot.
[Added 11-26-2012; amended 10-23-2017]
ACRE
A unit of area measure consisting of 43,560 square feet.
ADDICTION TREATMENT FACILITY
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.
[Added 2-10-2014]
AGGREGATE PROCESSING
Operations and processes including the loading, unloading, conveying, crushing, screening, and loadout of materials.
AGRICULTURE
The use of a tract of land for commercial purposes for cultivation and the production of crops, truck gardening, nurseries or greenhouses, or any allied industry, but exclusive of animal husbandry and exclusive of private gardens less than 1/2 acre. This shall not include registered dispensaries of medical marijuana, retail marijuana establishments, retail marijuana social clubs, or any other addiction treatment facility as defined in this chapter and by applicable state statutes.
[Amended 2-10-2014; 5-22-2017]
AIRPORT, PRIVATE, PERSONAL USE
An airstrip restricted to use by the airstrip owner or lessee and, on an occasional basis, by his invited guests.
ALTERNATIVE TOWER STRUCTURE
Clock towers, bell steeples, light poles and water towers and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANIMAL HUSBANDRY
The keeping of animals for commercial purposes, including dairying, stock raising, poultry raising, and breeding.
ANTENNA
Any structure or device used for the purpose of wireless transmitting or receiving electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), or wireless telecommunications signals, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whip antennas.
ANTENNA ARRAY
A set of antennas for one carrier or service that are placed on a mount at a given height and spaced so as to avoid internal interference.
AQUIFER
A geologic formation composed of rock or sand and gravel that stores and transmits significant quantities of recoverable water.
AQUIFER RECHARGE AREA
Land area composed of soil or rock that is significantly permeable to allow infiltration and percolation of surface water into an aquifer.
ASSOCIATED RETAIL
A subordinate use customarily incidental to, and located on the same lot with, the main building or use. This shall not include registered dispensaries of medical marijuana, retail marijuana establishments, retail marijuana social clubs, or any other addiction treatment facility as defined in this chapter and by applicable state statutes.
[Amended 2-10-2014; 5-22-2017]
AUTO REPAIR SERVICE GARAGE
A business establishment engaged in general repair, engine rebuilding, parts replacement, rebuilding or reconditioning of motor vehicles, body, frame or fender straightening and repair, painting and undercoating, but where no engine fuels are sold.
BACKLOT
A lot which does not abut or front on a street and where access to the road is by a private right-of-way.
BASEMENT
That portion of a building which is partly above grade and partly below grade and having 1/2 or more of its height above grade.
BED-AND-BREAKFAST
A single-family dwelling in which the resident or residents of the dwelling provide overnight lodging to paying guests in a maximum of six guest bedrooms located within the dwelling or permitted attached structures. Total sleeping accommodations shall be for 12 or fewer guests. Breakfast shall be the only meal served to guests and shall be limited to overnight guests. Rentals for more than one month in a calendar year to the same guest(s) are prohibited. The bed-and-breakfast shall function as a private home with house guests.[1]
A. 
In addition to any other review required under this chapter, a bed-and-breakfast shall be considered a home occupation and shall be allowed under the conditions and regulations applicable to home occupations, subject to site plan review and approval by the Planning Board if providing four or more guest bedrooms.
B. 
A structure shall not be used or occupied as a bed-and-breakfast until the Cumberland Fire/EMS Chief certifies the structure to be in compliance with applicable sections of the most recent edition of the NFPA 101 Life Safety Code, including but not limited to Chapters 20 and 22, all necessary state approvals have been received, and a certificate of occupancy has been issued by the Code Enforcement Officer.
[Amended 9-10-2012]
BOARDING CARE FACILITY
A house or other place having more than two residents which, for consideration, is maintained wholly or partly for the purpose of boarding and caring for the residents. For the purposes of this chapter, "boarding care facility" shall include only those facilities which have been certified, or which will be certified prior to the issuance of any use permits under this chapter, by the State of Maine as meeting all licensing and operation regulations for boarding care facilities as promulgated by the Maine Department of Health and Human Services.
BOARDING KENNEL
Any place, building, tract of land or abode in or on which more than three privately owned dogs or other pets, or both, are kept at any one time for their owners in return for a fee.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING AREA
Total of areas taken on a horizontal plane at the main finished grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps. All dimensions shall be measured between exterior faces of walls.
BUILDING HEIGHT
Vertical distance measured from the average elevation of the proposed finished grade of the building to the highest point of the roof.
BUSINESS AND PROFESSIONAL OFFICE
The place of business of individuals or groups providing professional services, including but not limited to doctors, lawyers, accountants, financial advisors, architects, surveyors, real estate and insurance businesses, psychologists, and counselors, or a place in which a business conducts its administrative, financial or clerical operations or provides services, including banks, credit unions and other financial services, excluding freestanding automated teller machines (ATMs). This shall not include registered dispensaries of medical marijuana, retail marijuana establishments, retail marijuana social clubs, or any other addiction treatment facility as defined in this chapter and by applicable state statutes.
[Amended 2-10-2014; 5-22-2017]
CAFE
A restaurant primarily offering coffee, tea, and other beverages, and where light refreshments and limited menu meals may also be sold for consumption on or off the premises. Cafes shall be no larger than 2,500 square feet, with no drive-through and in accordance with § 315-18F(3). This shall not include retail marijuana establishments or retail marijuana social clubs.
[Added 6-1-2015; amended 5-22-2017]
CAREGIVER
A person or an assistant of that person that provides care for a qualifying patient in accordance with 22 M.R.S.A. § 2423-A(2), as amended.
[Added 11-26-2018]
CATERING SERVICE
An establishment in which the principal use is the preparation of food and meals on the premises and where such food and meals are delivered to another location for consumption. This shall not include retail marijuana establishments or retail marijuana social clubs.
[Added 6-1-2015; amended 5-22-2017]
CELLAR
That portion of a building that is partly or completely below grade and having at least 1/2 its height below grade.
CLINIC
An office building used by members of the medical professions for the diagnosis and outpatient treatment of human ailments. This shall not include registered dispensaries of medical marijuana, retail marijuana establishments, or any other addiction treatment facility as defined in this chapter and by applicable state statutes.
[Amended 2-10-2014; 5-22-2017]
CLUB, PRIVATE
A building or use catering exclusively to club members and their guests for recreational purposes and not operated primarily for profit. This shall not include retail marijuana establishments or retail marijuana social clubs.
