Except where specifically defined in this chapter, all words used in this title carry their customary dictionary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the words "shall" or "must" are always mandatory; "occupied" or "used" are considered as though followed by the words "or intended, arranged or designed to be used or occupied"; and gender-specific words (e.g., she, he, his, hers) include the opposite sex equivalent.
As used in this title, the following terms shall have the meanings indicated:
- That which is contiguous to, or shares, a common boundary line.
- The owner of a property that is contiguous to or shares a common boundary line.
- ABUTTING PROPERTY
- As used herein, relates solely to the notification of property owners who must be notified in writing when new development or redevelopment is proposed within 150 feet of their property boundary(ies). This notification must include intertidal land below the normal high-water line, but not that land beyond 100 rods (1,650 feet) distant from the normal high water line, or that land below the normal low-water line. Where question exists regarding ownership of intertidal lands, consult Figure 1 for Chapter 16.2, entitled, "Formula for Determining Ownership of Intertidal Land as a Guide for Identifying Abutters," attached to this chapter.
- ACCESSORY BUILDING
- A subordinate building on the lot, the use of which is incidental to that of the main or principal building.
- ACCESSORY DWELLING UNIT (ADU)
- A secondary dwelling unit with facilities
used or intended to be used for living, sleeping, cooking, eating,
and sanitary facilities for one or more persons, whether attached
to the principal dwelling unit, detached from it or contained within
it.[Amended 10-28-2019 by Ord. No. 19-09]
- ACCESSORY STRUCTURE
- A structure that is subordinate to and serves a principal building or use on the lot.
- ACCESSORY USE
- A use customarily incidental and subordinate to the principal use and located on the same lot with such principal use.
- A unit of area equal to 43,560 square feet (about 4,047 square
meters).[Added 9-28-2015 by Ord. No. 15-05]
- Land area measured in acres.[Added 9-28-2015 by Ord. No. 15-05]
- ADJACENT GRADE
- The natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.[Added 9-26-2011 by Ord. No. 11-15]
- A. Any business in any use category, a substantial or significant portion of which consists of selling, renting, leasing, exhibiting, displaying or otherwise dealing in materials, actions, and/or devices of any kind which appeal to prurient interest and which depict or describe specified sexual activities, including but not limited to:
- (1) Live entertainment, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which are characterized by the depiction or description of "specified sexual activities," or
- (2) Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."
- AGGRIEVED PARTY
- An owner of land whose property is directly or indirectly affected by the granting or denial of a permit or variance under this title; a person whose land abuts land for which a permit or variance has been granted; or any other person or group of persons who have suffered particularized injury as a result of the granting or denial of such permit or variance.
- The 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.
- ALTERNATIVE TOWER STRUCTURE
- Includes but is not limited to clock towers, bell steeples, utility/light poles, water towers, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers, referred to by the industry as "stealth" technology.
- Any apparatus designed for telephonic, radio, television or similar communications through the sending and/or receiving of electromagnetic waves.
- A room or set of rooms for rent, fitted especially with housekeeping facilities and used as a single dwelling unit.
- APARTMENT BUILDING
- A building arranged, intended or designed to be occupied by three or more families, each living in its own separate dwelling unit.
- The growing or propagation of harvestable freshwater, estuarine or marine plant or animal species.
- AREA OF A SHALLOW FLOODING
- A designated AO or AH Zone on a community's Flood Insurance
Rate Map (FIRM), with a one-percent or greater annual chance of flooding
to an average depth of one to three feet, where a clearly defined
channel does not exist, where the path of flooding is unpredictable,
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.[Added 9-26-2011 by Ord. No. 11-15]
- AREA OF SPECIAL FLOOD HAZARD
- 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 Study cited in § 188.8.131.52, Establishment.[Added 9-26-2011 by Ord. No. 11-15]
- ART STUDIO/GALLERY
- Enclosed place for the exhibition, production and sales of art.
- Any sign of lightweight fabric or similar material that is mounted for display at one or more edges.
- BASAL AREA
- The area of a tree stem derived by measuring the diameter of a standing tree measured 4.5 feet from ground level and inclusive of bark.
- BASE FLOOD
- The flood having a one-percent chance of being equaled or
exceeded in any given year, commonly called the one-hundred-year flood.[Added 9-26-2011 by Ord. No. 11-15]
- An area below the first floor having a floor-to-ceiling height of six feet or more and 50% of its volume below the existing ground. Basements will not be permitted for use as sole living quarters within a dwelling, but may be used as living area, storage or garage space.
- A home occupation in a single-family dwelling in which lodging or lodgings with meals served before noon are offered to the general public for compensation, offering no more than six bedrooms for lodging purposes.
- BEST MANAGEMENT PRACTICE (BMP)
- A structure or practice designed to minimize the flushing
by stormwater and the discharge of pollutants to waterbodies by temporarily
storing and treating urban runoff. BMPs must be used to achieve four
stormwater management objectives identified by Maine DEP: effective
pollutant removal, cooling, channel protection and flood control.[Amended 11-26-2018 by Ord. No. 10-18]
- The surface of any building or structure which is available for hire for advertising goods or services not provided on the premises. Official business directional signs (OBDS) are not considered billboards.
- BOARD OF APPEALS
- The Board of Appeals of the Town of Kittery; may be referred to as the BOA.
- BOAT LAUNCHING FACILITY
- 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.
- BOAT YARD
- A business or gainful occupation where boats are hauled, stored, repaired and/or constructed.
- A building used exclusively for the keeping, repairing and maintenance of boats.
- BREAKAWAY WALL
- A wall that is not part of the structural support of the
building and is intended, through its design and construction, to
collapse under specific lateral loading forces without causing damage
to the elevated portion of the building or supporting foundation system.[Added 9-26-2011 by Ord. No. 11-15]
- A channel between defined banks, including the floodway, associated floodplain wetlands, where the channel is created by the action of surface water and 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.
- A combination of physical space and vertical elements, such as plants, berms, fences or walls, the purpose of which is to separate and screen incompatible land uses from each other.
- BUFFER AREA
- A neutral area separating conflicting areas.
- Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or property. Each portion of a building separated from other portions by a fire wall is considered as a separate structure.
- BUILDING COVERAGE
- The aggregate or the maximum horizontal area of all buildings
on the lot including accessory buildings but excluding cornices, eaves
or gutters projecting not more than 24 inches. Pet shelters, playground
equipment, tree houses, and structures that are not also "buildings"
are not used in calculating building coverage. Additionally, this
is not to be construed to mean the aggregate of floors in a multilevel
building.[Added 5-22-2017 by Ord. No. 17-05]
- BUILDING FRONTAGE
- Linear footage along the face of the building containing the main public entry, commonly labeled "front elevation" on building plans.
- BUILDING MATERIALS AND GARDEN SUPPLY
- A retail establishment primarily engaged in selling lumber and other building materials; paint, glass, floor covering and wallpaper; hardware, drapery and upholstery; flowers and/or nursery stock, lawn and garden supplies; modular homes and mobile homes.
- For the purposes of the sign regulations, any corporation, trust, partnership or other verifiable legal entity with the object of gain, benefit or advantage.
- BUSINESS AND PROFESSIONAL OFFICES
- A building, or portion thereof, in which there are located the offices of a profession or business, including, but not limited to, banks, insurance, realtors, attorneys, appraisers, engineers, architects, landscape architects, accountants, dentists, optometrists and physicians.
- BUSINESS FACILITY
- For the purposes of the sign regulations, a workplace of a business other than an employee's or employer's personal residence.
- BUSINESS SERVICES
- Establishments primarily engaged in providing services to business enterprises on a fee or contract basis, including, but not limited to, advertising, credit agencies, photocopying, commercial graphics, computer programming, cleaning and maintenance services, employment agencies, data processing, consulting and public relations, security and business equipment rental.
- Any area or tract of land use to accommodate two or more visitors, including tents, trailers or other camping outfits, not to be used as permanent residence.
- All parts of the plant of the genus Cannabis whether growing
or not, the seeds thereof, the resin extracted from any part of the
plant and every compound, manufacture, salt, derivative, mixture or
preparation of the plant, its seeds or its resin including cannabis
concentrate. This term does not include industrial hemp, fiber produced
from the stalks, oil, cake made from the seeds of the plant, sterilized
seed of the plant that is incapable of germination or any ingredient
combined with cannabis to prepare topical or oral administrations,
food, drink or any other product. Cannabis also means marijuana.[Added 5-22-2017 by Ord. No. 17-08]
- CANOPY, TREE (TREE CANOPY)
- The more or less continuous cover formed by tree crowns in a wooded area.
- CEMETERY AND BURYING GROUND
- A private or public place set apart for the interment of
the dead. In the absence of an apparent boundary, i.e., fence, stone
wall, survey markers, survey plan, or information from the Kittery
Historical and Naval Society or other reliable historic sources, the
perimeter of the interment area is determined by starting with a ten-foot
distance from existing tombstones and expanded, where necessary, to
form a final rectilinear area.[Added 9-28-2015 by Ord. No. 15-05]
- CERTIFICATE OF COMPLIANCE
- A document signed by the Code Enforcement Officer stating
that a structure is in compliance with all of the provisions of § 184.108.40.206
et seq.[Added 9-26-2011 by Ord. No. 11-15]
- CERTIFICATE OF OCCUPANCY
- A permit issued by the Code Enforcement Officer that authorizes the recipient to make use of property in accordance with the requirements of this title and applicable state and federal requirements.
- The main or essential nature, especially as strongly marked and serving to distinguish.
- CLEAN WATER ACT
- The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq., also known as the "Clean Water Act"), and any subsequent
amendments thereto.[Added 5-22-2017 by Ord. No. 17-06]
- Any timber harvesting on a forested site greater than one acre in size which, over a ten-year period, results in an average residual basal area of trees over six inches in diameter of less than 30 square feet per acre, unless one or both of the following conditions exist:
- A. If after harvesting the average residual basal area of trees over one inch in diameter measured at 4.5 feet above the ground is 30 square feet per acre or more, a clear cut does not occur until the average residual basal area of trees six inches or larger measured at 4.5 feet above the ground is less than 10 square feet per acre; or
- B. After harvesting, the site has a well-distributed stand of trees at least five feet in height that meets the regeneration standards applicable under 12 M.R.S. Chapter 805, § 8869(1).
- CLUSTER MIXED-USE DEVELOPMENT
- A form of land use improvements and/or change, with residential and commercial elements in mixed-use or single-use buildings, in which the dimensional requirements are reduced below that normally required in the applicable zone in return for a requirement providing traffic improvements, utility extensions, permanent open space, and other such improvements that the Planning Board may determine contribute to the enhancement of the project and/or the surrounding environment.
