City of Biddeford, ME Article V Establishment of Zones

Section 1 Classes of zones.

[Ord. No. 2001.90, § 3, 10-16-2001; Ord. No. 2003.4, 1-21-2003; Ord. No. 2003.66, 7-1-2003; amended 2-2-2010 by Ord. No. 2009.98]

For the purpose of this ordinance, the City is hereby divided into the following classes of zones:

Suburban Residential Zones to be known as SR Zones.

Coastal Residential Zones to be known as CR Zones.

Residential Zones to be known as R Zones.

Business Zones to be known as B Zones.

Industrial Zones to be known as I Zones.

Waterfront Zones to be known as W Zones.

Rural-Farm Zones to be known as R-F Zones.

Limited Rural-Farm Zones to be known as LR-F Zones.

Medical Zones to be known as M Zones.

Shoreland Zones to be known as RP-1, RP, LR, GD-1, GD-2, CFMA, and LC Zones.

Contract Zones to be known as CZ Zones.

Institutional Zones to be known as IN Zones.

Office Residential Zones to be known as OR Zones.

Main Street Revitalization District zones to be known as MSRD Zones.

Aquifer Protection Overlay Zones to be known as APO Zones.

Section 2 General description of zones and allowed uses.

[Ord. No. 2001.90, § 4, 10-16-2001; Ord. No. 2003.4, 1-21-2003; Ord. No. 2003.66, 7-1-2003; Ord. No. 2007.79, 9-4-2007]

The following section provides a brief general description and philosophy for each specific zone or district.

a. Suburban Residential Zone (SR-1): This zone is generally limited to single-family residential use, with provisions for professional offices in the home under special circumstances. These areas are typically large lot single-family homes on public sewer and water, or at least public water.

b. Coastal Residential Zone (CR): This zone was created to identify coastal areas with significant environmental or visual significance. The area is limited to single-family residential uses and some home offices under special circumstances. The zone is characterized by varying lot sizes dependent upon soil types.

[Amended 6-1-2021 by Ord. No. 2021.43]

c. Residential Zones:

[Amended 10-2-2018 by Ord. No. 2018.110; 6-1-2021 by Ord. No. 2021.43]

	R-1-A: These areas are limited to single-family and duplex/two-family residential uses These areas are served by water and sewer. These districts are best characterized as in-town single-family and duplex/two-family neighborhoods.
	R-1-B: These areas are limited to single-family and duplex/two-family residential uses. These areas are served by water and sewer. These districts are best characterized as in-town single-family and duplex/two-family neighborhoods.
	R-2: These areas are higher-density multifamily neighborhoods which allow for a mixture of residential uses. These areas are served by water and sewer.
	R-3: This zone is intended to provide maximum flexibility in terms of residential use; it allows for a mixture of housing types on varying lot sizes.

d. Business Zones:

	B-1: This in the in-town commercial area. It allows for a mixture of commercial and multifamily residential uses. The intent is to support commercial activities to the maximum extent possible, while providing space and opportunities to develop multifamily housing in vacant factory structures and the upper stories of the existing and new structures.
	B-2: These are highway-oriented commercial areas. Residential development is prohibited from this zone.

e. Industrial Zones:

[Amended 4-7-2015 by Ord. No. 2015.11]

	I-1: This district allows for general commercial and industrial uses.
	I-2: A more defined industrial zone that allows for selected industrial uses. Requires review/recommendation by the Economic Improvement Commission.
	I-3: Is a gateway zone for a major entrance to the City, as such, appearance of structures and properties is a major consideration in the Planning Board's review process. Land use proposals in this area must meet more stringent design and landscaping standards; facades of new or rehabilitated structures shall be of brick or stone, other materials may be considered on a case-by-case basis; residential styled structures may be allowed on a case-by-case basis. The general zone allows a mixture of commercial and industrial uses. Exterior storage and display is prohibited except on those parcels of land that abut Pomerleau Street but do not abut either Barra Road or Alfred street (Route 111).

f. Waterfront Zones:

	W-1: Allows for a mixture of water-dependent or oriented commercial uses, including residential uses.
	W-2: Allows for commercial water-dependent uses.
	W-3: The Biddeford Pool Village Waterfront Zone that allows both water and non-water dependent or oriented commercial uses, including residential uses.

g. Rural-Farm Zone (R-F): Allows for agricultural and residential uses, and under special circumstances some commercial uses.

h. Limited Rural-Farm Zone (LR-F): Area limited to nonresidential uses, such as recycling, open space, some agricultural uses, extractive operations.

i. Medical Zone (M): Allows for hospitals and medical offices or other uses associated with medical facilities or occupations.

j. Shoreland Zones (RP-1, RP, LR, GDI, GDII, CFMA, and LC): See Article XIV (Shoreland Zoning) for descriptions.

[Amended 2-2-2010 by Ord. No. 2009.98]

k. Contract/Conditional Use Zones (CZ #): Zones created by contract or agreement between a developer and the City Council, after review by the Planning Board. This zoning allows for uses not normally allowed within a specific district, because they have unique benefits to the general public or community. See Article V, Section 9. Existing contract zones are listed as amendments to the Zoning Ordinance in Article XIII, Section 3.

[Amended 2-2-2010 by Ord. No. 2009.98]

l. Institutional Zone (IN): The purpose of the Institutional Zone is to accommodate college and university uses while minimizing the adverse effects that such uses may have on the predominantly residentially zoned neighborhoods surrounding the institutional zone. All university uses or uses conducted by a college or university shall conform to an institutional master plan approved by the Planning Board in accordance with Article V, Section 11 of this Code.

