Town of Gray - Definitions

Abutter The owner(s) of a property sharing a common boundary with or within 250 feet of a given parcel of property, whether or not these properties are separated by a public or private way. For the purposes of this Ordinance, the owner(s) of properties shall be considered to be parties listed by the Tax Assessor as the ones whom taxes are assessed.

Accessory Dwelling Unit A subordinate residential use that requires a permit issued by the Code Enforcement Officer that conforms to the performance standards in this Ordinance. All accessory dwelling units must comply with all other applicable requirements of law, including but not limited to building codes, life safety, and the State of Maine Subsurface Wastewater Disposal Rule.

Accessory Use or Structure A use or structure which is customarily and in fact both incidental and subordinate to the principal use or structure. The term "incidental" in reference to the principal use or structure shall mean subordinate and minor in significance to the principal use or structure. Accessory uses, when aggregated, shall not subordinate the principal use of the lot. Accessory use shall include the use of any portion of a lot pursuant to an easement for Commercial Recreation, Outdoor, but shall not include the use of any portion of a lot for purposes related to medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein, unless expressly authorized herein.

Adult Business Any business in any use category, a substantial or significant portion of which consists of selling, renting, leasing, exhibiting, displaying or otherwise dealing in materials or services of any kind which appeal to prurient interests and which depict or describe specified sexual activities. As applied to a business which sells, rents or leases such materials or devices, “substantial or significant portion” means that 25% or more of the floor area of the unit of occupancy in which the business is located is used to display, shelve or store such materials or devices. As applied to a business which exhibits or displays, films, videos or similar visual reproductions for viewing by patrons on the premises, “substantial or significant portion” means that, in any single day, 50% or more of the total display or exhibition time is devoted to such materials.

Adult Use The acquisition, possession, cultivation, consumption, transfer or transportation of cannabis or paraphernalia relating to the consumption of cannabis by persons 21 years of age or older.

Adult Use Cannabis Cannabis that is cultivated, manufactured, distributed or sold by an adult use cannabis establishment.

Adult Use Cannabis Cultivation Facility A facility licensed under Maine law to purchase cannabis plants and seeds from other cultivation facilities; to cultivate, prepare and package adult use cannabis; to sell adult use cannabis to products manufacturing facilities, to adult use cannabis stores and to other adult use cannabis cultivation facilities; and to sell cannabis plants and seeds to other adult use cannabis cultivation facilities and immature cannabis plants and seedlings to adult use cannabis stores.

Adult Use Cannabis Establishment An adult use cannabis cultivation facility, an adult use cannabis products manufacturing facility, an adult use cannabis testing facility or an adult use cannabis store licensed under Maine law.

Adult Use Cannabis Product A cannabis product that is manufactured, distributed or sold by an adult use cannabis establishment.

Adult Use Cannabis Products Manufacturing Facility A facility licensed under Maine law to purchase adult use cannabis from a cultivation facility or another adult use cannabis products manufacturing facility; to manufacture, label and package adult use cannabis and adult use cannabis products; and to sell adult use cannabis and adult use cannabis products to adult use cannabis stores and to other adult use cannabis products manufacturing facilities.

Adult Use Cannabis Store A facility licensed under Maine law to purchase adult use cannabis, immature cannabis plants and seedlings from an adult use cannabis cultivation facility, to purchase adult use cannabis and adult use cannabis products from an adult use cannabis products manufacturing facility and to sell adult use cannabis, adult use cannabis products, immature cannabis plants and seedlings to consumers.

Adult Use Cannabis Testing Facility A facility licensed under Maine law to develop, research and test adult use cannabis, adult use cannabis products and other substances.

Affordable Housing
a. For rental housing, a development in which a household whose income that does not exceed 80% of median income for the area 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.
b. For owned housing, a development in which a household whose income does not exceed 120% of the median income for the area 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.

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

Agriculture, General Includes the cultivation of the soil for food products or other useful or valuable growth of the field, garden, nursery or greenhouse, but does not include dairying, raising of livestock, breeding or keeping of animals, fowl or birds as a business or gainful occupation, or cultivation of cannabis for medical use or adult use.

Agritourism Center A campus containing Agritourism Facilities along with facilities for educational, cultural, and outdoor recreation programs that may serve larger community purposes. One office building not exceeding fifteen thousand (15,000) square feet may be included to manage and support the mission and operation of the Agritourism Center. An Agritourism Center shall not include any principal or accessory uses related to medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein, unless expressly authorized herein.

Agritourism Facility A building, or group of buildings operated in conjunction with each other, in which there is provided overnight lodging facilities, which may include private or other assembly facilities and/or restaurant facilities, to paying or non-paying guests, provided that: The operations of such facilities complement or support the agricultural, silvicultural, animal husbandry, or forest management use of land, or the educational and/or outdoor recreational programs on land so used, which uses or programs are otherwise permitted in the Rural Residential and Agricultural (RRA) District. The buildings or group of buildings may include private or common facilities, such as bathrooms, living areas, dining areas, gathering areas and kitchen facilities. The private or other assembly facilities and restaurant facilities may be open to the public generally in addition to guests of the lodging facilities. A facility meeting the foregoing definition of “Agritourism Facility” shall not be considered a “Bed and Breakfast Establishment” or a “Hotel/Motel.” An Agritourism Facility shall not include any principal or accessory uses related to medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein, unless expressly authorized herein.

Alteration Any change, addition, or modification in construction, other than cosmetic or decorative, or any change in the structural members of buildings such as baring walls, columns, beams, or girders.

Animal Husbandry Dairying or raising of livestock, breeding or keeping of animals, horses, llamas, deer, alpacas and other fur bearing animals, emus, fowls or birds as a business or gainful occupation, which are considered commercial and come under other State laws.

Applicant for Excavation Anyone who applies for a permit to create or operate an excavation to obtain gravel, rock, sand, fill, borrow, or clay.

Aquifer Geologic unit composed of rock or sand and gravel, which unit contains sufficient saturated permeable materials to conduct groundwater and to also yield economically significant quantities of groundwater to wells and springs. For purposes of this Ordinance, economically significant quantities of ground water shall be taken to be any unit capable of yielding ten (10) gallons or more per minute of water to a single well or spring.

