ARTICLE 2

DEFINITIONS

 

Word Usage

 

In this Ordinance, certain terms or words shall be interpreted as follows:  the singular may be taken for the plural and the plural for the singular; "person" may include an association, a partnership, a corporation or other entity; the present tense includes the future; the word "building" includes the word "structure"; the word "lot" includes the word plot; and the word "shall" is mandatory.

 

In case of any difference in meaning or implication between the text of this Ordinance and any map or illustration, the text shall control.  Terms not defined shall have their customary meaning.  For the purpose of this Ordinance and the Casco Subdivision Ordinance, the terms and words listed below shall be specifically interpreted or defined as follows:

 

All definitions for uses that have performance standards should state so in the definition.

 

Abutter ‑ The owner of a property sharing a common boundary with or within 500 feet of a given piece of property, whether or not these properties are separated by a public or private way.  For the purposes of this Ordinance, the owners of properties shall be considered to be parties listed by the Tax Assessor of Casco as the ones against whom taxes are assessed.

 

Accessory Apartment - A separate single residence located within and subordinate to a single-family dwelling which meets and maintains the performance standards contained in this Ordinance. (Add to standards: if greater than 600 s.f, is treated like a duplex.)

 

Accessory Use or Structure ‑ A use or structure which is incidental and subordinate to the principal use or structure.  Accessory uses, when aggregated shall not subordinate the principal use of the lot.  A deck or similar extension of the principal structure or a garage attached to the principal structure by a roof or a common wall is considered part of the principal structure.  Where an accessory building is attached in a substantial manner by a wall to a principal building or structure, it shall be considered a part of said principal structure or building.  Accessory structures shall conform to the space standards of each district. (Correct name? See List of Uses.)

 

Activity ‑ The specific use or uses to which premises are put.

 

Adult Entertainment Establishment  Any establishment as defined in Title 30-A, Section 4352 et. seq. as amended, including but not limited to, adult amusement stores, adult video stores, adult bookstores, adult novelty stores, adult motion picture theaters, on-site video screening establishments, adult arcades, adult entertainment nightclubs or bars, adult spas, establishments featuring strippers or erotic dancers, escort agencies or other sexually oriented businesses.

 

Affordable Housing ‑ Decent, safe living accommodations that are affordable to lower income households and moderate income households, in accordance with provisions as determined by Chapter 100 of the Department of Economic and Community Development Rules.

 

Agriculture ‑ The production, keeping or maintenance for sale or lease, of plants and/or animals, including but not limited to:  forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock; fruits and vegetables; and ornamental and green house products excluding private gardens less than 1/2 acre.  Agriculture does not include forest management and timber harvesting activities. (Remove.)

 

Agriculture ‑ For the purposes of this Ordinance, this use has been divided into specific classifications including: Animal husbandry, Animal keeping, Household Pet, Gardens, Hayfields, and Horticulture.

 

Aggrieved Party ‑ An owner of land whose property is directly or indirectly affected by the granting or denial of a permit or variance under this Ordinance; a person whose land abuts land for which a permit or variance has been granted; or any other person or group of persons who have suffered particularized injury as a result of the granting or denial of such permit or variance.

 

Amusement Park - A commercially operated facility, primarily outdoors, including activities for recreation/ entertainment such as motorized rides, booths for the conduct of games or sale of items, water slides, driving range, batting cages, and the like.

 

Animal Husbandry ‑ Boarding, raising, breeding or keeping of animals for commercial purposes including without limitation swine, poultry, cattle and horses. Animal Husbandry specifically excludes any animals covered under the definition of Aquaculture.

 

Animal Keeping for personal use/enjoyment - The keeping of bovines, horses, fowl, birds, goats, sheep, pigs and other similar animals for personal pleasure and/or consumption.

 

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

 

Aquifer ‑ A geologic unit composed of sand and gravel, which unit contains sufficient saturated permeable materials to conduct groundwater and also yield economically significant quantities of groundwater to wells and springs.  For the purposes of this Ordinance, the Aquifer Protection District shall include aquifers with flow rates of ten (10) gallons or more per minute as demarked on the Casco Official Zoning Map, using Maine Geologic Survey Sand and Gravel Aquifer Map #12.

 

Arterial Street/Road ‑ For the purpose of this Ordinance, Route 302, Route 121, Route 11, Route 85, State Park Road, Quaker Ridge Road, Leach Hill Road, Mayberry Hill Road and Heath Road.

 

Automobile Graveyard - a yard, field or other outdoor area as defined in Title 30-A, Section 3752 et. seq. as amended, used to store 3 or more unregistered or uninspected motor vehicles, as defined in Title 29-A, section 101, subsection 42, or parts of the vehicles. "Automobile graveyard" includes an area used for automobile dismantling, salvage and recycling operations. 

 

Automotive Recycling Business - a business premises as defined in Title 30-A, Section 3752 et. seq. as amended, of a dealer or a recycler licensed under Title 29-A, sections 851 to 1112 who purchases or acquires salvage vehicles for the purpose of reselling the vehicles or component parts of the vehicles or rebuilding or repairing salvage vehicles for the purpose of resale or for selling the basic materials in the salvage vehicles, as long as 80% of the business premises specified in the site plan in section 3755-A, subsection 1, paragraph C is used for automobile recycling operations. 

 

Barn ‑ A structure designed for the housing of animals and storage of feed crops.

 

Base Flood ‑ Means the flood having a one (1) percent chance of being equaled or exceeded in any given year, alternately referred to as the 100‑year floodplain.

 

Bed and Breakfast Establishment ‑ A single‑family dwelling in which the resident(s) of the dwelling provide(s) short‑term overnight lodging to paying guests in a maximum of seven (7) guestrooms located within the dwelling or permitted attached structures.  Breakfast shall be the only meal served and shall be limited to overnight guests.  A bed and breakfast with three (3) guest rooms or less shall be considered a home occupation accessory to principal use of the dwelling and shall be allowed under the standards applicable to home occupations. (Remove.)

 

Bed and Breakfast Establishment ‑ A single-family dwelling in which the resident(s) of the dwelling provide(s) short-term overnight lodging and a breakfast meal (only) to paying guests subject to standards contained in this Ordinance (Levels 1 and 2).  A Bed & Breakfast Establishment with six (6) to ten (10) overnight guest bedrooms shall be considered an Inn for the purposes of this Ordinance.  (NOTE:  Level 1:  2 or fewer BR's rented with CEO approval, Level 2:  3 to 5 BR's rented with PB Site Plan.  All B + B's subject to specific performance standards).

 

Beach Construction ‑ Dredging or removing materials from below the normal high water mark of a pond; constructing or repairing any permanent structure below the normal high water mark of a pond; or depositing any dredged spoil or fill below the normal high water mark of a pond or on the land adjacent thereto in such a manner that the material may fall or be washed into the pond, or bulldozing or scraping on land adjacent to a pond in such a manner that the material or soil may fall or be washed into the pond. 

 

Billboard ‑ A structure, either freestanding or attached to a building, the surface of which is available for hire for advertising purposes.

 

Boarding House (Rooming House) – Need definition?

 

Boarding School, K-12Need definition.

