Language used in this chapter shall be construed
as follows:
A.
In the interpretation and enforcement of this chapter, all words other than those specifically defined herein, except construction or structure-related terminology, shall have the meaning implied by their context in the chapter or their ordinarily accepted meanings as found in the current edition of Webster's Collegiate Dictionary; provided, however, that with respect to any permitted use that is not defined in § 125-109, such use shall be defined by reference to the Standard Industrial Classification and only then, if not defined therein, by reference to the current edition of Webster's New Collegiate Dictionary. For construction or structure-related terminology not specified otherwise herein, the applicable definitions provided in the applicable codes as referenced in § 125-91 shall apply.
[Amended 5-6-1996; 5-3-2004]
B.
The words "person," "applicant" and "developer" include
individuals, firms, associations, corporations, partnerships, trusts
or other legal entities.
C.
Words used or defined in one tense or form shall include
other tenses or derivative forms.
D.
Words in the singular shall include the plural, and
words in the plural shall include the singular.
E.
The masculine gender shall include the feminine, and
the feminine shall include the masculine.
F.
The words "shall" and "will" are mandatory, and the
word "may" is permissive.
G.
The word "building" includes the word "structure."
H.
The world "dwelling" includes the word "residence."
I.
The word "lot" includes the word "plot" or "parcel."
J.
The word "used" or "occupied" as applied to any land
or building shall be construed to include the words "intended, arranged
or designed to be used or occupied."
K.
The word "Town" or "municipality" means the Town of
Bar Harbor, Maine.
L.
In case of any difference of meaning or implication
between the text of this chapter and any map, illustration, or table,
the text shall control.
M.
In the case of reference to "Planning Board" findings or decisions, these shall also include the "Code Enforcement Officer" or other Planning Department and Town staff for decisions in a capacity of delegated authority for the Planning Board or as may be required to apply standards of the Land Use Ordinance for uses or structures for which the Code Enforcement Officer has authority for review and permitting under Article III, or, for minor site plan review and subdivision for the Planning Department.
[Amended 11-4-2003; 6-12-2018]
The following terms shall have the following
meanings:
Having a common border with, or being separated from such
common border by an alley, easement, street, road, public way or private
way.
A means of approach or entry to or exit from property.
A change to an appendage of a structure that includes signage,
awnings, canopies, umbrellas, outdoor displays, lighting, or landscaping.
[Added 11-2-1999]
See "structure."
See "use."
A measure of land containing 43,560 square feet.
See "recreation."
Lots/units which may be purchased or rented for occupancy
by people with up to 120% of moderate income as established by the
State Planning Office or the Hancock County Planning Commission.
[Added 5-2-2005; amended 11-4-2008]
An owner of land whose property is directly or indirectly
affected by the granting or denial of a permit or variance under this
chapter; 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.
[Amended 11-3-2009]
Land clearing, tilling, fertilizing, including spreading
and disposal of manure and manure sludge, liming, planting, pesticide
application, harvesting of cultivated crops, pasturing of livestock,
poultry and other similar or related activities, but not including
construction, creation or maintenance of land management roads or
forest management or timber harvesting activities. Noncommercial gardens
are not considered agricultural activities, regardless of size.
[Amended 11-5-1991; 11-4-2003]
Farming, raising of animals or crops as an accessory use
to one’s primary residence which is greater than the intensity
of homestead agriculture but less than the intensity of commercial
agriculture; or, farming, raising of animals or crops on a site other
than one’s primary residence and of an intensity less than that
of commercial agriculture.
[Added 11-4-2003]
Production of crops or animals and involving more than five
acres of cultivated soil or keeping of more than 100 poultry or other
animals raised for meat or other by-product.
[Added 11-4-2003]
Minor crop raising and animal husbandry as an accessory use
to one’s primary residence that does not involve tilling of
more than one acre of soil, or keeping of more than 20 adult poultry
and/or five hoofed animals; raising or keeping of swine is not considered
homestead agriculture.
[Added 11-4-2003]
A thoroughfare either used or shown on any recorded description
of the subject parcel(s) which is not more than 30 feet wide and which
affords only a secondary means of access to abutting property.
A change, addition, or modification requiring construction,
including any change in the location of structural members of buildings
or structures, such as bearing walls, columns, beams, or girders,
or of the means of egress. The term includes enlargement, whether
by extending on a side or by increasing in height, but does not include
decorative or cosmetic changes.
Any system of poles, panels, rods, reflecting discs or similar
devices used for the transmission or reception of radio or electromagnetic
frequency signals.
[Added 6-10-2008]
A means for obtaining review of a decision, determination, order or failure to act pursuant to the terms of this chapter as expressly authorized by the provisions of § 125-103.
The growing or propagation of harvestable freshwater, estuarine,
or marine plant or animal species.
[Added 11-5-1991]
A building or structure shall be deemed to have architectural
merit if it embodies distinctive characteristics of a type, period
or method of construction, represents the work of a master architect
or builder, or possesses high artistic value.
[Added 11-2-1999]
The land in the floodplain having a one-percent or greater
chance of flooding in any given year.
Multiple solar photovoltaic panels combined together to create
a system.
[Added 11-2-2021]
An art profession home occupation for gain and support which
is conducted entirely within a residential dwelling unit or structure
accessory to the dwelling unit. Retail sales of products made on the
premises are allowed in residential districts; accessory retail sales
of products made on the premises and other products are allowed in
commercial and corridor districts.
[Added 6-8-2010]
That part of a building which is immediately below, and wholly
or partly within, the roof framing.
Anyone having written authorization to act in behalf of a
property owner, signed by the property owner.
A place where, with or without the attendant sale of engine
fuels, the following services may be carried out: general repair,
engine rebuilding, rebuilding or reconditioning of motor vehicles;
collision service, such as body, frame, or fender straightening and
repair; and painting and undercoating of automobiles.
A lot arranged, designed, or used for the storage and display
for sale of any motor vehicle or any type of trailer provided the
trailer is unoccupied, and where no repair work is done except minor
incidental repair of automobiles or trailers displayed and sold on
the premises.
A yard, field or other screened area where salvaged automobiles or automobile parts are stored, bought, sold, exchanged, baled, packed, disassembled or handled, but not including the storage of used cars in operable condition or the keeping of junked automobiles in violation of Chapter 109, § 109-8.
Any premises used for supplying gasoline and oil at retail,
direct to the customer, including the sale of minor accessories and
minor services for automobiles.
A temporary or permanent canvas roof-like structure extending
over any place as a shelter from the sun, wind, or rain such as a
door, window, porch, or patio.
[Added 11-2-1999]
A sign on any lightweight material, either enclosed or not
enclosed in a rigid frame, and secured, mounted, suspended or displayed
in a manner to allow movement caused by wind.
[Added 11-5-1991]
The area of a cross section of a tree stem at 4.5 feet above
ground level and inclusive of bark.
[Added 6-8-2010]
Any portion of a structure with a floor-to-ceiling height
of six feet or more and having more than 50% of its volume below the
existing ground level.
[Amended 11-3-2009]
Overnight accommodations and a morning meal in an owner-occupied
dwelling unit constructed before June 8, 2010, provided to transients
for compensation. Breakfast is included in the room rate.
[Amended 6-8-2010]
Overnight accommodations and a morning meal in a dwelling
unit occupied by the owner/innkeeper or a designated employee constructed
before June 8, 2010, provided to transients for compensation. Breakfast
is included in the room rate.
[Added 6-8-2010]
Overnight accommodations and a morning meal in a dwelling
unit occupied by the owner/innkeeper or a designated employee provided
to transients for compensation. Breakfast is included in the room
rate.
[Added 6-8-2010]
Overnight accommodations, a morning meal, and additional
meals in a dwelling unit occupied by the owner/innkeeper or a designated
employee constructed before June 8, 2010, provided to transients for
compensation. Breakfast is included in the room rate. The meals may
be open to the public.
[Added 6-8-2010]
Overnight accommodations, a morning meal, and additional
meals in a dwelling unit occupied by the owner/innkeeper or a designated
employee provided to transients for compensation. Breakfast is included
in the room rate. The meals may be open to the public.
[Added 6-8-2010]
See "sign."
The buildings located along a side of a street within a block.
[Added 11-2-1999]
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.
[Added 11-5-1991]
A place, usually adjacent to navigable waters, where, as
a business or gainful occupation, boats are hauled, stored, repaired
or constructed.
A second dwelling unit allowed on the same lot where only one single-family dwelling unit exists, either within the same building as the single-family dwelling unit or in a detached building. Bonus dwelling units shall comply with the standards in § 125-69AA.
[Added 11-2-2021]
A block of clay hardened by heat and used for building, paving,
etc.
[Added 11-2-1999]
Fences, landscaping, berms and mounds used to minimize any
adverse impacts or nuisance of the site on adjacent areas.
Any roofed structure built, maintained, or intended for use
for the shelter or enclosure of persons, animals, goods or property
of any kind. This term is inclusive of any thereof. Where independent
units with separate entrances are divided by walls, each unit is a
building.
Total of areas taken on a horizontal plane at the main finished
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between exterior faces of walls.
The area of the lot covered by building area.
[Added 5-1-1995]
Line parallel to the front lot line transecting that point
in the building face which is closest to the front lot line. This
face includes porches whether enclosed or unenclosed but does not
include steps.
Erected, constructed, reconstructed, altered, enlarged, moved,
extended, filled, excavated, paved and the like.
A measurement of the size of a tree equal to the diameter
of its trunk measured six inches above natural grade.
[Amended 11-6-2001]
Any land area specifically designed and developed, containing
two or more individual campsites which accommodate that segment of
the traveling public seeking temporary camping accommodations for
tents, recreational vehicles or towed travel trailers for compensation.
Accessory uses, subject to a site plan review, include camper services
and facilities such as shower and laundry facilities, electricity,
fresh water, propane and gas sales, ice, outlet for camping supplies
and equipment, recreational services and the like.
Any area or tract of land to accommodate two or more parties
in temporary living quarters, including, but not limited to tents,
recreational vehicles or other shelters.
[Added 6-8-2010]
An area of land which is not associated with a campground
but which is developed for repeated camping by only one group not
to exceed 10 individuals and which involves site improvements which
may include but not be limited to a gravel pad, parking area, fireplace,
or tent platform.
[Added 11-5-1991; amended 11-3-2009]
The more or less continuous cover formed by tree crowns in
a wooded area.
[Added 11-2-1999; amended 11-4-2008]
Property used for the interment of the dead.
A document or form attesting to the Design Review Board's approval of specific activities issued pursuant to Article XIII, Design Review.
[Added 11-2-1999]
Official certification that a premises conforms to provisions
of this chapter and may be used or occupied. Such a certificate is
granted for new construction or for alteration of or addition to existing
structures. Unless such a certificate is issued, a structure cannot
be used or occupied.
The change from an existing use to another use, including,
without limitation, the addition of a new use to an existing use.
