Town of Windham - Definitions

ABUTTING LAND A lot of land currently listed by the Windham Tax Assessor, having a common border with or being separated from such a common border by a right-of-way or easement, or another lot of land currently listed by the Windham Tax Assessor. For the purposes of this chapter, the owners of properties shall be considered to be those parties currently listed by the Windham Tax Assessor against whom taxes are assessed.

ACCESSORY APARTMENT An independent dwelling unit that has been added onto, or created within, a single-family detached dwelling or accessory building to a single-family detached dwelling.

ACCESSORY BUILDING See definition of "building, accessory."

ACCESSORY USE See definition of "use, accessory."

ADULT AMUSEMENT DEVICE Any device capable of showing, by audio or visual reproduction, projection or otherwise, and used primarily to display materials containing details, descriptions or narrative accounts of acts of sexual stimulation, intercourse or deviation, the dominant theme of which is an appeal to the prurient interest of the listener or viewer within a cubicle or other enclosed area.

ADULT BUSINESS ESTABLISHMENT Any retail business, including but not limited to any bookstore, newsstand, novelty store, nightclub, bar, cabaret, amusement arcade or theater, which:

A. Keeps for public patronage or permits or allows the operation of any adult amusement device as defined in this section.

B. Customarily exhibits motion pictures or displays any other visual representation described or advertised as being X-rated or for adults only or which customarily excludes persons from any portion of the premises by reason of immaturity of age by the use of such or similar phrases.

C. Maintains a substantial inventory of sexually oriented or sexually explicit materials.

D. Customarily provides entertainment primarily involved with the explicit depiction or description of sexual intercourse or sexual acts (as defined in 17-A M.R.S.A. § 251).

ADULT USE MARIJUANA STORE A facility licensed under 28-B M.R.S.A. Chapter 1 to purchase adult use marijuana, immature marijuana plants and seedlings from a cultivation facility, to purchase adult use marijuana and adult use marijuana products from a manufacturing facility and to sell adult use marijuana, adult use marijuana products, immature marijuana plants and seedlings to consumers.

AFFORDABLE HOUSING DEVELOPMENT

A. For rental housing, a development in which a household whose income does not exceed 80% of the area median income as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford 51% or more of the units in the development without spending more than 30% of the household's monthly income on housing costs; and

B. For owned housing, a development in which a household whose income does not exceed 120% of the area median income as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford 51% or more of the units in the development without spending more than 30% of the household's monthly income on housing costs.

C. For purposes of this definition, "housing costs" means:

(1) For a rental unit, the cost of rent and any utilities (electric, heat, water, sewer, and/or trash) that the household pays separately from the rent; and

(2) For an ownership unit, the cost of mortgage principal and interest, real estate taxes (including assessments), private mortgage insurance, homeowner's insurance, condominium fees, and homeowners' association fees.

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

AGREEMENT This Contract Zoning Agreement entered into among the Owner and the Town.

AGRICULTURE The production, storage, keeping, harvesting, grading, packaging, processing, boarding, or maintenance, for sale, lease, or personal use, of plants and animals useful to humans, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest berries; vegetables; nursery, floral, ornamental, and greenhouse products. Agriculture does not include forestry or sawmills, as defined in this chapter.

AGRICULTURE, PIGGERY A premises, area, fenced enclosure, building or structure, or portion thereof, used or designed for the keeping of pigs.

AGRICULTURE, POULTRY FACILITY A premises, area, fenced enclosure, building or structure, or portion thereof, used or designed for the keeping of poultry or fowl.

ANTENNA Any structure or device used for the purpose of wirelessly transmitting or receiving electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), or wireless telecommunication signals, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whip antennas.

APPLICANT
The individual who completes the initial permit forms and accepts responsibility for compliance with pertinent rules, regulations and restrictions. The applicant may or may not be the owner. If the applicant is not the owner, he/she must have written permission to act on the owner's behalf. Refer to § 185-16C(2).

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

AREA MEDIAN INCOME

The midpoint of the Portland, Maine Metropolitan Statistical Area income distribution calculated on an annual basis by the U.S. Department of Housing and Urban Development.

AREA OF SPECIAL FLOOD HAZARD The land in the floodplain having a 1% or greater chance of flooding in any given year, as specifically identified by the Federal Emergency Management Agency in a report entitled "Flood Insurance Study — Town of Windham, Maine, Cumberland County."

ARTERIAL STREET A major thoroughfare which serves as a major traffic way for travel between and through the Town. For the purpose of this chapter, only the following roadways shall be classified as arterial streets: Route 302, Route 202, Route 115, Route 35, River Road, and Falmouth Road.

ARTIST STUDIO A place of work for an artist, artisan, or craftsperson, including persons engaged in the application, teaching, or performance of fine arts, such as, but not limited to, drawing, vocal or instrumental music, painting, sculpture, writing, woodworking, sewing, and saw sharpening.

ASSISTED LIVING FACILITY Residences for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation.

ASSOCIATION The nonprofit corporation which may be formed pursuant to the Maine Condominium Act to operate and administer a portion of the Property.

AUCTION HOUSE A place where objects or art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other.

AUTOMOBILE AUCTION FACILITY Any parcel of land, building or other premises, or portion thereof, which is used for the temporary storage of whole, wrecked automobiles that are offered for sale by an automobile auction business. This use does not include automobile graveyards, automobile recycling businesses or junkyards, as defined according to 30-A M.R.S.A. § 3752, as amended from time to time.

AUTOMOBILE GAS STATION Any building, land area, or other premises, or portion thereof used for the retail dispensing or sales of vehicular fuels and as an accessory use the sale of lubricants, tires, batteries, and similar vehicle accessories. The sale of additional items or services on the same site must also be allowed by the applicable zoning district(s). (See definitions of "retail sales, minimart"; "automobile repair services.")

AUTOMOBILE GRAVEYARD An "automobile graveyard" shall be defined according to 30-A M.R.S.A. § 3752, as amended from time to time.

AUTOMOBILE REPAIR SERVICES Establishments primarily engaged in the maintenance and repair of passenger vehicles, pickup trucks, all classes of commercial trucks and similar vehicles. The type of work typically provided includes, but is not limited to, engine tune-ups and overhauls, transmission repairs, glass repair and replacement, oil changes, tire repairs and replacement, brake and muffler work, bodywork, painting and diagnostic tune-ups.

AUTOMOBILE SALES See "retail sales, automobile sales."

AUTOMOBILE STORAGE LOT A parcel of land, building, or facility that is used for the temporary storage of wrecked, towed or impounded motor vehicles usually awaiting insurance adjustments, reclamation by titleholders or their agents, or transport to a repair shop.

BACKLOT See definition of "lot, backlot."

BANK A bank or similar financial institution.

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

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

BASEMENT Any portion of a structure with a floor-to-ceiling height of six feet or more and having more than 50% of its volume below the existing ground level.

BED-AND-BREAKFAST INN Overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation.

BLOCK A parcel or parcels of land surrounded by streets.