 

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

 

Buildable Land ‑ Land that in its natural state is suitable for development.  For the purposes of this Ordinance, land treated as 100 percent deductions for the net residential area calculation shall be considered unbuildable land.  Other lands shall be considered buildable.

 

Building ‑ Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattel or property.  For the purposes of determining exterior measurements or footprints in order to locate the setback line, buildings shall include all attached structures such as open or closed porches, car‑ports, garages, balconies, roof overhangs, stairways and other similar structures.

 

Building Coverage ‑ That percentage of the lot that is covered by buildings.

 

Building Front Line ‑ A line parallel to the front line transecting that point of the building which is closest to the front lot line.

 

Building Trades Occupation I - Any occupation or profession which is clearly accessory to the primary residential use of a building carried on by one (1) self-employed craftsman or person in a construction related trade who resides in the dwelling unit, and not in an accessory apartment, that meets and maintains the performance standards contained in this Ordinance.  

 

Building Trades Occupation II - An occupational activity which is clearly accessory to the primary residential use of a building and/ or property carried on by one (1) self-employed craftsman or person in a construction related trade who resides in the dwelling unit, and not in an accessory apartment, that involves minimal outdoor storage of construction related materials and meets and maintains standards contained in this Ordinance.

 

Building Trades Occupation III - The short-term outdoor storage of fully operational commercial vehicles and heavy-duty construction related equipment such as trucks, trailers, tractors, excavators, and bulldozers directly related to a Building Trades Occupation I or II use that meets and maintains the standards in this Ordinance.  Long-term (how long is long?) storage or equipment storage that exceeds the standards for this use as established in this Ordinance constitutes a Truck Facility.

 

Business and Professional Office ‑ A building in which there are located the offices of one or more professional businesses including but not limited to banks, insurance offices, realtors, law and medical offices, barber shops and beauty salons. (Remove.)

 

Camp - A facility which operates a recreational and/or educational program to (scheduled) groups that customarily stay for several weeks.  The facility may include buildings, housing, dining facilities, and associated recreational activities. (What about Hoop Camp?)

 

Campground ‑ A parcel of land for temporary overnight use by tents and recreational vehicles for which a use fee is charged.  Campgrounds may be open for business and sites occupied from May l to November l.  Tents and recreational vehicles may not have any permanent utility hookups such as but not limited to electricity, water, sewer, telephone, or cable television; but campground ownership may provide said utility hook‑ups and any campground shall be required to provide water and adequate septic disposal.

 

Car Wash - Define but kick to retail to address size cap (esp. to address Village concerns)?

 

Cemetery ‑ A burial ground maintained by the town or other public or non‑profit body or private individual.

 

Central Sewage System ‑ A wastewater disposal system that receives wastewater from two or more structures.  The system may have a private sewer collection system flowing into a common septic tank, or it may utilize individual septic tanks.  The wastewater, after receiving primary treatment in the septic tank or tanks, may be pumped or gravity‑fed to a single subsurface disposal field or several fields on a common land area.

 

Church (Replaced by Place of Worship) A building or structure, or groups of buildings and structures which, by design and construction, are primarily intended for the conducting of organized religious services, and accessory uses associated with the mission of the institution.  Accessory uses include, but are not limited to meeting halls, classrooms, and kitchens.  The church proper, and accessory buildings shall comply with maximum building heights.  The church proper may include a steeple, or spire, or bell tower.  That steeple, spire, or bell tower, may exceed the height standards with Planning Board approval.

 

Clearcut Land ‑ Land in which more than eighty (80) percent of the volume in trees over six (6) inches DBH is cut down within any ten (10)‑year period, unless the Planning Board, after consultation with the Conservation Commission, has issued a permit approving clearcutting for the purposes of land conservation, public safety or utility construction.

 

Code Enforcement Officer ‑ A person appointed by the Board of Selectmen to administer and enforce this Ordinance. 

 

College - A public or private accredited degree-granting institution of higher (post-secondary) education and related facilities (or a school for children K-12 with boarding facilities?).

 

Commercial Recreation: Indoor ‑ Any recreational use in which the primary use is within a structure, such as a bowling alley, roller or ice skating rink, swimming pools, tennis courts, movie theaters or arcades, operated primarily for profit. (Remove.)

 

Commercial Recreation: Outdoor ‑ Any outdoor recreational use such as, but not limited to, golf courses, tennis courts, riding stables, swimming pools or ice skating rinks, operated primarily for profit, but not including campgrounds, race tracks, amusement parks and mechanical or motorized rides. (Remove.)

 

Commercial Sales and Service: Indoor ‑ A business in which the principal use is the sale of goods and/or services in large quantities either to the general public or to other businesses.  Indoor storage of goods or equipment is permitted as an accessory use.  Outdoor storage is prohibited.

 

Commercial Sales and Service: Outdoor ‑ Commercial sales and service which permits both indoor and outdoor storage as principal uses.

 

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

 

Commercial Wood Processing, Minor - The use of a property, primarily for commercial purposes, for the short-term storage of raw forest products and cutting/ splitting to produce firewood to be sold off-premises.  In the event that the volume processed/sold exceeds one hundred (100) cords in a calendar year, the use shall be considered major commercial wood processing for the purposes of this Ordinance.

 

Commercial Wood Processing, Major - The commercial use of a property for a series of operations involving the milling of raw forest products to produce rough or finished lumber OR the production of firewood in excess of one hundred (100) cords in a calendar year.  Retail sales of products on the premises is specifically prohibited. (Portable sawmills?)

 

Common Borrow - Sand, silt, clay and/or gravel that is borrowed to be used for fill.

 

Community Living Facility ‑ A state‑authorized, certified or licensed group home for eight (8) or more developmentally disabled persons.  Procedures and standards for permitting these uses are described in  M.R.S.A. Title 30, Section 4962A.

 

Conforming Use ‑ A use of buildings, structures, or land which complies with all applicable provisions of this Ordinance.

 

Construction Services ‑ The performance of work or the furnishing of supplies to members of the building trades, such as but not limited to plumbing, painting, building, well drilling, carpentry, masonry, or electrical installation, which requires the storage of materials and/or the location of commercial vehicles at the site.

 

Convenience Store ‑ A retail establishment that accommodates neighborhood needs for groceries and sundries and that may sell, as accessory uses, prepared food for carry‑out.

 

Correctional Facilities - Need COG/ State input

 

Crematorium - The use of a structure, or part thereof, for the purposes of cremation.

 

Critical Edge ‑ All areas within 130 feet of the normal high water mark of lakes, ponds, streams, brooks, and other wetlands or waterbodies.

 

Day Care - A single-family dwelling in which the resident(s) of the dwelling provide(s), on a regular basis and for consideration, care and protection for no more than two (2) adults or children unattended by parents or guardians for any part of the day.  Care services shall not be provided for more than 12 hours in any 24-hour period.

 

Day Care Center ‑ A single-family dwelling or other place in which person(s) carry out a regular program, for consideration, providing care and protection for thirteen (13) or more adults or children unattended by parents or guardians for any part of the day.  Care services shall not be provided for more than 12 hours in any 24-hour period.  This use may include, but not be limited to, any of the following: Nursery, pre-school, state licensed care home(s)/ facilities.   

