Town of Windham - Land Uses

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.

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
The following standards shall apply to accessory apartments created after November 23, 2012:

A. The accessory apartment shall be attached to a principal dwelling unit or contained within an accessory building to a single-family detached dwelling.

B. The owner(s) of the principal dwelling must reside in the principal structure or the accessory apartment.

C. The accessory apartment shall have a maximum cumulative floor area of 800 square feet.

D. The accessory apartment shall have its own entrance.

E. The accessory apartment shall not have more than two bedrooms.

F. All necessary building or certificates of occupancy shall be obtained from the Code Enforcement Officer.

(1) Compliance with all building codes applicable to the construction of an accessory apartment is required.

G. Only one accessory apartment shall be permitted per lot.

H. Accessory apartments shall not count towards the zoning district's maximum residential density standard.

I. A property on which an accessory apartment is located shall require the installation and use of a septic system that is approved in accordance with the State of Maine subsurface wastewater disposal rules. All applications for an accessory apartment shall include an HHE-200 form that documents the capacity of the existing or proposed system.

J. In no event shall the parking requirement for the accessory apartment be greater than the parking requirements in § 120-542, Parking and loading, and § 120-812C, Parking and loading requirements, of the single-family detached dwelling on the lot where the accessory apartment is located.

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).

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-3, C-4

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. Such establishment shall be at least 2,000 feet from the nearest property line of any school, place of worship, library, playground, child-care family home, child-care facility or any residential zoning district. Said distance shall be measured in a straight line without regard to intervening structures or objects.

B. No sexually explicit materials, entertainment, or activity shall be visible from the exterior of the premises.

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.

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
Marijuana businesses.
This section regulates marijuana businesses as defined uses within the Town of Windham. The permitting standards outlined here shall be adhered to for all marijuana businesses, in addition to other applicable standards in this chapter and other ordinances or state law.

A. Marijuana businesses shall not locate within 1,000 feet of a public or private school, measured from the exterior wall of the marijuana business to the property line of the protected use. Marijuana businesses other than caregiver (home occupation) shall not locate within 250 feet of a state-licensed day care of any size, measured from the main entrance door of the day-care facility to the main entrance door of the marijuana business. This section shall not prohibit the activity of a caregiver or other authorized individual from administering medical marijuana to a qualified patient who is located within one of these protected areas.

B. Marijuana businesses shall not have any odor of marijuana detectable beyond the area controlled by the business, whether that be a leased or owned area that is a portion or all of a recorded parcel of land. Odors shall be controlled by whatever best practices exist.

C. Marijuana grown by any marijuana business shall be grown indoors only.

(1) A medical marijuana registered caregiver shall not conduct any sale of the product on premises unless the business is also permitted as a medical marijuana caregiver retail store or marijuana registered dispensary.
(2) Medical marijuana grown by medical marijuana registered caregivers shall be limited to less than 1,000 square feet floor area measured cumulatively per lot unless the business is also permitted as a marijuana cultivation facility. A medical marijuana registered caregiver or medical marijuana registered caregiver (home occupation) in operation as of the effective date of this section shall be permitted to maintain the grow area in existence as of the effective date of this section.

See § 120-537D for information about medical marijuana registered caregivers.
See § 120-537E for information about medical marijuana registered caregiver (home occupation).

Affordable housing

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.

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
Affordable housing developments are eligible for increases in residential density and building height and reductions in lot size, frontage and parking requirements identified in Article 5, Performance Standards, if the development meets the applicable criteria in § 120-501.1, as below:

A. To encourage the availability of affordable housing to low- and moderate-income families in Affordable Housing Developments (as defined in § 120-301) the following increases in residential density and building height and reductions in lot size, frontage and parking requirements shall be permitted in the Commercial District I (C-1), Commercial District I North (C-1N), Commercial District II (C-2), Commercial IV (C-4), Medium-Density Residential (RM), Village Commercial (VC), Windham Center (WC) and Village Residential (VR) Districts; or other zoning districts when the development is served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system:

(1) The affordable housing development may be developed at 2.5 times the net residential area or acreage calculated in accordance with § 120-541.

(2) The affordable housing development may be developed with an increase of 20% in building height and reduction of 20% in lot size and lot frontage without obtaining a variance from the Board of Appeals.

(3) In no event shall the parking requirement be greater than two off-street parking spaces for every three dwelling units of an affordable housing development.

See § 120-501.1: Affordable housing development for more detailed information.

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.

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-3, C-4, F, FR, I, RL, RM, VC, VR, WC Allowed (no permit required but use must comply with all applicable land use standards): GD, LR, SP Allowed with permit issued by the Planning Board: RP

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. Minimum setbacks.

(1) Farm buildings, other than dwellings: 50 feet from the property line or 100 feet from an existing dwelling on neighboring land, whichever is farthest.
(2) Feed lots, fenced runs, pens and similar animal-raising and -care facilities: 100 feet from a neighboring property line, excluding pastures.
(3) Roadside stands for the sale of agricultural products: 20 feet from the nearest edge of roadway surfaces.

B. Agriculture sales. See § 120-502B for details.
C. Roadside stands. See § 120-502C for details.
D. Keeping of domesticated pets. See § 120-502D for details.

(1) Manure spreading. All spreading of manure shall be accomplished in conformance with the latest revision of the Manure Utilization Guidelines published by the Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. §§ 4201 through 4209).

(2) Manure storing. Manure shall not be stored or stockpiled within 100 feet, horizontal distance, of a great pond classified GPA or a river flowing to a great pond classified GPA, or within 75 feet, horizontal distance, of other water bodies, tributary streams, or wetlands. All manure storage areas within the shoreland zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated stormwater.

(3) Areas greater than 40,000 square feet. Agricultural activities involving tillage of soil greater than 40,000 square feet in surface area, or the spreading, disposal or storage of manure within the shoreland zone shall require a soil and water conservation plan number to be filed with the Planning Board. Nonconformance with the provisions of said plan shall be considered to be a violation of this chapter.

(4) Setback. There shall be no new tilling of soil within 100 feet, horizontal distance, of the normal high-water line of a great pond classified GPA; within 75 feet, horizontal distance, from other water bodies: nor within 25 feet, horizontal distance, of tributary streams, and wetlands. Operations in existence on the effective date of this chapter and not in conformance with this provision may be maintained.

(5) New grazing areas. Newly established livestock grazing areas shall not be permitted within 100 feet, horizontal distance, of the normal high-water line of a great pond classified GPA; within 75 feet, horizontal distance, of other water bodies; nor within 25 feet, horizontal distance, of tributary streams and freshwater wetlands. Livestock grazing associated with ongoing farm activities and which is not in conformance with the above setback provisions may continue, provided that such grazing is conducted in accordance with a conservation plan that has been filed with the Planning Board.

Agriculture sales

See defintion for "Agriculture" in Article 3: Definitions.

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
(1) Sales of retail items customarily associated with the primary agricultural business on the property, but not grown, produced, assembled or manufactured on-site, may be permitted, provided that the lesser of the following two options is met:

(a) No more than 20% of the agricultural business's gross square footage shall be utilized for the sales and storage of said retail items.
(b) No more than 2,000 square feet of the agricultural business's gross square footage may be used for the sales and storage of said retail items.

(2) The gross square footage of the agricultural business shall be calculated using the sum of both the interior and exterior areas used as part of the agricultural business, including any accessory uses to the agricultural business.

Agriculture, piggery

A premises, area, fenced enclosure, building or structure, or portion thereof, used or designed for the keeping of pigs. (See Article 5: Performance Standards.)

Districts Where Allowed Districts where use is allowed by right: F, I Districts where use may be allowed as a Conditional Use: FR, VR

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. Number of animals. These standards apply to the keeping of two or more pigs that are six months old or older. These standards do not apply to the raising and selling of any number of pigs that are under six months of age.

B. Setbacks. The following distances are from the identified use to the nearest property not owned or controlled by the operator/owner of the piggery:

(1) Structures: 50 feet.
(2) Feed lots, pens and extensively used areas: 100 feet.

C. Erosion and sediment control. The property owner shall demonstrate to the Code Enforcement Officer that erosion and sediment runoff will not enter an abutting property.

D. Spreading or disposal of manure. All spreading or disposal of manure shall be accomplished in conformance with the Manual of Best Management Practices for Maine Agriculture published by the Maine Department of Agriculture, Conservation and Forestry, as amended.

FR District:
A facility may raise 25 or fewer birds at any one time.
Piggeries shall conform with the standards for "agriculture, piggery" in § 120-503: Agriculture, piggery of the Performance Standards.

Agriculture, poultry facility

A premises, area, fenced enclosure, building or structure, or portion thereof, used or designed for the keeping of poultry or fowl. (See Article 5: Performance Standards.)

Districts Where Allowed Districts where use is allowed by right: F, I Districts where use may be allowed as a Conditional Use: FR, VR

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. Number of animals. These standards apply to the keeping of 13 or more poultry that are six months old or older in zoning districts in which agriculture, poultry facility is either a permitted use or a conditional use. These standards do not apply to the raising and selling of any number of poultry that are under six months of age. The keeping of 12 or fewer chickens in the residential zoning districts (Farm, Farm-Residential, Light-Density Residential, and Medium-Density Residential) is governed by the standards of Chapter 15: Animals; Article II: Domesticated Chickens.

B. Setbacks. The following distances are from the identified use to the nearest property not owned or controlled by the operator/owner of the poultry facility:

(1) Structure, including barns or coops: 50 feet.
(2) Feed lots, pens and extensively used areas: 100 feet.

C. Erosion and sediment control. The property owner shall demonstrate to the Code Enforcement Officer that erosion and sediment runoff will not enter an abutting property.