BOARDING HOME FOR SHELTERED CARE A group home for the sheltered care of persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation. This definition does not include facilities for the treatment of substance abuse.

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

BUFFER

A combination of physical space and vertical elements, such as plants, berms, fences, or walls, the purpose of which is to separate and screen incompatible adjacent or proximate land uses.

BUFFER YARD

A unit of land, together with a specified type and amount of planting thereon, and any structures such as but not limited to fences, retaining walls and berms, which may be required between land uses to eliminate or minimize conflicts. (See Article 5 Performance Standards)

BUILDING Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind. (See definition of "structure.")

BUILDING COVERAGE The ratio of the horizontal area, measured from the exterior surface of the exterior walls of the ground floor, of all principal and accessory buildings on a lot to the total lot area.

BUILDING FOOTPRINT The area encompassed by a building's outer wall at ground level.

BUILDING HEIGHT The vertical distance from grade plane to the average height of the highest roof surface.

BUILDING, ACCESSORY A subordinate building detached from but located on the same lot as the principal building, the use of which is incidental to that of the principal building.

BUILDING, PRINCIPAL A building in which is conducted the principal use of the lot on which it is located.

BUREAU OF FORESTRY
State of Maine Department of Agriculture, Conservation and Forestry, Bureau of Forestry.

BUSINESS AND PROFESSIONAL OFFICE The place of business of lawyers, accountants, financial advisors, architects, surveyors, real estate and insurance businesses, psychiatrists, counselors, and the like, or in which a business conducts its administrative, financial or clerical operations, including banks, other financial services and call centers. This also includes the office functions of publishing and media businesses (see definition of "industry, light" for printing operations).

CALL CENTER A functional area within an organization or an outsourced, separate facility that exists solely to answer inbound or place outbound telephone calls; usually a sophisticated voice operations center that provides a full range of high-volume, inbound or outbound call-handling services, including customer support, operator services, directory assistance, multilingual customer support, credit services, card services, inbound and outbound telemarketing, interactive voice response and web-based services. (See definition of "business and professional office.")

CAMPGROUND, COMMERCIAL Any premises providing temporary accommodation to the public for a fee in a recreational vehicle or tent.

CAMPGROUND, PERSONAL Any premises providing temporary accommodation on three or fewer campsites in a recreational vehicle or tent and used exclusively by the owner of the property and his or her family and friends. The definition of a personal campground does not include the storage of recreational vehicles.

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

CENTRAL SEWAGE SYSTEM A wastewater disposal system that receives wastewater from two or more structures. 

CHILD CARE, FAMILY HOME A home used to provide child care in the resident's home on a regular basis, for consideration, for three to 12 children under 13 years of age who are not the children of the provider.

CHILD-CARE FACILITY A building in which a person maintains or otherwise carries out a regular program, for consideration, for any part of a day providing care and protection for children under 13 years of age.

CLEAR ZONE The area adjacent to a street (measured from the edge of the travel lane) in which fixed objects or obstructions are not permitted. Fixed objects include, but are not limited to, trees, signs, utility poles, walls, boulders, and mailboxes.

CLUB A group organized for a common purpose, goal, interest, or activity, usually social, religious, cultural or educational in nature, usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, a constitution, and bylaws.

CLUSTER SUBDIVISION A form of development that permits a reduction in lot area and bulk requirements, and the remaining land area is devoted to open space, active recreation, preservation of environmentally sensitive areas, or agriculture.

COMMERCIAL STREET A street that provides frontage in the C-1 and C-2 Zoning Districts, primarily in areas dominated with nonresidential uses.

COMMERCIAL USE The use of lands, buildings, or structures, other than a home occupation (defined below in this section), 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.

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

COMPREHENSIVE PLAN A document or interrelated documents adopted by the municipal officers, containing the elements established under 30-A M.R.S.A. § 4326, Subsections 1 to 4, including the strategies for an implementation program which are consistent with the state goals and guidelines established under 30-A M.R.S.A. §§ 4312 et seq.

CONDITIONAL USE A use which shall be authorized when all of the conditions of § 120-516 and other applicable provisions of this chapter have been met.

CONSTRUCTION SERVICES, HEAVY A business engaged in the construction and maintenance of infrastructure, including road and utility construction or paving. This use is characterized by specialized heavy equipment, including graders, loaders, backhoes, dump trucks, cement mixers, etc. This use includes indoor repair, maintenance, or storage of contractor's vehicles, machinery, equipment or materials and space for the contractor's business office.

A. HEAVY CONSTRUCTION SERVICES, MAJOR
A business with four or more vehicles types that are classified by the Federal Highway Administration as Class 6-13 vehicles.

B. HEAVY CONSTRUCTION SERVICES, MINOR
A business with three or fewer vehicles types that are classified by the Federal Highway Administration as Class 6-13 vehicles.

CONTRACT ZONE PLAN The plans entitled "Exhibit C - Contract Zone Plan" prepared by Northeast Civil Solutions dated May 11, 2005 consisting of sheets #1 (site) and #2 (phasing), the accompanying notes and related materials approved by the Town Council, reduced copies of which are attached hereto as Exhibit C, as they may be amended from time to time pursuant to the provisions of the Windham Site Plan Ordinance (Chapter 140-38) and Subdivision Regulations (the "Contract Zone Plan").

See the end of Appendix G for all Exhibits.

CONTRACTOR SERVICES A business engaged in the construction, renovation, maintenance or repair of residential or commercial buildings and structures, including building systems exterior to those buildings or structures. Such businesses include, but are not limited to, plumbing, painting, building, well drilling, carpentry, masonry, electrical, roofing, heating, cooling and ventilation systems, and siding. This use includes indoor repair, maintenance, or storage of contractor's vehicles, machinery, equipment or materials and space for the contractor's business office.

CONTRACTOR SERVICES, LANDSCAPING A business engaged in the decorative and functional alteration, planting and maintenance of residential and commercial grounds, including winter maintenance, like snow plowing and shoveling services. Such a business may engage in the installation and construction of underground improvements but only to the extent that such improvements (e.g., drainage or irrigation) are accessory to the principal business and are necessary to support or sustain the landscaped surface of the ground.

CONTRACTOR STORAGE YARD A portion of a lot or parcel used for the outdoor storage of equipment, vehicles, machinery, or materials used by and accessory to on-site contractor services or contractor services, landscaping, or heavy construction services.

CONTROLLED ACCESS STREET A street which serves primarily as a major traffic way for travel within the Town between two arterial streets. For the purpose of this chapter, only the following roadway shall be classified as a controlled access street: Manchester Drive. (See Commercial I and Commercial II District Standards.) (See § 120-521, Controlled access street, in Article 5, Performance Standards.)

CONVENTION CENTER A building, or portion thereof, designed to accommodate 300 or more people in assembly. For the purposes of this chapter, this definition does not include places of worship.

CORNER LOT See definition of "lot, corner."

