City of Sanford - Definitions

100-YEAR FLOOD

See "base flood."

ABANDONED SIGN

A sign whose message describes the availability of goods or services at a location where such goods and services are no longer available and have ceased to be available for a period of more than one (1) year or, in the alternative, a sign which is non-commercial in nature and the content of the sign pertains to a time, event or purpose which has elapsed or expired in the preceding three-hundred-sixty-five (365) days. Such abandonment includes intentional conduct, such as failure to pay taxes or permit fees, or to maintain the sign, or a negligent failure to do so.

ABATTOIR

A slaughterhouse, including the wholesale and retail sale of meat processed on the premises, and containing less than five-thousand (5,000) square feet of gross floor area.

ABUTTING PROPERTY

Any lot which is physically contiguous with the subject lot even if only at a point and any lot which is located directly across a street or right-of-way from the subject lot such that the extension of the side lot lines of the subject lot would touch or enclose the abutting property.

ACCESSORY BUILDING

A detached, subordinate building the use of which is clearly incidental and related to that of the principal building or use of the land and which is located on the same lot as that of the principal building or use.

ACCESSORY DWELLING UNIT (ADU)

A self-contained dwelling unit located within, attached to, or detached from a principal dwelling structure located on the same parcel of land. An ADU shall conform to the standards in § 280-15-13.

ACCESSORY STRUCTURE

A small detached structure that is incidental and subordinate to the principal structure.

ACCESSORY STRUCTURE OR USE

A use or structure which is incidental and subordinate to the principal use or structure. Accessory uses, when aggregated shall not subordinate the principal use of the lot. A deck or similar extension of the principal structure or a garage attached to the principal structure by a roof or a common wall is considered part of the principal structure.

ACTIVE FARMLAND

Land that has been used for agriculture, horticulture, and/or animal husbandry for at least two (2) consecutive years immediately preceding the calendar year for which the development of a commercial solar system or utility solar system is proposed in the Rural Residential Zone (RR). Land used as rotational farmland, permanent hay land, improved pasture, unimproved pasture, or other land supporting farming activities are defined as active farmland. For the purpose of this definition, permanent hay land includes hay land used in rotation with row or closegrown crops for more than two (2) years. It also includes hay land managed for the production of forage crops. It does not include fields that are mowed annually to keep the area from reverting to woody vegetation and does not result in baled or harvested vegetation.

ACTIVE USE

A use that generates many visits, in particular pedestrian visits, over an extended period of the day. An active use may include, but not be limited to, a shop, café, service, and/or a social use as outlined in the Table of Land Uses.

ADJACENT GRADE

The natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

ADULT BUSINESS ESTABLISHMENT

A. Any business, regardless of its category of use, a substantial or significant portion of which involves providing goods or services which appeal to prurient interests or which display, depict, simulate or describe the following:

(1) Activities involving the human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy;
(3) Activities involving the fondling or other erotic touching of human genitals, the pubic region, buttocks, or female breasts; or
(4) Activities involving the live display of female breasts and/or male or female genitals.

B. Adult business establishments include, but are not limited to, the following types of uses:

(1) Stores that sell sexual devices or films or rent films for viewing on the premises that involve or depict any of the activities listed above.
(2) Theaters or cabarets that feature movies that depict any of the activities listed above or entertainers, such as topless dancers, strippers, male or female impersonators, or erotic dancers, who exhibit or perform any of the activities listed above.
(3) Relaxation spas that provide unlicensed massage services.

ADULT DAY SERVICES

A licensed facility designed to provide older adults and adults with disabilities with community based services including structured social, recreational and therapeutic activities, limited health services, meals, supervision, support services, personal care services, information and referrals and respite for caregivers. Adult day services promote personal independence through a variety of activities offered to participants based on individual needs and interests.

AFFORDABLE HOUSING

Housing units that will meet the sales price and/or rental targets established by the Comprehensive Plan for housing affordability.

AGGRIEVED PARTY

An owner of land whose property is directly or indirectly affected by the granting or denial of a permit or variance under this 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.

AGRICULTURAL BUILDING, EXISTING

A building or structure currently used for agricultural purposes in conjunction with an agricultural use or which was formerly used for agricultural purposes and has not been converted to another use.

AGRICULTURE

The production, keeping, or maintenance, for sale or lease, of plants and/or animals, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock; fruits and vegetables; and ornamental and greenhouse products. "Agriculture" does not include forest management and timber harvesting activities.

AGRICULTURE, COMMERCIAL

An agricultural business that files a Schedule F as part of its federal income tax return that is involved in the cultivation of the soil, production of crops, and/or raising of livestock or a commercial greenhouse.

A. A commercial agricultural use may include the following activities:

(1) Animal husbandry as defined in this chapter;
(2) The processing of products raised or grown as part of the commercial agricultural use, including processing carried out pursuant to a home food manufacturing license issued by the Maine Department of Agriculture;
(3) The sale of agricultural products raised or produced as part of the commercial agricultural use;
(4) The sale of other foodstuffs, including processed food products such as jams, jellies, pickles, sauces or baked goods, not grown or produced as part of the commercial agricultural use; and
(5) The sale of handmade handicrafts and similar homemade items produced on or off the premises.

B. The sale of products shall occur within an existing agricultural building, within a farm stand with a gross floor area of not more than two-thousand (2,000) square feet, or in an outside area immediately adjacent to the indoor sales space. Not more than thirty percent (30%) of the sales area shall be outside. The floor area devoted to the sale of processed foodstuffs and/or handicrafts not produced by the commercial agricultural use shall not exceed seventy-five percent (75%) of the total sales area.

AIRPORT

The Sanford Seacoast Regional Airport.

AIRPORT MASTER PLAN

The final report of the Sanford Municipal Airport Master Plan Update, dated December 1987, or any subsequent updated plan which has been accepted by vote of the municipal officers.

AMUSEMENTS

A park or business operated by an entity other than a unit of government, with a predominance of outdoor games and activities for entertainment, including but not limited to motorized rides, water slides, miniature golf, batting cages, and the like.

ANIMAL HUSBANDRY

The commercial breeding and raising of livestock, including the keeping of horses and similar animals. Animal husbandry does not include a kennel, which is defined separately, nor the keeping of pigs, chickens, or fowl for commercial purposes.

ANTIQUE STORE

An establishment, attached to or located on a single family home lot, engaged in retailing antiques, except motor vehicles such as automobiles, RVs, motorcycles, and boats; motor vehicle parts; tires; and mobile homes. An antique, for the purpose of this chapter, shall be a work of art, piece of furniture, decorative object or the like, of or belonging to the past, and at least thirty (30) years old.

APPLICANT

The person applying for a permit or other approval required under this chapter.

AQUACULTURE

The commercial raising of fish or seafood in pens, tanks, or other artificial environments.

AQUACULTURE

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

AQUIFER

A geologic unit consisting of rock, gravel, sand, silt, or clay which stores and yields significant quantities of groundwater to wells, springs, and streams.

ARCHERY RANGE

A facility, whether indoors or outdoors, for bow and arrow shooting in a controlled and supervised environment.

AREA OF SPECIAL FLOOD HAZARD

The land in the floodplain having a one percent (1%) or greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study cited in § 265-1: Purpose and establishment. of this chapter.

ARTERIAL

A public street or road identified in the Comprehensive Plan as an arterial roadway, including Route 202, Route 109 from the Oak Street/Bridge Street intersection in Springvale to the Wells town line, Route 4, Route 11A and Route 224 and other roads that are major elements of the highway network, including Route 99.

AVERAGE DAILY TRAFFIC (ADT)

The average number of vehicles per day that enter and exit the premises or travel over a specific section of road.

AWNING SIGN

A building mounted sign that provides additional functionality as shelter. An awning or canopy which contains lettering or other commercial identification shall be considered to be a sign. That portion of the awning or canopy bearing the commercial message shall be counted as a sign face in calculating cumulative sign area.

BANNER

A sign made of fabric or other non-rigid material with no enclosing framework. A banner includes a vertical banner erected on a pole. A banner is one type of temporary sign.

BASAL AREA

The area of cross section of a tree stem at 4 1/2 feet above ground level and inclusive of bark.

BASE FLOOD

The flood having a one percent (1%) chance of being equaled or exceeded in any given year, commonly called the "100-year flood."

BASEMENT

Any area of the building having its floor subgrade (below ground level) on all sides.

BASEMENT

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.

BENEFICIATION

The process whereby the extracted material is reduced to particles which can be separated into mineral and waste, the former suitable for further processing or direct use. These activities are primarily mechanical, such as grinding, washing, magnetic separation, and centrifugal separation.

BOAT LAUNCHING FACILITY

A facility designed primarily for the launching and landing of watercraft, and which may include an access ramp, docking area, and parking spaces for vehicles and trailers.

BUFFER AREA

A part of a property or an entire property which is specifically intended to screen and/or separate and thus minimize the effects of land use activity on adjoining uses, water bodies, and/or wildlife, including but not limited to, noise, dust, visibility, glare, on adjacent areas.

BUFFER AREA

A part of a property or an entire property which is not built upon and is specifically intended to separate and thus minimize the effects of a land use activity (e.g., noise, dust, visibility, glare, etc.) on adjacent areas.

BUILDING

Any permanent structure, having one (1) or more floors and a roof, that is used for the housing or enclosure of persons, animals or property. When any portion thereof is separated by a division wall without opening, then each such portion shall be deemed a separate building.

BUILDING SIGN

Any wall sign, projecting sign, suspended sign, awning sign, any sign painted on a wall surface, or any sign attached to an exterior part of a building. Interior window displays, such as products or other items on display, are not considered building signs and are not included in the maximum calculation of cumulative sign area.

BUREAU

State of Maine Department of Conservation's Bureau of Forestry.

BUSINESS or ESTABLISHMENT

An economic unit where goods, services, and/or industrial operations are performed and exchanged for another or for money, trade, or other goods. Multiple businesses and/or establishments may be included on a single lot of land.

CAMPGROUND

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

CANDELA

The base unit of luminous intensity in the International System of Units that is equal to the luminous intensity in a given direction of a source which emits monochromatic radiation of frequency five-hundred-forty by ten to the twelve power (540 x 1012) hertz and has a radiant intensity in that direction of one-six-hundred-eighty-third (1/683) watt per unit solid angle.

CANOPY

The more or less continuous cover formed by tree crowns in a wooded area.

CAPITAL IMPROVEMENTS PROGRAM (CIP)

The municipality's proposed schedule of future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project.

CAPITAL INVESTMENT PLAN

The portion of the Comprehensive Plan that identifies the projects for consideration for inclusion within the capital improvements program, together with an estimate of the order of magnitude for the cost of each project.

CERTIFICATE OF COMPLIANCE

A document signed by the Code Enforcement Officer stating that a structure is in compliance with all of the provisions of this chapter.

CHILD CARE CENTER AND NURSERY SCHOOL

A facility licensed by the State of Maine that provides care and/or instruction. There are two (2) classes of child care center and nursery school:

(1) Child care center or nursery school for fewer than thirteen (13) children where the licensed provider does not live on the premises.
(2) Child care center or nursery school.