[Amended 5-22-2017]
CLUSTERED SUBDIVISION
A type of development where building lots are smaller, with lot frontages that are shorter than those in a traditional subdivision, and are grouped on certain portions of the site that are best suited for development and other areas remain open and free from development. The homes may or may not be connected to the public sewer system.
[Amended 3-11-2019]
CLUSTER SYSTEM
A subsurface sewage disposal system that receives the effluent from two or more house units, individual homes, or systems in excess of 400 gallons per day.
COASTAL WETLAND
All tidal and subtidal lands, all lands below any identifiable debris line left by tidal action, all lands with vegetation present that is tolerant of saltwater and occurs primarily in a saltwater or estuarine habitat, and any swamp, marsh, bog, beach, flat or other contiguous lowland which is subject to tidal action during the maximum spring tide level as identified in tide tables published by the National Ocean Service. Coastal wetlands may include portions of coastal sand dunes.
CO-LOCATION
The location of more than one telecommunications facility (use) on a tower or alternative tower structure.
COMMERCIAL FISHING
Activities directly related to commercial fishing and those commercial activities commonly associated with or supportive of commercial fishing, such as the manufacture or sale of ice, bait and nets, and the sale, manufacture, installation or repair of boats, engines and other equipment commonly used on boats.
COMMERCIAL HEALTH AND RECREATION
A use which receives a fee in return for the provision of indoor or outdoor health or recreational activity, including racquetball clubs, tennis clubs, health and fitness facilities, gymnasiums, swimming pools, skating rinks, and playgrounds, but not including amusement centers, golf courses, sports stadiums and campgrounds. Any retail activities, child-care activities, and personal health services which are associated with and located within a health or recreation facility are permitted.
COMMERCIAL KITCHEN
A licensed kitchen facility providing food entrepreneurs the space and equipment to prepare and process for sale on or off premises. This shall not include retail marijuana establishments or retail marijuana social clubs.
[Added 6-1-2015; amended 5-22-2017]
COMMUNITY LIVING ARRANGEMENT
A housing facility for eight or fewer persons with disabilities that is approved, authorized, certified or licensed by the state. A community living arrangement may include a group home, foster home or intermediate care facility.
[Amended 9-10-2012]
CONDOMINIUM
A type of real estate ownership in which individual units are owned separately and all of the rest of the property is owned in common by all of the owners of individual units.
CONGREGATE HOUSING
Residential housing consisting of private living quarters, with or without cooking facilities, within which a supportive services program is provided to functionally impaired residents who have difficulty living independently without assistance yet who do not require the level of service available at a nursing home or boarding care facility as herein defined. For the purposes of this chapter, "congregate housing" shall include only those facilities which have been certified, or which will be certified prior to the issuance of any use permits under this chapter, by the State of Maine as meeting all regulations governing the administration of congregate housing services programs for the elderly.
CONSERVATION SUBDIVISION
A subdivision designed to preserve sensitive and/or valuable natural areas, including, but not limited to, farmland, wetlands, steep slopes, and significant viewscapes.
[Added 3-11-2019]
CONSTRUCTION OPERATIONS
The use of a tract of land for the storage of construction equipment and materials used in residential and commercial construction. This use does not include the manufacturing or processing of concrete and/or asphalt or the extraction or processing of earth materials, unless previously grandfathered.
CONTINUING CARE RETIREMENT COMMUNITY
A residential care facility, with or without guaranteed lifetime care, that provides any combination of nursing home, boarding care, and congregate housing services as defined herein. For the purposes of this chapter, "continuing care retirement community" shall include only those facilities which have been certified, or which will be certified prior to the issuance of any use permits under this chapter, by the State of Maine as meeting all applicable regulations for nursing homes, boarding care facilities, and congregate housing as promulgated by the Maine Department of Health and Human Services.
CONTRACTOR'S SPACE
A facility consisting of one or more individual units for contractors to utilize for storage, inventory and prefabrication of materials associated with construction.
DAY-CARE CENTER
A house or other place conducted or maintained by anyone who provides, on a regular basis and for consideration, care and protection for 13 or more children under 16 years of age, except children related to the operator by blood, marriage or adoption, who are unattended by parents or guardians, for any part of a day, except that any facility the chief purpose of which is to provide education shall not be considered to be a day-care center.
A. 
A house or other place conducted or maintained by anyone who provides, on a regular basis and for consideration, care and protection, which is required to be licensed by the state, for three to 12 unrelated persons for any part of a day. Any facility, the chief purpose of which is to provide education, shall not be considered to be a day-care home.
B. 
In addition to any other review required under this chapter, a day-care home shall be considered a home occupation and shall be allowed under the conditions and regulations applicable to home occupations.[2]
DISTRICT
A section or sections of the Town of Cumberland for which regulations governing the use of buildings and premises, the size of yards, and intensity of use are uniform.
DRIVE-THROUGH FACILITY
A use, otherwise allowed as a permitted or special exception use in the district where located, which is designed or used in such a manner as to permit customers or patrons to receive goods or services while remaining in their motor vehicles, excluding freestanding automated teller machines (ATMs).
DWELLING, ATTACHED
A dwelling which shares a common wall with one or more other dwellings and which has independent outside access.
DWELLING, DETACHED
A dwelling which is physically separate from any other building, including manufactured housing which is composed of two or more sections joined lengthwise, with the exception of accessory buildings.
DWELLING, DUPLEX
A building used or intended for residential use containing two attached dwelling units.
DWELLING, MULTIPLEX
A building containing three or more dwelling units, including apartment buildings and condominiums.
DWELLING UNIT
A group of rooms forming a habitable unit for one family with facilities used or intended to be used for living, sleeping, cooking and eating, the total floor area of which is not less than 600 square feet.
EMERGENCY OPERATIONS
Includes operations conducted for the public health, safety, or general welfare, such as protection of resources from immediate destruction or loss, law enforcement, and operations to rescue human beings and livestock from the threat of destruction or injury.
ESSENTIAL SERVICES
Gas, electrical, communication facilities, steam, fuel or water supply transmission or distribution systems.
EXTRACTION OF EARTH MATERIALS
The excavation and storage of soil, topsoil, peat, loam, sand, gravel, rock or other mineral deposits.