- CLUSTER RESIDENTIAL DEVELOPMENT
- A form of land use improvements and/or change in which the dimensional requirements are reduced below that normally required in the zoning district in which the land use improvements and/or change is located in return for the provision to set aside a portion of the tract as of permanent open space and other environmental enhancements owned and maintained jointly in common by individual lot/unit owners, the Town, or a land conservation organization.
- 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 salt water and occurs primarily in a salt water or estuarine habitat; and any swamp, marsh, bog, beach, flat or other contiguous low land 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.
- CODE ENFORCEMENT OFFICER (CEO)
- The person duly authorized by the Town to carry out the duties as prescribed herein and in the Town Administrative Code.
- The location of more than one telecommunications facility (use) on a tower or alternative tower structure.
- COMMERCIAL FISHERIES/MARITIME ACTIVITIES (USE)
- The active use of lands, buildings, wharves, piers, floats, docks or landings with the principal intent of such activity being the production of income by an individual or legal business entity through the operation of a vessel(s). This activity may be either a principal or accessory use as herein defined.
- COMMERCIAL GREENHOUSE
- A building or structure made primarily of transparent or translucent material used by a business or in the production of income, which is designed and/or used for the indoor propagation and/or cultivation of plants.
- COMMERCIAL KENNEL
- A commercial operation that: 1) provides food and shelter and care of eight or more animals for purposes not primarily related to medical care; or 2) has at any one time eight or more animals for the purpose of commercial breeding.
- COMMERCIAL MARINA USE STRUCTURE
- A structure which is used by a business entity to serve the general public by providing marine-related services.
- COMMERCIAL OR HOME OCCUPATION VESSEL
- The vessel is used for commercial or home occupation use when its principal purpose or use is in the pursuit of one's business or trade for the purpose of earning a livelihood. The burden of proof in establishing the commercial or home occupation use of a vessel lies with the vessel owner.
- COMMERCIAL USE
- 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.
- COMMERCIAL/INDUSTRIAL AND/OR FISHERIES USE STRUCTURE
- A structure which is used by a business entity, Port Authority or municipality having frontage on navigable water and, as its principal use, provides for hire to the general public offshore mooring and/or docking facilities for vessels used for any marine-related commercial, industrial or fisheries use.
- The Town of Kittery and its people.
- COMPACT OR BUILT-UP SECTION
- The "compact or built up section" of the Town means a section of the highway where structures are nearer than 200 feet apart for a distance of 1/4 mile.
- COMPREHENSIVE PLAN
- Any part or element of the plan or policy for the development of the Town, as defined in Title 30-A M.R.S. § 4301, as issued in the Kittery Comprehensive Plan as approved by the Town Council, or subsequent revisions or additions thereto.
- CONFERENCE CENTER
- A facility used for conferences, seminars and meetings, including accessory accommodations for food preparation and eating, recreation, entertainment, resource facilities, and meeting rooms.
- CONSTRUCTION DRAWINGS
- Drawings showing the location, profile, grades, size and type of drains, sewers, water mains, underground fire alarm ducts, pavements, of streets, miscellaneous structures, etc.
- CONSTRUCTION SERVICES
- The performance of work and/or the furnishing of supplies to members of the building trades, such as, but not limited to, plumbing, painting, building, well drilling, carpentry, masonry or electrical installation, which requires, or customarily includes, the storage of materials and/or the location of commercial vehicles at the site.
- CONTIGUOUS LOTS
- Lots which adjoin at any line or point or are separated at any point by a body of water less than 15 feet wide.
- CONTRACTOR, EXCAVATION
- An individual or firm engaged in a business that causes the
disturbance of soil, including grading, filling and removal, or in
a business in which the disturbance of soil results from an activity
that the individual or firm is retained to perform.[Added 10-26-2015 by Ord. No. 15-12]
- CONVALESCENT CARE FACILITY
- A facility that is licensed by the State of Maine to provide nursing care to persons during periods of recovery or rehabilitation. The facility provides nursing care and related rehabilitation services. The facility does not provide hospital services except as incidental to the delivery of nursing care. A convalescent care facility does not include any facility that is defined as an elder-care facility.
- CONVENIENCE STORE, NEIGHBORHOOD GROCERY FACILITIES
- A retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages and other household supplies to customers who purchase only a relatively few items (in contrast to a grocery store). It is designed to attract and depends upon a large volume of stop-and-go traffic. Supplementing these uses with accessory gasoline sales requires additional parking and traffic considerations.
- CORNER LOT
- In zones where yards are required:
- A. Such corner lots, located at the intersection of two streets, are deemed to have a side rather than a front yard between the principal building and the side street. Such side yard may not be less than the front yard requirements of uses located on the side street.
- B. Such corner lots, located at the intersection of two streets, are deemed to have a side rather than a rear yard between the principal building and the abutting property on the side street. Such side yard may not be less than the side yard requirements of uses located on the side street.
- C. All such side yards described above must conform to the specific regulations related to yard space and related building height contained in the district provisions of this title.
- COVERAGE (LOT, BUILDING)
- See definition for "building coverage."[Amended 5-22-2017 by Ord. No. 17-05]
- CUTOFF FIXTURE
- A lighting fixture or luminaire that controls glare by directing light well below the horizontal. A cutoff fixture limits the direction of light so that a maximum of 2 1/2% of the total lamp lumens shine above 90° or a line parallel to the surface of the ground and a maximum of 10% of the lamp lumens shine above 80°, including any above 90°, as shown in the following sketch.
- A calendar day unless otherwise indicated.
- DAY-CARE FACILITY
- A house or other place conducted or maintained by anyone who provides on a regular basis and for consideration, care and protection for three or more unrelated children under 16 years of age, who are unattended by their parent(s) or guardian(s), for any part of a day. There must be a minimum of 50 square feet of fenced outside play area for each child enrolled. Any facility, the chief purpose of which is to provide education, is not considered a day-care facility.
- An unenclosed, unroofed exterior platform structure, with or without railings, which is elevated above ground and is typically of wood construction, whether attached to a building or freestanding. A deck is not a water-dependent structure.
- DESIGNATED HISTORIC BUILDING
- A building listed on or located within a historic district listed on the National Register of Historic Places or a list of historic buildings or local historic districts published by the Maine Historic Preservation Office, or contained in the Town's adopted Comprehensive Plan.
- DESIGN HANDBOOK
- A handbook which is intended to supplement, illustrate and
amplify various sections of this Title 16, Land Use and Development
Code, and which is on file in the Town offices.[Added 5-30-2018 by Ord. No. 04-18]
- DEVEGETATED AREA
- The total area of all existing and proposed structures, driveways,
parking areas and other nonvegetated surfaces located in the Shoreland
Overlay and Resource Protection Zones.[Added 7-25-2016 by Ord. No. 16-03]
- Any person, firm, corporation or other legal entity that makes application for any type of development within the Town.
[Amended 7-25-2016 by Ord. No. 16-02]
- DEVELOPMENT PLAN
- See "master site development plan."
- DIMENSIONAL REQUIREMENTS
- Numerical standards relating to spatial relationships, including, but not limited to, setbacks, lot width and area, shore frontage, percent of lot coverage 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.
- For the purposes of stormwater regulation, means any spilling,
leaking, pumping, pouring, emptying, dumping, disposing or other addition
of pollutants to "waters of the state." "Direct discharge" or "point
source" means any discernible, confined and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation or vessel or other floating craft, from which pollutants
are or may be discharged.[Added 5-22-2017 by Ord. No. 17-06]
- DISTURBED AREA
- Land altered by the clearing of vegetation, grading, excavation and redevelopment. The cutting of trees without grubbing, stump removal, and the disturbance or exposure of soil is not considered to be disturbed area. Work performed in order to continue the original line and grade, hydraulic capacity, and the original purpose of the land or the improvements thereon is not considered to be disturbed area.
- The slip or waterway extending between two piers or projecting wharves or cut into the land for the reception of vessels.
- DRAINAGE DITCH
- A man-made, regularly maintained channel, trench or swale for conducting water that has a direction of flow to remove surface water or groundwater from land by means of gravity. For the purposes of this title, any new activity that reroutes a streambed or dredges a wetland is not considered to be a "drainage ditch." Where a drainage ditch widens out into a larger wetland, a route no more than 12 feet in width can be considered to be the drainage ditch. The remainder is considered wetlands unless it is demonstrated that the originally developed drainage ditch was designed to be greater than 12 feet in width.
- DRAINAGE STRUCTURE
- Any stormwater run-off control system designed to manage
stormwater on a site, including but not limited to underdrain soil
filter (USF) ponds, stormwater detention ponds, bioretention cells,
or other similar engineered systems.[Added 12-10-2018 by Ord. No. 12-18]
- To move or remove, by digging, scraping, scooping or suctioning, any earth, sand, silt, mud, gravel, rock or other material from the bottom of a water body or wetland surface.
- A vehicular accessway less than 500 feet in length serving two lots or less.
- A building designed or used as the living quarters for one or more families. The term does not include motel, rooming house, hotel, inn, club, trailer or structures solely used for transient or overnight occupancy.
- DWELLING UNIT
- A room or group of rooms forming a habitable unit for one family, with facilities used or intended to be used for living, sleeping, cooking, eating and sanitary facilities. It comprises at least 650 square feet of habitable floor space, except for elderly housing, an accessory dwelling unit or a temporary, intrafamily dwelling unit. The term does not include a trailer.
- DWELLING UNIT (IN THE SHORELAND AND RESOURCE PROTECTION OVERLAY ZONES)
- 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 includes mobile homes and rental units that contain cooking,
sleeping, and toilet facilities regardless of the time period rented.
Recreational vehicles are not dwelling units.[Added 1-28-2015 by Ord. No. 15-01]
- The authorization of a property owner for the use by another, and for a specified purpose, of any designated part of the owner's property.
- The projecting lower edges of a roof overhanging the wall of the building.
- ELDER-CARE FACILITY
- A residential facility occupied principally by residents who are at least 55 years of age (or in the case of a couple, at least one of whom is at least 55 years of age) that provides a program of services to its residents. Occupants of the facility may also include handicapped individuals of any age. The facility includes shared community space and shared dining and kitchen facilities that are used on a daily basis by at least some of the residents of the facility. The housing accommodations in the facility can be either dwelling units or residential care units or a combination of the two. The facility may include facilities for allied health services, social services and personal services such as physical and occupational therapy, a beauty shop, recreational programs, elderly day care, and similar programs. The use of these facilities must be accessory to the primary residential use of the facility but may be open to nonresidents of the facility. The service component can vary to meet the needs of the residents but must include at least one meal a day for some of the residents of the facility. The definition of elder-care facility includes a variety of accommodations that provide both housing and supportive services for the residents, including facilities that are typically referred to as independent living units, congregate care units, assisted living units, dementia or Alzheimer's units, or hospice units, but does not include housing units that do not provide supportive services or a nursing care or convalescent care facility that provides nursing services.