CHILD-CARE PROVIDER

A person or facility that has received a certificate from the Department of Health and Human Services. There are three (3) classes of child-care providers.

CHURCH

A place of worship, regardless of denomination.

CITY

City of Sanford.

CITY ENGINEER

Any registered professional engineer hired or retained by the City, either as staff or on a consulting basis.

CLUSTER DEVELOPMENT

A subdivision meeting the requirements of § 280-15-4: Residential cluster development standards., in which the lot sizes are reduced below those normally required in the zoning district in which the development is located in return for the provision of permanent common open space.

CODE ENFORCEMENT OFFICER

A person certified under Title 30-A MRSA, Section 4451 (including exceptions in subsection 4451, paragraph 1) and employed by a municipality to enforce all applicable comprehensive planning and land use laws and ordinances.

COLLECTOR

A public street or road identified in the Comprehensive Plan as a collector roadway and not defined by this chapter as an arterial, including River Street, High Street, Route 109 from the Oak Street/Bridge Street intersection to the Shapleigh town line, Riverside Avenue, William Oscar Emery Drive, North Avenue, Grammar Road, New Dam Road, Pioneer Street, Rushton Street, Hanson Ridge Road, Brook Street, June Street, Grammar Street, School Street, Emery Street, Lenox Street, Twombley Road, Berwick Road, Jagger Mill Road and Old Mill Road.

COMMERCIAL OR INDUSTRIAL ZONE

Commercial or industrial zone includes the Urban Zone, Industrial Business Zone, Industrial Reuse Zone, and the Airport Development Zone.

COMMERCIAL SOLAR SYSTEM (CSS)

Intended for a multifamily dwelling, multifamily dwelling above the ground floor of a mixed use development, mobile home park, convalescent, rest, or nursing home, residential care or congregate care facility, institutional use, recreational use, commercial or industrial use, or rural use, a CSS may be up to twenty thousand (20,000) square feet in surface area with a rated nameplate capacity of up to two-hundred-fifty (250) kilowatts (kW) The Planning Board may waive the size limits for surface area and nameplate capacity if the applicant demonstrates to the Board's satisfaction that the additional surface area and/or nameplate capacity is needed to meet the energy requirements for intended onsite use.

COMMERCIAL STREET

Streets serving industrial or commercial uses.

COMMERCIAL USE

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

COMMON OPEN SPACE

Land, not individually owned or within an individual lot, which is designed and intended for the common use or enjoyment of the residents of the development or the general public, it may include complementary structures and improvements typically used for maintenance and operation of the open space, such as for outdoor recreation.

COMMUNICATION TOWER, ALTERNATIVE

Mounting structures for telecommunications antennas, such as, but not limited to, clock towers, bell steeples, utility and light poles, stacks, water towers, and rooftop mechanical facilities, that conceal the presence of the communications antenna from view from public streets and adjacent properties and which are used primarily for purposes other than to support an antenna.

COMPLETE APPLICATION

An application shall be considered complete upon submission of the required fee and all information required by these regulations or by a vote of the Planning Board to waive the submission of required information. The Planning Director shall issue a written statement to the applicant upon his determination that an application is complete.

COMPREHENSIVE PLAN

The Town of Sanford Comprehensive Plan as adopted by the Town's legislative body.

CONCEPTUAL PLAN

A preliminary plan showing the major features of the site and development concepts in a generalized format.

CONSERVATION EASEMENT

A nonpossessory interest in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic or open space values of real property, assuring its availability for agricultural, forest, recreational or open space use, protecting natural resources, or maintaining air or water quality.

CONTAMINANT

Any substance whose concentration in surface or ground water exceeds the background level or the current public health drinking water standards for Maine or standards for aquatic toxicity, whichever is more stringent.

CONTAMINATION OF PROCESSES OR PRODUCTS

For purposes of this chapter, this term is defined in Chapter 149: Licensing.

CONTRACTOR

A business that provides building construction or similar services on a contract basis at the client's site and in which all material or equipment storage at its place of business is contained within a building or other fully enclosed area.

CONVALESCENT, REST OR NURSING HOME

A facility in which nursing care and medical services are performed under the general direction of persons licensed to provide medical care in the State of Maine for the accommodation of convalescent or other persons who are not in need of hospital care but who do require, on a twenty-four (24)-hour basis, nursing care and related medical services. A convalescent, rest home or nursing home is distinct from a boarding or congregate care facility, which is separately defined in this section.

CROSS-SECTIONAL AREA

The cross-sectional area of a stream or tributary stream channel is determined by multiplying the stream or tributary stream channel width by the average stream or tributary stream channel depth. The stream or tributary stream channel width is the straight line distance from the normal high-water line on one side of the channel to the normal high-water line on the opposite side of the channel. The average stream or tributary stream channel depth is the average of the vertical distances from a straight line between the normal high-water lines of the stream or tributary stream channel to the bottom of the channel.

CUL-DE-SAC

A street with only one (1) outlet and having the other end for the reversal of traffic movement.

CULTIVATION

The process of planting, tending, improving, or harvesting of crops or plants, including tilling land and preparing soil.

CUMULATIVE SIGN AREA

See "sign area."

CURB CUT

The opening along the curbline or street right-of-way line at which point vehicles may enter or leave the street.

DBH

The diameter of a standing tree measured 4 1/2 feet from ground level.

DEBILITATING MEDICAL CONDITION

As defined in Maine Medical Use of Marijuana Act and state administrative rules. in combination with 18-691 CMR Ch. 2.

DENSITY

The number of dwelling units per acre of land.

DEVELOPED AREA

Any area on which a site improvement or change is made, including buildings, landscaping, parking areas, and streets.

DEVELOPMENT

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.

DEVELOPMENT

Any man made change to improved or unimproved real estate, including but not limited to buildings or other structures; the construction of additions or substantial improvements to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials.

DIMENSIONAL REQUIREMENTS

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

DIRECT WATERSHED OF A GREAT POND

That portion of the watershed that drains directly to a great pond without first passing through an upstream great pond. For the purposes of these regulations, the watershed boundaries shall be as delineated in the Comprehensive Plan. Due to the scale of the map in the Comprehensive Plan, there may be small inaccuracies in the delineation of watershed boundary. Where there is a dispute as to the exact location of a watershed boundary, the Planning Board, or its designee, and the applicant shall conduct an on-site investigation to determine where the drainage divide lies. If the Planning Board and the applicant cannot agree on the location of the drainage divide based on the on-site investigation, the burden of proof shall lie with the applicant to provide information from a registered engineer showing where the drainage divide lies.

DISABILITY

A physical or mental disability under 5 M.R.S.A. § 4553-A.

DISABILITY

Any disability, infirmity, malformation, disfigurement, congenital defect or mental condition caused by bodily injury, accident, disease, birth defect, environmental conditions or illness; and also includes the physical or mental condition of a person which constitutes a substantial handicap as determined by a physician or in the case of mental handicap, by a psychiatrist or psychologist, as well as any other health or sensory impairment which requires special education, vocational rehabilitation or related services.

DISCHARGE

The accidental or intentional injection, dumping, spilling, leaking, incinerating, or placing of hazardous materials upon or into any land or waters.

DISPLAY

That portion of the surface area of a changeable sign that is, is designed to be, or is capable of being periodically altered for the purpose of conveying a message.

DISRUPTION OF SHORELINE INTEGRITY

The alteration of the physical shape, properties, or condition of a shoreline at any location by timber harvesting and related activities. A shoreline where shoreline integrity has been disrupted is recognized by compacted, scarified and/or rutted soil, an abnormal channel or shoreline cross-section, and in the case of flowing waters, a profile and character altered from natural conditions.

DRINKING PLACE

A commercial establishment primarily for the sale or dispensing of liquor. It includes nightclubs, lounges, bottle clubs, and similar establishments.

DRIVE-UP WINDOW, DRIVE-UP OR DRIVE-THROUGH

A portion of a business or a structure which allows the distribution of products through an access point to serve clients in motor vehicles.

DRIVEWAY

A vehicular accessway serving two (2) or fewer dwelling units.

DRIVEWAY

A vehicular access-way less than 500 feet in length serving two single-family dwellings or one two-family dwelling, or less.

DWELLING UNIT

A group of rooms within a dwelling designed and equipped as living quarters for a person or for a family, including provisions for living, sleeping, cooking, bathing, and eating.

DWELLING, MULTIFAMILY

A building used for residential occupancy by three (3) or more families, each living independently of the others in separate dwelling units.

DWELLING, SINGLE-FAMILY DETACHED

A building used for residential occupancy by not more than one (1) family. The term shall include manufactured housing as defined in this section. Where an accessory apartment is allowed, it shall not be deemed to turn a single-family detached dwelling into a two-family dwelling.

DWELLING, TWO-FAMILY

A building used for residential occupancy by two (2) families living independently of each other in separate dwelling units.

EATING PLACE

A place for the serving of prepared food and beverages to the public in which most of the food is consumed on the premises and there are no specially designated takeout or drive-through facilities.

EATING PLACE, DRIVE-THROUGH

A place for the serving of prepared food and beverages to the public in which food may be obtained through the use of a drive-up/drive-through windows.

EATING PLACE, TAKEOUT

A place for the serving of prepared food and beverages to the public in which food is offered to be taken from the premises or eaten in motor vehicles.

ELECTRONIC AND CHANGEABLE DISPLAYS

An on the premises sign created, designed, manufactured or modified in such a way that its message may be electronically, digitally or mechanically altered by the substitution or replacement of one (1) display by another. This definition includes time and temperature signs.

ELEVATED BUILDING

(1) A non-basement building:

(a) built, in the case of a building in Zones AE or A to have the top of the elevated floor elevated above the ground level by means of pilings, columns, post, piers, or "stilts"; and
(b) adequately anchored so as not to impair the structural integrity of the building during a flood of up to one (1) foot above the magnitude of the base flood.

(2) In the case of Zones AE or A, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with hydraulic openings sufficient to facilitate the unimpeded movement of flood waters, as required in § 265-6L.

ELEVATION CERTIFICATE

An official form (FEMA Form 81-31, 02/06, as amended) that: (1) Is used to verify compliance with the floodplain management regulations of the National Flood Insurance Program; and (2) Is required for purchasing flood insurance.

EMERGENCY OPERATIONS

Operations conducted for the public health, safety or general welfare, such as protection of resources from immediate destruction or loss, law enforcement, and operations to rescue human beings, property and livestock from the threat of destruction or injury.

ENCLOSED, LOCKED FACILITY, AND ENCLOSED OUTDOOR AREA

A closet, room, building, greenhouse, or other enclosed area that is equipped with locks or other security devices that permit access only by the individual authorized to grow, cultivate, process, store, and distribute marijuana in conformance with the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate.

ENGINEERED SUBSURFACE WASTEWATER DISPOSAL SYSTEM

A subsurface wastewater disposal system designed, installed, and operated as a single unit to treat and dispose of 2,000 gallons of wastewater or more per day or any system designed to be capable of treating wastewater with higher BOD5 and total suspended solids concentrations than domestic wastewater.