A watercourse between defined banks created by the action
of surface water and characterized by the lack of terrestrial vegetation
and by the presence of a bed, devoid of topsoil, containing waterborne
deposits or exposed soil parent material or bedrock.
A building for providing licensed care and protection for
three or more children under 13 years of age.
[Amended 6-8-2010]
A licensed child-care center, family child care or nursery
school.
[Added 6-8-2010]
Licensed care and protection that is provided in a dwelling
unit on a regular basis for three to 12 children under 13 years of
age who are not the children of the provider or who are not residing
in the provider's home. If a provider is caring for children living
in that provider's home and is caring for no more than two other children,
then the use is customary to a dwelling unit and is not regulated
herein.[1]
[Amended 6-8-2010]
Any voluntary association of persons organized for fraternal,
social, religious, benevolent, recreational, literary, patriotic,
scientific, or political purposes whose facilities are open to members
but not the general public and which is principally engaged in activities
which are not customarily carried on for pecuniary gain.
An incorporated club which is organized and operated to provide
athletic, social, recreational, patriotic, fraternal or cultural activity
or entertainment for its members and their guests and which is operated
for profit. Any private club which has been in existence and operation
for five consecutive years may make a part or all of its facilities
available to the public for a fee and may sell food and beverages
to the public on the following conditions:
That it continues to operate for the same purpose
for which it is organized and has been operated;
That the club and all of its facilities are
operated under a lease or otherwise by a nonprofit membership corporation
composed exclusively of members of the club;
That any net profit from the operation of the
club, after payment of all current expenses, shall be used solely
for the payment or retirement of long-term indebtedness of the club,
or for the improvement of the club facilities, or be invested in an
endowment fund for the benefit of the club; and
That the market value of all the property and
assets owned by the club less the total amount of any liens thereon
shall equal or exceed $100,000.[2]
A person appointed by the municipal officers to administer
and enforce this chapter. Reference to the Code Enforcement Officer
may be construed to include Building Inspector, Plumbing Inspector,
Electrical Inspector and the like where applicable.
The use of a communications facility by more than one communications
provider.
[Added 6-10-2008]
A permanent structure used for berthing, loading and unloading
of commercial fishing vessels. The structure may also be used for
commercial purposes, such as chartering fishing boats or selling locally
caught fish for profit.
[Added 11-2-2010]
The use of lands, buildings, or structures, other than a
home occupation as defined below, the intent and result of which activity
is the production of income from the buying and selling of goods or
services, exclusive of rental of residential buildings and/or dwelling
units.
Any structure, antenna, tower, or other device which provides
the capacity to transmit information through such methods as, but
not limited to, radio/television transmission, commercial mobile wireless
services, unlicensed wireless services, cellular phone services, specialized
mobile radio communications (MR), common carrier wireless exchange
phone services, and personal communications service (PAS) or pager
services.
[Added 6-10-2008]
The visual relationship between adjacent buildings within
300 feet and the immediate streetscape, in terms of consistency of
materials, building elements, building mass, and other constructed
elements of the village environment, such that abrupt or severe differences
are avoided.
[Added 6-13-2006[3]]
Designed in a manner that is architecturally and visually
similar to the predominate pattern of buildings and relationship of
buildings to the street within the district.
[Added 11-2-1999]
Any part or element of the overall plan or policy for development
of the Town as defined by 30-A M.R.S.A. § 4321 et seq.
A land use that, because of its unique characteristics or
potential impact on the Town, surrounding neighbors, or adjacent land
uses, may not be compatible in some areas or may be compatible only
if certain conditions are required that mitigate or eliminate the
detrimental impacts. By classifying certain uses as conditionally
permitted, separate regulations can be imposed to evaluate and mitigate
potential adverse impacts.
[Added 11-2-2010]
A permit issued by the Planning Board stating that the conditional
use meets all conditions set forth in the Land Use Ordinance. It is
a mechanism that allows the ability to permit specific uses not otherwise
allowed, as long as the landowner or business owner meets certain
conditions.
[Added 11-2-2010]
As defined in the Maine Condominium Act of 1983,[4] real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions under a declaration, duly recorded
pursuant to this Act. A condominium is a legal form of ownership,
not a land development type. Real estate is not a condominium unless
the undivided interests in the common elements are vested in the unit
owners.
A building that at any time before creation of the condominium
was occupied wholly or partially by one or more persons other than
purchasers and persons who occupy with the consent of purchasers.
A facility used for conferences and seminars, with accommodations
for sleeping, food preparation and eating, recreation, entertainment,
resource facilities, meeting rooms, fitness and health center, and
retail stores and services primarily for conference center guests.
[Added 6-8-2010]
A private, licensed establishment operated for the purpose
of providing domiciliary care for a group of persons who by reason
of age or physical condition do not desire to but are financially
capable of providing such care for themselves, and who are not in
need of medical or nursing treatment except in the case of temporary
illness.
Lots which adjoin at any line or point or are separated at
any point by a body of water less than 15 feet wide.
A local street with only one outlet and having the other
end for the reversal of traffic movement.[6]
A level structure adjacent to a building elevated above the
surface of the ground which may have a railing, but no roof, awning
or other covering.
Repainting; re-siding; re-roofing; or adding, removing or
replacing trim, railings, or other nonstructural architectural details.
The transfer of property interests from private to public
ownership for a public purpose. The transfer may be of a fee simple
interest or of a less than fee simple interest, including an easement.
That specific location, view or corridor, which is identified
as a scenic resource in the Town’s Comprehensive Plan (Figure
II.A.1). Such scenic resources shall consist of:
[Added 6-10-2008]
A three-dimensional area extending out from
a particular viewpoint on a public way or within a public recreational
area, focusing on a single object, such as a mountain, a lake, or
a bay, or a group of objects, such as a downtown skyline or mountain
range, or island, resulting in a panoramic view corridor; or
Lateral terrain features such as valley sides
or woodland as observed to either side of the observer, constraining
the view into a narrow or particular field, as seen from a viewpoint
on a public way or within a public recreational area.
Any area on which a site improvement or change is made, including
buildings, landscaping, parking areas and streets.
The legal or beneficial owner of a lot or parcel of any land
proposed for inclusion in a development, including the holder of an
option or contract to purchase.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any buildings; any use or change in
use of any buildings or land; or any extension of any use of land
or any clearing, grading, or other movement of land for which permission
may be required pursuant to this chapter.
A change in land use involving alteration of the land, water
or vegetation, or the addition or alteration of structures or other
construction not naturally occurring.
[Added 6-8-2010]
Numerical standards relating to spatial relationships, including
but not limited to setback, lot area, shore frontage and height.
[Added 11-5-1991]
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 required special education, vocational rehabilitation
or related services.
[Added 11-4-2008]
A specified portion of the Town, delineated on the Official
Zoning Map, within which certain regulations and requirements, or
various combinations thereof, apply under the provisions of this chapter.
See "structure, water-related."
A modification of a roof which increases the elevation of
a portion of that roof for the purpose of providing either more interior
space or a window.
The removal of surface or ground water from land by drains,
grading or other means. Drainage includes the control of runoff to
minimize erosion and sedimentation during and after development, and
includes the means necessary for water supply preservation and prevention
or alleviation of flooding.
A window where one can pull up in a vehicle to place an order
for food or beverage, pay for and receive the food or beverage, and
drive away, without ever having to get out of the vehicle.
[Added 11-6-2001]
A vehicular accessway of any length constructed in accordance
with the standards set forth is this chapter, serving two single-family
dwellings or one two-family dwelling or less.
[Amended 5-6-1996; 11-3-2009; 6-8-2010]
A driveway on which vehicles are allowed to travel in only
one direction and which has two separate connections to a street.
[Added 5-6-1996]
A driveway on which vehicles are allowed to travel in two
directions.
[Added 5-6-1996]
A building or portion thereof used exclusively for residential
occupancy and containing one or more dwelling units.
A building or portion thereof or multiple buildings on a
lot used for residential occupancy by three or four families living
independently of each other and doing their own cooking in the building
in each of three or four separate and independent dwelling units.
[Amended 11-7-2006]
A building or portion thereof, or multiple buildings, located
on a lot or on a contiguous parcel or area of land, used for residential
occupancy for five or more families living independently of each other
and doing their own cooking in the building in each of five or more
separate and independent dwelling units.
[Amended 11-7-2006; 6-9-2009]
A building designed or intended to be used exclusively for
residential occupancy by one family only and containing only one dwelling
unit and having no roof, wall or floor in common with any other dwelling
unit. The term shall include modular, prefabricated and manufactured
homes.
A detached or semidetached building used for residential
occupancy by two families living independently of each other and doing
their own cooking in the building in each of two separate and independent
dwelling units.
A room or group of rooms which is designed, equipped and
intended exclusively for use as residential living quarters by only
one family, which contains independent living, cooking, sleeping,
bathing and sanitary facilities, and which is separate and independent
from other such rooms or groups of rooms.[7]
A room or group of rooms designed and equipped exclusively
for use as permanent, seasonal, or temporary living quarters for only
one family at a time, and containing cooking, sleeping and toilet
facilities. The term shall include mobile homes and rental units that
contain cooking, sleeping, and toilet facilities regardless of the
time period rented. Recreational vehicles are not residential dwelling
units.
[Added 6-8-2010]
Topsoil, sand, gravel, clay, peat, rock, or other minerals.
Authorization of a property owner of use by another of any
designated part of the owner's property for a specified purpose.
A building or group of buildings in which post-secondary
students are housed, fed, instructed and governed while working toward
undergraduate, graduate or postgraduate degrees in a university or
college setting.
A nonprofit establishment for public use, including, but
not limited to, libraries.
[Amended 11-5-2013]
A technical drawing of the facade of a building or structure
showing the placement and design of windows, doors, trim, and other
structural and ornamental details.
[Added 11-2-1999]
Operations conducted for the public health, safety or general
welfare, such as protecting 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.
An accessory structure, attached or detached from the principal
structure, consisting of a series of rooms containing beds, where
the occupants do not constitute a family or a single housekeeping
unit, and the principal structure is a commercial use. It shall be
used exclusively for the accommodation of employees, for more than
30 days, that are employed on or off site, as long as the off-site
employees are employed by the same company, a parent company, or a
subsidiary company that owns the parcel where the principal structure
is located. Employee living quarters serving a hospital shall not
be subject to the thirty-day minimum requirement. Employee living
quarters must serve another use on the lot, meaning it cannot be the
only use on the lot.
[Added 7-14-2020]
An addition to the floor area or volume of an existing building,
an increase in the size or volume of any other structure, an increase
in the ground area of that portion of a tract of land occupied by
an existing use.
[Amended 6-8-2010]
To construct, build, raise, assemble, place, affix, attach,
create, paint, draw or in any other way bring into being or establish.
[Added 11-2-1999]
The construction, alteration or maintenance of gas, electrical,
communications facilities owned by the Town, steam, fuel or water
transmission or distribution systems, collection, supply or disposal
systems. Such systems may include towers, poles, wires, mains, drains,
sewers, pipes, conduits, cables, fire alarm and police call boxes,
traffic signals, hydrants, generators, wells, wellheads and similar
accessories but shall include structures which are necessary for the
furnishing of such services.