 

Day Care Home - A single-family dwelling or other place in which person(s) carry out a regular program, for consideration, providing care and protection for three (3) to twelve (12) adults or children unattended by parents or guardians for any part of the day.  Care services shall not be provided for more than 12 hours in any 24-hour period.  When the same entity or person(s) operate care program(s) on the same or abutting property (as defined in this Ordinance), the number of persons shall be determined by totaling all adults or children.  This use may include, but not be limited to, any of the following; Nursery, pre-school, state licensed care home(s)/ facilities.

 

Day Care Center ‑ An establishment, including a private  residence, where four (4) or more unrelated persons are cared for in return for compensation.  May include, but not limited to any of the following:  Nursery, Pre-school, Day-Care Home Licensed, DayCare Center. (Remove.)

 

DBH ‑ A tree's diameter 4 feet, 6 inches from the ground.

 

Deck ‑ An uncovered structure with a floor, elevated above ground level, or a patio at ground level if a concrete slab or below‑grade foundation is utilized.  A deck is a structure for the purpose of this Ordinance.

 

Development ‑ Any human‑produced change to real estate including but not limited to building, mining, dredging, filling, grading, paving, excavating, or drilling.

 

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

 

Distribution Facility ‑ A facility specializing in the shipping and receiving of goods and articles, which may include associated assembling, finishing and packaging.

 

District ‑ A section or sections of the Town of Casco for which regulations governing the use of buildings and premises, the size of lots and setbacks and intensity of use are uniform.

 

Drive‑Through ‑ An accessory use which by design, physical facilities, services or by packaging materials, encourages customers to receive services or obtain goods while remaining in their vehicles.

 

Driveway ‑ A vehicular access way less than five hundred (500) feet in length serving two lots or less.

 

Dwelling ‑ A building designed to be used as living quarters.

 

Dwelling, Attached ‑ A dwelling with two or more party walls, or one party wall in the case of a dwelling at the end of a group of attached buildings.

 

Dwelling, Detached ‑ A dwelling which is designed to be and is substantially separate from another building or buildings except for accessory buildings.

 

Dwelling, One‑Family ‑ A building, exclusive of manufactured housing, designed and/or used exclusively for residential purposes for one (1) family and containing not more than one (1) dwelling unit.

 

Dwelling Unit ‑ A room or group of rooms designed and equipped exclusively for use as living quarters for only one (1) family, including provisions for living, sleeping, cooking and eating.  This term shall not include hotels, motels, bed and breakfast establishments, recreational vehicles or other temporary trailers.

 

Elderly Housing - An age-restricted planned development designed for active older people living independently that emphasizes social and recreational activities but may also provide personal services, dining and health facilities, and transportation services for residents.  Housing may include detached and attached dwelling units, apartments, and residences offering private and semi-private rooms. (Would someone living independently live ina semi-private room?)

 

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

 

Emergency Services Building - A building that is owned, leased, operated or funded by a governmental body or public entity and operated on a year-round basis under its direct supervision primarily for the storage of emergency vehicles, such as fire trucks and ambulances, and temporary short-term use by the public during catastrophic events.  The structure may be used incidentally for emergency dispatch services or by public emergency personnel or other governmental/ public services related entities for periodic meetings.  This definition specifically excludes uses defined herein including public garages, public ______, etc

 

Engineered Subsurface Waste Disposal System ‑ A system or combination of individually or jointly owned systems which serve a single building or group of associated buildings with a total design flow in excess of 2,000 gallons per day.  Examples include condominium projects and clustered systems serving residential dwellings.  Residential dwellings with individual systems shall not be included in this definition.

 

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

 

Excavation ‑ Any removal of earth from its original position.

 

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

 

Expansion of Use ‑ The addition of weeks or months to a use's operating season; additional hours of operation; or the use of more floor area or ground area devoted to a particular use.

 

Family ‑ One or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth, adoption or marriage; but no unrelated group shall consist of any more than five (5) persons.

 

Filling ‑ Depositing or dumping any material of fifty (50) cubic yards or more in volume on or into the ground or water.

 

Finished Wood Product Processing - The primary use of a property for the purposes of the production of finished wood products for wholesale distribution or sale, at another site, including but not limited to picnic tables, crafts, cabinets, furniture, etc.  Retail sales to the public are specifically excluded unless otherwise approved in accordance with this Ordinance and applicable standards.

 

Fire Wall ‑ A wall of non‑combustible construction, capable of resisting the spread of fire.

 

Flea Market - A shop or open market selling antiques, used household goods, curios and the like at a frequency of more than four days in any six-month period.  "Flea Market", as distinguished from Yard or Garage Sales, shall be considered to be a retail business for this Ordinance.

 

Flood Plain ‑ The lands adjacent to a body of water which have been or may be covered by the base flood.

 

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

 

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

 

Foundation ‑ The supporting substructure of a building or other structure including but not limited to basements, slabs, sills, posts or frost wall.

 

Freshwater Wetland ‑ Freshwater swamps, marshes, bogs and similar areas which are:

 

l.          of ten or more continuous acres; or of less than l0 contiguous acres and adjacent to a surface water body, excluding any river, stream or brook such that in a natural state, the combined surface area is in excess of l0 acres; and

 

2.         inundated or saturated by surface or ground water at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils.

 

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

 

Frontage, Road ‑ The lot line abutting a road and ordinarily regarded as the front of the lot.  On any lot bounded on more than one property line by a road, the road frontage shall be that property line of the lot designated as "road frontage" in any building permit application for such lot.  Road frontage may be lowered by the Planning Board to fifty (50) percent of the minimum frontage required if the lot fronts on a cul‑de‑sac, provided that in no case road frontage for a lot is less than seventy‑five (75) feet.

 

Frontage, Shore ‑ The horizontal distance, measured as a straight line, between the intersection of the side lot lines with the shoreline at the normal high water mark elevation.

 

Functionally Water‑Dependent Uses ‑ Those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal and inland waters and which cannot be located away from these waters.  The uses include, but are not limited to commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aides, basins and channels, industrial uses dependent upon water‑borne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters.

 

Funeral HomeNeed definition.

 

Garden ‑ A tract of land used for the growing of plants primarily for non-commercial purposes.

 

Golf Course – Need definition.

 

Great Pond ‑ Any inland body of water which in a natural state has a surface area in excess of ten acres, and any inland body of water artificially formed or increased which has a surface area in excess of thirty (30) acres except for the purposes of this Ordinance, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner.

 

Great Pond Classified GPA ‑ Any great pond classified GPA, pursuant to Title 38 Article 4‑A Section 465‑A.  This classification includes some, but not all impoundments of rivers that are defined as great ponds.

 

Ground Sign ‑ An outdoor sign that is directly and permanently supported, and physically separated from other structures.

 

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

 

Halfway House - Need COG/ State input.

 

Hayfields - Cultivation of grasses and other plant materials consumed by animals.

 

Hazardous Material ‑ Material which may pose a present or potential hazard to human health or the environment when improperly stored, transported or disposed of, or otherwise managed, including without exception hazardous wastes identified and listed in accordance with Section 3001 of the Resource Recovery Act of 1976 and subsequent regulations promulgated by the Federal Register.