[Amended 2-2-2010 by Ord. No. 2009.98]

m. Office Residential Zone (OR). It is the purpose of the OR Zone to provide for the orderly transition of older residential areas along the major traffic arteries to a mix of residential and low-intensity nonresidential uses. It is the intent of the OR Zone to enable existing properties to be converted to low-intensity office and service uses, provided that the established architectural character of the area is maintained, exterior display is limited, and that proposed conversions to nonresidential uses are subject to site plan review.

[Amended 2-2-2010 by Ord. No. 2009.98]

n. Main Street Revitalization District Zones (MSRD):

[Amended 2-2-2010 by Ord. No. 2009.98; 4-16-2013 by Ord. No. 2013.24]

	MSRD-1: The commercial core district where the intent is to preserve the historic character of Biddeford while promoting the growth of businesses and residences in the district.
	MSRD-2: The residential conservation district where the intent is to provide for areas of medium density while preserving the residential and historical character of the existing buildings while still providing opportunities for maintenance and remodeling of residences.
	MSRD-3: The high-density and mixed-use district where the intent is to preserve the historic character of buildings while facilitating the redevelopment of vacant and underused mill buildings into a vibrant residential and commercial community which contributes to the revitalization of the City’s downtown.

o. Aquifer Protection Overlay Zone (APO): It is the purpose of the APO Zone to protect the groundwater resources of the City of Biddeford by restricting the uses and activities on land overlying aquifer and aquifer recharge areas, to control the use and handling of hazardous substances that could lead to the degradation of aquifers and aquifer recharge areas, and to preserve and maintain the existing aquifer(s) in the City of Biddeford as a water supply source for use by the City's residents.

Section 3 Rules governing zone boundaries.

A. The above zones or districts shall be clearly presented and displayed on a map of the City of Biddeford. Said map shall be called the "Official Zoning Map of the City of Biddeford."

B. Changes to the Official Zoning Map shall be authorized by the City Council, upon recommendation by the Planning Board. A statement of such authorization, signed by the Mayor and City Clerk, and a description and date of approval by the Council of the change shall be affixed to the Official Zoning Map. The inking of line changes or other changes shall be completed by the City Engineering Department and approved by the City Planner and the Code Enforcement Officer.

C. In addition to the Official Zoning Map, a narrative description, stating meets and bounds, and other clear language descriptions of the zones shall be maintained by the Code Enforcement Officer.

D. The Code Enforcement Officer may transpose the information concerning zoning lines from the Official Zoning Map to any other maps that meet his needs. These maps shall not be considered as Official Zoning Maps.

E. Except regarding Shoreland Zone boundaries, where uncertainty exists as to the boundaries of zones as shown on the Official Zoning Map the following rules shall apply:

[Amended 2-2-2010 by Ord. No. 2009.98]

1. Boundaries indicated as approximately following the center lines of streets, highways, alleys, railroad rights-of-way, rivers, or streams shall be construed to follow such center lines.

2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

3. Boundaries indicated as approximately following City limits shall be construed as following City limits.

4. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline.

5. Boundaries indicated as parallel to or extensions of features indicated in Subsections E1 through 4 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the Map.

6. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or other circumstances not covered by Subsections E1 through 5 above, the Zoning Board of Appeals shall interpret the zone boundaries.

F. Where uncertainty exists regarding Shoreland Zone boundaries, the terms set forth in Article XIV (Shoreland Zoning) shall apply.

[Added 2-2-2010 by Ord. No. 2009.98]

G. The Code Enforcement Officer shall be the final determiner of the exact location of a particular zone boundary. Any appeal to his decision shall be made to the Zoning Board of Appeals for an administrative decision.

[Amended 2-2-2010 by Ord. No. 2009.98]

Section 4 Zoning affects all structures and land.

[Ord. of 6-1-1999(1)]

A. Except as hereinafter specified, no building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, moved, or altered unless in conformity with all of the regulations herein specified for the zone in which it is located, unless a variance is granted.

B. A new structure may be permitted to be built with the greater of the following front yard setbacks:

1. The setback will be equal to the average front yard setback of the existing houses on the immediately adjacent lots;

2. The setback shall be at least 15 feet;

3. These provisions shall apply only along existing residential streets which were developed prior to the enactment of the present front yard setback requirements.

C. The minimum setback for an accessory structure shall be equal to the front yard setback of the existing principal structure.

D. Any residential structure in existence prior to December 20, 1990, may be expanded or added to as long as they meet minimum setbacks (from major access, 40 feet; from other streets, 25 feet; from side and rear property lines, 10 feet).

Section 5 Basic requirement.

Permitted uses and conditional uses in all districts shall conform to all applicable specifications and requirements. A plumbing permit, building permit, and/or certificate of occupancy shall be required for all buildings or structures, uses of land and buildings, and sanitary facilities, according to the provisions of this ordinance.

Section 6 District regulations/land use/lot size requirements.

[Ord. of 12-15-1992; Ord. of 1-19-1993, §§ 1-7; Ord. of 5-21-1996; Ord. of 2-4-1997(2); Ord. of 11-17-1997(5); Ord. of 6-2-1998(1); Ord. of 6-15-1999(2); Ord. of 11-16-1999(1); Ord. No. 2000.19, 4-4-2000; Ord. No. 2000.35, 5-2-2000; Ord. No. 2000.36, 5-2-2000; Ord. No. 2000.67, 8-1-2000; Ord. No. 2001.3, 1-16-2001; Ord. No. 2001.10, 2-20-2001; Ord. No. 2001.45, 5-16-2001; Ord. No. 2001.46, 6-5-2001; Ord. No. 2001.90, § 5,10-16-2001; Ord. No. 2001.107, 11-20-2001; Ord. No. 2003.4, 1-21-2003; Ord. No. 2003.14, 2-4-2003; Ord. No. 2003.31, 4-15-2003; Ord. No. 2003.66, 7-1-2003; Ord. No. 2006.13, 3-7-2006; Ord. No. 2006.39, 6-20-2006; Ord. No. 2006.108, 1-2-2007; Ord. No. 2007.79, 9-4-2007; Ord. No. 2008.79, 10-21-2008]

A. Land use permitted to each district, in conformance with the general performance standards of this ordinance, are shown in the following table, the table of land uses for MSRD Zones contained in this article, Section 7 (Main Street Revitalization Districts), and in Article XIV (Shoreland Zoning), Section 14, Table of Land Uses.

