§ 300-202. Additional definitions., Part 2. DEFINITIONS, Chapter 300. Land Use, Part IV. Land Use, Code of Ordinances, Princess Anne (2023)

Latest version.

  • As used in this chapter, the following terms shall have themeanings indicated:

    A use or structure which is incidental and subordinate tothe principal use or structure. Accessory uses, when aggregated, shallnot subordinate the principal use of the lot. Accessory uses and structuresmust comply with all conditions and standards for the location oruse and which have been permitted by the Planning Board for the locationor use. A deck or similar extension of the principal structure, ora garage attached to the principal structure by a roof or a commonwall, is considered part of the principal structure. Accessory residentialstructures and uses include, but are not limited to, private garageswith less than four vehicles; swimming pools; greenhouses operatedby and for use by the family living in the residence; and satellitedishes. Accessory structures or uses also include amateur radio andcitizen band radio towers exceeding 35 feet (excluding antennas) inheight above the ground. Such towers less than 35 feet in height abovethe ground are permitted by right (no permit required).
    The natural elevation of the ground surface before constructionnext to the proposed walls of the structure.
    Any business otherwise permitted as a retail business orservice establishment, including but not limited to any bookstore,newsstand, novelty store, nightclub, bar, cabaret, amusement arcade,or theater, of which a substantial or significant portion consistsof selling, renting, leasing, exhibiting, displaying, or otherwisedealing in materials, devices, or activities of any kind which appealto prurient interests and which depict or describe specified sexualactivities, or videotapes rated X, NC-17, or classified as suitablefor adults or persons 18 years of age or older, or are displayed ina portion of a facility open only to persons older than 18 years ofage.
    An owner of land whose property is directly or indirectlyaffected by the granting or denial of a permit or variance under thischapter; a person whose land abuts land for which a permit or variancehas been granted; or any other person or group of persons who havesuffered particularized injury as a result of the granting or denialof such permit or variance. For the purposes of a Planning Board decision,an aggrieved party must have also participated in person, throughan authorized representative, or in writing at a public hearing relatedto the decision being appealed.

    [Amended 6-4-2007 by Ord.No. 109; 4-20-2017 by Ord. No. 17-067]

    The production, keeping or maintenance for sale or leaseof plants and/or animals, including but not limited to forages andsod crops; grains and seed crops; dairy animals and dairy products;poultry and poultry products; livestock; fruits and vegetables; andornamental and greenhouse products. Agriculture does not include forestmanagement and timber harvesting activities.
    The growing or propagation of harvestable freshwater, estuarine,or marine plant or animal species.
    Includes building footprint, accessory structures, storageand parking areas and all areas on the property associated with theoperation of the nonconforming use. "Area in nonconforming use" alsoincludes all land area within the outer limits of the above-notedstructures, storage and parking areas, including yards and setbackareas. Undisturbed or natural areas on the same lot as the nonconforminguse and outside the area described above shall not be used in calculatingthe area in nonconforming use.
    The designated AO and AH Zone on the City's Flood InsuranceRate Map (FIRM) with a one-percent or greater annual chance of floodingto an average depth of one feet to three feet where a clearly definedchannel does not exist, where the path of flooding is unpredictable,and where velocity flow may be evident. Such flooding is characterizedby ponding or sheet flow.
    The land in the floodplain having a one-percent or greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study, cited in Part 5, Performance Standards, of this chapter.
    Establishments primarily engaged in the sales, repair, and/orservice of automobiles, mobile homes, farm machinery, motorcycles,ATVs, and similar activities, including but not limited to auto repairgarages, filling stations, car washes, machinery repair, auto sales,farm machinery sales and services, house trailer sales, manufacturedhousing and similar activities. Retail automobile parts and suppliesare not considered automobile businesses. Where specifically listed,auto sales may include auto repair; auto repair shall not includeauto sales.
    Establishments primarily engaged in providing repair andreplacement services for automotive vehicles, such as passenger cars,trucks, and vans, and all trailers, including the sale, installation,and servicing of equipment and parts. Establishments in this industrygroup employ mechanics with specialized technical skills to diagnoseand repair the mechanical and electrical systems for automotive vehicles,repair automotive interiors, and paint or repair automotive exteriors.
    Establishments primarily engaged in one or more of the following:

    Cutting, trimming, shampooing, weaving, coloring, waving orstyling hair;


    Providing facials and/or manicures/pedicures; and


    Applying makeup.

    The area of cross section of a tree trunk at 4½ feetabove the ground level and inclusive of bark.

    [Added 4-20-2017 by Ord.No. 17-067]

    The flood having a one-percent chance of being equaled orexceeded in any given year, commonly called the "one-hundred-yearflood."
    Any portion of a structure with floor-to-ceiling height ofsix feet or more and having more than 50% of its volume below theexisting ground level.

    [Amended 4-20-2017 by Ord. No. 17-067]

    That portion of a parcel as calculated pursuant to Part 3, Article IV, Site Capacity Analysis, of this chapter; the extent to which a site is developable.
    A place that advertises itself as a bed-and-breakfast wherethe public for a fee may obtain overnight accommodations that includea sleeping room or rooms and at least one meal per day.
    A facility designed primarily for the launching and landingof watercraft, and which may include an access ramp, docking area,and parking spaces for vehicles and trailers.

    [Added 4-20-2017 by Ord.No. 17-067]

    A unit of land, together with a specified type and amountof planting thereon, and any structures such as but not limited tofences, retaining walls and berms, which may be required between landuses to eliminate or minimize conflicts.
    See "structure."
    The vertical height from the sidewalk or finished grade atthe center of the front of a building to the highest point of theroof surface, if a flat roof; to the deckline for mansard roofs; andto the mean height between eaves and ridges for gable, hip, and gambrelroofs. For purposes of applying regulations in shoreland areas, theheight of a structure shall be the vertical distance between the meanoriginal (prior to construction) grade at the downhill side of thestructure and the highest point of the structure, excluding chimneys,steeples, antennas, and similar appurtenances which have no floorarea.

    [Amended 4-20-2017 by Ord. No. 17-067]

    The State of Maine Department of Agriculture, Conservationand Forestry, Bureau of Forestry.

    [Added 4-20-2017 by Ord.No. 17-067]

    A planned development designed and arranged for businessand professional uses, uses that are accessory or that provide servicesto business and professional uses.
    Establishments primarily engaged in promoting the businessand/or professional interests of their members and the professionas a whole. These establishments may conduct research; develop statistics;sponsor quality and certification standards; lobby public officials;or publish newsletters, books, or periodicals for distribution totheir members.
    A room or group of rooms used for conducting the affairsof a business or professional entity, not entailing the sale of goodsexcept that which is clearly incidental. Examples of business/professionaloffices and services include but are not limited to doctors; dentists;consultants; engineers; realtors; insurance agents; and lawyers' offices;artist's studio.
    A measurement of the size of a tree equal to the diameterof its trunk, measured six inches above natural grade for trees havingcalipers less than or equal to four inches diameter, and measured12 inches above grade for tree calipers greater than four inches diameter.
    Any area or tract of land to accommodate two or more partiesin temporary living quarters, including, but not limited to, tents,recreational vehicles or other shelters; considered a recreationaluse of land for purposes of this chapter.

    [Amended 4-20-2017 by Ord. No. 17-067]

    The more or less contiguous cover formed by tree crowns ina wooded area.

    [Added 4-20-2017 by Ord.No. 17-067]

    Land used or dedicated to the burial of the dead, includingcrematoriums, mausoleums, necessary sales, and maintenance facilities.Mortuaries and funeral establishments shall be included when operatedwithin the boundary of such cemetery.
    See "Code Enforcement Officer."
    A document signed by the Code Enforcement Officer statingthat a structure or development is in compliance with all applicableprovisions of this chapter.
    See "watercourse."
    See "day-care center."
    A building, together with its accessory buildings and uses,where persons regularly assemble for religious worship, and whichbuilding, together with its accessory buildings and uses, is maintainedand controlled by a religious body organized to sustain public worship.
    The City Engineer may be a regular employee of the City ora consultant to the City. The individual designated as City Engineershall be a registered professional engineer, licensed by the Stateof Maine.
    Establishments primarily engaged in promoting the civic andsocial interests of their members.
    Land under unified management, planned and developed as awhole according to comprehensive and detailed plans, including streets,lots or building sites, site plans and design principles for all buildingsintended to be located, constructed, used and related to each other,and for other uses and improvements on the land. Development may bea single operation or a programmed series of operations, includingall lands and buildings, with provision for operation and maintenanceof such areas, facilities and improvements necessary for common useby occupants of the development.
    All tidal and subtidal lands; all lands with vegetation presentthat is tolerant of saltwater and occurs primarily in a saltwateror estuarine habitat; and any swamp, marsh, bog, beach, flat or othercontiguous low land which is subject to tidal action during the highesttide level for the year in which an activity is proposed, as identifiedin tide tables published by the National Ocean Service. Coastal wetlandsmay include portions of coastal sand dunes.

    [Amended 4-20-2017 by Ord. No. 17-067]

    Any person responsible for performing the inspection, licensing,and enforcement duties required by a particular statute or ordinance.
    The use of lands, buildings, or structures, other than ahome occupation, defined herein, the intent and result of which activityis the production of income from the buying and selling of goods and/orservices, exclusive of rental of residential buildings and/or dwellingunits. Uses considered commercial by this chapter are found in theStandard Industrial Classification Manual under the following categoryheadings: Retail Trade; Finance, Insurance and Real Estate Services;Wholesale Trade. All uses listed in the Table of Land Uses in theBase Zoning Districts, except those listed under the "Residential" subsection,shall be considered commercial uses by this chapter.
    See "utility."
    A housing facility for eight or fewer persons with disabilitiesor other needs that is approved, authorized, certified or licensedby the state. The residents are not legally related to the operatorand are provided personal care, supervision and social or rehabilitativeservices.

    [Added 11-17-2016 by Ord.No. 16-184]

    For purposes of this chapter, the "compact area" of the Cityof Augusta shall mean that area contained within the "Revised UrbanBoundaries" shown on "Map of Compact Area, Augusta, Kennebec County,Maine," prepared by the State of Maine Department of Transportation,Bureau of Planning, in cooperation with the United States Departmentof Transportation, Federal Highway Commission (1975). Said map ishereby incorporated into this chapter and shall be maintained on filewith the Official Zoning Map. For purposes of this chapter, exceptwith respect to the provisions of OBDS, the compact area of the Cityof Augusta shall also include the Urban Growth Area designated inthe 2007 Comprehensive Plan.

    [Amended 4-20-2017 by Ord. No. 17-069]

    A permitted use which may not be appropriate without restrictionin a particular district, but which, in the opinion of the PlanningBoard, if controlled as to number, location, relation to the neighborhood,site design, operational aspects, traffic generation, impact on publicfacilities and implementation of performance standards, would promotethe public safety, health, convenience or welfare. A conditional useshall be allowed in a district only if the regulations for that districtspecifically permit it, subject to the approval of the Planning Board,and only when the Board finds that such use meets all of the requirementsapplicable to it as specified in this chapter.
    A facility used for conferences and seminars, with accommodationsfor food preparation and eating, entertainment, resource facilities,and meeting rooms. The total floor area of a conference center shallnot exceed 20,000 square feet.

    [Added 11-20-2014 by Ord.No. 14-191]

    Any of the activities commonly referred to as "construction"and shall include but not be limited to plumbing, heating, electrical,roofing, carpentry, interior remodeling, and equipment rental.
    A building, or portion thereof, designed to accommodate 300or more people in assembly.