 

Health Care Facility - A facility principally engaged in providing services for health maintenance, diagnosis or treatment of human diseases, pain, injury, deformity, or physical condition, including but not limited to doctors, dentists and optometrists offices and health care clinics.  Patients are not allowed to stay overnight in a Health Care Facility (see Hospital).  This use, as defined herein, is considered a Professional Office Building for the purposes of this Ordinance.  Other uses defined in this Ordinance such as Hospitals, Methadone Clinics, and Residential Care Facilities are specifically excluded from this definition.

 

Health Club - A building or portion of a building designed and equipped for physical fitness and/or weight reducing activities such as running, jogging, aerobics, weight lifting, stationary exercise equipment usage, court sports, and swimming by bona fide members, guests of the organization, or open to the public for a fee.  The facility may include related ancillary facilities such as whirlpools, saunas, showers, and locker rooms for use only by those utilizing the exercise facilities.  Municipally or publicly owned or operated indoor recreational facilities are specifically excluded from this definition (see Public Offices and Services).

 

Height of a Structure ‑ The vertical distance between the mean original grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, steeples, antennas, and similar appurtenances which have no floor area.

 

Home Occupation IAn occupational activity accessory to the primary residential use of a building and carried on within the dwelling unit, utilizing not more than 15% of the total floor area. The use shall comply with the performance standards contained elsewhere in this Ordinance.

 

Home Occupation IIAn occupational activity accessory to the primary residential use of a building and carried on within the dwelling unit, utilizing not more than 20% of the total floor area. The use shall comply with the performance standards contained elsewhere in this Ordinance.

 

Home Occupation IIIAn occupational activity accessory to the primary residential use of a building and carried on within the dwelling unit or an accessory structure, utilizing not more than 35% of the total floor area of the dwelling unit. The use shall comply with the performance standards contained elsewhere in this Ordinance.

 

Home Retail Sales - Limited retail sales which are directly related to an approved Home Occupation.  All Home Retail Sales shall be approved by the Planning Board as part of the Home Occupation and shall meet and maintain all standards in this Ordinance.

 

Horticulture - Growing of fruits, vegetables, nursery, floral, or ornamental plants for commercial purposes.  Seasonal retail sales of produce/ crops cultivated on the premises in excess of 250 square feet of total display area is prohibited unless applicable permits are obtained. (Note: what should be the limits on retail sales – don’t want them to get out of hand. And what about the growing and selling of Christmas trees or maple syrup?)

 

Hospital ‑ An institution providing but not limited to overnight health services, primarily for in‑patients, and medical or surgical care for the sick or injured, including as an integral part of the institution such related facilities as laboratories, out‑patient departments, training facilities, central services, and staff offices.

 

Hotel ‑ A facility which is not a Bed and Breakfast Establishment as defined herein, in which lodging is offered to transient guests for compensation with no cooking facilities in individual rooms or suites.  Where a permitted use, hotels shall meet the minimum lot size for the district, plus 10,000 square feet for each lodging unit.  Hotels may provide additional services such as restaurants, public assembly and/or recreational facilities. (Remove.)

 

Hotel ‑ A facility which is not a Bed and Breakfast Establishment or an Inn as defined herein, in which lodging is offered to transient guests for compensation with no cooking facilities in individual rooms or suites.  Where a permitted use, hotels shall meet the minimum lot size for the district, plus 10,000?? square feet for each lodging unit.  Hotels may provide additional services such as restaurants, meeting rooms and/or recreational facilities. (An individual guest may not stay at the facility for more than ___ days in a calendar year.)

 

Household Pet - A tame or domesticated animal living primarily within a dwelling unit and kept for the enjoyment of its occupants.  This definition specifically excludes horses, cows, sheep, goats, mink, swine, chicken, turkeys or any animals raised for sale or for the sale of their products.

 

Impervious Surface ‑ Structures and other man‑made improvements to land, and materials covering the land, which substantially reduce the infiltration of water.  Impervious surfaces shall include but not be limited to roofs, paved areas, and parking lots and driveways, regardless of surface materials.

 

Individual Private Campsite ‑ An area of land which is not associated with a campground, but which is developed for repeated camping by only one group not to exceed ten (l0) individuals and which involves site improvements which may include but not be limited to gravel pads, parking areas, fire places, or tent platforms.

 

Inland Wetlands ‑ Areas enclosed by the normal high water mark of inland waters, and areas otherwise identified on the basis of soils, vegetation and other criteria as inland wetlands, including but not limited to swamps, marshes and bogs.

 

Wetlands regulated under this Ordinance shall fall within two categories.  Areas enclosed by the normal high water marks of ponds or rivers as defined herein shall be considered wetlands.  These wetlands and areas within 250 feet, horizontal distance, of the normal high water mark of such ponds and rivers shall be considered part of the Shoreland District.  (Areas below the normal high water mark of such ponds and rivers shall be considered part of the Resource Protection District.)

 

Areas enclosed by the normal high water mark of waterbodies not included as part of the Shoreland District shall also be considered wetlands.  These wetlands and areas within 130 feet, horizontal distance, of the normal high water mark of these wetlands shall be considered part of the Streams and Wetland District  ‑ The Shoreland District and Streams and Wetland District shall be identified on the official Zoning Map; however, the exact location and extent of wetlands and their accompanying districts shall be determined by applying the definition of normal high water mark to individual sites.

 

Inn - A facility offering transient lodging accommodations to the general public which has a central lobby and a maximum of 10 (?) sleeping rooms available for the general public.  Food or meals may be available but only for guests staying overnight at the Inn.  An individual guest may not stay at the facility for more than ___ days in a calendar year.

Where a permitted use, inns shall meet the minimum lot size for the district, plus 10,000?? square feet for each lodging unit. (Any Inn with more than 10 sleeping rooms shall be considered a Hotel for purposes of this Ordinance.)

 

Junkyarda yard, field or other outside area as defined in Title 30-A, Section 3752 et. seq. as amended, used to store, dismantle or otherwise handle;  

A. Discarded, worn-out or junked plumbing, heating supplies, electronic or industrial equipment, household appliances or furniture; 

B. Discarded, scrap and junked lumber; and

C. Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste and all scrap iron, steel and other scrap ferrous or nonferrous material.

 

Check state definition and refer to state statutes – probably remove this current definition from ordinance.

 

a.         A yard, field or other area used as a place of storage for three or more unserviceable, discarded, worn‑out or junked motor vehicles.

 

b.         Any area, lot, land, parcel, building or structure or part thereof used for the temporary storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal, or other scrap or discarded goods, materials, machinery and their related recycling operations.  Bottle redemption facilities are not included in this definition.  Junkyards must conform to minimum state standards and to the performance standards herein.

 

Kennel ‑ Any place, building, tract of land, abode, enclosure, or vehicle where three (3) or more dogs or six (6) or more cats, owned singly or jointly, are kept for any purpose, including but not limited to breeding, hunting, show, field trials or exhibition, or where one or more dogs or other pets are kept for their owners in return for a fee.  This definition shall not apply to dogs or cats under the age of six months.