Arterial Street A major thoroughfare which serves as a major traffic way for travel to other communities and through the Town. The following roadways shall be considered arterial streets:

West Gray Road (Route 202)
Shaker Road (Route 26)
Lewiston Road (Route 100)
Wildlife Park Way (Route 26A)
Portland Road (Route 100/26)

Auction Houses A place where the public sale of property to the highest bidder is held by one licensed and authorized for that purpose.

Auctions The sale of household goods by competitive bid conducted on the premises. Civic or nonprofit organizations are exempt from the above but must obtain a permit from the Town Council.

Authorized Agent Anyone having written authorization to act in behalf of a property owner, signed by the property owner.

Auto Body Shop A place where collision services, such as body, frame, or fender straightening and repair, overall painting and undercoating of vehicles are performed.

Auto Intensive Retail, office or restaurant uses which have a drive-through facility.

Auto Repair Garage A place where, with or without the attendant sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles.

Auto Service Station A place where gasoline or any other automobile engine fuel (stored in tanks), kerosene, motor oil, lubricants or grease (for operation of motor vehicles) is retailed directly to the public on the premises. This includes the sale of minor accessories and the servicing and minor repair of automobiles, but does not include storage of unlicensed vehicles nor does it include body, frame, or fender straightening and repair.

Bed & Breakfast A single family dwelling in which lodging and meals are offered to the general public for compensation, offering no more than three bedrooms for lodging purposes.

Blasting The use of explosives to break up or otherwise aid in the extraction or removal of rock or other consolidated natural formation.

Blazed Tree A tree from which a section of bark has been removed to display a visible spot that can be easily recognized

Buffer A strip of land with the purpose to separate and protect one type of land use from another or screen a land use from public view.

Building Any structure having a roof supported by columns or walls used for shelter or protection of persons, animals or personal property.

Building Height Vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat and mansard roofs, and to the average height between eaves and ridge for other types of roofs.

Building Trade Occupation-1 An accessory residential use of a dwelling unit carried on by one (1) self-employed or other craftsperson in a construction-related trade who resides in the dwelling unit or Accessory dwelling unit. This use is subject to performance standards.

Building-mounted Solar Energy Arrays One or more solar energy panels mounted on a rack that is fastened to or ballasted on an exterior wall of a structure.

Campground A parcel or parcels of land providing temporary accommodation for recreational vehicles, tenting areas, and other forms of temporary shelter.

Cannabis The leaves, stems, flowers and seeds of a cannabis plant, whether growing or not. Cannabis includes cannabis concentrate, but does not include industrial hemp as defined by Maine law or a Cannabis Product.

Cannabis Concentrate The resin extracted from any part of a cannabis plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin, including, but not limited to, hashish. In determining the weight of cannabis concentrate, the weight of any other ingredient combined with cannabis to prepare a cannabis product may not be included.

Cannabis Extraction The process of extracting cannabis concentrate from cannabis using water, lipids, gases, solvents or other chemicals or chemical processes.

Cannabis Food Establishment A factory, plant, warehouse or store in which food and food products are manufactured, processed, packed, held for introduction into commerce or sold, by a Registered Caregiver or Registered Dispensary that prepare food containing cannabis for medical use by a qualifying patient.

Cannabis Manufacturing or Manufacture The production, blending, infusing, compounding or other preparation of cannabis, cannabis concentrate and cannabis products, including, but not limited to, cannabis extraction or preparation by means of chemical synthesis, but not including cultivation or testing.

Cannabis Paraphernalia Equipment, products and materials of any kind that are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, smoking or otherwise introducing into the human body cannabis for medical use or recreational use as defined in this Chapter, including without limitation, water pipes, hashish pipes, glass pipes, bongs, vaporizers, scales, rolling papers, hydroponic equipment and grow lights, and general tobacco products in so-called smoke shops.

Cannabis Product A product composed of cannabis, harvested cannabis or cannabis concentrate and other ingredients that is intended for medical use or consumption for adult use, including, but not limited to, an edible cannabis product, a cannabis ointment and a cannabis tincture, but not including cannabis concentrate.

Caregiver A person or an assistant of that person that provides care for a qualifying patient to receive Medical Cannabis pursuant to Maine law.

Caregiver Retail Store A retail store in which a Caregiver sells harvested cannabis to qualifying patients for the patients' medical use.

Cemetery A property used for the interment of the dead.

Centrally managed water system A water system that provides water for human consumption through pipes or other constructed conveyances to at least 15 service connections or serves an average of at least 25 people for at least 60 days a year as regulated by 10-144 C.M.R. Ch. 231, Rules Relating to Drinking Water. This water system may be privately owned.

Church A building or structure or group of buildings or structures and grounds primarily intended or used for the conduct of religious services of any religious group faith, denomination or sect and for accessory uses associated therewith.

Class A Excavations Class A excavations are those of five (5) acres or more in area that are required to have a permit from the Maine Department of Environmental Protection in accordance with 38 MRSA §§ 490-D Performance Standards For Excavations For Borrow, Clay, Topsoil, Or Silt, 490-Z Performance Standards for Quarries, Excavations that have a Site Location of Development permit issued under 38 MRSA Section 481, or excavations that have filed a notice of intent to comply pursuant to 38 MRSA § Section 484-A of the Site Location of Development Law and have adhered with the compliance schedule as required by that Section.

Class B Excavations Class B excavations are those of less than five (5) acres in area that are not required to have a permit from the Maine Department of Environmental Protection, but are required to have a permit from the Town of Gray.

Client A person dependent on another for protection or patronage.

Club Any association of persons organized for social, religious, benevolent, or academic purposes; whose facilities are open to members and guests including fraternities, sororities, and social organizations.

Code Enforcement Officer A person appointed by the Town Manager to administer and enforce this Ordinance. Reference to the Code Enforcement Officer may be construed to include Building Inspector, Plumbing Inspector, Electrical Inspector and the like where applicable.

