[Ord. No. 79-2001, 6-5-2001]
The performance standards in this division shall apply to any and all nonresidential uses that require a use permit under terms of chapter 102, subdivision approval under terms of the subdivision ordinance, or a site plan permit under terms of chapter 90 in any of the following zoning districts:
(1) 
Route One South Commercial, also identified as the ROS zone;
(2) 
Searsport Avenue Waterfront, also identified as the SAW zone;
(3) 
Searsport Avenue Commercial, also identified as the SAC zone;
(4) 
Route 141 and Mill Lane Commercial, also identified as the Rt141 zone; and
(5) 
Route 137 Commercial, also identified as the Rt137 zone.
If there is a conflict between the standards identified in the subdivision ordinance, chapter 90, or chapter 98, and these standards, the standards identified in this division shall prevail.
[Ord. No. 79-2001, 6-5-2001]
(a) 
The minimum lot size of one acre for a nonresidential lot, and minimum lot frontage requirement of 150 feet for a lot with frontage on a public road, shall increase in accordance with the following table to support a use or uses located on a lot that generates volumes of vehicular traffic per peak hour (vtpph), that meet or exceed the following standards. The volume of traffic shall be determined by the Institute of Transportation Engineers, Transportation and Traffic Engineering Handbook, Volume "_____" and as may be revised from time to time, or by a site specific traffic survey that is conducted by the applicant and reviewed and accepted by the code enforcement officer or planning board.
Amount of Traffic
(vtpph)
Minimum Lot Size
(in acres)
Minimum Frontage Requirement
(in lineal feet)
(1)
100 or less
1
150
(2)
101—150
1.25
200
(3)
151—200
1.5
225
(4)
201—250
1.75
250
(5)
251—300
2
275
(6)
Over 301
2.5
400
(b) 
The code enforcement officer or the planning board may allow a reduction in the minimum lot size requirement identified in subsection (a) (above) for a lot that has frontage on a public road, provided that all uses on this lot use a joint access drive onto the respective road on which the lot fronts as the main means of two-way access to the lot. The joint access drive may be for uses that occur on this lot, or uses that occur on adjacent lots. The maximum amount of reduction the code enforcement officer or planning board may allow is 0.75 acres. In no case, however, may the resultant lot be less than the minimum lot size requirement of one acre.
(c) 
The code enforcement officer or planning board may allow a reduction in the minimum lot frontage requirement identified in subsection (a) (above) for a lot that has frontage on a public road, provided that all uses on this lot use a joint access drive onto the respective road on which that lot fronts as the main means of two-way access to the lot. The joint access drive may be for uses that occur on this lot, or uses that occur on adjacent lots. The maximum amount of reduction that the code enforcement officer or the planning board may allow is 75 feet. In no case, however, may the resultant amount of frontage be less than 150 feet.
(d) 
Any lot created on or before August 19, 2001, that does not meet the subsection (a)-(c) minimum lot size and minimum lot frontage requirements, on which a use was located on or before August 19, 2001, that generates traffic volumes greater than 101 vtpph, may continue to be used for the existing use. An expansion of the existing use is permitted, provided that the vtpph traffic volume that exists on the date of the requested expansion, does not increase by greater than 25%. This is a maximum lifetime expansion.
(e) 
Any lot created prior to August 19, 2001, that does not meet the required dimensional standards, on which a use is located on or before August 19, 2001, that generates traffic volumes greater than 101 vtpph, and for which a change of use is requested, the requested change of use may be approved, provided it does not involve an increase in traffic volume that is greater than 25% of the traffic volume of the former use based on vtpph.
[Ord. No. 79-2001, 6-5-2001]
(a) 
Any new nonresidential structure that is located in the Route One South Commercial (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), or Route 137 Commercial (Rt137) Districts that is constructed after on or after August 19, 2001, that has frontage on a public road, shall comply with the following minimum front setback requirements for structures:
Amount of Front Setback by Zoning District
(in feet)
Structure Size
(in square feet)
ROS
SAC
Rt141
Rt137
Less than 5,000
30
30
30
30
5,001—15,000
35
35
35
35
15,001—25,000
40
40
40
40
25,000—40,000
50
50
50
50
40,001—75,000
75
75
75
75
Greater than 75,000
100
100
100
100
The list of permitted uses subject to planning board review for the respective zoning districts identified above may establish size restrictions on the maximum size of retail uses and structures, and shopping centers in which one or more retail uses are located.
(b) 
Any new nonresidential structure that is built on or after August 19, 2001, that has frontage on a private road shall comply with the following minimum front setback requirements for structures:
Amount of Front Setback by Zoning District
(in feet)
Structure Size
(in square feet)
ROS
SAC
Rt141
Rt137
Less than 5,000
30
30
30
30
5,001—15,000
30
30
30
30
15,001—25,000
40
40
40
40
25,000—40,000
40
40
40
40
40,001—75,000
50
50
50
50
Greater than 75,000
60
60
60
60
The list of permitted uses subject to planning board review for the respective zoning districts identified above may establish size restrictions on the maximum size of retail uses and structures, and shopping centers in which one or more retail uses are located.
(c) 
Any new nonresidential structure that is built on or after August 19, 2001, that is located in the Searsport Avenue Waterfront District shall comply with the front setback requirements for structures identified in subsection (a) or (b), unless the code enforcement officer or planning board makes a finding that the amount of the front setback requirement should be reduced, pursuant to section 102-1276, to allow for the preservation of public views of the water. In no case, however, may the amount of front setback for a nonresidential structure be less than 30 feet.
(d) 
Any expansion of a nonresidential structure that was built before August 19, 2001, and that does not comply with the minimum front setback requirements identified in subsections (a)-(c), shall comply with these respective front setback requirements to the greatest extent practical as determined by the code enforcement officer or planning board, subject to chapter 102, article III.
[Ord. No. 79-2001, 6-5-2001]
(a) 
Any new nonresidential structure that is located in the Route One South Commercial (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), or Route 137 Commercial (Rt137) Districts that is constructed after on or after August 19, 2001, shall comply with the following minimum side setback requirements for structures:
Amount of Side Setback by Zoning District
(in feet)
Structure Size
(in square feet)
ROS
SAC
Rt141
Rt137
Less than 5,000
15
15
15
15
5,001—15,000
15
15
15
15
15,001—25,000
25
25
25
25
25,000—40,000
30
30
30
30
40,001—75,000
40
40
40
40
Greater than 75,000
50
50
50
50
The list of permitted uses subject to planning board review for the respective zoning districts identified above may establish size restrictions on the maximum size of retail uses and structures, and shopping centers in which one or more retail uses are located.
(b) 
Any new nonresidential structure that is built on or after August 19, 2001, that is located in the Searsport Avenue Waterfront District shall comply with the side setback requirements for structures identified in subsection (a), unless the code enforcement officer or planning board makes a finding that the amount of the side setback requirement should be reduced, pursuant to section 102-1276, to allow for the preservation of public views of the water. In no case, however, may the amount of side setback for a nonresidential structure be less than eight feet.
(c) 
A nonconforming structure that does not comply with the minimum side setback requirements may expand, provided none of the structure is located closer to the side lot line than the existing structure, and the applicant complies with the performance standards of this division to the greatest extent practical, as determined by the code enforcement officer or City planning board.
[Ord. No. 79-2001, 6-5-2001]
(a) 
Any new nonresidential structure that is located in the Route One South Commercial (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), or Route 137 Commercial (Rt137) Districts that is constructed after on or after August 19, 2001, shall comply with the following minimum rear setback requirements for structures:
Amount of Rear Setback by Zoning District
(in feet)
Structure Size
(in square feet)
ROS
SAC
Rt141
Rt137
Less than 5,000
20
20
20
20
5,001—15,000
20
20
20
20
15,001—25,000
25
25
25
25
25,000—40,000
30
30
30
30
40,001—75,000
40
40
40
40
Greater than 75,000
50
50
50
50
The list of permitted uses subject to planning board review for the respective zoning districts identified above may establish size restrictions on the maximum size of retail uses and structures, and shopping centers in which one or more retail uses are located.
(b) 
Any new nonresidential structure that is built on or after August 19, 2001, that is located in the Searsport Avenue Waterfront zoning district shall comply with the rear setback requirements for structures identified in subsection (a), unless the code enforcement officer or planning board makes a finding that the amount of the rear setback requirement should be reduced, pursuant to section 102-1276, to allow for the preservation of public views of the water. In no case, however, may the amount of rear setback for a nonresidential structure be less than eight feet.
(c) 
A nonconforming structure that does not comply with the minimum rear setback requirements may expand, provided none of the structure is located closer to the rear lot line than the existing structure, and the applicant complies with the performance standards of this division to the greatest extent practical, as determined by the code enforcement officer or City planning board.