- ELDERLY DAY-CARE FACILITY
- A facility that provides short-term care, supervision and recreation and social activities for elderly and handicapped individuals, in which the participants do not stay overnight.
- ELDERLY HOUSING
- A residential use occupied principally by residents who are at least 55 years of age (or in the case of a couple, at least one of whom is at least 55 years of age) in which the accommodations are all dwelling units with private bathrooms and cooking facilities. Occupants of this residential use may also include handicapped individuals of any age. This housing does not provide a regular program of services to all of its residents although individual residents may arrange for the provision of services within the facility. Elderly housing includes very limited shared community space and shared dining and kitchen facilities but may include limited facilities for allied health services, social services and personal services such as physical and occupational therapy, a beauty shop, recreational programs, elderly day care, and similar programs. The use of these facilities must be accessory to the primary residential use of the facility but may be open to nonresidents of the facility. Elderly housing does not include elder-care facilities that are typically referred to as independent living units, congregate care units, assisted living units, dementia or Alzheimer's units or hospice units, or a nursing care or convalescent care facility that provides nursing services.
- A. A nonbasement building:
- (1) Built, in the case of a building in Zone A1 — 30, AE, A, A99, AO or AH, to have the top of the elevated floor, elevated above the ground level by means of pilings, columns, post, piers or "stilts"; and
- (2) Adequately anchored so as not to impair the structural integrity of the building during a flood of up to one foot above the magnitude of the base flood.
- B. In the case of Zone A1 — 30, AE, A, A99, AO or AH, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls less than three feet in height with openings sufficient to facilitate the unimpeded movement of floodwaters.
[Added 9-26-2011 by Ord. No. 11-15]
- ELEVATION CERTIFICATE
- An official form (FEMA Form 81-31, 05/90, as amended) that:[Added 9-26-2011 by Ord. No. 11-15]
- EMERGENCY OPERATIONS
- Operations conducted by or on behalf of the municipality for the public health, safety or general welfare, such as protection of resources from immediate destruction or loss, law enforcement and operations to rescue human beings, property and livestock from the threat of destruction or injury.
- ESSENTIAL SERVICES
- The construction, alteration or maintenance of gas, electrical or communication facilities; steam, fuel, electric power or water transmission or distribution lines, towers and related equipment; telephone cables or lines, poles and related equipment; gas, oil, water, slurry, or other similar pipelines; municipal sewage lines, collection or supply systems; and associated storage tanks. Such systems may include towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms, all police call boxes, traffic signals, hydrants and similar accessories, but do not include service drops or buildings which are necessary for the furnishing of such services.
- EXEMPT PERSON OR DISCHARGE
- For the purposes of stormwater regulation, means any person
who is subject to a multi-sector general permit for industrial activities,
a general permit for construction activity, a general permit for the
discharge of stormwater from the Maine Department of Transportation
and the Maine Turnpike Authority, municipal separate storm sewer systems,
or a general permit for the discharge of stormwater from state or
federally owned authority, municipal separate storm sewer system facilities,
and any nonstormwater discharge permitted under a National Pollutant
Discharge Elimination System permit, waiver, or waste discharge license
or order issued to the discharger and administered under the authority
of the U.S. Environmental Protection Agency (EPA) or the Maine Department
of Environmental Protection (DEP).[Added 5-22-2017 by Ord. No. 17-06]
- EXPANSION OF STRUCTURE
- An increase in the floor area or volume of a structure, including all extensions, such as, but not limited to, piers or attached decks, garages, porches and greenhouses.
- EXPANSION OF USE
- The addition of weeks or months to a use's operating season; additional hours of operation; or the use of more floor area or ground area devoted to a particular use.
- The Federal Aviation Administration.
- One or more persons occupying premises and living as a single housekeeping unit.
- FAST-FOOD OUTLETS, DRIVE-IN RESTAURANT, OR SNACK BAR
- Any establishment whose principal business is the sale of foods, frozen desserts or beverages in ready-to-consume individual servings, for consumption either within the building or for carry-out, and the establishment includes a drive-up or drive-through service facility, a takeout window, or offers curb service.
- The Federal Communications Commission.
- FEATHER FLAG
- A type of banner taller than it is wide, shaped similarly
to a feather, and affixed to the ground at one end.[Added 12-10-2018 by Ord. No. 11-18]
- Materials such as select soils, rock, sand and gravel added to a land area or wetland area.
- The act of adding and/or placing fill into or upon a land area or wetland area.
- FINAL SUBDIVISION PLAN
- The final drawings on which an applicant's plan of a subdivision is presented to the Planning Board for approval and which, if approved, must be filed for the record with the Municipal Clerk and York County Registry of Deeds.
- FINGER FLOAT
- A float extending from the main float of a pier, ramp and float system that creates slips and/or increases the pier or float edge available for mooring boats.
- Any fabric containing distinctive colors, patterns or symbols, used as a symbol of a government or recognized political subdivision.
- A platform that floats and is anchored, moored or secured at or near the shore, used for landing or other purposes.
- FLOOD ELEVATION STUDY
- An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.[Added 9-26-2011 by Ord. No. 11-15]
- FLOOD HAZARD ZONE
- That portion of land which has one-percent chance of flooding in any given year, as designated on Flood Insurance Rate Maps issued by the Federal Insurance Administration, if available, or on Flood Hazard Boundary Maps issued by the Federal Insurance Administration.
- FLOOD INSURANCE RATE MAP (FIRM)
- An official map of a community on which the Administrator
of the Federal Insurance Administration has delineated both the special
hazard areas and the risk premium zones applicable to the community.[Added 9-26-2011 by Ord. No. 11-15]
- FLOOD INSURANCE STUDY
- See "flood elevation study."[Added 9-26-2011 by Ord. No. 11-15]
- B. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents or water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A(1) of this definition.
- FLOOD, ONE-HUNDRED-YEAR
- The highest level of flood that, on the average, is likely to occur once every 100 years (that has a one-percent chance of occurring in any given year).
- FLOODPLAIN MANAGEMENT
- The operation of an overall program of corrective and preventive
measures for reducing flood damage, including, but not limited to,
emergency preparedness plans, flood control works, and floodplain
management regulations.[Added 9-26-2011 by Ord. No. 11-15]
- FLOODPLAIN MANAGEMENT REGULATIONS
- Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance, and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.[Added 9-26-2011 by Ord. No. 11-15]
- FLOODPLAIN or FLOOD-PRONE AREA
- Any land area susceptible to being inundated by water from
any source (see "flood").[Added 9-26-2011 by Ord. No. 11-15]
- Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and contents.[Added 9-26-2011 by Ord. No. 11-15]
- See "regulatory floodway."[Added 9-26-2011 by Ord. No. 11-15]
- FLOODWAY ENCROACHMENT LINES
- The lines marking the limits of floodways on federal, state
and local floodplain maps.[Added 9-26-2011 by Ord. No. 11-15]
- FLOOR AREA
- The sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls, plus the horizontal area of any unenclosed portions of a structure such as porches and decks.
- FOOD STORE
- A retail establishment primarily engaged in the selling of a limited line of food items for home consumption, such as, but not limited to, meat and seafood markets, fruit and vegetable markets, and retail bakeries.
- FOREST MANAGEMENT ACTIVITIES
- Timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, management planning activities, timber stand improvement, pruning, regeneration of forest stands, and other similar or associated activities, exclusive of timber harvesting and the construction, creation or maintenance of roads.
- FORESTED WETLAND
- A fresh water wetland dominated by woody vegetation that is 20 feet tall or taller.
- The supporting substructure of a building or other structure, including, but not limited to, basements, slabs, sills, posts or frost walls.
- A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors, such as wave action, bridge openings,
and the hydrological effect of urbanization of the watershed, that
could contribute to flood heights greater than the height calculated
for a selected size flood and floodway conditions.[Added 9-26-2011 by Ord. No. 11-15]
- FRESHWATER WETLAND
- Noncoastal types of wetlands, including, but not limited to, freshwater swamps, marshes, bogs and similar areas.
- A. Freshwater swamps, marshes, bogs and similar areas, other than forested wetlands, which are:[Added 5-22-2017 by Ord. No. 17-04]
- (1) 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
- (2) Inundated or saturated by surface- 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 in 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 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, excluding recreational boat storage buildings, shipyards and boat-building facilities, marinas, navigation aids, 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.
- That process in which one stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his/her control or influence, upon an agreement or understanding that he, she or someone else will receive something of value in the event of a certain outcome. Gambling does not include bona fide business transactions valid under the law of contracts, including, but not limited to, contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including, but not limited to, contracts of indemnity or guaranty and life, health or accident insurance.
- GAMBLING CASINO
- A building, structure or other facility used to allow, conduct, hold, maintain or operate a game of chance, game of skill, electronic video machine, roulette, high-stakes beano or bingo, slot machines, or any other type of gambling activity. A gambling casino does not include a building structure or other facility when used incidentally by any bona fide nonprofit charitable, educational, political, civic, recreational, paternal, patriotic or religious organizations, or a volunteer fire department or other public safety nonprofit organization when used for the conduct of any beano, bingo, raffles, games of chance, or other activities specifically permitted by Maine State Statute, provided that such nonprofit organizations do not exist primarily to operate such activities and that all requirements of state statute, including all requirements for licensing by the Chief of the Maine State Police, are strictly met.
- GAMBLING DEVICE
- Any device, machine, paraphernalia or equipment that is used or usable in the playing phases of any gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine. However, lottery tickets and other items used in the playing phases of lottery schemes are not gambling devices within this definition.
- A. Any game, contest, scheme or device in which:
- (1) A person stakes or risks something of value for the opportunity to win something of value;
- (2) The rules of operation or play require an event, the result of which is determined by chance, outside the control of the contestant or participant; and
- (3) Chance enters as an element that influences the outcome in a manner that cannot be eliminated through the application of skill.
- B. As used in this definition, "an event the result of which is determined by chance" includes, but is not limited to, a shuffle of a deck or decks of cards, a roll of a die or dice, or a random drawing or generation of an object or objects that may include, but are not limited to, a card or cards, a die or dice, a number or numbers, or simulations of any of these. A shuffle of a deck or decks of cards, a roll of a die or dice, a random drawing or generation of an object or objects, or some other event the result of which is determined by chance that is employed to determine impartially the initial order of play in a game, contest, scheme or device does not alone make a game, contest, scheme or device a game of chance.
- GAME OF SKILL
- Any game, contest, scheme or device in which a person stakes or risks something of value for the opportunity to win something of value and that is not a game of chance.
