[1]
Editor's Note: Former Division 25, adopted 6-7-2001 by Ord.
No. 80-1997, as amended, which contained provisions for the Office
Park District, was amended in its entirety 4-6-2010.
[Ord. of 10-29-2007(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 Office Park District:
(1)
Residential, single-family and duplex. Manufactured housing units
may be permitted only if they are located 500 feet or more from the
centerline of Route 3 or Route 52.
(2)
Yard sales are permitted as an accessory use for a residence on no
more than 10 days in any calendar year.
(3)
Home occupations (expanded definition).
(4)
Bed and breakfast, including class 1, class 2 and class 3.
(5)
Essential services.
(6)
Municipal uses deemed necessary by the City Council, but prior to
taking action thereon, the council shall hold a public hearing for
which 10 days public notice shall be given.
(7)
Public park.
(8)
Raising crops or keeping farm animals as an accessory use to a use
permitted in the Office Park District. This excludes 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 10-29-2007(1)]
The City Planning Board shall review and make decisions regarding
applications for the following types of uses in the Office Park District:
(1)
Small scale professional offices, offices and office complexes.
(2)
Large scale professional offices, offices and office complexes.
(3)
Health care facilities and offices.
(4)
Multifamily housing, provided it is located in a planned unit development.
(5)
Congregate care housing.
(6)
Group homes and similar residentially oriented living/care facilities.
(7)
Planned unit development, residential and nonresidential.
(8)
Non-municipal public and quasi-public uses.
(9)
School, day nursery, institution of an educational, religious, philanthropic,
fraternal, political or social nature; including as an accessory use
to a permitted activity.
(10)
Light industry.
(11)
Small scale general merchandise, clothing, grocery or building
supply retail uses, provided no single retail use is greater than
4,000 square feet for each use, and there is a maximum of three retail
uses in any structure. Such uses shall be permitted in that section
of the Office Park District located easterly of the southwesterly
boundary of a property identified as Map 5, Lot 7, as such is shown
on the October 2007 City Tax Assessor Maps, and a projection of a
line that extends from the northwesterly corner of said lot, until
such line intersects with the centerline of the Crocker Road right-of-way,
and shall be prohibited in that section of the Office Park District
located westerly of said line.
(12)
Indoor recreational activities and facilities.
(13)
Outdoor recreational activities and facilities, excluding shooting
ranges.
(14)
Stealth telecommunications facilities.
[Ord. of 10-29-2007(1)]
(a)
An applicant who owns a minimum of 25 acres of land may request that the City allow a general merchandise, clothing, grocery or building supply retail use greater than the size limits identified in 102-774(11), provided the total gross floor area of all structures is less than 75,000 square feet, and provided that the property is located in that section of the Office Park zone located easterly of the southwesterly boundary of a property identified as Map 5, Lot 7, as such is shown on the October 2007 City Tax Assessor Maps, and a projection of a line that extends from the northwesterly corner of said lot, until such line intersects with the centerline of the Crocker Road right-of-way, and shall be prohibited in that section of the Office Park District located westerly of said line. The City may consider an application subject to requirements of Chapter 102, Article X, Contract Rezoning, Division 2. An applicant is exempt from requirements to prepare the comprehensive economic and community impact study identified in these standards.
(b)
The owner of the property identified on the City official tax maps as Map 5, Lot 31, on August 21, 2001, or to any property that may be joined with this property (Map 5, Lot 31) to create a single parcel on or after August 21, 2001, shall develop this property as a planned unit development. This property may be developed for any uses identified in the Office Park District, sections 102-773 and 102-774 (Note: retail uses identified in section 102-775 are prohibited on this property).
A project that involves only nonresidential development shall be exempt from compliance with planned unit development standard in subsection 102-804(6) regarding the provision of open space. In lieu of this standard, a nonresidential development project shall be required to reserve a minimum of 10% of the site as permanent open space, or to contribute a proportional amount to the development of off-site public open space or parks. This open space area may include, but is not limited to any side and rear buffer yard areas required by this chapter. The performance standards for the Office Park District shall apply to a planned unit development proposal considered under this section, and all primary access to this property shall occur via a curb cut and access road located on Route 3. Only an emergency access shall be allowed from this property to Edgecomb Road.
[Ord. of 10-29-2007(1)]
Only those uses specifically listed as permitted uses requiring
code enforcement officer review or permitted use requiring Planning
Board review are allowed within the Office Park District. All other
uses are prohibited.
[Ord. of 10-29-2007(1)]
[Ord. of 10-29-2007(1)]
(a)
Minimum lot size requirement. The minimum size lot for any lot created
on or after August 21, 2001, that is used for a nonresidential use
shall be one acre (43,560 square feet). A lot created before August
21, 2001, that is less than one acre in size, that is proposed to
be used for a nonresidential use, shall be considered a nonconforming
lot of record, and shall be considered a buildable lot.
The minimum size lot for any lot created on or after August
21, 2001, that is used for a residential use shall be 14,520 square
feet in size (one-third acre) if on public sewer, and 21,780 square
feet (1/2 acre) if not on public sewer. A lot created before August
21, 2001, that is proposed to be used for a residential use and that
is less than the above minimum lot size shall be considered a nonconforming
lot of record, and shall be considered a buildable lot.
(b)
Minimum frontage requirement. The minimum amount of frontage for
a lot created on or after August 21, 2001, that is proposed to be
used for a nonresidential use shall be 200 feet. A lot created before
August 21, 2001, that is proposed to be used for a nonresidential
use that has less than the required amount of frontage, shall be considered
a nonconforming lot of record, and shall be considered a buildable
lot.