[Ord. No. 79-2001, 6-5-2001]
(a) 
The minimum front buffer yard requirement for the Route One South Commercial (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), Route 137 Commercial (Rt137) and Searsport Avenue Waterfront (SAW) Districts for a use or structure that is constructed after on or after August 19, 2001, shall comply with the following minimum front buffer yard requirements for structures:
Amount of Front Buffer Yard by Zoning District
(in feet)
Structure Size
(in square feet)
ROS
SAC
Rt141
Rt137
SAW
Less than 5,000
30
30
30
30
30
5,001—15,000
30
30
30
30
30
15,001—25,000
35
35
35
35
35
25,000—40,000
40
40
40
40
40
40,001—75,000
50
50
50
50
50
Greater than 75,000
60
60
60
60
60
The list of permitted uses subject to planning board review for the respective zoning districts identified above may establish size restrictions on the maximum size of retail uses and structures, and shopping centers in which one or more retail uses are located.
(b) 
The minimum amount of planting that shall occur in the front buffer yard area for the Route One South (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), Route 137 Commercial (Rt137) and Searsport Avenue Waterfront (SAW) Districts for a use or structure that is constructed after on or after August 19, 2001, shall comply with the following minimum planting requirements for the front buffer yard area. The number to the left in the following chart is the amount of plant units that an applicant must provide, and the number to the right is the guideline that the applicant and planning board or code enforcement officer should use for the amount of such plant units that should be canopy trees. Reference section 102-1249 for a description of how to determine the amount of plant units.
Amount of Planting in Front Buffer Yard and Type of Planting by Zoning District
Structure Size
(in square feet)
ROS
SAC
Rt141
Rt137
SAW
Less than 5,000
50u-30u
50u-30u
40u-20u
50u-30u
60u-0u
5,001—15,000
60u-30u
60u-30u
40u-20u
60u-30u
70u-0u
15,001—25,000
70u-40u
70u-40u
40u-20u
70u-40u
80u-0u
25,000—40,000
80u-40u
80u-40u
50u-25u
80u-40u
90u-0u
40,001—75,000
100u-50u
100u-50u
60u-30u
100u-50u
100u-0u
Greater than 75,000
120u-60u
120u-60u
75u-40u
120u-60u
120u-0u
The list of permitted uses subject to planning board review for the respective zoning districts identified above may establish size restrictions on the maximum size of retail uses and structures, and shopping centers in which one or more retail uses are located.
(c) 
Any new nonresidential structure that is built on or after August 19, 2001, that is located in the Searsport Avenue Waterfront District shall comply with the subsection (a) and (b) requirements for buffer yards and minimum planting requirements, unless the code enforcement officer or planning board makes a finding that the amount of the buffer yard or planting should be reduced, pursuant to section 102-1276, to allow for the preservation of public views of the water. The code enforcement officer or planning board is specifically authorized to consider alternative buffer yard and planting requirements that would result in an attractive site, if such alternative assists in the preservation of a public view.
[Ord. No. 79-2001, 6-5-2001]
(a) 
The minimum side buffer yard requirement for the Route One South Commercial (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), Route 137 Commercial (Rt137) and Searsport Avenue Waterfront (SAW) Districts for a use or structure that is constructed after on or after August 19, 2001, shall comply with the following minimum side buffer yard requirements for structures:
Amount of Side Buffer Yard by Zoning District
(in feet)
Structure Size
(in square feet)
ROS
SAC
Rt141
Rt137
SAW
Less than 5,000
15
15
15
15
15
5,001—15,000
15
15
15
15
15
15,001—25,000
25
25
20
25
25
25,000—40,000
25
25
20
25
25
40,001—75,000
30
30
25
30
30
Greater than 75,000
35
35
35
35
35
The list of permitted uses subject to planning board review for the respective zoning districts identified above may establish size restrictions on the maximum size of retail uses and structures, and shopping centers in which one or more retail uses are located.
(b) 
The minimum amount of planting that shall occur in the side buffer yard area for the Route One South (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), Route 137 Commercial (Rt137) and Searsport Avenue Waterfront (SAW) Districts for a use or structure that is constructed after on or after August 19, 2001, shall comply with the following minimum planting requirements for the side buffer yard area. The number to the left in the following chart is the amount of plant units that an applicant must provide, and the number to the right is the guideline that the applicant and planning board or code enforcement officer should use for the amount of such plant units that should be canopy trees. Reference section 102-1249 for a description of how to determine the amount of plant units.
Amount of Planting in Side Buffer Yard and Type of Planting by Zoning District
Structure Size
(in square feet)
ROS
SAC
Rt141
Rt137
SAW
Less than 5,000
30u-0u
30u-0u
20u-0u
30u-0u
30u-0u
5,001—15,000
30u-0u
30u-0u
20u-0u
30u-0u
30u-0u
15,001—25,000
30u-0u
30u-0u
20u-0u
30u-0u
30u-0u
25,000—40,000
30u-0u
30u-0u
20u-0u
30u-0u
30u-0u
40,001—75,000
30u-0u
30u-0u
30u-0u
30u-0u
30u-0u
Greater than 75,000
30u-0u
30u-0u
30u-0u
30u-0u
30u-0u
The list of permitted uses subject to planning board review for the respective zoning districts identified above may establish size restrictions on the maximum size of retail uses and structures, and shopping centers in which one or more retail uses are located.
(c) 
Any new nonresidential structure that is built on or after August 19, 2001, that is located in the Searsport Avenue Waterfront District shall comply with the subsections (a) and (b) requirements for side buffer yards and minimum planting requirements, unless the code enforcement officer or planning board makes a finding that the amount of the side buffer yard or planting should be reduced, pursuant to section 102-1272, to allow for the preservation of public views of the water. The code enforcement officer or planning board are specifically authorized to consider alternative buffer yard and planting requirements that would result in an attractive site, if such alternative assists in the preservation of a public view.
[Ord. No. 79-2001, 6-5-2001]
(a) 
The minimum rear buffer yard requirement for the Route One South Commercial (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), Route 137 Commercial (Rt137) and Searsport Avenue Waterfront (SAW) Districts for a use or structure that is constructed after on or after August 19, 2001, shall comply with the following minimum rear buffer yard requirements for structures:
Amount of Rear Buffer Yard by Zoning District
(in feet)
Structure Size
(in square feet)
ROS
SAC
Rt141
Rt137
SAW
Less than 5,000
20
20
20
20
20
5,001—15,000
20
20
20
20
20
15,001—25,000
25
25
20
25
25
25,000—40,000
30
30
25
30
30
40,001—75,000
40
40
25
40
40
Greater than 75,000
50
50
35
50
50
The list of permitted uses subject to planning board review for the respective zoning districts identified above may establish size restrictions on the maximum size of retail uses and structures, and shopping centers in which one or more retail uses are located.
(b) 
The minimum amount of planting that shall occur in the rear buffer yard area for the Route One South (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), Route 137 Commercial (Rt137) and Searsport Avenue Waterfront (SAW) Districts for a use or structure that is constructed after on or after August 19, 2001, shall comply with the following minimum planting requirements for the rear buffer yard area. The number to the left in the following chart is the amount of plant units that an applicant must provide, and the number to the right is the guideline that the applicant and planning board or code enforcement officer should use for the amount of such plant units that should be canopy trees. Reference section 102-1249 for a description of how to determine the amount of plant units.
Amount of Planting in Rear Buffer Yard and Type of Planting by Zoning District
Structure Size
(in square feet)
ROS
SAC
Rt141
Rt137
SAW
Less than 5,000
30u-20u
30u-20u
30u-20u
30u-20u
30u-0u
5,001—15,000
30u-20u
30u-20u
30u-20u
30u-20u
30u-0u
15,001—25,000
40u-30u
40u-30u
30u-20u
40u-30u
40u-0u
25,000—40,000
45u-30u
45u-30u
30u-20u
45u-30u
45u-0u
40,001—75,000
50u-40u
50u-0u
30u-20u
50u-40u
50u-0u
Greater than 75,000
75u-60u
75u-60u
50u-40u
75u-60u
75u-0u
Notwithstanding the above provisions, if a non-residential use directly abuts a residential use along the rear lot line of the nonresidential use, the code enforcement officer or planning board may require the amount of rear buffer yard and the amount of planting in the rear buffer yard area to be increased by two-fold (double the amount shown in the table). Further, the code enforcement officer or planning board may require vary the type of trees that must be planted to provide a better quality visual screen between the properties. The code enforcement officer or planning board may allow the applicant to substitute a fence, berm or similar structure for all or some of the planting requirement.
The list of permitted uses subject to planning board review for the respective zoning districts identified in the table above may establish size restrictions on the maximum size of retail uses and structures, and shopping centers in which one or more retail uses are located.