    [Added 11-20-2014 by Ord.No. 14-191]

    A publicly or privately operated facility generally designedfor the confinement, correction, and rehabilitation of adult and/orjuvenile offenders sentenced by a court.
    A publicly operated facility used for the purposes of tryingand sentencing individuals suspected or guilty of committing a criminaloffense or for hearing and deciding on civil disputes.
    More often than an average of one calendar week during anycalendar month of operation.
    A facility licensed by the state primarily engaged in providingnonresidential social assistance, including care, supervision, andprotection, during daytime hours to more than 12 children or adultswho are not all related to each other by blood or marriage and whoare not legal wards or foster children of the care providers, andwhich is not being used as a residence by the care providers. Servicesmay include child day care, nonmedical home care or homemaker services,social activities, group support, and companionship.
    A residence in which care is given during daytime hours tono more than 12 persons of various ages and which may or may not belicensed according to the state's criteria. This use differsfrom a day-care center in that it is conducted by persons who areliving in the home at which the day care is being provided. Day-carehomes must also meet the standards for home occupations.
    A measurement of the size of a tree equal to the diameterof its trunk measured 4.5 feet above natural grade.
    Any commercial, industrial or compact residential area of10 or more acres with an existing density of at least one principalstructure per two acres.
    Any change caused by individuals or entities to improvedor unimproved real estate, including but not limited to the constructionof buildings or other structures; the construction of additions orsubstantial improvements to buildings or other structures; mining,dredging, filling, grading, paving, excavation, drilling operations,or storage of equipment or materials; and the storage, deposition,or extraction of materials, public or private sewage disposal systemsor water supply facilities.


    Any multifamily or nonresidential development project that:


    Creates more than 25,000 square feet of new floor space in theCD or IA Zones; or


    Creates more than 10,000 square feet of new floor area in zones not listed in Subsection A(1) above; or


    Disturbs more than 43,560 square feet of land; or


    Creates more than 43,560 square feet of new impervious surface;or


    New construction that generates more than 100 trips in the peakhour for the proposed use; or


    Proposes a new wireless communications facility that will requireconstruction of a new tower; or


    Proposes the construction, erection, or placement of a fixed,portable or temporary bituminous mix plant or ready mix concrete plant.



    Any multifamily or nonresidential development project that:


    Creates between 5,000 and 25,000 square feet of new floor areain the CD and IA Zones; or


    Creates between 1,000 and 10,000 square feet of new floor area in zones not listed in Subsection B(1) above; or


    That disturbs between 10,000 and 43,560 square feet of land;or


    Creates between 10,000 and 43,560 square feet of new impervioussurface; or


    Creates four or more residential units in a preexisting single-family,duplex or multifamily structure; or


    New construction that generates between 35 and 99 trips in allzoning districts, except CD and IA, in the peak hour for the proposeduse; or


    Any change of use where the proposed use requires 25% more on-siteparking, as calculated using the parking requirements in this chapter,than the applicant proposes to make available on site; or


    Proposes co-location of a wireless communications facility onan existing tower that will require construction of a new equipmentshed; or


    All uses proposing to construct a drive-through service or vehiclerefueling pumps that do not otherwise qualify for major or minor developmentreview.



    Requiring a permit from the CEO if listed as a permitted use or requiring a permit from the Planning Board if listed as a conditional use.

    Numerical standards relating to spatial relationships, including,but not limited to, setback, lot area, road frontage, shore frontage,height, floor area and impervious surface factors and ratios and openspace ratios.

    [Amended 4-20-2017 by Ord. No. 17-067]

    Light emitted directly from the lamp, off of the reflectoror reflector diffuser, or through the refractor or diffuser lens ofa luminaire.
    Any disability, infirmity, malformation, disfigurement, congenitaldefect or mental condition caused by bodily injury, accident, disease,birth defect, environmental conditions or illness; and also includesthe physical or mental condition of a person which constitutes a substantialhandicap as determined by a physician, or in the case of mental handicap,by a psychiatrist or psychologist, as well as any other health orsensory impairment which requires special education, vocational rehabilitationor related services.

    [Added 4-20-2017 by Ord.No. 17-067]

    The outflow of water, silt or other mobile substances passingalong a conduit, watercourse, or a channel or released from detentionstorage.
    Complete cessation or abandonment of a use evidenced by removalof all advertising signs, or removal of all contents of the structurenecessary to conduct the business, or allowing the building to becomedilapidated or by changing to a conforming use.
    The removal of surface water or groundwater from land bydrains, grading, or other means. Drainage includes the control ofrunoff to minimize erosion and sedimentation during or after developmentand includes the means necessary for water supply preservation orfor prevention or alleviation of flooding.
    See "watercourse."
    A paved or unpaved area used for ingress and egress of vehiclesfrom a street or road right-of-way to buildings or other structuresor facilities on a lot. When said distance of driveway between thestreet right-of-way and structures/facilities is longer than 100 feetin length, it shall meet the minimum requirements identified in theAugusta Technical Standards Handbook for an emergency access lane.A shared driveway for up to two adjacent lots shall be allowed ifthere is a recorded driveway easement that runs with the land andif each lot has the minimum required lot frontage on a street/roadright-of-way. The easement must describe the maintenance and repairresponsibilities of each party. A shared driveway shall meet the minimumrequirements of §5.4 of Augusta's Technical StandardsHandbook. In the shoreland zone, a vehicular accessway less than 500feet in length serving two single-family dwellings or one two-familydwelling, or less.

    [Amended 4-20-2017 by Ord. No. 17-067]

    A residential structure containing three or more dwellingunits.
    A residential structure containing one dwelling unit.
    A residential structure containing two dwelling units.
    A room or group of rooms designed and equipped exclusivelyfor use as permanent, seasonal, or temporary living quarters for onlyone family at a time and containing cooking, sleeping and toilet facilities.The term shall include mobile homes and rental units that containcooking, sleeping, and toilet facilities regardless of the time periodrented. Recreational vehicles are not residential dwelling units.

    [Amended 11-17-2016 by Ord. No. 16-183]

    Includes topsoil (loam), sand, gravel, and clay taken fromthe land. "Earth removal" shall mean the extraction of topsoil, sand,gravel, and clay from the earth. See "development," "earth filling"and "mineral extraction."
    Use of land or a building or buildings for the establishmentand maintenance of a public or private college, secondary or elementaryschool or other educational institution that is designed, constructed,or used for education or instruction of persons in any branch of knowledge.
    A nonbasement building or structure:

    Built, in the case of a building in Zones A1-30, AE, A, A99,AO, AH, B, C, X, or D, to have the top of the elevated floor elevatedabove the ground level by means of pilings, columns, posts, piers,or stilts; and


    Adequately anchored so as not to impair the structural integrityof the building during a flood of up to one foot above the magnitudeof the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH,B, C, X, or D, "elevated building" also includes a building elevatedby means of fill or solid foundation perimeter walls less than threefeet in height with openings sufficient to facilitate the unimpededmovement of floodwaters.

    An official form (FEMA Form 81-31, 05/90, as amended) thatis used to verify compliance with the floodplain management regulationsof the National Flood Insurance Program and is required as a conditionfor purchasing flood insurance.
    Operations conducted for the public health, safety or generalwelfare, such as protection of resources from immediate destructionor loss, law enforcement, and operations to rescue human beings, propertyand livestock from the threat of destruction or injury.

    [Amended 4-20-2017 by Ord. No. 17-067]

    The detachment and movement of soil, organic matter or rockfragments by water, wind, ice or gravity.
    Gas, electrical or communications facilities; steam, fuel,telephone, electric power or water transmission or distribution lines,towers and related equipment; telephone cables or lines, poles andrelated equipment; gas, oil, water, slurry or other similar pipelines;municipal sewage lines, collection or supply systems; and associatedstorage tanks. For the purposes of this chapter, such systems mayinclude towers, poles, wires, mains, drains, pipes, conduits, cables,fire alarms and police call boxes, traffic signals, hydrants and similaraccessories but shall not include service drops or buildings whichare necessary for the furnishing of such services.

    [Amended 4-20-2017 by Ord. No. 17-067]

    An increase in the footprint or height of a structure, includingall extensions, such as, but not limited to, attached decks, garages,porches and greenhouses. Expansion of a structure shall not includeconstruction of stairways, fire escapes or other changes as mandatedby federal, state or local building or safety codes.

    [Amended 4-20-2017 by Ord. No. 17-067]

    The addition of one or two months to a use's operating season; additional hours of operation; or the use of more footprint of a structure or ground area devoted to a particular use. See §300-309 providing for modifications to nonconforming uses.

    [Amended 4-20-2017 by Ord. No. 17-067]

    One or more persons occupying a premises and living as asingle housekeeping unit.
    A structure for the display and sale of farm products primarilygrown on the property upon which the stand is located; may also involvethe accessory sales of other unprocessed foodstuffs, home-processedfood products, and homemade handicrafts.
    Any building, land area, or other premises, or portion thereof,used for the retail dispensing or sales of vehicular fuels, and includingas an accessory use the retail sale and installation of lubricants,tires, batteries, and similar vehicle accessories. A filling stationis not a repair garage or a body shop. See "automobile business."
    Establishments such as banks and financial institutions,credit agencies, investment companies, brokers of and dealers in securitiesand commodities, security and commodity exchanges, insurance agents,lessors, lessees, buyers, sellers, agents, and developers of realestate.
    The assembly that houses the lamp or lamps and can includeall or some of the following parts: a housing, a mounting bracketor pole socket, a lamp holder, a ballast, a reflector or mirror, and/ora refractor or lens.
    See "lot, flag."
    An examination, evaluation and determination of flood hazardsand, if appropriate, corresponding water surface elevations.
    An official map of a community, on which the Administratorof the Federal Insurance Administration has delineated both the specialhazard areas and the risk premium zones applicable to the community.



    A general and temporary condition of partial or complete inundationof normally dry land areas from:


    The overflow of inland or tidal waters.


    The unusual and rapid accumulation or runoff of surface watersfrom any source.


    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 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 A(1) of this definition.

    The operation of an overall program of corrective and preventivemeasures for reducing flood damage, including but not limited to emergencypreparedness plans, flood-control works, and floodplain managementregulations.
    Any land area susceptible to being inundated by water fromany source. (See definition of "flood or flooding.")
    Any combination of structural and nonstructural additions,changes, or adjustments to structures which reduce or eliminate flooddamage to real estate or improved real property, water and sanitaryfacilities, structures and their contents.
    See "regulatory floodway."
    The sum of the horizontal areas of the floor(s) of a structureenclosed by exterior walls, plus the horizontal area of any unenclosedportions of a structure such as porches and decks.
    A ratio derived by dividing the total floor area by the netbuildable site area.

    [Amended 4-20-2017 by Ord. No. 17-067]

    A retail business establishment where flooring materialsare exhibited for sale or where samples are displayed.
    The entire area of ground covered by the structure(s) ona lot, including, but not limited to, cantilevered or similar overhangingextensions, as well as unenclosed structures, such as patios and decks.

    [Added 4-20-2017 by Ord.No. 17-067]

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

    [Added 4-20-2017 by Ord.No. 17-067]

    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, brickor similar material.

    [Amended 4-20-2017 by Ord. No. 17-067]

    A factor of safety usually expressed in feet above a floodlevel for purposes of floodplain management. Freeboard tends to compensatefor the many unknown factors, such as wave action, bridge openings,and the hydrological effect or urbanization of the watershed, thatcould contribute to flood heights greater than the height calculatedfor a selected size flood and floodway conditions.
    See "hydric soils." Flooding likely to occur often underusual weather conditions; more than a fifty-percent chance of floodingin any year or more than 50 times in 100 years.


    [Added 4-20-2017 by Ord.No. 17-067]


    Freshwater swamps, marshes, bogs and similar areas, other thanforested wetlands, which are:


    Of 10 or more contiguous acres; or of less than 10 contiguousacres and adjacent to a surface water body, excluding any river, streamor brook, such that in a natural state, the combined surface areais in excess of 10 acres; and


    Inundated or saturated by surface water or groundwater at afrequency and for a duration sufficient to support, and which undernormal circumstances does support, a prevalence of wetland vegetationtypically adapted for life in saturated soils.


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

    The mechanized processing of wood into any length less thantree length, not accessory to a timber harvest, when not burned orconsumed on site.