Commercial Recreation, Indoor Any indoor recreational use such as bowling alleys, roller or ice skating rinks, swimming pools or tennis courts operated primarily for profit.

Commercial Recreation, Outdoor Any outdoor recreational use such as golf courses, tennis courts, riding stables, swimming pools or ice skating rinks operated primarily for profit.

Community Living Arrangement A housing facility for eight (8) or fewer persons with disabilities that is approved, authorized, certified or licensed by the State. A community living arrangement may include a group home, foster home, or intermediate care facility

Comparable sewer system “Comparable sewer system” means any subsurface wastewater disposal system that discharges more than 2,000 gallons of wastewater per day as regulated by 10-144 C.M.R. Ch. 241, Subsurface Wastewater Disposal Rules.

Conditional Permitted Use A use permitted only after review and approval by the Planning Board. A Conditional Use is a use that would not be appropriate without public review and restrictions, but which is permitted provided that all performance standards and other requirements of this ordinance are met.

Conditional Use Permit A permit authorized by the Planning Board for a Conditional Permitted Use. A Conditional Use Permit may be issued only after the applicant has followed the procedures of this ordinance.

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

Constructed Includes built, erected, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction. Excavation, fill, drainage, and the like, shall be considered as part of construction.

Construction Services Uses such as plumbing, painting, building, well drilling, carpentry or electrical installation and excavating.

Cultivation The planting, propagation, growing, harvesting, drying, curing, grading, trimming or other processing of adult use cannabis for personal use, but not including manufacturing, testing, or cannabis extraction.

Day Care Facility Day care facility shall mean a house or other place in which a person, or combination of persons maintains or otherwise carries out a regular program, for consideration, for any part of a day providing care and protection for three (3) or more clients.

Deck An uncovered structure with a floor, elevated above ground level.

Decorative Changes Repainting or re-siding; removing or replacing trim, railings, or other non- structural architectural details; or the addition, removal or change of location of windows and doors.

Designated growth area An area that is delineated as suitable for orderly residential, commercial, or industrial development, or any combination of those types of development, and into which most development projected over ten (10) years is directed. The Village Center and Village Center Proper zoning districts are the Designated growth areas.

Dimensional Requirements Numerical standards relating to spatial relationships including but not limited to setback from property lines, lot area, shore frontage and height.

Disability A physical or mental impairment which substantially limits one or more of a person's major life activities, a record of having such and impairment, or being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance.

Domestic Animals These include but are not limited to dogs, cats, birds and reptiles that are raised within the confines of the household. They are not raised in multiple numbers for breeding, sale or exchange for other goods or services and do not meet the requirements for kennels, agriculture operations, or feed lots. This definition and restriction excludes service animals, which may include animals that have been certified and trained to assist in aiding a person with a specific physical or emotional disability.

Drive Through and Drive-In Facility A commercial/retail facility or operation which provides a service directly to the occupants of a motor vehicle or where the customer can drive a motor vehicle onto the premises and to a location, person or device through which an order may be placed and the customer would be served with their order without exiting the vehicle.

Driveway A vehicular access-way serving no more than two dwelling units or lots or a vehicular access way serving an institutional or commercial site.

Dwelling Any building or structure or portion thereof designed or used for residential purposes.

Dwelling Unit A room or suite of rooms designed and equipped exclusively for use by one family as a habitation and which contains independent living, cooking, sleeping, bathing and sanitary facilities. The term includes manufactured housing but not recreational vehicles or motel units.

Edible Cannabis Product A cannabis product intended to be consumed orally, including, but not limited to, any type of food, drink or pill containing harvested cannabis, cannabis or cannabis concentrate.

Excavation Any digging, mining, or removal of borrow, topsoil, loam, rock, sand, gravel, clay, silt, or other similar non-metallic earth materials whether alone or in combination.

Existing Excavated Area (Earth-Moving Operations) The area in which actual excavation has occurred preceding 7/4/85. Stripping of vegetation shall not be considered to be excavation. The boundaries of the existing excavated area shall be documented by photographs and site plans drawn to scale and submitted to the CEO.

Existing Parcel (Earth Moving Operations) The total parcel which includes the existing excavated area and may include areas where expansion of existing pit operations will occur. The parcel shall be in single ownership or lease for at least a one-year period preceding 7/4/85 and which is intended to continue. The Code Enforcement Officer shall require evidence which may include cash receipts, affidavits, verbal testimony, photographs or other information to be presented on which to grant status as an existing pit operation.

Existing Pit Operation An excavation activity which is located on an existing parcel and for which operation for remuneration has taken place in the existing excavated area during the one-year period immediately preceding 7/4/85 and which is intended to continue. The code Enforcement Officer shall require evidence which may include cash receipts, affidavits, verbal testimony, photographs or other information to be presented on which to grant status as an existing pit operation.

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

Expansion of Existing Pit Operations Any proposed earth moving, excavating, processing or storage of earth materials operation which is expanded beyond the boundaries of the existing excavated area as defined in this Ordinance. When an existing operation is expanded more than five (5) acres, the operator shall file a copy of the DEP permit with the Planning Board. Expansions of existing pit operations are subject to limited rehabilitation requirements as specified in this Ordinance.

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

Family One or more persons living, sleeping, cooking and eating on the same premises as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house or hotel. Such unit shall not exceed five (5) persons not related by blood or marriage unless the group can demonstrate that it:

1. Shares the entire house;
2. Lives and cooks together as a single housekeeping unit;
3. Shares expenses for food, rent, utilities or other household expenses; and,
4. Is permanent and stable.

Farm and Food Products Any agricultural, horticultural, forest or other product of the soil or water, including, but not limited to, fruits, vegetables, eggs, dairy products, meat and meat products, poultry and poultry products, fish and fish products, grain and grain products, honey, nuts, maple products, apple cider, fruit juice, malt liquor, wine, ornamental or vegetable plants, nursery products, fiber or fiber products, firewood and Christmas trees.