(c) 
Any new nonresidential structure that is built on or after August 19, 2001, that is located in the Searsport Avenue Waterfront District shall comply with the subsection (a) and (b) requirements for rear buffer yards and minimum planting requirements, unless the code enforcement officer or planning board makes a finding that the amount of the side buffer yard or planting should be reduced, pursuant to section 102-1276, to allow for the preservation of public views of the water. The code enforcement officer or planning board are specifically authorized to consider alternative buffer yard and planting requirements that would result in an attractive site, if such alternative assists in the preservation of a public view.
[Ord. No. 79-2001, 6-5-2001]
(a) 
The required buffer yards shall be landscaped to present an attractive appearance to the site, particularly the front buffer yard and the entrance, and to provide a vegetative screen for the site from abutting uses, particularly residential uses.
All side and rear buffer yards shall be preserved in their natural states, insofar as practical and appropriate, by minimizing tree removal, and by controlling any grade changes so that they are compatible with the general appearance of neighboring developed areas. The applicant shall identify specimen trees located on the site (trees greater than 24 inches in diameter) if required by the code enforcement officer or planning board, and shall identify measures to preserve specimen trees, when practical as determined by the code enforcement officer or planning board. The applicant shall submit a landscape plan for all buffer yards, preferably prepared by a landscape architect licensed in the State of Maine. The code enforcement officer or planning board may require the submittal of alternative landscape plans if it determines that site conditions warrant consideration of landscaping alternatives.
The amount of the buffer yard must be located on property owned or controlled by the owner, and shall not include any of the land area located within an established right-of-way for determining the amount of buffer yard. The only structures permitted in the buffer yard, when there is no practical alternative as determined by the code enforcement officer or planning board, are utilities and essential services.
(b) 
For purposes of this subsection, the following types of vegetation are defined as follows:
(1) 
A "canopy tree" is a deciduous tree that reaches at least 35 feet in height at maturity and at time of planting has a minimum 2.5 inch caliper as measured six inches above the ground and a height of at least eight feet.
(2) 
An "evergreen tree" reaches 10 feet to 35 feet in height at maturity and at time of planting has a minimum of 2.5 inch caliper as measured six inches above the ground and a minimum height of at least six feet.
(3) 
A "small flowering tree" is a decorative or ornamental tree (example, flowering crab) that reaches a height of greater than eight feet at maturity and at time of planting has a minimum 1.5 inch caliper as measured six inches above ground and a height of a least six feet.
(4) 
A "shrub" reaches two to 10 feet in height at maturity and at planting shall be at least 18 inches in height.
(5) 
A "flower garden" is a label attached to an area that measures at least 50 square feet in size and that contains a variety of annual or perennial flowers and/or ground cover plantings.
(c) 
The species of vegetation identified in subsection (b) above, shall have the following values for the purposes of determining compliance with the planting requirements for the buffer yards:
(1) 
One canopy tree shall be equal to 10 plants units.
(2) 
One evergreen tree shall be equal to ten plant units in the rear buffer yard and five plant units in the front or side buffer yard.
(3) 
One small flowering tree shall be equal to five plant units in the front or side buffer yard and one plant unit in the rear buffer yard.
(4) 
One shrub shall be equal to one plant unit.
(5) 
One flower garden shall be equal to five plant units in the front buffer yard, two plant units in the side buffer yard, and no plant units in the rear buffer yard.
(6) 
Further, each canopy, evergreen or small flowering tree that exceeds the minimum standard by 1.5 times or greater, shall be equal to 1.5 times the number of points assigned to a tree or shrub that satisfies only the minimum standard.
(7) 
Further, each mature canopy of [or] evergreen tree existing in a buffer yard prior to development and that is retained in good condition shall be awarded double the plants units assigned to a newly planted tree.
(8) 
All tree and other vegetation proposed for the buffer yard shall be of a species appropriate to environmental conditions which exist on the site and in the City and shall be appropriately positioned on the property.
(d) 
A nonresidential use that obtains a permit for a use or structure on or after August 19, 2001, shall provide the minimum amount of plant units per 100 lineal feet or fraction thereof (as measured in ten-foot increments) for the buffer yards identified in section 102-1246, 102-1247 and 102-1248. The City, however, recognizes that all sites are not the same, and that a landscape plan and plantings may be unique to a respective site. The City encourages flexibility to ensure all plantings enhance site appearance and are harmonious with all structures and uses on the site and with abutting sites and uses, and grants the code enforcement officer or planning board, when it deems appropriate, the authority to alter the amount of specific types of plant units identified in the guidelines (the right side column).
(e) 
A nonresidential use that obtained a use permit on or before August 19, 2001, or that occupies a structure constructed on or before August 19, 2001, that proposes to expand the use or structure or change the use, or a nonresidential use that obtained a use permit after August 19, 2001, and that occupies a structure constructed on or before August 19, 2001, that proposes to expand the use or structure or change the use, that cannot fully satisfy these landscaping requirements for buffer yards (reference sections 102-1246, 102-1247, and 102-1248) shall satisfy these landscaping of buffer yard requirements to the greatest extent practical. The code enforcement officer or planning board shall determine if an existing use or structure cannot satisfy these landscaping requirements and what constitutes greatest extent practical. The code enforcement officer or planning board may require additional plantings, fencing, larger buffer yards, or similar measures to compensate for the applicant providing less than the amount of landscaping required.
(f) 
A new use or nonresidential structure, particularly an industrial structure, that does not fully comply with the structure design guidelines identified in section 102-1250, shall provide a minimum of 1.5 times the amount of front, side and rear buffer yard plantings as required in this section, sections 102-1246, 102-1247 and 102-1248.
(g) 
All landscaping materials planted in the buffer yard shall be well maintained and any plants which die shall be replaced within one growing season. Any mature tree which was used to satisfy the required number of plant units which dies within five years of the issuance of a permit shall be replaced with two canopy or evergreen trees within one growing season of the time the mature tree dies. The code enforcement officer or planning board shall require the applicant, as a condition of permit approval, to provide a schedule and program to maintain all site landscaping.
[Ord. No. 79-2001, 6-5-2001]
The structure design standards are intended to ensure that new nonresidential developments and expansions of existing nonresidential developments positively contribute to the character of the major road corridors in the City. Route 1, Route 137 and Route 141 are gateways to the City and new development shall use building styles, building materials, and site layouts that help create a vibrant, well-functioning and attractive area in which to eat, shop, obtain services, and work. These standards are not rigid guidelines, and applicants are encouraged to use creativity in proposing imaginative and attractive new development. Similarly, the City planning board or code enforcement officer should use flexibility in its review of proposed development and the application of these standards to help achieve the City's goal.
(1) 
Structure orientation. New structures must be well oriented to site characteristics and preferably should present their "best face" toward the main access road on which the structure fronts. Further, if the site uses an interior access drive for its main access, and the structure is oriented to this access drive, the applicant shall present "attractive faces" on both the main access road and the interior access drive. This approach routinely includes the construction of an entrance and accompanying sidewalk on the side of the best face, and on any side that faces a public street or service road. No blank facades, service doors or loading areas (potential exceptions for auto service and repair facilities) shall be located on the side facing the main access road or an interior access drive.
(2) 
Facades and exterior walls. Facades and exterior walls shall comply with the following requirements:
a. 
The facade and exterior walls shall complement the building style proposed by the applicant and shall present an attractive appearance. Further, the relationship of the width to the height of the principal elevation shall be visually compatible with structures, public ways, and open spaces to which it is visually related.
b. 
Facades greater than 100 feet in length measured horizontally, should incorporate wall plane projections or recesses that have a depth of at least 3% of the length of the facade and extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.
c. 
Ground floor facades that face public streets or interior access drives should use building features such as arcades, display windows, entry areas, awnings and other such features along a significant portion of their horizontal length to present an attractive facade.
d. 
Building facades should include a repeating pattern that includes no less than three of the following elements:
1. 
Color change;
2. 
Texture change;
3. 
Material module change; or
4. 
An expression of architectural or structural bays through a change in plane, such as an offset, reveal or projecting rib that is no less than 12 inches in width.
At least one of elements 1., 2., or 3., should repeat horizontally. All elements should repeat at intervals of no more than 30 feet, either horizontally or vertically.
(3) 
Roof design. The shape of the roof shall complement the building style proposed by the applicant and shall present an attractive appearance. The shape of the roof shall also consider the shape of roofs on structures to which it is visually related. The City requires that all roofs have no less than two of the following features, and expressly prohibits any long run of a flat roof design:
a. 
Parapets concealing flat roofs and rooftop equipment, such as HVAC units from public view. The average height of such parapets should not exceed 15% of the supporting wall and such parapets should not at any point exceed one-third of the height of the supporting wall. The parapets should also include three dimensional cornice treatments or other architectural details to break up the roof line and to provide more character to the exterior face.
b. 
Overhanging eaves that extend no less than three feet past the surrounding walls.
c. 
Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to a pitch of 3 in 12.
d. 
Three or more roof slope planes.