- GASOLINE SALES
- The retail sales of fuel for motor vehicles, including, but not limited to, gasoline, diesel fuel, bio-diesel, kerosene, ethanol, propane and hydrogen, and related goods and services. The gasoline sales can be the principal use or accessory to another principal use, such as a convenience store or other retail or service use.
- GASOLINE SERVICE STATION
- An establishment for the retail sales of fuel for motor vehicles, including, but not limited to, gasoline, diesel fuel, bio-diesel, kerosene, ethanol, propane and hydrogen, and related goods and services, and may provide service and minor repairs for motor vehicles.
- Excessive brightness that makes it difficult to see or that causes discomfort. Glare includes direct glare, disability glare, and discomfort glare, as follows:
- GRADE PLANE
- A reference plane representing the average of finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane is to be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet (1,829 mm) from the building, between the building and a point six feet (1,829 mm) from the building.
- GROCERY STORE
- A retail establishment primarily selling prepackaged food products and household items for home preparation and consumption.
- GROSS FLOOR AREA
- The sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls or a roof, plus the horizontal area of portions of the site used for customer seating, display of merchandise, or outdoor sales.
- GROUND COVER
- Small plants, fallen leaves, needles and twigs, and the partially decayed organic matter of the forest floor.
- HAZARDOUS WASTE
- As defined in 38 M.R.S. § 1319-O, a waste substance or material in any physical state, designated as hazardous by the Board of Environmental Protection under 38 M.R.S. § 1303-C.
- HEIGHT OF BUILDING
- The vertical measurement from the average grade between the highest and lowest elevation of the original ground level to the highest point of the roof beams in flat roofs; to the highest point on the deck of mansard roofs; to a level midway between the level of the eaves and highest point of pitched roofs or hip roofs; or to a level 2/3 of the distance from the level of the eaves to the highest point of gambrel roofs. For this purpose, the level of the eaves is taken to mean the highest level where the plane of the roof intersects the plane of the outside wall on a side containing the eaves. This is not intended to include weather-vanes or residential antennas that protrude from a roof, but does include all towers, excepting those utilized for amateur radio communications, and other structures. Building height restrictions do not apply to roadside utility poles approved by the Town Council of less than 45 feet in height above ground.
- HEIGHT OF STRUCTURE
- The vertical distance between the mean original grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, steeples, antennas and similar appurtenances which have no floor area.
- HEIGHT OF WIRELESS COMMUNICATION SERVICES FACILITIES
- The distance measured from ground level to the highest point on the tower or other structure, even if such highest point is an antenna.
- HIGH INTENSITY SOIL SURVEY
- A map prepared by a certified soil scientist using the guidance defined and prepared by the Maine Association of Professional Soil Scientists. The soils must be identified in accordance with the National Cooperative Soil Survey. The map must show the location of all test pits used to identify the soils, and be accompanied by a log of each sample point, identifying the textural classification and the depth to seasonal high-water table or bedrock at that point. Evaluations of single soil test pits for subsurface waste disposal do not meet the requirements for high intensity soil surveys and are not suitable replacement.
- HISTORIC STRUCTURE
- Any structure that is:[Added 9-26-2011 by Ord. No. 11-15]
- A. Listed individually on the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
- B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;
- C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
- D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
- HOME OCCUPATION
- Any activity carried out for gain by a resident of the premises with the permission of the property owner and conducted as an accessory use to the principal residential use.
- HOME OCCUPATION, MAJOR
- A type of home occupation that fails to meet all of the standards for a "minor home occupation" established in § 220.127.116.11, but is found by the Board of Appeals to satisfy the standards established in § 18.104.22.168 to ensure that a business results in no more than a minor intrusion in the quality of life of residents in the surrounding neighborhood.
- HOME OCCUPATION, MINOR
- The least intensive type of home occupation that meets the standards established in § 22.214.171.124 to ensure compatibility with the surrounding neighborhood.
- An institution specializing in providing inpatient and outpatient treatment and emergency services of a medical nature to human patients. A hospital may include the offices or facilities of independent service providers and/or a freestanding outpatient clinic or diagnostic facility that operates as part of, or an adjunct to, the main facility.
- A building in which lodging or boarding and lodging capabilities are provided for more than 20 persons, and offered to the public for compensation, and in which ingress and egress to and from rooms are made primarily through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a rooming house or a motel, which are separately defined in this section.
- HYDRIC SOIL
- A soil that in its undrained condition is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of wetland (hydrophytic) vegetation. Soils found in Kittery which may be considered hydric soils include but are not limited to: Biddeford, Brayton, Chocorua, Rumney, Scantic, Sebago, Vassalboro, Naumberg, Raynham and Waskish. All hydric soils listed in the Natural Resources Conservation Service list entitled "National Hydric Soils List by State" are included for consideration in this title. (http://soils.usda.gov/use/hydric/lists/state.html)
- HYDROPHYTIC VEGETATION
- Plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. Hydrophytic vegetation includes plants classified as obligate wetland, facultative wetland, or facultative in the U.S. Fish and Wildlife Service publication National List of Plant Species That Occur in Wetlands: 1988 – Maine, as amended or superseded. This publication is available at the municipal offices for inspection.
- ILLICIT DISCHARGE
- For the purposes of stormwater regulation, means any discharge
to the small municipal separate storm sewer system (MS4) that does
not consist entirely of stormwater or authorized nonstormwater discharges.[Added 5-22-2017 by Ord. No. 17-06]
- IMPROVEMENT PLANS
- Maps, plans, profiles, studies, cross sections and other required details for the construction of all improvements.
- INDIVIDUAL PRIVATE CAMPSITE
- An area of land which is not associated with a campground, but which is developed for repeated camping by only one group not to exceed 10 individuals and no more than two recreational vehicles, 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.
- INDUSTRIAL ACTIVITY
- For the purposes of stormwater regulation, means activity
or activities subject to National Pollutant Discharge Elimination
System industrial permits as defined in 40 CFR 122.26(b)(14).[Added 5-22-2017 by Ord. No. 17-06]
- INDUSTRY, HEAVY
- A facility and/or site used in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
- INDUSTRY, LIGHT
- A facility used in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, blending, packaging, inside an enclosed structure. Basic industrial processing, such as paper manufacturing, petroleum processing, manufacture of explosives, production of chemicals or fertilizer, are not light industrial uses.
- A commercial place of lodging which contains a dwelling unit occupied by an owner or resident manager, which has 12 or fewer guest rooms, and may include a restaurant which also serves non-guests. Rentals to the same party for more than 12 weeks in a calendar year are prohibited.
- INTERMITTENT STREAM
- A channel of a stream, river or brook that is without flowing surface water for at least one month of a year.
- INVASIVE NONNATIVE PLANT
- Grasses, forbs, shrubs or trees not native to the State of Maine and which proliferate in and dominate vegetation to the exclusion or elimination of native plants.
- JULY 13, 1977
- That date upon which a complete revision of the first zoning ordinances was adopted by the Town and upon which certain existing nonconforming conditions are considered to be protected (grandfathered).
- A lot or part thereof exposed to the elements, which is used for the sale or for the storage, keeping or abandonment of junk or scrap materials, or the storage, dismantling, demolition, abandonment or sale of construction equipment or machinery, or parts thereof or of unregistered automobiles or other vehicles not in condition for use on the public highway.
- A place for loading or discharging persons or goods, as from a vessel.
- LANDSCAPE PLANTER STRIP
- A vegetated area (naturally vegetated and/or landscaped) located adjacent and parallel to a road or street and designed to visually and functionally separate the roadway from the abutting property upon which it is located.
- LARGE, HEALTHY TREE
- A tree with a diameter at breast height (dbh) of at least 12 inches and which does not exhibit any indicators of stress, damage, disease or decay that will limit its expected additional life to less than 20 years.
- LEGALLY NONCONFORMING
- It was lawfully created but became nonconforming due to a change in the Town Code.
- LEGISLATIVE BODY
- Town Council.
- LIGHT FIXTURE HEIGHT
- The vertical distance between the surface that will be illuminated by the fixture and the bottom of the light source (see "cutoff fixture" diagram).
- LINER BUILDING
- A building that lines the edge of a street or other public
space. Liner buildings are typically used to shield public space,
like a street or sidewalk, from something less desirable to view,
such as a parking garage. They can also be used to enclose a space
such as protecting a courtyard from a busy street. Where allowed,
a liner building must be a minimum of eight feet deep and a maximum
of 14 feet deep.[Added 11-26-2018 by Ord. No. 10-18]
- LOCALLY ESTABLISHED DATUM
- For purposes of Article VIII of Chapter 16.9, an elevation
established for a specific site to which all other elevations at the
site are referenced. This elevation is generally not referenced to
the National Geodetic Vertical Datum (NGVD) or any other established
datum and is used in areas where mean sea level is too far from a
specific site to be practically used.[Added 9-26-2011 by Ord. No. 11-15]
- A parcel of land, legally created and recorded, having frontage upon an approved public or private street; or a tract of land legally created and recorded prior to July 13, 1977.
- LOT AREA
- The area of land enclosed within the boundary lines of a lot, minus:
- LOT WIDTH
- The horizontal distance between the side lot lines, measured at the setback lines.
- LOW IMPACT DEVELOPMENT (LID)
- The site-based process of developing land while minimizing
impacts on water resources and infrastructure. LID replicates the
natural hydrology of a site.[Added 11-26-2018 by Ord. No. 10-18]
- LOW INTENSITY RECREATION
- Outdoor recreational activities which have a low impact on the environment and neighborhood and require no motorized vehicles, significant earthmoving or substantial structures, such as hiking, fishing, canoeing, hunting, cross-country skiing, and wildlife observation and study. Benches and boardwalks, steps, railings and other structures necessary to provide safe accessibility for physically handicapped persons are allowed.
- LOWEST FLOOR
- The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement
area, is not considered a building's lowest floor, provided that
such enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements described in § 126.96.36.199.[Added 9-26-2011 by Ord. No. 11-15]
- A standard measure of light energy generated by a light source, normally reported by the manufacturer of the lamp or bulb.
- MANUFACTURED HOUSING
- A structural unit or units designed for occupancy and constructed
in a manufacturing facility and transported by the use of its own
chassis, or placed on an independent chassis, to a building site.
The term includes any type of building which is constructed at a manufacturing
facility and then transported to a building site where it is utilized
for housing, and may be purchased or sold by a dealer in the interim.