Farm Stand A roadside stand not exceeding 200 square feet in floor area selling only farm, garden, greenhouse, or nursery products, and between Labor Day and Christmas, cut Christmas trees, garlands, wreaths and wreath material. A Farm Stand may not sell cannabis in any form for medical use or adult use.

Farmer A person who produces farm products.

Farmers' Market A seasonal public market at which two (2) or more local farmers have raised and/or prepared farm and food products for direct sale to consumers.

Filling Depositions or dumping any matter on or into the ground water.

Flea Market – Open Air Market An occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public. There are no long-term leases (over 6 months) between the sellers and operators. Flea markets are not considered retail trade or commercial sales and service.

Flood A temporary rise in stream flow that results in water overtopping its banks and inundating adjacent areas.

Flood Insurance Map The official map on which the Dept. of Housing and Urban Development or the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the Town.

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

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

Floor Area, Gross The sum, in square feet of the floor areas of all roofed portions of a building, as measured from the exterior faces of the exterior walls plus the horizontal area of any unenclosed portions of a structure such as porches and decks.

Floor Area, Net The total of all floor areas of a building, excluding the following: stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and floors below the first or ground floor, except when used for human habitation or service to the public.

Front Lot Line Any line separating the lot from a street(s) or right(s) of way. On a corner lot, the line separating the lot from both streets or rights of way. In such cases, both lines abutting the street or private way are treated as front lot lines for the purposes of setbacks.

Frontage The horizontal distance, measured in a straight line, between the intersections of the side lot lines with the front lot line, except in the case of a curved lot line, where the frontage shall be considered the length of the curve.

Frontage, Street That lot property line abutting on a street or private way, and ordinarily regarded as the front of the lot. On any lot bounded on more than one property line by a street or private way, the street frontage shall be that property line of the lot designated as street frontage" in any building permit application for such lot. All lots are required to have the minimum street frontage on a single street or private way."

Gravel Pit An excavation for removal, processing, or storage of borrow, topsoil, loam, gravel, rock, sand, clay, silt, or other similar non-metallic earth materials whether alone or in combination.

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

Ground-Mounted Solar Energy Arrays One or more solar energy panels that is structurally mounted to the ground and is not roof-mounted and is not attached to a building.

Harvested Cannabis The plant material harvested from a mature cannabis plant, except the stalks, leaves and roots of the plant that are not used for a qualifying patient's medical use, including cannabis concentrate and cannabis products.

Headquarters for Contracting Business An establishment primarily engaged in the administration of a business, which renders services on a fee or contract basis. This use is similar to construction services, but generally is smaller in nature and usually includes the firm's offices with little additional storage.

Heliport A heliport restricted to private and personal use.

Home Occupation A home occupation is defined as an occupation or business activity which results in a product or service and is conducted in whole or in part in the dwelling unit or accessory structure. Home Occupations shall not include any principal or accessory uses related to medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein, unless expressly authorized herein.

Hotels/Motels A building or group of buildings designed for overnight accommodations for travelers and transients in rental guest rooms with or without cooking facilities but most accommodations having their own bathrooms. This definition includes Bed and Breakfasts with more than five (5) rooms, tourist courts, motor courts and motor lodges, but excludes lodging houses, boarding houses, rooming houses and dormitories.

Household Pets Those pets normally considered as household companions, but not including horses, cattle, sheep, goats, swine, chickens, turkeys or any animals raised for sale or for the sale of their products which shall be deemed farm animals.

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

Kennel Any place, building, tract of land, adobe, enclosure, or vehicle where three or more dogs or three or more cats, owned singly or jointly are kept for any purpose, including but not limited to breeding, hunting, show, field trials or exhibition, or where one or more dogs or other pets are kept for their owners in return for a fee. This definition shall not apply to dogs or cats under the age of six months. Conditional Use and Site Plan Review approval by the Planning Board are required for this use to be established.

Leachable Wastes Waste materials, including solid wastes, sludge, industrial uses and agricultural wastes capable of releasing contaminants to the surrounding environment.

Light Manufacturing The fully enclosed assembly or fabrication of materials specifically excluding processes such as smelting, refining, distilling, forging, and similar uses that convert raw materials to a finished or semi-finished product(s). This use may involve warehousing directly associated with the light manufacturing but does not include more traffic-intensive use(s) such as a Trucking Terminal. This use is subject to performance standards in the Light Manufacturing Overlay District. Light Manufacturing shall not include any principal or accessory uses related to medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein, unless expressly authorized herein.

Lot A parcel of land having distinct and defined boundaries and described in a deed, plot or similar legal document.

Lot Area The total land surface area within the lot lines.

Lot Lines The property lines bounding a lot and as further defined below:

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

Lot Width The distance between the side lot lines of the lot measured at the front setback line.

Lot, Back Any lot without direct frontage on a street. Legal access for development purposes can be added to a back lot through the back lot easement provisions of this ordinance.

Lot, Corner A lot with at least two (2) contiguous sides abutting upon a street and/or private way.

Lot, Coverage The percentage of the lot covered by all buildings.

Manufactured Housing Unit Structures, transportable in one or more sections, which were constructed in a manufacturing facility and transported to a building site and designed to be used as dwellings when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein.

Manufacturing/Processing Uses such as a textile mill, shoe factory, metal fabrication, canning of foods, meat packing or grain mill, the preparation of finished products made from foodstuff, fabrics, leather, wood, paper, rubber, stone, clay, glass, plastics, manmade materials and other similar materials. Manufacturing and Processing shall not include any principal or accessory uses related to medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein, unless expressly authorized herein.

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

Mechanical Repair Garage A place where general mechanical repairs to motor vehicles and related equipment that are predominantly not utilized on roads or highways may be performed. Collision services such as bodywork, frame or fender straightening and repairs such as repainting and undercoating are excluded. The storage or sale of engine fuels and kerosene or the storage of unlicensed vehicles is not permitted. The fabrication of parts for such motor vehicles and related equipment may be performed.

Medical Cannabis Medical Cannabis means cannabis used for “medical use,” as that term is defined herein.

Medical Cannabis Manufacturing Facility A registered tier 1 or tier 2 manufacturing facility or a person authorized to engage in cannabis extraction under section 2423-F of Title 22 of the Maine Revised Statutes, as amended.