 

Landscaped Buffer ‑ A designated green area required within specified setback areas that includes a ground cover of bark mulch, grass or other natural green plant material which is then planted with trees or shrubs for all or part of its area.  Landscaped buffers of crushed rock materials such as concrete and asphalt and green paint are not acceptable materials for use in landscaping.   Landscaped buffers shall be maintained by the property owner(s) or their representative(s).

 

Leachable Materials ‑ Materials including but not limited to solid wastes, sludge, industrial wastes, and agricultural wastes capable of releasing contaminants to the surrounding environment.

 

Library - A public, non-profit facility in which literary, musical, artistic, or reference materials such as books, manuscripts, computer resources, recordings, or films are used by or loaned to patrons.  The periodic sale of such materials shall be clearly incidental.

 

Light Industrial Use - the assembling, fabrication, finishing, manufacturing, packaging or processing of goods that meets the standards contained herein. (Keep name but replace with the next definition.)

 

Industrial and Manufacturing Uses ‑ The making of goods and articles by hand or machinery.  Manufacturing shall include assembling, fabricating, finishing, packaging or processing operations. (Need to review this definition.)

 

Manufacturing/Processing ‑ The making of goods and articles by hand or machinery.  Manufacturing shall include assembling, fabricating, finishing, packaging or processing operations. (Remove.)

 

Lodging Unit ‑ A room or suite designed to accommodate transient guests/uses.

 

Lot ‑ A parcel of land having distinct and defined boundaries and described in a deed, plan or similar legal document.  Lands on opposite sides of a public way shall be considered separate lots.

 

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

 

Lot Lines ‑ The lines bounding a lot.

 

Lot Line, Front ‑ The line separating the lot from a road.  On any lot bounded on more than one property line by a road, the front lot line shall be that property line of the lot designated as "road frontage" in any building permit application for such lot.

 

Lot Line, Rear ‑ The lot line opposite the front lot line.  On a lot  pointed at the rear, the rear lot line shall be a line between the side lot lines parallel to the front lot line, not less than ten (10) feet long, lying farthest from the front lot line.

 

Lot Line, Side ‑ Any lot line other than the front lot line or rear lot line.

 

Lot Depth ‑ The horizontal difference from the street line of the lot to its opposite rear line.

 

Lot of Record ‑ A parcel of land, a legal description of which or the dimensions of which are recorded on a document or map on file with the County Registry of Deeds.

 

Lot Width ‑ The horizontal distance between the side lines of a lot measured at right angles to its depth parallel to the front lot line at the minimum required front setback.

 

Manufactured Housing Unit ‑ (1) A mobile home constructed after June 15, 1976, which the manufacturer certifies is constructed in compliance with the United States Department of Housing and Urban Development Standards, or  (2) a Modular Home constructed after January 1, 1984, which the manufacturer certifies is constructed in compliance with the State of Maine's Manufactured Housing Act.  Manufactured housing units must be designed for long‑term, year‑round occupancy and contain sleeping accommodations, a toilet, a tub or shower bath, and kitchen facilities, including major appliances, with plumbing and electrical connections provided for attachment to outside systems.

 

Manufactured Housing Units as defined must also meet the Manufactured Housing Performance Standards herein.

 

A mobile home that does not meet this definition but which was lawfully in use as a dwelling unit in the Town of Casco on the date of the adoption of this Ordinance shall be permitted to continue on its respective site or lot.

 

Manufactured Housing Park ‑ A contiguous parcel of land plotted for the development of manufactured housing that meets the standards of the Manufactured Housing Park District and conforms to the Manufactured Housing Park Performance Standards.

 

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

 

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

 

Methadone Clinic - Need COG/ State input

 

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

 

Mineral Extraction ‑ Excavation for the purpose of removal of earth products, including, but not limited to, sand, gravel, clay, topsoil/loam, common borrow, and rock minerals.  (Amended 6/21/97) (Remove.)

 

Mineral Extraction ‑ Excavation of an area not greater than five (5) acres for the purpose of removal of earth products, including, but not limited to, sand, gravel, clay, topsoil/loam, common borrow, and rock minerals.

 

Mineral Processing I - An operation, or set of operations, that changes the characteristics, composition, state, shape or form of earth products, including sand, gravel, clay, topsoil, common borrow, and rock minerals.  (Note: Add limited screening hours, maximum size, possible very limited crushing (yearly cap), buffers/ setbacks to property lines.  CEO and ZAC input needed to complete definition and standards.)

 

Mineral Processing II -  (Note: Change to include extraction and processing on more than 5 acres but less than ____ acres, increased but still limit screening, crushing hours limited, increased buffers/ setbacks to property lines.  CEO and ZAC input needed to complete definition/ standards. See also new definition of quarry operations.) (Does blasting make the operation a MP III?)

 

Mineral Processing III (Quarry Operations) - The extraction and/or processing of earth materials on greater than ___ acres of land. (Note: Add other qualifiers after committee discussion.)

 

Mineral Processing - An operation, or set of operations, that changes the characteristics, composition, state, shape or form of earth products, including sand, gravel, clay, topsoil, common borrow, and rock minerals.  (Added 6/21/97) (Remove.)

 

Miniature Golf Course - A theme-oriented recreational facility typically comprised of 9 or 18 putting greens, each of which with a "cup" or "hole", where patrons in groups of one to four pay a fee to move in consecutive order from the first hole to the last.

 

Minimum Lot Width ‑ The closest distance between the side lot lines of a lot.

 

Mobile Home ‑ A dwelling unit that is constructed in a manufacturing facility and then transported to a site on a permanent chassis.  Only mobile homes constructed after June 15, 1976, which the manufacturer certifies is constructed in compliance with the United States Department of Housing and Urban Development Standards, shall be considered Manufactured Housing for the purposes of this Ordinance.

 

Modular Home or Modular Housing Unit ‑ A dwelling unit designed for transportation, after fabrication, to the site where it is to be occupied, as two or more component parts which must be assembled into a livable dwelling unit on site.  No component part of the Modular Housing Unit shall be considered a complete dwelling unit.  A modular home constructed after 1/1/84 which the manufacturer certifies is constructed in compliance with the State of Maine's Manufactured Housing Act shall be considered Manufactured Housing for the purposes of this Ordinance.

 

Motel ‑ A building or group of buildings containing rooms which are rented as sleeping units for transient guests and automobile travelers, each sleeping unit consisting of at least a bedroom and a bathroom, with no cooking facilities in individual rooms or suites.  Where a permitted use, motels shall meet the minimum lot size for the district, plus 10,000 square feet for each lodging unit. (Remove.)

 

Motel ‑ A building or group of buildings containing rooms which are rented as sleeping units for transient guests and automobile travelers, each sleeping unit consisting of at least a bedroom and a bathroom, with no cooking facilities in individual rooms or suites. (Separate outside entrances?)  Where a permitted use, motels shall meet the minimum lot size for the district, plus 10,000? square feet for each lodging unit. An individual guest may not stay at the facility for more than ___ days in a calendar year.

 

Motor Vehicle Collision Repair Garage - Body repair work, painting and related mechanical repairs of vehicles with a gross vehicle weight (GVW) less than 16,000 pounds; there are no fuel sales.