For purposes of this Code, two types of manufactured housing are included:
mobile homes and modular homes. For floodplain management purposes,
the term "manufactured housing" also includes park trailers, travel
trailers, and other similar vehicles placed on a site for more than
180 consecutive days.[Amended 9-26-2011 by Ord. No. 11-15]
- Cannabis.[Added 5-22-2017 by Ord. No. 17-08]
- MARIJUANA MEDICAL USE
- The cultivation, manufacturing, or distribution of cannabis
by a medical marijuana cultivation facility, a medical marijuana dispensary,
a medical marijuana testing facility, or a primary caregiver, as defined
in § 16.2.2 of this Code. This definition is not intended
to restrict a caregiver that is a licensed hospice provider, long-term
nursing care facility or convalescent care facility from distributing
cannabis to their qualifying patients, per 22 M.R.S., Maine Medical
Use of Marijuana Act.[Added 5-22-2017 by Ord. No. 17-08]
- MARIJUANA RETAIL USE
- The cultivation, manufacture, distribution or selling of
cannabis by a retail marijuana establishment or retail marijuana social
club, as referenced in 7 M.R.S. § 2442.[Added 5-22-2017 by Ord. No. 17-08]
- A principal marine use as listed in §§ 188.8.131.52B and 184.108.40.206 of this title.
- 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.
- MASS TRANSIT STATION
- A place where people transfer between modes of transportation or any premises for the transient housing or parking of buses, trains or ride-sharing vehicles and the loading and unloading of passengers.
- MASTER SITE DEVELOPMENT PLAN
- A conceptual, integrated design and infrastructure plan for the development of a master planned property, in which:
- MEAN SEA LEVEL
- For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to
which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.[Added 9-26-2011 by Ord. No. 11-15]
- MECHANICAL SERVICE
- Establishments primarily engaged in mechanical or electronic repair or maintenance of motorized or mechanical equipment, such as, but not limited to, welding repair, small engine repair, tool sharpening, and refrigeration and air-conditioning repair, but excluding repair garages.
- MEDICAL MARIJUANA CULTIVATION FACILITY
- A facility registered in accordance with 22 M.R.S. § 2428
that cultivates and manufactures marijuana or related supplies for
a registered medical marijuana dispensary under common management
and operating under the same state and local license(s).[Added 5-22-2017 by Ord. No. 17-08]
- MEDICAL MARIJUANA DISPENSARY
- A not-for-profit entity registered under 22 M.R.S. § 2428
that acquires, possesses, cultivates, manufactures, delivers, transfers,
transports, sells, supplies or dispenses marijuana or related supplies
and educational materials to qualifying patients who have designated
the dispensary to cultivate marijuana for their medical use, and the
primary caregivers of those patients.[Added 5-22-2017 by Ord. No. 17-08]
- MEDICAL MARIJUANA QUALIFYING PATIENT or PATIENT
- A person who has been diagnosed by a medical provider as
having a debilitating medical condition and who possesses a valid
written certification regarding medical use of marijuana, as defined
under 22 M.R.S. § 2422.[Added 5-22-2017 by Ord. No. 17-08]
- MEDICAL MARIJUANA TESTING FACILITY
- A public or private laboratory that:[Added 5-22-2017 by Ord. No. 17-08]
- A. Is licensed, certified or otherwise approved under 22 M.R.S. § 2423-A to analyze contaminants in, and the potency and cannabinoid profile of, samples; and
- B. Is accredited pursuant to standard International Standards Organization/International Electrotechnical Commission 17025 of the International Organization for Standardization by a third-party accrediting body or is certified, registered, or accredited by an organization approved by the state.
- MINERAL EXTRACTION
- Any operation within any twelve-month period which removes more than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat or other like material from its natural location and to transport the product removed away from the extraction site.
- MINERAL/EARTH MATERIAL EXPLORATION
- Hand sampling, test boring or other methods of determining the nature or extent of mineral/earth resources which create minimal disturbance to the land and which include reasonable measures to restore the land to its original condition.
- MINI STORAGE
- A commercial facility for the storage of consumer or business property on a rental basis in which the tenant receives the exclusive use of a storage unit or locker and can access the unit to drop off or retrieve property at designated times.
- MINIMUM LAND AREA PER DWELLING UNIT
- Minimum land area referenced in Chapter 16.3, Article II,
Zoning Definitions, Uses and Standards, of this title means the gross
area of a parcel not subject to subdivision regulations minus the
land area listed below. Where land areas to be subtracted overlap,
the area therein shall be subtracted once. For land area subject to
subdivision, see "net residential acreage."[Added 9-28-2015 by Ord. No. 15-05]
- A. All land located below the highest annual tide elevation as published in the Maine DEP Highest Annual Tide (HAT) levels for the most-current year.
- B. All wetlands as defined in the definition of "wetland," as well as vernal pools, ponds, streams and other water bodies.
- C. All land located on filled tidal lands, per the definition of "tidal land, filled."
- D. All land located within existing rights-of-way and other existing easements wherein dwelling units cannot be built.
- MIXED-USE BUILDING
- A building occupied by two or more types or categories of principal uses (for example, residential and office, or office and retail) in which any category of uses occupies at least 10% of the gross floor area of the building.
- MOBILE HOME PARK
- A parcel of land under unified ownership approved by the Planning Board for the placement of three or more manufactured homes.
- MOBILE HOME PARK LOT
- The area of land on which an individual mobile home may be
situated within a mobile home park and which is reserved for use by
the occupants of that home.[Amended 9-24-2012 by Ord. No. 12-11]
- MOBILE HOMES
- Those units constructed after June 15, 1976, which the manufacturer certifies are constructed in compliance with the United States Department of Housing and Urban Development (HUD) standards; meaning structures, transportable in one or more sections, which, in the traveling mode, are 14 body feet or more in width and are 750 or more square feet, and which are built on a permanent chassis and designed to be used as dwellings, with or without permanent foundation, when connected to the required utilities, including the plumbing, heating, air-conditioning or electrical systems contained therein; except that the term includes any structure which meets all the requirements of this paragraph, except the size requirements, and with respect to which the manufacturer voluntarily files a certification required by the HUD Secretary and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, Title 42 U.S.C. § 5401 et seq.
- MODULAR HOME
- A unit commonly called a "modular home," which the manufacturer
certifies is constructed in compliance with the State of Maine's
Manufactured Housing Act and Regulations, meaning structures, transportable
in one or more sections, which are not constructed on a permanent
chassis and are designed to be used as dwellings on foundations when
connected to required utilities, including the plumbing, heating,
air-conditioning, or electrical systems contained therein.[Amended 9-24-2012 by Ord. No. 12-11]
- A building or group of detached or connected buildings designed, intended or used primarily to provide sleeping accommodations without cooking facilities for travelers for compensation and having a parking space adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge is deemed to be a motel.
- MULTIUNIT RESIDENTIAL
- A residential structure containing three or more residential dwelling units.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4
- A conveyance or system of conveyances designed or used for
collecting or conveying stormwater [other than a publicly owned treatment
works (POTW), as defined at 40 CFR 122.2, or a combined sewer], including,
but not limited to, roads with drainage systems, municipal streets,
catch basins, curbs, gutters, ditches, human-made channels or storm
drains owned or operated by any municipality, sewer or sewage district.
Maine Department of Transportation (MaineDOT), Maine Turnpike Authority
(MTA), state agency or federal agency or other public entity that
discharges directly to waters of the state other than groundwater.
See also "regulated small MS4" and "small MS4."[Amended 5-22-2017 by Ord. No. 17-06]
- Town of Kittery, Maine.
- NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
- A permit issued by the EPA or by the DEP that authorizes
the discharge of pollutants to waters of the United States, whether
the permit is applicable on an individual, group, or general area-wide
basis.[Added 5-22-2017 by Ord. No. 17-06]
- NAVIGABLE WATERS
- The "waters of the United States including territorial seas" as defined in the Federal Clean Water Act and 33 CFR Part 328, as amended.
- NET RESIDENTIAL ACREAGE
- The land area subject to subdivision that is identified for
regulatory purposes as developable and is the gross available acreage
minus land area identified in Article VIII, Net Residential Acreage,
of Chapter 16.7, unless otherwise exempt in § 220.127.116.11,
Exemptions to net residential acreage calculations.[Amended 9-28-2015 by Ord. No. 15-05]
- NET RESIDENTIAL DENSITY
- The number of dwelling units in a subdivision per net residential
acre. This is calculated by dividing the net residential acreage by
the square feet specified as minimum land area per dwelling unit in
the dimensional standards in Chapter 16.3, Article II, for the relevant
base zone or overlay zone(s) where applicable.[Amended 9-28-2015 by Ord. No. 15-05]
- NEW CONSTRUCTION
- Structures for which the "start of construction" commenced
on or after the effective date of floodplain management regulations
adopted by a community, and includes any subsequent improvements to
such structures.[Added 9-26-2011 by Ord. No. 11-15]
- NEW MOTOR VEHICLE SALES
- A commercial establishment whose primary business is the buying and selling or offering to negotiate a sale of new motor vehicles, including related service activities, and has a franchise from a distributor or manufacturer. An establishment is "engaged in the business of buying, selling or offering to negotiate the sale of a vehicle" if that business buys motor vehicles for the purpose of resale, sells or offers to negotiate the sale of more than five motor vehicles in any twelve-month period, or displays or permits the display of three or more motor vehicles for sale at any one time or within any thirty-day period upon the premises, unless that person has owned and registered each vehicle for at least six months.
- NONCONFORMING LOT OF RECORD
- A single lot of record which was created prior to July 13, 1977, or subsequently created by legislative or judicial decision, which does not meet the area and/or frontage requirements of the district in which it is located; or is the result of legally authorized development created between July 13, 1977 and April 26, 1990, and became nonconforming as a direct result of the implementation of this title.
- NONCONFORMING STRUCTURE
- A structure that does not meet one or more of the following dimensional requirements: setbacks, yard, height or lot coverage. It is allowed solely because it was lawful when created and became legally nonconforming as a direct result of a change in the provisions of this title.
- NONCONFORMING USE
- Use of buildings, structures, premises, land or parts thereof which is not allowed in the district and/or zone in which it is situated, but which is allowed to remain solely because it was in lawful existence when created or became legally nonconforming as a direct result of a change in the provisions of this title.
- NONCONFORMING, LEGALLY
- See "legally nonconforming."
- NONSTORMWATER DISCHARGE
- Any discharge to an MS4 that is not composed entirely of
stormwater.[Added 5-22-2017 by Ord. No. 17-06]
- NORMAL HIGH-WATER LINE
- The 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.
- NURSERY SCHOOL
- 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 provides care for three or more children
in accordance with 22 M.R.S. § 8401, provided that:[Amended 5-30-2018 by Ord. No. 04-18]
- NURSING CARE FACILITY, LONG-TERM
- A facility that is licensed by the State of Maine to provide nursing care to persons who are unable to care for themselves. The facility provides long-term residential and nursing care to its residents. The facility does not provide hospital services except as incidental to the delivery of nursing care. A long-term nursing care facility does not include any facility that is defined as an elder-care facility.