(4) 
Building materials and colors. The type and color of materials used shall complement the building style proposed by the applicant and shall present an attractive appearance. The color and texture of materials used shall consider the colors and texture of materials used on structures to which it is visually related.
a. 
Predominant exterior building materials shall be high quality materials, including but not limited to, brick, stone, tinted/textured concrete masonry units, wooden clapboards and wood shingles. Clapboards also may be vinyl, provided the vinyl is a high quality material and the applicant uses accents to finish the installation.
b. 
Facade colors shall routinely be low reflectance, subtle and harmonious with the structure. The use of high-intensity colors, metallic colors, black or fluorescent colors should generally be avoided.
c. 
Building trim and accent areas may feature brighter colors, including colors that are compatible with the main facade colors, and should be used in good proportion to the main facade colors. Neon tubing shall be discouraged as an acceptable feature for building trim or accent areas, unless it is low-stated and it is compatible with the appearance of the building and the area.
d. 
Exterior building materials generally shall not include smooth-faced concrete block, concrete panels or prefabricated steel panels. These materials, however, may be found to be acceptable for structures that do not front directly on a public street and that are located to the rear of the primary structure located on the same parcel. Further, structures that use such materials shall use appropriate amounts of landscaping to break up the appearance of the structure.
e. 
Applicants are encouraged to incorporate the use of windows in the structure design, particularly for any facade that the public uses to enter a structure. Window scale and the treatment of the window shall be compatible with the building design. The City discourages any building facade to include greater than 50% of the building as glass.
(5) 
Entryways. The entryways to the building shall complement the building style proposed by the applicant, the relationship of the building to the site access, and shall present an attractive appearance, and a functional entrance.
a. 
Each structure or use on a site shall have clearly defined, highly visible customer entrances featuring no less than three of the following: canopies or porticos, overhangs, recesses/projections, arcades, raised corniced parapets over the doors, peaked roof forms, arches, outdoor patios, display windows, architectural details that are integrated into the building structure and design, or integral planters or wing walls that incorporate landscaped areas and/or places for sitting.
b. 
Where additional stores are located in a large retail establishment, each store shall have at least one exterior customer entrance that conforms to the requirements in subsection a.
(6) 
Buildings of special merit. The City recognizes that an applicant may choose to propose a building design that satisfies the intent of the City requirement for an attractive building design, but that does not satisfy one or more of the criteria identified in this section. The code enforcement officer or the planning board shall have the authority to allow an alternative building design for a building of "special merit" that satisfies the intent of this standard, and, in the findings of the code enforcement officer or the planning board, positively contributes to the character of the road corridor on which the structure is located and the City.
(7) 
Expansion of a nonresidential structure constructed prior to enactment of the section 102-1242-102-1247 design review standards. The City recognizes that many nonresidential structures were constructed prior to the enactment of the section 102-1242-102-1247 design review standards, and that the design of some of these structures may not fully comply with the requirements of these standards. The City's intent is to ensure that proposed expansions of existing structures comply with the section 102-1242-102-1247 design review standards to the greatest extent practical, and that such expansions are compatible with development that occurred prior to the enactment of these standards. The proposed expansion of a nonresidential structure that was constructed prior to August 19, 2001, shall comply with the section 102-1242-102-1247 design review standards to the greatest extent practical, as determined by the code enforcement officer or the planning board. The code enforcement officer or the board, in making a decision regarding compliance to the greatest extent practical with these standards, shall consider the following factors:
a. 
The size of the proposed structure expansion.
b. 
The location of the proposed structure expansion on the site, and its orientation to the main corridor road or a significant other road.
c. 
The style of construction of the existing structure, including but not limited to the type of building materials, the roof design, the building facade, the type of entry way, and the color of the existing building.
d. 
The compatibility of the proposed structure expansion with the existing structure.
e. 
The character of other structures in the area.
f. 
The current use of the site and the proposed use for the structure expansion.
[Ord. No. 79-2001, 6-5-2001; 10-3-2017]
A nonresidential use shall provide an adequate amount of parking for the proposed use; reference Chapter 98, Article VIII, to determine the minimum amount of parking required. The design and layout of the parking area shall be harmonious to the use, structures and site and, if practical, to abutting uses, structures and sites. The City encourages creativity in the design of all parking areas to enhance how the site functions, to reduce the total amount of area devoted to parking, to reduce the scale and bulk of parking areas, to encourage joint use parking between adjacent sites, and to enhance the appearance of the site, particularly the view of the site from the respective main public road corridor. The design and layout of the parking area shall conform to the following standards:
(1) 
The design and layout of the parking area shall ensure that the parking areas are adequately separated from the site entrances so that none of the vehicles that are entering the site queue into an adjacent public street. The site entrance shall be separated from the parking area for a minimum of 20 feet. This may require the use of islands, curbing, walkways, ditching, berms or similar measures to separate the parking areas from the site entrances.
(2) 
A use that requires 40 or less parking spaces may locate a maximum of 10 spaces to the front of the building, provided that the following standards are met:
a. 
The 10 (or less) parking spaces are well oriented in relation to the site;
b. 
There is a pedestrian walkway that connects these parking spaces to the structure; and
c. 
There is an appropriately landscaped green strip of no less than four feet located between this parking area and the structure.
All other parking shall be located to the side or rear of the structure. If applicable, this standard also is subject to the requirements of Subsection (3).
(3) 
Notwithstanding the provisions of Subsection (2), a use that has frontage on Route 1, Route 137 or Route 141, and that requires 40 or less parking spaces, may locate a maximum of 10 spaces in the area between the structure and the respective road identified above, regardless of the street or interior access road to which the structure is oriented. All other parking spaces shall be located in an area that is not located between the structure and the respective road identified above.
(4) 
A use that requires 41 or more parking spaces may locate a maximum of 20% of the parking spaces directly in front of the structure (corners of the main facade) in the area between the street/access drive on which the structure fronts and the structure. Further, a maximum of 20% of the remaining parking spaces may be located between the street/access drive and the structure (beyond the corners of the main facade) and to the side of the structure in the area that would be considered the front yard. A parking layout that locates parking in either of these two areas must satisfy the following standards:
a. 
The parking spaces shall be well oriented to the site;
b. 
There shall be a pedestrian access way between the structure and the parking areas;
c. 
There shall be an appropriately landscaped green strip that is preferably 10 feet but no less than four feet in width located between the structure and the parking area;
d. 
The use of parking cells to break up the parking areas; and
e. 
The use of berms, landscaping or similarly acceptable amenities to effectively screen the parking in the area between the structure and the respective main road on which the building fronts, Route 1, Route 141 or Route 137, regardless of the orientation of the building.
All other parking shall be located to the side or rear of the structure. If applicable, this standard also is subject to the requirements of Subsection (5).
(5) 
Notwithstanding the provisions of Subsection (4), a use that has frontage on Route 1, Route 137 or Route 141, and that requires 40 or more parking spaces, may locate a maximum of 20% of the parking spaces in the area between the structure and the respective road identified above, regardless of the street or interior access road to which the structure is oriented. All other parking spaces shall be located in an area that is not located between the structure and the respective road identified above.
(6) 
Notwithstanding the provisions of Subsections (2)-(5), the Code Enforcement Officer or the Planning Board may allow a use that has special customer service demands, such as but not limited to a lumber yard or a hotel, to locate a greater percentage of the parking to the front of the structure, including the area between the structure and Route 1, Route 137 or Route 141. The Code Enforcement Officer or the Planning Board must make a finding that the specific needs of this use require that a greater percentage of the parking spaces be located to the front of the structure, and that locating spaces to the front of the structure does not adversely affect internal circulation on the site. The Code Enforcement Officer or the Board may require compensatory measures, such as but not limited to, additional landscaping, berms, fencing, or similar amenities, as a condition of allowing a greater percentage of the parking to occur to the front of the building.
(7) 
Any new nonresidential structure that is built on or after August 19, 2001, that is located in the Searsport Avenue Waterfront District shall comply with the parking standards identified in Subsections (2)-(6), unless the Code Enforcement Officer or the Planning Board makes a finding that a greater amount of parking may be located in front of the structure, pursuant to Section 102-1276, to allow for the preservation of public views of the water. The Code Enforcement Officer or the Planning Board may allow up to 100% of the parking in the Searsport Avenue Waterfront District to be located to the front of the building if the Code Enforcement Officer or the board finds that this parking layout will allow public views of the water.
(8) 
Uses that require a significant amount of parking, more than 75 vehicles, shall use parking cells to assist in managing the visual impact and scale of the parking areas. The Code Enforcement Officer or the Planning Board shall use the following guidelines to implement this provision:
a. 
Each parking cell should contain no more than 70-100 parking spaces;
b. 
The maximum length of any parking row should not exceed 225 feet;
c. 
Landscaping of the parking cells shall comply with requirements of Section 102-1252, landscaping requirements for parking areas; and
d. 