CORNER LOTS
In districts where setbacks are required, such corner lots, located at the intersection of two streets, shall be deemed to have a side rather than a front setback between the principal building and the side street. Such side setback shall not be less than the front setback requirements of uses located on the side street. Such corner lots located at the intersection of two streets shall be deemed to have a side rather than a rear setback between the principal building and the abutting property on the side street. Such side setback shall not be less than the above side setback requirements of uses located on the side street. All such side setbacks described shall conform with the specific regulations related to setback space and related building height contained in the district provisions of this chapter.

CORRECTIONAL FACILITY, PUBLIC A publicly operated facility housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense.

CURB CUT The connection to a street, or opening along the curbline, at which point vehicles may enter or leave the roadway.

CURBED LANE A street that provides frontage in the C-1 and C-2 Zoning Districts, primarily in mixed-use areas or as a secondary road in a more commercial area.

DAY-CARE CENTER A home or other suitable structure which meets the state's licensing requirements for a day-care center and which cares for 13 or more children.

DAY-CARE HOME
A home or other suitable structure which meets the state's licensing requirements for day-care homes and which cares for three to 12 children.

DAYTIME HOURS Those hours between 7:00 a.m. and 7:00 p.m.

DEAD-END STREET A street with a single common ingress and egress.

DEGRADATION A significant decline in water body quality from present baseline conditions, including, but not limited to, turbidity, pH, dissolved oxygen content, temperature, concentrations of total coliform bacteria, and phosphorous.

DEMOLITION The removal of part, or all, of a building or structure.

DEVELOPABLE LAND Parcels, lots or sites that meet the requirements of developable land in Article 5: Performance Standards.

DEVELOPMENT Any change of land use including but not limited to the construction of buildings, parking lots, streets or utilities or the filling or cutting of land areas, or the cutting of trees which is done as part of the site preparation. "Development" does not, however, include normal agricultural operations, e.g., cultivation of soil, the raising of livestock, or the erection of fences, nor does it include for the purpose of subdivision or site plan review the erection of barns and other accessory farm buildings.

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

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

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DISTRIBUTION CENTER An establishment in which a building is used for the receipt, storage, and distribution of goods, products, cargo, and materials, including transshipment by boat, rail, air, or motor vehicle. Included in this definition are the breakdown and/or consolidation of orders for shipment. However, the retail sale, assembly, or processing of goods, products, cargo, or materials is not considered part of the distribution process.

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DRIVE-THROUGH FACILITY Any portion of a structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.

DRIVEWAY A route that provides access to no more than two lots from either a public or private right-of-way. A driveway shall not be used to provide frontage. (See the definition of "frontage" in this section.)

DWELLING A structure, or portion thereof, that is used exclusively for human habitation.

DWELLING UNIT One or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family.

DWELLING, MIXED-USE A building containing one or more dwelling unit(s) and one or more nonresidential use(s) where residential uses are located above the first story of a building that contains a nonresidential use on at least the first story. (See definition of "story.")

DWELLING, MULTIFAMILY A building containing three or more dwelling units. A multifamily dwelling may be attached to a nonresidential use.

DWELLING, SINGLE-FAMILY DETACHED A freestanding building containing one dwelling unit.

DWELLING, TWO-FAMILY A building containing two attached dwelling units. A two-family dwelling may, or may not, be attached to a nonresidential use.

EASEMENT A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.

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.

ENGINEER A civil engineer licensed by the State of Maine.

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

EXPANSION OF USE The addition of one or more months to a use's operating season; or the use of more footprint of a structure or ground area devoted to a particular use.

EXPANSIONS OF A STRUCTURE An increase in the footprint of a structure, including all extensions, such as, but not limited to, attached decks, garages, porches, and greenhouses.

FAMILY One or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a boardinghouse, lodging house, motel, or hotel as herein defined.

FARM ENTERPRISE A use accessory to agriculture which is dependent upon the property, buildings or on-site agricultural products or animals that would allow working farms to generate additional income from uses such as indoor or outdoor events, weddings, restaurants, lodging for special events and other on-farm activities not directly related to agriculture.

FISHERIES, SIGNIFICANT Areas identified by a government agency such as the Maine Department of Inland Fisheries and Wildlife, Atlantic Salmon Authority, or Maine Department of Marine Resources as having significant values as fisheries or any areas identified in the Town's Comprehensive Plan.

FITNESS CENTER An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers, massage rooms, and lockers to members and their guests.

FLOOD INSURANCE RATE MAP (FIRM) The official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the Town of Windham.

FLOODWAY The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation by more than one foot in height.

FLOOR AREA The sum of all horizontal areas of the floor(s) of a structure enclosed by exterior walls.

FOOTPRINT The entire area of ground covered by the structure(s) on a lot, including but not limited to cantilevered or similar overhanging extensions, as well as unenclosed structures, such as patios and decks.

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

FORESTRY The operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or the performance of forest services.

FOUNDATION The supporting substructure of a building or other structure, excluding wooden sills and post supports, but including basements, slabs, frost walls, or other base consisting of concrete, block, brick or similar material.

FRESHWATER WETLAND
A. Freshwater swamps, marshes, bogs and similar areas which are:

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

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

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

FRONT LOT LINE See definition of "lot line, front."

FRONT SETBACK The required distance on a lot between the front lot line and nearest building. For a shore lot, the front setback shall be measured from the shoreline (normal high-water mark) to the nearest building, and shall be a minimum of 100 feet. For other lots, the front setback shall be measured from the road.

FRONTAGE The length of the front lot line measured at the street right-of-way.

FUNCTIONALLY WATER-DEPENDENT USES Those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, inland waters and that cannot be located away from these waters. The uses include, but are not limited to, commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish-related storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boatbuilding facilities, marinas, navigation aids, basins and channels, shoreline structures necessary for erosion control purposes, industrial uses dependent upon waterborne transportation or requiring large volumes of cooling or processing water that cannot reasonably be located or operated at an inland site, and uses that primarily provide general public access to inland waters. Recreational boat storage buildings are not considered to be a functionally water-dependent use.

FUNERAL HOME A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.

GOLF COURSE A tract of land laid out for at least nine holes for playing the game of golf that may include a clubhouse, dining and snack bars, pro shop, and practice facilities.

GRADE PLANE A reference plane representing the average of finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by one of the following:

A. The lowest points within the area between the building and the lot line; or

B. Where the lot line is more than six feet from the building, the lowest points between the building and the lot line as measured at a point six feet from the building.

GREAT POND Any inland body of water which in a natural state has a surface area in excess of 10 acres, and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres except for the purposes of this chapter, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner.

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

GROSS FLOOR AREA (GFA) The sum of the gross horizontal areas of all enclosed stories of a building, including cellars, basements, mezzanines, penthouses, corridors, and lobbies, measured from the exterior face of the exterior walls, or from the center line of a common wall separating two buildings, but excluding any space with a floor-to-ceiling height of less than six feet six inches.

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

GROUNDWATER SENSITIVE AREA An area that has been identified as being particularly vulnerable to the discharge of pollutants from on-site sewage disposal systems due to its proximity to a groundwater aquifer and/or a wellhead.