- OFFICIAL BUSINESS DIRECTIONAL SIGN (OBDS)
- Any sign erected and maintained in accordance with the Maine
Traveler Information Services Act, 23 M.R.S. § 1901 et seq.,
and regulations adopted pursuant to it, and which complies with the
requirements of this title.[Amended 5-30-2018 by Ord. No. 04-18]
- OFFICIAL MAP
- The map adopted by the municipality showing the location
of public property, ways used in common by more than two owners of
abutting property, and approved subdivision or site plan, and any
amendments thereto adopted by the municipality or additions thereto
resulting from the approval of a subdivision or site plan by the Planning
Board and the subsequent filing for record of such plan.[Amended9-26-2011 by Ord. No. 11-15]
- OFFICIAL SUBMITTAL DATE
- The date upon which the Town Planner receives a complete application and issues a receipt so indicating.
- ONE-HUNDRED-YEAR FLOOD
- See "base flood."[Added 9-26-2011 by Ord. No. 11-15]
- OPEN SPACE
- Includes all dedicated portions of a parcel that has vegetated
surfaces or is in an undisturbed natural state. "Open space" does
not include areas occupied by a building or a parking area, except
where required by the management plan in place to govern the open
space and as approved by the Planning Board. Vegetated surfaces of
outdoor commercial uses may be used to satisfy up to 50% of the required
open space on any parcel, except those parcels within a cluster residential
or cluster mixed-use development.[Added 9-24-2012 by Ord. No. 12-10]
- OPEN SPACE, COMMON
- Usable land within or related to a development, not individually
owned, which is designed and intended for the common use or enjoyment
of the residents of the development and may include such complementary
structures, improvements and uses approved by the Planning Board.
Such uses may include active or passive recreation or agriculture,
where permitted.[Added 9-24-2012 by Ord. No. 12-10]
- OPEN SPACE, PUBLIC
- Land accessible or dedicated for public use.[Added 9-24-2012 by Ord. No. 12-10]
- OPEN SPACE, RESERVED
- Dedicated land that is permanently protected from further
development and remains in a natural condition or is managed according
to an approved management plan for natural resource functions, e.g.,
forestry, agriculture, habitat protection, passive recreation, or
limited uses as approved by the Planning Board as part of cluster
residential and cluster mixed-use developments.[Added 9-24-2012 by Ord. No. 12-10]
- OUTDOOR SERVICE AREAS
- Areas located outside of a building or structure that are used for the delivery, handling, storage or processing of materials, goods or wastes, including areas used for the servicing, repairing, washing or fueling of motor vehicles and equipment.
- Any person, corporation or other legal entity having record title ownership to the property or the expressly authorized agent or designee thereof.
- The extension of the wall(s) of a building above the roof eave and/or roofline.
- See "tract or parcel of land."
- PARKING LOT
- An area, other than part of a road or residential yard space, which is allocated for the parking of motor vehicles for compensation and is able to be used for such purposes.
- PARKING SPACE
- A design-dependent area as indicated in Figure 2 for Chapter 16.8. Each parking space is to contain a rectangular area at least 19 feet long and nine feet wide. Lines demarcating parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces so created contain within them the rectangular area required by this section. This is exclusive of drives or aisles giving access thereto, accessible from streets or aisles leading to streets, and usable for the storage or parking of passenger vehicles. Parking spaces or access thereto must be constructed as to be usable year round.
- An unenclosed, unroofed, exterior floor-like surface, usually composed of brick, stone or concrete, situated no higher than 18 inches above ground level, accessory to a dwelling and serving as an area for outdoor living.
- Any individual, firm, corporation, municipality, quasi-municipal corporation, two or more individuals having a joint or common interest, state agency or federal agency or other legal entity.
- PERSONAL SERVICES
- Establishments primarily engaged in providing services generally involving the care of one's personal appearance or apparel, including, but not limited to, barbers and beauty shops, laundries, photographic studios, shoe repair, garment altering, and diaper services.
- A structure built out into the water generally with piles for use as a landing place.
- Dredged spoil, solid waste, junk, incinerator residue, sewage,
refuse, effluent, garbage, sewage sludge, munitions, chemicals, biological
or radiological materials, oil, petroleum products or byproducts,
heat, wrecked or discarded equipment, rock, sand, dirt and industrial,
municipal, domestic, commercial or agricultural wastes of any kind.[Added 5-22-2017 by Ord. No. 17-06]
- POST-CONSTRUCTION STORMWATER MANAGEMENT PLAN
- An inspection and maintenance plan as required by rule for
projects that require approval by the Maine Department of Environmental
Protection (MDEP) under Chapter 500, Stormwater Management; or a plan
to inspect and maintain best management practices (BMPs) and stormwater
management facilities employed by a new development or redevelopment,
not subject to MDEP Chapter 500 rules, to meet the stormwater standards
of this Code.[Amended 7-25-2016 by Ord. No. 16-06]
- Available and feasible, considering cost, existing technology, and logistics, based on overall project purposes.
- PREEXISTING ACCESSORY-USE TOWERS/ANTENNAS
- Legally existing prior to December 21, 1997, wireless communication system facility (WCSF), towers/antennas and alternative tower structures. Enlargements of WCSF, accessory use towers/antennas legally existing prior to December 21, 1997 must conform to the requirements of this title.
- PRELIMINARY SUBDIVISION PLAN
- The preliminary drawings indicating the proposed layout of the subdivision to be submitted to the Planning Board for its consideration.
- For the purposes of stormwater regulation, means any building,
lot, parcel of land, or portion of land, whether improved or unimproved,
including adjacent sidewalks and parking strips, located within the
municipality from which discharges into the storm drainage system
are or may be created, initiated, originated or maintained.[Added 5-22-2017 by Ord. No. 17-06]
- PRIMARY CAREGIVER
- A person or an employee of that person, a licensed hospice
provider or licensed nursing facility that provides care for a qualifying
patient and is registered under 22 M.R.S. § 2425 and receives
Board of Appeals approval for a major home occupation.[Added 5-22-2017 by Ord. No. 17-08]
- PRINCIPAL BUILDING
- The primary building on a lot or a building that shelters or encloses the principal use on a lot.
- PRINCIPAL STRUCTURE
- The primary structure on a lot or a structure that supports, shelters or encloses the principal use on the lot.
- PRINCIPAL USE
- The primary or predominant use. An activity that is conducted in conjunction with the principal use and such activity that either constitutes only an incidental or insubstantial part of the total activity that takes place on a lot; or is commonly associated with the principal use and integrally related to it, is regarded as "accessory to the principal use." An accessory to the principal use is regarded as "incidental or insubstantial" if it is both incidental and insubstantial in and of itself, and in relation to the principal use. Quantitative measures for consideration in this determination include the percentage and total amount of square footage attributed to the accessory to the principal use and sales or income derived from the accessory to the principal use.
- PRIVATE MARINA USE STRUCTURE
- A structure which is owned and/or used by a private group, club, association or other legal entity's organization, and is used by its members only, and has frontage on navigable water, and as its principal use provides offshore moorings and/or docking facilities for vessels for use by its members and/or guests. The private marina may also provide accessory boating services. These accessory boating services may be provided to the boating public, members or guests.
- PRUDENT AVOIDANCE
- In any case where aboveground electrical utilities are approved, the plan is to be designed to avoid human residences as distant as possible without prohibitive cost.
- PUBLIC FACILITY
- 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.
- PUBLIC RECREATION
- A not-for-profit recreational facility open to the general public at no charge or a subsidized charge.
- PUBLIC UTILITY
- As defined in Title 35-A M.R.S. § 102, as amended.
- QUALIFIED POST-CONSTRUCTION STORMWATER INSPECTOR
- A person who conducts post-construction stormwater management facilities inspections for compensation and who has received the appropriate training for the same from the Maine Department of Environmental Protection.
- RECENT FLOODPLAIN SOILS
- 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 and Winooski.
- RECREATIONAL FACILITY
- A place designed and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities, excluding boat-launching facilities.
- RECREATIONAL VEHICLE
- A vehicle or an attachment to a vehicle designed to be towed, and designed for temporary sleeping or living quarters for one or more persons, 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.
- REGULATED SMALL MS4
- Any small municipal separate storm sewer system (MS4) regulated
by the State of Maine "General Permit for the Discharge of Stormwater
from Small Municipal Separate Storm Sewer Systems" dated July 2013
("general permit"), including all those located partially or entirely
within an urbanized area (UA) and those additional small MS4s located
outside an UA that as of the issuance of the general permit have been
designated by the DEP as regulated small MS4s. The Town of Kittery
is a regulated small MS4.[Added 5-22-2017 by Ord. No. 17-06]
- A. 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; and
- B. In riverine areas, is considered to be the channel of a river or other watercourse and the adjacent land areas to a distance of 1/2 the width of the floodplain, as measured from the normal high-water mark to the upland limit of the floodplain.
- REPAIR GARAGE
- An establishment providing for the repair or servicing of motor vehicles. A repair garage does not include activities that are defined as mechanical service or a junkyard.
- REPAIR SERVICE
- A business providing for the repair of personal or small business property, such as radios and televisions, household or office electrical or electronic equipment, watches, clocks and jewelry, furniture and upholstery, sporting equipment, and similar items, but not including items included under mechanical services or automotive services and repair.
- REPLACEMENT SYSTEM
- A system intended to replace:
- RESEARCH AND DEVELOPMENT
- A building or group of buildings in which are located facilities for technical or scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the facility.
- RESIDENTIAL CARE UNIT
- A type of residential accommodation in an elder-care facility that has private sleeping and bathroom facilities but does not have permanent complete cooking facilities within the unit. The occupant of a residential care unit typically eats all or most of meals in a shared dining room. Residential care units may have a portable or removable kitchen or partial kitchen facilities such as a refrigerator and microwave oven. A residential care unit may be an apartment with a separate bedroom, a suite or a room. A residential care unit is distinct from a dwelling unit that is defined separately.
- RESIDENTIAL DEVELOPMENT USE PIER, RAMP AND FLOAT SYSTEM
- A pier and/or ramp and float system which is used in common by lot owners or residents of a subdivision or residential planned development. The purpose is to provide waterfront access to the owners of lots in a residential development that has the potential for more than one waterfront lot. The object is to minimize the number of piers, ramps and floats resulting from new development.
- RESIDENTIAL HOME OCCUPATION USE PIER, RAMP AND FLOAT SYSTEM
- A pier and/or ramp and float system which is used for the residential home occupation workers in an approved functionally water-dependent home occupation (minor or major) in addition to its customary residential accessory use.
- RESIDENTIAL JOINT/SHARED-USE PIER, RAMP AND FLOAT SYSTEM
- A pier and/or ramp and float system which is used by the owners of not more than four residential shorefront lots, at least one boundary of whose building lot lies within 1,000 feet of the lot on which the joint/shared-use pier is constructed.
