[1]
Editor's Note: Former Division 24, adopted 1-23-2001 by Ord.
No. 48-2001, as amended, which contained provisions for the Route
3 Commercial District, was amended in its entirety 1-29-2008.
[Ord. of 1-29-2008(1)]
The City code enforcement officer shall review and make decisions
regarding applications for a use permit for the following types of
uses in the Route 3 Commercial District:
(1)
Residential, single-family and two-family dwelling structures. Manufactured
housing units are prohibited.
(2)
Yard sales are permitted as an accessory use to a residential use
on no more than 10 days in any calendar year.
(3)
Home occupations (expanded definition).
(4)
Craft fairs on no more than 10 days in any calendar year.
(5)
Essential services.
(6)
Municipal uses deemed necessary by the City Council, subject to the
council conducting a duly noticed public hearing (minimum 10 days)
prior to taking action to permit the use.
(7)
Public parks.
(8)
Agriculture and farm animals, excluding a commercial piggery, raising
poultry for commercial uses, and slaughterhouses.
(9)
Accessory structures and accessory uses for principal uses and principal
structures for which the CEO can issue a permit.
[Ord. of 1-29-2008(1); Ord. of 10-16-2007]
The City Planning Board shall review and make decisions regarding
applications for the following types of uses in the Route 3 Commercial
District:
(1)
General merchandise, clothing or grocery retail uses, provided that no single retail use and no structure in which a retail use or uses are located is greater than 75,000 square feet. A new general merchandise, clothing, or grocery retail use is a prohibited use in that section of the Route 3 Commercial District located west of Crocker Road; reference Article IV, Descriptions of Districts, Section 102-281, Route 3 Commercial District, Area 4. Notwithstanding this prohibition, any such use existing as of October 2, 2007 may continue and may expand up to 100% of the total amount of gross floor area of all then structures in which a retail use occurs. (Note: Also reference 102-768-A).
(1.5)
Building supply stores, provided that no single use and no structure in which a building use or uses are located is greater than 75,000 square feet. A building supply store is a prohibited use in the section of the Route 3 Commercial District located west of Crocker Road; reference Article IV, Descriptions of Districts, Section 102-281, Route 3 Commercial District, Area 4.
(2)
Service businesses.
(3)
Movie theaters and performing arts centers.
(4)
Shopping centers, including mixed use development (service, general merchandise clothing and grocery retail, building supply, restaurant, and/or office in the same complex), provided that no structure in the shopping center is greater than 75,000 square feet, and provided that the gross floor area of all structures is less than 150,000 square feet. A shopping center is a prohibited use in the section of the Route 3 Commercial District located west of Crocker Road; reference Article IV, Descriptions of Districts, Section 102-281, Route 3 Commercial District, Area 4. (Note: Also reference 102-768-A).
(5)
Hotels and motels.
(8)
Professional offices and offices.
(9)
Office complexes.
(10)
Funeral homes.
(11)
Health care facilities.
(12)
Veterinarians and veterinary clinics and hospitals.
(13)
Kennels for boarding and/or training of pets.
(14)
Retail and wholesale distribution establishments.
(15)
Warehouses and storage facilities.
(16)
Motor vehicle, recreational vehicle, mobile home and equipment
sales, repairs and services.
(18)
Light industrial uses.
(19)
Planned unit development (residential and nonresidential).
(20)
Non-municipal public and quasi-public uses.
(21)
School, day nursery, institution of an educational, religious,
philanthropic, fraternal, political or social nature; including as
an accessory use to a permitted activity.
(22)
Accessory structures and accessory uses for uses for which the
Planning Board can issue a permit for the principal use or principal
structure.
(23)
Laundromats.
(24)
Indoor recreational activities and facilities.
(25)
Outdoor recreational activities and facilities, excluding shooting
ranges.
(26)
Stealth telecommunications facilities.
[Ord. of 1-29-2008(1)]
The City shall use the contract rezoning process identified in Article X, Contract Rezoning, Division 2, to review and make a decision regarding the following applications in the Route 3 Commercial District:
a.
An applicant may request that the City allow a retail use that offers general merchandise, clothing and/or groceries for sale that exceeds the maximum size limit identified in 102-768(1) or a shopping center that exceeds the maximum size limit identified in 102-768(4), for that section of the Route 3 Commercial District that is located northerly of Route 3/Belmont Avenue and between the Route One by-pass to the east and Crocker Road to the west; reference Article IV, Descriptions of Districts, Section 102-281, Route 3 Commercial District, Area 2. The City may consider an application subject to requirements of Chapter 102, Article X, Contract Rezoning, Division 2. In Area 2, the council has the authority to allow one such retail use that exceeds the maximum size limit, or one shopping center in which no more than one of the retail uses in the center exceeds the maximum size limit on a retail use.
b.