ENLARGEMENT OR EXPANSION OF A STRUCTURE

An increase of the building footprint and/or increase in the height of the structure beyond its present highest point (see definition of height for an explanation of how the highest point is determined). Alterations of existing buildings which are required in order to meet the requirements of the Americans with Disabilities Act (ADA) and/or the State Fire Code are not considered to be enlargements or expansions of the structures and are not required to meet otherwise applicable setback requirements, provided the alterations are the minimum necessary to satisfy the ADA and/or State Fire Code.

ENLARGEMENT OR EXPANSION OF USE

Any intensification of use in time, volume, or function, whether or not resulting from an increase in the footprint, height, floor area, land area or cubic volume occupied by a particular use. Increases which are required in order to meet the requirements of the Americans with Disabilities Act and/or the State Fire Code are not considered to be enlargements or expansions of use. Also, please note that for a change of use, use is separately defined in this article.[3]

ESSENTIAL SERVICE

The following facility, provided it serves primarily the City or a neighborhood or structure within the City: steam, fuel, gas, communication, internet, transportation, electric power, or water transmission or distribution lines and related equipment; telephone cables or lines, poles and related equipment; gas, oil, water, slurry or other similar pipelines; sewage lines or collection or supply systems; and associated storage tanks. Such systems may include poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants, and similar accessories but shall not include pumping stations or transmitter towers or buildings which are necessary for the furnishing of such services. See also the definitions of public utility and transmitter tower. Essential services shall not be subject to the space and bulk standards of this chapter.

ESSENTIAL SERVICES

Gas, electrical or communication facilities; steam, fuel, electric power, or water transmission or distribution lines, towers, and related equipment; telephone cables or lines, poles, and related equipment; gas, oil, water, slurry, or other similar pipelines; municipal sewage lines; collection or supply systems; and associated storage tanks. Such systems may include towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants, and similar accessories, but shall not include service drops or buildings which are necessary for the furnishing of such services.

ESTABLISHMENT

See definition of "business or establishment."

EXCAVATING AND GENERAL CONTRACTOR

A business that provides earth or site work or building construction services on a contract basis at the client's site and that stores construction equipment, heavy trucks, or building materials and supplies outside at its place of business.

EXPANSION OF A STRUCTURE

An increase in the floor area or volume of a structure, including all extensions such as, but not limited to, attached decks, garages, porches and greenhouses.

EXPANSION OF USE

The addition of one or more months to a use's operating season or the use of more floor area or ground area devoted to a particular use.

EXTRACTION

The process of extracting or synthesizing concentrates from marijuana using water, lipids, gases, solvents or other chemical processes.

FACILITY

A place where an activity occurs.

FAMILY

One (1) or more persons, including domestic employees, occupying a dwelling unit and living as a single, nonprofit housekeeping unit. A community living facility, defined as a state-licensed housing facility for eight (8) or fewer persons in need of and receiving social services, such as but not limited to mentally handicapped or developmentally disabled persons, living as a housekeeping unit shall also be considered to house a single family.

FAMILY CHILD CARE

An owner-occupied residence licensed with the State of Maine that provides care and instruction for fewer than thirteen (13) children.

FINAL PLAN

The final drawings on which the applicant's plan is presented to the Planning Board for approval and which, if approved, shall be recorded at the York County Registry of Deeds.

FINANCIAL INSTITUTION

A business or nonprofit organization providing retail financial services, including but not limited to banks, credit unions, financial exchanges, and check cashing facilities.

FIRE CHIEF

City of Sanford Fire Department's authority having jurisdiction, including his/her designee.

FIREARMS RANGE

A facility, whether indoors or outdoors, for the firing of handguns, rifles, or shotguns in a controlled and supervised environment.

FLOOD ELEVATION STUDY

An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

FLOOD INSURANCE RATE MAP (FIRM)

An official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY

See "Flood Elevation Study."

FLOOD or FLOODING

(1) A general and temporary condition of partial or complete inundation of normally dry land areas from:

(a) The overflow of inland or tidal waters.
(b) The unusual and rapid accumulation or runoff of surface waters from any source.

(2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)(a) of this definition.

FLOODPLAIN MANAGEMENT

The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood-control works, and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS

Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPLAIN or FLOOD-PRONE AREA

Any land area susceptible to being inundated by water from any source (see "flooding").

FLOODPROOFING

Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and contents.

FLOODWAY

The area defined on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps or, if not shown, the channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot in height.

FLOODWAY ENCROACHMENT LINES

The lines marking the limits of floodways on federal, state, and local floodplain maps.

FLOOR AREA

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

FLOOR AREA

The sum of the horizontal areas of the floors of a structure enclosed by exterior walls.

FLOOR AREA RATIO

Floor area ratio or FAR is the gross floor area of all buildings and structures on a lot divided by the total lot area.

FOREST MANAGEMENT

Timber cruising and other forest evaluation activities, management planning activities, insect and disease control, pruning and other stand improvement, regeneration of forest stands, and other similar associated activities, but not the construction of roads or timber harvesting.

FOREST MANAGEMENT ACTIVITIES

Timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, management planning activities, timber stand improvement, pruning, regeneration of forest stands, and other similar or associated activities, exclusive of timber harvesting and the construction, creation or maintenance of roads.

FOREST STAND

A contiguous group of trees sufficiently uniform in age class distribution, composition, and structure, and growing on a site of sufficiently uniform quality, to be a distinguishable unit.

FORESTED WETLAND

A freshwater wetland dominated by woody vegetation that is six meters (approximately 20 feet) tall or taller.

FOUNDATION

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.

FREEBOARD

A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed, that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions.

FREESTANDING SIGN

A sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure.

FRESHWATER WETLAND

Areas that are inundated or saturated by surface or groundwater at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils and that are not part of a great pond, coastal wetland, river, stream or brook. Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the above criteria.

FRESHWATER WETLAND

A. Freshwater swamps, marshes, bogs and similar areas, other than forested wetlands, which are:

(1) Of 10 or more contiguous acres, or of less than 10 contiguous acres and adjacent to a surface water body, excluding any river, stream or brook, such that in a natural state, the combined surface area is in excess of 10 acres; and
(2) Inundated or saturated by surface or 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.

B. Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.

FUNCTIONALLY DEPENDENT USE

A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

FUNCTIONALLY WATER-DEPENDENT USES

Those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, 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 can not reasonably be located or operated at an inland site, and uses that primarily provide general public access to inland waters.

FUNERAL HOMES

Building used for the preparation of the dead for burial or cremation, the storage of the dead prior to internment, and the display of the deceased, including ceremonies connected therewith before burial or cremation. Crematories shall not be included as part of a funeral home.

GRAPHIC

A sign which is an integral part of a building facade and/or window. The sign shall be painted directly on, carved in, or otherwise permanently embedded in the facade and/or window.

GREAT POND

Any inland body of water that in a natural state has a surface area in excess of ten (10) acres, and any inland body of water artificially formed or increased which has a surface area in excess of thirty (30) acres. For the purposes of these regulations, no artificially formed or increased pond will be considered a great pond if it is completely surrounded by land held by a single owner.

GREAT POND CLASSIFIED GPA

Any great pond classified GPA, pursuant to 38 M.R.S.A. Article 4-A § 465-A. This classification includes some, but not all impoundments of rivers that are defined as great ponds.

GROUND COVER

Small plants, fallen leaves, needles and twigs, and the partially decayed organic matter of the forest floor.

GROUNDWATER

All of the water found beneath the surface of the ground. For purposes of aquifer protection, this term refers to the subsurface water present in aquifers and recharge areas.

HARVEST AREA

The area where timber harvesting and related activities, including the cutting of trees, skidding, yarding, and associated road construction take place. The area affected by a harvest encompasses the area within the outer boundaries of these activities, excepting unharvested areas greater than 10 acres within the area affected by a harvest.

HAZARDOUS MATERIAL

A product or waste or combination of substances that, because of quantity, concentration, or physical, chemical, or infectious characteristics, poses a substantial present or potential hazard to human health, safety, or welfare and the natural environment. This term applies to any materials or substances designated as hazardous by the United States Environmental Protection Agency and/or the Maine Department of Environmental Protection.

HEALTH SERVICE FACILITY

An outpatient establishment furnishing medical services to humans, including the offices of physicians, dentists, and other health practitioners, clinics, medical laboratories, outpatient surgery, and blood banks.

HEIGHT OF A STRUCTURE

The vertical distance between the mean original (prior to construction) grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, steeples, antennas, and similar appurtenances that have no floor area.

HEIGHT OF BUILDING

The vertical distance measured from the adjoining curb level to the highest point of ceiling of the top story in the case of a flat roof, to the deck line of a mansard roof, and to the mean height level between eaves and ridge of a gable, hip, or gambrel roof; provided, however, that where buildings are set back from the street right-of-way line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

HEMP

As defined in 7 M.R.S.A. § 2231 or state administrative rules.

HIGH-INTENSITY SOIL SURVEY

A map prepared by a certified soil scientist identifying the soil types down to 1/8 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 used to identify the soils and shall be accompanied by a log of each sample point identifying the textural classification and the depth to seasonal high-water table or bedrock at that location. Single soil test pits and their evaluation for suitability for subsurface wastewater disposal systems shall not be considered to constitute high-intensity soil surveys.

HIGH-WATER MARK

That line that is apparent from visible markings, changes in the character of soils due to prolonged action of the water, or changes in vegetation that distinguish between predominantly aquatic and predominantly terrestrial land. In the case of wetlands adjacent to rivers, streams, brooks, or ponds, the normal high-water mark is the upland edge of the wetland and not the edge of the open water.

HISTORIC STRUCTURE

Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior; or
(b) Directly by the Secretary of the Interior in states without approved programs.

HOME OCCUPATION

An occupation conducted in a dwelling unit, provided that:

A. No person other than a member of the family residing on the premises shall be engaged in such occupation; and
B. The use of the premises for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants; and
C. There shall be no change in the outside appearance of the building or premises or any visible evidence of the conduct of such home occupation other than one sign, not exceeding six square feet in area, non-illuminated and mounted flat against the wall of the residence; and
D. No traffic shall be generated by such home occupation in greater volumes than would primarily be expected in the neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; and
E. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the home occupation is conducted in a detached one-family dwelling, or outside the dwelling unit if conducted in any other form of dwelling. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the premises or causes fluctuations in line voltage of the premises; and
F. There shall be no stock-in-trade regularly maintained or any new commodity sold on the premises; and
G. The following are specifically excluded as home occupations: convalescent or nursing home, tourist home, animal hospital, restaurant, doctors' and dentists' offices, small engine repair, and automotive tune-up.