- RESIDENTIAL SINGLE-USE PIER, RAMP AND FLOAT SYSTEM
- A pier and/or ramp and float system which is used by the owner(s) of a single residential shorefront lot.
- RESIDUAL BASAL AREA
- The sum of the basal area of trees remaining on a harvested site.
- RESIDUAL STAND
- A stand of trees remaining in the forest following timber harvesting.
- An establishment where food or food and drink are prepared and sold for consumption on the premises by the public and includes cafes, coffee shops and similar establishments that serve food.
- The division of an existing subdivision or any change of lot size therein or the relocation of any street or lot in a subdivision, or any changes thereto.
- RETAIL USE
- Any business engaged primarily in the sale of goods for personal or household consumption and/or use, and not for resale. The term "retail use" does not include specific types of retail uses that are individually listed in Chapter 16.3.
- RIGHT-OF-WAY, PRIVATE
- A platted and dedicated access route normally to back lot(s); and as approved by the Planning Board and recorded in the York County Registry of Deeds.
- 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.
- Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.[Added 9-26-2011 by Ord. No. 11-15]
- 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.
- ROOMING HOUSE
- A residential use in which the owner or manager of the facility resides on the premises and in which more than three persons who are not part of the owner's/manager's family are housed in rooms for compensation with or without meals. This includes fraternities and sororities.
- A game of chance in which players bet on the compartment of a revolving wheel into which a small ball will come to rest.
- 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 three-square occurs in fresher areas.
- A method of significantly reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls, or any appropriate combination thereof.
- Either: 1) a strip of at least 10 feet wide, densely planted (or having equivalent natural growth) shrubs or trees at least four feet high at the time of planting, of an evergreen type that will grow to a year-round dense screen at least six feet high in three years; or 2) an opaque wall or barrier of uniformly colored fence at least six feet in height. Screening of either type must be maintained in good condition at all times.
- SELECTED COMMERCIAL RECREATION
- A recreational facility operated as a business and open to the public for a fee, which is listed as one of the following types of allowed recreational activities:
- A. Indoor commercial recreation limited to billiards and pool, bowling alley, dance hall, swimming pool, ice skating rink, tennis, racquetball or squash courts, shooting or archery range, weight-lifting equipment center, aerobics/exercise center, roller skating rinks, basketball courts, gymnasium, concert hall, aquarium, botanical and zoological garden, bingo parlor, simulated sports; and
- B. Outdoor commercial recreation limited to riding stables, golf course, swimming pool, driving range, miniature golf, archery range, tennis courts, balloon rides, roller skating rink, botanical and zoological garden, and equestrian sports excluding racing.
- SEPTIC SYSTEM
- See "subsurface wastewater disposal system."[Added 10-14-2015 by Ord. No. 15-10]
- SERVICE DROP
- Any utility line extension which does not cross or run beneath any portion of a water body, provided that:
- The minimum horizontal distance from an identified object, line, boundary or feature to the nearest part of a regulated object, use or feature. (Note: See Chapter 16.7, for setbacks from water bodies and wetlands. See Article IV of Chapter 16.7 for applying setbacks in special situations.)
- SETBACK FROM STREAMS, WATER BODIES AND WETLANDS
- The minimum horizontal distance allowed from the upland edge of a wetland and/or from the normal high-water line to the nearest part of a structure (excluding cornices, eaves or gutters projecting not more than 24 inches), roads, parking areas, or other regulated activities. See Table 16.9. Minimum Setbacks from Wetlands and Water Bodies, for required horizontal distances, and Article IV of Chapter 16.7 for applying setbacks in special situations. Adjacent to tidal waters, setbacks are measured from the upland edge of the coastal wetland.
- SHOP IN PURSUIT OF TRADES
- An establishment occupied by a business or craftsperson in a skilled trade, including, by way of example only, plumbing, carpentry or electrical work. Not more than 10 people may be employed at and/or work from the shop. The shop may include work space, storage space and/or office space. A shop in pursuit of trades does not include "construction services," which is separately defined.
- SHORE FRONTAGE
- The width of a lot as it fronts the shore as measured in a straight line between the point of intersection of the side lot lines with the shoreline at normal high-water elevation.
- SHOREFRONT DEVELOPMENT PLAN
- A plan for any development extending into or within 100 feet of the upland edge of a coastal wetland, or into or within 100 feet of the upland edge of a fresh water wetland shown on the Zoning Map, including but not limited to public and private access paths; piers, ramps and floats; storage of boats and/or floats; clearing of vegetation, visual impact and controls to assure continuing conformance to the plan.
- The normal high-water line or upland edge of a wetland.
- Any structure or part of the structure attached thereto or painted or represented thereon, which displays or includes any letter, word, model, banner, flag, pennant, insignia, trade name, trademark, logo, device or representation used as, or which is in the nature of, any announcement of the purpose of a business, entity or person, direction or advertisement. The term "sign" does not include a flag.
- SIGN AREA
- The enclosed space within a geometric figure which contains the advertising message, illustration, insignia or display, together with any frame, color or other material which comprises the display and is used to differentiate or draw attention to the sign and away from the background. Each face of a sign is considered a separate sign for area computations, but supporting brackets and posts are not included.
- SIGN, CHANGEABLE MESSAGE
- Any sign or portion thereof designed to allow characters, letters and numbers on the face of the sign to be changed or rearranged.
- SIGN, FREESTANDING
- Any sign supported by a structure or supports that are permanently anchored in the ground and that is independent from any building.
- SIGN, REAL ESTATE
- Any sign advertising real estate for sale, lease or rent.
- SIGN, TEMPORARY
- A sign that is intended to remain where it is erected or placed for a period of time not to exceed 21 days in any calendar quarter.
- SIGN, TRAILER
- A portable sign mounted on a chassis and wheels or supported by legs.
- SLOT MACHINE
- Any machine which operates by inserting a coin, token or similar object, setting the internal mechanism of the machine in motion and, by the application of the element of chance, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tickets or something of value.
- SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEM, or SMALL MS4
- Any MS4 that is not already covered by the Phase I MS4 stormwater
program including municipally owned or operated storm sewer systems,
state or federally owned systems, such as colleges, universities,
prisons, Maine Department of Transportation and Maine Turnpike Authority
road systems and facilities, and military bases and facilities. The
Town of Kittery is a small MS4.[Added 5-22-2017 by Ord. No. 17-06]
- A soil's drainage class must be determined by a Maine
certified soil scientist and based on the most-recent Natural Resources
Conservation Service Supplemental Key for the Identification of Soil
Drainage Class that reflects the Maine Association of Professional
Soil Scientists, Key to Drainage Classes. The Key includes, among
other terms, the following:[Amended 9-28-2015 by Ord. No. 15-05]
- SOMETHING OF VALUE
- 1) Any money or property; 2) any token, object or article exchangeable for money, property, amusement or entertainment; or 3) any form of credit or promise directly or indirectly contemplating transfer of money or property, or of any interest therein, or involving extension of a service, entertainment or a privilege of playing at a game or scheme without charge.
- SPECIAL EXCEPTION
- A use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning districts as special exceptions, if specific provision for such special exceptions is made in Chapter 16.3.
- SPECIAL FLOOD HAZARD AREA
- See "area of special flood hazard."[Added 9-26-2011 by Ord. No. 11-15]
- SPECIALTY FOOD AND/OR BEVERAGE FACILITY
- A facility wherein food and/or beverage is produced, sold
on a wholesale and/or retail basis, distributed, and/or consumed on
the premises. This may include, but not be limited to, a brew pub,
microbrewery, coffee roaster and/or other facilities producing crafted
alcoholic or nonalcoholic beverages and/or artisan food.[Added 6-10-2013 by Ord. No. 13-02]
- START OF CONSTRUCTION
- The date the building/regulated activity permit was issued,
provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, substantial improvement or other
improvement was within 180 days of the permit date. The "actual start"
means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the "actual start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.[Added 9-26-2011 by Ord. No. 11-15]
- STORM DRAINAGE SYSTEM
- The entire Town's storm drainage system.[Added 5-22-2017 by Ord. No. 17-06]
- Any stormwater runoff, snowmelt runoff, and surface runoff
and drainage.[Added 5-22-2017 by Ord. No. 17-06]
- That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
For any building that contains no floors in the vertical plane, every
10 feet or portion thereof counts as a floor.[Amended 9-24-2012 by Ord. No. 12-11]
- STORY ABOVE GRADE
- Any story having its finished floor surface entirely above grade, except that a basement is considered as a story above grade where the finished surface of the floor above the basement is:
- STREAM or BROOK
- A channel between defined banks, including the floodway and associated floodplain wetlands, where the channel is created by the action of surface water and 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.
- A way established or maintained under public authority, or a minimum forty-foot-wide private way constructed to Town standards as contained in Chapters 16.8 and 16.9, approved by the Planning Board and plotted, dedicated and recorded, or a way shown on a plan of a subdivision duly approved by the Planning Board. Also included are such ways as alleys, avenues, boulevards, highways, roads, streets and other rights-of-way.
- STREET FRONTAGE
- A continuous portion of a boundary of a lot which abuts a street, ordinarily regarded as the front of the lot. When a lot is bounded by more than one street, any one of them, but only one, may be designated as the frontage street by the owner, provided that the lot meets the frontage requirement on that street, front, side and rear yard setbacks, and that the principal building is numbered on that street.
- STREET LINE
- The exterior line of a street right-of-way which separates it from abutting lots.
- STRUCTURALLY ALTERED
- Any work which requires or contemplates any changes to the structural capabilities of a building.
- Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, or anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on or in the ground. The term includes decks. The term does not include fences less than eight feet in height, nor any required by the Planning Board or Town Planner to be taller; flagpoles no higher than 50 feet in height; signs located in conformance with Article X of Chapter 16.8; and electricity generators and propane and oil tanks for residential use only and the pads on which they are located, provided the pad is less than 20 square feet in size.
- Any person, firm, corporation or other legal entity making application for the subdivision of land or buildings within the Town.
- The division of a tract or parcel of land into three or more lots within any five-year period that begins on or after September 23, 1971. This definition applies whether the division is accomplished by sale, lease, development, building or otherwise. The term "subdivision" also includes the division of a new structure of structures on a tract or parcel of land into three or more dwelling units within a five-year period, the construction or placement of three or more dwelling units on a single tract or parcel of land and the division of an existing structure or structures previously used for commercial or industrial use into three or more dwelling units within a five-year period, as set forth in 30-A M.R.S. § 4401, as amended.
- SUBDIVISION, MAJOR
- Any subdivision containing more than four lots or any subdivision requiring any new public street extension or the extension of public or municipal facilities.