    [Added 1-17-2013 by Ord.No. 13-008]

    With respect to §300-508, Flood damage prevention standards, "functionally dependent use" means a principal 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. With respect to shoreland zoning regulations, §300-316.1, "functionally water-dependent uses" are those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal and inland waters and which cannot be located away from these waters. The uses include, but are not limited to, commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish-related storage and retail and wholesale marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aids, basins and channels, shoreline structures necessary for erosion control purposes, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to coastal and inland waters. Recreational boat storage buildings are not considered to be a functionally water-dependent use.

    [Amended 4-20-2017 by Ord. No. 17-067]

    A building used for the preparation of the deceased for burialand display and rituals connected therewith before burial or cremation.A funeral home, as defined for purposes of this chapter, includesa funeral chapel.
    An accessory residential building, or part of a principalresidential building, including a carport, used primarily for thestorage of motor vehicles.
    An enterprise where plants either imported or grown on thesite are sold, at retail and wholesale, as well as accessory itemsdirectly related to the planting, harvesting, maintenance and careof plant life, including plants, shrubs, trees, packaged fertilizers,soils, chemicals, garden tools, gifts, and other nursery goods andsimilar accessory and ancillary products in small quantities. Thisactivity includes greenhouses. This activity does not include thesale, either retail or wholesale, of power equipment, such as gasor electric lawnmowers and farm implements, or of gravel.
    Areas along all brooks, streams, wetlands and natural drainagewaysnot protected by M.R.S.A. Title 38 but considered to have value intheir natural state for the maintenance of biotic systems and in theircapacity to carry stormwater.
    See "gross floor area."
    Light emitting from a luminaire with an intensity great enoughto reduce a viewer's ability to see, and in extreme cases causingmomentary blindness.
    A room or group of rooms used for conducting the affairsof a government entity, not entailing the sale of goods except thatwhich is clearly incidental.
    For the purposes of this chapter, "government services" shallinclude the functions performed by the various government agenciesin the City. Government services shall include but not be limitedto the following: capitol, administration, courts, jails, public safety(police, fire and emergency/rescue), public schools, postal services,public works and municipal utilities.
    Any building, site, or use owned, operated, or facilitatedby any governmental entity or agency.
    Any inland body of water which in a natural state has a surfacearea in excess of 10 acres, and any inland body of water artificiallyformed or increased which has a surface area in excess of 30 acres,except, for the purposes of this chapter, where the artificially formedor increased inland body of water is completely surrounded by landheld by a single owner. Note: All ponds in Augusta are "great ponds."

    [Amended 4-20-2017 by Ord. No. 17-067]

    Any great pond classified GPA, pursuant to 38 M.R.S.A. Article4-A, §465-A. This classification includes some, but notall, impoundments of rivers that are defined as "great ponds." Note:All ponds in Augusta are "great ponds."

    [Amended 4-20-2017 by Ord. No. 17-067]

    A building used for the cultivation of plants whose roofand sides are made largely of glass or other transparent or translucentmaterial.
    The sum of the gross area of the several floors of a buildingor buildings measured from the exterior faces of exterior walls orfrom the center lines of walls separating two buildings.

    In particular, floor area generally includes:


    Basement space, except as specifically excluded.


    Elevator shafts or stairwells at each floor.


    Attic space (whether or not a floor has been laid) providingstructural headroom of seven feet, six inches, or more.


    Floor space in interior balconies or mezzanines.


    Any other floor space used for dwelling purposes, no matterwhere located within a building.


    Floor space in accessory buildings, except for floor space usedfor accessory off-street parking.


    Any other floor space not specifically excluded.


    However, the gross floor area of a building shall not include:


    Cellar space, except that cellar space used for retailing shallbe included for the purpose of calculating requirements for accessoryoff-street parking spaces and accessory off-street loading berths.


    Elevator or stair bulkheads, accessory water tanks, or coolingtowers.


    Uncovered steps.


    Attic space (whether or not a floor actually has been laid)providing structural headroom of seven feet, six inches.


    Floor space used for mechanical equipment.

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

    [Added 4-20-2017 by Ord.No. 17-067]

    A facility licensed by the State of Maine, wherein more thaneight persons not legally related to the operator are provided personalcare, supervision and social or rehabilitative services. The facilityserves as a substitute for the residents' own homes, furnishing facilitiesand comforts normally found in a home but providing, in addition,such service, equipment, and safety features as are required for safeand adequate care of the residents.

    [Amended 11-17-2016 by Ord. No. 16-184]

    Areas designated by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. §§480-A through 480-S, and described in §300-316.1C(1) of this chapter.
    A tree with a structural defect, combination of defects,or disease resulting in a structural defect that, under the normalrange of environmental conditions at the site, exhibits a high probabilityof failure and loss of a major structural component of the tree ina manner that will strike a target. A normal range of environmentalconditions does not include meteorological anomalies, such as, butnot limited to: hurricanes; hurricane-force winds; tornados; microbursts;or significant ice storm events. Hazard trees also include those treesthat pose a serious and imminent risk to bank stability. A targetis the area where personal injury or property damage could occur ifthe tree or a portion of the tree fails. Targets include roads, driveways,parking areas, structures, campsites, and any other developed areawhere people frequently gather and linger.

    [Added 4-20-2017 by Ord.No. 17-067]

    Establishments primarily engaged in the repair and maintenanceof commercial and industrial machinery and equipment. May includethe rental, but not sales, of heavy equipment.
    See "building height (maximum)."
    A nonprofit membership organization dedicated to the preservationof historical documents, materials, and artifacts and promoting anincreased awareness of these items. Such organizations often makehistorical documents, materials, and artifacts available to the widerpublic by providing research opportunities, museums and display areas,interpretive programs, lecture series at their site, and other accessoryuses, sometimes for a fee.
    Any structure that is:

    Listed individually in the National Register of Historic Places(a listing maintained by the Department of Interior) or preliminarilydetermined by the Secretary of the Interior as meeting the requirementsfor individual listing on the National Register;


    Certified or preliminarily determined by the Secretary of theInterior as contributing to the historical significance of a registeredhistoric district or a district preliminarily determined by the Secretaryof the Interior to qualify as a registered historic district;


    Individually listed on a state inventory of historic placesin states with historic preservation programs which have been approvedby the Secretary of the Interior; or


    Individually listed on a local inventory of historic placesin communities with historic preservation programs that have beencertified either:


    By an approved state program as determined by the Secretaryof the Interior; or


    Directly by the Secretary of the Interior in states withoutapproved programs.

    An occupation or profession which is customarily conductedon or in a residential structure or property and which:

    [Amended 4-20-2017 by Ord. No. 17-067]


    Is clearly incidental to and compatible with the residentialuse of the property and surrounding residential uses;


    Occupies no more than 30% of the floor area of all structureson the property;


    Does not change the outside appearance of the residential dwellingunit or premises;


    Is conducted entirely within the dwelling unit or accessorystructure; and


    Employs no more than two persons other than family members residingin the home.

    Institutions, licensed by the State Department of Health,providing primary health services and medical or surgical care topersons, primarily inpatients, suffering from illness, disease, injury,deformity, and other abnormal physical or mental conditions, and includingas an integral part of the institution related facilities such aslaboratories, outpatient facilities, or training facilities.
    A building or group of buildings in which more than 16 roomsare used to offer transient lodging accommodations to the generalpublic and which may include additional facilities and services, suchas restaurants, meeting rooms, entertainment, personal services, andrecreational facilities.



    All histosols except folists; or


    Soils in aquic suborders, aquic subgroups, albolls suborder,salorthids great group, or pell great groups of vertisols that are:


    Somewhat poorly drained and have water table less than 0.5 footfrom the surface for a significant period (usually a week or more)during the growing season; or


    Poorly drained or very poorly drained and have either:


    Water table at less than one foot from the surface for a significantperiod (usually a week or more) during the growing season if permeabilityis equal to or greater than six inches/hour in all layers within 20inches; or


    Water table at less than 1.5 feet from the surface for significantperiod (usually a week or more) during the growing season if permeabilityis less than six inches/hour in any layer within 20 inches; or


    Soils that are ponded for long duration or very long durationduring the growing season; or


    Soils that are frequently flooded for long duration or verylong duration during the growing season.

    Source: The National Technical Committee for Hydric Soils (USDASoil Conservation Service, 1987).

    Soils that are saturated, flooded, or ponded long enoughduring the growing season to develop anaerobic conditions in the upperpart (USDA Soil Conservation Service, 1987). In general, hydric soilsare flooded, ponded, or saturated for usually one week or more duringthe period when soil temperatures are above biologic zero 41°F., as defined by "Soil Taxonomy" (U.S.D.A. Soil Survey Staff, 1975).These soils usually support hydrophytic vegetation.
    Illuminating Engineering Society of North America, an internationallyrecognized authority on lighting design. Publishers of RP-33-99.
    Any hard-surfaced, man-made area that does not readily absorbor retain water, including but not limited to building roofs, pavedor graveled parking and driveway areas, sidewalks and paved recreationalfacilities.
    A measure of the intensity of land use which is determinedby dividing the total area of all impervious surfaces on a site bylot area.
    Internal modification, including alterations and renovations,and window replacement, as well as minor exterior modifications necessaryfor health and safety such as but not limited to fire escapes andmeans of egress. Reroofing and placement of siding is not consideredimprovement to a structure.
    Any change in a structure or property which causes furtherdeviation from the dimensional standard(s) creating the nonconformity,such as, but not limited to, reduction in water body, tributary streamor wetland setback distance, increase in lot coverage, or increasein height of a structure. Property changes or structure expansionswhich either meet the dimensional standard or which cause no furtherincrease in the linear extent of nonconformance of the existing structureshall not be considered to increase nonconformity. For example, thereis no increase in nonconformity with the setback requirement for waterbodies, wetlands, or tributary streams if the expansion extends nofurther into the required setback area than does any portion of theexisting nonconforming structure. Hence, a structure may be expandedlaterally, provided that the expansion extends no closer to the waterbody, tributary stream, or wetland than the closest portion of theexisting structure from that water body, tributary stream, or wetland.Included in this allowance are expansions which infill irregularlyshaped structures.

    [Added 4-20-2017 by Ord.No. 17-067]

    An area of land which is not associated with a campgroundbut which is used for repeated camping by only one group not to exceed10 individuals and which involves site improvements which may include,but not be limited to, a gravel pad, parking area, fireplace, or tentplatform.

    [Amended 4-20-2017 by Ord. No. 17-067]

    Those establishments which create new (or altered) productsfrom raw materials or other product through various processes forultimate distribution and sale. The assembling, fabrication, finishing,manufacturing, packaging or processing of goods, or the extractionof minerals. See "manufacturing (heavy)" and "manufacturing (light)."
    For the purposes of this chapter, or unless otherwise specified,institutional uses include public and private schools, nursing homes,religious activities and associated uses and funeral homes.
    See "stream."
    See "waste facility, Class 2." A junkyard shall be consideredand reviewed as a Class II waste facility and shall include the following:


    An open outside area occupied by three or more unregistered, unserviceable, discarded or junked automotive vehicles or bodies, engines or their parts, sufficient in bulk to equal three vehicles, and including the commercial salvaging of any other goods, articles or merchandise. "Junkyard" does not include tire storage or operations associated with tire storage such as shredding and processing. (See "waste facility.")



    An open outside area used for the storage, keeping, sorting, processing, baling or abandonment of junk, including but not limited to scrap metals or other materials such as paper, rags, bottles, machinery or parts thereof. "Junkyard" differs from "recycling center" in that recycling operations are wholly contained indoors.

    See "manufactured housing park."
    Establishments primarily engaged in one or more of the following:

    Providing dry-cleaning services;


    Providing laundering services, including self-service coin-operatedmachines for use on the premises;


    Providing dropoff and pickup sites for laundries and/or drycleaners; and


    Providing specialty cleaning services for specific types ofgarments and other textile items (except carpets and upholstery),such as fur, leather, or suede garments; wedding gowns; hats; draperies;and pillows.