D. Spreading or disposal of manure. All spreading or disposal of manure shall be accomplished in conformance with the Manual of Best Management Practices for Maine Agriculture published by the Maine Department of Agriculture, Conservation and Forestry, as amended.

Animals in a shoreland zone

Development Requirements:
Animals in a shoreland zone. Nothing shall prohibit the keeping of household pets such as cats and dogs. The keeping of horses, ponies and other large pets or the raising of more than two of each species of such animals six months old requires compliance as follows:

(1) Within 100 feet of the normal high-water line of a water body as depicted on the Official Town of Windham Land Use Map, there shall be no feed lots, fenced runs, pens and similar intensively used facility for animal raising and care. Additionally, no footpath larger than six feet in width may be used for watering, and is only to be used for passage to and from the water and not as pasture or feed lot. Any in existence prior to 2006 shall be grandfathered.

Aquaculture

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.

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.

Districts Where Allowed Districts where use is allowed by right: ED

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. Automobiles shall be kept on the lot for no more than 180 cumulative days. After 180 days, the operator must prove application to the State of Maine for an abandoned vehicle title or show a legal reason the automobile cannot be sold, such as active litigation.

B. All stored automobiles shall be kept in a designated parking area. The designated parking area shall be no closer than 300 feet to a residential structure that conforms to this chapter and is not owned or controlled by the operator of the automobile auction facility.

C. The designated parking area shall be screened from public ways and abutting properties. Such screening shall consist of opaque fencing which must be a minimum of six feet in height.

D. The automobile auction facility shall ensure that leaking fluids from damaged or wrecked vehicles are collected or contained, per applicable Maine Department of Environmental Protection standards.

(1) Burned vehicles shall be stored under cover to protect them from the elements.
(2) No stacking of vehicles will be allowed.

E. No dismantling of automobiles or storage of more than 50 gallons of fluid will be allowed on site.

F. Automobile auction facilities shall require an annual inspection by the Code Enforcement Officer. The following checklist will be used as a guide for annual inspections:

Item	Compliant	Not Compliant
Proof of application to state for automobiles stored for more than 180 days?
All stored vehicles stored in designated parking area?
Fencing installed around the designated parking area?
All burned vehicles stored under cover?
No evidence of dismantling of automobiles or storage of more than 50 gallons fluids on-site?
Date of inspection:
Code Enforcement Officer signature:

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 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. (See Article 5, Performance Standards, and definition of "small engine repair.")

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, ED, I Districts where use may be allowed as a Conditional Use: C-3, VC

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
The following standards shall apply to all automobile repair services:

A. The sale of gasoline or other petroleum products shall not be allowed as an accessory use (see definition of "automobile gas station" in Article 3: Definitions).

B. Upon completion of all repair work, as requested by the customer, no more than two registered automobiles shall be left on-site in excess of 45 cumulative days each in a calendar year. (See definition for "automobile graveyard" in Article 3: Definitions) The storage of automobiles in excess of this standard shall not be allowed as an accessory use for automobile repair services established after August 7, 2014 (see standards for automobile storage lot.

C. Automobiles may not be displayed for sale, or sold, on the premises, unless retail sales, automobile sales is a permitted use or a conditional use in the applicable zoning district.

C-3 District:
The repair of commercial trucks shall be limited to those vehicles with a gross vehicle weight rating equal to, or less than, 26,000 pounds.

F District:
Repair services in existence prior to August 7, 2014.

(a) All repair operations shall be conducted inside an enclosed building.
(b) No more than three vehicles shall be serviced or stored on the property at any one time.
(c) Hours of operation shall be Monday through Saturday from 8:00 a.m. to 5:00 p.m.

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. (See Article 5, Performance Standards.)

Districts Where Allowed Districts where use may be allowed as a Conditional Use: ED, I

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
The following standards shall apply to automobile storage lots created after August 7, 2014:

A. Automobiles shall be kept on the lot for no more than 45 cumulative days in a calendar year.

B. All stored automobiles shall be kept in a designated parking area. The designated parking area shall be no closer than 300 feet to a residential structure that conforms to this chapter and is not owned or controlled by the operator of the automobile storage lot.

C. The designated parking area shall be screened from public ways or structures on abutting properties. Such screening shall consist of opaque fencing, which must be a minimum of six feet in height.

D. The automobile storage lot shall ensure that leaking fluids from damaged or wrecked vehicles are collected or contained, per applicable Maine Department of Environmental Protection standards.

E. Automobile storage lots shall require an annual inspection by the Code Enforcement Officer.

Bank

A bank or similar financial institution.

Bed-and-breakfast inn

Overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. (See Article 5: Performance Standards.)

Districts Where Allowed Districts where use is allowed by right: C-2, C-4, VC, WC Districts where use may be allowed as a Conditional Use: C-3, F, FR, RL, RM, VR

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
The following standards shall apply to all bed-and-breakfast inns:

A. A maximum of three guest bedrooms shall be allowed in the inn.

B. Total sleeping accommodations shall be for eight or fewer guests.

C. Breakfast shall be the only meal served and shall be limited to overnight guests.

D. Rental for more than 30 cumulative days in a calendar year to the same guest, or guests, is prohibited.

E. The bed-and-breakfast inn must be the primary residence of the property's owner or operator.

F. A structure shall not be used or occupied as a bed-and-breakfast inn until:

(1) The State Fire Marshal certifies the structure to be in compliance with applicable sections of the NFPA 101 Life Safety Code;
(2) All necessary state approvals have been received; and
(3) A certificate of occupancy has been issued by the Code Enforcement Officer.

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. (See Article 5: Performance Standards).

Districts Where Allowed Districts where use is allowed by right: VC, WC Districts where use may be allowed as a Conditional Use: F, FR, RL, RM, VR

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
The facility shall be licensed as a boarding care or congregate care facility according to regulations issued by the Maine Department of Health and Human Services.

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.

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).

Campground, commercial

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

Districts Where Allowed Districts where use is allowed by right: F, FR Districts where use may be allowed as a Conditional Use: C-3, VR

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
Except when area is zoned for RP due to floodplain criteria, in which case a permit is required from the PB.

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. (See Article 5: Performance Standards.)

Campgrounds

CAMPGROUND (COMMERCIAL)
Any premises providing temporary accommodation for campers in any recreational vehicle or tent and open to the public for a fee.

Districts Where Allowed Allowed with permit issued by the Planning Board: GD, LR

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:

Except when area is zoned for RP due to floodplain criteria, in which case a permit is required from the PB.

Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following:

(1) Minimum size. Campgrounds shall contain a minimum of 5,000 square feet of land, not including roads and driveways, for each site. Land supporting wetland vegetation, and land below the normal high-water line of a water body shall not be included in calculating land area per site.

(2) Setback. The areas intended for placement of a recreational vehicle, tent or shelter, and utility and service buildings shall be set back a minimum of 100 feet, horizontal distance, from the normal high-water line of a great pond classified GPA or a river flowing to a great pond classified GPA, and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland as depicted on the Official Town of Windham Land Use Map, and must also meet the required rear setback of 35 feet and side setback of 15 feet from the property boundary lines.

Cemetery

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. (See Article 5: Performance Standards.)

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-3, C-4, F, FR, RL, RM, VC, VR, WC

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. Family home child care must have a certificate from the Department of Health and Human Services.

B. All outdoor play areas shall meet applicable State of Maine requirements with regards to boundaries or fencing.

C. The child-care operation shall use a maximum of 20% of the total floor area of the dwelling unit in which it is located. The basement floor areas shall be excluded in the calculation of the 20%.

Note: Child-care applicants should refer to the state plumbing standards in 30-A M.R.S.A. § 4211.

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. (See Article 5: Performance Standards).

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-3, C-4, VC, VR, WC

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. Family home child care must have a certificate from the Department of Health and Human Services.
B. All outdoor play areas shall meet applicable State of Maine requirements with regards to boundaries or fencing.
C. The child-care operation shall use a maximum of 20% of the total floor area of the dwelling unit in which it is located. The basement floor areas shall be excluded in the calculation of the 20%.

Note: Child-care applicants should refer to the state plumbing standards in 30-A M.R.S.A. § 4211.

VR District:
Outdoor play areas must be located to the rear of the building.
Maximum capacity of 50 children.

Clearing or removal of vegetation for activities other than timber harvesting

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.

Commercial principal uses and structures

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.

Community building and Association office maintenance facilities

Construction services, heavy, major

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. (See Article 5: Performance Standards).

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.

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, ED, I, VC

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. Type of vehicles. Heavy construction services uses may include multiaxle vehicles, such as three- and four-axle dump trucks, cement mixers, multiunit vehicles and other heavy vehicles. These vehicle types are classified by the Federal Highway Administration as Class 6-13 vehicles. See table below.

Federal Highway Administration Vehicle Classification Table

B. Storage of materials and vehicles. All heavy construction services vehicles, trailers, machinery, equipment and materials must be stored indoors (see § 120-519: Contractor storage yard, for standards related to outdoor storage).

C. Lighting. Lighting may be used which serves security, safety and operational needs.

(1) All lighting shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists or pedestrians or from adjacent dwellings.
(2) All lighting shall be designed and directed to minimize light levels at the property line.
(3) The Code Enforcement Officer may require a lighting plan or lighting details when areas to be illuminated are near property lines. Such information may become a condition on a building permit or certificate of occupancy.

Construction services, heavy, minor

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. (See Article 5, Performance Standards.)

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.

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, ED, I, VC

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. Type of vehicles. Heavy construction services uses may include multiaxle vehicles, such as three- and four-axle dump trucks, cement mixers, multiunit vehicles and other heavy vehicles. These vehicle types are classified by the Federal Highway Administration as Class 6-13 vehicles. See table below.