 

Motor Vehicle Filling Station - A place where vehicular fuels or lubricants are retailed and distributed directly to the public, including the sale of minor related accessories.  No repairs are permitted.

 

Motor Vehicle Repair Garage - A business establishment where mechanical repairs of vehicles with a gross vehicular weight (GVW) less than 16,000 pounds occurs; neither fuel sales nor body repair work occurs at such a facility.

 

Motor Vehicle Repair Garage - A business establishment where motor vehicles and/or their related parts are repaired, reconditioned, painted or rebuilt.  The following services may be carried out:  general repair, engine rebuilding, parts replacement, rebuilding or reconditioning of motor vehicles, collision services such as body, frame or fender straightening and repair, overall painting and undercoating, and mechanized washing of automobiles.

 

Motor Vehicle Sales - The use of any building, land area, or other premise for the display and sale of new or used automobiles, trucks, vans, trailers or recreational vehicles.

 

Motor Vehicle Sales - The use of any building, land area, or other premise for the display and sale of new or used automobiles, trucks, vans, trailers or recreational vehicles. The display and sales of vehicles, other than recreational vehicles, with a gross vehicular weight (GVW) over 16,000 pounds is considered to be a Truck Facility.

 

Motor Vehicle Service Station - A place where gasoline, or any other vehicular engine fuel, or lubricant, is retailed directly to the public on the premises; including the sale of minor accessories, and such work as tune-ups and minor mechanical repairs, but not including the storage of unlicensed motor vehicles, or the repair of body, frame or fenders. (Remove.)

 

Multiple Commercial Structures - The siting of two or more principal commercial structures on a single lot or land parcel in the Commercial District, providing that lot or parcel has a minimum of eighty-thousand (80,000) square feet.

 

Multiple Use - The use, in a Commercial District, of a single land parcel or single structure for two or more purposes, providing the lot, or parcel, has a minimum of eighty-thousand (80,000) square feet.

 

Multiplex Dwelling ‑ See “Dwelling, Multiplex.”

 

Multi‑Unit Residential ‑ A residential structure containing three (3) or more residential dwelling units. (Remove)

 

Municipal Facility ‑ A facility that is open to the public, owned by the municipality and operated under its direct supervision, including but not limited to schools, libraries, offices, and garages. (Replaced by other definitions.)

 

Museum - A building principally used as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, that are arranged, intended, and designed to be viewed by members of the pubic, with or without an admission charge.  Museums may include the incidental sale of goods to the public for gifts for their own use.  For the purposes of this Ordinance, a Museum shall be considered a Professional Office Building.

 

Net Residential Area ‑ The net area of a parcel or site that is generally suitable, in its natural state, for residential development.  The net residential area shall be determined by subtracting unsuitable or marginal areas from the gross area of the parcel. 

 

Net Residential Density ‑ The number of dwelling units allowed per net residential area.

 

Nonconforming Lot of Record ‑ A single lot of record which, at the effective date of adoption or amendment of this Ordinance, does not meet the area, frontage, or width requirements of the district in which it is located.

 

Nonconforming Structure ‑ A structure which does not meet any one or more of the following dimensional requirements; setback, height, or lot coverage, but which is allowed solely because it was in lawful existence at the time this Ordinance or subsequest amendments took effect.

 

Nonconforming Use ‑ Use of buildings, structures, premises, land or parts thereof which is not permitted in the district in which it is situated, but which is allowed to remain solely because it was in lawful existence at the time this Ordinance or subsequent amendments took effect.

 

Normal High Water Mark ‑ That line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land.  In the case of wetlands adjacent to rivers and great ponds, the normal high water line is the upland edge of the wetland, and not the edge of the open water.

 

Nursing HomeSee “Residential Care Facility.”

An institution that provides nursing or convalescent care for consideration to chronic or convalescent patients, but does not provide hospital services such as an operating room or x‑ray facilities, unless incidental to the delivery of nursing or convalescent care.  Where a permitted use, nursing homes shall have a density no greater than the minimum lot size for the district plus 5,000 square feet of net residential area per bed. (Replaced by Residential Care Facility.)

 

Open Space Use ‑ Any area of land or water set aside, dedicated, designated or reserved in a development for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.  Open space shall be used for recreation, protection of natural resource areas, passive amenity or agriculture; be accessible to all residents of the development, except where used for agricultural purposes; and be accessible to the public, if accepted by a public agency.  Open space shall not be occupied by nonrecreational buildings or parking, and shall not include required lot areas of dwelling units unless permitted under Planned Residential Development requirements.

 

Outdoor Storage ‑ A land area where goods and materials are stored in specific outdoor locations.

 

Owner ‑ Any person, firm, corporation or other legal entity which controls a parcel of land by a fee or less than fee title, or holds a valid contract or option to purchase said title.

 

Party Wall ‑ A wall, in conformance with fire codes, separating duplex or multiplex units.

 

Permitted Use ‑ A use specifically allowed in a zoning district.

 

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

 

Piers, Docks, Wharfs, Bridges and Other Structures and Uses Extending over or beyond the Normal High Water Line or within a Wetland:

 

Temporary:       Structures which remain in or over the water for less than seven (7) months in any period of twelve (l2) consecutive months.

 

Permanent:       Structures which remain in or over the water for seven (7) months or more in any period of twelve (l2) consecutive months.

 

Place of Worship - A church, synagogue, temple, mosque, or other facility that is used for prayer and organized religious services or ceremonies by persons of similar belief.  Regularly scheduled programs held on non-weekend days, such as schools (including pre-schools, nursery, etc) and day care shall be considered separate uses and shall meet standards contained herein. (The facility proper, and accessory buildings, shall comply with maximum building heights.  The facioity proper, such aws a charch, may include a steeple, or spire, or bell tower.  That steeple, spire, or bell tower, may exceed the height standards with Planning Board approval.)  (Previous definition: Church ‑ A building or structure, or groups of buildings and structures which, by design and construction, are primarily intended for the conducting of organized religious services, and accessory uses associated with the mission of the institution.  Accessory uses include, but are not limited to meeting halls, classrooms, and kitchens.  The church proper, and accessory buildings shall comply with maximum building heights.  The church proper may include a steeple, or spire, or bell tower.  That steeple, spire, or bell tower, may exceed the height standards with Planning Board approval.)

 

Planned Residential Development (PRD) ‑ A land development project comprehensively planned as a self‑contained, integrated, unified development via site plan review, which exhibits flexibility in building siting, clustering, usable open space and the preservation of significant natural features, and which meets the Planned Residential Development performance standards herein. (Replace with Cluster Subdivision definition.)

 

Pond ‑ Any inland body of water which has a surface area in excess of ten (10) acres, except where such body of water is man‑made and in addition is completely surrounded by land held by a single owner, and except those privately owned ponds which are held primarily as waterfowl and fish breeding areas or for hunting and fishing.

 

Post Office – A facility that is open to the public which is owned, leased, or operated under the direct supervision by a governmental entity primarily for providing parcel delivery services directly to the general public.  This definition specifically excludes centralized processing/distribution facilities which are considered to be a Retail Business for the purposes of this Ordinance.