The layout of the parking cells shall be served by well-defined internal circulation routes for vehicles and pedestrians.
(9) 
All parking lots in excess of 10 spaces shall be paved, unless the Code Enforcement Officer or Planning Board authorizes the use of gravel for the surface of the parking areas. In allowing the use of a gravel parking area, the Board shall make a finding that environmental factors, aesthetic concerns, and/or the nature of customer parking (for example, the amount of turnover in parking spaces and the frequency of use of the parking areas), warrants the use of a gravel surface.
[Ord. No. 79-2001, 6-5-2001]
Parking lots shall be effectively landscaped with trees and shrubs to successfully manage the visual impact of glare, headlights, and lights associated with use of the parking areas on the public right-of-way and on adjoining properties, and to present an attractive appearance to the site. The landscaping of all parking lots for a nonresidential use shall satisfy the following standards:
(1) 
The applicant shall provide an eight-foot wide landscaped strip planted with canopy trees and low shrubs around the perimeter of all parking areas located to the side or rear of a structure. A minimum of one canopy tree that is equal to 10 plant units shall be provided per every 40 feet of parking lot perimeter. A minimum of two plant units of shrubs shall be provided for every 10 feet of parking lot perimeter. The vegetated buffer yards required in the front, side or rear setback area may be used to satisfy the landscape requirements for parking lots when the respective parking lot abuts the buffer yards on one or more sides. The guideline for determining plant units is defined in section 102-1249(b) and (c).
(2) 
The applicant shall provide a continuous landscape strip that is a minimum of eight feet in width between every four rows (a row is one car deep) of parking which contain five or more cars per row. A minimum of one canopy tree equal to ten plant units shall be provided for each 40 feet of length or fraction thereof of the landscape strip. A minimum of two plant units off shrubs shall be provided for each 10 feet of length of the landscape strip.
(3) 
The applicant shall provide the following planting islands if the size of the parking area warrants such islands:
a. 
A planting island that is a minimum of 200 square feet in size shall be provided at each end of all parking rows that contain 12 or more parking spaces.
b. 
A planting island that is a minimum of 100 square feet in size shall be provided in the interior of any parking row that is greater than 100 feet in length, and for each 100 lineal feet or fraction thereof of length of the parking row.
All planting islands shall include one canopy tree equal to ten plant units, and other appropriate landscaping material that accentuates the appearance of the planting island.
(4) 
The code enforcement officer or the planning board shall encourage and may require the use of a vegetated landscape berm to lessen the visual impact of parking areas that are located to the front or side of a structure. A landscape berm that is 30 inches or more in height shall be equal to 20 plant units per 100 lineal feet or fraction thereof of berm. A landscape berm that is 15 inches or more in height shall be equal to ten plant units per 100 lineal feet or fraction thereof of berm.
(5) 
Notwithstanding the above provisions, the applicant may submit and the code enforcement officer or the planning board may consider an alternative landscape plan for the siting of landscape areas that provides an equal or greater amount of landscaping required by this division, and that addresses the goals identified in this section.
[Ord. No. 79-2001, 6-5-2001]
The purpose of these standards is to allow the minimum number of curb cuts (points of site access) on a site (lot) to enable its safe and efficient use, and to assist in retaining safe and efficient traffic patterns on the City's main road corridors and significant other roads. The main road corridors in the affected zoning districts include Route 1, Route 137 (Waldo Avenue), and Route 141. Significant other roads include, but are not necessarily limited to: Mill Lane, Robbins Road, Old Searsport Avenue, Stevenson Lane, Congress Street, and Perkins Road. The code enforcement officer or the planning board shall consult with the department of public safety, department of public works, City engineer (if City engineer is involved with review of the project), and the state department of transportation (MDOT, if required by state standards) in making a decision regarding the location and number of curb cuts.
(1) 
Safe unobstructed access to and from the site shall occur by providing an adequate number, design and location of access points with respect to sight distances, intersections, traffic generators, all types of vehicles having occasion to enter the site and adjoining properties.
(2) 
All properties in existence on or before August 19, 2001, that have no existing curb cuts or only one existing curb cut shall be restricted to one main (two-way) curb cut onto a main road corridor or a significant other road. The code enforcement officer or the planning board, however, may allow a property with 500 feet or more of road frontage to have more than one curb cut. The code enforcement officer or the planning board also may allow a property that has frontage on more than one road corridor or significant other road to have a curb cut on one or more of these roads.
(3) 
All properties that were developed on or before August 19, 2001, that have two or more existing curb cuts may retain the existing curb cuts to serve the existing development, an expanded development or a change of use, if the code enforcement officer or the planning board finds the following:
a. 
That the existing curb cuts are critical to allow the safe and efficient use of the site;
b. 
That the applicant has fully examined alternatives that could result in the elimination of one or more of the existing curb cuts and the code enforcement officer or the board finds that there is no reasonable alternative to retaining the present curb cuts;
c. 
That the applicant has fully examined alternatives regarding the redesign or relocation of existing curb cuts that do not comply with City dimensional requirements for the design or location of curb cuts, and the code enforcement officer or the board finds that there is no practical alternative to retaining the current design and location of said nonconforming curb cuts; and
d. 
That the applicant has fully examined and implemented, when deemed practical by the code enforcement officer or the planning board, alternatives that allow the joint use of one or more of the access drives, or that the applicant has provided a means to connect the existing site to one or more of the adjacent sites.
If the code enforcement officer or the board does not make a positive finding that the above requirements are met, the applicant shall be required to eliminate one or more of the existing curb cuts, or to redesign or relocate the existing curb cuts to bring the existing nonconforming property (with regard to the number, location or design of curb cuts) into greater conformance with City requirements.
(4) 
The code enforcement officer or planning board may allow the use of one or more restricted access right-turn entrance or exit only lanes for a site, provided that the code enforcement officer or the board makes the following findings:
a. 
The restricted lane will benefit traffic circulation and safety on the main corridor road, a significant other road, or an internal access drive;
b. 
The restricted lane will benefit internal traffic circulation;
c. 
The site has 250 feet or more of frontage; and
d. 
There is adequate separation between the restricted lane and other curb cuts located on this site and on other sites (both sides of the road) in the project area.
(5) 
The applicant shall provide adequate separation between all curb cuts. The code enforcement officer or planning board shall use the following guidelines to identify the amount of separation required between curb cuts:
a. 
A minimum of 75 feet of separation between the curb cut proposed by the applicant and curb cuts located on the same side of the road, unless there is no practical alternative to provide at least 75 feet of separation;
b. 
A preferred separation of 150 feet or more between the curb cut proposed by the applicant and curb cuts located on the same side of the road;
c. 
The amount of separation between the curb cut proposed by the applicant and the location of curb cuts located on the opposite side of the road;
d. 
The size of the lot proposed to be developed by the applicant and the amount of lot frontage, as well as the size and amount of frontage of other lots in the surrounding area;
e. 
Present and future traffic patterns that occur in the area.
(6) 
All means of ingress/egress (site access points) onto a public road shall be designed according to the following standards of safe sight distance. The code enforcement officer or planning board, however, shall not use this section as the sole criterion for rejecting an application unless all possible means of ingress/egress are deemed to be unsafe due to poor sight distances. Sight distance shall be measured both from the perspective of a vehicle sitting in the entrance viewing vehicles traveling on the road and from the perspective of a vehicle traveling on the road viewing a vehicle in the entrance.
Sight Distances
Posted Speed Limits
Minimum
(in feet)
Recommended
(in feet)
25 mph
175
250
30 mph
210
300
35 mph
245
350
40 mph
280
400
45 mph
315
450
50 mph
350
500
55 mph
385
550
All means of ingress/egress (site access points) onto a private access drive shall satisfy the above standards to the greatest extent practical. The code enforcement officer or planning board shall be responsible for determining what constitutes to the greatest extent practical.
(7) 
The applicant shall provide direct connections and safe street crossings to adjacent land uses and properties, and allow the shared use of these connections, unless the code enforcement officer or planning board deems that one or more of the potential connections are not appropriate. The direct connection(s) shall involve the construction of the needed access way or the reservation of the right-of-way to an adjacent parcel. If the project involves the reservation of a right-of-way, the code enforcement officer or planning board may require the applicant to escrow funds to construct the access connection at a future date.
(8) 
An applicant shall identify how bicycle and pedestrian access to the site can occur, and shall examine the amount of bicycle and pedestrian use of the site that may occur. This analysis shall consider the extent of bicycle and pedestrian facilities that exist in the area at the time of application, the potential need for such facilities in the area, City or state plans to construct or designate bicycle and pedestrian facilities in the area, and how bicycle and pedestrian use of the area can be achieved. The code enforcement officer or planning board shall review this analysis and determine if the applicant must construct improvements to facilitate bicycle or pedestrian access to the site.