Federal Highway Administration Vehicle Classification Table

B. Storage of materials and vehicles. All heavy construction services vehicles, trailers, machinery, equipment and materials must be stored indoors (see § 120-519: Contractor storage yard, for standards related to outdoor storage).

C. Lighting. Lighting may be used which serves security, safety and operational needs.
(1) All lighting shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists or pedestrians or from adjacent dwellings.
(2) All lighting shall be designed and directed to minimize light levels at the property line.
(3) The Code Enforcement Officer may require a lighting plan or lighting details when areas to be illuminated are near property lines. Such information may become a condition on a building permit or certificate of occupancy.

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. (See Article 5: Performance Standards).

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-3, ED, I, VC

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. Type of contractor vehicles. Contractor services uses are limited to single-unit, dual-axle vehicles only. These vehicle types are classified by the Federal Highway Administration as Class 1-5 vehicles. See table below.

Federal Highway Administration Vehicle Classification Table

B. Storage of materials. Machinery, trailers, equipment and materials must be stored indoors (see § 120-519, Contractor storage yard, for standards related to outdoor storage).

C. Lighting. Lighting may be used which serves security, safety and operational needs.

(1) All lighting shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists or pedestrians or from adjacent dwellings.
(2) All lighting shall be designed and directed to minimize light levels at the property line.
(3) The Code Enforcement Officer may require a lighting plan or lighting details when areas to be illuminated are near property lines. Such information may become a condition on a building permit or certificate of occupancy.

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. (See Article 5: Performance Standards.)

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-3, F, I Districts where use may be allowed as a Conditional Use: VR

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. Type of contractor vehicles. Contractor services uses are limited to single-unit, dual-axle vehicles only. These vehicle types are classified by the Federal Highway Administration as Class 1-5 vehicles. See table below.

Federal Highway Administration Vehicle Classification Table

B. Storage of materials and vehicles. All heavy construction services vehicles, trailers, machinery, equipment and materials must be stored indoors (see § 120-519: Contractor storage yard, for standards related to outdoor storage).

C. Lighting. Lighting may be used which serves security, safety and operational needs.

(1) All lighting shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists or pedestrians or from adjacent dwellings.
(2) All lighting shall be designed and directed to minimize light levels at the property line.
(3) The Code Enforcement Officer may require a lighting plan or lighting details when areas to be illuminated are near property lines. Such information may become a condition on a building permit or certificate of occupancy.

F District:
This use shall be an accessory use to a retail sales, nursery use under the following conditions:

(a) The contractor services, landscaping and contractor storage yard use shall not exceed 50% of the gross area (both interior and exterior areas) occupied by the principal retail sales, nursery use.

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. (See Article 5: Performance Standards.)

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-3, ED, F, I, VC Districts where use may be allowed as a Conditional Use: VR

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. Visual screening. All stockpiled materials, including sand, gravel, crushed rock, topsoil, mulch and other similar materials, as well as outdoor storage areas for equipment and heavy construction service vehicles, must be screened from abutting properties and public rights-of-way with six-foot opaque fencing or screened with well-maintained evergreen vegetation a minimum of six feet high at the time of planting. Fencing or landscaping requirements may be reduced by the review authority where the contractor storage yard is adequately screened through existing vegetated areas, the position of buildings on-site, or by using a site's topography to minimize view of the contractor storage yard from abutting properties and public rights-of-way.

B. Solid waste and recycling. All dumpsters or similar large collection receptacles for waste materials and recyclables must be located on level, compacted gravel or pavement. These receptacles shall be screened from view with opaque fencing or landscaping.

C. Lighting. Lighting may be used which serves security, safety and operational needs. All lighting shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists or pedestrians or from adjacent dwellings.

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.

Conversions of seasonal residences to year-round residences

Correctional facility, public

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

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.

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. (See Article 5: Performance Standards).

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-4 Districts where use may be allowed as a Conditional Use: VC, WC

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. A drive-through facility shall only be allowed as part of a principal use that is allowed as either a permitted use or conditional use in the applicable zoning district (See Article 4: Zoning Districts).

B. Drive-through facilities shall be designed and have sufficient stacking capacity to avoid the queuing of vehicles on any public street.

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.")

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-3, C-4, VC, WC

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
The following standards shall apply to mixed-use dwellings:
A. These uses shall not be permitted in the basement or first story of a building.
B. The entire building in which the uses are located shall be equipped with a sprinkler system approved by the Windham Fire-Rescue Department or State Fire Marshal's Office.

Dwelling, multifamily

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

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-3, C-4, F, FR, I, RL, RM, VC, VR, WC

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
C-3 District:
This use shall only be allowed for the conversion of an existing dwelling or accessory building that was in existence prior to May 13, 1986. The following standards shall apply:

(a) No more than three dwelling units may be created per lot.

VR District:
Multifamily dwellings: No more than four dwelling units per building.

F District:
See § 120-406F(4) for detailed information.

FR District:
See § 120-407F(5) for detailed information.

RL District:
See § 120-408F(2) for detailed information.

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.

Elderly housing

Emergency operations

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.

Districts Where Allowed Allowed with permit issued by the Planning Board: GD, LR, RP, SP

Development Requirements:
(1) Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.

(2) The installation of essential services, other than roadside distribution lines, is not allowed in a Resource Protection or Stream Protection District, except to provide services to a permitted use within said district, or except where the applicant demonstrates that no reasonable alternative exists. Where allowed, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.

(3) Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a permit.

Essential services - Nonroadside or cross-country distribution lines involving 11 or more poles in the shoreland zone

See definition for "Essential services" in § 185-17: Definitions.

Essential services - Nonroadside or cross-country distribution lines involving 10 poles or fewer in the shoreland zone

See definition for "Essential services" in § 185-17: Definitions.

Essential services - Roadside distribution lines (34.5kV and lower)

See definition for "Essential services" in § 185-17: Definitions.

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. (See Article 5: Performance Standards.)

Districts Where Allowed Districts where use is allowed by right: F, FR, VR

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. Approval required. The Board of Appeals must approve all applications for a farm enterprise. The granting of a farm enterprise shall apply to the applicant and shall not be transferable to a subsequent owner of the property.

B. Public notification. Notice shall be sent to all owners of abutting property at least seven days prior to the Board's initial consideration of an application.

C. Public hearing. The Board of Appeals shall hold a public hearing on any application. Notice of the public hearing shall be:

(1) Mailed to the owners of all abutting property at least seven days prior to the hearing.
(2) Advertised in a newspaper of general circulation at least seven days prior to the hearing.

D. Permitted uses. Farm enterprise uses shall be as follows:

(1) Uses that meet the standards of Subsection E, below. Uses may include public or private events such as meetings, parties, weddings, receptions, dances, sporting events and on-site lodging for the special event.

E. Standards.

(1) The property serving as the site for a farm enterprise shall be at least five contiguous acres and principal agriculture use. The property may or may not have a residential use.

(2) The farm enterprise shall be owned by the owner of the agriculture use.

(3) The farm enterprise is located on property owned by the owner of the agriculture use.

(4) Should the farm enterprise not be conducted in an existing structure, new structure(s) constructed, or temporary structures, such as tents, erected for the sole purpose of conducting a farm enterprise shall not exceed a total of 10,000 square feet of ground area.

(5) Noise. The standards in § 120-812S shall apply.

(6) Hours. Hours of operation shall be limited to the hours of 8:00 a.m. to 10:00 p.m.

(7) Lighting. All lighting associated with the farm enterprise shall be turned off by 11:00 p.m. Lighting fixtures shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists or pedestrians or from adjacent dwellings and so that they do not unnecessarily light the night sky.

(8) Parking. In addition to the off-street parking provided to meet the normal requirements of the farm, adequate off-street parking shall be provided for the following:

(a) Vehicles of each employee; and
(b) Vehicles of the maximum number of users which the farm enterprise may attract during peak operating hours.

(9) Sewage. Evidence shall be provided that the property's subsurface disposal system can accommodate the wastewater generated by the farm enterprise. Temporary use of portable toilet units is allowed for special events. Prior to each event, the location and number of portable toilet units shall be approved by the Code Enforcement Officer.

(10) Traffic.

(a) The Board of Appeals may require parking attendant(s) to direct traffic into the facility and towards available parking at the start of the event.
(b) Temporary directional signage shall be located on any entrance and within the parking area to ensure orderly flow of traffic. Temporary signs shall be placed prior to all events and removed at the conclusion of the event.

(11) Operation limits for public or private events, and other types of periodic uses. No more than 24 individual events may be held in a calendar year.

F. Conditions. The Board of Appeals may place conditions on the farm enterprise to minimize impacts on area properties. The conditions must be related to the Board of Appeals findings on the standards listed in Subsection E, above.

Filling and earthmoving of less than 10 cubic yards

Filling and earthmoving of more than 10 cubic yards

Fire prevention activities

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.

Forestry

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

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.

Governmental and institutional principal uses and structures

Districts Where Allowed Allowed with permit issued by the Planning Board: GD, LR

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
Correction facilities are a special exception in the General Development (GD) District requiring both Planning Board and Board of Appeals approval. Correction facilities must meet the performance standards listed under Article 5: Performance Standards, § 120-516: Conditional use, of Chapter 120: Land Use.

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. See § 120-527: Home occupation 1., in Article 5: Performance Standards.

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-3, C-4, F, FR, I, RL, RM, VC, VR, WC

Development Requirements:
A. Permit required. A permit must be obtained from the Code Enforcement Department prior to the installation of a home occupation 1. The granting of a home occupation shall apply to the applicant only while the applicant resides at the property.
See Permits and Licenses and Applications and Master Fee Schedule for more information.