Medical Cannabis Registered Dispensary An entity registered by the State of Maine under Section 2425-A of Title 22 of the Maine Revised Statutes, as amended, that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses cannabis or related supplies and educational materials to qualifying patients and caregivers of those patients. A Medical Cannabis Registered Dispensary shall not include a caregiver retail store or an adult use cannabis establishment as defined herein.

Medical Cannabis Registered Dispensary Cultivation Facility A facility that is used solely for the purpose of cultivating cannabis by a medical cannabis registered dispensary.

Medical Cannabis Testing Facility A public or private laboratory that: a.) Is authorized in accordance with section 2423-A, subsection 10 of Title 22 of the Maine Revised Statutes, as amended, to analyze contaminants in and the potency and cannabinoid profile of samples; and b.) Is accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization, as amended, by a 3rd- party accrediting body or is certified, registered or accredited by an organization approved by the Department of Administrative and Financial Services.

Medical Facilities A facility, which contains establishment dispensing health services including clinics and/or groups of doctors in an office complex. Medical Facilities shall not include any primary or accessory uses associated with the cultivation, sale or dispensing of Medical Cannabis.

Medical Use The acquisition, possession, cultivation, manufacture, use, delivery, transfer or transportation of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a qualifying patient's medical diagnosis or symptoms for which a medical provider has provided the qualifying patient a written certification under Maine law.

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.

Minimum Lot Area The land area of a parcel, not including the area of any land which is: beneath roads or driveways serving more than two lots, and areas which are part of a right of way for a street or easement, such as but not limited to, surface drainage easements or traveled rights of way (but not including utility easements servicing that lot).

Mobile Home A detached, single-family dwelling unit with the following characteristics:
1. Manufactured as a relocatable living unit without a permanent foundation, designed for long- term, year-round occupancy and containing sleeping accommodations, a toilet, a tub or shower bath and kitchen facilities, including major appliances and furniture, with plumbing and electrical connections provided for attachment to outside systems.
2. Designed to be transported, after fabrication, on its own chassis, and connected to utilities upon being placed on a permanent foundation or mobile home stand.
3.Designed to be installed with only incidental unpacking and assembling operations.

Mobile Home Park A parcel of land under unified ownership approved by the municipality for the placement of three (3) or more mobile homes.

Mobile Vendor Mobile Vendor shall mean and include any food service establishment not more than eight (8) feet in width and eighteen (18) feet in length attached to wheels and which is capable of moving under its own power or being a self-contained unit to be readily moved and must have a wash basin and napkins if selling food, and which has all utilities and facilities contained within it or is capable of hookup thereto, in order to serve persons present at its location. The term shall exclude any use which falls exclusively within the definition of lunch wagon" under 30-A.M.R.S.A. Sec. 3931 as amended from time to time."

Multifamily Development A lot which contains one or more multifamily dwellings, two or more two- family dwellings, three or more single family dwellings, or any combination of buildings containing more than four (4) dwelling units on a single lot. An affordable housing development is considered to be a type of multifamily development if the subject parcel contains the requisite number of dwelling units per this definition.

Multi-Family Dwelling A building containing three or more dwelling units, such buildings being designed for residential use and occupancy by three (3) or more families living independently of one another, with the number of families not exceeding the number of dwelling units.

Municipal Uses A municipally owned or operated facility performing any governmental function including but not limited to municipal buildings, structures and facilities, public parks, public recycling facilities, public recreation facilities and fire stations. This definition does not include public schools.

Net Residential Area The net area of a parcel or site that is generally suitable for development in its natural state. Net residential area shall be determined by subtracting unsuitable and marginal areas from the gross land area as calculated in Section 401.13.18 of the Town of Gray Subdivision Ordinance.

Net Residential Density Net residential density shall mean the number of dwelling units allowed on a parcel or site after unsuitable land is deducted and the minimum area per lot (or dwelling unit in the case of multi-family) for the District is applied to the remaining suitable land area.

New Pit Operations Creation of new sand, fill or gravel pits. New pit operations are subject to rehabilitation requirements as specified in this Ordinance.

Non-Conforming Lot of Record A lot shown on a plan or deed recorded prior to the effective date of this ordinance or amendment which does not meet the area, frontage, width or depth requirements of the District in which it is located but which met all such requirements at the time it was created.

Non-Conforming Structure A structure that does not meet all of the following dimensional requirements: set-backs, height, and lot coverage; but which met all such requirements at the time it was constructed.

Nonconforming Use Use of land or structures that is not permitted in the district in which it is located or which does not meet the performance standards proscribed for it by this ordinance but which was permitted and did meet all standards at the time it was established.

Nursing Home An institution that provides nursing or convalescent care to chronic or convalescent patients, but does not provide hospital services such as an operating room or x-ray facility unless incidental to the delivery of nursing or convalescent care.

Office, Business or Professional The place within and from which a person or persons conducts a business providing, by way of example, but not limited to, a trade, professional or service to clients or customers. Business and professional offices may include, but are not limited to, offices for plumbing, electrical, and other construction trades, firms or contractors (including headquarters); and for lawn care and building cleaning companies; and for lawyers, doctors, accountants, engineers and other professional consultants. Personal services, medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein, are not included in this definition.

Open Space Land or water area not involving a structure, earth-moving activities, the removal or destruction of vegetative cover, spawning ground of fish and aquatic life or bird and other wildlife habitat.

Operator The owner or operator of an excavation.

Passive Recreation Outdoor recreational activities which involve no structural or mechanical components or facilities, or earth moving, such as hiking, fishing, hunting, etc.

Patio An uncovered floor, usually made on concrete, brick or other masonry material, which is not elevated above the surface of the ground in any matter.

Permitted Use A use specifically allowed in a zoning district without the need for any review by a Town regulatory Board but subject to all zoning and building code requirements. Adult use cannabis establishments are expressly prohibited in all zoning districts within the Town.

Personal Property Property which is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.