HOME OCCUPATION

An occupation conducted in a dwelling unit or accessory structure, provided that:

A. No more than two (2) employees, or full-time equivalents, other than residents of the premises, shall be engaged in such occupation; however, no more than one (1) vehicle for employees who reside outside of the premises shall be allowed at any time;
B. The use of the premises for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants;
C. There shall be no change in the outside appearance of the building or premises or any visible evidence of the conduct of such home occupation other than signs in conformance with § 280-14-13E(1) which shall not be illuminated, exceed six (6) square feet in area per street frontage, or extend more than six (6) feet above the ground.
D. No traffic shall be generated by such home occupation in greater volumes than would be expected in the neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard;
E. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the home occupation is conducted in a single family detached dwelling, or outside the dwelling unit if conducted in any other form of dwelling. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the premises or causes fluctuations in line voltage of the premises;
F. There shall be no stock-in-trade regularly maintained or any new commodity sold on the premises. Exceptions for food or food products for direct producer-to-consumer transactions as defined in the food sovereignty exemptions in Chapter 149: Licensing;
G. If the home occupation is proposed to be conducted within a residence which is not owned by the resident, the resident shall have the written consent of the property owner before commencing the home occupation;
H. The home occupation shall undergo an initial inspection by the Code Enforcement Department and the Fire Chief to verify that the home occupation meets all applicable requirements of the City's building, electrical, fire, and other health safety and technical codes, including but not limited to Chapter 90: Building and Building Regulation and Chapter 128: Fire Prevention. The applicant shall request an inspection with the Code Enforcement Department and the Fire Chief a minimum of twenty-four (24) hours in advance and shall not receive a Certificate of Occupancy until after the scheduled inspection. When an inspection is conducted for a use that is sensitive to contamination of its processes or products, as identified by the operator of the home occupation, the Code Enforcement Officer and/or Fire Chief shall follow the protection from contamination protocols described in Chapter 149: Licensing; and
I. The home occupation shall require an annual license from the City Council as defined in Chapter 149: Licensing.
J. The following are specifically excluded as home occupations: businesses that generate more than two (2) clients coming to the home at any single time; convalescent or nursing home, tourist home, animal hospital, restaurant, doctors' and dentists' offices, small engine repair, and automotive tune-up.

HORSE SHOW

An exhibition of horses that usually includes competition in riding, driving and jumping of horses.

HOSPITAL

An institution providing health services 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.

HOTEL or MOTEL

A building or group of buildings built or converted to accommodate for a fee travelers who are staying for a limited duration. A hotel or motel may include restaurant facilities where food is prepared and meals served to its guests and other customers. A motel is distinguished from a hotel only in that the sleeping rooms of a motel are accessed from the exterior of the building or from exterior hallways, parking is typically adjacent to the sleeping rooms, and occupancy is oriented to the automobile traveler.

HYDRAULIC TRAVEL TIME

The amount of time it takes for a leachable material to travel through subsurface material from one point to another.

INCIDENTAL WASTE

Items which are not permitted to be accepted at material re-use facilities but which incidentally or accidentally appear in loads of otherwise acceptable materials received by the facilities. The handling of these materials will be addressed in the operations manual for the specific operation.

INCREASE IN NONCONFORMITY OF A STRUCTURE

Any change in a structure or property which causes further deviation from the dimensional standard(s) creating the nonconformity such as, but not limited to, reduction in water body, tributary stream or wetland setback distance, increase in lot coverage, or increase in height of a structure. Property changes or structure expansions which either meet the dimensional standard or which cause no further increase in the linear extent of nonconformance of the existing structure shall not be considered to increase nonconformity. For example, there is no increase in nonconformity with the setback requirement for water bodies, wetlands, or tributary streams if the expansion extends no further into the required setback area than does any portion of the existing nonconforming structure. Hence, a structure may be expanded laterally provided that the expansion extends no closer to the water body, tributary stream, or wetland than the closest portion of the existing structure from that water body, tributary stream, or wetland. Included in this allowance are expansions which in-fill irregularly shaped structures.

INDIVIDUAL, PRIVATE CAMPSITE

An area of land which is not associated with a campground but which is developed for repeated camping by only one group not to exceed 10 individuals and which involves site improvements which may include but not be limited to a gravel pad, parking area, fireplace, or tent platform.

INDUSTRIAL

The assembling, fabrication, finishing, manufacturing, packaging or processing of goods or the extraction of minerals.

INFLATABLE DEVICE

Any inflatable material used as part of the outdoor advertising for a commercial use that exceeds 18 inches in any dimension.

INITIATE CONSTRUCTION

The completion of a portion of the improvements which represents no less than 30% of the costs of the proposed improvements within a subdivision. If the subdivision is to consist of individual lots to be sold or leased by the subdivider, the cost of construction of buildings on those lots shall not be included. If the subdivision is a multifamily development, or if the applicant proposes to construct the buildings within the subdivision, the cost of building construction shall be included in the total costs of proposed improvements.

INN/BED-AND-BREAKFAST

A single building containing fewer than 20 sleeping rooms and built or converted to accommodate for a fee travelers who are staying for a limited duration. An inn may provide dining services to its guests and may host special functions, such as weddings, but does not include a restaurant to serve the public at large, unless restaurants (eating places) are otherwise allowed in the district.

INSTITUTIONAL

A non-profit or quasi-public use, or institution such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land used for public purposes.

INTERNALLY ILLUMINATED SIGN

A sign that has the light source enclosed within it so the source is not visible to the eye.

JUNKYARD

A yard, field, or other outside area used to store, dismantle or otherwise handle: A. Discarded, worn-out or junked plumbing, heating supplies, electronic or industrial equipment, household appliances or furniture; B. Discarded, scrap and junked lumber; and C. Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste and all scrap iron, steel and other scrap ferrous or nonferrous material.

KENNEL

An establishment operated as a business to house dogs or other domesticated animals and where such animals are groomed, bred, boarded, trained, or sold.

LAND MANAGEMENT ROAD

A route or track consisting of a bed of exposed mineral soil, gravel, or other surfacing materials constructed for, or created by, the passage of motorized vehicles and used primarily for timber harvesting and related activities, including associated log yards, but not including skid trails or skid roads.

LEACHABLE MATERIAL

A substance that, when introduced into the environment, has the ability to travel through subsurface soil or unconsolidated materials.

LEVEL OF SERVICE

A description of the operating conditions a driver will experience while traveling on a particular street or highway calculated in accordance with the provisions of the Highway Capacity Manual, 1991 Edition, published by the National Academy of Sciences, Transportation Research Board. There are six levels of service ranging from Level of Service A, with free traffic flow and no delays, to Level of Service F, with forced flow and congestion resulting in complete failure of the roadway.

LICENSED FORESTER

A forester licensed under 32 M.R.S.A. Chapter 76.

LICENSED MARIJUANA PROPERTY

One of eight tracts or lots of land in existence as of December 13, 2018 and described in the property tax assessor's records as of October 2, 2018, including J30-44, R15-12B, R15-92B, R15-125, R15-126, R19-204, R19-206, and R19-307, which have been licensed by the City Council under Chapter 161: Marijuana and Chapter 149: Licensing. The purpose of designating a licensed marijuana property is to explicitly identify properties where marijuana may be cultivated and processed and where marijuana products may be manufactured and/or sold. A marijuana retail store is allowed as a permitted use on tracts or parcels J30-44, R15-12B, and R15-126 and as a conditional use on tracts or parcels R19-204 and R19-206, which are licensed marijuana properties. Only one (1) marijuana retail store shall be allowed on each of the five (5) licensed marijuana properties where a marijuana retail store is allowed. A licensed marijuana property may include a complex, center, and/or one or more buildings, structures, or businesses. A licensed marijuana property that has not been licensed in compliance with this chapter and Chapter 149: Licensing within thirty-six (36) months of October 2, 2018 shall no longer be entitled to any vested right to develop, build, or operate a marijuana property. Marijuana properties that cease to operate and are unlicensed for more than a twelve-month period are no longer entitled to any vested right to operate a marijuana operation.

LOCAL STREET

A public street or road, which is not identified as an arterial or collector, or a proposed public or private street shown on an approved and recorded subdivision or private way plan.

LOCALLY ESTABLISHED DATUM

For purposes of this chapter, an elevation established for a specific site to which all other elevations at the site are referenced. This elevation is generally not referenced to the National Geodetic Vertical Datum (NGVD) or any other established datum and is used in areas where Mean Sea Level data is too far from a specific site to be practically used.

LODGING

An overnight accommodation with sleeping arrangements provided for a fee.

LOT AREA

The area of land enclosed within the boundary lines of a lot, minus land below the normal high-water line of a water body or upland edge of a wetland and areas beneath roads serving more than two lots.

LOT or PARCEL

Area of land described in a deed or depicted on a plan.

LOT WIDTH

The horizontal distance between the lot lines of a lot measured along the setback line as established by this chapter or, if no setback line is established, the distance between the side lot lines measured along the front lot line.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements described in § 265-6L of this chapter.

LUMBERYARD

A business involved in milling or distribution of lumber and/or the retail or wholesale sale of lumber and building materials.

MAINE MEDICAL USE OF MARIJUANA ACT

State statute contained in Title 22 M.R.S.A. Chapter 558-C which, in combination with state administrative rules contained in 10-144 CMR Chapter 122, authorizes and provides guidance on the cultivation, production, possession, storage, distribution, and use of medical marijuana.

MAINE MEDICAL USE OF MARIJUANA RULES

State Administrative Rules contained in 10-144 CMR Chapter 122 which, in combination with the Maine Medical Use of Marijuana Act, authorizes and provides guidance on the cultivation, production, possession, storage, distribution, and use of medical marijuana.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

MANUFACTURED HOUSING UNIT

Structure, transportable in one (1) or more sections, which was constructed in a manufacturing facility and is transported to a building site and designed to be used as a dwelling when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained therein.

MANUFACTURING, LIGHT

A business engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, the creation of new products, and the blending of materials, such as oils, plastics, resins, or liquors, whether new products are finished or semifinished as raw material in some other process. All production operations shall occur within a fully enclosed building or structure. See also "medical marijuana manufacturing facility."

MARGINAL ACCESS ROAD

A road or drive located outside of the road right-of-way and parallel to the roadway which provides access to multiple lots or uses.

MARIJUANA

As defined in Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate. in combination with 18-691 CMR Ch. 2. Marijuana includes hemp as defined in 7 M.R.S.A. § 2231. Marijuana includes both adult use marijuana and medical marijuana unless otherwise specified.

MARIJUANA LEGALIZATION ACT

State law contained in 7 M.R.S.A. Ch. 417 as amended.

MARIJUANA MANUFACTURING FACILITY

As defined in Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate.

MARIJUANA PARAPHERNALIA

Equipment, products, or materials defined as paraphernalia in Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate.

MARIJUANA PRODUCTION FACILITY

A facility used for cultivation, processing, and/or storage of marijuana and distribution of medical marijuana located in one (1) of the eight (8) licensed marijuana properties in conformance with standards described in § 280-15-10C, the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate. Cultivation, processing, storage and/or distribution shall be considered a commercial use.

MARIJUANA RETAIL STORE

A facility located on a licensed marijuana property in a zone that allows retail sales and is licensed by the City Council to purchase adult use marijuana, immature marijuana plants, and/or seedlings from a marijuana production and/or marijuana manufacturing facility, collect and transport marijuana and/or marijuana products, immature marijuana plants, and seedlings to consumers. See licensed marijuana property.

MARIJUANA WASTE AND/OR RESIDUE

Stems, stalks, roots, and other materials used in the growth, cultivation, production, and storage of marijuana. Marijuana waste and/or residue does not include an incidental amount of marijuana or excess prepared marijuana as defined in the Maine Use of Medical Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate.