B. Permitted uses. The following uses, as defined in Article 3: Definitions, shall be allowed as a home occupation 1:

(1) Artist studio.
(2) Small engine repair.
(3) Business and professional office.
(4) Service business, personal [see Subsection C(1) below].
(5) Medical marijuana registered caregiver (home occupation) (see § 120-537: Marijuana businesses).

C. Standards. In making its findings, the Code Enforcement Department shall use the standards for a home occupation 2 in § 120-528F and the following:

(1) Service business, personal. When authorized as a home occupation 1, this use shall not include laundry or dry-cleaning services. (Laundry and dry-cleaning services may apply under § 120-528: Home occupation 2).

D. Conditions. The Code Enforcement Department may place conditions on the home occupation to minimize impacts on area properties. The conditions must be related to the Code Enforcement Officer's findings on the standards listed in § 120-528F.

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. (See Article 5: Performance Standards).

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-3, C-4, F, FR, I, RL, RM, VC, VR, WC

Vehicle Parking:
In addition to the off-street parking provided to meet the normal requirements of the dwelling, adequate off-street parking shall be provided for the following:
(a) Vehicles of each employee; and
(b) Vehicles of the maximum number of users which the home occupation may attract during peak operating hours.

Development Requirements:
A. Approval required. The Board of Appeals must approve all applications for a home occupation 2. The granting of a home occupation shall apply to the applicant only while the applicant resides at the property and shall not be transferable to a subsequent resident of the property.

B. Public notification. Notice shall be sent to all owners of abutting property at least seven days prior to the Board's initial consideration of an application.

C. Public hearing. The Board of Appeals shall hold a public hearing on any application. Notice of the public hearing shall be:

(1) Mailed to the owners of all abutting property at least seven days prior to the hearing.
(2) Advertised in a newspaper of general circulation at least seven days prior to the hearing.

D. Permitted uses. Home occupation 2 uses shall be as follows:

(1) Uses that meet the standards of Subsecton F, below.
(2) Uses that are not prohibited by Subsection E, below.

E. Prohibited uses. The following uses are specifically prohibited as a home occupation 2:

(1) Auto repair services.
(2) Welding.
(3) Slaughterhouse.
(4) Smokehouse.

F. Standards.

(1) The home occupation shall be carried on wholly within the dwelling or accessory structure.
(2) The home occupation shall be carried on primarily by a member or members of the family residing in the dwelling unit. Not more than two persons who are not family members residing in the dwelling unit shall be employed.
(3) There shall be no exterior display, no exterior sign, other than those permitted in § 120-705D of Article 7: Signs; no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.
(4) Objectionable conditions, such as noise, vibration, smoke, dust, electrical disturbance, odors, heat, glare or activity at unreasonable hours, shall not be permitted.
(5) Parking requirements, see "Vehicle Parking" above.

(6) The home occupation shall not utilize more than 20% of the total floor area of the dwelling unit. The basement floor area and accessory structure floor area shall be excluded in the calculation of the 20%.
(7) Evidence shall be provided that the property's subsurface disposal system can accommodate the wastewater generated by the home occupation.
(8) The home occupation shall not generate traffic of a substantially greater volume than would normally be expected in the neighborhood.
(9) If renting or leasing, the tenant must demonstrate the property owner's approval.

G. Conditions. The Board of Appeals may place conditions on the home occupation to minimize impacts on area properties. The conditions must be related to the Board of Appeals findings on the standards listed in Subsection F, above.

Home occupations

An occupation or profession which is customarily conducted on or in a residential structure or property and which is clearly incidental to and compatible with the residential use of the property and surrounding residential uses and which employs no more than two persons other than family members residing in the home.

A. The following are examples of permitted uses under this definition:

(1) Office of teacher or musician.
(2) Office of real estate broker, salesman, insurance agent.
(3) Dressmaking.
(4) Beauty shop.
(5) Day-care home which cares for 12 or fewer children.
(6) Woodworking.
(7) Arts and crafts studio or shop.
(8) Small engine repair, excluding motorized vehicles such as mopeds, motorcycles, ATVs, snowmobiles.
(9) Saw sharpening.
(10) Medical marijuana register caregiver (home occupation) that complies with the standards in § 120-537 of Chapter 120, Land Use.

B. The following uses are specifically prohibited as a home occupation:
(1) Auto body repair.
(2) Auto repair.
(3) Welding or any other similar activity that is noise-oriented or is objectionable.
(4) Slaughterhouse or smokehouse.

C. The term "commercial structure," as used in this chapter, shall not include a single-family residential dwelling or accessory structure in which a home occupation or enterprise is carried on by a person residing in the dwelling unit, provided that such home occupation or enterprise is incidental and secondary to the use of the dwelling unit for residential purposes; such home occupation conforms to the requirements of § 185-15X of this chapter.

Districts Where Allowed Allowed with permit issued by Code Enforcement Officer: GD, LR, RP, SP

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
(1) Where allowed. The home occupation shall be carried on wholly within the dwelling or accessory structure.

(2) Number of employees. The home occupation shall be carried on primarily by a member or members of the family residing in the dwelling unit. Not more than two persons who are not family members residing in the dwelling unit shall be employed.

(3) Signs. There shall be no exterior display, no exterior sign other than those permitted in § 120-705: Signs permitted in all districts, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.

(4) Objectionable conditions. Objectionable conditions, such as noise, vibration, smoke, dust, electrical disturbance, odors, heat, glare or activity at unreasonable hours, shall not be permitted.

(5) Parking. In addition to the off-street parking provided to meet the normal requirements of the dwelling, adequate off-street parking shall be provided for the vehicles of each employee and the vehicles of the maximum number of users the home occupation may attract during peak operating hours.

(6) Allowable area. The home occupation shall not utilize more than 20% of the total floor area of the dwelling unit. The basement floor area shall be excluded in the calculation of the 20%.

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. (See Article 5: Performance Standards).

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-4, ED, VC Districts where use may be allowed as a Conditional Use: C-3, RL

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
Rental for more than 30 cumulative days in a calendar year to the same guest, or guests, is prohibited.

Housing for older persons

Individual private campsites

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.

Districts Where Allowed Allowed with permit issued by Code Enforcement Officer: GD, LR, RP, SP

Development Requirements:
Individual private campsites not associated with commercial campgrounds are permitted, provided the following conditions are met:

(1) Area requirements. One campsite per lot existing on the effective date of this chapter, or 30,000 square feet of lot area within the shoreland zone, whichever is less, may be permitted. Clustered, individual, private camp sites are permitted based upon a density of an average 30,000 square feet per camp site.

(2) Another principal use/structure. When an individual private campsite is proposed on a lot that contains another principal use and/or structure, the lot must contain the minimum lot dimensional requirements for the principal structure and/or use, and the individual private campsite separately.

(3) Setback. Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back 100 feet, horizontal distance, from the normal high-water line of a pond, great pond classified GPA or river flowing to a pond or great pond classified GPA, and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland as depicted on the Official Town of Windham Land Use Map, and must also meet the required rear setback of 35 feet and side setback of 15 feet from the property boundary lines.

(4) Recreational vehicles. Only one recreational vehicle shall be allowed on a campsite. The recreational vehicles shall not be located on any type of permanent foundation except for a gravel pad, and no structure except a canopy shall be attached to the recreational vehicles.

(5) Clearing. The clearing of vegetation for the siting of the recreational vehicle, tent or similar shelter in a Resource Protection District shall be limited to 1,000 square feet.

(6) Sewage disposal. When a recreational vehicle, tent or similar shelter is placed on-site for more that 120 days per year, all requirements for residential structures shall be met, including the installation of a subsurface sewage disposal system in compliance with the State of Maine Subsurface Waste Water Disposal Rules unless the site is served by public sewage facilities.

Industrial principal uses and structures

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

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.")

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, ED, I

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
C-1 and C-1N Districts:
This use shall not involve any activity defined in Article 3: Definitions as "manufacturing, hazardous." (See Article 3: Definitions).

ED and I Districts:
In accordance with the conditional use standards in Article 5: Performance Standards, the appropriate review authority may approve the manufacturing or use of hazardous material, as defined in Article 3: Definitions. (See Article 3: Definitions for definition of "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. (See definition of "manufacturing" and Article 5: Performance Standards).

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, ED, I, VC Districts where use may be allowed as a Conditional Use: C-3

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. All manufacturing processes must be wholly contained within a building.

B. The manufacturing, stockpiling or distribution of hazardous materials shall not be permitted; however, the storage and use of hazardous materials as part of a production process shall be permitted.

Keeping of domesticated pets

Kennel, major

An establishment in which five or more dogs, cats, or domesticated animals are boarded for a fee or compensation. (See Article 5: Performance Standards).

Kennel, minor

An establishment in which four or fewer dogs, cats, or domesticated animals are boarded for a fee or compensation. (See Article 5: Performance Standards).

Manufactured housing

Manufactured housing shall be defined according to 30-A M.R.S.A. § 4358, as amended from time to time. (See Article 5: Performance Standards).

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.

Districts Where Allowed Districts where use is allowed by right: C-1, ED, I

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
C-1 District:
Cultivation facilities may be of the following types: Tier 1 and Tier 2. (See Article 3: Definitions.)
These uses shall only be allowed on a lot where marijuana businesses were in existence prior to September 14, 2022.

ED District:
Cultivation facilities may be of the following types: Tier 1, Tier 2, Tier 3, and Tier 4. (See Article 3: Definitions.)

I District:
Cultivation facilities may be of the following types: Tier 1, Tier 2, and Tier 3. (See Article 3: Definitions.)

See § 120-537: Marijuana businesses for detailed information.

Marijuana for personal use

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.

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, ED, I

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
C-1 and C-1N Districts:
This use shall not involve any cultivation or manufacturing of marijuana on site, notwithstanding the definition of "marijuana registered dispensary" in Article 3. (See Article 3, Definitions.)

