[Ord. No. 28-1997, § 604.1, 3-4-1997; Ord. No. 57-1997, 6-17-1997; Ord. No. 10-2001, 9-4-2001]
Permitted uses in the Residential/Agricultural II District are
as follows:
(1) Residential uses (single-family and two-family), including manufactured
housing units.
(2) Agricultural, including the keeping of farm animals and pleasure
animals, agricultural processing, forest management and timber harvesting
activities, and horticultural activities, but excluding slaughter
houses and factories, a piggery or raising poultry for commercial
purposes.
(3) Accessory uses and structures.
(4) Recreational or community activities except those operated for profit.
(5) Municipal uses deemed necessary by the City Council, but, prior to
taking such action thereon, the council shall hold a public hearing
for which 10 days' notice shall be given.
(7) Accessory uses, including yard sales on no more than 10 days in any
calendar year.
[Ord. No. 28-1997, § 604.2, 3-4-1997; Ord. No. 1-1999, 7-6-1999; Ord. No. 10-2001, 9-4-2001; Ord. No. 21-2006, 2-7-2006]
Permitted uses requiring Planning Board review in the Residential/Agricultural
II District are as follows:
(1) Home occupation (expanded definition).
(3) Small convenience stores (stores less than 4,000 square feet in size
with a maximum of two fuel dispensers).
(4) Boat building, repair and storage.
(5) Car repairs (maximum of three vehicles offered for sale on the property
as an accessory use).
(6) Restaurants, excluding fast food restaurants.
(8) Bed and breakfast, including class 1, class 2 and class 3.
(9) Group home or hospice, provided the owner resides on the lot and
maintains said residence as his or her primary residence.
(10)
Day nursery or an institution of an educational, religious,
philanthropic, fraternal, political or social nature.
(11)
Boarding/lodging establishment, provided the owner resides on
the lot and maintains said residence as his or her primary residence.
(12)
Kennel, stable, veterinary hospital.
(13)
Telecommunications facilities and stealth telecommunications
facilities.
(15)
Fill, loam, sand, gravel extraction, excluding bedrock, with restrictions on extent of area to be extracted at one time, and establishment of a continuing reclamation and reforestation program (subject to review under the provisions of chapter
90).
(16)
Wood lot management and on-site fire-wood processing.
(17)
Planned unit development and cluster housing development.
(18)
Recreational activities operated for profit.
(21)
Health care facilities, nursing homes.
(23)
Professional offices, office complexes.
(25)
Congregate care retirement housing.
[Ord. No. 28-1997, § 604.3, 3-4-1997]
Provisions of chapter
82, pertaining to shoreland zoning, and chapter
78, article
II, pertaining to floodplains, may apply in the Residential/Agricultural II District. See the shoreland zoning maps and FIRM flood maps.
[Ord. No. 28-1997, § 604.4, 3-4-1997; Ord. No. 10-2001, 9-4-2001]
(a) Minimum lot size and minimum frontage requirements-Residential uses.
(1)
Any lot created on or after September 4, 2001, that is connected
to City sewer and that is used for a single-family or two-family residential
use, shall be a minimum of 15,000 square feet in size, and shall have
a minimum of 150 feet of road frontage.
(2)
Any lot created on or after September 4, 2001, that is not connected
to City sewer and that is used for a single-family residential use,
shall be a minimum of 20,000 square feet in size and shall have a
minimum of 150 feet of road frontage.
(3)
Any lot created on or after September 4, 2001, that is not connected
to City sewer and that is used for a two-family residential use, shall
be a minimum of 40,000 square feet in size, and shall have a minimum
of 150 feet of road frontage.
(4)
Any lot that was created on or before September 3, 2001, that
does not comply with either or both the minimum lot size and minimum
frontage requirements established in subsections (1)-(3) shall be
considered a nonconforming lot of record, and may be used for a single-family
or two-family residential use, subject to the provisions of the state
plumbing code for subsurface wastewater disposal (if applicable).
(5)
A lot, regardless of when it was created, that is used for a
multifamily residential use established on or after September 4, 2001,
shall be connected to public sewer, shall be a minimum of 1/2 acre
(21,780 square feet) in size, and shall have a minimum of 150 feet
of road frontage.