MARINA

A water-dependent facility that makes available to members of the public space for berthing watercraft. The facility also may store, service, supply, and fuel watercraft and may sell boats and related equipment.

MARINA

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

MARINE SALES AND SERVICE

A facility for the retail sale and repair of watercraft and related equipment and supplies.

MARKET VALUE

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

MATERIALS RE-USE FACILITY

A yard, field, or other outside area used to store, dismantle, recycle, separate, or otherwise handle wood, debris, construction and demolition materials, scrap and junk lumber, and waste materials for commercial purposes. A materials re-use facility shall operate and abide by an approved operations manual reviewed and approved by the Planning Board. This use may be considered as an accessory use or may be a stand-alone business. Materials re-use facility activities shall not include acceptance of soluble solid materials, bio-degradable materials, or municipal solid waste, and does not include activities applicable to garbage dumps, solid or liquid waste dumps, burning facilities, sanitary landfills, automobile graveyards, or unlicensed junkyards as defined by Maine State statutes.

MEAN SEA LEVEL

For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

MEDICAL MARIJUANA

Marijuana that is acquired, possessed, cultivated, manufactured, used, delivered, transferred or transported to treat or alleviate a qualifying patient's debilitating medical condition or symptoms associated with the qualifying patient's debilitating medical condition.

MEDICAL MARIJUANA DISPENSARY

An entity registered under 22 M.R.S.A. § 2428 or 7 M.R.S.A. Ch. 417 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, or dispenses marijuana or related supplies and educational materials to cardholders. This land use is a subset of NAICS No. 62149.

MEDICAL MARIJUANA HOME OCCUPATION

A home occupation that is conducted by a registered primary caregiver who resides in the dwelling as his/her primary residence in conformance with standards described in § 280-15-10A and § 280-15-10B and

(1) is performed within a single-family dwelling or within an accessory building to that single-family dwelling or within a unit in a multifamily structure;
(2) is for the purpose of assisting one (1) or more qualifying patients with the medical use of marijuana who do not reside in the dwelling and are not family members of the primary caregiver; and
(3) complies with the Maine Medical Use of Marijuana Act, in combination with 18-691 CMR Ch. 2. the Marijuana Legalization Act, and state administrative rules, as appropriate.

MEDICAL MARIJUANA HOME PRODUCTION

Growing, cultivating, processing, and/or storing medical marijuana by a medical marijuana qualifying patient or patients at his/her/their primary residence as an accessory use in conformance with standards described in § 280-15-10A through § 280-15-10B, the Maine Medical Use of Marijuana Act and Rules. in combination with 18-691 CMR Ch. 2. This use shall be considered an accessory use to a legally permitted residential dwelling unit.

MEDICAL MARIJUANA QUALIFYING PATIENT

As defined in Maine Medical Use of Marijuana Act and state administrative rules. in combination with 18-691 CMR Ch. 2.

MEDICAL MARIJUANA REGISTERED PRIMARY CAREGIVER

As defined in Maine Medical Use of Marijuana Act and state administrative rules. in combination with 18-691 CMR Ch. 2.

MEDICINAL AND BOTANICAL MANUFACTURING (NAICS NO. 325411)

An establishment primarily engaged in (1) manufacturing uncompounded medicinal chemicals and their derivatives (i.e., generally for use by pharmaceutical preparation manufacturers) and/or (2) grading, grinding, and milling uncompounded botanicals.

MEDIUM-INTENSITY SOIL SURVEY

A map identifying the soil types down to mapping units of three acres or less at a scale equivalent to the subdivision plan submitted. The soils shall be identified in accordance with the National Cooperative Soil Survey.

MENTAL HEALTH AND ABUSE CLINIC (NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM NO. 621420)

An establishment with medical staff primarily engaged in providing outpatient services related to the diagnosis and treatment of mental health disorders and alcohol and other substance abuse. This establishment generally treats patients who do not require inpatient treatment. It may provide a counseling staff and information regarding a wide range of mental health and substance abuse issues and/or refer patients to more extensive treatment programs, if necessary.

MINERAL EXPLORATION

Hand sampling, test boring, or other methods of determining the nature or extent of mineral resources which create minimal disturbance to the land and which include reasonable measures to restore the land to its original condition.

MINERAL EXTRACTION

Any operation which removes soil, topsoil, loam, sand, gravel, clay, rock, peat, or other like material from its natural location, except in conjunction with approved construction, and transports the product removed away from the extraction site. The operation may also involve the beneficiation of the product and the processing of both on-site and imported material. All activity and/or operations will cease to be approved with the exception of reclamation when the removal of the material is no longer active.

MINERAL EXTRACTION

Any operation within any 12 month period which removes more than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat, or other like material from its natural location and transports the product removed away from the extraction site.

MINIMUM LOT WIDTH

The closest distance between the side lot lines of a lot. When only two lot lines extend into the shoreland zone, both lot lines shall be considered to be side lot lines.

MINOR DEVELOPMENT

All development that is not new construction or a substantial improvement, such as repairs, maintenance, or renovations, or additions, whose value is less that fifty percent (50%) of the market value of the structure. It also includes, but is not limited to: accessory structures as provided for in § 265-6J, mining, dredging, filling, grading, paving, excavation, drilling operations, storage of equipment or materials, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities that do not involve structures, and non-structural projects such as bridges, dams, towers, fencing, pipelines, wharves, and piers.

MISCELLANEOUS CROP FARMING (NAICS NO. 111998), INCLUDING MEDICAL MARIJUANA CULTIVATION

An establishment primarily engaged in one (1) or more of the following:

(1) growing crops, except oilseeds and/or grains, vegetables and/or melons, fruits and/or tree nuts, greenhouse, nursery, and/or floriculture products, tobacco, cotton, sugarcane, hay, sugar beets, or peanuts;
(2) growing a combination of crops, except a combination of oilseed and grain, and a combination of fruit and tree nuts, with no one (1) crop or family of crops accounting for one-half (1/2) of the establishment's agricultural production (i.e., value of crops for market); or
(3) gathering tea or maple sap.

MIXED USE STRUCTURE, MIXED USE DEVELOPMENT

A building or structure that contains at least one (1) floor devoted to allowed nonresidential uses and at least one (1) devoted to allowed residential uses.

MOBILE HOME

A unit, single width or otherwise, which the manufacturer certifies is constructed in compliance with the State of Maine's Manufactured Housing Act and regulations, meaning a structure, transportable in one (1) or more sections, which is not constructed on a permanent chassis and is designed to be used as dwellings on permanent foundations when connected to required utilities, including the plumbing, heating, air-conditioning, and electrical systems contained therein.

MOBILE HOME PARK

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

MOBILE HOMES, NEWER

Those units constructed after June 15, 1976, which the manufacturer certifies are constructed in compliance with the United States Department of Housing and Urban Development standards, meaning structures transportable in one (1) or more sections which, in the traveling mode, are fourteen (14) body feet or more in width and are seven-hundred-fifty (750) square feet or more, which are built on a permanent chassis and designed to be used as dwellings when connected to the required utilities, including plumbing, heating, air-conditioning, and electrical systems contained therein, and which has a pitched roof and exterior siding which is residential in appearance and is located on a permanent foundation.

MOBILE HOMES, OTHER

All other mobile homes and trailers are terms that may be used interchangeably and mean any factory-built home which fails to meet the definition of "modular home" or "mobile home." It shall include any mobile home constructed prior to June 15, 1976, and mobile homes constructed after that date which do not have pitched, shingled roofs and exterior siding that is residential in appearance.

MODULAR HOME

A unit, single width or otherwise, which the manufacturer certifies is constructed in compliance with the state's Manufactured Housing Act and regulations, meaning a structure, transportable in one (1) or more sections, which is not constructed on a permanent chassis and is designed to be used as a dwelling on permanent foundation when connected to required utilities, including the plumbing, heating, air-conditioning, and electrical systems contained therein.

MOTOR VEHICLE REPAIR FACILITY

A business which provides services to motor vehicles which involve body work, painting, engine rebuilding, or structural repairs or alterations.

MOTOR VEHICLE SALES AND SERVICE

The use of any building or land area for the display and sale of new or used automobiles, trucks, vans, trailers and recreation vehicles, and including repair facilities for such vehicles. Does not include vehicles defined as "power sport vehicles."

MOTOR VEHICLE SERVICE FACILITY

A business which provides service, maintenance, and minor repairs for motor vehicles, including the accessory sale of gasoline, parts, and supplies. This use includes service stations, muffler, transmission, and brake shops, car washes, tune-up centers, and similar uses but shall not include operations involving body work, painting, engine rebuilding, or structural repairs or alterations.

MOVING SIGN

A sign which has moving parts or is lit in such a manner as to flash including, but not limited to, inflatable devices designed for movement by the wind or mechanical means.

MULTIFAMILY DEVELOPMENT

A subdivision that contains three (3) or more dwelling units on land in common ownership such as apartment buildings, condominiums, or mobile home parks.

MULTI-UNIT RESIDENTIAL

A residential structure containing three or more residential dwelling units.

MUNICIPAL USE

A use undertaken or a building occupied by a local governmental body, agency or organization or by a quasi-municipal agency or organization carrying out a recognized public purpose.

MUSEUM

An institution for the acquisition, preservation, study, and exhibition of works of artistic, historical, or scientific value.

NATIONAL GEODETIC VERTICAL DATUM (NGVD)

The national vertical datum, whose standard was established in 1929, which is used by the National Flood Insurance Program (NFIP). NGVD was based upon mean sea level in 1929 and also has been called "1929 Mean Sea Level (MSL)".

NATIVE

Indigenous to the local forests.

NET DEVELOPMENT AREA

The net area of a lot of land usable for determining the maximum allowable density of a site. Net development area shall be determined by subtracting the following from the gross site area:

A. The area located within the full width of the right-of-way of any proposed public or private street or access drive. If a right-of-way is not delineated, an area equal to a minimum fifty (50)-foot right-of-way shall be deducted.
B. Any portion of the site which is cut off from the main portion of the site by an existing road, water body, or similar physical condition which interrupts the continuity of the site.
C. Any land area which is regularly covered by water, including lakes, ponds, and rivers.
D. Any land area identified as a Class 1 wetland.
E. Any land located within utility easements or rights-of-way, if the restrictions preclude use of the land for development.

NET RESIDENTIAL DENSITY

The total number of dwelling units permitted per forty-thousand (40,000) square feet of net development area.

NEW CONSTRUCTION

Structures for which the "start of construction" commenced on or after the effective date of the initial floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.

NEW STRUCTURE OR STRUCTURES

Includes any structure for which construction began on or after September 23, 1988. The area included in the expansion of an existing structure is deemed to be a new structure.

NONCONFORMING BUILDING OR STRUCTURE

A structure that does not meet one (1) or more of the following dimensional requirements: the minimum setback, maximum lot coverage, or maximum height standards of the zone in which it is located. It is allowed solely because it was in lawful existence at the time this chapter or subsequent amendment took effect.

NONCONFORMING CONDITION

Nonconforming lot, structure or use which is allowed solely because it was in lawful existence at the time this chapter or subsequent amendment took effect.

NONCONFORMING LOT

A single lot of record which, at the effective date of adoption or amendment of this chapter, does not meet the lot area, frontage, or width requirements of the zone in which it is located.