Industrial District:

(a) In the Industrial District, a marijuana registered dispensary engaging in the cultivation of marijuana shall be limited to cultivating not more than 7,000 square feet of plant canopy on site.

(b) In the Industrial District, this use shall not involve the sale, transfer, supply or dispensing of marijuana to any qualifying patient or other person on site, notwithstanding the definition of "marijuana registered dispensary" in Article 3. (See Article 3, Definitions.)

ED District:

(a) In the Enterprise Development District, a marijuana registered dispensary engaging in the cultivation of marijuana shall be limited to cultivating not more than 20,000 square feet of plant canopy on site.

(b) In the Enterprise Development District, this use shall not involve the sale, transfer, supply or dispensing of marijuana to any qualifying patient or other person on site, notwithstanding the definition of "marijuana registered dispensary" in Article 3. (See Article 3, Definitions.)

See also § 120-537: Marijuana businesses for more detailed information.

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.

Marinas

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.

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.

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-3, C-4, F, FR, I, RL, RM, VC, VR, WC

Development Requirements:
Medical marijuana registered caregiver or medical marijuana registered caregiver (home occupation), when required by state law to be licensed to manufacture, may only manufacture medical marijuana products in zoning districts where marijuana manufacturing facilities are permitted.

See § 120-537: Marijuana businesses for more information on marijuana businesses.
See Permits and Licenses for more information.

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.

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-3, C-4, F, FR, I, RL, RM, VC, VR, WC Allowed with permit issued by Code Enforcement Officer: GD

Development Requirements:
Medical marijuana registered caregiver (home occupation) shall at all times meet all permit and operational requirements for a home occupation and the additional license requirements for a medical marijuana registered caregiver (home occupation). See § 120-527: Home occupation 1, for limitations of medical marijuana registered caregiver (home occupation). Medical marijuana grown by medical marijuana registered caregiver (home occupation) in basements and accessory structures shall be limited to less than 1,000 square feet floor area measured cumulatively per lot for all caregivers cultivating on the lot.

See § 120-537: Marijuana businesses for more information on marijuana businesses.
See Permits and Licenses for more information.

Medical office

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

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-3, C-4, VC Districts where use may be allowed as a Conditional Use: F, FR, RL, RM, VR, WC

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
Residential Districts: F, FR, RL, RM, VR

(1) A medical office located on a lot in a residential district shall have a combined footprint of 2,000 gross square feet or less. (See definition of "building footprint.")
(2) A medical office located in a residential district shall be limited to the first story of the building. The additional height of the building's roof shall meet the height standard of the applicable zoning district.

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. (See Article 6: Mineral Extraction).

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, ED, F, FR, I Allowed with permit issued by the Planning Board: GD, LR, RP Districts where use may be allowed as a Conditional Use: RL, RM

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
Purpose.

A. The purpose of this article is to regulate sand and gravel and other quarrying operations, including the removal, processing and storage of topsoil or loam, rock, sand, gravel and other earth materials (hereinafter "mineral extraction"). The Planning Board shall follow the site plan review requirements in Article 8: Site Plan Review when more than 25,000 square feet of gross area is to be developed, as defined in Article 3: Definitions. (See definition of "development.")

B. The removal of stone, sand and gravel from banks or quarries and the processing of said materials shall not be permitted without the approval of the Planning Board. The removal of loam, topsoil or sod is permitted in any of the Town's zoning districts. Such material may be hauled away to other locations, either inside or outside the Town of Windham. The Planning Board may approve the removal and processing of such materials after public hearing thereon, and a finding that such removal and processing will be performed subject to the conditions and safeguards set forth in this article.

C. These regulations are intended to protect the quality and quantity of the groundwater and surface waters, to control erosion, to provide for the reclamation and rehabilitation of mineral extraction sites so that future uses shall be compatible with the surrounding neighborhood, and to minimize any adverse impact of such pit operations on adjacent and nearby properties.

Applicability.

A. Existing pits, expansions over five acres, loam stripping exceeding 1/4 of an acre, and new operations which are started or approved after the effective date of this amendment shall be governed by this article. This article applies to all private, public and municipal mineral extraction operations within the Town of Windham.

B. Whereas the Town of Windham recognizes that exceptions to this article may become necessary in a time of great need, such as a natural disaster necessitating ready and immediate access to sand, gravel and other earth materials, provision is herein made for the temporary suspension of the application process included herein if approval for said suspension is granted by a majority of the Town Council.

C. The applicant shall pay a processing fee and establish a peer review escrow account as set by the Town Council in the Windham Fee Schedule.

Exemptions; existing pits. See § 120-603: Exemptions; existing pits for details.

See Article 6: Mineral Extraction for complete, detailed information on mineral extraction.

Mobile home park

"Mobile home park" shall be defined according to 30-A M.R.S.A. § 4358, as amended from time to time. (See Manufactured Housing Park Overlay District in Article 4: Zoning Districts).

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. (See Article 5: Performance Standards).

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-4, ED Districts where use may be allowed as a Conditional Use: C-3, RL

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
Rental for more than 30 cumulative days in a calendar year to the same guest, or guests, is prohibited.

Motorized vehicular traffic on existing roads and trails

Multiunit residential

A residential structure containing two or more residential dwelling units.

Nonintensive recreational uses not requiring structures, such as hunting, fishing and hiking

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

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.

One- and two-family residential, including driveways

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.

Districts Where Allowed Allowed with permit issued by Code Enforcement Officer: GD, LR Allowed with permit issued by the Planning Board: RP, SP

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
Provided that a variance from the setback requirements is obtained from the Board of Appeals.

Single-family residential structures may be allowed by special exception only according to the provisions of § 185-16G, Special exceptions. Two-family residential structures prohibited.

Other

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

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 facilities

Districts Where Allowed Allowed with permit issued by the Planning Board: GD, LR, RP

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
Parking areas.

(1) Setback. Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the district in which such areas are located, except that the setback requirements for parking areas serving public boat-launching facilities in districts other than the General Development District shall be no less than 50 feet, horizontal distance, from the shoreline or tributary stream if the Planning Board finds that no other reasonable alternative exists further from the shoreline or tributary stream.

(2) Runoff. Parking areas shall be adequately sized for the proposed use and shall be designed to prevent stormwater runoff from flowing directly into a water body, tributary stream or wetland as depicted on the Official Town of Windham Land Use Map and where feasible, to retain all runoff on-site.

(3) Size. In determining the appropriate size of proposed parking facilities, the following shall apply:

(a) Typical parking space: Approximately 10 feet wide and 20 feet long, except that parking spaces for a vehicle and boat trailer shall be 40 feet long.
(b) Internal travel aisles: Approximately 24 feet wide.

Permanent piers, docks, wharves, bridges and other structures and uses

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.

Private sewage disposal systems for allowed uses

Districts Where Allowed Allowed with permit issued by the local Plumbing Inspector: GD, LR, RP, SP

Development Requirements:
Septic waste disposal. All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Waste Water Disposal Rules, and the following:

(1) Clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions shall not extend closer than 75 feet, horizontal distance, to the normal high-water line of a water body or the upland edge of a wetland; and

(2) A holding tank is not allowed for a first-time residential use in the shoreland zone.

NOTE: The Maine Subsurface Waste Water Disposal Rules require new systems, excluding fill extensions, to be constructed no less than 100 horizontal feet from the normal high-water line of a perennial water body. The minimum setback distance for a new subsurface disposal system may not be reduced by variance.

Public and private recreational areas involving minimal structural development

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

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. (See § 120-543: Public building, in Article 5: Performance Standards).

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-3, C-4, F, FR, RL, RM, VC, VR, WC Districts where use may be allowed as a Conditional Use: I

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. Public buildings and public utility facilities, excepting solar energy systems, shall not be required to meet the dimensional standards or district standards in the applicable zoning district.

B. Where site plan review is required for a new public building or public utility facility, the Planning Board may require landscaping, fences, screening or buffering between the lot on which the public building or public utility facility is to be located and any lot occupied by a residential dwelling.

Public utility facility

PUBLIC UTILITY FACILITY
Buildings, structures, or facilities, including switching stations, 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).

Pump station

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

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-3, ED, F, FR, I, RL, RM, VC, VR, WC

Development Requirements:
A. Pump stations shall be allowed in all zoning districts.
B. Pump stations shall not require a building permit.
C. Pump stations shall not be required to meet the dimensional standards in the applicable zoning district.
D. Pump stations located on a controlled access street shall not be subject to the curb cut spacing requirement established by § 120-521.
E. If an entrance permit is required, the entrance permit shall not be subject to the requirements of § 120-522D(3) and E if the access to the pump station does not have an access location that can comply with these requirements.

Recreation facility, indoor

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.

Research laboratory

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

Residential recreational facilities

Restaurants

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

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-4, VC, WC Districts where use may be allowed as a Conditional Use: C-3

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
Restaurants established after December 14, 2010, shall meet the following standards:

A. Trash/dumpster. All trash containers or dumpsters located outside of a building shall be stored so as to be screened from view.

B. Grease removal. All new or expanded restaurants shall install a grease trap as required by the Maine State Plumbing Code.

C. Buffer. A buffer strip, as defined, shall be provided between the restaurant and any abutting dwelling, existing single-family detached; dwelling, existing two-family; dwelling, existing multifamily; existing housing for older persons; or any residential zoning district.

D. Noise. The restaurant shall comply with the noise standards contained in § 120-812S of this chapter.

E. Smoke. Indoor or outdoor cooking that produces smoke from grills, smokers or open fires shall be located at least 100 feet from any abutting dwelling, existing single-family detached; dwelling, existing two-family; dwelling, existing multifamily; existing housing for older persons; or any residential zoning district.