[Amended 2-2-2010 by Ord. No. 2009.98]

B. Multifamily and nonresidential uses shall be subject to the provisions of site review (Article XI) of this ordinance.

C. Conditional uses shall meet the tests outlined in Article VII, Section 6 of this ordinance.

D. Uses proposed near the Biddeford Airport shall meet the performance standards outlined in Article VI, Section 3 [4].

E. (Reserved)[1]

[1] Editor's Note: Former Subsection E, which provided for uses proposed near wetland areas, was repealed 2-2-2010 by Ord. No. 2009.98.

F. Uses proposed in the I-3 Zone shall be subject to the structural design and landscape conditions in Article V, Section 2.

G. (Reserved)[2]

[2] Editor's Note: Former Subsection G, which provided for uses proposed within areas indicated as Shoreland Zoning, was repealed 2-2-2010 by Ord. No. 2009.98.

H. All project proposals shall file a statement, following required research, that: there are no underground fuel tanks on-site; no significant historic or archaeological significance to the site.

I. Key:[3]

[3] Editor's Note: Table A, Table of Land Uses, and its Key are included at the end of this article.

Section 6A Dimensional requirements.

[Ord. of 4-2-1996; Ord. of 2-3-1998(1); Ord. of 2-16-1999(8); Ord. of 6-1-1999(1); Ord. No. 2001.45, 5-16-2001; Ord. No. 2001.90, § 6, 10-16-2001; Ord. No. 2003.4, 1-21-2003; Ord. No. 2003.66, 7-1-2003; Ord. No. 2003.67, 7-1-2003; Ord. No. 2005.3, 2-1-2005; Ord. No. 2006.13, 3-7-2006; Ord. No. 2008.53, 8-5-2008; Ord. No. 2008.80, 10-7-2008]

Lots and buildings in all districts shall meet or exceed the following requirements. Additional requirements may be imposed by other provisions of this ordinance.[1]

Table C Lot Size Requirements for Coastal Residential (CR) District
The minimum area in square feet required for single-family residential use as permitted in this zone shall be according to the following4, 5:
Chart 9B1 Minimum Square Feet Lot Size2
Soil Profile1	Soil Condition
	A	B	C
1	40,000	30,000	30,000
2	30,000	25,000	30,000
3	30,000	30,000	35,000
4	25,000	20,000	25,000
5	40,000	40,000	80,000
6	40,000	40,000	80,000
7	35,000	35,000	35,000
8	30,000	30,000	30,000
9	35,000	35,000	35,000

NOTES:
1	Soil condition and soil profile as indicated on the application for the private wastewater disposal system (Form HE 200).
2	Source: Appendix E. Subsurface Wastewater Disposal Rules.
3	The above square foot requirements are established for lots created within the Coastal Residential Zone requiring the use of private subsurface sewage disposal systems and served by a municipal water supply.
4	For lots not served by municipal water supply, the minimum lot size within this zone shall be 80,000 square feet.
5	For lots served by municipal sewer, the minimum lot size within this zone shall be 20,000 square feet.
	The Code Enforcement Officer may grant administrative variances for setbacks within the Coastal Residential (CR) Zone under the following conditions:
	1.	Lots existed prior to June 8, 1988;
	2.	Are in separate ownership from abutting lots or parcels;
	3.	The setback variances shall result in a situation where the setback shall be no less than:
		Front yard: 40 feet;
		Side and rear yard setbacks: 10 feet.
The Code Enforcement Officer shall document the reasons for his decision and maintain on file with any other pertinent information pertaining to the issue and property.

[1] Editor's Note: Table B, Dimensional Requirements, is included at the end of this article.

Section 7 (Reserved) [1]

[1] Editor's Note: Former Section 7, Main Street Revitalization Districts, was repealed 4-16-2013 by Ord. No. 2013.24. See now Art. V, Section 2n.

Section 8 (Reserved) [1]

[1] Editor's Note: Former Section 8, Historical preservation, as amended, was repealed 4-16-2013 by Ord. No. 2013.25. See now Article XV, Historic Preservation Ordinance.

Section 9 Contract and conditional zoning.

A. Purpose.

1. In 1982, the Maine Legislature enacted legislation entitled "An Act to Permit Municipalities to Adopt Contract Zoning" (LD 1809) which essentially allows the rezoning of a particular piece of property subject to conditions as long as the proposed use:

a. Is consistent with an enacted municipal comprehensive plan;

b. Is consistent with existing or permitted uses within the existing original zone(s);

c. Is the result of a contract with the municipality that includes only conditions and restrictions which relate to the physical development or operation of the property.

2. The City of Biddeford finds that this legislation is a valuable tool to promote the orderly growth of the municipality while protecting the integrity of existing neighborhoods.

3. Occasionally, competing and incompatible uses conflict; and traditional zoning methods and procedures such as variances, conditional use permits, and alterations to the zone boundaries are inadequate to promote desirable growth. In these special situations, more flexible and adaptable zoning methods are needed to permit differing land uses in both developed and undeveloped areas, and at the same time recognize the effects of change. In consideration of a change in zoning classification for a particular property or group of properties, it may be determined that public necessity, convenience, or the general welfare require that provisions be made to impose certain limitations or restrictions on the use or development of the property. Such conditions are deemed necessary to protect the best interests of the property owner, the surrounding property owners and the neighborhood, all other property owners and citizens of the City, and to secure appropriate development consistent with the City's Comprehensive Plan.