NONCONFORMING SIGN

Any sign that does not conform to all or part of the provisions of this chapter and was in existence and maintained and was lawfully erected, altered, or displayed prior to December 3, 2019.

NONCONFORMING USE

Use of buildings, structures, premises, land or parts thereof which is not allowed in the zone in which it is situated, but which is allowed to remain solely because it was in lawful existence at the time this chapter or subsequent amendments took effect and, if established after 1953, which has been issued a valid certificate of occupancy.

NONPROFIT CLUB OR LODGE

Facility for a nonprofit social and fraternal organization, including accessory facilities for use as meeting rooms, function halls, and similar uses that may be rented to outside users.

NONPROFIT SERVICE ORGANIZATION

A nonprofit organization which provides and promotes sports facilities with a broad range of programs such as sports and games, personal fitness, child care, adult day services, overnight camping, employment readiness programs, conference centers and educational activities.

NONRESIDENTIAL FACILITY FOR EDUCATIONAL, SCIENTIFIC AND NATURE INTERPRETATION PURPOSES

A structure containing not more than five-hundred (500) square feet of total floor area associated with a natural, historic, or similar resource to provide information about the resource.

NORMAL HIGH-WATER LINE

That line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. Areas contiguous with rivers and great ponds that support non-forested 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.

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM, 2002 (NAICS)

A numerical identification system developed to provide a consistent framework for the collection, analysis and dissemination of industrial statistics used by government policy analysts, academics and researchers, the business community, and public. NAICS provides a definition for activities that are not single family and two (2) family residential uses.

OBSTRUCTION TO AIR NAVIGATION

Any structure, growth or other object, including a mobile object, which exceeds a limiting height as set forth in § 280-11-10B.

OFF THE PREMISES SIGN

A sign located on a premises other than the location at which the business or activity is located, an official business directional sign, a sign which is part of a publicly erected informational board or center.

OFFICE, BUSINESS

A place of business where activities such as general management, bookkeeping, accounting, telephone sales, and telecommunications take place but where no consumer retail services are performed. This shall include businesses involved in real estate sales and management, insurance sales, and similar activities not involving the sale of physical products on the premises.

OFFICE, MENTAL HEALTH PRACTITIONER

(North American Industry Classification System No. 621330) The office of independent mental health practitioners engaged in the diagnosis and treatment of mental, emotional, and behavioral disorders and/or the diagnosis and treatment of individual or group social dysfunction brought about by such causes as mental illness, alcohol and substance abuse, physical and emotional trauma, or stress. These practitioners operate private or group practices in their own offices or in the facilities of others, such as hospitals or HMO medical centers. No medications shall be directly disbursed at the office, although prescriptions to be filled at another location shall be allowed.

OFFICE, PROFESSIONAL

The office of a person engaged in architecture, engineering, law, medicine, dentistry, or other activity in which specialized services to clients are performed by persons possessing a degree from a recognized institution of higher learning demonstrating successful completion of a prolonged course of specialized intellectual instruction and study, or its equivalency, and also possessing evidence of professional capability, such as membership in a professional society.

OFFICIAL BUSINESS DIRECTIONAL SIGN

Any sign, approved, erected, altered, displayed, or maintained by the City or the State to indicate to the traveling public the route and distance to public accommodations, facilities, commercial services for the traveling public, and points of scenic, historical, cultural, recreational, educational, or religious interest.

ON THE PREMISES SIGN

A sign erected and maintained on the property on which the business, facility, or point of interest advertised by the sign is located.

ONE-HUNDRED-YEAR FLOOD

The highest level of flooding that, on the average, has a one-percent chance of occurring in any given year.

OUTDOOR RECREATION

Outdoor recreation activity operated by an entity other than a unit of government, whether operated for profit or not, including but not limited to cross-country ski centers, ball fields, parks and playgrounds, livery, and ski tows, provided they fulfill state and City public health requirements, but not including campgrounds, outdoor movies, and outdoor dine and dance facilities, or games and activities as described in the definition of amusements.

OUTPATIENT ADDICTION TREATMENT CLINIC (NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM NO. 621420)

A program or facility operated for the purpose of and specializing in the care, treatment and/or rehabilitation of persons suffering with addictions, including but not limited to gambling, alcohol or controlled-substance addictions. This includes, but is not limited to, substance abuse treatment programs licensed by the State of Maine Department of Behavioral and Developmental Services Office of Substance Abuse. An outpatient addiction treatment clinic does not include an inpatient or residential addiction treatment program, or a program consisting solely of support group activities without treatment by licensed health practitioners, such as Alcoholics Anonymous, Narcotics Anonymous, and similar programs.

PARKING DEMAND MANAGEMENT PROGRAMS

Parking demand management programs are a layer of policies, programs, information, services, and tools that together constitute comprehensive management strategies focused on changing or reducing parking demand. Parking demand management programs encourage widespread use of options that may include, but not be limited to, ridesharing, car and/or van pools, bicycling, walking, telecommuting and/or alternative work schedules, flex hours, staggered shifts, job sharing, removing subsidies/adding costs for parking, as alternatives to driving alone, which requires a greater number of parking spaces to accommodate workers and exacerbates the demand for parking during peak work hours, times, or special events. With the right incentives, or disincentives, employees and visitors to facilities that employ a parking demand management program may be influenced to use transportation systems in a way that contributes to less parking demand.

PARKING FACILITY, COMMERCIAL

A facility for the parking of licensed motor vehicles for a fee or to serve another use that is not located on the same lot.

PERSON

An individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two (2) or more individuals having a joint or common interest, or other legal entity.

PETROLEUM

Oil, gasoline, petroleum products and by-products, and all other hydrocarbons which are liquefied under normal atmospheric conditions.

PIERS, DOCKS, WHARFS, BRIDGES AND OTHER STRUCTURES AND USES EXTENDING OVER OR BEYOND THE NORMAL HIGH-WATER LINE OR WITHIN A WETLAND

A. Temporary: structures which remain in or over the water for less than seven months in any period of 12 consecutive months.
B. Permanent: structures which remain in or over the water for seven months or more in any period of 12 consecutive months.

PLANNING BOARD

The Planning Board of the Town of Sanford.

PLANNING DIRECTOR

The staff person responsible for the management of the Department of Planning and Development, his/her designee, or other person designated by the City Council to be responsible for development review.

PORCH

A roofed or unroofed open structure projecting from a building. A porch for the purpose of this chapter is considered part of a building and may not project into any required yard.

POWER SPORT VEHICLES SALES AND SERVICE

This activity refers to the sales and/or repair of motorcycles, motor scooters, motor bikes, mopeds, off-road all-terrain vehicles (ATVs), personal watercraft, snowmobiles and/or powered golf carts. The activity is limited to structures with a gross footprint, including attached porches and patios, no larger than five-thousand (5,000) square feet and an unattached outdoor display area of one-thousand (1,000) square feet. The use of the unattached outdoor display area is limited to hours when the facility is open for business.

PRELIMINARY PLAN

The preliminary drawings showing the proposed layout of the subdivision to be submitted to the Planning Board for its consideration.

PREMISES

A lot or tract of land, or a combination of contiguous lots and/or tracts of land which is under single ownership as reflected in the City's assessing records.

PREPARED MARIJUANA

As defined in Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate.

PRIMARY RESIDENCE

An individual's main residence or dwelling where he or she usually lives, typically a house or a unit in a multifamily structure. A individual can only have one (1) primary residence at a given time, though he or she may share the residence with other individuals.

PRINCIPAL DWELLING STRUCTURE

A residential structure having one or more dwelling units which abides by all zoning regulations and may have an accessory structure on the same premises.

PRINCIPAL STRUCTURE

A building other than one (1) which is used for purposes wholly incidental or accessory to the use of another building or use on the same premises.

PRINCIPAL USE

A use other than one (1) which is wholly incidental or accessory to another use on the same premises.

PRIVATE WAY

A minor street meeting the requirements of Article XVI: Site Plan Review.

PROCESSING

A series of operations, usually in a continuous and regular or succession of actions, taking place or carried on in a definite manner. For the purposes of this chapter, processing does not include the chemical transformation of materials or substances into new products or the blending and combining of gases and liquids. Manufacturing is considered a separate use.

PROFESSIONAL ENGINEER

A professional engineer registered in the State of Maine.

PROJECTING SIGN

A sign which is attached to and projects from a structure or building face. The sign face of a double-faced projecting sign is calculated by measuring one (1) face of the sign only.

PROPOSED LOCAL STREET

See definition of "local street."

PUBLIC FACILITY

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

PUBLIC SAFETY SIGN

A sign that is erected by a governmental body which is necessary for the public safety and welfare or as required by law, ordinance, or government regulation.

PUBLIC UTILITY

A private organization, subject to governmental regulation, that provides an essential service or commodity, such as water, electricity, transportation, communication, or Internet to the public and which is intended to serve primarily populations or activities outside of the City. This term also includes buildings and pumping stations which are necessary for the furnishing of essential services, as defined in this chapter, whether local or greater in scope.

PUBLIC WATER SYSTEM

A water supply system that provides water to at least fifteen (15) service connections or services water to at least twenty-five (25) individuals daily for a least thirty (30) days a year.

RECENT FLOODPLAIN SOILS

The following soil series as described and identified by the National Cooperative Soil Survey: A. Fryeburg. B. Lovewell. C. Alluvial. D. Podunk. E. Suncook. F. Hadley. G. Medomak. H. Cornish. I. Rumney. J. Sunday. K. Limerick. L. Ondawa. M. Charles. N. Saco. O. Winooski.

RECHARGE AREA

Area composed of permeable, porous material through which precipitation and surface water infiltrate and directly replenish groundwater in aquifers.

RECORD DRAWINGS

Scaled detailed drawings of the completed or encountered existing infrastructure within a public right-of-way or easement. The plans shall be prepared and organized in a form that is consistent with the design plans submitted for Planning Board review during the subdivision approval process or engineering review by the Town Engineer. The plans shall be drawn and noted with field measurements, i.e., three-way ties, made by the contractor installing the infrastructure. The plans shall note the infrastructure materials, widths, diameters, elevations, service connection locations at the main and the right-of-way line, ledge profile, permanent reference benchmark, and other appropriate data necessary to show the completed or encountered existing infrastructure. The record drawing plan set shall include a copy of the signed plat.

RECORDING PLAN

An original of the final plan, suitable for recording at the Registry of Deeds, that shows only information relevant to the transfer of an interest in the property and which does not show other information presented on the plan, such as sewer and water line locations and sizes, culverts, and building lines.

RECORDING PLAN

An original of the final plan, suitable for recording at the York County Registry of Deeds, that shows only information relevant to the transfer of an interest in the property and which does not show other information presented on the plan, including but not limited to sewer and water line locations and sizes, culverts, and building line.

RECREATION, FOR-PROFIT NONMOTORIZED OUTDOOR

A commercial facility that provides recreational opportunities that do not involve motorized vehicles or amusements, such as tennis clubs, riding stables, and similar uses.