F. Outside seating. Outdoor seating located within 100 feet of any dwelling, existing single-family detached; dwelling, existing two-family; dwelling, existing multifamily; existing housing for older persons; or any residential zoning district shall be limited to the following hours:

(1) Sunday to Thursday: daytime hours, as defined.
(2) Friday and Saturday: 7:00 a.m. to 9:00 p.m.

G. Septic. All new or enlarged restaurants shall provide evidence that the septic system is in compliance with the Maine State Plumbing Code.

VC District:
(a) Maximum seating for any bar area shall be 20 seats.
(b) Restaurants shall not be permitted to include a drive-through facility.

WC District:
(a) Maximum seating shall be 40 seats.
(b) Restaurants shall not be permitted to include a drive-through facility.

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. (See Article 5: Performance Standards).

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. (See Article 5: Performance Standards).

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-3, C-4, VC Districts where use may be allowed as a Conditional Use: F, FR, RL, RM, WC

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. Gross square footage for retail and storage purposes may not exceed 1,500 square feet.
B. Outdoor storage shall not be permitted.
C. The sale of gasoline shall not be permitted.

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. (See Article 5: Performance Standards).

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-3, C-4

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
Outdoor sales may be approved by the Code Enforcement Officer in accordance with the following standards:
A. Outdoor sales shall be allowed as an accessory use to the principal retail use on the property.

B. If outdoor sales are conducted in a parking lot, the minimum off-street parking space requirements of this chapter shall be maintained.

C. A permit shall be obtained from the Code Enforcement Officer.

D. The outdoor sales permit shall be limited to the petitioner and shall therefore not run with the land.

E. An application fee, in an amount established by the Town Council, shall be submitted to the Code Enforcement Officer at the time of application.

F. A plan shall be submitted to the Code Enforcement Officer, delineating the area on which the outdoor sales will be conducted (at a minimum the plan shall also show the Tax Map boundaries of the property, the approximate location of all buildings, and the location of parking areas).

G. Outdoor sales shall not be conducted in a vehicular travel way.

H. Outdoor sales conducted on any public or private walkways or sidewalks shall meet the standards of the Americans with Disabilities Act (ADA).

I. Outdoor sales shall not be located in any side setback or landscaped buffer strip required by this chapter or as a condition of a property's site plan approval.

J. These standards shall not apply to roadside stands governed by the standards for agriculture in § 120-502: Agriculture.

K. These standards shall not apply to a temporary outside sales events. Temporary outside sales events shall meet the following standards:

(1) The outside sales event shall not last for more than three consecutive days.
(2) A permit shall be obtained from the Code Enforcement Officer for each outdoor sales event.
(3) An application fee, in an amount established by the Town Council, shall be submitted to the Code Enforcement Officer at the time of application.
(4) The Code Enforcement Officer must find that the following conditions have been met:

(a) Safe vehicular access and on-site circulation is provided to reduce vehicular queueing on public ways.
(b) The applicant demonstrates that adequate parking is provided to accommodate all vehicles either on site or in an off-site location that meets the requirements of § 120-812C(2)(b).

C-1, C-1N, C-2 and C-3 Districts:
The display or sale of products outside of a building shall meet the standards of Article 5. (See Article 5: Performance Standards).

VC District:
The maximum area of a building dedicated to retail sales shall be 10,000 square feet.

WC District:
The building footprint shall be limited to 3,000 square feet.
The maximum area of a building dedicated to retail sales shall be 3,000 square feet.

Retaining walls

Development Requirements:
Retaining walls that are not necessary for erosion control shall meet the structure setback requirement, except for low retaining walls and associated fill, provided all of the following conditions are met:

(a) The site has been previously altered and an effective vegetated buffer does not exist;

(b) The wall(s) is (are) at least 25 feet, horizontal distance, from the normal high-water line of a water body, tributary stream, or upland edge of a wetland;

(c) The site where the retaining wall will be constructed is legally existing lawn or is a site eroding from lack of naturally occurring vegetation, and which cannot be stabilized with vegetative plantings;

(d) The total height of the wall(s), in the aggregate, is no more than 24 inches;

(e) Retaining walls are located outside of the 100-year floodplain on rivers, streams and tributary streams, as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record or, in the absence of these, by soil types identified as recent floodplain soils;

(f) The area behind the wall is revegetated with grass, shrubs, trees, or a combination thereof, and no further structural development will occur within the setback area, including patios and decks; and

(g) A vegetated buffer area is established within 25 feet, horizontal distance, of the normal high-water line of a water body, tributary stream, or upland edge of a wetland when a natural buffer area does not exist. The buffer area must meet the following characteristics:

[1] The buffer must include shrubs and other woody and herbaceous vegetation. Where natural ground cover is lacking, the area must be supplemented with leaf or bark mulch;
[2] Vegetation plantings must be in quantities sufficient to retard erosion and provide for effective infiltration of stormwater runoff;
[3] Only native species may be used to establish the buffer area;
[4] A minimum buffer width of 15 feet, horizontal distance, is required, measured perpendicularly to the normal high-water line or upland edge of a wetland;
[5] A footpath, not to exceed the standards in § 185-15P(2)(a), may traverse the buffer;

NOTE: If the wall and associated soil disturbance occurs within 75 feet, horizontal distance, of a water body or tributary stream a permit pursuant to the Natural Resources Protection Act[1] is required from the Department of Environmental Protection.

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. (See Article 5: Performance Standards).

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. The retirement community shall meet the standards established in 42 U.S.C. § 3601 et seq. for housing for older persons. The property owner shall notify the Code Enforcement Department when compliance reports have been submitted to the U.S. Department of Housing and Urban Development (HUD). The Code Enforcement Department may request that copies of any report be sent to the Town of Windham.

B. Retirement community projects shall conform with the street and road design standards in Article 9: Subdivision Review.

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.

Road and driveway construction

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.

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.)

A vehicular accessway less than 500 feet in length serving any permitted residential use as allowed in Table 1, Table of Land Uses.

Districts Where Allowed Allowed with permit issued by Code Enforcement Officer: GD, LR, SP Allowed with permit issued by the Planning Board: RP

Development Requirements:
Except as provided in § 185-15H(4).

The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts and other related features.

(1) Setback.

(a) Roads and driveways shall be set back at least 100 feet, horizontal distance, from the normal high-water line of a great pond classified GPA or a river that flows to a great pond classified GPA, and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland as depicted on the Official Town of Windham Land Use Map, unless no reasonable alternative exists as determined by the Code Enforcement Officer. If no other reasonable alternative exists, the road and/or driveway setback requirement shall be no less than 50 feet, horizontal distance, upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream, or wetland. Such techniques may include, but are not limited to, the installation of settling basins and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream, or wetland. The Code Enforcement Officer may require the applicant to obtain an approved erosion and sediment control plan from the Cumberland County Soil and Water Conservation District prior to issuing any permits.

(b) New roads and driveways: On slopes of greater than 20%, the road and/or driveway setback shall be increased by 10 feet, horizontal distance, for each 5% increase in slope above 20%.

(c) Section (1), above, does not apply to approaches to water crossings or to roads or driveways that provide access to permitted structures, and facilities located nearer to the shoreline or tributary stream due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of Section (1), above, except for that portion of the road or driveway necessary for direct access to the structure.

(2) Existing roads. Existing public roads may be expanded within the legal road right-of-way regardless of their setback from a water body, tributary stream or wetland as depicted on the Official Town of Windham Land Use Map.

(3) New roads. New roads and driveways are prohibited in a Resource Protection District except that the Planning Board may grant a permit to construct a road or driveway to provide access to permitted uses within the district. A road or driveway may also be approved by the Planning Board in a Resource Protection District, upon a finding that no reasonable alternative route or location is available outside the district. When a road or driveway is permitted in a Resource Protection District, the road and/or driveway shall be set back as far as practicable from the normal high-water line of a water body, tributary stream, or upland edge of a wetland.

(4) Road banks. Road and driveway banks shall be no steeper than a slope of two horizontal to one vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in § 185-15T.

(5) Road grade. Road and driveway grades shall be no greater than 10% except for segments of less than 200 feet.

(6) Drainage. In order to prevent road and driveway surface drainage from directly entering water bodies, tributary streams or wetlands, roads and driveways shall be designed, constructed, and maintained to empty onto an unscarified buffer strip at least 50 feet plus two times the average slope in width between the outflow point of the ditch or culvert and the normal high-water line of a water body, tributary stream, or upland edge of a wetland. Surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoff and to minimize channelized flow of the drainage through the buffer strip.

(7) Ditching. Ditch relief (cross drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow gains sufficient volume or head to erode the road, driveway, or ditch. To accomplish this, the following shall apply:

(a) Ditch relief culverts, drainage dips and associated water turnouts shall be spaced along the road or driveway at intervals no greater than indicated in the following table:

Grade (%)	Spacing (in feet)
0 to 2	250
3 to 5	200 to 135
6 to 10	100 to 80
11 to 15	80 to 60
16 to 20	60 to 45
21+	40

(b) Drainage dips may be used in place of ditch relief culverts only where the grade is 10% or less.

(c) On sections having slopes greater than 10%, ditch relief culverts shall be placed at approximately a thirty-degree angle downslope from a line perpendicular to the center line of the road or driveway.

(d) Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning, and their inlet and outlet ends shall be stabilized with appropriate materials.

(8) Maintenance and repair. Ditches, culverts, bridges, dips, water turnouts and other stormwater runoff control installations associated with roads and driveways shall be maintained on a regular basis to assure effective functioning. When maintenance and/or repair is performed, such performance must be in accordance with best management practice.