[Amended 5-2-2005; 6-10-2008]
The situation in which the substantial majority of buildings
or structures within a block face, or the two buildings on either
side of the subject property, exhibit a reasonably consistent pattern
with respect to a physical feature such as height, facade proportion,
setback, etc.
[Added 11-2-1999]
The minimum area within a building or structure reasonably
necessary to allow patrons to move into and out of those areas that
are included within the definition of "net leasable area."
[Added 3-24-1998]
See "enlargement."
The addition of towers, increased height and/or increased
footprints of any buildings or structures of the existing facility.
[Added 6-10-2008]
An increase in the amount of existing floor area used for
an existing use within an existing building.
Siding materials such as clapboards, shingles and shakes,
including synthetic or metal siding manufactured to closely resemble
clapboards, shingles and shakes. This term shall also include masonry,
brick, stucco, and wood board and batten.
[Amended 11-5-1991]
The excavation, processing, storage or removal
from its natural location of soil, sand, gravel, rock, topsoil, loam,
clay, peat or other mineral deposits, not including:
The excavation of material incidental to approved
construction of buildings, driveways or parking areas;
The excavation of material incidental to and
at the site of construction or repair of streets; or
The excavation, processing or storage of less
than 10 cubic yards of material on a lot within a one-year period.
The stripping of loam, topsoil and peat from
a lot is expressly prohibited by this chapter.
The Federal Aviation Administration or its lawful successor.
[Added 6-10-2008]
An exterior wall of a building or structure.
[Added 11-2-1999]
Two or more persons related by blood, marriage, adoption
or guardianship, or not more than five persons not so related, occupying
a dwelling unit and living as a single housekeeping unit, such a group
to be distinguished from a group occupying a boardinghouse, lodging
house, club, fraternity, transient accommodations, short-term rental,
employee living quarters, or shared accommodations.
[Amended 6-13-2006; 11-8-2011; 7-14-2020; 11-2-2021]
Any agricultural, horticultural, forest or other product
of the soil or water, including but not limited to fruits, vegetables,
eggs, dairy products, meat and meat products, poultry and poultry
products, fish and fish products, grain and grain products, honey,
nuts, maple products, apple cider, fruit juice, wine, ornamental or
vegetable plants, nursery products, firewood and Christmas trees.
[Added 3-24-1998]
A building, structure or place used by two or more farmers
for the direct sale of farm and food products to consumers, at which
no seller may sell a product unless at least 75% of the product offered
by that seller was grown or processed by that seller or under that
seller's direction. A product not grown or processed by a seller must
have been purchased directly from another farmer.
[Added 3-24-1998]
The Federal Communications Commission or its lawful successor.
[Added 6-10-2008]
A structure commonly made of wooden or metal posts, boards,
rails, bricks, stones, PVC, wire mesh, masonry or similar materials,
erected for the purpose of enclosing a yard or portion thereof, for
screening or decoration, or for marking the general location of a
lot boundary. A fence, for purposes of this definition, includes all
posts or other supports as well as all ornamentation, decorations
and finials.
[Added 5-7-1991; amended 11-2-1999]
Depositing or dumping any matter on or into the ground or
water.
Areas identified by a governmental agency, such as the Maine
Department of Inland Fisheries and Wildlife, the Atlantic Salmon Authority,
and the Maine Department of Marine Resources, as having significant
value as fisheries and any areas identified in the municipality's
Comprehensive Plan.
[Added 5-3-1999]
The assembly that holds the lamp (bulb) in a lighting system.
It includes the elements designed to give light output control, such
as a reflector (mirror) or refractor (lens), the ballast, housing,
and the attachment parts.
[Added 11-4-2008]
A light designed to flood a well-defined area with light,
with a reflector or optical assembly that concentrates the light output
in a particular direction or spot.
[Added 11-4-2008]
Land subject to inundation by storm or flood water caused
by overflow from the normal high water mark of any coastal or inland
waters or as defined or identified by the Flood Boundary Maps of the
Town of Bar Harbor.
The channel of a river or other watercourse and adjacent
land areas that must be reserved in order to discharge the one-hundred-year
flood without cumulatively increasing the water surface elevation
by more than one foot in height.
[Added 11-4-2008]
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.[8]
An establishment in which food or beverages are processed
or otherwise prepared for eventual human consumption and may be served
or sold on the premises; in the Downtown Village District, this use
shall not include fresh or frozen fish, meat or poultry processing.
[Added 6-8-2010]
A place housing any operation which changes the chemical
composition or physical properties of food materials consumed by humans.
An example would be a creamery where dairy products such as butter,
cheese and ice cream are made. The term does not include slaughterhouses
or restaurants where food is prepared and sold at retail.
The basic unit of luminance (the amount of light falling
on a surface). Footcandle measurements are made with a light meter.
One footcandle is equivalent to the luminance produced on one square
foot of surface area by a source of one standard candle at a distance
of one foot.
[Added 11-4-2008]
The amount of light measured between the brightest and the
darkest areas. It may be measured at ground level of three feet above
the ground.
[Added 11-4-2008]
The measure of the illumination striking a horizontal plane.
[Added 11-4-2008]
The measure of the illumination striking a vertical plane.
[Added 11-4-2008]
The total area, calculated in square feet, of a site, if
viewed from above, covered by structures or improvements, including
areas under roof overhangs and under decks.[9]
[Added 5-6-1996]
The total square footage of a building or buildings if viewed
from above, including areas under overhangs.
[Added 7-14-2020]
The supporting substructure of a building or other structure,
excluding wooden sills and post supports, but including basements,
slabs, frost walls, or other base consisting of concrete, block, brick
or similar material.
[Amended 11-4-2008]
The linear distance measured along the lot line which separates
the lot from a public or private road, but not including a private
driveway providing access to more than one lot.
The length of a lot bordering on a water body or wetland
measured in a straight line between the intersections of the lot lines
with the shoreline.
[Amended 11-5-1991; 11-3-2009]
A shielded fixture that directs all light towards the ground
by preventing all transmission of light above a horizontal line as
specified by the IES.
[Added 11-4-2008]
Those uses that require, for their primary purpose, location
on submerged lands or that require direct access to, or location in,
coastal or inland waters and that can not be located away from these
waters. The uses include but are not limited to commercial and recreational
fishing and boating facilities, excluding recreational boat storage
buildings, finfish and shellfish processing, fish storage and retail
and wholesale fish marketing facilities, waterfront dock and port
facilities, shipyards and boat-building facilities, marinas, navigation
aids, basins and channels, retaining walls, industrial uses dependent
upon waterborne transportation or requiring large volumes of cooling
or processing water that cannot reasonably be located or operated
at an inland site, and uses that primarily provide general public
access to coastal or inland waters.
[Added 11-4-2008]
A retail establishment primarily engaged in the sale of drawings,
photography, paintings, sculpture and the like to customers for their
own individual or household use. Accessory uses may include restaurant.[10]
[Added 6-8-2010]
An accessory building or a portion of the principal dwelling
unit(s) used for parking or temporary storage of automobiles of residential
occupants of the premises. Not more than one space may regularly be
used by the private passenger automobile of a person not resident
on the premises.
[Amended 11-4-2008]
The interfering brilliance of a light source at various viewing
angles.
[Added 11-4-2008]
Glare which reduces visual performance due to light scattered
in the eye, reducing the contrast of the image.
[Added 11-4-2008]
A governmental or public service use for the general benefit
of the citizens funded in whole or in part by the state, federal government,
Town of Bar Harbor or a quasi-public organization, including, by way
of illustration and without limitation, public parks and recreational
facilities, visitor information offices.
[Amended 6-8-2010]
In relation to buildings, the average of the finished ground
level at the center of each wall of a building.
See "extraction."
An initiative of the Maine State Planning Office to encourage
developments that have the following features as defined:
[Added 6-13-2006[11]]
Walkability: Pedestrian access to other neighborhoods
and commercial areas;
Civic core: a portion of the development lot
or a building to allow for public gathering;
Neighborhood boundaries: Joining neighborhoods
together by vehicles; and
Protection from excessive traffic: street planning
standards to discourage speeds over 35 miles per hour.
See "water bodies, great pond."
[Added 11-5-1991]
See "water bodies, great pond classified GPA."
[Added 11-5-1991]
An enclosed building, permanent or portable, which is used
for the growth of small plants to be sold at wholesale or retail.
An accessory building to a residence designed or used for
the growth of small plants.[12]
A small neighborhood establishment retailing food and related
commodities, as distinguished from a supermarket.
The sum of the gross horizontal areas of all enclosed floors
of a building, excluding basements, areas beyond exterior walls, and
any space with a floor to ceiling height of less than six feet six
inches.
[Added 6-13-2006[13]]
The total area, in square feet, of a building or structure,
measured from the interior faces of exterior walls and, in shared
buildings or structures, from the center line of each interior wall
dividing separately leased or separately owned space. For the sole
purpose of calculating required parking spaces, GLA shall include
only the area used for, or in support of, the principal use.
[Amended 11-4-2003; 11-4-2008]
Small plants, fallen leaves, needles and twigs, and the partially
decayed organic matter of the forest floor.
[Added 11-4-2008]
A room in a hotel, motel, tourist home or bed-and-breakfast
offered to the public for compensation in which room no provision
is made for cooking and which room is only for transient occupancy.
A document published by the Maine State Planning Office and
GrowSmart Maine, dated June 2004, or as most recently amended.
[Added 6-13-2006[14]]
A ramp or other method of access that is accessible to the
handicapped (a maximum pitch of 8.33% is often specified for a ramp).
[Added 11-2-1999]
A hospital, clinic, nursing home, boarding care facility,
retirement community or any other place for the treatment or diagnosis
of human ailments, excluding professional offices.
[Amended 5-3-1999]
The vertical distance between the mean original grade and
the highest point of any structure except a building and, for buildings,
the top of the highest roof beams of a flat roof, or the mean level
of the highest gable or slope of a hip roof, excluding chimneys, church
steeples, water tanks or towers, ornamental cupolas, towers or turrets,
antennas, transmission towers, mechanical rooms, and windmills.
[Amended 11-5-1991; 5-4-1992; 5-2-1994; 11-2-1999; 11-4-2003; 6-8-2010]
The vertical distance between the mean original grade and
the highest point of any structure, excluding chimneys, church steeples,
silos, water tanks or towers, ornamental cupolas, towers or turrets,
antennas, transmission towers, mechanical rooms, and windmills.
[Added 11-4-2003; amended 11-4-2008; 6-8-2010]
The vertical distance between the mean original grade at
the downhill side of the structure and the highest point of the structure,
excluding chimneys, church steeples, silos, water tanks or towers,
ornamental cupolas, towers or turrets, antennas, transmission towers,
mechanical rooms, and windmills.