    An individual licensed by the State of Maine Department ofHuman Services to review and inspect requests for internal and externalplumbing permits.
    See "manufacturing (light)."
    The shining of light produced by a luminaire beyond the boundariesof the property on which it is located.
    Space logically and conveniently located for bulk pickupsand deliveries, scaled to delivery vehicles expected to be used, andaccessible to such vehicles when required off-street parking spacesare filled. Required off-street loading space is not to be includedin off-street parking space in the computation of required off-streetparking space.
    For purposes of this chapter, an elevation established fora specific site to which all other elevations at the site are referenced.This elevation is generally not referenced to the National GeodeticVertical Datum (NGVD) or any other established datum and is used inareas where mean sea level data is too far from a specific site tobe practically used.
    For purposes of this chapter, a lot is a registered or recordedparcel of land of at least sufficient size to meet minimum zoningrequirements for use and dimensions and to provide such yards andother open spaces as are herein required. For the purposes of thischapter, an easement shall not be considered a lot.
    The area of land enclosed within the boundary lines of alot, minus land below the normal high-water line of a water body orupland edge of a wetland and areas beneath roads serving more thantwo lots.
    A back lot or parcel which meets special area requirements of the zone in which it exists, has no less than 40 feet of frontage on a public road which provides access designed in accordance with §300-505, Driveway and access standards. See §300-507, Flag lot standards.




    The line separating any lot from a street or streets.



    A lot line which is opposite and most distant from the front lot line; in the case of a triangular or irregular lot, a line 10 feet long within the lot, parallel to and farthest from the front lot line.



    Any lot line not a front or rear lot line.




    The fee simple or leasehold boundary line of a lot which extends along a recorded or recordable street/road right-of-way which meets the minimum width requirements for the intended use on said lot. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "yards" in this section. Double frontage lots may consider all front footage in determining minimum frontage requirements.



    A lot abutting two parallel streets, or abutting two intersecting streets at points removed from their juncture.



    The distance between the midpoint of straight lines connecting the foremost points of the side lot line in front and the rearmost points of the side lot lines in the rear.



    The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard. For purposes of applying shoreland regulations, minimum lot width shall be considered to be the closest distance between the side lot lines of a lot. When only two lot lines extend into the shoreland zone, both lot lines shall be considered to be side lot lines.

    [Amended 4-20-2017 by Ord. No. 17-067; ]

    Land designated as a separate and distinct parcel in a legallyrecorded deed and plan filed in the Kennebec County Registry of Deeds.
    The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements found in Part 5, Performance Standards, of this chapter.
    Licensed plumbing inspector.
    A unit of luminous flux. One footcandle is one lumen persquare foot. For the purposes of this chapter, the lumen output valuesshall be the initial lumen output ratings of a lamp.
    This is a complete lighting system, and includes a lamp orlamps and a fixture.
    See "manufactured housing."
    A structural unit or units designed for occupancy and constructedin a manufacturing facility and transported by the use of its ownchassis or an independent chassis to a building site. The term includesany type of building which is constructed at a manufacturing facilityand then transported to a building site where it is used for housingand may be purchased or sold by a dealer in the interim. For purposesof this chapter, two types of manufactured housing are included. Thosetwo types are:

    TYPE I

    Those units constructed after June 15, 1976, commonly called "newer mobile homes," which the manufacturer certifies are constructed in compliance with the United States Department of Housing and Urban Development standards, meaning structures transportable in one or more sections, which, in the traveling mode, are 14 body feet or more in width and are 750 or more square feet, and which are built on a permanent chassis and designed to be used as dwellings, with or without permanent foundations, when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained in the unit.

    [Amended 4-20-2017 by Ord. No. 17-067]


    This term also includes any structure which meets all the requirementsof this paragraph, except the size requirements, and with respectto which the manufacturer voluntarily files a certification requiredby the Secretary of the United States Department of Housing and UrbanDevelopment and complies with the standard established under the NationalManufactured Housing Construction and Safety Standards Act of 1974,United States Code, Title 42, §5401 et seq.; and



    Those units commonly called "modular homes," which the manufacturer certifies are constructed in compliance with Title 10, Chapter 951, and rules adopted under that chapter, meaning structures, transportable in one or more sections, which are not constructed on a permanent chassis and are designed to be used as dwellings on foundations when connected to required utilities, including the plumbing, heating, air-conditioning or electrical systems contained in the unit.

    [Amended 4-20-2017 by Ord. No. 17-067]


    For purposes of flood damage prevention standards, the term"manufactured housing" also includes park trailers, travel trailers,and other similar vehicles placed on a site for greater than 180 consecutivedays.

    For purposes of flood damage prevention rules and regulations,a parcel (or contiguous parcels) of land divided into two or moremanufactured home lots for rent or sale.
    Heavy manufacturing shall include industrial uses, includingassembly, fabrication, processing, packaging, storage, distribution,or other industrial processing of products, in which manufacturingprocesses are conducted indoors or out of doors and in which externalevidence of the manufacturing process is detectable out of doors,and shall include any establishment or facility using large unscreenedoutdoor structures that cannot be integrated into the building design,or engaging in large-scale outdoor storage. Heavy manufacturing, forthe purposes of this chapter, includes but is not limited to woodfiber products manufacturing; chemical manufacturing; textile mills;steel fabrication; manufactured housing manufacturing; roof trussmanufacturing; sawmills, turneries and fuel wood production; dairies;grain mills; seafood products production; and beverage manufacturing.
    Light manufacturing shall include industrial uses, includingmanufacturing, assembly, fabrication, processing, packaging, storage,distribution, or other processing of products, in which manufacturingprocesses are wholly contained within a building and which exhibitno external evidence of a manufacturing process such as but not limitedto noise, odor, vibration, dust, smoke, cinders, or fumes.
    A business establishment having frontage on navigable waterand, as its principal use, providing for hire offshore moorings ordocking facilities for boats, and which may also provide accessoryservices such as boat and related sales, boat repair and construction,indoor and outdoor storage of boats and marine equipment, bait andtackle shops and marine fuel service facilities.

    [Amended 4-20-2017 by Ord. No. 17-067]

    The estimated price a property will bring in the open marketand under prevailing market conditions in a sale between a willingseller and a willing buyer, both conversant with the property andwith prevailing general price levels.
    A social service organization where food is distributed,either prepared or unprepared, for free or below market price.

    [Added 12-15-2017 by Ord.No. 16-187]

    For purposes of the National Flood Insurance Program, theNational Geodetic Vertical Datum (NGVD) of 1929 or other datum towhich base flood elevations shown on Augusta's Flood InsuranceRate Map are referenced.
    A facility operated by two or more licensed practitionersof the healing arts providing medical, psychiatric, or surgical servicefor sick or injured persons or for the examination, diagnosis, healthmaintenance, and treatment of persons solely on an outpatient basis.
    A facility exclusively used by patients and their familiesvisiting Augusta to access services at the Alfond Center for Healthand the Alfond Center for Cancer Care.

    [Added 2-6-2014 by Ord.No. 14-017]

    A facility that engages only in the growing and processingof medical marijuana in accordance with state law, but does not dispensemarijuana. Processing of medical marijuana may include, but is notlimited to, the preparation of tinctures, ointments, and food productscontaining medical marijuana.
    MH and MHP
    As used in this chapter, "MH" is equivalent to "mobile home"or "manufactured housing"; "MHP" is equivalent to "mobile home park"and "manufactured housing park."
    Hand sampling, test boring, or other methods of determiningthe nature or extent of mineral resources which create minimal disturbanceto the land and which include reasonable measures to restore the landto its original condition.
    Any operation where soil, topsoil, loam, sand, gravel, clay,rock, peat, or other mined material is removed from its natural locationor where it is handled. All of the land area disturbed or otherwisedeveloped for the extraction, removal, handling, processing, or storageof sand, gravel, clay, minerals, stone, rock, or topsoil, includingany access roads and cleared areas adjacent to a pit or excavatedarea, structures, office building, parking lots and stockpiles, isconsidered to be a part of the mineral extraction site or area. Accessoryuses may be conducted at a mineral extraction activity site.
    See "lot measurements": "lot width."
    All development that is not new floodplain construction ora substantial improvement, such as repairs, maintenance, renovations,or additions, whose value is less than 50% of the market value ofthe structure. It also includes but is not limited to accessory structuresas provided for in this chapter, mining, dredging, filling, grading,paving, excavation, drilling operations, storage of equipment or materials,deposition or extraction of materials, public or private sewage disposalsystems or water supply facilities that do not involve structures,and nonstructural projects such as bridges, dams, towers, fencing,pipelines, wharves, and piers.
    See "manufactured housing."
    A parcel of land under unified ownership approved by themunicipality for the placement of three or more units of manufacturedhousing.
    See "manufactured housing."
    A residential structure containing three or more residentialdwelling units.

    [Amended 4-20-2017 by Ord. No. 17-067]

    The use of land for public utility purposes by an entityproviding pipeline, gas, electrical, telephone, telegraph, water,or sewage service. "Public utility" also includes the use of landfor utility purposes, whether or not owned, controlled, or operatedby a public entity, whose services are performed for or commoditiesdelivered to the public or any portion thereof. Facilities that providefor the transmission, transfer, and distribution of telephone serviceand related activities that are not a minor or major utility facility.For the purposes of this chapter, a municipal or public utility orcommunications facility includes, but is not limited to, the following:a private telephone company or paging service, any utility regulatedby the Maine Public Utilities Commission, and any other commercialcommunications tower.


    Any public service improvement or structure developed by or for a public agency that is not defined as a "minor public facility," including but not limited to water, sanitary treatment plants, electric transmission lines and electric generation plants.



    Any public service improvement or structure developed by or for a public agency that is not defined as a "major public utility or communications facility," including but not limited to pumping and pressure control stations, standpipes, reservoirs, wells and other water storage structures, telephone equipment huts (over 200 square feet) and electricity regulating substations.



    Any structure, antenna, tower, or other device which provides radio/television transmission, commercial mobile wireless services, unlicensed wireless services, cellular phones services, specialized mobile radio communications (SMR), common-carrier wireless exchange phone services, and personal communications services (PCS) or pager services.

    A nonprofit, permanent institution in the service of societyand its development, open to the public, which acquires, conserves,researches, communicates and exhibits the tangible and intangibleheritage of humanity and its environment for the purposes of education,study and enjoyment.

    [Added 5-7-2015 by Ord.No. 15-070]

    Indigenous to the local forests.

    [Added 4-20-2017 by Ord.No. 17-067]

    A small convenience retail establishment which does not includegasoline refueling facilities. See "convenience retail."
    The calculated area of the buildable portion of a lot afterdeducting minimum required open space for residential projects, orrequired floor area factor for nonresidential projects, from the basesite area.
    Structures for which the start of construction commencedon or after the effective date of the floodplain management regulationsadopted by the City of Augusta in July of 1987.
    Structures for which the start of floodplain constructioncommenced on or after the effective date of the initial floodplainmanagement regulations adopted by a community and includes any subsequentimprovements to such structures.
    Any structure for which construction begins on or after September23, 1988, and including any subsequent improvements to such structures.The area included in the expansion of an existing structure is deemedto be a new structure for the purposes of applying subdivision regulations.See "subdivision."
    The National Geodetic Vertical Datum, whose standard wasestablished in 1929, which is used by the National Flood InsuranceProgram (NFIP). See "mean sea level."
    A structure which does not meet any one or more of the followingdimensional requirements: setback, floor area ratio, height, lot coverageor footprint, but which is allowed to remain solely because it wasin lawful existence at the time this chapter or subsequent amendmentstook effect.

    [Amended 4-20-2017 by Ord. No. 17-067]

    A nonconforming lot, structure or use which is allowed solelybecause it was in lawful existence at the time this chapter or subsequentamendment took effect.