4. The provisions of this section shall not exempt the use or development of any property from other minimum standards or requirements otherwise provided in this ordinance, or as otherwise provided by the law.

B. Enabling legislation. The enabling legislation for this section can be found in 30-A M.R.S.A. § 4352.

C. Definitions.

1. Conditional zoning: A zoning process by which the municipal legislative body may rezone a particular piece of property to permit the use of that property subject to conditions not generally applicable to other properties similarly zoned.

2. Contract zoning: A zoning process by which the property owner, in consideration of the rezoning of his property, agrees to the imposition of certain conditions or restrictions not imposed on similarly zoned properties.

D. Mandatory conditions. Any zone change adopted pursuant to this section shall:

1. Be consistent with the Comprehensive Plan of the City of Biddeford;

2. Be consistent with the existing or permitted uses within the original zone;

3. Only include conditions and restrictions which relate to the physical development or operation of the property;

4. Be subject to an agreement executed by authorized representatives of both the property owner and the City of Biddeford for the implementation and enforcement of all terms and conditions imposed and agreed to by the parties pursuant to this section. Said agreement shall be recorded at the York County Registry of Deeds and a copy placed on file in the municipal offices.

E. Discretionary conditions. Any zone change adopted pursuant to this section may include reasonable conditions or restrictions relating to one or more of the following:

1. Limitations on the number and type of authorized uses of the property;

2. Limitations on the height and lot coverage of any structure or structures built on the property;

3. Increased setbacks and side yards for any structure or structures built on the property;

4. The installation, operation and maintenance of physical improvements for the convenience of the general public, including but not limited to, off-street parking lots, traffic control devices, fencing, shrubbery, screening, and landscaping;

5. The creation, operation and maintenance of open space areas or buffer zones;

6. The dedication or conveyance of property for public purposes, including but not limited to, streets, scenic and conservation easements, parks and utility systems;

7. The maintenance and preservation of architecture and land deemed by the Biddeford Planning Board to have historical, environmental, or esthetic significance or value to the community.

F. Application for consideration under these provisions.

1. Persons requesting consideration under the provisions of this section shall submit a letter of request to the City Council, through the City Planner's office, outlining in adequate detail the proposed project. The City Planner shall forward this letter with a recommendation (City Planner shall consult with the Code Enforcement Officer to determine if the proposed project meets the conditions outlined in Subsection D above) to the Council for their consideration at a regular City Council meeting under the heading of "other business."

2. The Council shall consider the merits of the proposal and the Planner's/Code Enforcement Officer's recommendation. After consideration the Council shall provide the applicant a written determination of whether or not to continue with the process.

3. If the Council endorses the concept, the applicant shall coordinate with the City Planner for scheduling meetings with the Planning Board.

4. The Planning Board shall review plans for the proposal under the provisions of either subdivision or site review, whichever apply. These provisions may be modified to the extent warranted by the draft contract developed by the board and the developer.

F.1. Findings of fact. When reviewing any proposal for contract zoning, the Planning Board shall consider the following criteria in making its written recommendation to the City Council. Before granting approval, the City Council shall determine that the proposed contract zoning meets these criteria as well as the mandatory conditions.

1. That the proposed zone change shall meet all the area, front yard, side yard, rear yard, and height requirements of the proposed zone; any of the discretionary conditions of this article as applied shall be in addition to the district's minimum requirements.

2. 

That the proposed use will not create unreasonable traffic congestion on contiguous or adjacent streets. The proponent of the zone change shall submit the following evidence:

(a) The estimated peak-hour traffic to be generated by the proposed zone change;

(b) Existing traffic counts on surrounding streets and roads;

(c) Traffic accident data covering the most recent four-year period. Such data shall be by date, and indicate both personal and property damage by accident;

(d) The capacity of surrounding roads and streets and any improvements necessary to accommodate anticipated traffic generation, including traffic signals, signs, and other directional markers as well as geometric street/road changes.

3. That the proposed zone change and use(s) authorized shall be insured by providing and maintaining adequate and appropriate utilities, sewage disposal, drainage, solid waste disposal, access, parking and loading and other necessary site improvements. The proponent shall submit materials, documents and plans which employ standard engineering methods to the City Engineer for review not less than 15 workdays prior to the public hearing. The City Engineer shall provide a written commentary on the adequacy of same. Copies of the City Engineer's commentary shall be made available to the applicant, Planning Board and City Council not less than five working days prior to the public hearing.

4. 

That the proposed use(s) will conform to the general character of the neighborhood. In making such determination the following shall be considered:

(a) Building and structures.

(1) Do the color and materials match or complement those used on nearby structures?

(2) Is there similarity or successful transition in scale, building form and proportion between the proposed expansion and existing structures located within 400 feet thereof?

(3) Does the proposed structure/use propose to use plant materials, fencing, and walkways which are compatible with the character of the neighborhood in size, scale, material and color?

(b) Preservation of landscape. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas.

(c) Setbacks and screening. The proposed use(s) shall be provided with sufficient setbacks and/or screening to provide a visual and sound barrier sufficient to minimize any adverse impact on other land uses in the neighborhood.

Determination of the adequacy of visual screening shall be based on line of sight observations from existing structures. Upon request of the Planning Board the proponent of the zone change shall present an accurate vertical and horizontal control map depicting existing buildings and structures adjacent to the proposed contract and zone base elevation and proposed improvements in the proposed zone change area.

Determination of the adequacy of setbacks and screening for noise shall be based on procedures and standards of performance found in Chapter 34, Article III of the Biddeford Revised Code of Ordinances, Noise Control.