HAZARD TREE A tree with a structural defect, combination of defects, or disease resulting in a structural defect that under the normal range of environmental conditions at the site exhibits a high probability of failure and loss of a major structural component of the tree in a manner that will strike a target. A normal range of environmental conditions does not include meteorological anomalies, such as, but not limited to, hurricanes, hurricane-force winds, tornados, microbursts, or significant ice-storm events. Hazard trees also include those trees that pose a serious and imminent risk to bank stability. A "target" is the area where personal injury or property damage could occur if the tree or a portion of the tree fails. Targets include roads, driveways, parking areas, structures, campsites, and any other developed area where people frequently gather and linger.

HAZARDOUS MATERIAL Hazardous material includes the following:

A. Highly combustible or explosive products or materials that are likely to burn with extreme rapidity or that may produce poisonous fumes or explosions.

B. Highly corrosive, toxic, or noxious alkalis, acids, or other liquids or chemicals producing flame, fume, or poisonous, irritant, or corrosive gases.

C. Materials producing explosive mixtures of dust or that result in the division of matter into fine particles subject to spontaneous ignition.

D. Any substance that is a present or potential danger to people or to the natural environment when deposited on land or discharged on or into water or ambient air.

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

HISTORIC OR ARCHAEOLOGICAL RESOURCES Areas identified by a government agency such as the Maine Historic Preservation Commission as having significant value as a historic or archaeological resource or any areas identified in the Town's Comprehensive Plan.

HOME OCCUPATION 1 An occupation or profession which is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit and clearly incidental and secondary to the use of the dwelling unit for residential purposes.

HOME OCCUPATION 2 An occupation or profession which is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit and clearly incidental and secondary to the use of the dwelling unit for residential purposes. Home occupation 2 uses must be approved by the Board of Appeals.

HOSPITAL An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including as an integral part of the institution related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.

HOTEL A facility offering transient lodging accommodations to the general public for a fee. Hotels may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities in those zoning districts in which these facilities are permitted.

HOUSEHOLD PETS Those animals normally considered as household companions, but not including horses, cows, sheep, goats, mink, swine, chickens, turkeys, or any animals raised for sale or for the sale of their products.

IMPERVIOUS AREA The ratio of the horizontal area of all impervious surfaces on a lot to the total lot area.

IMPERVIOUS SURFACE A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Examples include, but are not limited to, buildings, structures, and pavement. Surfaces with a percolation rate faster than 120 minutes per inch shall not be considered impervious.

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

INDIVIDUAL PRIVATE CAMPSITE An area of land which is not associated with a campground, but which is developed for repeated camping by only one group not to exceed 10 individuals and which involves site improvements which may include but not be limited to gravel pads, parking areas, fireplaces, or tent platforms.

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

INDUSTRIAL HEMP Any variety of cannabis sativa L. with a delta-9-tetrahydrocannabinol concentration that does not exceed 0.3% on a dry-weight basis and that is grown or possessed by a licensed grower in compliance with state law. For the purposes of this chapter, the use is treated the same as agriculture but shall also comply with the odor standards of § 120-537B.

INDUSTRIAL OR COMMERCIAL STREET Streets servicing industrial or commercial uses.

INDUSTRY, HEAVY A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using, flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. (See definitions of "manufacturing" and "manufacturing, hazardous.")

INDUSTRY, LIGHT A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, incidental sales and incidental distribution of such products, but excluding basic industrial processing.

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

JUNKYARD A yard, field or other outside area used to store, dismantle or otherwise handle:

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

B. Discarded, scrap and junked lumber; and

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

KENNEL, MAJOR An establishment in which five or more dogs, cats, or domesticated animals are boarded for a fee or compensation.

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KENNEL, MINOR An establishment in which four or fewer dogs, cats, or domesticated animals are boarded for a fee or compensation.

LANDSCAPED BUFFER STRIP See definition of "buffer strip, landscaped."

LANDSCAPED GREEN AREA An area of land which is landscaped with a ground cover of bark mulch, grass or other natural green plant material and which is then covered with trees or shrubs for all or part of its area. For the purposes of this chapter, the definition of a landscaped green area does not include materials such as concrete, asphalt, or hardscapes that have been painted green.

LEGISLATIVE BODY The Town Council of Windham, Maine.

LEVEL OF SERVICE The operational or service level of transportation infrastructure as determined by the most current edition of the "Highway Capacity Manual" published by the Transportation Research Board.

LOADING BAY An off-street space or berth used for the loading or unloading of cargo, products, or materials from vehicles.

LOCAL STREET, MAJOR A street designed for public acceptance which complies in width and construction with the specifications in § 120-911M, Traffic conditions and streets, § 120-911M(5), and has an estimated average daily traffic count of more than 400 vehicles per day.

LOCAL STREET, MINOR A street designed for public acceptance which complies in width and construction with the specifications in § 120-911M, Traffic conditions and streets, § 120-911M(5), and has an estimated average daily traffic count of 400 or fewer vehicles per day.

LOT The Lots composing individual portions of the Property as shown on Exhibit C, designed for separate subsequent Planning Board approval, development and use as set forth herein.

See the end of Appendix G for all Exhibits.

LOT A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.

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 LINE The boundary line of a lot.

LOT LINE, FRONT The lot line separating a lot from a street right-of-way or the portion of a lot that abuts a street right-of-way.

LOT LINE, REAR

LOT LINE, SIDE Any lot line other than a front or rear lot line.

LOT, BACKLOT A lot that does not have the required minimum frontage directly on a public street and meets the standards of § 120-533, Lot, backlot.

LOT, CORNER A lot abutting on and at the intersection of two or more streets.

LOT, DEVELOPABLE See definition of "developable land."

LOT, INTERIOR A lot other than a corner lot.

LOT, THROUGH A lot that fronts on two parallel streets or that fronts on two streets that do not intersect at the boundaries of the lot.

LUMBER YARD An area and structures used for the storage, distribution, and sale of finished or rough-cut lumber and lumber products. Lumber yards shall be classified as "retail sales."

MAJOR SUBDIVISION Any subdivision containing five or more lots or dwelling units.

MANUFACTURED HOUSING Manufactured housing shall be defined according to 30-A M.R.S.A. § 4358, as amended from time to time.

MANUFACTURING Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors.

MANUFACTURING, HAZARDOUS A building or structure or any portion thereof that is used for the storage, manufacture, or processing of the following:

A. Highly combustible or explosive products or materials that are likely to burn with extreme rapidity or that may produce poisonous fumes or explosions.

B. Highly corrosive, toxic, or noxious alkalis, acids, or other liquids or chemicals producing flame, fume, or poisonous, irritant, or corrosive gases.

C. Materials producing explosive mixtures of dust or that result in the division of matter into fine particles subject to spontaneous ignition.

MARIJUANA The leaves, stems, flowers and seeds of a marijuana plant, whether growing or not. "Marijuana" includes marijuana concentrate but does not include hemp as defined in 7 M.R.S.A. § 2231, Subsection 1-A, or a marijuana product.