Roadside stands

A structure for the display and sale of agricultural products. (See definition of "agriculture" and standards for agriculture in Article 5: Performance Standards.)

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-3, F, FR, I, RL, RM, VC, VR, WC

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
Shall conform to the following standards:

(1) Stands shall be allowed in all districts in which agriculture is a permitted use or conditional use.
(2) Stands shall be used exclusively for the sale of agricultural products.
(3) Signs shall conform to provisions set forth in Article 7: Signs.
(4) Stands shall be operated on land owned or leased by the person, company or partnership that cultivated and/or produced the agricultural products sold from the stand. The stand does not have to be on the same property on which the agricultural product was cultivated and/or produced.
(5) The setback requirement of § 120-502A(3), shall apply.

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. (See Article 5: Performance Standards).

Districts Where Allowed Districts where use may be allowed as a Conditional Use: F, VR, WC

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. General standards.

(1) Creation of use. A rooming house shall only be allowed through the conversion of an existing dwelling, nursing home or boarding home for sheltered care facility.
(2) Number of dwelling units. A rooming house shall contain between 10 to 15 rooms.

B. Common area/facility requirements.

(1) Kitchen. A full kitchen shall be provided for use by all tenants.
(2) Toilets. At least one properly working toilet shall be supplied for each six persons, or fraction thereof, residing within the rooming house.
(3) Bathing. At least one properly working bathtub or shower shall be supplied for each eight persons, or fraction thereof, residing within the rooming house.
(4) All common facilities shall be located within the rooming house so as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. Every kitchen, lavatory basin, bathtub, or shower shall be supplied with hot water at all times.

C. Driveway requirements.

(1) Minimum width of pavement or gravel: 22 feet.
(2) Maximum grade: 3% within 50 feet of private way or street.
(3) Minimum angle of intersection: 60°.
(4) Sight distance: Maine Department of Transportation standard.

D. Fire/emergency safety and protection.

(1) The rooming house shall be sprinklered throughout.
(2) Smoke detectors shall be required in all bedrooms and common areas.
(3) All fire safety and protection systems shall meet or exceed local and state fire safety regulations.
(4) All sleeping rooms shall provide adequate ventilation and means of egress.
(5) The parking lot shall be arranged so as not to restrict fire and/or emergency vehicle access.

E. Landlord-tenant legal requirements.

(1) Rooms shall be for hire by the week.
(2) Lease/rental agreements and rental policy rules and regulations shall be required.

F. Maintenance requirements.

(1) The facility shall provide on-premises management.
(2) The operator shall be responsible for the sanitary maintenance of all walls, floors and ceilings and for maintenance of a sanitary condition in every other part of the rooming house and the premises on which it is located.

G. Plan requirements. The operator or applicant shall submit a set of detailed plans drawn to scale by a professional engineer or architect of the interior of the building showing how it meets the requirements for the rooming house.

H. Sleeping unit requirements.

(1) Minimum floor area.

(a) Single-occupancy unit: 90 square feet.
(b) Double-occupancy unit: 160 square feet.

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. (See Article 5: Performance Standards.)

Districts Where Allowed Districts where use is allowed by right: F Districts where use may be allowed as a Conditional Use: FR

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. Permit required. The sawmill shall require a use permit from the Code Enforcement Department.

See Permits and Licenses and Applications and Master Fee Schedule for more information.

B. Hours of operation. The sawmill shall only operate during daytime hours, as defined in Article 3: Definitions.

C. Setback. The sawmill shall be set back at least 100 feet from the following uses:

(1) Dwelling, not owned or occupied by the sawmill operator.
(2) School.
(3) Place of worship.

D. Buffers. The sawmill shall establish and maintain a buffer, as defined, meeting the Buffer Yard J standards in § 120-511: Buffer yard, Table 1, along all property lines that abut a use listed in Subsection C above. Mature trees in the buffer strip shall be preserved to the maximum extent practical.

E. Stacking of wood. Wood shall not be stacked to a height that is greater than the buffer provided along abutting property lines.

F. Maximum noise limit at all property lines.

(1) Daytime hours: 60 dBA.
(2) Nighttime hours: 50 dBA.
(3) Temporary chain saw use: no limit.

G. Erosion control. The sawmill shall provide an erosion control plan to the Code Enforcement Department prior to receiving a use permit. The erosion control plan shall include a written description of the management practices and a plot plan identifying the placement of any silt fence, check dams, or erosion control barriers. Erosion control mix mulch barriers may be utilized. The erosion control mix mulch shall meet the Maine Department of Environmental Protection's most current specifications for installation and maintenance.

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. (See Article 5: Performance Standards).

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, F, FR, RL, RM, VR

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
A. Hours of operation. The sawmill shall only operate during daytime hours, as defined in Article 3: Definitions.

B. Maximum noise limit at all property lines.

(1) Daytime hours: 60 dBA.
(2) Nighttime hours: 50 dBA.
(3) Temporary chain saw use: no limit.

C. Erosion control. The temporary sawmill shall not cause the erosion and waterborne transportation of soil onto any abutting property.

Senior citizen housing detached

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 drops, as defined, to allowed uses

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.

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. (See Article 5: Performance Standards).

Districts Where Allowed Districts where use is allowed by right: F, FR, RL, RM Districts where use may be allowed as a Conditional Use: C-3, ED, I

Development Requirements:
A. General standards. The following standards shall apply to all shipping containers in the Town of Windham:

(1) Housing of land uses. Shipping containers shall not be used to conduct land use activities that are carried on in a principal building or an accessory building;
(2) Stacking. Shipping containers shall not be stacked one on top of the other;
(3) Floor area. The floor area of a shipping container shall be measured by calculating the footprint of the container from its exterior walls;
(4) Location. Shipping containers shall not be located in any of the following areas:

(a) Parking spaces required by this chapter.
(b) Required front, side, or rear yard areas (see Article 4: Zoning Districts).
(c) A location that reduces vehicular sight distance below minimum Maine Department of Transportation standards.
(d) A location that would cause a hazard to the traveling public.
(e) A location that impacts stormwater runoff.

B. Residential district standards.

(1) No more than one shipping container shall be allowed on any lot.
(2) Permit required. A permit shall be required for the installation of a shipping container in all residential zoning districts.
(3) Time limit. A shipping container shall not be located on-site for more than six months, with the exception that one extension of not more than three months may be granted at the discretion of the Code Enforcement Officer.
(4) Permitted shipping containers. A shipping container shall only be permitted for the temporary storage of residential items under the following circumstances:

(a) While a resident is in the process of moving into or out of a home;
(b) While a home is being remodeled; or
(c) After a home or building has experienced a fire, flood, or other damaging event.

(5) Permitted items. Items such as, but not limited to, the following shall be permitted in a shipping container:

(a) Household furniture;
(b) Appliances;
(c) Bathroom fixtures;
(d) Clothing; and
(e) Building materials.

C. Nonresidential district standards. The following standards shall apply to Shipping Containers that are currently located, or proposed, in a nonresidential district:

(1) The total floor area of all shipping containers on site shall not exceed 700 square feet. Additional shipping containers that exceed the 700 square feet limitation shall not be allowed by variance.
(2) If the property on which the shipping container is located received a site plan approval on or after March 13, 1991, the Planning Board shall be responsible for review and approval under the following standards:

(a) Conditional use.
(b) Site plan review.

(3) The shipping container must come into compliance with this chapter by March 21, 2001, unless good cause can be shown by the petitioner. After March 21, 2001, any existing shipping containers shall be removed from the site, unless:

(a) There is a pending conditional use application before the Board of Appeals.
(b) There is a pending conditional use and site plan application before the Planning Board.

(4) Shipping containers that are part of an existing commercial or industrial use, and are being actively used for the temporary storage and eventual shipping of goods, products, or materials that are manufactured or assembled as part of the commercial or industrial use, shall be allowed, provided that:

(a) The location of the shipping containers is duly noted on the site plan if the project was reviewed by the Planning Board and/or the Board of Appeals, or the building permit plot plan if no Planning Board or Board of Appeals review was required.
(b) The same shipping container(s) shall not be located on site for more than 30 consecutive days at a time.

D. Construction project standards.

(1) Shipping containers may be placed on property where a construction project is occurring. The shipping container shall only be utilized for the storage of construction materials, equipment, tools, etc.
(2) A permit shall not be required from the Code Enforcement Officer, Planning Board, and/or Board of Appeals.
(3) The shipping container(s) shall be removed within 30 days after the completion of the construction project.

Signs

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 located on the premises. See§ 185-15I.

Districts Where Allowed Allowed with permit issued by Code Enforcement Officer: GD, LR, RP, SP Districts where use may be allowed as a Conditional Use: C-1, C-1N, C-2, C-3, ED, F, FR, I, RL, RM, VC, VR, WC

Development Requirements:
(1) The use of signs in the General Development District shall be governed by § 120-706: Signs permitted in commercial districts of Chapter 120: Land Use (standards in Commercial Districts.) The use of signs in the Resource Protection and Limited Residential Districts shall be governed by § 120-709: Off-premises signs permitted in all districts of Chapter 120: Land Use. Signs advertising home occupations should conform to the guidelines stated in § 120-705D, Identification signs, of Chapter 120: Land Use.

(2) Signs related to trespassing and hunting shall be permitted without restriction as to number, provided that no such sign shall exceed two square feet in area.

VR District:
The regulations in § 120-708: Signs permitted in all residential districts, shall apply to all uses in the Village Residential District.

WC District:
The regulations in § 120-708: Signs permitted in all residential districts, shall apply to all uses in the Windham Center District.

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.

Small nonresidential facilities for educational, scientific, or nature interpretation purposes

Districts Where Allowed Allowed with permit issued by Code Enforcement Officer: GD, LR Allowed with permit issued by the Planning Board: RP, SP

Vehicle Parking:
See § 120-542: Parking and loading and § 120-812C for detailed information about parking and loading requirements.