[Added 5-2-1994]
High-intensity discharge lighting, a family of bulb type
including mercury vapor, metal halide, and high-pressure or low-pressure
sodium, which glow when an electric current is passed through a gas
mixture inside the bulb.
[Added 11-4-2008]
A map prepared by a Maine certified soil scientist identifying
the soil types down to 1/10 acre or less at a scale equivalent to
the subdivision plan submitted. The soils shall be identified in accordance
with the National Cooperative Soil Survey. The map shall show the
location of all test pits or auger samples used to identify the soils
and shall be accompanied by a log of each sample point identifying
the depth to seasonal high water table or bedrock at that point. Single
soil test pits and their evaluation for suitability for subsurface
wastewater disposal systems shall not be considered to constitute
high-intensity soil surveys.
A building or structure meeting the criteria set forth in § 125-112D(1) and listed on the list of historic buildings and structures.
[Added 11-2-1999]
An area of the Town of Bar Harbor which contains improvements
which have a special character or special historical or aesthetic
interest or value and represent one or more periods or styles of architecture
typical of one or more eras in the history of Bar Harbor and cause
such area, by reason of such factors, to constitute a distinct section
of the Town.
Those buildings classified as historic that retain original
features and possess historic and architectural merit of a degree
warranting their preservation.
[Added 11-2-1999]
Areas identified by a governmental agency such as the Maine
Historic Preservation Commission as having significant value as historic
or archaeological resources and any areas identified by the municipality's
Comprehensive Plan.
[Added 5-3-1999]
Festoon-type lights, limited to small, individual, low-wattage
bulbs on a string.
[Added 11-4-2008]
A business, trade, arts, occupation or profession conducted
for gain and support which is customarily carried on entirely within
a residential dwelling unit or structure accessory to the dwelling
unit which is clearly accessory and incidental to and compatible with
the surrounding residential uses.
[Amended 6-8-2010]
A health institution providing health services, primarily
for inpatients, and medical or surgical care of the sick or injured,
including as an integral part of the institution such related facilities
as laboratories, outpatient departments, training facilities, central
service facilities and staff offices.
A facility offering transient lodging accommodations for
transients and which may include additional accessory facilities and
services available to the general public, as well as a conference
center.
[Amended 6-8-2010]
The Illumination Engineering Society North America Lighting
Handbook. The most recent edition shall be used for the definition
of terms used in this chapter but not defined herein. In the case
of conflict with the terms of this chapter, the most-restrictive definition
will apply.
[Added 11-4-2008]
Any change in a structure or property which causes further
deviation from the dimensional standard(s) creating the nonconformity,
such as but not limited to reduction in water body, tributary stream
or wetland setback distance, increase in lot coverage, or increase
in height of a structure. Property changes or structure expansions
which either meet the dimensional standard or which cause no further
increase in the linear extent of nonconformance of the existing structure
shall not be considered to increase nonconformity. For example, there
is no increase in nonconformity with the setback requirement for water
bodies, wetlands, or tributary streams if the expansion extends no
further into the required setback area than does any portion of the
existing nonconforming structure. Hence, a structure may be expanded
laterally, provided that the expansion extends no closer to the water
body, tributary stream, or wetland than the closest portion of the
existing structure from that water body, tributary stream, or wetland.
Included in this allowance are expansions which infill irregularly
shaped structures.
[Added 11-4-2008]
Use of a premises for assembling, fabricating, finishing,
manufacturing, packaging, or processing, including but not limited
to assembly plants, laboratories, power plants, pumping stations and
repair shops.
A use, building or structure devoted to some public, governmental,
educational, charitable, religious, medical or similar purpose.[15]
[Amended 6-8-2010]
A place where five or more dogs or wolf hybrids are kept
in a single location under one ownership for breeding, hunting, show,
training, field trials, sledding, competition or exhibition purposes.
The sale or exchange of one litter of puppies within a twelve-month
period alone does not constitute the operation of a kennel.
[Added 6-14-2011]
Any place, building, tract of land, or abode in or on which
three or more privately owned companion animals are kept at any one
time for their owners in return for a fee or compensation and includes
a facility where three or more companion animals are kept for training
purposes for compensation.
[Added 6-14-2011]
Natural or artificial bodies of water which retain water
year-round. Artificial ponds may be created by dams or may result
from excavation.[16]
[Amended 6-8-2010]
The light emitted directly from the lamp, off the reflector
or diffuser of a luminaire.
[Added 11-4-2008]
Direct light that has been reflected or scattered.
[Added 11-4-2008]
The fabrication or processing of materials into the finished
product, the weight of which shall not exceed 300 pounds. Fabrication
relates to stamping, cutting or otherwise shaping the processed materials
into useful objects or products. Light manufacturing does not include
the refining or other initial processing of basic raw materials such
as metal ores, lumber or rubber.
The lamp or enclosing bulb or reflective enclosure.
[Added 11-4-2008]
The light projected onto a property from a fixture not located
on that property.
[Added 11-4-2008]
An off-street space or berth on the same lot with a building
or contiguous to a group of buildings for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials
and which abuts upon a street, alley or other appropriate means of
access.
See "transient accommodations."
A single or multicolored symbolic design unique to a business
or product, service facility, or point of interest and used to identify
its product or services.
[Added 11-2-1999]
A contiguous area of land undivided by any street or private
road, in one ownership or leasehold, with ascertainable boundaries
established by deed or some other instrument of record. An area of
land undivided by any street or private road and which is owned in
common by members of a condominium shall be considered one lot notwithstanding
the fact that each member may be entitled under the declaration to
an exclusive area of occupation. A dwelling unit within a condominium
development shall not be deemed a lot unless individual members of
the condominium shall individually own in fee an area of the land
that meets the minimum lot size requirements of this chapter.
[Amended 5-6-1996; 6-9-2009]
The area contained within the boundary lines of a lot minus:
[Amended 11-5-1991; 11-7-2006; 11-4-2008]
Land below the normal high water line of a water
body or upland edge of a wetland;
Sustained slopes greater than 20%.
Land held in a conservation easement that limits
the use of the land to activities that are no more intense than passive
recreation; and
Areas beneath roads serving more than two lots.
A lot abutting two or more streets at their intersection.
Except as otherwise provided in § 125-67B(8), the
footprint area of all structures and improvements calculated as a
percentage of the area of the lot shall be considered to be lot coverage,
including but not limited to principal and accessory buildings; all
improved vehicular and pedestrian surfaces, such as parking lots,
roads, driveways, maneuvering spaces, and pedestrian walkways, regardless
of the construction material employed; graveled areas and other nonvegetated
surfaces. Unimproved natural surfaces of a site shall not constitute
lot coverage, regardless of whether they are vegetated. Boats stored
in cradles above an unimproved natural surface shall not constitute
lot coverage. However, in the case of lumber yards, areas of stored
lumber shall constitute lot coverage.
[Amended 5-6-1996; 11-4-2003; 11-7-2006; 6-8-2010; 6-12-2018]
The mean horizontal distance between the front and rear lot
lines, measured within the lot boundaries.
See "frontage, road." When a lot has more than one street
lot line, lot width shall be measured, and the minimum lot width required
by this chapter shall be provided, at each such line.
A line bounding a lot which divides one lot from another
or from a street or any other public or private space, as defined
below:
[Amended 11-2-2004]
LOT LINE, FRONTIn the case of a lot abutting only one street, the street line separating such lot from such street; in the case of a double frontage lot, each street line separating such lot from a street shall be considered to be the front lot line. In the case of a lot with no road frontage, the front lot line shall be considered to be the line parallel to the front of the building.
LOT LINE, REARThat lot line which is parallel to and most distant from the front lot line of a lot. In the case of an irregular, triangular, or gore-shaped lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum distance from the front lot line shall be considered to be the rear lot line. In the case of corner lots there shall be no rear lot lines.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
A single lot of record which, at the effective date of adoption
or amendment of this chapter, does not comply with the minimum lot
size, minimum area per family, minimum road frontage, shore frontage,
minimum lot width or maximum lot coverage requirements of the district
in which it is located.
Any validly recorded lot which at the time of its recordation
complied with all applicable laws, ordinances, and regulations.
Numerical standards relating to spatial relationships, including
but not limited to setback, lot area, shore frontage, height, coverage,
road frontage and density.
The closest distance between the side lot lines of a lot
or the width of an imaginary square that will fit entirely within
the lines of a lot. When only two lot lines extend into the Shoreland
Zone, both lot lines shall be considered to be side lot lines.
[Amended 11-5-1991; 5-6-1996; 11-3-2009]
This is a reference to the document entitled "LID Guidance
Manual for Maine Communities - Approaches for Implementation of Low
Impact Development Practices at the Local Level," dated September
21, 2007, prepared for the Maine Coastal Program State Planning Office,
Augusta, Maine, as may be amended or updated by the source.
[Added 11-4-2008]
A unit used to measure the actual amount of light that is
produced by a light source. The lumen quantifies the amount of light
energy produced by a lamp at the lamp, not by the energy input, which
is indicated by the wattage. For example, a one-hundred-watt incandescent
light produces 1,800 lumens, but a seventy-watt high-pressure sodium
lamp produces 6,000 lumens. (Lumen output is listed by the manufacturer
on the packaging.)
[Added 11-4-2008]
The complete lighting fixture, including the lamp, the housing,
and optics.
[Added 11-4-2008]
A structural unit designed for human occupancy, constructed
in a manufacturing facility and then transported by the use of its
own chassis, or placed on an independent chassis, to a building site,
as defined more specifically in 30-A M.R.S.A. § 4358(1)(A).
A business establishment having frontage on navigable water
within the Town and providing for hire offshore mooring or docking
facilities for boats and accessory services and facilities, such as
boat sales, rental and storage, marine supplies and equipment, marine
engine and hull repairs, construction and outfitting of pleasure craft,
fuel and oil, electricity, fresh water, ice, shower and laundry facilities
and on-premises restaurant.
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.
An enclosed space, not designed for human habitation, for
the housing of mechanical services, including but not limited to heating,
ventilation, air-conditioning, refrigeration or elevator equipment.
Attic space below a pitched roof shall not be considered mechanical
space.
[Added 5-2-1994; amended 11-4-2003]
An office building used by members of the medical professions
for the diagnosis and outpatient treatment of human ailments; doctors'
offices are included in this definition.
[Amended 6-8-2010]
Hand sampling, test boring, or other methods of determining
the nature or extent of mineral resources which create minimal disturbance
to the land and which include reasonable measures to restore the land
to its original condition.
A parcel of land under unified ownership approved by the
Town of Bar Harbor for the placement of three or more manufactured
homes.
Family income which is between 80% and 150% of median family
income for Hancock County.
[Added 5-2-2005]
A facility providing sleeping accommodations for transients
with additional accessory facilities and services available to transients
at the motel only.
[Amended 6-8-2010]
Every vehicle which is self-propelled and designed for carrying
persons or property or which is used for the transportation of persons.
Any motor vehicle which is wrecked or dismantled, cannot
be operated legally on any public highway, or which is not being used
for the purpose for which it was manufactured.