 

Premises ‑ One or more parcels of land which are in the same ownership and are contiguous.

 

Principal Structure ‑ The structure in which the primary use is conducted.

 

Principal Use ‑ The primary use to which the premises are devoted.

 

Private Assembly ‑ A building which is owned and used as a meeting place for private or semi‑private social organizations and clubs such as grange halls, fraternal organizations and religious institutions, in which the principal use is exclusively for members.  Rental of the facilities to outside groups is clearly incidental to the principal use and shall not significantly increase the intensity of the use of the site, especially in regard to parking and traffic. (Remove.)

 

Private Assembly - A building which is owned and used as a meeting place for private or semi-private social organizations and clubs for the fraternal, social, educational, recreational or cultural enrichment in which the principle use is exclusively for members.  Rental of the facilities to outside groups is clearly incidental to the principle use and shall not significantly increase the intensity of the use of the site, especially in regards to parking and traffic.

 

Private Way ‑ Any way, designed for private use and maintained by a property owner or group of property owners, and which is not an accepted town road.

 

Professional Office Building - The primary use of a building for office(s) by person(s) in a professional occupation providing direct service(s) to customers including insurance, legal, real estate, accounting, title agencies, and health care, provided no patients stay overnight.  Any business involving customers purchasing products shall be considered a Retail Business for the purposes of this Ordinance.  Research Facilities and other uses specifically defined in this Ordinance are excluded from this definition.

 

Prohibited Use ‑ All uses not specifically allowed as Permitted Uses.

 

Public Assembly ‑ A building which is available to the public on a nonprofit or for‑profit basis.  Examples include auditoriums, meeting rooms and halls available for functions. (Remove.)

 

Public Assembly ‑ A building which is available to the public on a nonprofit or for-profit basis and operated under the direct supervision of a governmental or public entity, including but not limited to auditoriums, meeting rooms, and halls available for functions

 

Public Facility ‑ Any facility, including, but not limited to, buildings, property, recreation areas, and roads, which are owned, leased, or otherwise operated, or funded by a governmental body or public entity. (Remove.)

 

Public Facility - A facility owned, leased, operated, or funded by a governmental or public entity and operated under its direct supervision specifically including public works related facilities such as maintenance garages and storage yards.  This definition specifically excludes Public Recreational Facilities, Post Offices, and Public Offices and Services. (NOTE:  May need to be adjusted pending resolution of uses, where allowed, etc. especially Recreational Facilities)

 

Public Offices and Services - Buildings that are owned, leased, operated, or funded by a governmental body or public entity and operated regularly on a year-round basis under its direct supervision primarily for administrative office function needs.  This definition specifically includes Town Offices, public administrative services such as school administrative offices, and libraries. This definition specifically excludes public recreational facilities, public utility facilities, public facilities, emergency services buildings, and centralized waste collection operations (see Public Utility and Facilities).

 

Public Utility - Infrastructure and equipment necessary to provide utility services directly to the public including telephone poles, local utility transmission lines, underground wires and gas lines.  This definition specifically excludes pumping stations, major electrical power lines, electrical substations, and any building or area containing a public utility related function.  (NOTE:  Presumably allowed in all zones)

 

Public Utility Facility ‑ A facility which provides direct or indirect utility service to the public, such as but not limited to sewage and water pumping stations and treatment facilities, telephone electronic equipment structures larger than one hundred (100) sq. ft., and major electrical power lines, pipelines or substations whose major purpose is transport through a community.  Local utility transmission lines are excluded in this definition.  (NOTES:  Consider not requiring minimum lot size but subject to normal zoning district setbacks.  Likely need increase in allowed lot coverage, probably require PB Site Plan, consider additional buffering requirements to avoid appearance of "starkness" i.e. gas pumping station on Rt. 121 near Plains Road).

 

Public Utilities Facilities ‑ A facility, whether publicly or privately owned, which provides direct or indirect utility service to the public, such as but not limited to sewage and water pumping stations and treatment facilities, telephone electronic equipment structures, and major electrical power lines, pipelines or substations whose major purpose is transport through a community.  Local utility transmission lines are excluded in this definition. (Remove.)

 

Public Utility Structure ‑ A fully enclosed building with a footprint less than one-hundred (100) square feet which is critically necessary for the distribution of a public utility, such as a telephone switching building, subject to performance standards contained herein (<100 sq. ft., < __ ft. in height, color?, not subject to setbacks or min. lot size, no infringement on public safety (i.e. sight distance), buffering, etc.)  (NOTES:  1- Presumably allowed with CEO permit and review of standards in all zones, 2- Is the 100 ft. size cap normal/ customary size of these?)

 

Public Way ‑ Any way designed for vehicular use and maintained with public funds.

 

Recent Flood Plain Soils ‑ The following soil series as described and identified by the National Cooperative Soil Survey:

 

Alluvial                                                 Cornish                        Charles

Fryeburg                                              Hadley             Limerick

Lovewell                                              Medomak                    Ondawa

Podunk                                                Rumney                        Saco

Suncook                                               Sunday             Winooski

 

Recharge Area ‑ Areas composed of porous sand and gravel, or other areas that collect precipitation or surface water and carry it to aquifers.

 

Recreational Facility ‑ A place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities, excluding boat launching facilities. (Remove.)

 

Recreational Facility, Commercial Indoor - A commercially operated recreational facility, where activities are conducted entirely within a building and which may include such facilities as a gymnasium, tennis court(s), swimming pool(s), skating rink(s), bowling alley(s), handball, racquetball, arcades, and billiard hall.  Such a facility may also provide ancillary services and sales directly related to the recreational activities primarily for persons utilizing the facility such as whirlpools, saunas, and health services.  Health Clubs and any outdoor or public recreational facility specifically defined in this Ordinance are excluded from this definition.

 

Recreational Facility, Commercial Outdoor - A facility operated as a business and open to the general public for a fee conducted in open or partially enclosed or screened facilities including commercially operated sports fields, cross-country ski operations, outdoor courts, outdoor skating areas, and outdoor swimming pools.  Such a facility may provide limited services and sales directly related to the recreational use, such as refreshments and memorabilia, primarily consumed or purchased by persons utilizing the facility.  This definition excludes other recreational facilities specifically defined in this Ordinance.

 

Recreational Facility, Public Indoor (Use Commercial as model and adjust after committee discussion.) “…operated under the direct supervision of a governmental or public entity…”

 

Recreational Facility, Public Outdoor Public recreational land use conducted in an open or partially enclosed or screened facility, owned, leased, operated, or funded by a governmental or public entity and operated under its direct supervision, including playgrounds, public athletic fields, outdoor tennis courts, outdoor basketball courts, outdoor ice-skating areas, and outdoor swimming pools.

 

Recreational Vehicle ‑ A vehicle or vehicle attachment designed for temporary sleeping or living quarters for one or more persons, which may include a pick‑up camper, travel trailer, tent trailer, camp trailer, park trailer, or motor home.  In order to be considered a vehicle and not a structure, the unit must be able to be transported over the public roads, must remain with its tires on the ground, must be road worthy, and possess a valid current registration sticker from any state Division of Motor Vehicles.  Recreational Vehicles must comply with the standards established by a nationally recognized society, association, or similar group that establishes standards for recreational vehicles and may not be more than forty (40) feet in length.  No recreational vehicle shall be used for permanent residential purposes and any temporary use thereof shall not be for longer than six (6) months in any calendar year.  Any recreational vehicle that stays on site over l80 days in a campground shall be considered personal property.