    [Added 4-20-2017 by Ord.No. 17-067]

    A single lot of record which, at the effective date of adoptionor amendment of this chapter, does not meet the area, frontage, width,depth, or impervious surface requirements of the district in whichit is located.
    Use of buildings, structures, premises, land or parts thereofwhich is not allowed in the district in which it is situated, butwhich is allowed to remain solely because it was in lawful existenceat the time this chapter or subsequent amendments took effect.

    [Amended 4-20-2017 by Ord. No. 17-067]

    A species of vegetation listed by the Maine Department ofAgriculture, Conservation and Forestry as being invasive in Maineecosystems and not native to Maine ecosystems.

    [Added 4-20-2017 by Ord.No. 17-067]

    That line which is apparent from visible markings, changesin the character of soils due to prolonged action of the water orchanges in vegetation, and which distinguishes between predominantlyaquatic and predominantly terrestrial land. Areas contiguous withrivers and great ponds that support nonforested wetland vegetationand hydric soils and that are at the same or lower elevation as thewater level of the river or great pond during the period of normalhigh water are considered part of the river or great pond.

    [Amended 4-20-2017 by Ord. No. 17-067]

    The national datum whose standard was established in 1988,which is the new vertical datum used by the National Flood InsuranceProgram (NFIP) for all new Flood Insurance Rate Maps. NAVD is basedupon vertical datum used by other North American countries such asCanada and Mexico and was established to replace NGVD because of constantmovement of the earth's crust, glacial rebound, and subsidence andthe increasing use of satellite technology.
    A school for children who are ineligible to attend kindergartenclasses as offered by either the public or private school systemsin the City. For the purposes of this chapter, a nursery school shallbe viewed as a day-care center.
    A facility which is operated in connection with a hospital,or in which nursing care and medical services are prescribed by orperformed under the general direction of persons licensed to practicemedicine or surgery in the state, for the accommodation of convalescentor other persons who are not acutely ill and not in need of hospitalcare, but who do require skilled nursing care and related medicalservices. The term "nursing home" or "nursing facility" is restrictedto those facilities, the purpose of which is to provide skilled nursingcare and related medical services for a period of not less than 24hours per day to individuals admitted because of illness, diseaseor physical or mental infirmity and which provides a community service.
    See "base flood."
    Land used for recreation, resource protection, amenity and/orbuffers. In no event shall any area of a lot constituting the minimumlot area of said lot nor any part of any existing or future road orright-of-way be counted as constituting open space.
    A ratio derived by dividing open space by the base site area.
    The nighttime illumination of an outside area or object byany man-made device located outdoors that produces light by any means.
    Any perennial or intermittent stream, as shown on the most-recent,highest-resolution version of the national hydrography dataset availablefrom the United States Geological Survey on the website of the UnitedStates Geological Survey or the national map, that flows from a freshwaterwetland.

    [Added 4-20-2017 by Ord.No. 17-067]

    A natural or landscaped area, buildings, or structures providedto meet the active or passive recreational needs of people and forthe preservation and exhibition of natural areas or settings. Examplesinclude but are not limited to wildlife sanctuaries, conservationareas, nature centers or preserves.


    A park provided by a unit of government.



    A park provided by a private entity.

    A parcel or area of land designed for the parking of motorvehicles.
    A space adequate for parking an automobile with room foropening doors on both sides, together with properly related accessto a public street or alley and maneuvering room.
    Any of the following:

    A full, poured concrete or masonry foundation;


    A poured concrete frost wall or a mortared masonry frost wall,with or without a concrete floor;


    A reinforced, floating concrete pad for which the City of Augustamay require an engineer's certification if it is to be placedon soil with high frost susceptibility; or


    Any foundation which, pursuant to the Building Code for theCity of Augusta, is permitted for other types of single-family dwellings.

    Any person, firm, or corporation receiving a permit fromthe City of Augusta.
    An individual, corporation, governmental agency, municipality,trust, estate, partnership, association, two or more individuals havinga joint or common interest, or other legal entity.
    Establishments primarily engaged in providing individualservices but not goods involving the care of a person or his or herpersonal goods and apparel. Examples include but are not limited tosalons/spas, massage facilities, tailor shops and clothing rentalservices, and other services, unless the use is defined elsewherein this chapter.
    A place where drugs and medicines are prepared and dispensed.Nonprescription medicines, personal care items, cosmetics, food supplements,medical care devices, and nonmedical supplies may also be sold. Apharmacy may include the sale of convenience retail items, not includinggasoline.


    [Amended 4-20-2017 by Ord. No. 17-067]



    Structures which remain in or over the water for less than seven months in any period of 12 consecutive months.



    Structures which remain in or over the water for seven months or more in any period of 12 consecutive months.

    A development in which clustering of units or uses permitsbetter land use practices to be employed. See "clustered residentialdevelopment."
    Land with or without the buildings and structures thereon.
    A structure other than one which is used for purposes whollyincidental or accessory to the use of another structure or use onthe same lot.

    [Amended 4-20-2017 by Ord. No. 17-067]

    A use other than one which is wholly incidental or accessoryto another use on the same lot.

    [Amended 4-20-2017 by Ord. No. 17-067]

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

    [Amended 4-20-2017 by Ord. No. 17-067]

    Facilities operated by public agencies to provide servicesrelating to the general health, safety, and welfare of the population,including but not limited to fire stations and other fire preventionand firefighting facilities; police and sheriff substations and headquarters,including interim incarceration facilities; and emergency responseservices.
    See "municipal or public utilities and communications facilities."
    Establishments primarily engaged in acting as agents and/orbrokers in one or more of the following: selling real estate for others;buying real estate for others; and renting real estate for others.
    The following soil series as described and identified bythe National Cooperative Soil Survey: Alluvial, Cornish, Charles,Fryeburg, Hadley, Limerick, Lovewell, Medomak, Ondawa, Podunk, Rumney,Saco, Suncook, Sunday, Winooski.
    A place designed and equipped for the conduct of indoor and/oroutdoor sports, leisure-time activities, and other customary and usualrecreational activities, excluding boat launching facilities.


    A recreation facility operated by a private organization and open only to members and guests.



    A recreation facility operated by a public organization and open to the general public.

    A vehicle or an attachment to a vehicle built on a singlechassis; 400 square feet or less when measured at the largest horizontalprojection, not including slideouts; designed to be self-propelledor towed and designed for temporary sleeping or living quarters forone or more persons, and which may include a pick-up camper, traveltrailer, tent trailer, camp trailer and motor home. In order to beconsidered as a vehicle and not as a structure, the unit must remainwith its tires on the ground and must be registered with the StateDivision of Motor Vehicles.

    [Amended 4-20-2017 by Ord. No. 17-067]

    A personal service use located and operated primarily forthe convenience of residents of a community or region and devotedto the collection (or redemption) and separation of household nonorganicwaste products for eventual reprocessing and recycling (off site)into new products for sale to the general public. Recycling centerswhich handle waste from business, commerce and industry are consideredwaste facilities. "Recycling center" does not include septage processingor composting facilities.



    The channel of a river or other watercourse and the adjacentland areas that must be reserved in order to discharge the one-hundred-yearflood without cumulatively increasing the water surface elevationmore than one foot in height; and

    [Amended 4-20-2017 by Ord. No. 17-067]


    In Zone A, the channel of a river or other watercourse and theadjacent land areas to a distance of 1/2 the width of the floodplainas measured from the normal high-water mark to the upland limit ofthe floodplain.

    A structure or place where persons regularly assemble forworship, ceremonies, rituals, education, and related social eventspertaining to a particular system of beliefs, and which structureor place, together with its accessory buildings and uses, is maintainedand controlled by a religious body organized to sustain religiousceremonies and purposes. “Religious activities” includes,but is not limited to, churches, religious temples, convents, monasteries,parsonages, rectories, religious camps and retreat sites.

    [Amended 4-20-2017 by Ord. No. 17-070]

    A system intended to replace:

    [Added 4-20-2017 by Ord.No. 17-067]


    An existing system which is either malfunctioning or being upgradedwith no significant change of design flow or use of the structure;or


    Any existing overboard wastewater discharge.

    A building or group of buildings in which are located facilitiesfor scientific research, investigation, testing, or experimentation,but not facilities for the manufacture or sale of products, exceptas incidental to the main purpose of the laboratory.
    See "dwelling unit."
    An establishment where food and/or beverages are prepared,served, and consumed.


    Restaurants where most customers order and are served their food at a counter or in a motor vehicle in packages prepared to leave the premises or able to be taken to a table or counter to be consumed.



    Restaurants where food and beverages are prepared, served, and consumed primarily within the principal building, and where table service rather than counter service is provided for ordering and serving the food. Standard restaurants also include cafeteria or buffet-style dining.

    The further division of an existing parcel within an approvedsubdivision or any change to the location of the lot lines therein,or the relocation of any street or lot line in a subdivision.
    Establishments engaged in the selling of goods or merchandisedirectly to the consumer and not for resale and in rendering servicesincidental to the sale of such goods.
    An establishment primarily engaged in selling food products,household items, newspapers and magazines, candy and beverages, anda limited amount of freshly prepared foods directly to the consumerfor off-premises consumption. Convenience stores may provide for gasolinerefueling facilities.
    A retail establishment specializing in the sale of medicalsupplies, including prescription and nonprescription drugs. Examplesinclude but are not limited to convalescent supply stores, food supplementstores, hearing aid stores, prosthetic stores, home health care supplystores, and sick room supply stores.
    Retail operations that specialize in one type or line ofmerchandise. Specialty retail does not include auto sales.
    A public or private strip of land of a specified width, ownedin fee or controlled by easement, which confers legally granted rightsof passage and is occupied or intended to be occupied by a street,crosswalk, railroad, road, utility, or other special use. A right-of-waywhich is controlled by easement shall be recorded in the KennebecCounty Registry of Deeds. Said easement on a private right-of-wayshall be required to permanently run with the land.
    Rocks, irregularly shaped, and at least six inches in diameter,used for erosion control and soil stabilization, typically used onground slopes of two units horizontal to one unit vertical or less.

    [Added 4-20-2017 by Ord.No. 17-067]

    A free-flowing body of water, including its associated floodplainwetlands from that point at which it provides drainage for a watershedof 25 square miles to its mouth.
    Relating to, formed by, or resembling a river (includingtributaries), stream, brook, etc.
    A public or private right-of-way, usually of a rural design,a route or track consisting of a bed of exposed mineral soil, gravel,asphalt, or other surfacing material constructed for or created bythe repeated passage of motorized vehicles, excluding a driveway asdefined.

    [Amended 4-20-2017 by Ord. No. 17-067]

    A building or group of attached or detached buildings containingthree or more rooms for occupancy for weekly or longer periods oftime with or without board, in which common kitchen or living facilitiesmay or may not be provided, as distinguished from hotels and touristhomes in which rentals are generally for daily or weekly periods andoccupancy is by transients. A rooming house may be operated for profitor by nonprofit agencies which do not require payment from occupants.Rooming house units shall not meet the definition of a "dwelling unit."For the purposes of computing density and parking requirements, tworooms shall equal one multifamily dwelling unit.

    [Amended 11-17-2017 by Ord. No. 16-185]

    Areas of coastal wetland (most often along coastal bays)that support salt-tolerant species and where, at average high tideduring the growing season, the soil is irregularly inundated by tidalwaters. The predominant species is saltmarsh cordgrass (Spartina alterniflora).More open areas often support widgeon grass, eelgrass, and Sago pondweed.

    [Added 4-20-2017 by Ord.No. 17-067]

    Areas of a coastal wetland that support salt-tolerant plantspecies bordering the landward side of salt marshes or open coastalwater, where the soil is saturated during the growing season but whichis rarely inundated by tidal water. Indigenous plant species includesalt meadow cordgrass (Spartina patens) and black rush; common threesquareoccurs in fresher areas.