FAMILY
One or more persons occupying a dwelling unit and living as a single housekeeping unit, whether or not related to each other by birth, adoption or marriage, but no unrelated group shall consist of more than five persons, as distinguished from a group occupying a boardinghouse, lodging house, or hotel.
FARM-BASED RETAIL
The selling of agricultural produce or products, the majority of which is grown or raised by the landowner on property owned by the landowner within the Rural Residential 1 (RR1) and Rural Residential 2 (RR2) Districts. This shall not include retail marijuana establishments.
[Amended 5-22-2017]
FARM BASED SPECIALTY EVENT
An event held indoors or outdoors on farmland that is at least five contiguous acres in size and is primarily used for farming, agriculture or horticultural activities. Such events may be for commercial purposes other than farming and may include, but are not limited to, weddings, wedding receptions, family reunions, special occasion celebrations, fairs and recreation programs, subject to the requirements of § 315-49.1. Farms must be registered farms with the Town Assessor.
[Added 11-13-2017]
FLOOR AREA
The sum of the gross horizontal area of the floors of a building, excluding basement floor areas. All dimensions shall be measured between interior faces of walls.
FOOTPRINT
The main finished grade level of the principal building. All dimensions shall be measured between exterior faces of walls.
FORESTED WETLAND
A freshwater wetland dominated by woody vegetation that is six meters tall or taller.
FOREST MANAGEMENT ACTIVITIES
Timber cruising and other forest resources evaluation activities, pesticide or fertilizer application, management planning activities, insect and disease control, timber stand improvement, pruning, regeneration of forest stands, and other similar associated activities, exclusive of timber harvesting and the construction, creation or maintenance of roads.
A. 
Freshwater swamps, marshes, bogs and similar areas, other than forested wetlands, which are:
(1) 
Of 10 or more contiguous acres, or of less than 10 contiguous acres and adjacent to a surface water body, excluding any river or stream, such that, in a natural state, the combined surface area is in excess of 10 acres; and
(2) 
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.
B. 
Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.
FUNCTIONALLY WATER-DEPENDENT USES
Those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal or inland waters and that cannot be located away from these waters. These uses include, but are not limited to, commercial and recreational fishing and boating facilities (excluding recreational boat storage buildings), finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aides, basins and channels, retaining walls, industrial uses dependent upon waterborne transportation or requiring large volumes of cooling or processing water and that cannot reasonably be located or operated at an inland site, and uses that primarily provide general public access to coastal or inland waters.
GARDEN APARTMENT
A multifamily dwelling in which units share a common outside access. Garden apartment buildings may have dwelling units on two levels, and each unit has secondary outside access by way of a patio or porch. Entrance drives, parking areas, open space and any recreational facilities are shared in common by all occupants.
GASOLINE STATION
A building or land that is used for the sale of motor fuel, oil, and motor vehicle accessories and servicing motor vehicles and which may include facilities for lubricating or washing, but not including painting, major repairs, storage of vehicles or sales of vehicles.
GRADE
A reference plane representing the average of finished ground level adjoining the building at all exterior walls.
GREAT POND
Any inland body of water which in a natural state has a surface area in excess of 10 acres, and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres, except, for the purposes of this chapter, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner.
GROCERY STORE
A business establishment engaged in the sale of groceries. This shall not include retail marijuana establishments.
[Amended 5-22-2017]
GROUNDWATER
All water found beneath the surface of the earth.
GUESTHOUSE
A separate single-family dwelling intended for the private use of the property owner and located on the same parcel as the principal residential structure. A guesthouse shall not be leased or rented to nonfamily members.
HAZARDOUS WASTE
Any substances or materials which are gaseous, liquid, semisolid or solid and which are designated as hazardous by the United States Environmental Protection Agency in regulations which have been proposed or finally promulgated pursuant to the United States Resource Conservation and Recovery Act, Public Law 94-580, and amendments to the Act.[3]
HEALTH AND FITNESS STUDIO
A facility where exercise classes and/or equipment are available for use by members or nonmembers. Such facilities may include locker rooms, showers, saunas and other related accessory uses. The health and fitness studio shall be no larger than 2,500 square feet.
[Added 6-1-2015]
HEIGHT
When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said point is an antenna.
HELIPORT, PRIVATE, PERSONAL USE
A heliport restricted to use by the helipad owner or lessee and, on an occasional basis, by his invited guests.
HOME-BASED OCCUPATION
An occupation based or located within a dwelling or an accessory structure which is performed or conducted at a location or locations remote from the dwelling and which:
[Amended 5-22-2017]
A. 
Is accessory to a residential use;
B. 
Is clearly incidental and secondary to the residential use of the dwelling unit; and
C. 
Does not change the character of the dwelling.
This shall not include retail marijuana establishments or retail marijuana social clubs.
HOME-BASED RETAIL
A retail establishment owned and operated by the owner and resident of the dwelling unit that is located on the same lot. The size of the retail space shall be no larger than 2,000 square feet. This shall not include retail marijuana establishments.
[Amended 5-22-2017]
A. 
An occupation performed or conducted within a dwelling or accessory structure by the residents thereof which:
(1) 
Is accessory to a residential use;
(2) 
Is clearly incidental and secondary to the residential use of the dwelling unit; and
(3) 
Does not change the character of the dwelling.
B. 
Home occupations may include, but are not necessarily limited to, arts and crafts work, dressmaking, tutoring, music teaching, and the use of a portion of a dwelling as a bed-and-breakfast, a day-care home, a professional office such as that of a physician, dentist, lawyer, engineer, architect, hairdresser, barber, real estate broker, insurance agent, or accountant, or similar uses.
This shall not include retail marijuana establishments or retail marijuana social clubs.
HOTEL and INN
A building containing individual sleeping rooms or suites, each having a private bathroom attached thereto, for the purpose of providing overnight lodging facilities to the general public for compensation and in which access to all rooms is made through an inside office or lobby.
IMMATURE MARIJUANA PLANT
A nonflowering marijuana plant that measures more than 24 inches from the base of the main plant stalk to the most distant point of the plant's leaf stems or branches.
[Added 11-26-2018]
IMPERVIOUS SURFACE
Structures and other man-made improvements to land and materials covering the land which substantially reduce the infiltration of water. Impervious surfaces shall include, but are not limited to, roofs, paved areas, parking lots, and driveways, regardless of surface materials.