MARIJUANA BUSINESSES Includes adult use marijuana store, marijuana cultivation facility, marijuana testing facility, marijuana manufacturing facility, medical marijuana registered caregivers, medical marijuana caregiver retail store, marijuana registered dispensary and medical marijuana registered caregiver (home occupation).

MARIJUANA CULTIVATION FACILITY A facility used to purchase marijuana plants and seeds from other cultivation facilities; to cultivate, prepare and package adult use marijuana; to cultivate medical marijuana that exceeds 1,000 square feet floor area; to sell marijuana to products manufacturing facilities, stores and to other cultivation facilities; and to sell marijuana plants and seeds to other cultivation facilities and immature marijuana plants and seedlings to marijuana stores. Cultivation facilities may be of the following types:

A. TIER 1 MARIJUANA CULTIVATION FACILITY
Not more than 500 square feet of plant canopy.

B. TIER 2 MARIJUANA CULTIVATION FACILITY
Not more than 2,000 square feet of plant canopy.

C. TIER 3 MARIJUANA CULTIVATION FACILITY
Not more than 7,000 square feet of plant canopy.

D. TIER 4 MARIJUANA CULTIVATION FACILITY

Not more than 20,000 square feet of plant canopy.

MARIJUANA MANUFACTURING FACILITY
A. A registered Tier 1 or Tier 2 manufacturing facility, as designated by state law, or a person authorized to engage in marijuana extraction under 22 M.R.S.A. § 2423-F; or

B. A facility licensed under 28-B M.R.S.A. Chapter 1, Subchapter 2, to purchase marijuana from a cultivation facility or another products manufacturing facility; to manufacture, label and package marijuana and marijuana products; and to sell marijuana and marijuana products to marijuana stores and to other products manufacturing facilities.

MARIJUANA REGISTERED DISPENSARY An entity registered under 22 M.R.S.A. § 2425-A that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses marijuana plants or harvested marijuana or related supplies and educational materials to qualifying patients and the caregivers of those patients.

MARIJUANA TESTING FACILITY A public or private laboratory that is authorized and accredited in accordance with state law for the research and analysis of marijuana, marijuana products or other substances for contaminants, safety or potency.

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

MEDICAL MARIJUANA CAREGIVER RETAIL STORE A store that has attributes generally associated with retail stores, including, but not limited to, a fixed location, a sign, regular business hours, accessibility to the public and sales of goods or services directly to a consumer, and that is used by a registered caregiver to offer marijuana plants or harvested marijuana for sale to qualifying patients.

MEDICAL MARIJUANA REGISTERED CAREGIVER A person or an assistant of that person that provides care for a qualifying patient in accordance with state law and licensing and is registered with the state in accordance with state law.

MEDICAL MARIJUANA REGISTERED CAREGIVER (HOME OCCUPATION) A person or an assistant of that person that provides care for a qualifying patient in accordance with state law and licensing and is registered with the state in accordance with state law and in accordance with the home occupation permitting and operational standards of this chapter.

MEDICAL OFFICE A building housing one or more offices of doctors, such as doctors of medicine, dentistry, or non-boarding veterinary clinics.

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

MINERAL EXTRACTION The removal, processing and storage of topsoil, loam, rock, sand, gravel, stone, and other earth materials.

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

MINOR SUBDIVISION Any subdivision containing not more than four lots or dwelling units.

MOBILE HOME PARK "Mobile home park" shall be defined according to 30-A M.R.S.A. § 4358, as amended from time to time.

MOTEL A building or group of attached or detached buildings containing guest rooms or dwelling units most of which have separate outside entrances and parking spaces nearby intended to be used by automobile transients for compensation.

MULTIFAMILY DEVELOPMENT A development that will contain three or more dwelling unites created in any five-year period on one or more lots. For purposes of this definition, multifamily development is only reviewed on multiple lots if they have been under the same ownership within the last five years prior to the creation of the third unit.

MULTI-FAMILY DWELLING A building with two or more Dwelling Units, subject to the limitations on numbers of units, units per building, location and age restrictions set forth in this Agreement.

MUNICIPAL OFFICER Any member of the Town Council of the Town of Windham.

MUNICIPAL OFFICIAL Any elected or appointed official of the Town of Windham.

MUNICIPAL REVIEW AUTHORITY The board designated by either the State of Maine or this chapter to hear and decide upon specified applications.

MURALS Hand-painted, hand-tiled, digitally printed, or other created images (which may contain lettering), on or affixed to the exterior wall of a building, but which do not contain any commercial message, including advertising copy, symbols, lettering/font, logos or other such recognized branding related to products or services provided on or in the premises.

NATIVE Indigenous to the local forests.

NATURAL AREAS AND NATURAL COMMUNITIES, UNIQUE Areas identified by a government agency such as the Maine Department of Agriculture, Conservation and Forestry Natural Areas Program as having significant value as a natural area or any areas identified in the Town's Comprehensive Pla

NET RESIDENTIAL AREA OR ACREAGE The area of a parcel which is suitable for division as determined by the standards for net residential density in Article 5: Performance Standards.

NET RESIDENTIAL DENSITY The number of dwelling units per net residential acre.

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

NONCONFORMING LOT A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this chapter but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

NONCONFORMING STRUCTURE OR BUILDING A structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this chapter but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of this chapter.

NONCONFORMING USE A use or activity that was lawful prior to the adoption, revision, or amendment of this chapter but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

NONINTENSIVE RECREATIONAL USE Recreational use not requiring structures, i.e., hunting, fishing and hiking.

NONNATIVE INVASIVE SPECIES OF VEGETATION Species of vegetation listed by the Maine Department of Agriculture, Conservation and Forestry as being invasive in Maine ecosystems and not native to Maine ecosystems.

NORMAL HIGH-WATER LINE That line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. Areas contiguous with rivers and great ponds that support nonforested wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the river or great pond during the period of normal high-water are considered part of the river or great pond.

NURSING HOME An institution or a part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood, or adoption.

OFFICIAL MAP The Land Use Map adopted by the Town of Windham, Maine on May 25, 1976, as amended from time to time.

OFFICIAL SHORELAND ZONING MAP The most current map delineating the shoreland zones adopted by the Town of Windham, Maine, as amended from time to time, in accordance with the provisions of 38 M.R.S.A. § 435 et seq.

OFF-STREET PARKING SPACE A temporary storage area for a motor vehicle that is not located on a dedicated street right-of-way.

OPEN SPACE Land set aside for permanent protection from development within a cluster subdivision. Open space uses may include passive and/or active use, including play fields and playgrounds, for preservation of environmentally sensitive areas, agriculture, forestry, or buffers.

ORDINANCE The Town of Windham Land Use, Shoreland Zoning and as applicable the Subdivision Ordinances as set forth in Chapters 140 (now Article 9: Subdivision Review), 199 and 215 of the Town's Code of Ordinances.

OTHER A land use category that includes all uses not specifically defined in this section and listed as permitted uses in a zoning district.

OUTLET STREAM Any perennial or intermittent stream, as shown on the most recent highest resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map, that flows from a freshwater wetland.