An application for a use permit, site plan permit, subdivision permit or similar permit for any use or structure located on the following properties, Map 5, Lots 11, 19, 19A, 21, 23, and 36A, which the City considers a single tract of land, as such properties were depicted on the City Tax Assessor maps in effect on October 2, 2007, shall require review pursuant to the contract rezoning process. An application for any such permit or permits shall include a master plan (a planned unit development) prepared by the applicant that identifies how development of this entire tract of land is proposed to occur. A City decision on said master plan shall, at a minimum, identify the total amount of development permitted, the location of said development on the property, and how services and infrastructure will be constructed to serve the proposed development. Unless the application is for a use identified in subsections 102-768(1) or 102-768(4), the application shall be exempt from the requirements to conduct the comprehensive economic and community impact study identified in Division 2.
c.
An application for a use permit, site plan permit, subdivision permit
or similar permit for any use or structure located on property identified
as, Map 5, Lot 33, as such was depicted on the City Tax Assessor maps
in effect on October 2, 2007, shall require review pursuant to the
contract rezoning process.
[Ord. of 1-29-2008(1)]
Only those uses specifically listed as permitted uses requiring
CEO review or permitted uses requiring Planning Board review are allowed
within the Route 3 Commercial District. All other uses are prohibited.
[Ord. of 1-29-2008(1)]
[Ord. of 1-29-2008(1)]
(a)
Minimum lot size requirement.
(1)
The minimum size of any lot created on or after January 24, 2001, shall be one acre (43,560 square feet). The minimum size of such a lot, however, shall be greater than one acre, if warranted, to comply with the requirements of the article IX, division 3 performance standards, subsections 102-1182(a) and (b).
(2)
A lot created on or before January 23, 2001, that is less than one acre in size shall be considered a nonconforming lot of record, and shall be considered a buildable lot, provided that the lot complies, if warranted, with the requirements of the article IX, division 3 performance standards, subsections 102-1182(a), (b), (d) and (e).
(b)
Minimum lot frontage requirement.
(1)
A lot that is created on or after January 24,2001, that has frontage on Route 3/Main Street/Belmont Avenue, Crocker Road, or Lincolnville Avenue, shall have a minimum of 200 feet of road frontage. The minimum amount of frontage, however, shall be greater than 200 feet, if warranted, to comply with the requirements of the article IX, division 3 performance standards, subsection 102-1182(a) and (c).
(2)
A lot created on or before January 23, 2001, that has frontage on Route 3/Main Street/Belmont Avenue, Crocker Road, or Lincolnville Avenue that has less than the required amount of frontage (reference subsection (1)) shall be considered a nonconforming lot of record, provided that the lot, if warranted, complies with the requirements of the article IX, division 3 performance standards, subsections 102-1182(a), (c), (d) and (e).
(3)
A lot that is created on or after January 24, 2001, that has
frontage on any street, road or driveway other than Route 3/Main Street/Belmont
Avenue, Crocker Road, or Lincolnville Avenue, shall have a minimum
of 100 feet of road frontage.
(4)
A lot created on or before January 23, 2001, that has frontage on any street, road or driveway other than Route 3/Main Street/Belmont Avenue, Crocker Road, or Lincolnville Avenue, that has less than the required amount of frontage (reference subsection (3)) shall be considered a nonconforming lot of record.
(c)
Minimum setback requirements.
(1)
The minimum setback requirements for a single-family or two-family
dwelling structure and any accessory structure 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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(3)
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 shall provide a survey to identify property
lines and setback requirements, unless the code enforcement officer
or Planning Board deems that a survey is not practical or warranted.
In such cases, the applicant 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.
(d)
Structure height. The maximum height of any structure located within
200 feet of Route 3/Main Street/Belmont Avenue, Crocker Road, or Lincolnville
Avenue shall be 45 feet. The maximum height of any structure located
more than 200 feet from any of the above roads or located elsewhere
in the Route 3 Commercial District shall be 60 feet.
(e)
Density standard. The density standard is one single-family or two-family
dwelling structure per net acre.
(f)
Residential and nonresidential planned unit development. 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.
[Ord. of 1-29-2008(1)]
All nonresidential uses proposed in the Route 3 Commercial District, except those subject to the provisions of Section 102-768-A, shall comply with the article IX, division 3 nonresidential development performance standards.