[Ord. No. 79-2001, 6-5-2001]
An applicant shall provide safe internal circulation within the site for vehicles, pedestrians and bicyclists. The applicant shall comply with the following standards to help satisfy this requirement:
(1) 
To the maximum extent practical, pedestrians and vehicles shall be separated through the provision of a sidewalk or walkway. Where complete separation of pedestrians and vehicles is not feasible, potential hazards shall be minimized by using landscaping, special paving, striping, signage, and other means to clearly delineate pedestrian areas.
(2) 
The applicant shall provide unobstructed vehicular access to and from a public street for all off-street parking spaces, and shall provide well-defined circulation routes for vehicles, pedestrians and bicycles. Further, all entrances and exits to the site and any parking area shall be located an adequate distance from the public way to eliminate queueing of motor vehicles into the public way.
(3) 
Standard traffic control signs and devices shall be used to direct traffic where necessary throughout the site and the parking areas.
(4) 
The site layout and design shall anticipate the needs of users and provide continuity between vehicular circulation, parking, pedestrians, and bicycle circulation. Pedestrian drop-off areas shall be provided where needed, particularly for uses that serve children or the elderly.
(5) 
The site layout and design shall consider how truck circulation will occur throughout the site, and shall ensure that such circulation does not adversely impact vehicular, pedestrian and bicycle safety. All loading and off-loading areas shall occur in locations or at times that do not affect public safety.
(6) 
The applicant, if deemed appropriate by the code enforcement officer or planning board, shall provide amenities, such as bicycle racks, to encourage bicycle use.
[Ord. No. 79-2001, 6-5-2001]
A nonresidential use shall provide adequate utilities and services that comply with the requirements of this section.
(1) 
Water supply. The use shall have a water supply of adequate quality and quantity. A water supply may be a private well, a central water supply approved by the state department of human services, or a public water supply. An applicant shall be required to connect to the public water supply unless the code enforcement officer or planning board, after consultation with the City water district, determines that the location of the nonresidential use, and the volume of water that the nonresidential use would use, does not allow for a financially reasonable connection to a public water system, and provided that an adequate quality and quantity private source of water can be provided.
(2) 
Fire protection. A use that connects to the public water system shall install all needed infrastructure, including fire hydrants, as determined by the code enforcement officer or planning board in consultation with the fire chief, to provide an adequate source of water for fire fighting purposes. If the nonresidential use does not connect to the public water supply, the applicant shall identify how fire protection services may be provided. The code enforcement officer or planning board may require an applicant to construct ponds and dry hydrants to provide for adequate water storage for fire-fighting purposes, or may require an applicant to use construction practices that reduce the risk of a fire.
(3) 
Sewage disposal. The use shall have an approved method of sewerage disposal. Private sewage disposal may be used provided the system satisfies City subsurface wastewater disposal ordinance and state requirements. No permanent use may use portable toilets for sewage. Public sewage disposal may be used subject to approval of the City. A nonresidential use located within 750 feet of a public sewer system shall connect to the system unless the code enforcement officer or planning board determines the cost of the extension is prohibitive for the use proposed and a good quality method of private sewage disposal can be provided.
(4) 
Utility services. All electric, telephone, television, and similar service shall be located underground, unless the code enforcement officer or planning board determines that the underground service is cost prohibitive, that it may adversely impact natural resource features on the site, or that there are well located existing overhead services to this site and adjacent properties and that the use of overhead service to this site would not adversely affect the character of the area.
(5) 
Miscellaneous telecommunication equipment. All satellite dishes, microwaves, and similar structures used for transmission or reception purposes shall be located to minimize adverse visual impacts. The code enforcement officer or planning board shall consider the functional requirements for this equipment in rendering a decision regarding the location of such equipment.
[Ord. No. 79-2001, 6-5-2001]
(a) 
Excessive noise at unreasonable hours shall be required to be muffled so as not to be objectionable due to intermittence, beat, frequency, shrillness or volume (refer to table below). The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced by any industrial or other nonresidential uses (all nonresidential uses other than industrial activities) regulated by this division shall be established by the time period and type of land use listed below. Sound pressure levels shall be measured on a sound level meter at all major lot lines of the proposed site, at a height of at least four feet above the ground surface.
Sound Pressure Level Limit
7:00 a.m.—8:00 p.m.
8:00 p.m.—7:00 a.m.
Other nonresidential activities
60 db(A)
55 db(A)
Industrial activities
70 db(A)
55 db(A)
The levels specified above may be exceeded by 10 dbA for a single period, not longer than 15 minutes, in any one day.
Noise shall be measured with a sound level meter meeting the standards of the American National Standards Institute (ANSI S1 4-1961) "American Standard Specification for General Purpose Sound Level Meters". The instrument shall be set to A-weighted response scale and at the meter to the slow response. Measures shall be conducted in accordance with ANSI S1 2-1962 "American Standard Method for the Physical Measurements of Sound", or such standard as may be amended from time to time. The City code enforcement officer, however, may use a portable sound meter available to the City to establish potential noise levels. If the code enforcement officer registers a noise level that is either near to or greater than the above standards, the officer may use these results to require the property owner to conduct a sound level analysis from a licensed engineer that fully complies with the above standards and to present these results to the code enforcement officer for analysis. Further, the code enforcement officer or planning board may require a noise level study for any use which requests a permit from the City.
(b) 
No person shall engage in, cause, or permit any person to be engaged in very loud construction activities on a site (active construction area) located within 750 feet of any residential use between the hours of 8:00 p.m. of one day and 7:00 a.m. of the following day. Construction activities shall be subject to the maximum permissible sound level specified for industrial districts for the periods within which construction is to be completed pursuant to any applicable building permit. The following uses and activities shall be exempt from the sound pressure level regulations:
(1) 
Noises created by construction and maintenance between 7:00 a.m. and 8:00 p.m.
(2) 
The noises of safety signals, warning devices and emergency pressure relief valves and any other emergency activity.
(3) 
Traffic noise on existing pubic streets, railways or airports.
[Ord. No. 79-2001, 6-5-2001]
The emission of dust, dirt, fly ash, fumes, vapors and gases which could endanger human health, animals, vegetation, or property, or which could soil or stain persons or property, at any point beyond the lot line of the nonresidential establishment creating that emission shall be prohibited. All such activities also shall comply with applicable federal and state regulations.
[Ord. No. 79-2001, 6-5-2001]
No land use or establishment shall be permitted to produce offensive or harmful odors perceptible beyond their lot lines, whether at ground or habitable elevation.
[Ord. No. 79-2001, 6-5-2001]
The purpose of this standard is to focus on the physical effects of lighting, as well as the effect that lighting may have on a surrounding area. Exterior lighting shall be evaluated to ensure that the functional and security needs of the project are met in a way that does not adversely affect the adjacent properties and surrounding area. No nonresidential use shall be permitted to produce a strong, dazzling light or reflection of that light beyond its lot lines onto neighboring properties so as to diminish a person's enjoyment of their property, or onto any City way so as to impair the vision of the driver of any vehicle upon that City way.
The following chart identifies minimum lighting levels for outdoor facilities used at night (Illuminating Engineering Society Lighting Handbook).
Area/Activity
Footcandle
Around the building
1.0
Walkways along roadside
0.9
Pedestrian stairways
0.3
Loading and unloading platforms
5.0
(Provided there is a barrier that separates this platform from an abutting residential use) Parking areas
1.0
Lighting of a nonresidential site shall comply with the following standards:
(1) 
Background spaces like parking shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and/or protecting people and property. Foreground spaces, such as building entrances and plaza seating areas, shall use local lighting that defines the space without glare.
(2) 
Light sources shall be concealed and fully shielded and shall feature sharp cut-off capability so as to minimize up-light, spill-light, glare and unnecessary diffusion on adjacent property.
(3) 
The style of light standards and fixtures shall be consistent with the style and character of architecture proposed on the site. Poles shall be anodized or otherwise painted to minimize glare from the light source.
(4) 
Light sources must minimize contrast with the light produced by surrounding uses, and must produce an unobtrusive degree of brightness in both illumination levels and color rendition. Incandescent and high pressure sodium light sources all can provide adequate illumination with low contrast and brightness and are permitted light sources if the light source is consistent with the other standards.
(5) 
Light levels measured 20 feet beyond the property line of the development site shall not exceed 0.1 footcandle as a direct result of the on-site lighting.
(6) 
Upon request of the applicant, the code enforcement officer or planning board may approve an alternative lighting plan that may be substituted in whole or in part for a plan that satisfies the specific standards of this section, provided that the alternative lighting plan is found to be consistent with the purposes of this section 102-1259.
[Ord. No. 79-2001, 6-5-2001]
The applicant shall be responsible for controlling surface water run-off and detaining it on-site to the greatest extent practical. Further, the applicant shall maintain the natural state of watercourses, swales, floodways or right-of-ways to the greatest extent practical in constructing site improvements. The applicant shall comply with the standards identified in the chapter 98 in managing stormwater.