(d) Parking/loading. Off-street parking areas for more than three vehicles and loading spaces as may be required shall be totally screened from the view of the adjoining property by trees, shrubs, fences and other landscaping material (such as a stockade fence or a dense evergreen hedge six feet or more in height). Where a potential safety hazard to children would be likely to arise, physical screening sufficient to deter small children from entering the premises shall be provided.

(e) The extent, uses, character and value of existing development in the neighborhood. In making such a determination the Planning Board and the City Council, at the expense of the applicant, may engage the services of qualified professionals such as architects and landscape architects to help them in making their determination. The choice of professionals shall be at the sole discretion of the Planning Board or City Council, whichever is deciding the proposal.

5. That there would be no significant adverse effect resulting from the proposed zone change and use(s) authorized upon the public health, safety and general welfare of the neighborhood.

G. Procedure.

1. All proposed amendments to this ordinance being considered under this section shall be processed in accordance with 30-A M.R.S.A. § 4352.

2. Further, any contract adopted or approved by the City Council under the terms of these provisions shall be considered an amendment to this ordinance and shall be attached hereto and indicated on the Official Zoning Map of the City of Biddeford.

H. Administration. Application for contract zoning requests shall be presented to the Planning Department and shall be reviewed in accordance with procedures outlined in either the Subdivision Ordinance or the Zoning Ordinance, provided:

1. The applicant accepts the Planning Board's conditions of approval.

2. A public hearing has been held.

3. The conditions of approval are accepted by the City Council.

I. Fees. Any costs, including reasonable fees, incurred by the City, for drafting and enforcing the contract provisions shall be paid by the applicant whether or not the project/contract receives approval.

Section 10 Aquifer Protection Overlay District (APO).

[Ord. No. 2000.71, 7-24-2000; Ord. No. 2005.13, 3-15-2005]

1. Intent and purpose.

A. The purpose of this section is:

a. To protect the groundwater resources of the City of Biddeford by restricting the uses and activities on land overlying aquifer and aquifer recharge areas.

b. To control the use and handling of hazardous substances that could lead to the degradation of aquifers and aquifer recharge areas.

c. To preserve and maintain the existing aquifer(s) in the City of Biddeford as a water supply source for use by the City's residents.

B. The intent of this overlay district is to provide supplemental development regulations in area(s) so designated in order to permanently protect groundwater resources from the threat of contamination originating from surface land use activities. This overlay district seeks to limit the types and intensity of new development within its boundaries, and to provide standards for the regulation of existing development in order to ensure the quality and quantity of the City's groundwater resources.

2. Delineation.

A. The Aquifer Protection Overlay District shall be delineated as shown on the Official Zoning Map of the City of Biddeford.

B. If any portion of a parcel is located in the Aquifer Protection Overlay District, then no building shall be erected, altered, enlarged, rebuilt or used on any portion of that parcel, and no portion of that parcel may be used prior to review under the standards found in this section.

3. 

No building shall be erected, altered, enlarged, rebuilt or used, and no premises shall be used except for the uses permitted in the Aquifer Protection Overlay District, as follows:

a. Single-family dwelling.

b. Duplex/two-family dwelling.

c. Accessory structure.

d. Agriculture.

e. Animal breeding or care.

f. Cemetery.

g. Extractive industry.

h. Farm stands.

i. Forestry, timber harvesting.

j. Parks and recreation.

k. Firewood processing.

4. 

The following uses are conditional uses and subject to Planning Board review:

a. Home occupation.

b. Sawmill.

c. Radio, television, phone tower.

d. Church, synagogue.

e. Group home.

f. Campground.

g. Bed-and-breakfast.

5. 

Dimensional requirements.

a. Minimum lot size: 120,000 square feet per residential unit; 80,000 square feet for all other uses.

b. Minimum frontage: 300 feet.

c. Minimum setbacks: 50 feet front, 30 feet side, 30 feet rear.

d. Maximum height: 35 feet.

e. Lot coverage: maximum of 15% of any parcel.

6. 

Performance standards.

a. The height limitation in this section shall not apply to water storage and water distribution facilities in this district.

b. Except as otherwise required by state law, no person shall use herbicides or pesticides in this district except for herbicides and pesticides in nonpersistent amounts (amounts representing a half-life of less than 20 days in soil under aerobic conditions) normally associated with individual households or agricultural operations.

c. All application or disposal of manure and fertilizers shall conform to the most recent edition of the Best Management Practices Handbook published by the Maine Department of Agriculture.

d. Erosion and sedimentation shall be minimized by adherence to erosion control management practices contained in the most recent edition of the Environmental Quality Handbook published by the Maine Soil and Water Conservation Commission.

e. The use, storage or manufacture of hazardous material in amounts in excess of those normally associated with individual households or agricultural operations is prohibited.

f. Except as otherwise required by state or federal law, below-ground storage of petroleum products is prohibited.

g. Salt and sand piles are prohibited.

h. The land application of sludge and the spray application of industrial wastewater or sewage is prohibited.

i. Cluster development is allowed only if serviced by a public sewer system or subsurface wastewater treatment systems. If subsurface wastewater treatment systems are proposed, the applicant shall submit a groundwater analysis based on the methodology required by the Maine Department of Environmental Protection (MDEP) for Site Location of Development (38 M.R.S.A. §§ 481—490) as outlined in Section 17. Wastewater disposal §§ A (On-site subsurface wastewater disposal systems) and B (Nitrate-nitrogen impact assessment) of the most recent version of the permit application. The nitrate-nitrogen impact assessment shall determine the appropriate type (conventional or advanced denitrification) of subsurface wastewater treatment system that is required for each proposed lot.

The following adjustments to the MDEP Site Location of Development methodology apply to the required groundwater analysis:

1. Under Section 17.A.6 of the MDEP methodology, the additional information required for larger disposal systems shall be required if sewage disposal is to be provided for any residential use(s) on one lot that warrants a residential design flow(s) greater than 360 gallons per day, with no exemptions.