    [Added 4-20-2017 by Ord.No. 17-067]

    A tree species with a trunk that is less than two inchesin diameter at 4.5 feet above ground level.

    [Added 4-20-2017 by Ord.No. 17-067]

    A use of land or structures designed and arranged to be usedfor less than 10 months in the year.
    The deposition of soil particles that have been transportedfrom their site of origin by water, ice, wind, gravity, or other naturalmeans.
    A young tree species that is less than 4.5 feet in heightabove ground level.

    [Added 4-20-2017 by Ord.No. 17-067]

    Establishments primarily engaged in operating facilitieswith coin-operated or similar self-service laundry equipment for customeruse on the premises.
    A building or group of buildings containing separate, individual,and private storage spaces of varying sizes available for lease orrent for varying periods of time where clients retain a key and canindependently store and retrieve their goods.
    Establishments primarily engaged in providing assistance,as opposed to products, to individuals, business, industry, government,and other enterprises. The sale of goods is permitted only when incidentalto the providing of services. Examples of services include but arenot limited to miscellaneous repair services (excluding automotiverepair/services); parking services; rental services; animal boarding/ridingservices; motion-picture services; amusement and recreation servicessuch as bowling centers, miniature golf courses, pool rooms, and campgrounds;cultural services such as art galleries and botanical and zoologicalgardens; and other service uses not specifically classified in theTable of Land Uses in the Base Zoning Districts.

    [Amended 5-7-2015 by Ord.No. 15-070]

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

    [Added 4-20-2017 by Ord.No. 17-067]


    In the case of electric service:


    The placement of wires and/or the installation of utility polesis located entirely upon the premises of the customer requesting serviceor upon a roadway right-of-way; and


    The total length of the extension is less than 1,000 feet.


    In the case of telephone service:


    The extension, regardless of length, will be made by the installationof telephone wires to existing utility poles; or


    The extension requiring the installation of new utility polesor placement underground is less than 1,000 feet in length.

    See "automobile business."
    The nearest horizontal distance from a lot line or normalhigh-water line of a water body or tributary stream, or upland edgeof a wetland, to the nearest part of a structure, road, parking spaceor other regulated object or area.

    [Amended 4-20-2017 by Ord. No. 17-067]

    A social services facility providing temporary overnightshelter in a dormitory-style or per-bed arrangement.

    [Added 11-17-2017 by Ord.No. 16-186]

    Establishments primarily engaged in repairing footwear withoutretailing new footwear.
    A group of commercial establishments planned, developed,and managed as a unit.
    The length of a lot bordering on a water body or a wetlandmeasured in a straight line between the intersections of the sidelot lines with the shoreline.

    [Amended 4-20-2017 by Ord. No. 17-067]

    The land located within 250 feet, horizontal distance, ofthe normal high-water line of any great pond or river; within 250feet, horizontal distance, of the upland edge of a coastal wetland,including all areas affected by tidal action; within 250 feet of theupland edge of a freshwater wetland; or within 75 feet of the normalhigh-water line of a stream.

    [Amended 4-20-2017 by Ord. No. 17-067]

    The normal high-water line or upland edge of a freshwateror coastal wetland.

    [Added 4-20-2017 by Ord.No. 17-067]

    Any structure, device, letter, banner, symbol or other representationwhich is used or is in the nature of an advertisement, announcementor direction. "Sign" includes permanent, portable, temporary or mobile(including vehicular signs) signs. "Attached signs" includes thosethat are permanently attached to a building and supported entirelyfrom it, including those which are mounted flat against a wall andthose that are constructed without attachment to a building and arefreestanding. "Sign" includes the full sign assembly, including base,poles and other mounting hardware, and message board. Murals paintedfor the purposes of art or architectural enhancement and containingno advertisement, announcement, or direction shall be excluded fromregulation.
    See 38 M.R.S.A. §437. Note: No significant riversegments exist in Augusta.

    [Amended 4-20-2017 by Ord. No. 17-067]

    A self-contained dwelling unit that provides ambulatory independentliving for one resident per unit. Each SRO unit shall be a minimumof 150 square feet in size and a maximum of 375 square feet for non-handicapped-accessibleunits (or 425 square feet for handicapped-accessible units). Eachunit may provide kitchenettes and private bathroom facilities in eachunit and/or shared common bathrooms and kitchens. Multiple-familydwellings that incorporate multiple SRO dwelling units may include,but are not required to include, common gathering spaces for residents,program spaces, office space, and common laundry facilities.
    Any distillery, brewery or bakery, with or without an associatedrestaurant or retail component, that occupies less than 5,000 squarefeet of floor space. Any retail element must be primarily for thesale of the product being produced on site.

    [Added 10-16-2014 by Ord.No. 14-178]

    Establishments primarily engaged in providing nonresidentialindividual and family social assistance services to advance the welfareof citizens in need. A social service may include the following accessoryuses: office, medical office, or clinic uses; vocational or tradetraining; supporting personal services; or a food and goods distributionfacility.
    A system for transforming solar energy into another formof energy either for electrical or heat generation purposes. Systemsare considered structures and subject to building height and setbackstandards, and may be further regulated in Historic Districts. Threedefined sizes are based on the perimeter boundary of all the structuresof the system, including space between rows of structures.

    [Added 2-21-2019 by Ord. No. 19-024]



    A system smaller than 1,500 square feet.



    A system 1,500 square feet to less than 15,000 square feet.



    A system 15,000 square feet or larger.

    A use which would not generally be appropriate in a particularzoning district, but which, as determined by a two-thirds majorityof the Planning Board, if specifically designed to be compatible withboth the adjacent physical neighborhood and is designed to advancethe purposes of the particular zoning district being contemplated,would support the public safety, health, convenience, and welfareof that district. A special exception for a particular use shall beallowed in a district only if the regulations for that district specificallyallow that use and only when the Planning Board finds that such usemeets all of the requirements applicable to it as specified in thischapter.
    See "area of special flood hazard."
    A facility that dispenses methadone or medical marijuanato patients. A medical marijuana dispensary may also grow and processthe product at the same facility. Typical accessory uses for a medicalmarijuana dispensary or grow facility may include, but are not limitedto, counseling services associated with the medical conditions beingtreated with medical marijuana, processing and cooking facilitiesfor preparing the marijuana, other treatments for the medical conditionbeing treated with marijuana. In all cases, accessory uses must remainsecondary, individually and in aggregate, to the primary use.
    A retail operation specializing in a specific type or classof foods, such as an appetizer store; bakery; butcher; delicatessen;fish shop; gourmet shop; or foods associated with a particular nationality,religious observance, dietary practices, or cuisine.
    A facility for the custom reproduction of written or graphicmaterials on a custom order basis for individuals or businesses. Typicalprocesses include, but are not limited to, photocopying, blueprint,and facsimile sending and receiving, and including offset printing.
    The date the building permit was issued, provided the actualstart of floodplain construction, repair, reconstruction, rehabilitation,addition, placement, substantial improvement or other improvementwas within 180 days of the permit date. The "actual start" means eitherthe first placement of permanent construction of a structure on asite, such as the pouring of slab or footings, the installation ofpiles, the construction of columns, or any work beyond the stage ofexcavation, or the placement of a manufactured home on a foundation.Permanent construction does not include land preparation, such asclearing, grading and filling, nor does it include the installationof 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 accessorybuildings, such as garages or sheds not occupied as dwelling unitsor not part of the main structure. For a substantial improvement,the "actual start of floodplain construction" means the first alterationof any wall, ceiling, floor, or other structural part of a building,or modification of any construction element, whether or not that alterationaffects the external dimensions of the building.
    Land area where the inclination of the land's surfacefrom the horizontal is 15% or greater. See "sustained slope."
    A tree that has been uprooted, blown down, is lying on theground, or that remains standing and is damaged beyond the point ofrecovery as the result of a storm event.

    [Added 4-20-2017 by Ord.No. 17-067]

    The waters derived from rains falling within a tributarydrainage basin, flowing over the surface of the ground or collectedin channels, watercourses or conduits.
    A free-flowing body of water from the outlet of a great pondor the confluence of two perennial streams, as depicted on the most-recent,highest-resolution version of the national hydrography dataset availablefrom the United States Geological Survey on the website of the UnitedStates Geological Survey (http://nhd.usgs.gov) or the national map,to the point where the stream meets the shoreland zone of anotherwater body or wetland. When a stream meets the shoreland zone of awater body or wetland and a channel forms downstream of the waterbody or wetland as an outlet, that channel is also a stream. Intermittentstreams run six months or less during any twelve-month period. See"tributary stream."

    [Amended 4-20-2017 by Ord. No. 17-067]

    For the purposes of this chapter and for determining minimumroad frontage requirements, a street is considered to be any publicor private right-of-way of a specified width, or a right-of-way shownon a recordable subdivision plan approved by the Planning Board. Approvalof a private right-of-way meeting minimum road frontage requirementsshall in no way be construed to imply acceptance by the City of Augustafor purposes of maintenance, improvements or other City services.
    The right-of-way line of a street.


    [Amended 4-20-2017 by Ord. No. 17-067]


    Anything temporarily or permanently located, built, constructedor erected for the support, shelter or enclosure of persons, animals,goods or property of any kind, together with anything constructedor erected on or in the ground, exclusive of fences, poles and wiringand other aerial equipment normally associated with service drops,including guy wires and guy anchors, subsurface wastewater disposalsystems as defined in M.R.S.A. Title 30-A, §4201, Subsection5, geothermal heat exchange wells as defined in M.R.S.A. Title 32, §4700-E,Subsection 3-C, or wells or water wells as defined in M.R.S.A. Title32, §4700-E, Subsection 8, sidewalks and handicap ramps.The term includes structures permanently or temporarily located, suchas decks, patios, signs, gas or liquid storage tanks that are principallystored above ground, and satellite dishes.


    Any structure having a roof supported by columns or walls.


    Buildings separated only by party walls or abutting walls withoutopenings shall be deemed to be separate buildings.


    For floodplain purposes, "structure" means a walled and roofedbuilding and includes a gas or liquid storage tank that is principallyabove ground.

    The division of a tract or parcel of land into three or morelots within any five-year period that begins on or after September23, 1971. This definition applies whether the division is accomplishedby sale, lease, development, buildings or otherwise. The term "subdivision"also includes the division of a new structure or structures on a tractor parcel of land into three or more dwelling units within a five-yearperiod, the construction or placement of three or more dwelling unitson a single tract or parcel of land and the division of an existingstructure or structures previously used for commercial or industrialuse into three or more dwelling units within a five-year period.

    In determining whether a tract or parcel of land is dividedinto three or more lots, the first dividing of the tract or parcelis considered to create the first two lots and the next dividing ofeither of these first two lots, by whomever accomplished, is consideredto create a third lot, unless both dividings are accomplished by asubdivider who has retained one of the lots for the subdivider'sown use as a single-family residence that has been the subdivider'sprincipal residence for a period of at least five years immediatelypreceding the second division; or the division of the tract or parcelis otherwise exempt under this subchapter.


    The dividing of a tract or parcel of land and the lot or lotsso made, which dividing or lots when made are not subject to thissubchapter, do not become subject to this subchapter by the subsequentdividing of that tract or parcel of land or any portion of that tractor parcel. The municipal reviewing authority shall consider the existenceof the previously created lot or lots in reviewing a proposed subdivisioncreated by a subsequent dividing.


    A lot of 40 or more acres must be counted as a lot, except whena municipality has, by ordinance, or the municipal reviewing authorityhas, by regulation, elected not to count lots of 40 or more acresas lots for the purposes of this subchapter when the parcel of landbeing divided is located entirely outside any shoreland area as definedin 38 M.R.S.A. §435 or a municipality's shorelandzoning ordinance.