Buildings or land which is owned by the Town of Bar Harbor
and operated under its supervision.
[Amended 6-8-2010]
A nonprofit institution operated principally for the purpose
of preserving and exhibiting objects of historical, cultural, scientific
or artistic interest and which may also engage in retail sales of
items related to its principal purpose. Restaurants as an accessory
use are permitted only in the Downtown and Salisbury Cove Corridor
Districts.
[Amended 6-8-2010]
Indigenous to the local forests.
[Added 11-4-2008]
Areas identified by a governmental agency such as the Maine
Department of Conservation Natural Areas Program as having significant
value as natural areas and any areas identified in the municipality's
Comprehensive Plan.
[Added 5-3-1999]
The total floor area leased, rented or owned to house a particular
use, including but not limited to customer seating, waiting and reception
areas, lounge and bar areas, kitchens, and offices, but not including
rest rooms, exit aisles, closets, and basements, attics and rooms
devoted exclusively to storage.
[Added 3-24-1998]
See "lot, nonconforming."
See "structure, nonconforming."
See "use, nonconforming."
That line which is apparent from visible markings, changes
in the character of soils due to prolonged action of the water or
changes in vegetation and which distinguishes between predominantly
aquatic and predominantly terrestrial land. Areas contiguous with
rivers and great ponds that support nonforested wetland vegetation
and hydric soils and that are at the same or lower elevation as the
water level of the river or great pond during the period of normal
high water are considered part of the river or great pond.
[Added 11-5-1991; amended 11-4-2008]
Any work necessary to maintain an improvement or structure
in its original or previously improved state or condition. Normal
maintenance and repair shall not include reconstruction, change in
design, change in structure, change in uses, change in location, or
change in size or capacity.
An enterprise which conducts the retail and wholesale sale
of plants grown on the site, as well as accessory items (but not power
equipment such as gas or electric lawn mowers and farm implements)
directly related to their care and maintenance. The accessory items
normally sold are clay pots, potting soil, fertilizers, insecticides,
hanging baskets, rakes and shovels.
A facility for the care of the aged or infirm, or a place
of rest for those suffering bodily disorders, but not including facilities
for surgical care or institutions for the care and treatment of mental
illness, alcoholism, or narcotics addiction.
The portion of a lot or site which is maintained in its natural
state to preserve scenic resources, farm and forest land, wetlands,
groundwater recharge areas, wildlife habitat, public access to water
bodies, and other important or environmentally sensitive areas or
to be used for outdoor recreation purposes.
The nighttime illumination of an outside area or object by
a device that produces light by any means.
[Added 11-4-2008]
The person or persons having the right of legal title to,
beneficial interest in, or a contractual right to purchase a lot or
parcel of land.
The area within the boundary lines of a development.
An open area used for parking one or more vehicles, excluding
an area associated with a driveway used for parking two vehicles or
fewer.
[Added 6-8-2010]
As a principal use, or an accessory use in the Shoreland
Maritime Activities District, a structure of no more than two levels
for parking vehicles on a deck supported above grade. Parking decks
shall utilize site grade differential to access parking. Parking decks
may be public or private. A parking deck used solely in conjunction
with a multifamily dwelling or hotel shall not be construed to be
a parking deck but rather a permitted accessory structure and use,
even though not on the same premises as the multifamily dwelling or
hotel.
[Added 6-13-2017]
The amount of parking spaces needed by the users of a particular
structure or tract of land.
As a principal use, a multistory structure used for parking
vehicles, either public or private, either self-service or valet,
for such parking or storage. A garage used solely in conjunction with
a multifamily dwelling or hotel shall not be construed to be a parking
garage but rather a permitted accessory structure and use, even though
not on the same premises as the multifamily dwelling or hotel.
[Added 6-13-2017]
An open area other than a street used for the parking of
more than four automobiles and available for public use, whether free,
for compensation, or as an accommodation for clients or customers.
A surfaced area, enclosed or unenclosed, meeting the size requirements of § 125-67E, together with a driveway connecting the parking space with a street, road or alley and permitting ingress and egress of that automobile without the necessity of moving any other automobile.
A transportation facility where passengers embark on or disembark
from carriers such as ferries and buses that provide transportation
to passengers for hire by land or sea. Passenger terminals typically
include some or all of the following: ticket counters, waiting areas,
management offices, baggage handling facilities, restroom facilities,
visitor center, cruise ship operations. A passenger terminal use on
the waterfront may include moorage for cruise ships and/or vessels
engaged in transporting passengers for hire. Activities commonly found
aboard such vessels, whether moored, docked or under way, that are
incidental to the transport of passengers shall be considered part
of the passenger terminal use and shall not be treated as separate
uses.
[Added 6-13-2017]
A level area adjacent to a dwelling unit constructed of stone,
cement or other material, located at ground level, with no railing
or other structure above the level of the ground. In all shoreland
districts a patio shall be considered a structure.
[Amended 6-8-2010]
A financial guarantee to ensure that all improvements, facilities
or work required by this chapter, regulations and the approved plans
and specifications of a development.
A criterion established to control the use of land and structures.
The purpose of performance standards is to provide detailed regulations
and restrictions by means of minimum criteria which must be met by
uses in order to protect neighbors from adverse impacts of adjoining
land uses and to protect the general health, safety and welfare of
citizens of Bar Harbor.
An individual, corporation, governmental agency, municipality,
trust, estate, partnership, association, two or more individuals having
a joint or common interest, or other legal entity.
[Added 11-5-1991]
Property which is owned, utilized and maintained by an individual
or members of his or her residence and acquired in the normal course
of living in or maintaining a residence and is not attached to or
affixed to the ground or a structure. It does not include merchandise
which was purchased for resale or obtained on consignment.
A business which provides services but not goods, such as
hairdressers, shoe repair, and the like.
A computer representation of the appearance of a building
or scene showing how it currently looks or how it will look after
specified activities (i.e., the construction of a building, renovations,
landscaping, etc.) have occurred.
[Added 11-2-1999]
A semiconductor-based device that converts light directly
into electricity.
[Added 11-2-2021]
See "structure, water-related."
[Added 5-2-2005]
Any group of synthetic or natural organic materials that
may be shaped when soft and then hardened.
[Added 11-2-1999]
See "water bodies."[18]
A porch-like structure consisting of a roof supported by
columns.
[Added 11-2-1999]
One or more parcels of land which are in the same ownership
and are contiguous, and including all buildings and other structures
thereon.
[Added 11-2-1999]
The location where the owner resides most of the year. The
property owner uses this address as their legal address for tax returns,
driver's license, and/or voter registration card.
[Added 11-2-2021]
See "street."
A building in which there is located the office of a professional,
such as an architect, accountant, dentist, lawyer, and the like, or
in which a business conducts its administrative, financial or clerical
operations, but not including any manufacturing or sale of goods or
merchandise.
[Amended 6-8-2010]
A property whereby the property owner qualifies for the homestead
exemption under 36 M.R.S.A. §§ 681 through 689, respectively.
[Added 6-13-2006]
A property whereby the property owner does not qualify for
the homestead exemption under 36 M.R.S.A. §§ 681 through
689, respectively.
[Added 6-13-2006]
Any facility, including but not limited to buildings, property,
recreation areas, and roads, which is owned, leased, or otherwise
operated, or funded by a governmental body or public entity.
[Added 11-4-2008]
Any improvement, facility or service, together with customary
improvements, necessary to provide for public needs, such as vehicular
and pedestrian circulation systems, storm sewers, flood-control improvements,
water supply and distribution facilities, sanitary sewage disposal
and treatment, and public utility and energy services.
Any person, firm, corporation, municipal department, board
or commission authorized by the Maine Public Utilities Commission
to furnish gas, steam, electricity, communication facilities, or transportation
of water to the public.
Structures such as electric substations or similar facilities
of a scale and character commonly found only in a few specialized
locations in the Town, necessary to the delivery of electricity or
other services regulated by the Maine Public Utilities Commission,
but excluding wind turbines and wireless communication towers.
[Added 6-9-2015]
The act of connecting to utilities services such as electricity,
water, sewer, telephone and cable television, as accessory to a permitted
use or structure.
[Added 6-9-2015]
The following soil series as described and identified by
the National Cooperative Soil Survey:
[Added 11-5-1991]
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Alluvial
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Cornish
|
Charles
| |
|
Fryeburg
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Hadley
|
Limerick
| |
|
Lovewell
|
Medomak
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Ondawa
| |
|
Podunk
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Rumney
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Saco
| |
|
Suncook
|
Sunday
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Winooski
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The restoration, remodeling or rebuilding of a nonconforming
structure, whether necessitated by deterioration, obsolescence, casualty
or other occurrence, where the costs of such work equal or exceed
the value of the property in its existing condition.
Recreation activities which necessitate some degree of structural
or mechanical components for participation in the activity.
A place designed and equipped for the conduct of sports,
leisure time activities, and other customary and usual recreational
activities, excluding boat launching facilities.
[Added 11-3-2009]
Outdoor recreational activities which involve no structures
or motorized equipment, such as skiing, horseback riding, cycling,
hiking, walking, picnicking and the like.
A vehicle or vehicular attachment designed for temporary
sleeping or living quarters for one or more persons which is not a
dwelling and which may include a pickup camper, travel trailer, tent
trailer, camp trailer, and motor home. In order to be considered as
a vehicle and not as a structure, the unit must remain with its tires
on the ground and must be registered with any state's division of
motor vehicles.
[Amended 11-5-1991]
A written permission issued by the Code Enforcement Officer or designee to a property owner to operate a short-term rental in compliance with Chapter 174, Short-Term Rental Registration.
[Added 11-2-2021]
A modification to the architectural style, general design
and general arrangement of the exterior of a building or structure,
including the kind and texture of the building materials and the type
and style of all windows, doors, light fixtures, other appurtenant
fixtures and other features, such as landscaping, i.e., walks, fences,
trees, driveways and parking areas. In addition, all activities that
affect the exterior and which require a building permit are also included
in this definition.
[Added 11-2-1999]
A system intended to replace:
[Added 11-4-2008]
A building or part of a building devoted to scientific inquiry
and ancillary functions. No manufacturing is conducted on the premises
except as related to the scientific research being conducted; said
activities shall be solely for eleemosynary purposes.
A building or part of a building devoted to the propagation,
maintenance and distribution of animals, or other biological materials,
for use in scientific inquiry; said activities shall be solely for
eleemosynary purposes.[19]
[Amended 5-2-1994; 11-6-2001]
An establishment whose principal business is
the sale of food or beverages to consumers in a ready-to-consume state
and whose principal method of operation includes one or both of the
following characteristics:
Drive-up windows for the procurement of food
are not an approved use in the Town of Bar Harbor.
[Added 5-2-1994; amended 11-6-2001]
An establishment whose principal business is
the sale of food or beverages to consumers in a ready-to-consume state,
which is not licensed to serve alcoholic beverages to be consumed
on the premises, with all of the following characteristics:
Drive-up windows for the procurement of food
are not an approved use in the Town of Bar Harbor.