INDUSTRIAL
The assembling, fabrication, finishing, manufacturing, packing or processing of goods or the extraction of minerals. This shall not include retail marijuana establishments.[4]
[Amended 5-22-2017]
LANDSCAPE BUFFER
An area within a property or site, generally adjacent to and parallel to a property line, either consisting of natural existing vegetation or created by the use of trees and shrubs, designed to limit continuously the view of and/or sound from the site to adjacent sites or properties.
LANDSCAPE EASEMENT
A twenty-five-foot wide easement to the Town of Cumberland for properties with frontage along Route 100 within the Village Center Commercial District. A landscape easement may be used for plantings, a sidewalk with esplanade, lighting, and street furniture and is intended to provide a visual cohesiveness to the corridor.
LANDSCAPING SERVICES
The business location of a person engaged in the commercial practice of landscaping and who performs or furnishes the labor and/or materials necessary to maintain or beautify land by contract or consent of the landowner, including but not limited to lawn care, planting and care of trees and shrubs, and winter maintenance such as snow removal, but not including retail sales of landscaping materials or tools.
LEACHABLE MATERIAL
Liquid or solid materials, including solid wastes, sludge, and agricultural wastes, that are capable of releasing waterborne contaminants into the groundwater.
LIGHT MANUFACTURING
An establishment which is engaged in the mechanical transformation of materials into new products, including the assembling of component parts, and which has the following characteristics:
[Amended 5-22-2017]
A. 
Does not create any offensive smoke, dust, odor, or other unhealthy or offensive airborne discharge;
B. 
Does not create any offensive noise or vibration;
C. 
Does not include any outdoor storage of equipment or material; and
D. 
Is designed so that the external appearance of any building is compatible with the neighborhood in which it is located.
This shall not include retail marijuana establishments.
LOADING SPACE
Off-street space used for the temporary location of one licensed motor vehicle, which is at least 12 feet wide and 40 feet long and 14 feet high, not including access driveway, and having direct access to a street or alley.
LODGING HOUSE
A building used for temporary occupancy of individuals who are lodged with or without meals and in which bathroom facilities may be shared.
LOT
A tract or parcel of land, in the same ownership, provided that parcels located on opposite sides of a public or private road shall be considered each a separate tract or parcel unless such road was established by the owner of the parcels on both sides thereof.
LOT AREA
Total horizontal area within the property lines, excluding any part thereof lying within the boundaries of a public street or proposed public street.
LOT, CORNER
A lot which has an interior angle of less than 135° at the intersection of two streets. A lot abutting a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle less than 135°.
LOT FRONTAGE
For residential uses, the distance measured along a street or public right-of-way; for all other uses, the distance measured along a street.
LOT LINE
Property line bounding a lot.
A. 
The lot line separating a lot from a street or other right-of-way providing access to the lot.
B. 
The lot line opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lot, a line 10 feet in length that is located entirely within the lot and is parallel to and at a maximum distance from the front lot line. On a lot that abuts more than one street, the rear lot line shall be that line opposite the shortest front lot line. Where all front lot lines are the same length, the rear lot line shall be designated by the owner as part of the first application for a building permit submitted for the lot after the effective date of this subsection.
C. 
Any lot line other than a front or rear lot line.
LOW IMPACT INDUSTRIAL
Industrial activity involving the manufacturing, packaging, assembly, or distribution of finished products from previously prepared material, including but not limited to the following: bakeries, breweries, bottling, printing and publishing, pharmaceuticals, machine shops, precision instruments, tool and die shops and packaging of foods. This shall not include registered dispensaries of medical marijuana or any other addiction treatment facility as defined in this chapter and by applicable state statutes.
[Amended 2-10-2014]
MANUFACTURED HOUSING
This term shall be as defined in 30-A M.R.S.A. § 4358, as amended from time to time, and shall include both mobile homes and modular homes as defined therein.
MARIJUANA
The leaves, stems, flowers and seeds of all species of the plant genus cannabis, whether growing or not.
[Added 5-22-2017]
MARIJUANA CONCENTRATE
The resin extracted from any part of a marijuana plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin, including, but not limited to, hashish.
[Added 5-22-2017; amended 11-26-2018]
MARIJUANA PLANT
A plant of the genus Cannabis, including, but not limited to, Cannabis sativa, Cannabis indica and Cannabis ruderalis or their hybrids and the seeds of those plants.
[Added 11-26-2018]
MARIJUANA PRODUCT
A product composed of harvested marijuana and other ingredients that is intended for medical use. "Marijuana product" includes, but is not limited to, an edible marijuana product, a marijuana ointment and a marijuana tincture. "Marijuana product" does not include marijuana concentrate.
[Added 11-26-2018]
MARINA
A business establishment having frontage on navigable water and, as its principal use, providing for hire offshore mooring 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 marine equipment, bait and tackle shops and marine fuel service facilities.
MARKET
A retail store selling primarily food products that does not exceed 5,000 square feet. This shall not include retail marijuana establishments.
[Amended 5-22-2017]
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.
MATURE MARIJUANA PLANT
A flowering female marijuana plant.
[Added 11-26-2018]
MINIMUM LOT WIDTH
The closest distance between the side lot lines of a lot.
MIXED-USE
A proposed development that includes primary non-residential uses and primary residential uses on the same development site.
[Added 4-11-2016]
MIXED-USE DEVELOPMENT
A planned, integrated development involving two or more different uses in an architecturally harmonious environment with common access and utility systems.
MOBILE HOME PARK
A parcel of land under unified ownership approved by the municipality for the placement of three or more manufactured homes.
MOBILE HOME PARK LOT
The 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.
MOTEL
A building containing rooms which are rented as a series of sleeping units for transients, each sleeping unit consisting of at least a bedroom and bathroom.
MOTOR VEHICLE
Any vehicle requiring State of Maine registration.
MOTOR VEHICLE SALES
A business establishment involved in the sales of motor vehicles.
MOTOR VEHICLE SALES SHOWROOM
Enclosed establishment for the display and sale of new and/or used motor vehicles, trailers, mobile homes, and boats.
MOTOR VEHICLE SERVICE/REPAIR
An establishment where automobiles or other motorized vehicles and equipment are repaired or serviced. Includes small engine repair.
MUNICIPAL USE OR BUILDING
Any use or building maintained by the Town of Cumberland.
NET RESIDENTIAL ACREAGE
Net residential acreage shall be determined by subtracting from gross acreage available the following:
A. 