(6)
A lot that does not comply with any one or all standards identified in subsection
(5), and that was used for a multifamily residential use on or before September 3, 2001, shall be considered a nonconforming use. This nonconforming use may continue, and may expand, subject to the requirements of article
III, Nonconformance, of this chapter.
(b) Minimum lot size and minimum frontage requirements-Nonresidential
uses.
(1)
Any lot created on or after September 4, 2001, that is used
for a nonresidential use shall be a minimum of one acre (43,560 square
feet) in size, and the lot shall have a minimum of 150 feet of road
frontage.
(2)
A lot that was created on or before September 3, 2001, that does not comply with the minimum lot size and minimum lot frontage requirements identified in subsection
(1) shall be considered a nonconforming lot of record, and shall be considered a buildable lot for a nonresidential use.
(c) Minimum setback requirements.
(1)
The minimum setback requirements for a single-family or two-family
dwelling use or structure and any accessory structure or use to these
uses are as follows:
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Front: 30 feet;
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Side: 15 feet; and
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Rear: 15 feet.
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(2)
The minimum setback requirements for a multifamily dwelling
use or structure and any accessory structure or use to this use are
as follows:
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Front: 30 feet;
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Side: 25 feet; and
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Rear: 25 feet.
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(3)
The minimum front, side and rear setback requirements for a
nonresidential use or nonresidential structure shall be as follows:
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Front: 30 feet;
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Side: 25 feet; and
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Rear: 25 feet.
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(4)
All setbacks shall be measured from the property line, and the
applicant shall be responsible for verifying that all setback requirements
are met. The applicant, code enforcement officer or Planning Board
may use a MDOT or City road layout or right-of-way, a property deed
or similar information to determine the minimum amount of setback
required. The code enforcement officer or Planning Board, however,
may require the applicant to provide a survey to identify property
lines and setback requirements if either deems that a survey is necessary
to verify the applicant's representations.
(d) Structure height. The maximum height of any structure located within
200 feet of Crocker Road or Marsh Road shall be 38 feet. The maximum
height of any structure located more than 200 feet from Crocker Road
or Marsh Road shall be 50 feet.
(e) Density standard. The following density standards shall apply to all residential uses in this zoning district. These density standards are subject to modification in accordance with the planned unit development requirements identified in section
102-385.
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Type of Use
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Sewer
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Single-family
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One unit in one structure per 15,000 square feet
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Two-family
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Two units in one structure per 15,000 square feet
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Multifamily
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Three units in one structure per 21,780 square and an additional
7,260 square feet for each additional unit
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Type of Use
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Subsurface Wastewater Disposal
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Single-family
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One unit in one structure per 20,000 square feet
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Two-family
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Two units in one structure per 40,000 square feet
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Multifamily
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Prohibited as a new use established on or after September 4,
2001
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[Ord. No. 28-1997, § 604.5, 3-4-1997; Ord. No. 10-2001, 9-4-2001]
In the case of a residential or nonresidential planned unit development the above standards may be modified in accordance with the special provisions of article
VI of this chapter. In addition, planned unit developments shall be reviewed under the subdivision ordinance.
The following maximum density standards shall apply to a residential
planned unit development:
Type of Use
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Sewer
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Single-family
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One unit in one structure per 10,000 square feet
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Two-family
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Two units in one structure per 15,000 square feet
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Multifamily
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Four units in one structure per 21,780 square feet and an additional
5,445 square feet for each additional unit
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Type of Use
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Subsurface Wastewater Disposal
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Single-family
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One unit in one structure per 20,000 square feet
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Two-family
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Two units in one structure per 30,000 square feet
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Multifamily
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Prohibited as a new use established on or after September 4,
2001
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The general performance standards in article VIII, divisions 2 and 3, and article IX, division 2, shall apply to all residential and nonresidential uses.
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[Ord. No. 28-1997, § 604.6, 3-4-1997]
Only those uses specifically listed as permitted uses or permitted
uses requiring Planning Board review are allowed within the Residential/Agricultural
II District. All other uses are excluded.