[Ord. No. 79-2001, 6-5-2001]
The applicant shall be responsible for identifying all on-site wetlands and avoiding or minimizing adverse impacts, to the greatest extent practical, on both on-site wetland bodies and wetland bodies located on adjacent parcels. At a minimum, the applicant must demonstrate compliance with all provisions of the state Natural Resources Protection Act (NRPA) and chapter 82. The code enforcement officer or planning board, however, shall not use adverse impacts on wetland resources that are not subject to NRPA review or chapter 82 review as the sole reason to deny a project. The code enforcement officer or planning board also has the authority to require an applicant to prepare an analysis that identifies the functional values of on-site wetlands and how a proposed project may affect such wetland values. This analysis also must identify potential methods to avoid, minimize or mitigate the wetland impact.
[Ord. No. 79-2001, 6-5-2001]
The applicant shall comply with all requirements of chapter 78, article II, and shall avoid, to the greatest extent practical, creating any adverse impacts on a floodplain resource.
[Ord. No. 79-2001, 6-5-2001]
The soils on the site shall be adequate to support the intended purpose. The code enforcement officer or planning board may require the applicant to provide a high intensity soil survey to assist the City in analyzing soil quality.
[Ord. No. 79-2001, 6-5-2001]
The applicant shall minimize the erosion of soil and the sedimentation of watercourses and waterbodies to the greatest extent practical by instituting the best management practices identified in chapter 78. Further, the applicant, during project construction, shall maintain all soil erosion and sedimentation control measures that are installed in good working condition.
[Ord. No. 79-2001, 6-5-2001]
The applicant shall provide an acceptable method to collect and dispose of all solid wastes and recyclables generated on the site in a timely manner and in an environmentally friendly way. The applicant also must demonstrate that the method of collecting and disposing of these wastes will not cause an unreasonable burden on the City's ability to process such wastes. Further, the applicant shall screen all refuse and recycling facilities from public view, and the facilities shall be located to avoid potential adverse impacts on any adjacent residences. Screening shall occur by the construction of a four-sided solid enclosure (fence/wall) that is a minimum of six feet in height, or an alternative enclosure or screening that provides the equivalent screening provided by this type of enclosure.
[Ord. No. 79-2001, 6-5-2001]
The applicant shall construct storage facilities for highly flammable or explosive liquids, solids or gases, fuel, chemicals, chemical or industrial wastes, or potentially harmful raw materials that comply with all applicable state and federal requirements. Further, all such facilities shall be located away from residences to the greatest extent practical.
[Ord. No. 79-2001, 6-5-2001]
(a) 
The applicant shall properly collect, store and dispose of any hazardous wastes that may be generated by use of the site. The applicant shall comply with all applicable state and federal requirements in the collection, storage and disposal of such wastes and shall inform the City code enforcement officer and City fire chief of the approved method to handle such wastes and any orders that may be issued regarding the handling of such wastes.
(b) 
The applicant shall identify if there are any known hazardous wastes located on the site that is proposed to be developed. If hazardous wastes are identified, the applicant shall prepare a plan that complies with all state and federal requirements regarding the management of such wastes during the construction and operation of the site. The code enforcement officer or planning board must approve this plan to allow development of the site.
Further, if any development of the site results in the discovery of any unanticipated hazardous materials, the applicant shall immediately alert the City code enforcement officer and state department of environmental protection of the presence of hazardous materials, and shall immediately cease construction activities in the affected area until a course of action to correct the problem is identified.
[Ord. No. 79-2001, 6-5-2001]
The code enforcement officer or planning board shall require the applicant to construct off-site improvements if the officer or board determines such improvements are specifically required to address a public health, safety or welfare concern caused by or associated with the proposed project. Off-site improvements may include but are not limited to: improvements to public or private roads, pedestrian and bicycle amenities (e.g. sidewalks) and stormwater facilities. The need and extent of required improvements shall be identified through the code enforcement officer's or planning board's analysis of the following: information included in the applicant's site plan application; an impact statement that may be required of an applicant (reference section 102-1269); a traffic study prepared in accordance with chapter 98; direction provided in City or state plans; or other pertinent sources that provide information regarding this project.
[Ord. No. 79-2001, 6-5-2001]
(a) 
The code enforcement officer or planning board shall require the applicant to participate in the construction or funding of municipal infrastructure and/or service system improvements when it is demonstrated the applicant's proposed development will result in an adverse impact or decline in the level of service of any existing municipal or state infrastructure system or service. The code enforcement officer or planning board is authorized to perform the following actions:
(1) 
Require an applicant to prepare an assessment of the amount of impact a proposed project would have on municipal and state infrastructure or service systems, including but not limited to roads, pedestrian and bicycle facilities, stormwater management, parks and recreation, school facilities, public buildings, sewer treatment and collection system, and the water supply and water distribution system.
(2) 
Conduct an analysis of the applicant's assessment, including the use of professional services paid for by the applicant to evaluate the applicant's assessment (subsection (1) above).
(3) 
Establish infrastructure or service system improvements that the applicant shall be required to construct or to pay for, all or part, to effectively mitigate the amount of adverse impact or decline in the level of service.
(b) 
The code enforcement officer or planning board shall use the following guidelines in making this decision:
(1) 
Conducting the assessment. The applicant shall address the following factors in conducting the impact assessment, and the code enforcement officer or planning board shall consider the following factors in rendering its decision:
a. 
The status of the system and service identified in the adopted comprehensive plan and capital improvement program relative to any planned improvements and scheduling.
b. 
The net effect of the proposed development on the capacity of the infrastructure or service system, indicating the percentage share used or impacted by the development.
c. 
A cost estimate for improvement of this infrastructure or service system so as to meet the increased demand caused by the applicant proposal, and a breakdown of the applicant's share of that cost.
d. 
An assessment of public water and sewer system improvements provided or planned by the appropriate agencies.
(2) 
Improvement responsibilities. When an applicant's share of infrastructure and or service system impact has been established by the code enforcement officer or the planning board, the code enforcement officer or the board shall select the method regarding how the applicant must participate in making the infrastructure and/or service system improvement. The following two alternatives are available:
a. 
The applicant must make the necessary infrastructure and/or service system improvements in accordance with a construction or service delivery schedule approved by the City, and must post a performance guarantee to cover all associated costs. The City may adopt measures to allow the applicant to recover representative amounts of the improvement costs within 10 years after improvements are made. For the applicant to recover these costs, subsequent developments must realize a benefit by using the infrastructure and/or service system improvement financed by the applicant. Cost reimbursement for the applicant shall be established as subsequent developments proceed through the City use permit, site plan or subdivision review process. The code enforcement officer or planning board shall use the same process in arriving at the appropriate cost share for subsequent development.
b. 
The City must agree to complete the improvements. The applicant shall pay their required share of the cost to construct the improvements to the City at the time of issuance of a building permit for the project. The City shall retain this fee/share in a reserve fund until the improvement is completed in accordance with the scheduled capital improvement of the City. If the improvement is not completed within 10 years, the fee plus the accrued interest must be returned to the applicant.
[Ord. No. 79-2001, 6-5-2001]
The applicant shall post an acceptable performance guarantee with the City to ensure all improvements required as a condition of issuing a use permit are constructed. The code enforcement officer or planning board shall determine the type and amount of performance guarantee that is required. A performance guarantee shall consist of one or more of the following:
(1) 
Site restabilization. An applicant that is disturbing more than 20,000 square feet of land in any area of the City, or any amount of land in a sensitive area, such as in the Shoreland Zone, shall post an escrow account or irrevocable letter of credit with the City to pay the estimated cost equal to City expenses to regrade, stabilize, reseed, or revegetate a site disturbed by construction activities if the project is not completed. Escrow funds shall be deposited in an account established specifically for this project. The guarantee is subject to release by the City upon a written finding from the code enforcement officer or City engineer that all plan requirements have been satisfied and an occupancy permit issued. The City may expend funds from the guarantee upon a written determination from the code enforcement office or City engineer that project activities, such as site clearing and grading, have been started, but no further construction activity has occurred. A City decision to expend funds only will be made sooner than one year after issuance of the building permit if the code enforcement officer or City engineer determines the applicant's failure to restabilize the site will result in significant adverse impacts on the site or surrounding properties.
(2) 
Public improvements. An applicant that is required to make improvements to public facilities and infrastructure as a condition of project approval shall post a performance guarantee that consists of one of the following:
a. 
The applicant enters a binding agreement with the City such that a building permit shall not be obtained until all public improvements are constructed to the requirements identified on the approved plan. The code enforcement officer or City engineer shall submit a statement in writing to the City manager certifying that all improvements have been completed. The City manager, upon receipt of such certification, may determine that terms of the binding agreement have been satisfied, and that the guarantee should be released, and that a building permit may be granted by the code enforcement officer.
b. 