    A division accomplished by devise, condemnation, order of court,gift to a person related to the donor of an interest in property heldby the donor for a continuous period of five years prior to the divisionby gift, or gift to a municipality if that municipality accepts thegift does not create a lot or lots for the purposes of this definition,unless the intent of the transferor is to avoid the objectives ofthis subchapter. If the real estate exempt under this subsection istransferred within five years to another person not related to thedonor of the exempt real estate as provided in this subsection, thenthe previously exempt division creates a lot or lots for the purposesof this definition. "Person related to the donor" means a spouse,parent, grandparent, brother, sister, child or grandchild relatedby blood, marriage or adoption. A gift under this subsection cannotbe given for consideration that is more than 1/2 the assessed valueof the real estate.


    A division accomplished by the transfer of any interest in landto the owners of land abutting that land that does not create a separatelot does not create a lot or lots for the purposes of this definition,unless the intent of the transferor is to avoid the objectives ofthis subchapter. If the real estate exempt under this subsection istransferred within five years to another person without all of themerged land, then the previously exempt division creates a lot orlots for the purposes of this definition.


    A division accomplished by the transfer of any interest in landto the owners of land abutting that land that does not create a separatelot does not create a lot or lots for the purposes of this definition,unless the intent of the transferor is to avoid the objectives ofthis subchapter. If the real estate exempt under this subsection istransferred within five years to another person without all of themerged land, then the previously exempt division creates a lot orlots for the purposes of this definition.


    In determining the number of dwelling units in a structure,the provisions of this definition regarding the determination of thenumber of lots apply, including exemptions from the definition ofa "subdivision of land."


    Notwithstanding the provisions of this definition, leased dwellingunits are not subject to subdivision review if the municipal reviewingauthority has determined that the units are otherwise subject to municipalreview at least as stringent as that required under this subchapter.


    This subchapter may not be construed to prevent a municipalityfrom enacting an ordinance under its home rule authority that expandsthe definition of "subdivision" to include the division of a structurefor commercial or industrial use; or otherwise regulates land useactivities. A municipality may not enact an ordinance that expandsthe definition of "subdivision" except as provided in this subchapter.A municipality that has a definition of "subdivision" that conflictswith the requirements of this subsection at the time this subsectiontakes effect shall comply with this subsection no later than January1, 2006. Such a municipality must file its conflicting definitionat the county registry of deeds by June 30, 2003, for the definitionto remain valid for the grace period ending January 1, 2006. A filingrequired under this subsection must be collected and indexed in aseparate book in the registry of deeds for the county in which themunicipality is located.


    The grant of a bona fide security interest in an entire lot that has been exempted from the definition of "subdivision" under Subsections D and E, 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 this subchapter.

    Any subdivision involving the development of a street. Amajor subdivision shall also include those developments which createsix or more lots or units, whether on an existing street or on orwithin a proposed street or street system.
    Any subdivision not involving the development of a streetand involving the creation of fewer than six lots or units.
    Damage of any origin sustained by a structure whereby thecost of restoring the structure to its before-damaged condition wouldequal or exceed 50% of the market value of the structure before thedamage occurred.
    Any reconstruction, rehabilitation, addition, or other improvementof a structure, the cost of which equals 50% of the market value ofthe 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:

    Any project for improvement of a structure to correct existingviolations of state or local health, sanitary, or safety code specificationswhich have been identified by the local code enforcement officialand which are the minimum necessary to assure safe living conditions;or


    Any alteration of an historic structure, provided that the alterationwill not preclude the structure's continued designation as anhistoric structure.

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

    [Added 4-20-2017 by Ord.No. 17-067]

    Any system designed to dispose of waste or wastewater onor beneath the surface of the earth; includes, but is not limitedto: septic tanks; disposal fields; grandfathered cesspools; holdingtanks; pretreatment filter, piping, or any other fixture, mechanism,or apparatus used for those purposes; does not include: any dischargesystem licensed under 38 M.R.S.A. §414, any surface wastewaterdisposal system, or any municipal or quasi-municipal sewer or wastewatertreatment system. The term shall not include a wastewater disposalsystem designed to treat wastewater which is in whole or in part hazardouswaste as defined in 38 M.R.S.A. Chapter 13, Subchapter 1.

    [Amended 4-20-2017 by Ord. No. 17-067]

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

    [Added 4-20-2017 by Ord.No. 17-067]

    Establishments primarily engaged in providing local and suburbanpassenger transportation. Taxi services utilize cars, trucks, or vansand are generally not operated over regular routes and on regularschedules; establishments of taxicab owner/operators, taxicab fleetoperators, or taxicab organizations are included in this industry.Buses are generally operated over regular routes and on regular scheduleswithin a metropolitan area and adjacent nonurban areas.
    City of Augusta Technical Standards Handbook maintained bythe City of Augusta City Services Department.
    A mobile home, travel trailer, truck trailer, or other structureused as temporary offices to meet a short-term need.
    The specific illumination of an outside area or object byany man-made device located outdoors that produces light by any meansfor a period of less than seven days, with at least 180 days passingbefore being used again.
    All waters affected by tidal action during the highest annualtide.

    [Added 4-20-2017 by Ord.No. 17-067]

    The cutting and removal of timber for the primary purpose of selling or processing forest products. Timber harvesting does not include the cutting or removal of vegetation within the shoreland zone when associated with any other land use activities. 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 §300-528C, Clearing or removal of vegetation for activities other than timber harvesting.

    [Amended 4-20-2017 by Ord. No. 17-067]

    A building or group of attached or detached buildings containingin combination three to 16 lodging and/or dwelling units for occupancyfor daily or weekly periods, with or without board, and primarilyfor occupancy by transients, as distinguished from multiple dwellingsand rooming houses in which the occupancy is primarily by residentsrather than transients. A tourist home is not owner-occupied. See"bed-and-breakfast"; see "hotel."
    All contiguous land in the same ownership, provided thatlands located on opposite sides of a public or private road are consideredeach a separate tract or parcel of land unless the road was establishedby the owner of land on both sides of the road.
    A woody perennial plant with a well-defined trunk(s) at leasttwo inches in diameter at 4.5 feet above the ground, with a more orless definite crown, and reaching a height of at least 10 feet atmaturity.

    [Added 4-20-2017 by Ord.No. 17-067]

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

    [Amended 4-20-2017 by Ord. No. 17-067]

    A structure or land primarily used for the temporary storageand maintenance of motor transport carriers. Truck terminals may alsobe used for the temporary storage of goods awaiting transfer or wholesaledistribution by means of motor carrier transportation.
    The boundary between upland and wetland. For purposes ofa coastal wetland, this boundary is the line formed by the landwardlimits of the salt-tolerant vegetation and/or the highest annual tidelevel, including all areas affected by tidal action. For purposesof a freshwater wetland, the upland edge is formed where the soilsare not saturated for a duration sufficient to support wetland vegetation;or where the soils support the growth of wetland vegetation but suchvegetation is dominated by woody stems that are six meters (approximately20 feet) tall or taller.

    [Amended 4-20-2017 by Ord. No. 17-067]

    The purpose for which land or a building or structure ora part thereof is arranged, designed, intended or occupied.
    For the purposes of this chapter, means a grant of reliefby the Board of Zoning Appeals:

    From the terms of a floodplain management regulation; or


    From any dimensional requirement of this chapter, in accordancewith 30-A M.R.S.A. §4353, Subsection 4.

    All live trees, shrubs, and other plants, including, withoutlimitation, trees both over and under four inches in diameter measuredat 4.5 feet above ground level.

    [Amended 4-20-2017 by Ord. No. 17-067]

    Any building or portion of a building designed or used forthe care, observation, or treatment of animals. Any facility maintainedby or for the use of a licensed veterinarian in the diagnosis, treatment,or prevention of animal diseases. A veterinary facility is not a boardingfacility.
    The failure of a structure, use or other development to fullycomply with the regulations found in this chapter.
    Establishments primarily engaged in operating long-term merchandiseand goods storage facilities wherein those goods and merchandise willprimarily be used off site. These establishments generally handlegoods in containers, such as boxes, barrels, and/or drums, using equipment,such as forklifts, pallets, and racks. They are not specialized inhandling bulk products of any particular type, size, or quantity ofgoods or products.
    Any land area, structure, location, equipment, or combination of them, including dumps and landfills, used for handling hazardous or solid waste, sludge, or septage; composting facilities; recycling centers for waste from business, commercial and industrial uses. Tire processing uses and junkyards are also considered waste facilities. A land area shall not become a waste facility solely because it is used by its owner for disposing of septage from the owner's residence. See §300-526.

    CLASS 1

    Includes recycling centers (as defined); and paper, cardboard, glass, and metals recycling for business, commerce, and industry.


    CLASS 2

    Includes composting facilities; junkyards; landfills; waste to energy plants; septage handling facilities; tire processing and storage facilities; and hazardous waste handling facilities.

    Any great pond, river or stream.

    [Amended 4-20-2017 by Ord. No. 17-067]

    Any project extending from one bank to the opposite bankof a river, stream, tributary stream, or wetland, whether under, through,or over the water or wetland. Such projects include, but may not belimited to, roads, fords, bridges, culverts, water lines, sewer lines,and cables as well as maintenance work on these crossings. This definitionincludes crossings for timber harvesting equipment and related activities.

    [Added 4-20-2017 by Ord.No. 17-067]

    A channel, drainageway, stream, brook. Any defined area ofland conveying surface water or runoff. A watercourse may be intermittentor perennial (perennial = greater than six months in any twelve-monthperiod).
    A freshwater or coastal wetland. See “freshwater wetlands”or “coastal wetland.”

    [Added 4-20-2017 by Ord.No. 17-067]

    Establishments primarily engaged in selling and/or distributingmerchandise to retailers; industrial, commercial, institutional, orprofessional business users; or to other wholesalers; or acting asagents or brokers and buying merchandise for, or selling merchandiseto, such individuals or companies.
    Live trees or woody, nonherbaceous shrubs.

    [Added 4-20-2017 by Ord.No. 17-067]

    A yard adjoining the front lot line, extending between theprincipal structure and the street.
    A yard adjoining the rear lot line and extending betweenthe rear lot line and the principal structure.
    A yard adjoining a side lot line extending from the frontlot line to the rear lot line as required by district regulations.

    Editor's Note: The Table of Land Uses is included as an attachmentto this chapter.

    Editor's Note: the definition of "forest management activities,"which immediately followed this definition, was repealed 4-20-2017by Ord. No. 17-067.

    Editor's Note: Now known as the "Natural Resources ConservationService" or "NRCS."

    Editor's Note: The definition of Maine Erosion and SedimentationControl Handbook for Construction, which immediately followed thisdefinition, was repealed 4-20-2017 by Ord. No. 17-067.

    Editor's Note: The Table of Land Uses is included as an attachmentto this chapter.

    Editor's Note: In this definition, "this subchapter" is referringto 30-A M.R.S.A. §§4401 to 4408.

    Editor's Note: The definitions of "wetland associated withgreat ponds and rivers" and "wetland (freshwater)," which immediatelyfollowed this definition, were repealed 4-20-2017 by Ord. No. 17-067.

Amended 1-21-1992 by Ord. No. 303; 2-17-1993 by Ord. No. 26; 6-20-1994 by Ord. No. 546; 4-23-2001 by Ord. No. 37; 5-6-2002 by Ord. No. 210; 10-7-2002 by Ord. No. 281; 8-25-2003 by Ord. No. 100; 10-16-2006 by Ord. No. 170; 2-20-2007 by Ord. No. 027; 2-20-2007 by Ord. No. 028; 6-4-2007 by Ord. No. 109; 2-5-2009 by Ord. No. 016; 6-3-2010 by Ord. No. 084A; 2-3-1011 by Ord. No. 11-019; 6-16-2011 by Ord. No. 11-71; 12-1-2011 by Ord. No. 166


What is a zoning ordinance quizlet? ›

Zoning Ordinance. A local legal measure which embodies regulations affecting land use.

What is a zoning ordinance and why are they used quizlet? ›

Zoning ordinances are local regulations that control the use and development of land. These ordinances group buildings together into zoning districts in order to separate incompatible uses and promote cohesive city planning.