2. There shall be no exemptions from the nitrate-nitrogen impact assessment.

3. The concentration of nitrate-nitrogen in contaminant plumes from the on-site disposal systems shall not exceed five mg/L at the downgradient project boundary, or at any existing/proposed water supply well located within the project boundary.

4. The nitrate-nitrogen impact assessment shall be based on a four-bedroom (360 gallons per day) capacity as an assumed minimum.

j. In cases where the Code Enforcement Officer or Planning Board find that a land use poses a serious threat to groundwater quality, an applicant shall be required to submit:

1. A complete list of all pesticides, fuels and/or other potentially toxic or hazardous materials which are used or stored on the premises in quantities greater than those associated with normal household use, and a description of measures taken to provide for the control of leaks or spills.

2. A complete list of products proposed for application to the land, quantities to be applied, schedule of application, and a detailed description of the application program.

3. Copies of all licenses or permits issued by local, state or federal regulatory agencies for the handling or storage of all pesticides, fuels, and/or other potentially toxic or hazardous materials.

7. Any person who wishes to contest the placement of their property in the Aquifer Protection Overlay District may appeal by applying to the City of Biddeford for rezoning of the property as provided by Article XIII of this ordinance. The applicant shall bear the burden of proof to demonstrate that the property should not be included within the Aquifer Protection Overlay District.

Section 11 Institutional master plan.

[Ord. No. 2001.90, § 7, 10-16-2001]

A. Applicability. Any university use or other use conducted by a college or university in an institutional zone shall be consistent with an institutional master plan approved by the Planning Board in accordance with this section. Any site plan approval or other approval for such uses shall be consistent with the approved institutional master plan.

B. Transition provisions.

1. Following the adoption of this section, the City shall continue to process any pending applications for site plan approval in the institutional zone and shall issue the required permits for these projects if approved and for any other approved but unbuilt projects. This shall include only the following University of New England projects:

a. Construction of two approved residence halls;

b. Expansion of the cafeteria;

c. Construction of a facilities management building;

d. Installation of lighting at the existing athletic fields.

2. The Planning Board shall not approve site plans for any other new or expanded buildings and structures, including parking lots, in the institutional zone not addressed in 1. until an institutional master plan has been approved for the college or university. Similarly, the City shall not issue building, plumbing, electrical, or other permits for any other new or expanded buildings or structures in the institutional zone not addressed in 1. until an institutional master plan is approved.

C. Coordination with site plan review. All projects in the institutional zone that require site plan review in accordance with Article XI of this Code shall continue to require site plan review and approval. In reviewing site plans for university uses or other uses conducted by a college or university in an institutional zone, the Planning Board shall consider the conformance of the proposed activities with the approved institutional master plan and shall approve the project only if it finds that the activities are consistent with the institutional master plan as well as the other standards of Article XI and the provisions of the institutional zone.

In its review of projects in the institutional zone, the Planning Board shall be guided by the approved institutional master plan and shall not impose conditions or requirements on an applicant that are in conflict with the approved institutional master plan. In those areas where the master plan addresses issues that are also covered by site plan review, the Planning Board shall be guided by the overall direction provided in the approved institutional master plan and shall limit the scope of its review under the site plan provisions to how the projects contained in the master plan are designed and constructed to conform to the standards of Section B of Article XI. The following chart outlines the respective areas of concern for the review of an institutional master plan and the site plans for individual projects contained in the master plan for those areas covered in both reviews:

	Review Topic	Institutional Master Plan Review Focus	Site Plan Review Focus
	Buildings, athletic facilities, and supporting structures	The need for the facilities is related to program growth and changes supported in the master plan, and the general sizes and locations are appropriate based upon those needs	The buildings and/or facilities generally conform to the approved master plan and meet the specific zoning and site plan review standards
	Road network and traffic	The primary road network providing access to the campus and within the campus will be adequate to handle the anticipated increase in traffic safely and efficiently while minimizing the impact on other users as a result of the identified improvements	Any road or traffic improvements that are identified in the overall traffic management program in the master plan that are needed to support the specific development project will be built and will meet the technical standards set out in the ordinance
	Parking	The amount of parking and general parking locations will be adequate to accommodate the anticipated increase in parking demand resulting from the growth and changes anticipated in the master plan	Any parking improvements that are identified in the overall parking program in the master plan that are needed to support the specific development project will be built and will meet the technical standards set out in the ordinance
	Water and sewer	The water and sewer systems will be adequate to accommodate the anticipated increase in demand resulting from the growth and changes anticipated in the master plan	The location and design of the water and sewer facilities associated with the specific development proposal are consistent with the master plan and meet the technical standards set out in the ordinance
	Landscaping, lighting, signs, noise, scenic views	The master plan establishes appropriate standards for the design of these elements and to minimize the impact on surrounding neighborhoods	The location and design of these elements are consistent with the standards set out in the master plan and meet any other applicable technical standards set out in the ordinance
	Pedestrian and bicycle facilities	The pedestrian and bicycle facilities will be adequate to accommodate the anticipated increase in demand resulting from the growth and changes anticipated in the master plan and standards are established for the design of these elements	The location and design of these elements are consistent with the master plan, meet the standards set out in the master plan, and any other technical standards set out in ordinance

D. Variances. Notwithstanding the provisions of Section 4 of Article IX of this Code, the Zoning Board of Appeals shall not grant variances with respect to the dimensional standards of the institutional zone unless the need for such variation is identified in an approved institutional master plan and such variation is explicitly endorsed by the Planning Board in its approval of the master plan.

E. Timing of the initial master plan submission. Any college or university located within an institutional zone shall submit an institutional master plan meeting the requirements of this section to the Planning Board for review within two years of the adoption of this section.