RECREATION, FULLY ENCLOSED PLACE OF

A place enclosed by walls, roof, and floor, designed and equipped for the conduct of indoor sports, leisure time activities, and other customary and usual recreational activities, and operated by an entity other than a unit of government. These include, by way of example only, skating rinks, gymnasiums, bowling alleys, video arcades, and the like.

RECREATIONAL FACILITY

A place destined and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities, excluding boat launching facilities.

RECREATIONAL VEHICLE

a vehicle which is: (1) built on a single chassis; (2) four hundred (400) square feet or less when measured at the largest horizontal projection, not including slideouts; (3) designed to be self-propelled or permanently towable by a motor vehicle; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOODWAY

(1) The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot, and
(2) When not designated on the community's Flood Insurance Rate Map, it is considered to be the channel of a river or other water course and the adjacent land areas to a distance of one-half the width of the floodplain, as measured from the normal high water mark to the upland limit of the floodplain.

RENTING OF ROOMS AND FURNISHING OF BOARD

The provision of not more than two (2) rooms for rent in a building of residential character, which is used principally as a single family dwelling, in which the family or person residing permanently in the home acts as proprietor and in which meals may be taken.

REPAIR SERVICES

Businesses providing for the repair of personal and business property, such as radios and televisions; electrical and electronic equipment; watches, clocks, and jewelry; furniture and upholstery; sporting equipment; small engines and equipment; and similar items but not including the repair of motor vehicles, boats, or heavy equipment. Retail sales of parts and supplies shall be allowed provided such sales are accessory to the repair service.

REPAIRS

Activities intended to restore an existing building or structure to a sound condition without changing the size or use of the building or structure. Repairs do not include:

A. An enlargement of the building or structure.
B. The enclosing of decks, porches, and similar areas.
C. The reconstruction of a building or structure which has been damaged, destroyed, or removed.
D. The modification of structural elements of the building or structure unless required to comply with code requirements.

REPLACEMENT SYSTEM

A system intended to replace:

A. An existing system which is either malfunctioning or being upgraded with no significant change of design flow or use of the structure; or
B. Any existing overboard wastewater discharge.

RESEARCH AND DEVELOPMENT FACILITY

A laboratory or other facility for carrying on investigation in the natural, physical, or social sciences or engineering and development of end products as an extension of such investigation. Such a facility does not engage in the manufacture or sale of products, except as incidental to the main purpose of research and investigation. A marijuana research and development facility shall be located on a licensed marijuana property.

RESERVED AFFORDABLE HOUSING

Affordable housing that is restricted by means of deed covenants, financing restrictions, or other long-term binding methods to occupancy by households making 80% or less of the area median household income.

RESIDENTIAL CARE OR CONGREGATE CARE FACILITIES

Residential facilities which provide lodging and shared community space to their occupants. These types of facilities may or may not provide medical care or supervision and house residents who are capable of living independently. These facilities may consist of either:

A. Individual dwelling units with full facilities for cooking; or
B. Residential units which do not have their own cooking facilities.

RESIDENTIAL DWELLING UNIT

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.

RESIDENTIAL SOLAR SYSTEM (RSS)

Intended for residential uses, an RSS may be up to two-thousand (2,000) square feet in surface area with a rated nameplate capacity of up to twenty (20) kilowatts (kW).

RESIDENTIAL ZONE

Residential zone includes the Single Family Residential Zone and the Residential Development Zone.

RESIDUAL BASAL AREA

The average of the basal area of trees remaining on a harvested site.

RESIDUAL STAND

A stand of trees remaining in the forest following timber harvesting and related activities.

RETAIL STORE

An establishment that sells goods or commodities directly to the consumer or other end user. For the purposes of this chapter, the term "retail store" shall include sales rooms or showrooms but not yard sales, motor vehicle sales, either new or used, gas stations, or eating places.

RETAIL STORES, LIMITED

Retail store with five-thousand (5,000) square feet or less of gross floor area, including sales, storage, and support areas but excluding yard sales as defined in this chapter.

RIPRAP

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

RIVER

A free-flowing body of water including its associated floodplain wetlands from that point at which it provides drainage for a watershed of 25 square miles to its mouth.

RIVERINE

Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

ROAD

A route or track consisting of a bed of exposed mineral soil, gravel, asphalt, or other surfacing material constructed for or created by the repeated passage of motorized vehicles excluding a driveway as defined.

RURAL ZONES

Rural zones include the Rural Residential Zone and Rural Mixed Use Zone.

SANDWICH BOARD SIGN

A self-supporting, freestanding sign located on the sidewalk or in the esplanade directly in front of the business advertised.

SCHOOL, COMMERCIAL

A business which provides instruction or training in vocational, recreational, or athletic areas, including but not limited to business or computer institutes, martial arts studios, schools for dance, music, riding, gymnastics, photography, driving, craft schools and trade schools.

SERVICE DROP

Any utility line extension which does not cross or run beneath any portion of a water body, provided that:

A. In the case of electric service:

(1) The placement of wires and/or the installation of utility poles is located entirely upon the premises of the customer requesting service or upon a roadway right-of-way; and
(2) The total length of the extension is less than 1,000 feet.

B. In the case of telephone service:

(1) The extension, regardless of length, will be made by the installation of telephone wires to existing utility poles; or
(2) The extension requiring the installation of new utility poles or placement underground is less than 1,000 feet in length.

SERVICE ORGANIZATION, NONPROFIT

A nonprofit organization which provides and promotes sports facilities with a broad range of programs such as sports and games, personal fitness, child care, adult day services, overnight camping, employment readiness programs, conference centers and educational activities.

SERVICE, BUSINESS

An activity that supplies a direct service to businesses, including by way of example, advertising, credit reporting and collection, mailing and reproduction, care of buildings, personnel supply, computer and data processing, market research, and management and public relations.

SERVICE, PERSONAL

Establishments primarily engaged in providing services involving the nonmedical care of a person or of his or her apparel, as exemplified by beauty shops, barbershops, shoe repair, photographic studios, coin-operated laundries, fitness studios, and similar establishments.

SETBACK

The nearest horizontal distance from the normal high-water line of a water body or tributary stream, or upland edge of a wetland, to the nearest part of a structure, road, parking space or other regulated object or area.

SETBACK, FRONT

An open area extending the entire width of a lot from lot side line to lot side line and extending in depth at a right angle from the street right-of-way to such depth as specified. Such area shall be unoccupied and unobstructed by any building from the ground upward. In the case of a corner lot that abuts two (2) or more streets, a front setback shall be maintained adjacent to each street right-of-way. Where the required setback is based upon a uniform setback relationship, a building on a corner lot shall maintain the established setback relationship on all streets where such a relationship exists.

SETBACK, REAR

An open area extending the entire width of a lot from lot side line to lot side line and extending at a right angle from the rear property line of such lot to such depth as specified. Such area shall be unoccupied and unobstructed by any building from the ground upward.

SETBACK, SIDE

An open area extending along each side line of a lot between the front setback and the rear setback on such lot and extending at a right angle from the side lines of such lot to such depth as specified. Such area shall be unoccupied and unobstructed by any building from the ground upward. In the case of a corner lot, a side setback shall be maintained along any lot line that is not a street right-of-way.

SHORE FRONTAGE

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.

SHORELAND ZONE

The land area located within 250 feet, horizontal distance, of the normal high-water line of any great pond or river; 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.

SHORELINE

The normal high-water line, or upland edge of a freshwater wetland.

SIGHT DISTANCE

The length of an unobstructed view from a particular access point to the farthest visible point of reference on a roadway. It is used in these regulations as a reference for unobstructed road visibility.

SIGHT DISTANCE

The length of an unobstructed view from a particular access point to the farthest visible point of reference on a roadway. It is used in these regulations as a reference for unobstructed road visibility.

SIGN

Any object, device, plaque, display, structure, or part thereof, situated outdoors or indoors, which is 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, designs, symbols, fixtures, colors, illumination, or projected images. Sign does not include the flag or emblem of any organization or nation, state, city, or religious, fraternal, or civic organization; also merchandise and pictures or models of products or services incorporated in a window display, works of art which in no way identify a product, or scoreboards located on athletic fields. A sign may be temporary or permanently installed.

SIGN AREA

The entire surface area of the sign, not including the supporting structure or bracing of the sign unless the supporting structure or bracing is made part of the sign. Where a sign has two (2) faces back to back, the area of only one (1) face shall be considered part of the cumulative sign area. When a sign has more than one (1) face, all areas which can be viewed simultaneously shall be considered the cumulative sign area. When a sign provides no border or frame, the sign area shall be the areas of the smallest rectangle which encompasses all characters and elements of the sign area.

SITE INVENTORY AND ANALYSIS

Inventory maps, renderings, and supporting data describing the site proposed to be subdivided and analyzing the opportunities and constraints for subdivision and development. The inventory and analysis are submitted for initial review prior to submitting a formal application for subdivision approval.

SKETCH PLAN

A preliminary plan showing the major features of the site and the preliminary, generalized layout of proposed roads, lots, and other improvements.

SKID ROAD OR SKID TRAIL

A route repeatedly used by forwarding machinery or animal to haul or drag forest products from the stump to the yard or landing, the construction of which requires minimal excavation.

SLASH

The residue, e.g., treetops and branches, left on the ground after a timber harvest.

SMALL-SCALE MOTOR VEHICLE SERVICE, REPAIR OR SALES FACILITY

A use that involves a motor vehicle service facility, a motor vehicle repair facility, and/or motor vehicle sales and service that involves a building or structure of two-thousand (2,000) square feet or less of gross floor area and the exterior storage or display of fewer than ten (10) vehicles. Does not include vehicles defined as power sport vehicles.

SOLAR ENERGY SYSTEM

A solar collection system used to capture, convert, and supply electrical energy or thermal power, and consisting of one (1) or more freestanding, ground, roof, or wall mounted, solar arrays or modules, or solar related equipment, intended to reduce consumption of utility and/or fuel-generated power.

SPECIAL FLOOD HAZARD AREA

See "area of special flood hazard."

STAFF

For the purposes of this chapter, staff shall consist of the City's Code Enforcement Officer, City Engineer, Assistant City Engineer, Planning Director, and any other professional identified by the Planning Board for the purposes of reviewing land use applications.

START OF CONSTRUCTION

The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within one hundred eighty 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, or modification of any construction element, whether or not that alteration affects the external dimensions of the building.

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it. A basement shall be counted as a story for the purpose of height measurement where more than one-half (1/2) of its height is above the ground. A half story is a story with at least two (2) of its opposite walls situated in a sloping roof, the floor area of which as measured four (4) feet above the floor level does not exceed two-thirds (2/3) of the floor immediately below it.

STREAM

A free-flowing body of water from the outlet of a great pond or the confluence of two perennial streams as depicted on the most recent edition of a United States Geological Survey 7.5-minute series topographic map or, if not available, a 15-minute series topographic map, to the point where the body of water becomes a river or flows to another water body or wetland within the shoreland area.

STREET

A. A public way laid out and established by the State of Maine or York County; B. A public way accepted by the City; C. A way shown on a plan of a subdivision approved by the Planning Board; or D. A private way approved by the Planning Board in accordance with the provisions of Article XVI.

STREET FRONTAGE

The distance between the side lines of a lot as measured along the front lot line at the street right-of-way limits.