Any business, housed in a permanent structure, engaged primarily
in the sale of goods and services to the ultimate consumer for direct
consumption or use but not for resale.
A combined facility providing independent living and one
or more of congregate housing, assisted living, or care of the aged,
infirm or those suffering physical disorders or other conditions requiring
special care or residential arrangements, but not including the care
and treatment, principally, of alcoholism, narcotics addiction, or
mental illness other than senile dementia, Alzheimer's, and similar
mental illness, and which facility may include and provide shared
community space, shared dining facilities, personal care and assistance,
recreational activities, specialized shared services such as medical
services, nursing services and physical and other types of therapy,
or similar types of service.
[Added 5-3-1999]
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.
See "water bodies."
See "street."
A roadside stand selling at retail on the premises only farm
produce, campfire wood, or garden, greenhouse or nursery products
and, between Labor Day and Christmas, cut Christmas trees, garlands,
wreaths and wreath materials primarily produced on the property.
Areas of coastal wetland (most often along coastal bays)
that support salt-tolerant species and where, at average high tide
during the growing season, the soil is irregularly inundated by tidal
waters. The predominant species is salt marsh cordgrass (Spartina
alterniflora). More open areas often support widgeon grass, eelgrass,
and Sago pondweed.
[Added 11-5-1991; amended 11-4-2008]
Areas of a coastal wetland that support salt-tolerant plant
species bordering the landward side of salt marshes or open coastal
water, where the soil is saturated during the growing season but which
is rarely inundated by tidal water. Indigenous plant species include
salt meadow cordgrass (Spartina patens) and black rush; common threesquare
occurs in fresher areas.
[Added 11-5-1991; amended 11-4-2008]
A facility owned by the Town of Bar Harbor within which educational
classes for any grades, kindergarten through 12, are conducted pursuant
to a program approved by the State Board of Education or similar governmental
agency.
A privately owned facility within which instruction is provided
for a fee.
[Amended 5-4-1998]
A privately owned facility within which educational classes
for any grades, kindergarten through eighth grade, shall be conducted
pursuant to a program approved for attendance purposes under state
law pursuant to 20-A M.R.S.A. § 2901, or any corresponding
provision of any future law, and recognized by the Maine Department
of Education (or similar government agency) as providing an equivalent
instruction alternative to public school instruction and within which
early childhood development classes may also be conducted.
[Added 5-3-1999]
A hedge or buffer strip at least five feet wide consisting
of densely planted shrubs or trees at least four feet in height at
time of planting and eventually reaching a mature height of at least
six feet in height, but not exceeding eight feet, which provides an
effective visual barrier.
The closing of a business for a period of more than 90 consecutive
days with the intent to reopen.
[Added 11-2-1999]
Waste, refuse, effluent, sludge and any other materials from
septic tanks, cesspools or any other similar facilities.
[Added 11-5-1991]
See "subsurface sewage disposal system."
[Added 11-5-1991]
Any utility line extension which does not cross or run beneath
any portion of a water body, provided that:
[Added 11-5-1991]
Establishments primarily engaged in providing assistance,
as opposed to products, to individuals, business, industry, government
and other enterprises.
[Added 6-8-2010]
The horizontal distance from a lot line or normal high water
line of a water body or tributary stream, or upland edge of a wetland,
to the nearest part of a structure, road, parking space or other regulated
object, activity or area.
[Amended 11-5-1991; 11-4-2008]
Setback between the front lot line and the nearest part of
a structure, road, parking space or other regulated object, activity
or area.
[Amended 11-5-1991]
Setback between the rear lot line and the nearest part of
a structure, road, parking space or other regulated object, activity
or area.
[Amended 11-5-1991]
Setback between a side lot line and the nearest part of a
structure, road, parking space or other regulated object, activity
or area.
[Amended 11-5-1991]
Any group of three or more rooms, other than lodging or vacation
rental, where for direct or indirect compensation the occupants live
in furnished rooms with shared kitchens for more than 30 days. The
occupants do not constitute a family or a single housekeeping unit.
The makeup of the occupants is determined by the landlord, property
manager, or other third party and not by the occupants themselves.
A shared accommodation serving a hospital shall not be subject to
the thirty-day minimum requirement. There are three different types
of shared accommodations:
[Added 7-14-2020]
A retail store located within a marina selling supplies and
equipment for boats.
The land area located within 250 feet, horizontal distance,
of the normal high water line of any great pond or river; within 250
feet, horizontal distance, of the upland edge of a coastal wetland,
including all areas affected by tidal action; within 250 feet of the
upland edge of a freshwater wetland; or within 75 feet, horizontal
distance, of the normal high water line of a stream.
[Amended 11-5-1991; 11-4-2008]
The normal high water line, or upland edge of a freshwater
or coastal wetland.
[Added 11-4-2008]
Includes vacation rental, vacation rental-1 (VR-1) and vacation
rental-2 (VR-2).
[Added 11-2-2021]
An object, device or display, or part thereof, whether freestanding,
portable, affixed to a building or otherwise, situated outdoors or
indoors, which is directed at persons outside or off the premises,
used to advertise, identify, display, direct or attract attention
to an object, person, institution, organization, business, product,
service, event or location by any means, including words, letters,
figures, design, symbols, fixtures, colors, illumination or projected
images. This definition shall not, however, be construed to include
merchandise or decorative displays.
[Amended 11-5-1991]
The exposed surface of the sign, including all ornamentation,
embellishment, background, and symbols, but excluding the structure
which does not form a part of the message of the sign measured in
square feet. Regardless of the shape of the sign, the area of a sign
shall be the smallest rectangle which encloses the whole message.
The total sign area for a premise means the sum of the areas of all
signs visible from public streets, sidewalks, parks, etc. This includes
small signs attached to the principal sign for a premises. Examples
of the latter are exemplified by small signs indicating "fireplaces,"
"swimming pool," or "Master Card, Diners Club or American Express
accepted." For a sign with a double signboard or display area, where
the sign faces are parallel and the faces duplicate one another, only
one side shall be counted in calculating allowable area.
[Amended 11-5-1991; 6-9-2009]
A sign that is not fixed or otherwise attached to a principal
or accessory structure.
[Amended 6-9-2009]
See 38 M.R.S.A. § 437.
[Added 11-5-1991]
A naturally occurring temporary to permanent inland body
of water that forms in a shallow depression and typically fills during
the spring or fall and may dry during the summer. The vernal pool
contains no viable populations of predatory fish, and it provides
the primary breeding habitat for wood frogs, spotted salamanders,
blue-spotted salamanders or fairy shrimp. The presence of any one
or more of these species is usually conclusive evidence of a vernal
pool. Only significant vernal pools that have been mapped or identified
by a Town-authorized agency prior to project approval shall be considered
as being within this definition. A significant vernal pool further
means that there are multiple species present, or that the vernal
pool is part of a corridor of other vernal pools, or that the pool
is adjacent to a wetland.
[Added 6-13-2006[20]]
A sign with a light source incorporated into the body of
the sign and where light emanates through, or from, the message of
the sign; there are five types, as follows:
[Added 6-14-2016; amended 11-2-2021]
TYPE 1; CABINET WITH TRANSLUCENT FACEAn internally illuminated sign with a cabinet-style fixture with full or nearly full translucent face(s) and/or sides, through which light from an internal source passes.
TYPE 2; CABINET WITH LIGHT-LIMITING FACEAn internally illuminated sign with an opaque surround cabinet-style fixture with light-limiting translucent face(s), flush translucent sign graphics within an opaque background field, through which light from an internal source passes. This type of sign has two acceptable categories:
TYPE 3; CHANNEL LETTERAn internally illuminated sign comprised of three-dimensional sign graphic letters and logos, each with its own internal light source, in which the dimensional faces are internally illuminated and affixed to the sign or structure upon which the channel letters are mounted.
TYPE 4; HALOAn internally illuminated sign comprised of dimensional sign graphics, which cast a halo-like glow along the sides of the graphics, or cast light backward onto the face of the sign or structure upon which the graphics are mounted.
TYPE 5; PUSH-THROUGH LETTERINGAn internally illuminated sign with an opaque surround cabinet-style fixture with light-limiting translucent face(s), protruding translucent sign graphics within an opaque background field, through which light from an internal source passes. The protruding (push-through) section is limited to 1/2 inch in depth. This type of sign has two acceptable categories:
A sign featuring exposed visible tubing illuminated by neon
or other fluorescing gas. The term "neon" shall also include light-emitting
diode (LED) or similarly lit signs intended to simulate the appearance
of neon signage.
[Added 11-2-2021]
A sign erected and maintained in accordance with the Maine
Traveler Information Services Act, 23 M.R.S.A. § 1901 et
seq. which points the way to public accommodations and facilities
or other commercial facilities.
[Amended 11-5-1991]
Any sign designed, intended or used for advertising a product,
property, business, entertainment, service, amusement or the like
and not located where the matter advertised is available or occurs.
A sign not designed or intended to be permanently affixed
into the ground or to a structure.
Any sign projecting more than six inches from a wall surface
of a building.
[Added 6-9-2009]
Any sign painted on, integral to, or attached to the roof
of a building.
[Amended 6-9-2009]
A sign of a temporary nature, to be displayed less than 30
days, exemplified by the following: political posters, charitable
signs, construction signs, carnival signs, garage sale signs, lawn
sale signs, rummage sale signs, all signs advertising sales or promotions,
and "for rent" signs.
[Amended 11-5-1991]
Any sign painted on, or attached parallel to and projecting
not more than six inches from, the wall surface of a building.
[Amended 11-5-1991]
Any sign visible from the exterior of a building or structure
which is painted, attached, glued or otherwise affixed to or placed
within six inches of a window or door.[21]
[Amended 11-5-1991; 6-9-2009]
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity of not more than 100 kW.
[Added 11-3-2009]
A solar collection system accessory to a permitted use or
structure, consisting of one or more roof-mounted and/or ground-mounted
solar photovoltaic cells, panels or arrays, and solar-related equipment
that rely upon solar radiation as an energy source for collection,
inversion, storage and/or distribution of solar energy for electricity
generation. The ground-mounted solar collection system shall not exceed
a total surface area (all panels/arrays) of 20,000 square feet in
size.
[Added 11-2-2021]
A solar collection system consisting of one or more ground-mounted
solar photovoltaic cells, panels or arrays, and solar-related equipment
that rely upon solar radiation as an energy source for collection,
inversion, storage and/or distribution of solar energy for electricity
generation.
[Added 11-2-2021]
A building or land where horses are kept for remuneration,
hire, sale, boarding, riding or showing.
An accessory building to a residence designed or used for
the accommodation of horses owned and used exclusively by occupants
of the residence to which it is accessory.
See "water bodies."