Personal Service Uses such as a laundromat, laundry, dry cleaning establishment, beauty shops, barber shops, shoe repair, photographic studio and similar businesses providing services of a personal nature.

Planned Unit Development A commercial and retail land development project comprehensively planned as an entity via a unitary site plan which permits flexibility in building, siting, mixtures of commercial and retail types and land uses, usable open spaces, and the preservation of significant natural features.

Principal Building The building in which the primary use of the lot is conducted.

Principal Use The primary use to which the premises are devoted, and the main purpose for which the premises exist, provided however that use of any portion of a lot pursuant to an easement for Commercial Recreation, Outdoor shall not constitute a Principal Use or structure of said lot.

Private Assembly A gathering of a number of people for meetings of a private nature such as social clubs, fraternal and service organizations, or cultural enrichment and primarily not for profit.

Private Landing Strip for Personal Aircraft A landing strip restricted to private and personal use. Includes areas for landing helicopters subject to the provisions of the Ordinance.

Private Way Any access way, designated for private or public use by a group of property owners, but not under public ownership and maintenance.

Professional Offices The place of business for doctors, lawyers, accountants, architects, surveyors, psychiatrists, psychologists, counselors, but not including financial institutions or personal services.

Prohibited Use All uses not specifically allowed as Permitted Uses or Conditional Uses, except as provided by Section 402.5.2 D of this Ordinance.

Protected Natural Resource As defined in 38 MRSA Section 480-B Subsection 8.

Public Assembly – Indoor Use such as theaters, playhouses, arenas, field houses or auditoriums.

Public Assembly – Outdoor Use such as drive-in movies, race tracks, or stadium.

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Public Building A building owned, operated or funded in whole or in part by the Town of Gray which members of the general public have occasion to visit, either regularly or occasionally, such as, but not limited to the Municipal Offices, Stimson Hall, the Gray Public Library, Newbegin Gym, the Public Safety Building, and the Fire Stations.

Public Utilities The office, plant, generating facility, substation, or transmission lines of a person, firm or corporation, board or commission authorized to furnish gas, steam, electricity, communication facilities, transportation or water to the public.

Public Works Projects A project for the Town of Gray, other municipal entity, or the State of Maine including, but not limited to, the Maine Department of Transportation, and the Maine Turnpike Authority.

Qualifying Patient A person who has been a resident of the State for at least 30 days and who possesses a valid written certification regarding medical use of cannabis in accordance with 22 M.R.S.A. 2423-B, as may be amended.

Quarry An excavation for the extraction of rock.

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

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

Reclamation Reclamation means the rehabilitation of the area of land affected by mining, including, but not limited to, the stabilization of slopes and creation of safety benches, the planting of forests, the seeding of grasses and legumes for grazing purposes, the planting of crops for harvest, the enhancement of wildlife and aquatic habitat and aquatic resources and the development of the site for residential, commercial, recreational or industrial use.

Recreational Use of Cannabis Recreational use of cannabis means personal use of cannabis as permitted in 7 M.R.S.A. § 2452, as may be amended from time to time.

Recreational Vehicle A vehicle or vehicular attachment designed for temporary sleeping or living quarters for one or more persons, which is not a dwelling and which may include a pick-up camper, travel trailer, tent trailer, camp trailer, and motor home. In order to be considered as a vehicle and not as a structure, the unit must remain with its tires on the ground, and must possess a current registration sticker from any state Division of Motor Vehicles.

Redemption Center A place of business which deals in acceptance of empty returnable beverage containers from either consumers or from dealers, or both, and which is licensed by the State of Maine as a redemption center.

Registered Caregiver Registered caregiver means a caregiver who is registered by the Maine Department of Administrative and Financial Services pursuant to 22 M.R.S.A. § 2425-A, as may be amended from time to time.

Registered Caregiver Cultivation Areas An indoor area used for cultivation in accordance with Chapter 558-C of Title 22 of the Maine Revised Statutes that is enclosed and equipped with locks or other security devices that permit access only by a person authorized under said law.

Registered Patient Registered patient means a “registered patient” as that term is defined in 22 M.R.S.A. § 2422(12), as may be amended from time to time.

Repair Service A business engaged in the servicing or repair of equipment and goods customarily associated with residential households rather than businesses. Such uses may include, but are not be limited to, the servicing or repair of: appliances, watches, jewelry, bicycles, computers and electronic equipment typically used in households. The servicing of any motorized vehicle, construction-related equipment, or recreational vehicle or accessory is specifically excluded from this definition. In no event shall there be any retail sales or outdoor storage associated with the repair service unless otherwise allowed in the district and specifically approved under Site Plan Review.

Research Facilities A building or buildings and/or structure or structures and any accessory equipment or use in directing scientific or other forms of human inquiry into phenomena including but not limited to nature, human nature, the physical environment, eco-systems, other systems and products and devices.

Residential Open Space Subdivision A form of residential development that provides flexibility in design and promotes creating open space by reducing lot area and bulk requirements for individually owned lots, provided that the allowed number of lots does not exceed the required zoning density standards for the respective district.

Restaurant A business establishment where food and drink are prepared, served, and consumed primarily within the principal building. Providing food to patrons shall clearly be the primary use and the serving of alcoholic beverages shall be ancillary (see Tavern). Outdoor seating is permitted with Planning Board approval. Drive-Through facilities shall not be permitted unless it is a permitted/conditional use and specifically approved by the Planning Board. In no event shall a Restaurant be permitted to prepare, sell, serve or allow to be consumed on premises cannabis or cannabis products.

Retail Cannabis Cannabis or Cannabis Concentrate that is cultivated, manufactured, distributed or sold by a licensed Retail Cannabis Establishment or Retail Cannabis Social Club.

Retail Cannabis Cultivation Facility An entity licensed to cultivate, prepare and package Retail Cannabis and sell Retail Cannabis to Retail Cannabis Establishments and Retail Cannabis Social Clubs.

Retail Cannabis Establishment A Retail Cannabis Store, a Retail Cannabis Cultivation Facility, a Retail Cannabis Products Manufacturing Facility or a Retail Cannabis Testing Facility.