Development Requirements:
Provided that a variance from the setback requirements is obtained from the Board of Appeals.

Soil and water conservation practices

Solar energy systems – ground-mounted, large scale

See "Solar Energy System" in § 120-301: Definitions for a complete definition.

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-4, ED, I Districts where use may be allowed as a Conditional Use: C-3, F, FR, RL, RM, VR, WC

Development Requirements:
Ground-mounted solar energy systems.

[1] In residential and mixed-use zoning districts, shall not exceed 12 feet in height when oriented at maximum tilt, except that the maximum height shall be 22 feet for systems set back 30 feet or more from any property line.
[2] In all other zoning districts such systems shall conform to the building height requirements of the zoning districts in which they are located.

Setbacks for ground-mounted solar energy systems.

(a) Notwithstanding any other provision in this section to the contrary, the setbacks for ground-mounted solar energy systems shall be as follows:

[1] Minimum front yard. In residential zoning districts, 50 feet. In mixed use and nonresidential zoning districts, whatever the front yard setback is for that zoning district, but in no event less than 30 feet.
[2] Minimum rear yard. In residential zoning districts, 30 feet. In mixed use and nonresidential zoning districts, whatever the rear yard setback is for accessory buildings in that zoning district.
[3] Minimum side yard: 30 feet.

(b) When ground-mounted solar energy systems are co-located with parking lots in mixed use and nonresidential zoning districts, the minimum setback is whatever the setback is for parking lots.

(c) The setbacks set forth in this Subsection shall not apply to small ground-mounted solar energy systems serving a residential use located on the same parcel. Such systems shall be subject only to setbacks required under the applicable zoning district.

Standards for roof-mounted and ground-mounted solar energy systems.

(1) Roof-mounted and building-mounted solar energy systems and equipment are permitted in conformance with this Subsection D, unless they are determined by the Code Enforcement Officer, with input from the Town Engineer and the Fire Chief, to present one or more unreasonable safety risks, including, but not limited to, the following:

(a) Weight load;
(b) Wind resistance;
(c) Ingress or egress in the event of fire or other emergency; or
(d) Proximity of a ground-mounted system relative to buildings.

(2) All solar energy system installations shall be performed in compliance with the photovoltaic systems standards of the latest edition of the National Fire Protection Association (NFPA) 1, Fire Prevention Code.

(3) All wiring shall be installed in compliance with the photovoltaic systems standards of the latest edition of the National Electrical Code (NFPA 70).

(4) Prior to operation, electrical connections must be inspected and approved by the Electrical Inspector.

(5) Each solar energy installation shall be maintained as necessary to ensure that it is operating safely and as designed over its useful lifetime.

Additional standards for medium- and large-scale ground-mounted solar energy systems. In addition to the standards in § 120-556D, medium- and large-scale ground-mounted solar energy systems shall comply with the following:

(1) Utility connections. Overhead or pole-mounted electrical wires shall be avoided to the extent possible within the facility.

(2) Visual impact. Reasonable efforts, as determined by the Planning Board, shall be made to minimize undue visual impacts in the following ways:

(a) Fencing. Fencing shall:

[1] Be the minimum height necessary to meet the National Electrical Code standard for a fence that does not require barbed wire at the top.
[2] Be an unobtrusive color and style so as to blend into the environment as well as possible.
[3] Be wildlife friendly and be elevated by a minimum of five inches to allow for passage of small terrestrial animals.

(b) Buffers. Buffer yards shall be provided in accordance with performance standards of § 120-511. Buffers meeting the Buffer Yard B standards in § 120-511, Table 1 shall be located outside fence lines along any fence line visible from a public or private way or adjacent to an existing residential dwelling. Preservation of native vegetation is encouraged. The Planning Board shall have flexibility to waive some or all of this buffer yard planting depending on site specific conditions as outlined by the applicant and in accordance with the § 120-808 waiver criteria.

(3) Land clearing, soil erosion, and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of ground-mounted solar energy systems or as otherwise prescribed by applicable laws, regulations, and bylaws/ordinances. Ground-mounted facilities shall minimize mowing to the extent practicable. The solar energy system shall be located on the site so as to minimize the cutting of mature trees. Native, pollinator-friendly seed mixtures shall be used to the extent possible. Herbicide and pesticide use shall be minimized. No prime agricultural soil or significant volume of topsoil shall be removed from the site for installation of the system.

See § 120-556: Solar energy systems for complete, detailed information.

Solar energy systems – ground-mounted, medium scale

See "Solar Energy System" in § 120-301: Definitions for a complete definition.

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-3, C-4, ED, I, RL, RM, VC, WC Districts where use may be allowed as a Conditional Use: F, FR, VR

Development Requirements:
Ground-mounted solar energy systems.

[1] In residential and mixed-use zoning districts, shall not exceed 12 feet in height when oriented at maximum tilt, except that the maximum height shall be 22 feet for systems set back 30 feet or more from any property line.
[2] In all other zoning districts such systems shall conform to the building height requirements of the zoning districts in which they are located.

Setbacks for ground-mounted solar energy systems.

(a) Notwithstanding any other provision in this section to the contrary, the setbacks for ground-mounted solar energy systems shall be as follows:

[1] Minimum front yard. In residential zoning districts, 50 feet. In mixed use and nonresidential zoning districts, whatever the front yard setback is for that zoning district, but in no event less than 30 feet.
[2] Minimum rear yard. In residential zoning districts, 30 feet. In mixed use and nonresidential zoning districts, whatever the rear yard setback is for accessory buildings in that zoning district.
[3] Minimum side yard: 30 feet.

(b) When ground-mounted solar energy systems are co-located with parking lots in mixed use and nonresidential zoning districts, the minimum setback is whatever the setback is for parking lots.

(c) The setbacks set forth in this Subsection shall not apply to small ground-mounted solar energy systems serving a residential use located on the same parcel. Such systems shall be subject only to setbacks required under the applicable zoning district.

Standards for roof-mounted and ground-mounted solar energy systems.

(1) Roof-mounted and building-mounted solar energy systems and equipment are permitted in conformance with this Subsection D, unless they are determined by the Code Enforcement Officer, with input from the Town Engineer and the Fire Chief, to present one or more unreasonable safety risks, including, but not limited to, the following:

(a) Weight load;
(b) Wind resistance;
(c) Ingress or egress in the event of fire or other emergency; or
(d) Proximity of a ground-mounted system relative to buildings.

(2) All solar energy system installations shall be performed in compliance with the photovoltaic systems standards of the latest edition of the National Fire Protection Association (NFPA) 1, Fire Prevention Code.

(3) All wiring shall be installed in compliance with the photovoltaic systems standards of the latest edition of the National Electrical Code (NFPA 70).

(4) Prior to operation, electrical connections must be inspected and approved by the Electrical Inspector.

(5) Each solar energy installation shall be maintained as necessary to ensure that it is operating safely and as designed over its useful lifetime.

See § 120-556: Solar energy systems for complete, detailed information.

Solar energy systems – ground-mounted, small scale

See "Solar Energy System" in § 120-301: Definitions for a complete definition.

Districts Where Allowed Districts where use is allowed by right: C-1, C-1N, C-2, C-3, C-4, ED, F, FR, I, RL, RM, VC, VR, WC

Development Requirements:
Ground-mounted solar energy systems.

[1] In residential and mixed-use zoning districts, shall not exceed 12 feet in height when oriented at maximum tilt, except that the maximum height shall be 22 feet for systems set back 30 feet or more from any property line.
[2] In all other zoning districts such systems shall conform to the building height requirements of the zoning districts in which they are located.

Setbacks for ground-mounted solar energy systems.
(a) Notwithstanding any other provision in this section to the contrary, the setbacks for ground-mounted solar energy systems shall be as follows:

[1] Minimum front yard. In residential zoning districts, 50 feet. In mixed use and nonresidential zoning districts, whatever the front yard setback is for that zoning district, but in no event less than 30 feet.
[2] Minimum rear yard. In residential zoning districts, 30 feet. In mixed use and nonresidential zoning districts, whatever the rear yard setback is for accessory buildings in that zoning district.
[3] Minimum side yard: 30 feet.

(b) When ground-mounted solar energy systems are co-located with parking lots in mixed use and nonresidential zoning districts, the minimum setback is whatever the setback is for parking lots.

(c) The setbacks set forth in this Subsection shall not apply to small ground-mounted solar energy systems serving a residential use located on the same parcel. Such systems shall be subject only to setbacks required under the applicable zoning district.

Standards for roof-mounted and ground-mounted solar energy systems.

(1) Roof-mounted and building-mounted solar energy systems and equipment are permitted in conformance with this Subsection D, unless they are determined by the Code Enforcement Officer, with input from the Town Engineer and the Fire Chief, to present one or more unreasonable safety risks, including, but not limited to, the following:

(a) Weight load;
(b) Wind resistance;
(c) Ingress or egress in the event of fire or other emergency; or
(d) Proximity of a ground-mounted system relative to buildings.

(2) All solar energy system installations shall be performed in compliance with the photovoltaic systems standards of the latest edition of the National Fire Protection Association (NFPA) 1, Fire Prevention Code.

(3) All wiring shall be installed in compliance with the photovoltaic systems standards of the latest edition of the National Electrical Code (NFPA 70).

(4) Prior to operation, electrical connections must be inspected and approved by the Electrical Inspector.

(5) Each solar energy installation shall be maintained as necessary to ensure that it is operating safely and as designed over its useful lifetime.

See § 120-556: Solar energy systems for complete, detailed information.

Solar energy systems - roof-mounted, small, medium and large scale