F. Amendment of an approved master plan. A college or university may submit a request to amend the approved institutional master plan at any time provided that no request for an amendment shall be considered within three months of the date of the previous approval of the institutional master plan. The process, procedures, and standards for amending a master plan shall be the same as for the initial approval, however, the applicant may submit an application containing only those items that have been changed from the prior master plan.

G. Submission and review procedures. The institutional master plan shall contain the information and exhibits set forth in Subsection H. Upon receipt of the initial submission of an institutional master plan or a proposed amended master plan, the application shall be processed and reviewed in accordance with the procedures for reviewing site plan applications with the following additional provisions:

1. Upon receipt of an institutional master plan or an amendment to an approved master plan, the City planning staff shall have 14 days to review the plan for completeness. If the staff finds that the master plan provides all of the information set forth in Subsection H, the staff shall find the plan to be complete, shall notify the applicant, in writing, of this determination, and shall place the master plan on the agenda of the next regularly scheduled Planning Board meeting. The applicant will forward 10 copies of the proposed master plan for Planning Board review. If the staff finds the master plan to be incomplete, it shall notify the applicant, in writing, of this determination and shall indicate the additional information required.

2. Upon receipt of an institutional master plan, the planning department shall notify all agencies and departments regularly notified of site plan applications as well as the Biddeford Conservation Commission and any neighborhood organization that has requested to be notified of the submission of the master plan.

3. Prior to the approval of an institutional master plan or an amended institutional master plan, the Planning Board shall hold a public hearing.

4. The Planning Board shall review the institutional master plan at a regularly scheduled meeting of the Board. The Board shall have 30 days following its initial consideration of the plan to approve, approve with conditions, or deny the master plan.

5. A copy of any approved institutional master plan or an amendment to a master plan shall be filed with the City Clerk.

[Amended 3-5-2019 by Ord. No. 2019.14]

H. Contents of the institutional master plan. An institutional master plan shall provide the City and abutting neighborhoods with a clear outline of the anticipated growth and changes of the institution over the next five to 10 years and the potential impact of those changes on the City and areas surrounding the institution. The master plan should, therefore, contain a description of the current programs and facilities of the college or university, a description of anticipated changes in programs and facilities over the next five years, an analysis of the potential impacts of the anticipated changes on the facilities and the surrounding neighborhoods, an assessment of actions proposed to mitigate any adverse impacts resulting from the anticipated changes, and a conceptual plan showing the approximate size and location of proposed facility improvements.

The institutional master plan shall contain at least the following information and exhibits:

1. Mission statement and institutional objectives.

a. The institution's adopted mission statement.

b. A statement of any anticipated changes in the institution's mission over the next five years.

c. A statement of the institution's objectives with respect to growth and change over the next five years.

2. Existing physical conditions.

a. A scaled plan at a scale of not more than one inch equals 200 feet showing the location of all existing buildings, structures, athletic fields and facilities, parking, walkways, service areas, and other impervious surfaces and the height of all buildings and structures referenced to the National Geodetic Vertical Datum (NGVD).

b. A scaled plan at the same scale as the existing conditions plan showing the location of all existing utilities, sewer and water systems, and stormwater drainage facilities.

c. A natural resources inventory and analysis showing the location of all significant natural resources within those areas of the campus that are already developed or where development activities including clearing or filling are proposed or that will be potentially impacted by proposed development activities. The analysis shall assess the significance of these resources and the issues they raise with respect to the master plan. This shall include a plan at the same scale as the existing conditions plan showing the locations of the significant resources.

d. An historic and archeological resources inventory and analysis showing the location of any known historic or archeological resources and any area with potential as an area of historic or archeological significance within those areas of the campus that are already developed or where development activities including clearing or filling are proposed or that will be potentially impacted by proposed development activities. This shall include a plan at the same scale as the existing conditions plan.

e. Data on the existing lot coverage and lot coverage ratio.

3. Programs and activities.

a. 

A narrative providing at least the following information about current programs and activities:

(1) The current educational programs and degree offerings.

(2) Other regularly scheduled programs or activities offered or hosted by the institution.

(3) Current enrollment of full time and part time students by head count based upon the most recent integrated postsecondary data survey (IPDS) report.

(4) Current employment by type of positions and full time/part time status by head count based upon the most recent IPDS report.

(5) The number of people living on campus.

b. A narrative describing how the programs and activities and the number of students, employees, campus residents, and program participants are anticipated to change over the next five years.

4. Educational, research, residential, support and athletic facilities.

a. A description and plan identifying what buildings and facilities are currently used for these purposes.

b. The current bed capacity of all residential buildings and the anticipated change in the total bed capacity.

c. A description of any significant changes in the type of use made of existing buildings, significant expansions of existing buildings, or new buildings and facilities that are anticipated to be needed in the next five years.

d. A description of how the anticipated changes in facilities relate to program changes and the institution's mission.

5. Parking and traffic.

a. Information on current traffic volumes and conditions including levels of service on the principal public streets and intersections of public streets within the zone and on the primary access routes to the campus.

b. A description of anticipated changes in traffic volumes over the next five years resulting from the changes in programs and facilities included in the master plan.

c. An analysis of the impact of these changes on traffic flow and vehicular and pedestrian safety on public streets within the zone and that provide access to the campus.

d. A proposed program of improvements to address any unacceptable impacts resulting from changes in traffic volumes including activities that will be undertaken to mitigate any adverse impacts on adjacent residential neighborhoods.

e. Information on the number and location of existing parking spaces.

f. An analysis of the adequacy of the existing parking to meet anticipated changes in programs and facilities over the next five years.

g. An assessment of pedestrian and bicycle movements and safety related to the parking supply and locations.

h. A proposed program of parking improvements to meet any identified deficiencies.