Retail Cannabis Product Concentrated retail cannabis and retail cannabis products that are composed of Retail Cannabis and other ingredients and are intended for use or consumption, including, but not limited to, edible products, ointments and tinctures.

Retail Cannabis Products Manufacturing Facility An entity licensed to purchase Retail Cannabis; manufacture, prepare and package Retail Cannabis Products; and sell Retail Cannabis and Retail Cannabis Products only to other Retail Cannabis Products Manufacturing Facilities, Retail Cannabis Stores and Retail Cannabis Social Clubs.

Retail Cannabis Social Club An entity licensed to sell Retail Cannabis and Retail Cannabis Products to consumers for consumption on the licensed premises.

Retail Cannabis Store An entity licensed to purchase Retail Cannabis from a Retail Cannabis Cultivation Facility and to purchase Retail Cannabis Products from a Retail Cannabis Products Manufacturing Facility and to sell Retail Cannabis and Retail Cannabis products to consumers.

Retail Cannabis Testing Facility An entity licensed and certified to analyze and certify the safety and potency of Retail Cannabis and Retail Cannabis Products.

Retail Trade Any business engaged in sales to the ultimate consumer for direct consumption and/or use, and not for resale. The term retail trade shall include such uses as stores for the sale of hardware, food, apparel, furniture, jewelry, drugs, general merchandise, photographic equipment, athletic equipment, appliances, reading material, automobile sales and banks. Retail trade shall not include the sale of cannabis for medical use or adult use, or cannabis paraphernalia.

Rock A hard non-metallic material that requires cutting, blasting, or similar methods of forced extraction.

Roof-mounted Solar Energy Arrays One or more solar energy panels mounted on a rack that is fastened to or ballasted on a structure roof.

Schools An institution either public or private for education or instruction, including a college, university or school conducting classes pursuant to a program approved by the State Board of Education or similar governmental agency, but not including commercially operated schools, such as schools of beauty culture, business, dancing, driving, music or recreation which shall be deemed retail businesses.

Self-Storage Facility One or more structures containing separate storage spaces of varying size, leased or rented on an individual basis. Self-storage facilities made up of multiple buildings are limited to a maximum width of 50 feet and a height of 25 feet for each structure. Outdoor storage is prohibited. All self-storage uses are subject to performance standards. Self-storage shall not include any principal or accessory uses related to medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein, unless expressly authorized herein.

Setback The horizontal distance from a lot line to the nearest part of a structure, including any building overhangs.

Shed A free-standing accessory structure, principally utilized for storage, which is customarily and in fact both incidental and subordinate to the principal use or structure on the property. The term "incidental" in reference to the principal use or structure shall mean subordinate and minor in significance to the principal use or structure.

Short-term rental unit Living quarters offered for rental through a transient rental platform as defined by 36 M.R.S.A. Section 1752 (20-C), at which one or more overnight accommodations are available to rent for a tenancy of less than thirty (30) consecutive calendar days, excluding campgrounds, motels, hotels, and bed and breakfasts.

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

Silt or Clay A material that consists of particles of such size that forty-five (45) percent or more of the fraction of those particles able to pass through a three (3) inch sieve pass through the United States Standard Number 200 sieve, or a material that exhibits similar erosion potential, difficulty of stabilization, or runoff based upon gradation, plasticity, permeability, or other relevant criteria.

Similar Use A use which is not specifically listed as a permitted or conditional permitted use in the Ordinance but is similar to and not more objectionable than those listed in the Ordinance as determined by the Planning Board under the conditional use criteria of Section 402.9.3. In no event shall medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein be deemed a similar use.

Single-Family Dwelling A building containing only one dwelling unit for occupation by not more than one family.

Site Plan Review The process by which the Planning Board reviews and may attach conditions under the conditional use criteria and site plan review standards to uses that are of such a scale and nature that they may affect the physical and visual environment, the provision of public services, the value and rights of adjoining properties, and the health, safety and welfare of the citizens.

Sludge Residual materials produced by water or sewage treatment processes and by domestic septic tanks.

Solar Energy Array A group of solar panels.

Solar Energy Production Site, Commercial (CSEPS) A site that includes all components of a Commercial Solar Energy System, including the maximum cumulative area of the solar array footprint, typically fenced for security purposes, and any of the following: ground-mounted solar arrays, transformers, inverters, driveways and interior accessways, and buildings housing equipment functionally necessary for the commercial solar energy system.

Solar Energy Production Site, Large-Scale Commercial A commercial solar energy production site that occupies between twenty (20) and forty (40) acres of total area;

Solar Energy Production Site, Medium-Scale Commercial A commercial solar energy system that occupies between .5 of an acre and twenty (20) acres of total area.

Solar Energy Production Site, Small scale Commercial A solar energy system that occupies less than .5 of an acre of surface area; surface area shall be measured by the total area of the Commercial Solar Energy Production Site.

Solar Energy System, Commercial A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical or electrical means to be primarily distributed off-site. These systems are not inclusive of Private Solar Energy Systems (PSES).

Solar Energy System, Ground-Mounted A solar energy system that is structurally mounted to the ground and is not roof-mounted and is not attached to a building.

Solar Energy Systems, Private (PSES) A solar collection system used to capture solar energy, convert it to electrical energy or thermal power, and supply electrical or thermal power solely for on-site use, as an accessory use to the principal structure. These shall consist of roof/building mounted solar collection system equipment and/or ground-mounted equipment consisting of one or more solar panels structurally mounted to the ground. Any system that exceeds the definition of a PSES, as set forth in this Ordinance, shall be considered a Commercial Solar Energy System. A PSES can include one or more of the following:

Solar Panel A contiguous group of photovoltaic cells that convert sunlight to electricity arranged in a plane and linked in such a way to operate as a single unit measuring less than thirty (30) square feet in area. Reflecting mirrors used for directing and focusing sunlight are specifically excluded from this definition.

Solid Waste Useless, unwanted or discarded solid material with insufficient liquid content to be free flowing. This includes, but is not limited to, rubbish garbage, scrap materials, junk and refuse.