- SUBSTANTIAL DAMAGE
- Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damage condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.[Added 9-26-2011 by Ord. No. 11-15]
- SUBSTANTIAL IMPROVEMENT
- Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:[Added 9-26-2011 by Ord. No. 11-15]
- A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
- B. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
- SUBSURFACE WASTEWATER DISPOSAL SYSTEM (SWDS)
- Any system designed to dispose of waste or wastewater on
or beneath the surface of the earth. These include, but are not limited
to, septic tanks, disposal fields, holding tanks, pretreatment filters,
piping, or any other fixture, mechanism or apparatus used for such
purposes. This definition does not include any discharge system licensed
under 38 M.R.S. § 414, any surface wastewater disposal system
or any municipal or quasi-municipal sewer or wastewater treatment
system. (See also "wastewater" and "domestic wastewater.")[Added 10-14-2015 by Ord. No. 15-10]
- SUSTAINED SLOPE
- A change in elevation where the referenced percent grade is substantially maintained or exceeded throughout the measured area.
- TEMPORARY, INTRAFAMILY DWELLING UNIT
- A temporary accessory dwelling unit to a dwelling that is designed for and occupied by either a:
- A. Person(s) related by blood or marriage within the sixth degree to an occupant of the property;
- B. Personal care provider(s) to an occupant of the property;
- C. Personal care receiver(s) from an occupant of the property; or
- D. Person(s) with a demonstrably familial type relationship to an occupant of the property.
- TEMPORARY STRUCTURE
- A structure which by type and materials of its construction is erected for not more than 30 days with a permit from the CEO. Such structures include tents, portable bandstands, bleachers, reviewing stands, a mobile home, tractor trailers or structures of a similar character. Temporary structures erected in conjunction with licensed circuses are not construed to be temporary structures under this title.
- A building or portion of a building for the showing of motion pictures or the presentation of dramatic, musical or other live performances.
- TIDAL LAND, FILLED
- Portions of the submerged and intertidal lands that have
been rendered by human activity to be no longer subject to tidal action
or below the natural low-water mark after October 1, 1975.[Added 9-28-2015 by Ord. No. 15-05]
- TIDAL WATERS
- All waters where the high-water line is affected by the ebb and flow of tidal action.
- B. For the purposes of this title, timber harvesting activities taking place outside the shoreland overlay zone on land classified by the Town Assessor as enrolled in the state tree growth program (36 M.R.S. §§ 571 to 584-A), which is conducted in compliance with a forest management and harvest plan prepared by a licensed professional forester, is not considered timber harvesting.
- Any structure, whether freestanding or in association with a building or other permanent structure, that is designed and constructed primarily for the purposes of supporting one or more antennas, including self-supporting lattice towers, guyed 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.
- TRACT or PARCEL OF LAND
- All contiguous land in the same ownership, except that lands located on opposite sides of a public or private street are considered separate tracts or parcels of land unless the street was established by the owner of land on both sides of the street after September 22, 1971.
- Any vehicle, including campers, used or so constructed as to permit its being used as a conveyance on the public streets and highways and may be duly licensed as such, and constructed in such a manner as will permit occupancy thereof as a temporary dwelling for one or more persons. A trailer is not construed as a mobile home for the purposes of this title.
- TRAILER PARK
- An area occupied or designed to be occupied by trailers for seasonal use only from May through October.
- TRANSPORTATION TERMINAL
- Land and buildings used as a relay station for the transfer of a load from one vehicle to another. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal.
- TRAVELED WAY
- That portion of a road or driveway designed for vehicle travel. Where a road or driveway surface is paved, the traveled way is that portion of the road surface between the edges of the paved width.
- 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 title and only applies to that portion of the tributary stream located within the shoreland or resource protection overlay zones of the receiving water body or wetland.
- UPLAND EDGE
- 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 elevation being six feet above mean sea level based on the North American Vertical Datum of 1988 (NAVD 88), including all area affected by tidal action. For purposes of a freshwater wetland, the upland edge is formed where the soils are not saturated for a time period 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 20 feet tall or taller; whichever is more restrictive.
- URBANIZED AREA (UA)
- The areas of the State of Maine so defined by the latest
decennial census by the U.S. Bureau of the Census.[Added 5-22-2017 by Ord. No. 17-06]
- USED CAR LOT
- A lot exposed to the elements which is used for the sale of secondhand automobiles or trucks which can pass the state inspection tests in their existing conditions.
- A. A relaxation of the terms of this title where such relaxation 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 or prior owner, a literal enforcement of the title will result in unnecessary or undue hardship.
- B. As used in this title, a variance is authorized only for dimensional requirements related to height, area and size of structure, or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited is not allowed by variance, nor may a variance be granted because of the presence of nonconforming uses in the particular zone or adjoining zone.
- All live trees, shrubs, ground cover and other plants.
- VETERINARY HOSPITAL
- A commercial establishment, operated by a licensed veterinarian, for the medical and surgical care of sick or injured animals.
- The failure of a structure or development to comply with
a community's floodplain management regulations.[Added 9-26-2011 by Ord. No. 11-15]
- 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.
- WAREHOUSING AND STORAGE
- Premises where goods or materials are stored in an enclosed structure or in specific outdoor areas.
- Any unwanted or discarded substance or material, whether or not such substance or material has any future use, and includes any substance or material that is spilled, leaked, pumped, poured, emitted, disposed of, emptied, or dumped onto the land or into the water.
- Any domestic wastewater, or other wastewater from commercial,
industrial or residential sources that has attributes similar to those
of domestic wastewater. This term specifically excludes hazardous
or toxic wastes and materials. (Applicable only to Title 16. If there
is a conflict with the definition of "wastewater" in Title 13, the
Title 13 definition takes precedence.)[Added 10-14-2015 by Ord. No. 15-10]
- WASTEWATER, DOMESTIC
- Any wastewater produced by ordinary living uses, including
liquid waste containing animal or vegetable matter in suspension or
solution, or the water-carried waste from the discharge of water closets,
laundry tubs, washing machines, sinks, dishwashers, or other source
of water-carried wastes of human origin.[Added 10-14-2015 by Ord. No. 15-10]
- WATER BODY
- Any pond, river, brook, stream, intermittent stream or coastal wetland.
- WATER CROSSING
- Any project extending from one bank to the opposite bank of a water body, 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.
- WATER-DEPENDENT USE
- See "functionally water-dependent use."
- Areas that under normal circumstances have hydrophytic vegetation, hydric soils and wetland hydrology, as determined in the Corps of Engineers Wetlands Delineation Manual — Waterways Experiment Station Technical Report Y-87-1, January 1987" (1987 manual). This definition of wetland is based on the 1987 manual and is not subject to further revisions and/or amendments.
- WETLAND ALTERATION
- Filling, dredging, removal of vegetation, muck or debris, draining or otherwise changing the hydrology; construction or repair of a structure. On a case-by-case basis and as determined by the Planning Board, the term "alteration" may exclude:
- WETLAND CREATION
- Conversion of a nonwetland area into a wetland, where a wetland never existed.
- WETLAND ENHANCEMENT
- An activity increasing the value of one or more functions in an existing wetland. Activities may also include improvements to upland buffers where timber harvesting or other activities have degraded the value for wildlife.
- WETLAND FUNCTIONS
- The roles wetlands serve which are of value to society or the environment, including, but not limited to, floodwater storage, floodwater conveyance, groundwater recharge and discharge, erosion control, wave attenuation, water quality protection, scenic and aesthetic use, food chain support, fisheries, wetland plant habitat, aquatic habitat and wildlife habitat.
- WETLAND HYDROLOGY
- In general terms, a condition where permanent or periodic inundation or prolonged soil saturation is sufficient to create anaerobic conditions in the soil. According to the 1989 Manual, inundation or saturation for one week or more during the growing season and a water table within at least 18 inches of soil surface is required to meet the wetland hydrology criterion.
- WETLAND PRESERVATION
- The maintenance of an area of wetlands or adjacent upland so that it remains in a natural or undeveloped condition. Preservation measures include, but are not limited to, conservation easements and land trusts.
- WETLAND RESTORATION
- An activity returning a wetland from a disturbed or altered condition with lesser acreage or fewer functions to a previous condition with greater wetland acreage or function.
- WETLAND VALUE
- The importance of a wetland with respect to the individual or collective functions it provides.
- WETLAND VEGETATION
- Those plants classified as Obligate, Facultative Wetland or Facultative in the U.S. Fish and Wildlife Service publication, Wetland Plants of the State of Maine, 1986, as amended or superseded.
- WETLANDS ASSOCIATED WITH RIVERS
- Wetlands contiguous with or adjacent to a river, and which during normal high water are connected by surface water to the river. Also included are wetlands which are separated from the 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 river. Wetlands associated with rivers are considered to be part of that great pond or river.
- WETLANDS IMPACT
- Any disturbance, including but not limited to filling, dredging, draining, bridging and cutting or clearing of vegetation in the wetland and buffer areas.
- A structure on the shore, parallel to the shoreline of navigable waters, alongside of which vessels can be brought for loading or unloading.
- WHOLESALE BUSINESS
- The sale of goods not produced on the premises primarily to customers engaged in the business of reselling the goods.
- WIRELESS COMMUNICATION SERVICES FACILITIES (WCSF)
- Any structure, antenna, tower or other device which provides radio/television transmission, commercial mobile wireless services, unlicensed wireless services, cellular phone services, specialized mobile radio communications (SMR), common carrier wireless exchange access services, and personal communications service (PCS) or pager services, and associated development. Telecommunications facilities are considered a principal use.
- Activity related to physical change for improvements and not the engineering, production or correction of construction drawings, or real estate marketing.
- An unoccupied space, open to the sky, on the same lot with a building or structure.
- YARD, ACCESSORY BUILDING SIDE AND REAR
- In the R-RL, R-U, R-S and B-L Zones, accessory building side and rear yard setbacks that are at least 10 feet, except no building may be closer than 30 feet to a principal building on an adjoining lot.
- YARD, FRONT
- An open area unoccupied by any structure, excluding cornices, eaves or gutters projecting not more than 24 inches, on the same lot with the building between the front line of the building and the front line of the lot and extending the full width of the lot as it abuts along a public or private street.
- YARD, REAR
- An open area unoccupied by any structure, excluding cornices, eaves or gutters projecting not more than 24 inches, on the same lot with the building between the rear line of the building and the rear line of the lot and extending the full width of the lot.
- YARD, SIDE
- An open area unoccupied by any structure, excluding cornices, eaves or gutters projecting not more than 24 inches, on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line will be deemed a side line.
Editor's Note: See Title 2.
Editor's Note: Added at time of adoption of Code (see Ch. 1.1, Code Adoption).
Editor's Note: This ordinance also repealed the former definition of "coverage (lot, structure)," which immediately followed this definition.
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
Editor's Note: the definition of "subsurface sewage disposal system," which immediately followed this definition, was repealed 10-14-2015 by Ord. No. 15-10.