STRUCTURAL ALTERATION

Any exterior change which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.

STRUCTURE

Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but not including a tent, vehicle, road, path, or trail.

STRUCTURE

Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground, exclusive of fences, and poles, wiring and other aerial equipment normally associated with service drops as well as guying and guy anchors. The term includes structures temporarily or permanently located, such as decks, patios, and satellite dishes.

STRUCTURE

For floodplain management purposes, a walled and roofed building. A gas or liquid storage tank that is principally above ground is also a structure.

STUDIO OF ARTISANS

A building or portion of a building used as a place of work by an artist, photographer, or person similarly skilled in the production of a particular product. Unless otherwise indicated, a studio may include the retail sale of items produced on the premises.

SUBDIVISION

For purposes of this chapter, this term is defined in 30-A M.R.S.A. § 4401

SUBDIVISION

The division of a tract or parcel of land into three or more lots within any five-year period that begins after September 23, 1971. This definition applies whether the division is accomplished by sale, lease, development, buildings or otherwise. The term "subdivision" also includes the division of a new structure or structures on a tract or parcel of land into three or more dwelling units within a five-year period, the construction or placement of three or more dwelling units on a single tract or parcel of land, and the division of an existing structure or structures previously used for commercial or industrial use into three or more dwelling units within a five-year period.

A. In determining whether a tract or parcel of land is divided into three or more lots, the first dividing of such tract or parcel shall be considered to create the first two lots and the next dividing of either of the first two lots, by whomever accomplished, unless otherwise exempted herein, shall be considered to create a third lot, unless:

(1) Both dividings are accomplished by a subdivider who has retained one of the lots for the subdivider's own use as a single-family residence or for open space land as defined in 36 M.R.S.A. § 1102 for a period of at least five years before the second dividing occurs; or
(2) The division of the tract or parcel is otherwise exempt under this definition.

B. A lot of 40 or more acres shall not be counted as a lot, except where the lot or parcel from which it was divided is located entirely or partially within any shoreland area as defined in 38 M.R.S.A. § 435 or Chapter 270: Shoreland Zoning, of the Town Code.
C. A division accomplished by devise, condemnation, order of court, gift to a person related to the donor by blood, marriage or adoption or a gift to a municipality or by transfer of any interest in land to the owner of land abutting that land does not create a lot or lots for the purposes of these regulations, unless the intent of the transferor in any transfer or gift is to avoid the objectives of these regulations. If real estate exempt under this subsection by a gift to a person related to the donor by blood, marriage or adoption is transferred within five years to another person not related to the donor of the exempt real estate by blood, marriage or adoption, then the previously exempt division creates a lot or lots for the purposes of this definition. The grant of bona fide security interest in an entire lot that has been exempted from the definition under this subsection, or subsequent transfer of that entire lot by the original holder of the security interest or that person's successor in interest, does not create a lot for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of these regulations.
D. In determining the number of dwelling units in a structure, the provisions regarding the determination of the number of lots shall apply, including exemptions from the definition of a subdivision of land.

SUBDIVISION, DEVELOPMENTAL

Any activity meeting the state definition of "subdivision" that is not a major or minor subdivision.

SUBDIVISION, MAJOR

Any subdivision containing ten (10) or more lots or dwelling units or any subdivision requiring any new street or municipal facilities.

SUBDIVISION, MINOR

Any subdivision containing nine (9) or fewer lots or dwelling units. All lots shall be located on an existing accepted public street, and no new public services or extensions of municipal facilities shall be required.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure, and a variance is obtained from the community's Zoning Board of Appeals.

SUBSTANTIAL START

Completion of 30% of a permitted structure or use measured as a percentage of estimated total cost.

SUBSURFACE SEWAGE DISPOSAL SYSTEM

Any system designed to dispose of waste or waste water on or beneath the surface of the earth; includes, but is not limited to: septic tanks; disposal fields; grandfathered cesspools; holding tanks; pretreatment filter, piping, or any other fixture, mechanism, or apparatus used for those purposes; does not include any discharge system licensed under 36 M.R.S.A. § 414, any surface waste water disposal system, or any municipal or quasi-municipal sewer or waste water treatment system.

SUSPENDED SIGN

A sign hanging from a marquee, awning, or porch.

SUSTAINED SLOPE

A change in elevation where the referenced percent grade is substantially maintained or exceeded throughout the measured area.

TEMPORARY SIGN

A sign not permanently attached to the ground or a permanent structure or a sign designed to be transported including, but not limited to, signs on A- or T-frames, sandwich board signs, inflatable signs, or large scale tethered balloons.

TESTING FACILITY

A business, whether within another business, or freestanding, whose primary purpose is the chemical, biological, electronic, or mechanical analysis or testing of products for conformance to industrial specifications or to public regulations. Such businesses include, but are not limited to assaying automobile and emissions testing, calibration and certification, food testing, medical testing, and marijuana testing that operates in conformance with Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate. A testing facility within a building primarily devoted to manufacturing shall be considered accessory to the manufacturing.

TIMBER HARVESTING

The cutting and removal of trees from their growing site and the attendant operation of mobile or portable chipping mills and of cutting and skidding machinery, including the creation and use of skid trails, skid roads, and haul roads.

TIMBER HARVESTING

The cutting and removal of timber for the primary purpose of selling or processing forest products. The cutting or removal of trees in the shoreland zone on a lot that has less than two acres within the shoreland zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to § 270-14O, Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting.

TOWN ENGINEER

Any registered professional engineer hired or retained by the Town, either as staff or on a consulting basis.

TRACT OR LOT OF LAND

All contiguous land in the same ownership, provided that lands located on opposite sides of a public or private road shall be considered each a separate tract or lot of land unless such road was established by the owner of land on both sides thereof.

TRADESMAN

An establishment occupied by a craftsperson or a person in a skilled trade, including, by way of example only, plumbing, carpentry, or electrical work. The term also shall include establishments engaged in the repair of electrical goods and appliances, watches, jewelry, equipment, furniture, or other goods, exclusive of motor vehicles, where such services are the primary use and not accessory to another use, such as retail sales. The shop may include work space, storage space, and office space but may not exceed two-thousand (2,000) square feet of total floor area.

TRANSMITTER TOWER

A facility for the location of telecommunications antennas and/or Internet equipment. This includes radio, radar, television, cellular telephone, or radio-telephone transmitting, repeating or broadcasting towers and necessary accessory structures but not studios or offices for such activities.

TRAVELED WAY

That part of the street used for the movement of vehicles and/or pedestrians, including the part of the street reserved for vehicles, sidewalks, and bicycle and parking lanes.

TRIBUTARY STREAM

A channel between defined banks created by the action of surface water, which is characterized by the lack of terrestrial vegetation or by the presence of a bed devoid of topsoil, containing waterborne deposits or exposed soil, parent material or bedrock; and which is connected hydrologically with other water bodies. "Tributary stream" does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetation cover has been removed by human activity. This definition does not include the term "stream" as defined elsewhere in this chapter, and only applies to that portion of the tributary stream located within the shoreland zone of the receiving water body or wetland.

TRUCKING AND DISTRIBUTION FACILITIES

Facilities for the short-term storage and transshipment of materials or goods, including common carriers, oil terminals, moving companies, and similar operations.

UNIFORM SETBACK RELATIONSHIP FOR A LOT

The average of the setbacks of nine (9) lots, two (2) on either side of the subject lot and five (5) on the opposite side of the street from the lot, or the number of existing lots on each side of the subject lot, all located on the same block, whichever is less. If one (1) or more of the nine (9) lots are undeveloped, it shall not be included in calculation. Furthermore, if the setback of one (1) of the nine (9) lots is greater than the average setback of the other lots, it shall not be included in the calculation.

UPLAND EDGE OF A WETLAND

The boundary between upland and wetland. 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 foot) tall or taller.

USABLE OPEN SPACE

That portion of the common open space which, due to its slope, drainage characteristics and soil conditions, can be used for active recreation, horticulture or agriculture. To be considered usable open space, the land must not be poorly drained or very poorly drained or have ledge outcroppings or areas with slopes exceeding 10%.

USE

The purpose for which land or a building is arranged, designed, or intended or for which either land or a building is or may be occupied or maintained.

UTILITY SOLAR SYSTEM (USS)

Intended for off-site utility grid use, a USS is larger than twenty-thousand (20,000) square feet in surface area with no limit on the rated nameplate capacity.

VARIANCE

A grant of relief by a community from the terms of a floodplain management regulation.

VARIANCE

A relaxation of the terms of this chapter where such variance would not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary or undue hardship. A financial hardship shall not constitute grounds for granting a variance. The crucial points of the variance are undue hardship and unique physical circumstances applying to the property.

VEGETATION

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.

VETERINARY CLINIC/GROOMING

A facility where animals or pets are given medical or surgical treatment or where animals and pets are groomed and in which the boarding of animals is short term and incidental to the medical care or grooming.

VIOLATION

The failure of a structure or development to comply with a community's floodplain management regulations.

VOLUME OF A STRUCTURE

The volume of all portions of a structure enclosed by roof and fixed exterior walls as measured from the exterior faces of these walls and roof.

WAREHOUSE, MINI STORAGE

Any self-storage building housing individual storage units or lockers, each of which is accessible through a private entrance and rented to the public for storage of personal or business belongings.

WATER BODY

Any great pond, river or stream.

WATER CROSSING

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.

WELL FIELD

A tract of land which contains a number of existing or proposed wells for supplying water.

WELLHEAD

The specific location of a well and/or any structure built over or extending from a well.

WETLAND

See "freshwater wetland."

WHOLESALE SALES

Trade that involves the sale of merchandise, in bulk or large quantities, to retailers for resale or to industrial, commercial, or institutional users.

WILDLIFE HABITAT

Areas identified by a governmental agency, such as the Maine Department of Inland Fisheries and Wildlife, as having significant value as habitat for birds or animals.

WINDOW SIGN

A sign that is painted on, permanently or temporarily attached to, or suspended directly inside a window or the glass portion of a door.

WOODY VEGETATION

Live tees or woody, non-herbaceous shrubs.

YARD SALE

The sale of tangible personal property from any given lot, whether conducted indoors or outdoors, and occurring not more than four (4) calendar days in a calendar year. Activities occurring more than four (4) calendar days in one (1) calendar year are considered a retail store or limited retail store as defined in this chapter. "Yard sale" shall include the term "garage sale," "barn sale," "lawn sale," "rummage sale" or "moving sale" or other such similar sales or activities.

YARD, FRONT

An open space extending the entire width of a lot from lot side line to lot side line and extending in depth at a right angle from the street boundary of such lot to such depth as specified. Such front yard is unoccupied and unobstructed by any building from the ground upward.

YARD, REAR

An open space extending the entire width of a lot from side line to side line and extending at a right angle from the rear line of such lot such depth as specified. Such rear yard is unoccupied and unobstructed by any building from the ground upward.

YARD, SIDE

An open space extending along each side line of a lot between the front yard and the rear yard on such lot and extending at a right angle from the side line of such lot to such depth as specified. Such side yard is unoccupied and unobstructed by any building from the ground upward.

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MapLink™ | Definitions

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City of Sanford, ME

MapLink™ | Definitions