Area for roads and parking as shown on the proposed plan.
[Amended 7-23-2012]
B. 
Land which is cut off from the main parcel by a road, existing land uses, a utility easement or right-of-way or major stream so as to serve as a major barrier to common use or so that it is isolated and unavailable for building purposes (final determination by Planning Board).
C. 
Other areas which are difficult to develop in their natural state because of topography, drainage, or subsoil conditions. Specific conditions include but are not limited to:
(1) 
Slopes in excess of 20% sustained for 30,000 square feet or more.
(2) 
Wetlands as defined in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands dated January 10, 1989, and as amended from time to time.
(3) 
Land shown to be in a one-hundred-year flood zone as shown on the Flood Insurance Rate Map (FIRM).
D. 
Land in rights-of-way or easements, but not including land in open space easements under § 315-43B or D.
E. 
Resource Protection Districts.
NONCONFORMING CONDITION
A nonconforming lot, structure, or use which is allowed solely because it was in lawful existence at the time this chapter or subsequent amendment took effect.
NONFLOWERING MARIJUANA PLANT
A marijuana plant that is in a stage of growth in which the plant's pistils are not showing or the pistils protrude in pairs from seed bracts that may be located on multiple nodes of the plant.
[Added 11-26-2018]
NORMAL HIGH-WATER LINE
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. 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.
A. 
A house or other place in which a person or combination of persons maintains or otherwise carries out for consideration, during the day, a regular program which cares for three or more children, provided that:
(1) 
No session conducted for the children is longer than 3 1/2 hours in length;
(2) 
No more than two sessions are conducted per day;
(3) 
Each child in attendance at the nursery school attends only one session per day; and
(4) 
No hot meal is served to the children.
B. 
The term does not include any facility operated as a day-care center, a summer camp established solely for recreational and educational purposes or a public or private school in the nature of a kindergarten approved by the Commissioner of Education in accordance with state statute as amended from time to time.
[Amended 9-10-2012]
NURSING HOME
A facility operated in connection with a hospital or in which nursing care and medical services are prescribed by or performed under the general direction of persons licensed to practice medicine or surgery in the State of Maine, for the accommodation of convalescent or other persons who are not acutely ill and not in need of hospital care but who do require extended care and related medical services. For the purposes of this chapter, "nursing home" shall include only those facilities which have been certified, or which will be certified prior to the issuance of any use permits under this chapter, by the State of Maine as meeting all licensing and operation regulations for skilled nursing facilities or intermediate care facilities as promulgated by the Department of Health and Human Services.
OPEN SPACE
The portion of a lot or site which is maintained in its natural state or planted with grass, shrubs, trees or other vegetation and which is not occupied by buildings.
A. 
A place designed and equipped primarily for the conduct of nonmotorized outdoor sports, leisure-time activities, and other customary and usual recreational activities, excluding boat launching facilities, amusement parks, and campgrounds, and which has the following characteristics:
(1) 
The total area of all buildings and structures, parking lots and other nonvegetated surfaces shall not exceed 10% of the total lot area.
(2) 
Exterior lighting shall be used for the purpose of ensuring safe movement of people and vehicles but not to provide illumination for nighttime use of the outdoor activity.
B. 
The above notwithstanding, nothing in this definition may be read to prohibit the continued use by snowmobiles of existing snowmobile trails.
OUTDOOR SEATING AREA
An outdoor dining area of a cafe or restaurant for seasonal use by the patrons of the restaurant.
[Added 6-1-2015]
PARKING LOT
An off-street area for greater than three cars.
PARKING SPACE
Off-street space used for the temporary location of one licensed motor vehicle which is at least nine feet wide and 22 feet long, not including access driveway, and having direct access to a street or alley.
PERMITTED USE
A use specifically allowed in a zoning district, excluding nonconforming uses and special exceptions. Retail marijuana establishments or retail marijuana social clubs are expressly prohibited in all zoning districts within the Town.
[Amended 5-22-2017]
PERSONAL SERVICES
Businesses providing services of a personal nature, such as barber, hairdresser, beauty parlor, shoe repair, shoe shine, laundry, or photographic studio. This shall not include registered dispensaries of medical marijuana or any other addiction treatment facility as defined in this chapter and by applicable state statutes.
[Amended 2-10-2014]
A. 
Structures which remain in the water for less than seven months in any period of 12 consecutive months.
B. 
Structures which remain in the water for seven months or more in any period of 12 consecutive months.
PIGGERY
A building or portion thereof, or an enclosure, used or designed for the keeping of more than five pigs more than six months old.
POND
Any inland body of water which has a surface area in excess of 10 acres, except where such body of water is man-made and in addition is completely surrounded by land held by a single owner, and except those privately owned ponds which are held primarily as waterfowl and fish breeding areas or for hunting and fishing.
A. 
The strict application of this chapter to the property precludes the ability of the petitioner to pursue a use permitted in the zoning district in which the property is located and results in significant economic injury to the petitioner. An applicant for a practical difficulty variance must show compliance with the following standards:
(1) 
The need for a variance is due to the unique circumstances of the property and not to the general condition of the neighborhood;
(2) 
The granting of a variance will not produce an undesirable change in the character of the neighborhood and will not unreasonably detrimentally affect the use or market value of abutting properties;
(3) 
The practical difficulty is not the result of action taken by the petitioner or a prior owner;
(4) 
No other feasible alternative to a variance is available to the petitioner;
(5) 
The granting of a variance will not unreasonably adversely affect the natural environment; and
(6) 
The property is not located in whole or in part within the shoreland areas as described in 38 M.R.S.A § 435.
B. 
For the purposes of this definition, "dimensional standards" means and is limited to ordinance provisions relating to lot coverage, frontage, and setback requirements.
PRINCIPAL STRUCTURE
The structure in which the primary use of the lot is conducted.
PRIVATE KENNEL
Any premises used for the harboring of more than three dogs under one ownership that are more than six months old.
PRIVY
A pit in the ground into which human excrement is disposed.
PUBLIC FACILITY
Any facility, including but not limited to buildings, property, recreation areas, and roads, which is owned, leased, or otherwise operated or funded by a governmental body or public entity.
QUALIFYING PATIENT
A person who has been a resident of the state for at least 30 days and who possesses a valid written certification regarding medical use of marijuana in accordance with 22 M.R.S.A. § 2423-B, as may be amended.