6. Water and sewer service.

a. A description of current provisions for water supply and sewage disposal including capacities, current utilization rates, and conformance with any permit or other legal standards.

b. An analysis of the change in demand for water supply and sewage disposal resulting from anticipated changes in programs and facilities over the next five years and the adequacy of the existing systems to meet this demand.

c. A proposed program of improvements to address any identified deficiencies.

d. A statement as to how water supply and sewer disposal improvements are or will be coordinated with City programs and the needs of neighboring residential areas.

7. Municipal and community services.

a. A description of all municipal and community services (police, fire, rescue, recreation, etc.) currently utilized by the institution and data on the current level of usage.

b. An analysis of the change in demand for municipal and community services and the adequacy of the existing services to meet this demand.

c. A proposed program of improvements to meet the identified deficiencies including proposed funding mechanisms.

8. Neighborhood impacts.

a. An assessment of how current campus activities impact neighboring residential areas including, but not limited to, traffic, noise, and visual intrusions. This assessment shall consider conformity to current City and state standards with respect to these items as well as documented evidence of any community or neighborhood concerns relative to these issues.

b. An evaluation of current efforts to mitigate these impacts.

c. An assessment of any changes in these impacts resulting from the changes in programs or facilities included in the master plan.

d. A program for mitigating the adverse impacts of proposed changes or improvements on surrounding residential neighborhoods.

9. Community outreach.

a. A description of current community outreach activities.

b. An analysis of anticipated changes in outreach activities over the next five years.

10. Conceptual development program.

a. A conceptual site plan at the same scale as the existing conditions plan showing the approximate size and location of proposed changes to buildings, structures, parking lots, pedestrian facilities, bicycle facilities, athletic fields and facilities, roads, and similar facilities proposed in the master plan. This should show new facilities, modifications or enlargements of existing facilities, and the planned removal of facilities.

b. An accompanying narrative or tables detailing the scale or size of the proposed improvements including the approximate height of buildings, the approximate peak elevation of buildings and structures referenced to NGVD, approximate floor area, approximate size of parking areas, or approximate occupancy.

c. A description of all development and design standards or provisions that will apply to the proposed improvements in accordance with Subsection I.

d. A schedule setting out when the improvements included in the conceptual development program are anticipated to be completed.

I. Development and design standards. The institutional master plan shall establish development and design standards that shall apply to all development proposals and other improvements within the institutional zone. These development and design standards will apply to individual projects that are submitted for site plan review. These standards shall foster the development of a visually and architecturally integrated campus that is safe, environmentally sensitive, and that minimizes the adverse impact of the campus on neighboring residential areas. At a minimum, these development and design standards shall address the following areas:

1. Landscaping. The standards shall establish a general pattern for all campus landscaping including the typical size and type of plantings and shall detail how landscaping will be used to enhance the visual environment of the campus, shield and soften service and parking areas, and minimize impacts on surrounding residential areas and the users of public streets through the campus.

2. Exterior lighting. The standards shall establish a general lighting theme for the campus and shall identify the appropriate maximum, average, or minimum illumination levels and uniformity ratios for various areas and facilities, the typical type of lighting fixtures and poles that will be used, and shall detail how night-time sky glow and light intrusion on neighboring residential areas will be minimized.

3. Signage. The standards shall establish a consistent design theme for all campus signs that enhances the visual environment of the campus and shall identify the general design, sizes, and locations for various types of campus signs.

4. Pedestrian and bicycle facilities. The standards shall establish an integrated program for accommodating pedestrians and bicyclists safely while promoting a campus environment that is pedestrian focused. The standards shall identify the types, general location, and typical design of various pedestrian and bicycle facilities.

5. Noise. The standards shall establish an overall program for minimizing the impact of campus noise on adjacent residential areas. The standards shall identify measures that will be employed to control noise at the source as well as to mitigate the impacts of noise on adjacent property.

6. Architectural design and details. The standards shall establish an integrated design theme for campus buildings that is harmonious with existing buildings while promoting a high level of design for new buildings. The standards shall address the scale and massing of buildings, appropriate materials and colors, rooflines, locations of building entrances, architectural detailing, and similar features to create a visually attractive campus while minimizing impacts on surrounding residential areas.

7. Protection of identified scenic views. The standards shall establish a standard approach for protecting scenic views within or from the campus that have been formally identified and approved by the City Council.

J. Approval standards. In reviewing an institutional master plan, the Planning Board shall approve the master plan if it finds that:

1. The activities and facilities proposed in the master plan are consistent with the institution's mission statement.

2. The facilities conform to the requirements of the institutional zone and other applicable provisions of the zoning ordinance.

3. There is a reasonable expectation that individual projects carried out in accordance with the institutional master plan will be able to be designed so that they comply with the site plan review standards of Article XI.

4. The activities and facilities will be designed in a manner that will not unreasonably increase adverse impacts on adjacent residential neighborhoods or the facilities or services of the City of Biddeford.

5. The City Council and UNE shall establish a scholarship and community grant program, within the first six months of the acceptance of the university's master plan.

K. Appeals of Planning Board action. Appeals of the actions of the Planning Board in reviewing and approving institutional master plans under this section shall be to the City of Biddeford's Zoning Board of Appeals. The applicant and any party to the review of the institutional master plan may appeal any action of the Planning Board within 30 days of such action by providing written notice to the Board of Appeals setting forth the action being appealed and the specific basis for the appeal. Appeals of Planning Board actions in the review of an institutional master plan shall be processed in accordance with the procedures set out in Section 5 of Article IX of this ordinance.[1]

[1] Editor's Note: The provisions of former Section 12, Medical marijuana dispensary moratorium, added 3-16-2010 by Ord. No. 2010.23, have expired and therefore are not included in the Code.