The minimum amount of frontage for a lot created on or after
August 21, 2001, that is proposed to be used for a residential use
shall be 150 feet. A lot created before August 21, 2001, that is proposed
to be used for a residential use that has less than the required amount
of frontage shall be considered a nonconforming lot of record, and
shall be considered a buildable lot.
(c)
Minimum front setback requirement for structures.
(1)
Any new nonresidential structure or expansion of an existing
nonresidential structure that is built on or after August 21, 2001,
that has frontage on Route 3/Belmont Avenue, shall comply with the
following minimum front setback requirements for structures:
|
Structure Size
(in square feet)
|
Amount of Front Setback
(in feet)
| |
|---|---|---|
|
Less than 5,000
|
30
| |
|
5,001—15,000
|
40
| |
|
15,001—30,000
|
50
| |
|
30,001—50,000
|
75
| |
|
50,001—75,000
|
100
| |
|
Greater than 75,000
|
125
|
(2)
Any new nonresidential structure or expansion of an existing
nonresidential structure that is built on or after August 21, 2001,
that has frontage on any road other than Route 3/Belmont Avenue shall
have a minimum front setback of 25 feet.
(3)
The minimum front setback for a single-family or two-family
residential use shall be 25 feet. The minimum front setback for a
multifamily housing project shall be 50 feet.
(4)
Any existing structure that does not satisfy the minimum front
setback requirement shall not expand any closer to the front lot line
than the existing structure. Further, any expansion shall comply with
the front setback requirement established in this chapter to the maximum
extent practical as determined by the Planning Board.
(5)
The amount of the front setback for a structure 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)
Minimum side and rear setback requirement for structures.
(1)
Any new nonresidential structure or expansion of an existing
nonresidential structure that is built on or after August 21, 2001,
and that directly abuts a property or properties located in any zoning
district other than the Office Park District shall comply with the
following minimum side and rear setback requirements for structures:
|
Structure Size
(in square feet)
|
Amount of Side and Rear Setback
(in feet)
| |
|---|---|---|
|
Less than 5,000
|
35
| |
|
5,001—15,000
|
40
| |
|
15,001—30,000
|
50
| |
|
30,001—50,000
|
60
| |
|
50,001—75,000
|
80
| |
|
Greater than 75,000
|
100
|
(2)
Any new nonresidential structure or expansion of an existing
nonresidential structure that is built on or after August 21, 2001,
and that abuts only other properties located in the Office Park District
shall comply with the following minimum side and rear setback requirements
for structures:
|
Structure Size
(in square feet)
|
Amount of Side and Rear Setback
(in feet)
| |
|---|---|---|
|
Less than 5,000
|
15
| |
|
5,001—15,000
|
20
| |
|
15,001—30,000
|
25
| |
|
30,001—50,000
|
40
| |
|
50,001—75,000
|
45
| |
|
Greater than 75,000
|
50
|
(3)
Any new residential structure or expansion of an existing residential
structure that is built on or after August 21, 2001, shall provide
a minimum side and rear structure setback of 25 feet.
(4)
Any expansion of an existing structure that does not conform
to these minimum side or rear setback requirements shall not expand
any closer to the side or rear setback line than the existing structure.
Further, any expansion shall comply with the side or rear setback
requirement established in this chapter to the maximum extent practical,
as determined by the Planning Board.
(5)
The amount of the side and rear setback for a structure 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.
(e)
Structure height. The maximum height of any structure located within
200 feet of Route 3/Belmont Avenue or Route 52/Lincolnville Avenue
shall be 45 feet. The maximum height of any structure located more
than 200 feet from these roads or located elsewhere in the Office
Park District shall be 60 feet.
(f)
Density standard. The following density standards shall apply to all residential uses. These density standards are subject to modification in accordance with the planned unit development standards identified in subsection (g).
|
Type of Use
|
Sewer
| |
|---|---|---|
|
Single-family
|
One unit in one structure per 14,520 square feet
| |
|
Two-family
|
Two units in one structure per 14, 520 square feet
| |
|
Multifamily
|
Three units in one structure per 21,780 square feet and an additional
7,260 square feet for each additional unit
|
|
Type of Use
|
Subsurface Wastewater Disposal
| |
|---|---|---|
|
Single-family
|
One unit in one structure per 21,780 square feet
| |
|
Two-family
|
Two units in one structure per 43,560 square feet
| |
|
Multifamily
|
Prohibited as a new use established on or after August 21, 2001
|
(g)
Residential or nonresidential planned unit development. In the case of a residential or nonresidential planned unit development the standards referenced in (f) above, 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
|
Sewer
| |
|---|---|---|
|
Single-family
|
One unit in one structure per 10,000 square feet
| |
|
Two-family
|
Two units in one structure per 15,000 square feet
| |
|
Multifamily
|
Four units in one structure per 21,780 square feet and an additional
5,445 square feet for each additional unit
|
|
Type of Use
|
Subsurface Wastewater Disposal
| |
|---|---|---|
|
Single-family
|
One unit in one structure per 20,000 square feet
| |
|
Two-family
|
Two units in one structure per 30,000 square feet
| |
|
Multifamily
|
Prohibited as a new use established on or after August 21, 2001
|
[Ord. of 10-29-2007(1)]
All nonresidential uses proposed in the Office Park District, except those subject to subsection 102-775(a) review, shall comply with the article IX, division 5 nonresidential development performance standards. All residential uses proposed in the Office Park District shall comply with the article VIII, divisions 2 and 3, and article IX, division 2 performance standards.