Specified Sexual Activities 1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Stream, Year-Round Any stream that is marked on a USGS map by a solid line.

Street An existing state, county, or town way; a street shown upon a plan duly approved by the Planning Board and recorded in the County Registry of Deeds: or a street shown on a plan duly recorded in the County Registry of Deeds prior to the establishment of the Planning Board and the grant to the Planning Board of its power to approve plans. The term "street" shall not include those ways which have been discontinued or abandoned.

Structure Anything constructed or erected, the use of which requires a fixed location on or in the ground, or an attachment to something having a fixed location on the ground, including buildings, commercial park rides and games, carports, decks, and other building features, but not including signs, sidewalks, fences, patios, driveways, parking lots and ground-mounted Private Solar Energy Systems, though applicable performance standards still apply for such features.

Subdivision This ordinance defines “Subdivision” as it is defined in 30-A M.R.S.A. Section 4401 to mean the division of a tract or parcel of land into three (3) or more lots within any five (5) year period that begins after September 23, 1971. This definition applies whether the division is accomplished by sale, lease, development, buildings or otherwise. The term “subdivision” also includes the division of a new structure or structures on a tract or parcel of land into three (3) or more dwelling units on a single tract or parcel of land and the division of an existing structure or structures previously used for commercial or industrial use into three (3) or more dwelling units within a five (5) year period. This definition and all other provisions in 30-A M.R.S.A. Section 4401 as may be amended from time to time is also incorporated into this definition.

Substantial Expansion Floor space increase of 25% or new materials or processes not normally associated with the existing use.

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

Substantial Start Completion of thirty (30) percent of a permitted structure or use measured as a percentage of estimated total cost.

Subsurface Sewage Disposal System A collection of treatment tank(s), disposal area(s), holding tank(s) and pond(s), surface spray system(s), cesspool(s), well(s), surface ditch(es), alternative toilet(s), or other devices and associated piping designed to function as a unit for the purpose of disposing of wastes or wastewater on or beneath the surface of the earth. The term shall not include any wastewater discharge system licensed under 38 MRSA Section 414, any surface wastewater disposal system licensed under 38 MRSA Section 413 Subsection 1-A, or any public sewer. The term shall not include a wastewater disposal system designed to treat wastewater which is in whole or in part hazardous waste as defined in 38 MRSA Chapter 13, subchapter 1.

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

Tavern A business establishment, serving either the general public or a private party, where beverages and/or food are prepared, served, and consumed predominantly within the principal building. Serving beverages shall clearly be the primary use and providing food shall be ancillary (see Restaurant). The retail sale of prepackaged beverages or food to be consumed off the premises is specifically prohibited. Approval by the Planning Board for Conditional Use and Site Plan Review is required for any food or beverage consumption outside the principal building. In no event shall a Tavern be permitted to prepare, sell, serve, or allow to be consumed on premises cannabis or cannabis products.

Tilt The angle of the solar panels and/or solar collector relative to horizontal of a solar energy system.

Timber Harvesting The cutting and removal of trees from their growing site, and the attendant operation of cutting and skidding machinery, but not the construction or creation of roads. Timber harvesting does not include the clearing of land for approved construction.

Topsoil The top layer of soil that is predominantly fertile and ordinarily moved in tillage or the equivalent of such a layer in uncultivated soils.

Trailer, Utility A vehicle without motive power, designed to be towed by a passenger automobile but not designed for human occupancy and which may include a utility trailer, boat trailer, horse trailer, or snowmobile trailer.

Travel Trailer Any portable vehicle which is designed to be transported on its own wheels; which is temporarily living quarters for travel, recreational, vacation or construction purposes; and which may or may not contain one or all of the accommodations and facilities included in a mobile home.

Trucking Terminal A building or buildings and/or structure or structures and any other facilities for the loading and off-loading of goods from trucks, the temporary storage of said goods, spaces for the temporary overnight parking of trucks, facilities for the normal and routine maintenance of trucks, accessory uses thereto including but not limited to dispatcher's office or administrative or recordkeeping office.

Two-Family Dwelling A building containing only two dwelling units, for occupation by not more than two families.

Undue Hardship Legal criteria established by State statute that must be met before a variance from the requirements of the Zoning Ordinance can be granted by the Board of Zoning Appeals:
1. That the land in question cannot yield a reasonable return unless a variance is granted;
2. That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;
3. That the granting of a variance will not alter the essential character of the locality; and
4. That the hardship is not the result of action taken by the applicant or a prior owner.

Use The purpose for which land or a structure is arranged, designed, intended, or for which land or a structure is or may be occupied.

Variance A relaxation of the terms of this ordinance. Variances permissible under this ordinance are limited to dimensional and area requirements subject to the hardship criteria. No variance shall be granted for the establishment of any use otherwise prohibited, nor shall a variance be granted because of the presence of nonconformities of other buildings or uses in the immediate or adjacent areas.

Veterinary Hospital or Clinic A building used for the diagnosis, care and treatment of ailing or injured animals which may include overnight accommodations. The overnight boarding of healthy animals shall be considered a kennel.

Warehousing A land area where goods, wares, and merchandise are stored in a warehouse facility and/or in outdoor areas. This use may involve light manufacturing directly associated with the warehousing but does not include more traffic-intensive use(s) such as a Trucking Terminal. This use is subject to performance standards in the Light Manufacturing Overlay District. Warehousing and associated light manufacturing shall not include any principal or accessory uses related to medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein, unless expressly authorized herein.

Wholesale Trade Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. Wholesale Trade shall not include the sale of cannabis or cannabis products.

Working Excavation The area of extraction, including side slopes, of an excavation for borrow, topsoil, loam, gravel, rock, sand, clay, silt, or other similar non-metallic earth materials whether alone or in combination. The area of a "working excavation" does not include areas for stockpiles, permanent fixed structures such as an office building, permanent processing facility, or fixed fuel storage.

Zoning District A specified portion of the municipality, delineated on the Official Zoning Map, within which certain regulations and requirements or various combinations thereof apply under the provisions of this Ordinance.

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MapLink™ | Definitions

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Town of Gray, ME

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