[Ord. No. 75-2001, 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 Searsport Avenue Commercial District:
(1)
Residential, single-family and two-family dwelling structures. Manufactured
housing units are a permitted use.
(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. 75-2001, 6-5-2001; 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 Searsport Avenue
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 40,000 square feet.
(2)
Retail stores, both a single retail store (use) and a structure in which a retail store (use) or stores are located, that are greater than 40,000 square feet in size, but less than 75,000 square feet in size are permitted, subject to requirements of the floating zone, section 102-1382, and the contract rezoning process, section 102-1383 et seq. The maximum size retail store or structure that is permitted through this procedure is 75,000 square feet.
(3)
Service businesses.
(4)
Movie theaters and performing arts centers.
(5)
Shopping centers, including mixed use development (service, retail,
restaurant, and/or office in same complex), provided that no single
shopping center structure in which a retail store is located is greater
than 40,000 square feet.
(6)
Shopping centers, including mixed use development (service, retail, restaurant, and/or office in same complex), provided that no single shopping center structure in which a retail store is located is greater than 40,000 square feet, but less than 75,000 square feet in size are permitted, subject to the floating zone, section 102-1382, and the contract rezoning process, section 102-1383 et seq. The maximum size structure that includes one or more retail uses that is permitted through this procedure is 75,000 square feet.
(7)
Hotels and motels.
(8)
Restaurants.
(9)
Fast food restaurants.
(10)
Ice cream stands.
(11)
Professional offices and offices.
(12)
Office complexes.
(13)
Funeral homes.
(14)
Health care facilities.
(15)
Veterinarians and veterinary clinics and hospitals.
(16)
Kennels for boarding and/or training of pets.
(17)
Warehouses and storage facilities.
(18)
Motor vehicle, recreational vehicle, mobile home and equipment
sales, repairs and services.
(19)
Motor vehicle fuel and service establishments.
(20)
Light industrial uses.
(21)
Planned unit development (residential and nonresidential).
(22)
Non-municipal public and quasi-public uses.
(23)
School, day nursery, institution of an educational, religious,
philanthropic, fraternal, political or social nature; including as
an accessory use to a permitted activity.
(24)
Multifamily housing, if on public sewer.
(25)
Congregate retirement housing.
(26)
Laundromats.
(27)
Retail and wholesale distribution establishments.
(28)
Indoor and outdoor recreational activities and facilities.
(29)
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.
(30)
Accessory structures and accessory uses for uses for which the
Planning Board can issue a permit for the principal use or principal
structure.
(31)
Stealth telecommunications facilities.
[Ord. No. 75-2001, 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 Searsport Avenue Commercial District. All other uses are
prohibited.
[Ord. No. 75-2001, 6-5-2001]
[Ord. No. 75-2001, 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:
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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 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).
Notwithstanding the above requirements, the minimum front, side and rear setback requirements for a nonresidential use or nonresidential structure that qualifies as a retail use or structure pursuant to section 102-799(2), or a shopping center pursuant to section 102-799(6), shall be determined in accordance with the floating zone, section 102-1382 and the contract rezoning process, section 102-1383 et seq.
(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 Searsport Avenue shall be 38 feet. The maximum
height of any structure located more than 200 feet from Searsport
Avenue shall be 50 feet.
Notwithstanding the above requirements, the maximum height of a structure for a nonresidential use or nonresidential structure that qualifies as a retail use or structure pursuant to section 102-799(2) or a shopping center pursuant to section 102-799(6), shall be determined in accordance with the floating zone, section 102-1382, and contract rezoning process, section 102-1383 et seq.
(e)
Density standard. The following density standards shall apply to all residential uses in the Searsport Avenue 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
| |
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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
| |
|---|---|---|
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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 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:
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Type of Use
|
Sewer
| |
|---|---|---|
|
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
| |
|
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
| |
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Multifamily
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Prohibited as a new use established on or after August 19, 2001
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[Ord. No. 75-2001, 6-5-2001]
All nonresidential uses proposed in the Searsport Avenue Commercial District shall comply with the article IX, division 4 nonresidential development performance standards. All residential uses proposed in the Searsport Avenue Commercial District shall comply with the article VIII, divisions 2 and 3, and article IX, division 2 performance standards.