OUTSIDE SALES or OUTDOOR SALES See definition of "retail sales, outdoor."

OWNER(S) Collectively, VLF, LLC and SWHCorp, and their respective successors and assigns.

PARCEL A. A piece or area of land formally described and recorded with map, block and lot numbers, by metes and bounds, by ownership, or in such a manner as to specifically identify the dimensions and/or boundaries.<br /> <br /> B. Informally, as land in general.

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PARK, PUBLIC A tract of land available to the general public for recreational purposes. Public parks do not include recreation facilities that are fully enclosed.

PARKING SPACE All streets and roads within the Project shall remain private, and shall not be maintained by Town. The paved surface for private streets and internal travel aisles may range from 22-30 feet in width, exclusive of turn around and pull off parking areas, in accordance with the Contract Zone Plan for the Property. The required "right of way" for each street under the Subdivision Ordinance including the pavement, sidewalk and utility installation area need only be a minimum of 30 feet in total width, which need not be centered on the pavement, and may otherwise have the locations and dimensions as shown on the Contract Zone Plan notwithstanding the otherwise applicable Ordinance requirements for such streets.

PERMITTED USE The use of any building or land in a manner subject to the express conditions and limitations stated in this chapter.

PERSON Includes an individual, firm, association, organization, partnership, trust, company or corporation.

PHASE Each portion of the Property designated on Exhibit C to be separately developed in stages substantially as shown on Exhibit C.

See the end of Appendix G for all Exhibits.

PIERS, DOCKS, WHARVES, BRIDGES AND OTHER STRUCTURES AND USES EXTENDING OVER OR BEYOND THE NORMAL HIGH-WATER LINE OR WITHIN A WETLAND Permanent structures which remain in or over the water for seven months or more in any period of 12 consecutive months.

PLACE OF WORSHIP A church, synagogue, temple, mosque, or other facility that is used for prayer by persons of similar beliefs. This definition shall also include a special-purpose building that is architecturally designed and particularly adapted for the primary use of conducting formal religious services on a regular basis. Educational and child-care activities that are conducted outside of the facility's religious services or gatherings shall be defined separately in this chapter.

PLANNING BOARD The Planning Board of the Town of Windham.

PRINCIPAL USE See definition of "use, principal."

PRIVATE ROAD, MAJOR A street constructed on or after October 22, 2009, that complies in width and construction with the specifications for private roads in § 120-911M, Traffic conditions and streets, § 120-911M(5), and serves more than 10 lots.

PRIVATE ROAD, MINOR A street constructed on or after October 22, 2009, that complies in width and construction with the specifications for private roads in § 120-911M, Traffic conditions and streets, § 120-911M(5), and serves 10 or fewer lots.

PRIVATE WAY A street that was constructed prior to October 22, 2009, that does not meet the specifications for private roads in § 120-911M, Traffic conditions and streets, Subsection M(5), and that has not been accepted by the Town of Windham. Private ways do not include accessways typically referred to as "tote roads" or "woods roads."

PROPERTY The real property located on Route 202 and Depot Street as described in Exhibit A.

See the end of Appendix G for all Exhibits.

PUBLIC BUILDING
A. Any building, structure or installation used exclusively for public purposes by any department or branch of government.

B. Buildings, structures or installations of an institutional nature and serving a public need, such as schools; libraries; museums; post offices; public safety, public works, and public utilities and services.

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

PUBLIC STREET Any street that complies in width and construction with the standards for public streets in Article 9, Subdivision Review, or a street meeting lesser standards that the Town of Windham agrees to accept. (See Article 9, Subdivision Review.)

PUBLIC UTILITY FACILITY Buildings, structures, or facilities, including switching stations, owned by a registered public utility, relating to the furnishing of utility services, such as electric, gas, telephone, water, and sewer, to the public. This definition shall not include the following buildings, structures or facilities (see Article 5, Performance Standards):

A. Wireless telecommunications tower and facility (see definition).

B. Pump station (see definition of "pump station"; see § 120-544, Pump station, in Article 5, Performance Standards).

C. Solar energy system (see definition).

PUMP STATION A building or structure containing the necessary equipment to pump sanitary sewage or public water to a higher elevation.

REAR SETBACK The required distance on a lot between the rear lot line and the nearest building. For a shore lot, the rear setback shall be measured from the nearest building to the lot line opposite the shore.

RECENT FLOODPLAIN SOILS The following soil series are indigenous to the Town of Windham as described and identified by the National Cooperative Soil Survey:

Alluvial	Hadley	Limerick	Fryeburg
Ondawa	Podunk	Rumney	Lovewell
Saco	Suncook	Medomak	Cornish
Sunday	Charles	Winooski

RECREATION FACILITY, INDOOR The use of a building for play, sports, games, and other similar diversions. (See definition of "fitness center.")

RECREATION FACILITY, OUTDOOR The use of a land outside of a fully enclosed building, as defined, for play, sports, games, and other similar diversions.

RECREATION, PASSIVE Activities that involve relatively inactive or less energetic activities, such as walking, sitting, picnicking, and board and table games.

RECREATIONAL FACILITY A place designed and equipped for the conduction of sports, leisure-time activities, and other customary and usual recreational activities, excluding boat-launching facilities.

RECREATIONAL VEHICLE A vehicle or an attachment to a vehicle designed to be towed, and designed for temporary sleeping or living quarters for one or more persons, and which may include a pickup camper, travel trailer, tent trailer, camp trailer, and motor home. In order to be considered as a vehicle and not as a structure, the unit must remain with its tires on the ground, and must be registered with the State Bureau of Motor Vehicles.

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

RESEARCH LABORATORY A facility for investigation into the natural, physical or social sciences, which may include engineering and/or product development.

RESIDENTIAL DWELLING UNIT A room or group of rooms designed and equipped exclusively for use as permanent, seasonal or temporary living quarters for only one family at a time, and containing cooking, sleeping and toilet facilities. The term shall include mobile homes and rental units that contain cooking, sleeping and toilet facilities regardless of the time period rented. Recreational vehicles are not residential dwelling units.

RESIDENTIAL STREET A street that provides frontage in the C-1 and C-2 Zoning Districts, primarily in residential neighborhood settings.

RESTAURANT An establishment where food and drink are prepared, served and consumed. A restaurant may serve food to be taken from the premises for consumption.[6]

RETAIL SALES Establishments engaged in the selling or rental of goods or merchandise and in rendering services incidental to the sale of such goods.

RETAIL SALES, ACCESSORY The sale of goods or merchandise that are directly related to, or are the product of, the primary use located on the property.

RETAIL SALES, AUTOMOBILE SALES The use of any building, land area, or other premises principally for the display, sale, rental, or lease of new or used automobiles, light trucks, vans, trailers or recreation vehicles. This use includes any vehicle preparation, warranty, or repair work conducted as an accessory use.

RETAIL SALES, CONVENIENCE A retail establishment of up to 1,500 square feet selling primarily food products, household items, newspapers and magazines, candy, and beverages, and a limited amount of freshly prepared foods such as sandwiches, pizzas, and salads.