Public and private ways such as avenues, boulevards, highways,
roads and other rights-of-way consisting of a bed of exposed mineral
soil, gravel, asphalt or other surfacing material and constructed
for or created by the repeated passage of motorized vehicles, as well
as areas on subdivision plans designated as rights-of-way or streets,
except such ways as have been discontinued or abandoned. If a vehicular
accessway meets the definition of a driveway, it shall not be considered
a street unless agreed to by the developer or unless said accessway
is required to meet road frontage requirements, in which case street
standards shall apply.
[Amended 5-6-1996]
A major thoroughfare which serves as a major trafficway for
travel between and through the municipality.
A street servicing at least 25 lots or dwelling units, or
streets which serve as feeders to arterial streets and collectors
of traffic from minor streets.
[Amended 5-6-1996]
Streets servicing exclusively industrial or commercial uses.
[Amended 5-6-1996]
A street servicing fewer than 25 lots or dwelling units.
[Amended 5-6-1996]
A street servicing fewer than 15 lots or dwelling units which
is not intended to be dedicated as a public way and which will be
maintained by a developer, property owner or group of property owners
or a street which is not intended to be dedicated as a pubic way but
which is constructed in accordance with the standards for a minor
or collector street, depending on the number of lots or dwelling units
served.
[Amended 5-6-1996]
Projects involving the design, construction, renovation and/or
maintenance of the actual structure of a building.
[Added 11-2-1999]
Anything constructed or erected, the use of which requires
location on, above or below the surface of the land or water.
[Amended 5-3-1999]
A structure which is:
Subordinate to and serves a principal structure
or a principal use;
Subordinate in area, extent and purpose to the
principal structure or use served;
Located on the same lot as the principal structure
or use served, except as otherwise expressly authorized by the provisions
of this chapter; and
Customarily incidental to the principal structure
or use.
Any portion of a principal structure devoted
or intended to be devoted to an accessory use is not an accessory
structure.
A structure which, at the effective date of adoption or amendment
of this chapter, does not meet the dimensional, height, or setback
requirements of the district in which it is located.
[Amended 11-5-1991; 11-7-2006]
A structure other than one which is used for purposes wholly
incidental or accessory to the use of another structure or use on
the same lot.
[Amended 11-5-1991]
A structure established for a fixed period of time with the
intent to completely remove same from the lot upon the expiration
of such time.
A structure, including a pier, dock, wharf, float, crib,
piling, boathouse, breakwater or causeway, the utility of which depends
on its extending over or below the normal high-water line of a water
body or within a wetland. See "use, water-dependent."
[Amended 11-5-1991; 6-8-2010]
Structures which extend over or below the normal high-water
line of a water body or within wetland for seven months or more in
any period of 12 consecutive months.
[Amended 11-5-1991; 6-8-2010]
Structures which extend over or below the normal high-water
line of a water body or within a wetland for less than seven months
in any period of 12 consecutive months.
[Amended 11-5-1991; 6-8-2010]
(Applicable only in the Educational Institution District)
Structures or portions therein where sleeping accommodations are provided
to undergraduate students, graduate students, or any individual attending
the college in either matriculated or nonmatriculated status, in one
room or in a series of closely associated rooms under joint occupancy
and single management.
[Added 5-3-2004]
See 30-A M.R.S.A. § 4401(4).
Completion of 30% of a permitted structure or use measured
as a percentage of the estimated total cost.
[Added 11-5-1991]
The actual start date of construction is considered, but
not limited to, construction, repairs, reconstruction, rehabilitation,
and additions which occur within six months from the date the permit
for such work was issued. Construction activities that do not require
a building permit are not considered starting construction. The start
of construction includes, but is not limited to, the placement of
a structure on a site, setting forms for the pouring of a slab or
footings, the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation
or installation of more than 10 cubic yards of fill. The start of
construction also includes, but is not limited to, the removal or
installation of interior or exterior doors, windows, walls, 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. The start of construction does not include land preparation,
such as clearing, grading or filling of less than 10 cubic yards of
fill. All activities, uses or construction allowed by a building permit
must be started within six months from the date the permit was issued
or the permit is null and void.
[Added 6-8-2010]
A review of a completed application to determine whether
it complies with the review standards set forth in this chapter and
with other applicable requirements of law.
Any system designed to dispose of waste or wastewater on
or beneath the surface of the earth; includes but is not limited to
septic tanks, disposal fields, grandfathered cesspools, holding tanks,
and pretreatment filter, piping, or any other fixture, mechanism,
or apparatus used for those purposes; does not include any discharge
system licensed under 38 M.R.S.A. § 414, any surface wastewater
disposal system, or any municipal or quasi-municipal sewer or wastewater
treatment system.
[Added 11-5-1991; amended 11-4-2008; 11-3-2009]
A system intended to replace:
[Added 11-5-1991]
A change in elevation where the referenced percent grade
is substantially maintained or exceeded throughout the measured area.
[Added 11-5-1991]
An outdoor artificial receptacle or other container, whether
in or above the ground, used or intended to be used to contain water
for swimming or bathing and designed for a water depth of 24 inches
or more.
A plan approved by a building owner which outlines design
guidelines for tenant signage. Such a plan may include, but is not
limited to the following elements: size limitations and locations
of signage. The tenant signage plan shall be reviewed by the Design
Review Board, and upon approval by the Board the building owner shall
be issued a certificate of appropriateness certifying the approval
of the plan.
[Added 11-8-2011]
A temporary collapsible shelter of canvas or similar material
stretched and sustained by poles made fast by ropes attached to pegs
into the ground and used for camping outdoors or as a temporary building.
[Added 11-2-1999]
A fully enclosed building used for display or presentation
to the public of films, plays or other kinds of performances.
Any area upon which tidal action occurs.
[Amended 6-8-2010]
All waters affected by tidal action during the highest annual
tide or mean highest high-water mark, whichever number requires the
furthest setback from the water for the given year of measurement
maximum spring tide.[22]
[Added 11-4-2008; amended 6-8-2010]
A person staying at a place that does not constitute his
or her home or usual dwelling unit for less than 30 days.
TA-1Bed-and-breakfast accommodations in the private, year-round residence of the host family who live on the premises (one to three rooms; maximum six guests). Breakfast is the only meal provided.
TA-2A building or buildings where for compensation lodging is provided (four to 25 rooms). No meals are served.
TA-3An existing building, constructed and completed prior to June 10, 1986, where for compensation lodging is provided (four to 10 rooms). TA-3 is permitted in districts where it is felt that lodging for transients is necessary to preserve or maintain many of Bar Harbor's residential structures:
[Amended 11-5-1991; 11-2-2004]
No building shall be expanded in floor area or volume by more
than 10% over the lifetime of the building;
There shall not be constructed any exterior stairway or fire
escape enclosed or otherwise above the ground floor visible from the
street on which the building fronts; and
Breakfast is the only meal provided.
TA-4An existing building, constructed and completed prior to June 10, 1986, where for compensation lodging is provided (11 to 25 rooms). TA-4 is permitted in districts where it is felt that lodging for transients is necessary to preserve or maintain many of Bar Harbor's residential structures:
[Amended 11-5-1991; 11-2-2004]
No building shall be expanded in floor area or volume by more
than 10% over the lifetime of the building;
There shall not be constructed any exterior stairway or fire
escape enclosed or otherwise above the ground floor visible from the
street on which the building fronts; and
Breakfast is the only meal provided.
TA-5A building or buildings where for compensation lodging and one or more meals for guests only are provided (four to 25 rooms).
[Amended 5-6-2002]
TA-6An existing building, constructed and completed prior to June 10, 1986, where for compensation lodging and meals for guests only are provided (four to 25 rooms). TA-6 is permitted in districts where it is felt that lodging for transients is necessary to preserve or maintain many of Bar Harbor's residential structures:
[Amended 11-5-1991; 11-2-2004]
TA-7A building or buildings where for compensation lodging and meals are provided (four to 25 rooms). Accessory uses subject to site plan review include restaurant, gift shop and the like.
TA-8A building or buildings where for compensation lodging and meals are provided (25 or more rooms). Accessory uses subject to site plan review include restaurant, cocktail lounge, gift shop, conference room, recreational facilities, such as swimming pool, game courts, and recreational rooms, and the like.
Structures and grounds used for transportation service activities,
such as ticket booths and waiting shelters for bus, taxi, touring
van or ferry passengers. The term does not include parking lots or
major ferry terminal facilities such as the one for the Bluenose.
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 chapter,
and only applies to that portion of the tributary stream located within
the Shoreland Zone of the receiving water body or wetland.
[Added 11-5-1991; amended 6-13-2006; 11-3-2009; 6-8-2010]
A portable, usually cloth, canopy to provide protection against
the weather that is fastened to a frame with hinged ribs that radiate
from the center pole which may be attached to a patio table.
[Added 11-2-1999]
A dwelling or other structure used and occupied by a professional
licensed mortician for burial preparation and funeral services.
See "wetland, upland edge."
[Added 11-5-1991]
The purpose or activity for which land or any building or
structure thereon is designed, arranged, intended, occupied or maintained.
A use which is:
An accessory use shall not include any use injurious
or offensive to the neighborhood as initially determined by the Code
Enforcement Officer.
Allowed off-street parking shall always be considered a permitted
accessory use when required or provided to serve a permitted use in
any district.
[Added 6-13-2017]
Those uses that require, for their primary purpose, location
on submerged lands or that require direct access to, or location in,
inland waters and that cannot be located away from these waters. The
uses include, but are not limited to commercial and recreational fishing
and boating facilities, excluding recreational boat storage buildings,
finfish and shellfish processing, fish storage and retail and wholesale
fish marketing facilities, waterfront dock and port facilities, shipyards
and boat building facilities, marinas, navigation aids, basins and
channels, retaining walls, industrial uses dependent upon waterborne
transportation or requiring large volumes of cooling or processing
water that cannot be reasonably located or operated at an inland site,
and uses that primarily provide general public access to inland and
tidal waters.
[Added 6-8-2010]
A use which, at the effective date of adoption or amendment
of this chapter, is not a permitted use in the district in which it
is situated.
A use which may be established in a particular district,
provided it conforms to all the requirements, standards, and regulations
of such district.
A use other than one which is wholly incidental or accessory
to another use on the same lot.
[Amended 11-5-1991]
A use established for a fixed period of time with the intent
to discontinue such upon the expiration of such time. Such uses do
not involve the construction or alteration of any permanent structure.[23]
All public services, such as electricity, water, sanitary
sewer, stormwater drainage, telephone and cable television.
The use of a dwelling unit or portion thereof for rent to
a family for a period of less than 30 days and a minimum of five days.
Time-share property, as most recently defined in 33 M.R.S.A § 591,
is also included in this definition.
[Added 6-13-2006; amended 11-5-2019]
A dwelling unit, or portion thereof, that is the primary
residence of the property owner or on the owner's primary residence
property and is rented to a person or a group for less than 30 days
and a minimum of two nights. The rental of a portion of the dwelling,
such as a bedroom, must be located in the principal structure housing
the dwelling unit.
