[Ord. No. 76-2001, 6-5-2001]
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 141 and Mill Lane Commercial District:
(1)
Residential, single-family and two-family dwelling structures. Manufactured
housing units are permitted.
(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)
Bed and breakfast, including class 1, class 2 and class 3.
(5)
Craft fairs on no more than 10 days in any calendar year.
(6)
Essential services.
(7)
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.
(8)
Public parks.
(9)
Agriculture and farm animals, excluding a commercial piggery, raising
poultry for commercial uses, and slaughterhouses.
(10)
Accessory structures and accessory uses for principal uses and
principal structures for which the CEO can issue a permit.
[Ord. No. 76-2001, 6-5-2001; Ord. No. 19-2001, 11-7-2001; Ord. No. 21-2006, 2-7-2006]
The City Planning Board shall review and make decisions regarding
applications for the following types of uses in the Route 141 and
Mill Lane Commercial District:
(1)
Retail stores, provided that no single retail store (use) and no
structure in which a retail store (use) or stores (uses) are located
is greater than 20,000 square feet.
(2)
Service businesses.
(3)
Movie theaters and performing arts centers.
(4)
Shopping centers, including mixed use development (service, retail,
restaurant, and/or office in same complex), provided that no single
shopping center structure is greater than 20,000 square feet.
(5)
Hotels and motels.
(6)
Restaurants, excluding fast food restaurants and restaurants with
drive-through windows.
(7)
Ice cream stands.
(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)
Warehouses and storage facilities.
(15)
Motor vehicle, recreational vehicle, mobile home and equipment
sales, repairs and services.
(16)
Motor vehicle fuel and service establishments.
(17)
Light industrial uses.
(18)
Planned unit development (residential and nonresidential).
(19)
Non-municipal public and quasi-public uses.
(20)
School, day nursery, institution of an educational, religious,
philanthropic, fraternal, political or social nature; including as
an accessory use to a permitted activity.
(21)
Multifamily housing, if on public sewer.
(22)
Congregate retirement residential housing.
(23)
Indoor recreational activities and facilities.
(24)
Outdoor recreational activities and facilities.
(25)
Laundromats.
(26)
Retail and wholesale distribution establishments.
(27)
Nurseries, green houses, landscaping businesses, tree farms
and similar operations involved with the growing and selling of plant
material. This use shall include the sale of machinery, materials,
plants or similar items commonly associated with landscaping activities.
(28)
Accessory structures and accessory uses for uses for which the
Planning Board can issue a permit for the principal use or principal
structure.
(29)
Manufactured housing communities. Such communities are permitted only in that portion of the Route 141 and Mill Lane Commercial District that is located northerly and westerly of Route 141 (Swan Lake Avenue). All proposals to establish a manufactured housing community are subject to requirements of article VIII, division 4 of this chapter.
(30)
Stealth telecommunications facilities.
[Ord. No. 76-2001, 6-5-2001]
Only those uses specifically listed as permitted uses requiring
CEO review or permitted uses requiring Planning Board review are allowed
within the Route 141 and Mill Lane Commercial District. All other
uses are prohibited.
[Ord. No. 76-2001, 6-5-2001]
[Ord. No. 76-2001, 6-5-2001]
(a)
Minimum lot size and minimum frontage requirements-Residential uses.
(1)
Any lot created on or after August 19, 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 August 19, 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 August 19, 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 before August 19, 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.
(5)
A lot, regardless of when it was created, that is used for a
multifamily residential use established on or after August 19, 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 before August 19, 2001, shall be considered a nonconforming use. This nonconforming use may continue, and may expand, subject to the requirements of article III of this chapter.
(b)
Minimum lot size and minimum frontage requirements-Nonresidential
uses.
(1)
Any lot created on or after August 19, 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. The minimum size of such a lot, however, shall be greater than one acre, and the minimum amount of frontage, however, shall be greater than 150 feet, if warranted, to comply with the requirements of the article IX, division 4 performance standards, section 102-1242(a), (b) and (c).
(2)
A lot that was created before August 19, 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, provided that the lot complies, if warranted, with the requirements of the article IX, division 4 performance standards, section 102-1242(a), (b), (c), (d) and (e).
(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:
|
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:
|
Front: 30 feet;
| |
|
Side: 25 feet; and
| |
|
Rear: 25 feet.
|
(3)
The minimum front, side and rear setback requirements for a nonresidential use or nonresidential structure are identified in the article IX, division 4 performance standards (reference section 102- 1243, minimum front setback requirements for nonresidential structures; section 102- 1244, minimum side setback requirements for nonresidential structures; and section 102-1245, minimum rear setback requirements for nonresidential structures).
(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 shall be 50
feet.
(e)
Density standard. The following density standards shall apply to all residential uses in the Route 141 and Mill Lane Commercial District. These density standards are subject to modification in accordance with the planned unit development requirements identified in subsection (f).
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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
| |
|
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 20,000 square feet
| |
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Two-family
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One units in one structure per 40,000 square feet
| |
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Multifamily
|
Prohibited as a new use established after August 19, 2001
|
(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.
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 after August 19, 2001
|
[Ord. No. 76-2001, 6-5-2001]
All nonresidential uses proposed in the Route 141 and Mill Lane Commercial District shall comply with the article IX, division 4 nonresidential development performance standards. All residential uses proposed in the Route 141 and Mill Lane Commercial District shall comply with the article VIII, divisions 2 and 3, and article IX, division 2 performance standards.