RETAIL SALES, MINIMART A convenience store that is located on the same lot and is accessory to an automobile gas station. (See definition of "retail sales, convenience".)

RETAIL SALES, NURSERY The growing, cultivation, storage, and sale of garden plants, flowers, trees, shrubs, and fertilizers, as well as the sale of garden tools and similar accessory and ancillary products, to the general public. A nursery may also include a greenhouse structure in which plants, vegetables, and flowers are grown for sale.

RETAIL SALES, OUTDOOR The display or sale of products and services outside of a building. This includes, but is not limited to, vehicles; garden supplies, flowers, shrubs, and other plant materials; boats and aircraft; farm equipment; motor homes; burial monuments; building and landscape materials; and lumber. This definition does not include yard sales conducted on residential properties.

RETIREMENT COMMUNITY Any age-restricted development, which may be in any housing form, including detached and attached units, apartments, and residences, offering private and semiprivate rooms.

RIDING STABLE Any land or structure designed, intended or used for the keeping of horses or ponies for hire, either with or without instruction in riding.

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

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

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

ROAD SETBACK The required distance on a lot between a road and the nearest building.

ROADSIDE STAND A structure for the display and sale of agricultural products.

ROCKERY (or ROCKERIES) Rough rocks stacked in an interlocking pattern without concrete, mortar, or steel reinforcement. Neither mechanical nor physical connections are made between the individual rocks; interlocking is accomplished through proper rock layout, rock weight, and frictional interaction.

ROOMING HOUSE A building used for temporary occupancy of individuals who are lodged with or without meals and in which bathroom and kitchen facilities may be shared.

SAPLING A tree species that is less than two inches in diameter at 4 1/2 feet above ground level.

SAWMILL, PERMANENT A facility where logs are cut into boards or timbers; a mill or machine for sawing logs or producing firewood that is in operation on a permanent basis.

SAWMILL, TEMPORARY A facility where logs are cut into boards or timbers, a mill or machine for sawing logs or producing firewood that is in operation for a cumulative duration of two months or fewer in any twelve-month period. This definition does not include the use of handheld chain saws.

SEEDLING A young tree species that is less than 4 1/2 feet in height above ground level.

SELF-STORAGE FACILITY A building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time. (See definition of "warehousing, public.")

SERVICE BUSINESS Establishments primarily engaged in providing assistance, as opposed to products, to individuals, business, industry, government, and other enterprises.

SERVICE BUSINESS, COMMERCIAL Establishments primarily engaged in providing services to business establishments on a fee or contract basis. This includes, but is not limited to, advertising and mailing, building maintenance, employment services, management and consulting services, protective services, equipment rental and leasing.

SERVICE BUSINESS, PERSONAL Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. This includes, but is not limited to, laundry or dry-cleaning services, beauty shops, barbershops, shoe repair, and clothing rental.

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

A. In the case of electric service:

(1) The placement of wires and/or the installation of utility poles is located entirely upon the premises of the customer requesting service or upon a roadway right-of-way; and

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

B. In the case of telephone service:

(1) The extension, regardless of length, will be made by the installation of telephone wires to existing utility poles; or

(2) The extension requiring the installation of new utility poles or placement underground is less than 1,000 feet in length.

SETBACK The distance between any structure and the nearest lot line or street.

SETBACK LINE That line that is the required minimum distance from any lot line and that establishes the area within which any structure may be erected or placed.

SETBACK, REAR The distance between any structure and the rear lot line or street and measured perpendicular to the structure to the closest point of the rear lot line or street.

SETBACK, REQUIRED The minimum distance between any structure and a lot line or street within which no structure is permitted to be located except as provided in this chapter.

SETBACK, SIDE The distance between any structure and the side lot line or street and measured perpendicular from the side lot line or street to the closest point of the structure.

SEXUALLY EXPLICIT The display or depiction of sex organs during actual or simulated sexual intercourse or sexual acts as defined in 17-A M.R.S.A. § 251.

SHIPPING CONTAINER A freestanding container typically assembled with steel and/or aluminum. The container typically does not have wheels, but rather is transported via a flatbed truck, rail cars, or ship. The container is used for the transportation and/or storage of goods and materials.

SHORE FRONTAGE The length of a lot bordering on a water body or wetland measured in a straight line between the intersections of the lot lines with the shoreline at normal high-water elevation.

SHORELAND ZONE The land area located within 250 feet, horizontal distance, of the normal high-water line of any pond, great pond classified GPA or river, upland edge of a freshwater wetland; or within 100 feet of the normal high-water line of a stream; or within an area as depicted on the Official Town of Windham Land Use District Map as a General Development, Limited Residential, Resource Protection, or Stream Protection District.

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

SIDE YARD The distance between a principal or accessory structure and a side lot line.

SIDEWALK A paved way for pedestrian traffic which is constructed parallel to a road.

SIGN A name, identification, description, emblem, trade name, trademark, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure, parcel or lot and which relates to an object, product, place, activity, person, institution, organization or business and as further described in § 120-712, Exemptions.

SITE PLAN The appropriate application scale drawing which accurately reflects site conditions, and other submissions as required by the site plan submissions, prepared by the applicant or qualified professional.

SLAUGHTERHOUSE A structure, building, or facility used to process live animals for human consumption.

SMALL ENGINE REPAIR The maintenance and repair of engines or motors used for the following types of equipment: power tools, lawn mowers, snowblowers and wood splitters. Small engine repair shall not include the maintenance or repair of engines or motors used in passenger vehicles, all-terrain vehicles (ATVs), mopeds, motorcycles and snowmobiles.

SMOKEHOUSE A structure, building, or facility used to process or cure animal meat or products through the use of smoke.

SOLAR ENERGY SYSTEM A solar energy system, consisting of solar panels combined with other associated components such as mounting racks, transformers, inverters and/or batteries, whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means. It may be roof-mounted or ground-mounted, and may be of any size as follows:

A. Small-scale solar energy system is one whose physical size based on total area projected over a roof or the ground is less than 25,000 square feet;

B.
Medium-scale solar energy system is one whose physical size based on total area projected over a roof or the ground is equal to or greater than 25,000 square feet but less than 43,560 square feet (one acre); and

C.
Large-scale solar energy system is one whose physical size based on total area projected over a roof or the ground is equal to or greater than 43,560 square feet.

STORM-DAMAGED TREE A tree that has been uprooted, blown down, is lying on the ground, or that remains standing and is damaged beyond the point of recovery as the result of a storm event.

STORY That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.

STORY ABOVE GRADE Any story having its finished floor surface entirely above grade except that a basement shall be considered as a story above grade when the distance from grade to finished surface of the floor above the basement is more than six feet for more than 50% of the total perimeter or more than 12 feet at any point.

STORY, BASEMENT That portion of a building which is partly or completely below grade.

STORY, FIRST The lowest story having its finished floor surface entirely above grade, except that a basement shall be considered the first story where the finished surface of the floor above the basement is:

A. More than six feet (1,829 mm) above grade plane;

B. More than six feet (1,829 mm) above the finished ground level for more than 50% of the total building perimeter; or

C. More than 12 feet (3,658 mm) above the finished ground level at any point.

STORY, MEZZANINE An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more then 1/3 of the area of the room in which the level or levels are located.