 

Recycling Collection Center - A facility for the acceptance by donation and/or redemption of predominantly residentially generated recyclable materials from the public.  The facility may include reverse vending machines, unattended mobile recycling units, containers, or bins placed for the donation of recyclable materials.  The total area of all structures and uses shall not exceed 500 square feet exclusive of access and parking for vehicles leaving materials at the facility.  Mechanized equipment and long-term storage is prohibited.

 

Recycling Facility - A facility with attendants designed to be a centralized collection point where predominantly residential trash, garbage, recyclable or reusable materials are sorted and/ or temporarily stored prior to delivery to permanent disposal sites or shipment for reuse and/ or processing into new products.  Recyclables may include yard wastes for composting such as brush, leaves, tree trimmings, and grass clippings.  Reusable materials may include metals, glass, paper, and plastics.

 

Redemption CenterNeed definition.

 

Repair Service - A building utilized by a business establishment primarily engaged in the servicing or repair of equipment and goods customarily associated with residential households rather than businesses.  Such uses may include, but not be limited to, the servicing or repair of: appliances, watches, jewelry, bicycles, computers and electronic equipment typically used in households.  The servicing or repair of any motorized vehicle, construction-related equipment, or recreational vehicle or accessory is specifically excluded from this definition.  In no event shall there be any outdoor storage associated with the repair service use. Any sales must be limited and clearly ancillary to the primary repair function unless necessary standards are met for Retail Business.

 

Replacement System ‑ A system intended to replace l) an existing system which is either malfunctioning or being upgraded with no significant change of design flow or use of the structure; or 2) any existing overboard wastewater discharge.

 

Research Facility - A facility primarily for the research, investigation, development and/or testing of products that may include engineering or product development but does not involve the mass manufacture, fabrication, processing, storage, sale, or distribution of products or materials.

 

Residential Care Facility ‑ Residential housing consisting of private apartment or private room and central dining facilities and within which a supportive services program is provided to residents who are unable to live independently without assistance, yet do not require the constant supervision or intensive health care available at nursing homes or hospitals.  Where a permitted use, residential care facilities shall have a density no greater than the minimum lot size for the district plus 20,000 square feet of net residential area per private apartment or private room. (Remove.)

 

Residential Care Facility - A building or series of attached buildings providing residential housing and/or nursing care, for consideration, to residents who are unable to live independently without assistance.  Services provided may include meals, personal care and health monitoring under the supervision of health care professionals for those living in the facility.  Nursing Homes are included in this definition. A Residential Care Facility shall require the minimum lot size for the applicable zoning district plus _____ square feet of lot area per bed. (Former definition: Residential housing consisting of private apartment or private room and central dining facilities and within which a supportive services program is provided to residents who are unable to live independently without assistance, yet do not require the constant supervision or intensive health care available at nursing homes or hospitals.  Where a permitted use, residential care facilities shall have a density no greater than the minimum lot size for the district plus 20,000 square feet of net residential area per private apartment or private room.)

 

Residential Dwelling Unit ‑ A room or group of rooms designed and equipped exclusively for use as permanent, seasonal, or temporary living quarters for only one family.  The term shall include mobile homes, but not recreational vehicles. (Remove.)

 

Restaurant ‑ A commercial establishment where food and drink are prepared, served and consumed primarily within the principal building.  Outdoor seating is permitted. Drive‑through facilities are not included in this definition. (Remove.)

 

Restaurant ‑ A commercial establishment where food and drink are prepared, served and consumed primarily within the principal building.  Outdoor seating is permitted. Drive‑through facilities are not included in this definition (see Retail Business). Providing food to patrons shall clearly be the primary use and the serving of alcoholic beverages shall be ancillary (see Tavern).

 

Retail Business - An establishment primarily engaged in the direct sale, rental, or lease of goods or services to the ultimate consumer for direct consumption and/or use and not for resale.  Retail Business includes banks, credit unions, hairdressers, convenience stores, redemption centers, _____________, ____________, and excludes other uses specifically defined in this Ordinance.  Any establishment that provides direct services to customers in their vehicles, such as drive-through service, is considered a retail business. (All activities shall be conducted entirely within an enclosed building unless outdoor storage is clearly ancillary and necessary and approved by the PB?)

 

Retail Trade ‑ Any business engaged primarily in the sale, rental or lease of goods and/or services individually or in small quantities to the ultimate consumer for direct consumption and/or use, and not for resale.  Retail trade shall not include other commercial uses specifically defined. (Remove.)

 

Riding Stable - The indoor or outdoor commercial use of a structure and/or property for the keeping, maintenance, and exercising of horses or similar animals, which may include boarding stables, indoor/outdoor riding arena(s), barns, riding schools, corrals, and paddocks accessory and incidental to these uses.  Stables utilized for the keeping and exercising of equines for the private use of the occupants, and their guests, of a principle residential dwelling located on the same parcel shall be considered an accessory residential use provided that: (1) the stable facilities are clearly incidental to the primary residential use of the property; and, (2) in no event shall any such facilities be rented, leased, bartered, or sold to any person. Animal Husbandry standards shall also apply. (Should the performance standards be pulled out of this definition and combined with Animal Husbandry standards to create a set of stds specifically for this use?) A riding stable for strictly personal use shall comply with the performance standards for “Animal Keeping for personal use/enjoyment”.

 

Riprap ‑ Rocks irregularly shaped, and at least six (6) inches in diameter, used for erosion control and soil stabilization, typically used on ground slopes of two (2) units horizontal to one (l) unit vertical or less.

 

River ‑ A free‑flowing body of water including its associated flood plain wetlands from that point at which it provides drainage for a watershed of twenty five (25) square miles to its mouth.

 

Road or Street ‑ For the purpose of this Ordinance and for determining minimum road frontage requirements, a road is considered to be: (a) any public way maintained by public authority, excluding a limited access highway; (b) a private way fifty (50) feet in width; or (c) a private way shown on a recordable plan, approved by the Planning Board.  Approval of private or minimum road frontage requirements shall in no way be construed to imply acceptance by the Town of Casco for the purposes of maintenance, improvement or other Town services.

 

School ‑ Includes  parochial, private, public and nursery school, college, university and accessory uses; and shall include commercially operated schools of beauty culture, business, driving, music, dance and similar establishments.(Remove.)

 

School ‑ A building or part thereof used for education or instructing children through the secondary level (K-12) whether publicly or privately operated specifically excluding boarding schools.  Any educational facility that includes boarding of students, including K-12, is considered a College for the purposes of this Ordinance.  Educational facilities for adults, including trade schools, are specifically excluded (see Retail Business). Note: Trade School not currently included in another definition)

 

School, K-12 ‑ A building or part thereof used for education or instructing children through the secondary level (K-12) whether publicly or privately operated specifically excluding boarding sc