What are local zoning codes? ›

Zoning codes are a set of rules that regulate what can and can't be done on a particular piece of property. They're established and enforced at the city level.

What is an example of zoning? ›

Zoning allows local governments to regulate which areas under their jurisdiction may have real estate or land used for particular purposes. Examples of zoning classifications include residential, commercial, agricultural, industrial, or hotel/hospitality, among other more specific designations.

What is the purpose of local zoning ordinances? ›

The zoning ordinance divides the city or county into land use districts or "zones", represented on zoning maps, and specifies the allowable uses within each of those zones. It establishes development standards for each zone, such as minimum lot size, maximum height of structures, building setbacks, and yard size.

What are zoning ordinances primarily intended to do? ›

Zoning ordinances detail whether specific geographic zones are acceptable for residential or commercial purposes. Zoning ordinances may also regulate lot size, placement, density, architectural style, and the height of structures.

What factors do zoning ordinances often apply to quizlet? ›

Correct! Zoning ordinances frequently control building size, height and density.

Which of these is an example of a zoning ordinance? ›

Which of these is an example of a zoning ordinance? A town allows only residential buildings in a certain area.

How can an owner of property protect against a mechanic's lien for unauthorized work by filing? ›

Some states give extra protection to property owners who file a Notice of Completion. This notice informs all of the parties with mechanics lien rights of the project completion. In addition, the Notice of Completion reduces the deadline for unpaid parties to file a mechanics lien.

What does Lara zoning mean? ›

The Los Angeles Regional Agency (LARA) is a consortium of 18 large and small member cities in Los Angeles County.

What does LCA21 zoning mean? ›

Most recent zoning code for LCA21* indicates LA county, agricultural 2 acre lots per structure.

What is local building codes in real estate? ›

A building code is a set of regulations written by city or county officials with the help of construction pros that governs the design, construction and modification of commercial buildings, homes and other structures in the jurisdiction.

What does zoning mean at Walmart? ›

In the retail industry, facing (also known as blocking, zoning or levelling) is the practice of pulling products forward to the front of the display or shelf on which they are placed, typically with the items' labels facing forward.

What is the most common type of zoning in the United States? ›

Residential zoning is the most common type of zoning. Residential zones allow single family homes and small businesses to be located in residential areas, allowing for a more intimate living environment.

What does zoning out mean? ›

: not thinking clearly or paying attention to what is happening around you because you are tired, drugged, etc.

What is the greatest power the government has to affect the value of real property? ›

This is known as the government's power of eminent domain. But as a property owner, you have property rights. The government can't simply take your home and land. It must offer you just compensation for your property.

What are the disadvantages of zoning? ›

Zoning requires that all involved property owners relinquish some of their individual property freedoms for the common good. Zoning can discourage some development in some locations. Zoning can increase the cost of building new structures. Zoning can work against historic mixed use neighborhoods in older communities.

How do local government control land use? ›

States typically grant them the authority to pass ordinances and regulations as long as they do not conflict with other laws. Furthermore, all states give municipalities the power to enact zoning regulations. In 15 states, state legislation also requires municipalities to adopt a Comprehensive Plan.

What is a landowner wishing to deviate slightly from existing zoning codes would ask for? ›

A variance is a request by a property owner to deviate from current zoning laws for any number of reasons.

What are special assessments levied against a property for local improvements? ›

What Is a Special Assessment Tax? A special assessment tax is a surtax levied on property owners to pay for specific local infrastructure projects such as the construction or maintenance of roads or sewer lines. The tax is charged only to the owners of property in the neighborhood that will benefit from the project.

What is a strip of land that separates one land use from another called? ›

A buffer zone is a strip of land separating one land use from another.

Which of the following is an example of a deed restriction? ›

Deed restrictions are clauses on your home's deed that limit how you can use your property. A deed restriction might say you can't build a shed in your yard or own a certain breed of dog. Deed restrictions can come from an HOA, the builder of the home or a local governing body.

What is a use that is not permitted by the current zoning ordinances referred to? ›

A nonconforming use is a use of property that was allowed under the zoning regulations at the time the use was established but which, because of subsequent changes in those regulations, is no longer a permitted use.

Who determines zoning laws in the United States? ›

Zoning laws are almost always enacted and enforced by local, and not statewide or nationwide, authorities. City governments, town governments, village governments and the like are merely functions of the state government. They derive all of their authority from the states in which they reside.

What are the three most common zoning designations? ›

The most prevalent form of zoning is where land use zones are defined according to their function, such as commercial, residential, or industrial. Each zone type is subject to specific rules and regulations concerning the type of activities built.

How do I find local zoning laws? ›

Zoning laws are typically controlled at the local level, so check with your department of city planning, or similar office, to find out about the zoning laws in your area.

What is land use zoning in the United States? ›

Typical types of land-use districts in Euclidean zoning are: residential, commercial, and industrial. Uses within each district are usually heavily prescribed to exclude other types of uses (residential districts typically disallow commercial or industrial uses).

What is a lien that is created intentionally by the property owners action? ›

A voluntary lien is created intentionally by the property owner's action, such as when someone takes out a mortgage loan. Not a matter of choice; it is created by law or court. It may be either statutory or equitable.

What is a lien imposed against property without consent of the owner known as? ›

Involuntary Lien: A lien imposed against property without consent of the owner. Taxes, special assessments, federal income tax liens, and State tax liens are examples of involuntary liens.

Can a homeowner put a lien on a contractor in Florida? ›

Contractors, laborers, materials suppliers, subcontractors and professionals such as architects, landscape architects, interior designers, engineers or land surveyors all have the right to file a claim of lien for work or materials. Always require a release of lien from anyone who does work on your home.

What is LAR1? ›

LAR1 ('Lichen-Associated Rhizobiales 1') refers to a specific bacterial lineage in the order Hyphomicrobiales (formerly Rhizobiales) that has most frequently been found directly in association with lichens.

What does zoning LAR2 mean? ›

LAR2 is for SFR or two unit properties.

How do you calculate far? ›

FAR is expressed as a decimal number, and is derived by dividing the total area of the building by the total area of the parcel (building area ÷ lot area).

What does RE11 zoning mean? ›

There are 5 RE zones, RE9, RE11, RE15, RE20, and RE40, with the number corresponding to the minimum lot size in thousands of square feet. For example, RE11 requires 11,000 SF minimum lots. All of the single-family zones in LA require a minimum of 2 covered parking spaces.

What does LCA12 zoning mean? ›

Located in Los Angeles County, California, USA

ZONING is LCA12. LC means Los Angeles County, The "2" means 2 acre mimimun lot size.

What is zoning of spaces in a house? ›

Zoning is the grouping of spaces or sub-parts of spaces such that the resulting spatial layout is logical from a disciplinary perspective.

What is the 25 window rule in Florida? ›

If more than 25% of the windows and/or doors in a pre-Florida Building Code home are being replaced and the windows/doors are NOT impact glass, the windows/doors are required to have opening protection (such as shutters).

What state has the strictest building codes? ›

Even if you don't live in California, you're going to want to pay attention to a law that just passed there. It seems that whatever happens in California eventually makes its way to the rest of the country — and in this case, probably everywhere else as well.

What is a code property? ›

The CodeProperty object represents a property and determines how properties are defined in the various languages. For example, in Visual Basic, if you have two separate functions, one for getting a value and one for putting it, together they form a property.

What are Walmart employees called? ›

Our merchandising & stocking associates connect all of the dots to make sure members can find everything they have on their shopping list. From every day needs to special occasions, members need you, as their mini tour guide, to take them that special product.

What is stocking and unloading at Walmart? ›

What you'll do. Stocking, backroom, and receiving associates work to ensure customers can find all the items they have on their shopping list. Depending on the shift you work, your job could include moving inventory in the backroom, unloading trucks, or helping customers while stocking shelves.

What does a backroom supervisor do at Walmart? ›

Helps ensure the proper execution of the customer inventory flow process, the maintenance of backroom standards, the unloading of trucks, the correct processing of freight, and that the backroom is ready for incoming freight.

What cities in the US have no zoning laws? ›

Houston is the only major city in the U.S. without zoning ordinances. It has never had zoning ordinances. You might assume that the situation would be pretty horrible there as a result. You'd expect to find a high rise in a small neighborhood of single family homes, towering over them and blotting out the sun.

What is the only major US city with no zoning? ›

As the fourth largest city in the nation, Houston is the only major U.S. city that doesn't have a zoning ordinance.

Who is considered the father of zoning? ›

1916 Nation's first comprehensive zoning resolution adopted by New York City Board of Estimates under the leadership of George McAneny and Edward Bassett, known as the "Father of Zoning."

Can you get stuck zoning out? ›

Nearly everyone zones out from time to time. It might happen more frequently when you feel bored or stressed, or when you'd rather be doing something else. It's also pretty common to experience prolonged spaciness or brain fog if you're dealing with grief, a painful breakup, or other difficult life circumstances.

Does zoning out mean you have ADHD? ›

Zoning out is one of the more common warning signs of ADHD in both children and adults. Zoning out in conversations with family, or meetings at work are a reflection of attention issues, which is a leading sign in the diagnosis of ADHD.

What is a zoning ordinance AP Human Geography? ›

Zoning ordinance. A law that limits the permitted uses of land and maximum density of development in a community.

What is an ordinance quizlet? ›

Ordinance. A county or city law.

What was the land ordinance quizlet? ›

The Land Ordinance of 1785 set up a system for settling the Northwest Territory. The law called for the territory to be surveyed and divided into townships. Each township would then be further divided into 36 sections of 1 square mile each. Congress planned to sell sections to settlers for $640 apiece.

How long is the AP Human exam? ›

Questions are delivered across two sections, in multiple-choice and free-response format: Section I: 60 Multiple-Choice Questions (60 Minutes) Section II: 3 Free-Response Questions (75 Minutes)

Why do cities have codes? ›

Your city's zoning code is like the DNA of your community. It provides the rules that govern where buildings can be built, how tall they can be, how far from the street and neighboring properties, and so on.

What is an example of CBD in AP Human Geography? ›

Ap Human Geography : Example Question #1

The central business district (CBD) is where a large amount of businesses are located. In the concentric zone model, it is located in the center of the city. Houses and apartments are less common in the CBD and tend to be more prevalent outside of it.

What are 2 examples of ordinance? ›

Examples of ordinances would be those related to noise, snow removal, pet restrictions, and building and zoning regulations, to name a few.

Why is it called ordinance? ›

Etymology. From Middle English ordinaunce (ca. 1300), from Old French ordenance (“decree, command”) (modern French ordonnance), from Medieval Latin ordinantia, from ordinans, the present participle of ordino (“put in order”) (whence ordain).

What law is an ordinance? ›

Ordinances are written laws adopted by the municipal governing authority that serve as permanent, enforceable laws (unless amended or repealed through the adoption of a new ordinance).

What is the legal definition of a front yard? ›

(1) Front yard shall mean an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.

Where in the US is there no zoning laws? ›

Houston is the only big American city without zoning. Some people argue that Houston is effectively zoned, as many neighborhoods have deed restrictions that limit development.

What name is given to the board who determines how land in a city or town will be used? ›

The local legislature is authorized to designate the planning board, the zoning board of appeals or other administrative agency to hear and decide upon applications for these land use proposals.

What is the U.S. Land Ordinance? ›

The Land Ordinance of 1785, enacted by the Confederation Congress, defined how ownership of the vast lands in the Northwest Territory would be legally transferred from the federal government to states and individual landowners.

What was the first land ordinance? ›

The Northwest Ordinance chartered a government for the Northwest Territory, provided a method for admitting new states to the Union from the territory, and listed a bill of rights guaranteed in the territory.

Why was the land ordinance? ›

The Land Ordinance of 1785 was passed by the U.S. Congress under the Articles of Confederation. It laid out the process by which lands west of the Appalachian Mountains were to be surveyed and sold. The method of creating townships and sections within townships was used for all U.S. land after 1785.


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