The applicant shall post an escrow account, performance bond, or irrevocable letter of credit with the City equal to 125% of the cost of constructing all required public improvements. The guarantee shall be posted prior to any construction activities commencing on the site. This guarantee shall not be released and no occupancy permit shall be issued until the code enforcement officer or City engineer submits a statement to the City manager certifying that all improvements have been completed. The City manager, upon receipt of such certification, may determine that the terms of the performance guarantee have been satisfied, and that the guarantee should be released, and an occupancy permit may be granted by the code enforcement officer. The City may expend funds from the escrow account, performance bond, or irrevocable letter of credit upon a written declaration from the code enforcement officer or City engineer that the required improvements have not been satisfactorily completed. The City shall provide the applicant a minimum of 15 days of advance notice in writing prior to any City expenditure of the performance guarantee.
(3) 
Nonpublic improvements. An applicant that is required to make on-site nonpublic improvements as a condition of approval on a use permit shall not be issued an occupancy permit by the code enforcement officer until all nonpublic improvements are constructed to the standards identified on the approved plan. The code enforcement officer may require an applicant to provide a certificate from a civil engineer or to pay the cost of City engineer to certify that all improvements have been constructed to the standards identified on the approved plan.
[Ord. No. 79-2001, 6-5-2001]
The applicant shall identify the owner and developer of the project and who will assume responsibility for the construction, operation and maintenance of all required improvements. The code enforcement officer or planning board shall ensure the proposed ownership has the technical and financial resources to successfully complete and maintain all required project improvements. All proposals to establish a condominium form of ownership to manage the project shall require code enforcement officer or planning board review and approval of the condominium documents.
[Ord. No. 79-2001, 6-5-2001]
The applicant shall provide site improvements, such as but not limited to adequately sized and located parking and curbing, to ensure handicap accessibility. The applicant shall be responsible for identifying and obtaining needed permits and constructing all facilities needed to satisfy state and federal requirements regarding handicap accessibility.
[Ord. No. 79-2001, 6-5-2001]
All loading and off-loading areas and operations shall be located and conducted in such a manner as to protect public safety and to minimize potential adverse impacts on neighboring residences. The following standards shall apply:
(1) 
The loading facility and area shall be located to the side or rear of the main structure and shall not be visible from a main public access road. Further, the applicant shall discourage public/customer use of the area that is devoted to loading facility operations.
(2) 
The loading facility shall be screened from any abutting residential uses and the operation of such facilities shall not cause noise, odors, light, or similar adverse impacts on abutting residential uses. The applicant shall install fencing, landscaping, berming or similar improvements, and shall locate the facility an adequate distance from the abutting property line to minimize the amount of potential adverse impacts. Further, the owner shall control the noise and odors generated by trucks that are using the loading facility.
(3) 
The applicant shall not use any containerized van that is not incorporated into the structure as a method of storing any materials. Further, such vans shall not be kept on a site for a period longer than is necessary to load or unload the containerized van.
[Ord. No. 79-2001, 6-5-2001]
A new structure that is constructed after August 19, 2001, that incorporates the use of a drive-through window in the structure shall comply with subsections (1)-(4). A structure that existed on or before August 19, 2001, that had a drive-through window that does not comply with subsections (1)-(3), shall not be required to comply with said standards, and the drive-through area and structure may be expanded, subject to other provisions of City ordinances. Such structures and any proposed expansion, however, shall comply with the requirements of subsection (4).
(1) 
A drive-through window (including the order window, board or area and the pick-up window) and service window shall not be located on the side of the building that faces the main public access road or an internal service road.
(2) 
A drive-through window (including the order window, board or area and the pick-up window) and service window shall not be located to the front of the building, and shall be located to the side or rear of the building.
(3) 
The queueing lane for a drive-through window or service window shall be separated from the remainder of the site and the parking area by a raised island that is a minimum of eight feet in width and which is attractively planted to create a visual buffer.
(4) 
The level of noise generated from a service window or order station shall not cause an adverse impact on any abutting residential property.
[Ord. No. 79-2001, 6-5-2001]
A new structure that is constructed after August 19, 2001, that incorporates the use of a canopy as an element of the new structure, shall locate said canopy to the side or rear of the main structure, and the canopy shall be incorporated into the design of the structure, unless there is no practical alternative. The applicant shall be required to provide an analysis to the code enforcement officer or planning board that identifies potential structure and canopy locations and how internal traffic circulation would occur based on the identified alternative locations. The code enforcement officer or planning board shall be responsible for determining if there is no practical alternative to locating the canopy to the front of the main structure.
This standard, section 102-1275, shall not apply to structures that had a canopy as an element of the existing structure that existed on or before August 19, 2001. These structures and the associated canopy may be expanded subject to provisions of City ordinances.
[Ord. No. 79-2001, 6-5-2001]
(a) 
The City has identified the preservation of public views of the water from Searsport Avenue (Route One) as an important public value. The City shall require an applicant that proposes the construction of a new nonresidential structure or the expansion of a nonresidential structure that existed on or before August 19, 2001, to identify any public views of the water from Searsport Avenue that exist at the time of the application for a use permit, and how the public view, if any, would be impacted by the proposed structure. The planning board shall use this view assessment and other information that may be provided regarding the public view of the water from Searsport Avenue to decide if there is a public view that warrants preservation, and if the City should apply flexibility in the application of certain standards established by this chapter to achieve the preservation of this view.
(b) 
To assist the City in accomplishing the preservation of public views of the water along Searsport Avenue, the City authorizes the planning board to exercise flexibility regarding the following standards that apply to the Searsport Avenue Waterfront District. The planning board may use one or more of these options to assist in the preservation of a public view.
(1) 
Allow a maximum of 100% of the on-site parking to be located to the front of the main structure, provided all new parking is located a minimum of 30 feet from Searsport Avenue or no closer to Searsport Avenue than the parking that existed on the site at the time that the use permit application was submitted. The standard allows flexibility in the provisions stipulated in section 102-1251. The purpose of this flexible standard is to enable a building to be located at a lower elevation on the property so that a public view can occur over the top of the building.
(2) 
Allow an increase in the amount of lot coverage permitted in the Searsport Avenue Waterfront District to a maximum of 50%, provided that the structure is constructed in such a manner as to allow public views of the water to occur over the top of the building. This standard allows flexibility in the provisions stipulated in section 102-565(g). The purpose of the increase in the maximum amount of permitted lot coverage is to allow the construction of lesser height buildings on a larger footprint than now permitted so that a public view can occur over the top of the building.
(3) 
Allow a decrease in the amount of front setback and front buffer yard for a structure to no less than 30 feet, provided that this reduction results in helping to preserve a public view of the water. This standard allows flexibility in the provisions stipulated in section 102-565(c)(3) and section 102-1243, and section 102-1276. The intent is to allow a decrease in the amount of front setback and front buffer yard so as to help preserve a view corridor elsewhere on the site.
(4) 
Allow a decrease in the amount of side setback and side buffer yard for a structure to no less than eight feet, provided that this reduction results in helping to preserve a public view of the water. This standard allows flexibility in the provisions stipulated in section 102-565(c)(3) and section 102-1244, and 102-1247. The intent is to allow a decrease in the amount of side setback and side buffer yard so as to help preserve a view corridor elsewhere on the site.
(5) 
Allow a decrease in the amount of rear setback and rear buffer yard for a structure to no less than eight feet, provided that this reduction results in helping to preserve a public view of the water. This standard allows flexibility in the provisions stipulated in section 102-565(c)(3) and section 102-1245, and 102-1248. The intent is to allow a decrease in the amount of rear setback and rear buffer yard so as to help preserve a view corridor elsewhere on the site.
(6) 
Allow a reduction in the size, number or species of plantings stipulated for the front, side, or rear buffer yard or parking area landscaping, provided that the landscaping that is installed complements the site and decreases the amount of visual interference that could occur by compliance with the landscaping requirements. This standard allows flexibility in the provisions stipulated in sections 102-1246, 102-1247, 102-1248, 102-1249 and 102-1252.
[Ord. No. 79-2001, 6-5-2001]
The five zoning districts to which these performance standards apply establish restrictions on the maximum size of a single retail store (use), a structure in which a retail store (use) or stores (uses) are located, and the size of a shopping center. The City recognizes that on August 19, 2001, that there may be one or more such uses or structures that do not conform to the standards regarding the maximum size of a structure. A use or structure that existed on or before August 19, 2001, that does not satisfy one or more of the maximum size standards identified in the following sections 102-781(1), 102-781(4), 102-787(1), 102-787(4), 102-793(1), 102-793(4), 102-799(1), 102-799(2), 102-799(6), 102-799(7), 102-562(1), and 102-562(2), may expand by a maximum of 25% over the lifetime of the use or the structure. The applicant shall comply, to the greatest extent practical as determined by the planning board, with all other performance standards of this division in constructing the expansion.