[Added 11-2-2021]
An entire dwelling unit that is not the primary residence
of the property owner and is rented to a person or a group for less
than 30 days and a minimum of four nights.
[Added 11-2-2021]
All live trees, shrubs, and other plants, including, without
limitation, trees both over and under four inches in diameter measured
at 4 1/2 feet above ground level.
[Amended 6-8-2010]
An area of special flood hazard extending from offshore to
the inland limit of the primary frontal dune along an open coast and
any other area subject to high-velocity wave action from storms or
seismic sources.
[Added 6-8-2010]
A building used for the diagnosis, care and treatment of
ailing or injured animals which may include overnight accommodations.
The overnight boarding of healthy animals shall be considered a kennel.
An elevated or unobstructed location, position, or area that
permits an unhindered panoramic vista of particular interest or pleasure
or unique view to or from a particular point.
[Added 11-3-2009]
An assessment of impacts to the viewshed from and to a proposed
development. The assessment should accurately show the proposed project
to scale within the visual context of the viewshed. There are six
components of a visual impact assessment: defining the project setting
and viewshed, identifying key views for visual assessment, analyzing
existing visual character, a depiction of the visual appearance of
project alternatives, an assessment of the visual impacts of project
alternatives and a proposal for methods to mitigate adverse visual
impacts.
[Added 11-3-2009]
A design that is visually or architecturally harmonious with
the predominate pattern of buildings when viewed from a public street.
[Added 11-2-1999]
See "complement the visual character of the district."
[Added 11-2-1999]
The volume of all portions of a structure enclosed by a roof
and fixed exterior walls as measured from the exterior faces of these
walls and roof.
Structural or nonstructural walls that are not part of a
building or structure, such as retaining walls or walls for enclosing
or screening areas or facilities.
[Added 11-2-1999]
A structure for the storage of merchandise or commodities,
including bulk storage and bulk sales outlet.
Any inland body of water which in a natural state has a surface
area in excess of 10 acres, and any inland body of water artificially
formed or increased which has a surface area in excess of 30 acres
except for the purposes of this chapter, where the artificially formed
or increased inland body of water is completely surrounded by land
held by a single owner.
[Added 11-5-1991]
Any great pond classified GPA, pursuant to 38 M.R.S.A. § 465-A.
This classification includes some but not all impoundments of rivers
that are defined as great ponds.
[Added 11-5-1991]
Any free-flowing body of water from that point at which it
provides drainage for a watershed of 25 square miles to its mouth.
A free-flowing body of water from the outlet of a great pond
or the confluence of two perennial streams, as depicted by a solid
blue line on the most recent edition of a United States Geological
Survey 7.5 minute series topographic map or, if not available, a fifteen-minute
series topographic map, to the point where the body of water becomes
a river or flows to another water body or wetland within a shoreland
zone.
Any project extending from one bank to the opposite bank
of a river, stream, tributary stream, or wetland, whether under, through,
or over the water or wetland. Such projects include but may not be
limited to roads, fords, bridges, culverts, water lines, sewer lines,
and cables, as well as maintenance work on these crossings. This definition
includes crossings for timber-harvesting equipment and related activities.
[Added 11-5-1991; amended 11-4-2008; 11-3-2009]
See "use, water-dependent."
[Added 11-5-1991]
A coastal or freshwater wetland.
[Amended 11-5-1991; 6-13-2006[25]]
All tidal and subtidal lands, all lands with vegetation present
that is tolerant of saltwater and occurs primarily in a saltwater
or estuarine habitat, and any swamp, marsh, bog, beach, flat or other
contiguous lowland that is subject to tidal action during the highest
tide level for the year in which an activity is proposed, as identified
in tide tables published by the National Ocean Service. Coastal wetlands
include coastal portions of sand dunes.
[Added 11-5-1991; amended 6-13-2006; 11-4-2008; 11-3-2009; 6-8-2010]
A freshwater wetland dominated by woody vegetation that is
six meters (approximately 19.7 feet) tall or taller.
[Added 5-4-1992; amended 6-13-2006[26]]
Freshwater swamps, marshes, bogs and similar areas, which
are of 80,000 contiguous square feet or more or are wetlands adjacent
to any surface water body; and inundated or saturated by surface or
ground water at a frequency and for a duration sufficient to support,
and which under normal circumstances do support, a prevalence of wetland
vegetation typically adapted for life in saturated soils. Freshwater
wetlands may contain small stream channels or inclusions of land that
do not conform to the criteria of this definition.
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 highest annual tide,
including all areas affected by tidal action. For purposes of a freshwater
wetland, the upland edge is formed where the soils are not saturated
for a duration sufficient to support wetland vegetation or where the
soils support the growth of wetland vegetation but such vegetation
is dominated by woody stems that are six meters (approximately 20
feet) tall or taller.
[Added 11-5-1991; amended 6-13-2006; 11-4-2008; 6-8-2010]
See "structure, water-related."
Any business, housed in a permanent structure, engaged in
the sale of goods in large amounts to retailers or jobbers, rather
than directly to consumers.
All vertebrate species (animals with backbones), except fish.
Areas identified by a governmental agency such as the Maine
Department of Inland Fisheries and Wildlife as having significant
value as habitat for animals and any areas identified in the municipality's
Comprehensive Plan.
[Added 5-3-1999]
Activities engaged in for the exclusive purpose of management
of wildlife populations by manipulation of their environment for the
benefit of one or more species. Such practices may include, but not
be limited to, harvesting or removal of vegetation, controlled burning,
planting, impounding water, controlled hunting and trapping, relocation
of wildlife, predator and disease control, and installation of artificial
nesting sites, provided that such activities are specifically controlled
and designed for the purpose of managing such species.
An opening in the wall of a building for the admission of
light or air that is usually closed by casements or sashes containing
transparent or translucent material.
[Added 11-5-1991]
The blades, rotor, and associated mechanical and electrical
conversion components mounted on top of the supporting tower.
[Added 11-3-2009]
Live trees or woody, nonherbaceous shrubs.
[Added 11-4-2008]
The area of land on a lot not occupied by buildings.
The open, unoccupied space on the same lot with the principal
building between the front lot line and the nearest part of any building
on the lot and extending the entire width of the lot.
The open, unoccupied space on the same lot with the principal
building between the rear lot line and the nearest part of any building
on the lot and extending the entire width of the lot.
The open, unoccupied space on the same lot with the principal
building between a side lot line and the nearest part of any building
on the lot, extending from the front yard to the rear line or a front
line shall be deemed a side line.
[1]
Editor's Note: The former definition of “church,”
which immediately followed this definition, was repealed 5-2-2005.
For current provisions, see the definition of “place of worship.”
[2]
Editor's Note: The former definition of "cluster
development," which immediately followed this definition, was repealed
6-13-2006.
[3]
Editor’s Note: This ordinance also provided
that it shall apply retroactively to all proceedings, applications
and/or petitions pending on or commenced after 9-6-2005, notwithstanding
the provisions of 1 M.R.S.A. § 302.
[4]
Editor's Note: See 33 M.R.S.A. § 1601-101
et seq.
[5]
Editor’s Note: This ordinance also provided
that it shall apply retroactively to all proceedings, applications
and/or petitions pending on or commenced after 9-6-2005, notwithstanding
the provisions of 1 M.R.S.A. § 302.
[6]
Editor’s Note: The definition of “dbh,”
added 11-4-2008, which immediately followed, was repealed 6-12-2018.
[7]
Editor's Note: The former definition of "dwelling unit, accessory,"
added 6-13-2006, which immediately followed, was repealed 11-2-2021.
[8]
Editor's Note: The former definition of "floor area ratio,"
which immediately followed, was repealed 6-13-2023.
[9]
Editor’s Note: The definition of “forest management
activities,” which immediately followed, was repealed 6-12-2018.
[10]
Editor's Note: The former definition of "garage, commercial,"
which immediately followed, was repealed 6-13-2017. See now the definition
of "parking garage."
[11]
Editor’s Note: This ordinance also provided
that it shall apply retroactively to all proceedings, applications
and/or petitions pending on or commenced after 9-6-2005, notwithstanding
the provisions of 1 M.R.S.A. § 302.
[12]
Editor's Note: The former definition of "grocery store," which
immediately followed this definition, was repealed 6-8-2010.
[13]
Editor’s Note: This ordinance also provided
that it shall apply retroactively to all proceedings, applications
and/or petitions pending on or commenced after 9-6-2005, notwithstanding
the provisions of 1 M.R.S.A. § 302.
[14]
Editor’s Note: This ordinance also provided
that it shall apply retroactively to all proceedings, applications
and/or petitions pending on or commenced after 9-6-2005, notwithstanding
the provisions of 1 M.R.S.A. § 302.
[15]
Editor's Note: The former definitions of "kennel, commercial"
and "kennel, noncommercial," which immediately followed this definition
were repealed 6-14-2011; see now the definitions of "kennel" and "kennel,
boarding."
[16]
Editor’s Note: The definition of “licensed forester,”
added 11-4-2008, which immediately followed, was repealed 6-12-2018.
[17]
Editor’s Note: This ordinance also provided
that it shall apply retroactively to all proceedings, applications
and/or petitions pending on or commenced after 9-6-2005, notwithstanding
the provisions of 1 M.R.S.A. § 302.
[18]
Editor's Note: See now the definition of "lakes and ponds."
[19]
Editor’s Note: The definition of “residual basal
area,” added 11-4-2008, which immediately followed, was repealed
6-12-2018.
[20]
Editor’s Note: This ordinance also provided
that it shall apply retroactively to all proceedings, applications
and/or petitions pending on or commenced after 9-6-2005, notwithstanding
the provisions of 1 M.R.S.A. § 302.
[21]
Editor’s Note: The definitions of “skid road or
skid trail,” and “slash,” added 11-4-2008, which
immediately followed, were repealed 6-12-2018.
[22]
Editor’s Note: The definition of “timber harvesting,”
as amended, which immediately followed, was repealed 6-12-2018.
[23]
Editor's Note: The former definition of "use, water-dependent,"
as amended 11-5-1991, which immediately followed this definition,
was repealed 6-8-2010.
[24]
Editor’s Note: This ordinance also provided
that it shall apply retroactively to all proceedings, applications
and/or petitions pending on or commenced after 9-6-2005, notwithstanding
the provisions of 1 M.R.S.A. § 302.
[25]
Editor’s Note: This ordinance also provided
that it shall apply retroactively to all proceedings, applications
and/or petitions pending on or commenced after 9-6-2005, notwithstanding
the provisions of 1 M.R.S.A. § 302.
[26]
Editor’s Note: This ordinance also provided
that it shall apply retroactively to all proceedings, applications
and/or petitions pending on or commenced after 9-6-2005, notwithstanding
the provisions of 1 M.R.S.A. § 302.
[27]
Editor’s Note: This ordinance also provided
that it shall apply retroactively to all proceedings, applications
and/or petitions pending on or commenced after 9-6-2005, notwithstanding
the provisions of 1 M.R.S.A. § 302.