[Added 11-26-2018]
QUASI-MUNICIPAL
A quasi-municipal corporation or district as defined in 30-A M.R.S.A. § 2351.
RAILROAD FACILITY
The occupation and use of land, buildings, and structures for purposes directly connected with rail transportation of articles, goods, and passengers, including such facilities as tracks, sidings, signal devices and structures, loading platforms, parking facilities, ticketing sales and offices and passenger and freight terminals.
RECENT FLOODPLAIN SOILS
The following soils 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
REGISTERED CAREGIVER
A caregiver who is registered by the Maine Department of Administrative and Financial Services pursuant to 22 M.R.S.A. § 2425-A, as may be amended.
[Added 11-26-2018]
REGISTERED DISPENSARY
A not-for-profit entity registered by the State of Maine in accordance with state statute that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses marijuana or related supplies and educational materials to qualifying patients and the primary caregivers of those patients. Registered dispensaries include the physical location of the dispensary and any other facility under common management and operating under the same state registration that cultivates marijuana for patients of the dispensary. This shall not include retail marijuana establishments or retail marijuana social clubs.
[Added 2-10-2014; amended 5-22-2017]
RELIGIOUS INSTITUTION
Includes church, temple, parish house, convent, or seminary.
REPLACEMENT SYSTEM
A subsurface wastewater disposal system intended to replace:
A. 
An existing system which is either malfunctioning or being upgraded with no significant change of design flow or use of the structure; or
B. 
Any existing overboard wastewater discharge.
RESIDENTIAL CARE FACILITY
A facility defined herein as a nursing home, boarding care facility, congregate housing, community living arrangement, or continuing care retirement facility.
[Amended 9-10-2012]
RESTAURANT
An establishment where food and drink are prepared and served to the public for consumption on or off the premises. This shall not include retail marijuana establishments or retail marijuana social clubs.
[Amended 5-22-2017]
RETAIL MARIJUANA
Marijuana or marijuana concentrate that is cultivated, manufactured, distributed or sold by a licensed retail marijuana establishment or retail marijuana social club.
[Added 5-22-2017]
RETAIL MARIJUANA CULTIVATION FACILITY
An entity licensed to cultivate, prepare and package retail marijuana and sell retail marijuana to retail marijuana establishments and retail marijuana social clubs.
[Added 5-22-2017]
RETAIL MARIJUANA ESTABLISHMENT
A retail marijuana store, a retail marijuana cultivation facility, a retail marijuana products manufacturing facility or a retail marijuana testing facility.
[Added 5-22-2017]
RETAIL MARIJUANA PRODUCT
Concentrated retail marijuana and retail marijuana products that are composed of retail marijuana and other ingredients and are intended for use or consumption, including, but not limited to, edible products, ointments and tinctures.
[Added 5-22-2017]
RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY
An entity licensed to purchase retail marijuana, manufacture, prepare and package retail marijuana products, and sell retail marijuana and retail marijuana products only to other retail marijuana products manufacturing facilities, retail marijuana stores and retail marijuana social clubs.
[Added 5-22-2017]
RETAIL MARIJUANA SOCIAL CLUB
An entity licensed to sell retail marijuana and retail marijuana products to consumers for consumption on the licensed premises.
[Added 5-22-2017]
RETAIL MARIJUANA STORE
An entity licensed to purchase retail marijuana from a retail marijuana cultivation facility and to purchase retail marijuana products from a retail marijuana products manufacturing facility and to sell retail marijuana and retail marijuana products to consumers.
[Added 5-22-2017]
RETAIL MARIJUANA TESTING FACILITY
An entity licensed and certified to analyze and certify the safety and potency of retail marijuana and retail marijuana products.
[Added 5-22-2017]
RETAIL STORE
Any shop or store for the retail sale of goods or personal services, excluding any drive-up service, freestanding retail stand, gasoline service and motor vehicle repair service, new and used car sales and service, and trailer and mobile home sales and service. This shall not include registered dispensaries of medical marijuana, retail marijuana establishments, retail marijuana social clubs, or any other addiction treatment facility as defined in this chapter and by applicable state statutes.
[Amended 2-10-2014; 5-22-2017]
RIDING STABLE
Any place at which horses or ponies are kept for hire either with or without instructions in riding.
RIGHT-OF-WAY
A legally created public or private right to pass over the property of another. A private right-of-way is one that is created through a deed; a public right-of-way may be created through a deed, through dedication and acceptance, through laying out and taking or by public prescriptive use. A street right-of-way shall include all land within the lines of the street, whether improved or unimproved.
RIPRAP
Rocks, irregularly shaped, and at least six inches in diameter, used for erosion control and soil stabilization, typically used on ground slopes of two units horizontal to one unit vertical or less.
RIVER
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.
ROAD
A route or track consisting of a bed of exposed mineral soil, gravel, asphalt, or other surfacing material constructed for or created by the repeated passage of motorized vehicles.
SALT MARSH
Areas along coastal waters (most often along coastal bays) which support salt-tolerant species and where at average high tide during the growing season the soil is regularly inundated by tidal waters. The predominant species is salt marsh cordgrass (Spartina alterniflora). More open areas often support widgeon grass, eelgrass, and sago pondweed.
SALT MEADOW
Areas which support salt-tolerant plant species bordering the landward side of salt marshes or open coastal water, where the soil is saturated during the growing season but which is rarely inundated by tidal water. Indigenous plant species include salt meadow cordgrass (Spartina patens) and black rush; common threesquare occurs in fresher areas.
SCHOOL
A public or private kindergarten, elementary or secondary school, approved as such by the State of Maine, including accessory uses thereto, and providing instructional services to more than 10 students.
SCHOOL, COMMERCIAL
Any facility providing instructional services which is not included in the above definition of "school" with the exception of day-care or nursery schools.
SELF-STORAGE FACILITY
A fully enclosed structure divided into individual, secured units used for the exclusive purpose of temporary storage of nonhazardous business or personal materials.
SENIOR HOUSING
Dwelling units that are exempt under the federal Housing for Older Persons Act, from the prohibition against familial status discrimination, consisting of dwelling units that either:[5]
[Added 7-24-2017; amended 11-22-2017]
A. 
Are intended for, and solely occupied by persons 62 years of age or older; or
B. 