STORY, SECOND The story directly above the first story of a structure.

STREAM A free-flowing body of water from the outlet of a great pond or the confluence of two perennial streams as depicted on the most recent, highest resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map to the point where the stream becomes a river or where the stream meets the shoreland zone of another water body or wetland. When a stream meets the shoreland zone of a water body or wetland and a channel forms downstream of the water body or wetland as an outlet, that channel is also a stream..

STREET Public or private roads or ways such as alleys, avenues, boulevards, highways, roads, and other rights-of-way, as well as areas on subdivision plans designated as rights-of-way for vehicular access other than driveways.

STRUCTURE A combination of materials that form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water. For the purpose of this chapter, antennas shall be considered structures; however, fences, doghouses, tree houses designed for children's use, and bus shelters shall not be considered structure

SUBDIVISION A "subdivision" is a division of a tract or parcel of land as defined in 30-A M.R.S.A. § 4401, as amended from time to time; provided, however, that the Town of Windham does hereby elect to count lots of 40 or more acres as lots for purposes of subdivision review.

SUBDIVISION, AMENDED The division of an existing subdivision or any change to an approved subdivision that requires Planning Board approval.

SUBSTANTIAL IMPROVEMENT Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or for any alteration of a structure listed on the National Register of Historic Places or a state or local inventory of historical places.

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

SUBSURFACE SEWAGE DISPOSAL SYSTEM Any system designed to dispose of waste or wastewater on or beneath the surface of the earth; includes, but is not limited to, septic tanks; disposal fields; grandfathered cesspools; holding tanks; pretreatment filter, piping, or any other fixture, mechanism, or apparatus used for those purposes; does not include any discharge system licensed under 38 M.R.S.A. § 414, any surface wastewater disposal system, or any municipal or quasi-municipal sewer or wastewater treatment system.

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

SWHCORP South Windham Housing Corporation, a Maine non-profit corporation, also being an Owner.

THEATER A building, or part of a building, used to show motion pictures or for drama, dance, musical, or other live performances.

TIMBER HARVESTING 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 § 185-15P, Clearing or removal of vegetation for activities other than timber harvesting.

TOWN The Town of Windham, a municipal corporation located in the County of Cumberland and State of Maine.

TOWN COUNCIL The Town Council of the Town.

TREE A woody perennial plant with a well-defined trunk(s) at least two inches in diameter at 4 1/2 feet above the ground, with a more or less definite crown, and reaching a height of at least 10 feet at maturity.

TRIBUTARY STREAM
A. A channel between defined banks created by the action of surface water which is characterized by the lack of terrestrial vegetation or by the presence of a bed, devoid of topsoil, containing waterborne deposits on exposed soil, parent material or bedrock; and which is connected hydrologically with other water bodies. "Tributary stream" does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetation cover had been removed by human activity.

B. This definition does not include the term "stream" as defined elsewhere in this chapter, and only applies to that portion of the tributary stream located within the shoreland zone of the receiving water body or wetland, as depicted on the Official Town of Windham Land Use Map.

TRUCK TERMINAL An area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.

UNFINISHED AREA The vertical interior of the exterior walls, which may include rough wiring and rough plumbing, but no insulation, ceiling, inside partitions or heat.

UPLAND EDGE OF A WETLAND The boundary between upland and wetland. For purposes of a freshwater wetland, the upland edge is formed where the soils are not saturated for a duration sufficient to support wetland vegetation; or where the soils support the growth of wetland vegetation, but such vegetation is dominated by woody stems that are six meters (approximately 20 feet) tall or taller.

USE The purpose or activity for which land or structures are designed, arranged, or intended or for which land or structures are occupied or maintained.

USE, ACCESSORY A use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or use. For the purposes of this chapter, the following structures, either attached to or detached from the primary use, shall be considered accessory uses: porches, garages, pools, and decks.

USE, PRINCIPAL The primary or predominant use of any lot or parcel.

VARIANCE Permission to depart from the literal requirements of this chapter.

VEGETATED SURFACE All surface areas covered by either undisturbed tree growth, shrub growth, natural ground cover or other appropriate erosion and sediment control materials such as bark mulch.

VEGETATION All live trees, shrubs, ground cover, and other plants, including, without limitation, trees both over and under four inches in diameter, measured at 4 1/2 feet above ground level.

VLF, LLC Village At Little Falls, LLC a Maine limited liability company, being an Owner.

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

WAIVER A relaxation of the terms of either Article 8: Site Plan Review, or Article 9: Subdivision Review.

WAREHOUSING, PRIVATE A building used primarily for the storage of goods and materials by the owner of the goods or operated for a specific commercial establishment or group of establishments in a particular industrial field.

WAREHOUSING, PUBLIC A building or lot used primarily for the storage of goods and materials and available to the general public for a fee. This use definition includes self-storage facilities, as defined.

WATER BODY Any natural or artificial collection of water, whether permanent or temporary; any body of water that meets the definition of "water body" in Chapter 185, Shoreland Zoning. This definition does not include swimming pools.

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

WETLAND
A. An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation adapted for life in saturated soil conditions.

B. An area that meets the definition of a "freshwater wetland" in Chapter 185: Shoreland Zoning.

WILDLIFE HABITAT; SIGNIFICANT WILDLIFE HABITAT Areas identified by a government agency such as the Maine Department of Inland Fisheries and Wildlife as having significant value as habitat for animals or any areas identified in the Town's Comprehensive Plan.

WIRELESS TELECOMMUNICATIONS TOWER AND FACILITY
A. A parcel of land containing a tower, sending and receiving antennas attached to the tower, and a prefabricated or modular structure or cabinets containing electronic equipment.

B. A Federal Communications Commission (FCC) licensed facility, designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices and equipment. For purposes of this chapter, amateur radio transmission facilities and facilities used exclusively for receive-only antennas are not classified as wireless telecommunications towers and facilities.

WOODY VEGETATION Live trees or woody, nonherbaceous shrub.

YARD An open space that lies between any structure and the nearest lot line.

YARD, FRONT An open space extending the full width of the lot between any structure and the front lot line and measured perpendicular to the structure at the closest point to the front lot line.

YARD, REAR A space extending across the full width of the lot between any structure and the rear lot line and measured perpendicular to the structure to the closest point of the rear lot line.

YARD, REQUIRED The minimum open space between a lot line and the yard line within which no structure is permitted to be located except as provided in this chapter.

YARD, SIDE A space extending from the front yard to the rear yard between any structure and the side lot line and measured perpendicular from the side lot line to the closest point of the structure.

ZONE A specifically delineated area or district in the Town within which uniform regulations and requirements govern the use, placement, spacing, and size of land and buildings.

ZONING The delineation of districts and the establishment of regulations governing the use, placement, spacing, and size of land and buildings in the Town of Windham.

ZONING DISTRICT See definition of "zone."

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