Are intended and operated for occupancy by persons 55 years of age or older. In order to qualify for the 55 or older housing exemption, a facility or community must satisfy each of the following requirements:
(1) 
At least 80% of the units must have at least one occupant who is 55 years of age or older; and
(2) 
The facility or community must publish and adhere to policies and procedures that demonstrate the intent to operate as 55 or older housing; and
(3) 
The facility or community must comply with the United States Housing and Urban Development Agency's regulatory requirements for age verification of residents.
SENIOR HOUSING COMMUNITY
A residential housing development designed for senior housing, which housing may consist of dwelling units in three alternative structures: detached, duplex or multiplex dwellings, and which may or may not include related amenities and services for its residents. Examples of senior housing communities include, but are not limited to:
[Added 7-24-2017; amended 11-22-2017]
A. 
Congregate housing;
B. 
Residential care facility;
C. 
Nursing home.
D. 
Continuing care retirement community;
E. 
Community living arrangement;
F. 
Single-family detached dwellings;
G. 
Duplex dwellings;
H. 
Multiplex dwellings
SETBACK
The shortest horizontal distance between a lot line and any structure on a lot, except that for purposes of regulation of lots, buildings, structures and uses located within the shoreland area, "setback" shall also mean the nearest horizontal distance from the normal high-water line to the nearest part of a structure, road, parking space or other regulated object or area. A street or other right-of-way, other than a driveway that serves no more than two residential lots, that is or may be utilized for motor vehicle access or a street shown on a subdivision plan recorded in the Registry of Deeds in which the Town has reserved its right under the provisions of 23 M.R.S.A. § 3032 shall not be included within a setback. Where a street or other right-of-way that is or may be used for motor vehicle access, other than a driveway that serves no more than two residential lots, is located within the boundaries of a property, the required setback shall be measured from the nearest edge of the street or right-of-way rather than the property line.
SEWER or SEWER FACILITIES
The municipal sewer system.
SHORE FRONTAGE
The length of a lot bordering on a water body measured in a straight line between the intersections of the lot lines with the shoreline at normal high-water elevation.
SHORELAND AREA
The land area located within 250 feet, horizontal distance, of the normal high-water line of any great pond, river or saltwater body; within 250 feet of the upland edge of a coastal or freshwater wetland; or within 75 feet of the normal high-water line of a stream, which land area shall consist of the following overlay zoning districts:[6]
A. 
Shoreland Resource Protection Overlay District.
B. 
Resource Protection/Floodplain Overlay District.
C. 
Limited Residential Overlay District.
D. 
Limited Commercial Overlay District.
E. 
General Development Overlay District.
F. 
Commercial Fisheries/Maritime Activities Overlay District.
G. 
Stream Protection Overlay District.
SIGN
The display of a word or words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, pictures, trade names, or trademarks by which anything is made known.
SIGN, ABANDONED
A sign which no longer identifies or advertises a bona fide business, owner, lessor, lessee, service, product, or activity, or for which no legal owner can be found, or if found, disclaims any interest in the sign.
SIGN, ADVERTISING
A sign which directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the same premises.
SIGN, AWNING
Any sign placed on the face of an awning. An awning is a flexible, woven cloth fabric mounted above and/or projected above a window or door.
SIGN, BUSINESS DIRECTIONAL
A Maine Department of Transportation sign that is located off the premises of a business that directs the public to the specific location of the business.
SIGN, CAMPAIGN OR ELECTION
A sign that advertises a candidate or issue to be voted upon on a definite election day.
SIGN, CANOPY
A sign located on a rigid structure erected over gas pumps at gas filling stations or over other automobile services area.
SIGN, CLUSTER
Two or more signs integrated into one freestanding sign structure.
SIGN, CONSTRUCTION
A sign placed at a construction site identifying or announcing the project or the name of the architect, engineer, contractor, financier, or others involved in the development of the project.
SIGN, DIRECTIONAL OR INSTRUCTIONAL
An on-premises sign designed to guide vehicular and/or pedestrian traffic by using such words as "Entrance," "Exit," "Parking," "One Way" or similar direction or instruction, but not including any advertising message. The name or logo of the business or use to which the sign is giving direction may also be included on the sign.
SIGN, DIRECTORY
A sign which identifies multiple uses in a planned development on a single sign; it may be used for shopping centers, shopping streets or arcades, office complexes, schools, religious institutions, institutional or business campuses, and similar large complexes which have a variety of tenants and/or uses.
SIGN, FLASHING
A sign that uses an intermittent or flashing light source to attract attention.
SIGN, FREESTANDING
A sign on the premises of the business that is not attached to any part of the main structure on the parcel.
SIGN, GOVERNMENT
Any temporary or permanent sign erected and maintained for any governmental purpose.
SIGN, HISTORICAL DESIGNATION
A sign that gives notice that a property is of an historic nature as determined by a state, federal or local government agency.
SIGN, IDENTIFICATION
A sign which displays only the name, address, and/or crest, insignia, trademark, occupation or profession of an occupant or the name of any building on the premises.
SIGN, NONCONFORMING
Any sign which was lawfully erected in compliance with applicable code provisions and maintained prior to the effective date of this chapter and which fails to conform to all applicable standards and restrictions of this chapter.
SIGN, PORTABLE
A freestanding sign not permanently affixed, anchored, or secured to the ground or structure on the lot it occupies.
SIGN, PUBLIC INTEREST
A sign on private property that displays information pertinent to the safety or legal responsibilities of the general public, such as warning and "No Trespassing" signs.
SIGN, REAL ESTATE
A sign that is used to offer for sale, lease, or rent the premises upon which such sign is placed.
SIGN STRUCTURE OR SUPPORT
Any structure that supports or is capable of supporting a sign.
SIGN, TEMPORARY
Any sign intended to be maintained for a continuous period not to exceed 14 days.
SIGN, TEMPORARY PLANNED DEVELOPMENT
A sign that pertains to the development of a new commercial, residential, or mixed-use development while it is under construction.
SIGN, VEHICULAR
A sign on a parked vehicle visible from the public right-of-way where the primary purpose of the vehicle is to advertise a product or to direct people to a business or activity located on the same or nearby property. For the purposes of this chapter, "vehicular sign" shall not include business logos, identification or advertising on vehicles primarily used for other business purposes.
SIGN, WINDOW
A sign painted or posted on an interior translucent surface, including windows or doors. In the case of individually lettered signs, sign area shall be the smallest geometrical shape which contains the letters.
SLAUGHTERING ESTABLISHMENT
A building or other place where animals or poultry, raised elsewhere, are killed or dressed for the market.
SPECIAL EXCEPTION
A use that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in a zoning district by the Board of Adjustment and Appeals, if specific provision for such special exceptions is made in this chapter.
STORY
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
STREAM
For the purposes of Article VII, Nonconforming Uses, Buildings, Structures and Lots, "stream" shall be defined as a free-flowing body of water from the outlet of a great pond or the confluence of two perennial streams as depicted on the most recent 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 or flows to another water body or wetland within a shoreland area. For purposes of the remainder of this chapter, "stream" shall be as defined in 38 M.R.S.A. § 480-B, as amended from time to time.
STREET
Any vehicular right-of-way that is:
A. 
An existing Town, state or county road;
B. 
Shown upon a subdivision plat approved by the Planning Board;
C. 
Accepted or laid out and taken through action of the Town Council;
D. 
A private right-of-way approved by the Town in accordance with the provisions of § 315-61 of this chapter; or
E. 
A street shown on a subdivision plan in which the Town has reserved rights under the provisions of 23 M.R.S.A. § 3032.
STRUCTURAL ALTERATION
Any change to a structure, other than simple replacement in the supporting members, such as posts, columns, plates, joists, or girders.
STRUCTURE
Anything built for the support, shelter, or enclosure of persons, animals, goods, or property of any kind.
SUBSTANTIAL START
Completion of 30% 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 wastes or wastewater on or beneath the surface of the earth. The term shall not include any wastewater discharge system licensed under 38 M.R.S.A. § 414, any surface wastewater disposal system licensed under 38 M.R.S.A. § 413, Subsection 1-A, or any public sewer. The term shall not include a wastewater disposal system designed to treat wastewater which is in whole or in part hazardous waste as defined in Title 38, Chapter 13, Subchapter 1, of the Maine Revised Statutes Annotated.
SUSTAINED SLOPE
A change in elevation where the referenced percent grade is substantially maintained or exceeded throughout the measured area.
TELECOMMUNICATIONS FACILITY
Any structure, antenna, tower, or other device which provides radio/television transmission, telecommunications services, or any other spectrum-based transmissions/receptions, together with the facility's associated antennas, microwave dishes, horns, cables, wires, conduits, ducts, lightning rods, electronic and other types of equipment for the transmission, receipt, distribution or offering of such services.
TIMBER HARVESTING
The cutting and removal of trees from their growing site and the attendant operation of cutting and skidding machinery, but not the construction or creation of roads. "Timber harvesting" does not include the clearing of land for approved construction.
TOWER
Any structure, whether freestanding or in association with a building or other permanent structure, that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and similar structures.
TRADITIONAL SUBDIVISION
A type of development where building lots are at least the minimum lot size for the district in which they are located. A small portion of the lot may remain open and free from development.
[Amended 3-11-2019]
TRAILER
A vehicular portable structure designed as a temporary dwelling for travel or recreational uses, not more than eight feet in body width and 32 feet in body length.
TRIBUTARY STREAM
A channel between defined banks created by the action of surface water, whether intermittent or perennial, and which is characterized by the lack of upland vegetation or presence of aquatic vegetation and by the presence of a bed devoid of topsoil containing waterborne deposits on exposed soil, parent material or bedrock, and which flows to a water body or wetland as defined. This definition does not include the term "stream" as defined elsewhere in this section and only applies to that portion of the tributary stream located within the shoreland zone of the receiving water body or wetland.
UNDUE HARDSHIP
For any sign or height variance or for any structure that is located on a lot that is in whole or in part in a shoreland area, undue hardship shall mean:
A. 
The land in question cannot yield a reasonable return unless a variance is granted.
B. 
The need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood.
C. 
The granting of a variance will not alter the essential character of the locality.
D. 
The hardship is not the result of action taken by the applicant or a prior owner.
UPLAND EDGE
The boundary between upland and wetland.
A. 
A relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for the height, area, and size of a structure or size of setbacks and lot coverage and/or the size of signs; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
B. 
For shoreland areas a variance shall also be authorized for percent of lot coverage, lot width, lot area, setbacks, substantial expansions, and water frontage requirements.
VEGETATION
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.
VETERINARY OFFICE
A professional office for the practice of veterinary medicine and at which related services such as pet boarding and grooming may be offered.
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.
WAREHOUSE AND STORAGE
A use in which materials, goods, or equipment is stored for compensation or in connection with a business operation. Not to include distribution. This shall not include retail marijuana establishments.
[Amended 5-22-2017]
WATER BODY
Any great pond, river, stream or tidal area.
WATER CROSSING
Any project extending from one bank to the opposite bank of a river or stream, whether under, through, or over the watercourse. Such projects include but may not be limited to roads, fords, bridges, culverts, waterlines, sewer lines, and cables as well as maintenance work on these crossings.
WETLAND
For the purposes of Article VII, Nonconforming Uses, Buildings, Structures and Lots, "wetland" shall be a freshwater or coastal wetland as defined herein. For the purposes of the remainder of this chapter, "wetland" shall be defined as a freshwater or coastal wetland, regardless of size, as defined in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands dated January 10, 1989, and as amended from time to time.
WETLANDS 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 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 great ponds or rivers are considered to be part of that great pond or river.
WHOLESALE DISTRIBUTION FACILITIES
Establishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional, or professional business uses, or to other wholesalers, or acting as agents or brokers in buying merchandise for, or selling merchandise to, such individuals or companies. This shall not include registered dispensaries of medical marijuana, retail marijuana establishments, or any other addiction treatment facility as defined in this chapter and by applicable state statutes.
[Amended 2-10-2014; 5-22-2017]
[1]
Editor's Note: Throughout this chapter, the term "bed-and-breakfast inn" was amended to "bed-and-breakfast" 9-10-2012.
[2]
Editor’s Note: The former definition of “dispersed residential development or subdivision,” which immediately followed this definition, was repealed 3-11-2019.
[3]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[4]
Editor's Note: The former definition of "junkyard," which immediately followed this definition, was repealed 7-23-2012.
[5]
Editor’s Note: See 42 U.S.C. § 3601 et seq.
[6]
Editor's Note: See Ch. 226, Shoreland Zoning.