City of Augusta, ME
Kennebec County
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Table of Contents
Table of Contents
[Amended 5-6-1996 by Ord. No. 283; 8-4-2003 by Ord. No. 86; 9-3-2009 by Ord. No. 107]
A. 
Purpose. Buffers are plantings, berms, and/or walls, fences or natural features that are used to separate conflicting land uses, districts, or activities from one another. They should be used to:
(1) 
Create attractive visual settings designed to break up or interrupt building lines, accent buildings and scale down larger architectural elements; surround and frame signs; and substantially obscure headlights and other glare caused by vehicles, windows, outdoor lighting, or other modifications of the landscape.
(2) 
Reduce the impact of noise and mask its source.
(3) 
Reduce air pollution, wind, dust, dirt, and litter and contribute to healthy air and water quality.
(4) 
Help prevent undesirable access to dangerous areas.
(5) 
Direct the eye to more attractive views in keeping with the planned character of the City.
B. 
General standards.
(1) 
Unless otherwise stated, the buffer yard requirements shall apply:
(a) 
At perimeter property lines of subdivisions, business and industrial parks and planned developments in PD, PD2, IA and specified rural zones.
(b) 
At or beyond the perimeter of developed areas associated with single developments where such single developments are not associated with a subdivision, business or industrial park or planned development in PD, PD2, IA and specified rural zones. Where no land use exists within 200 feet of rear of the developed area, no buffer is required along the rear perimeter of the developed area, and the sideline buffers need not extend beyond the limits of the developed area.
(c) 
Along arterial and collector roadways in the Rural, Industrial and Planned Development Districts.
(d) 
At the perimeter of parking lots serving more than six vehicles, in all Urban Area Districts.
(e) 
In the Urban Growth Area, at the boundaries of new nonresidential developments proposed adjacent to Residential District boundary lines.
(f) 
In the Urban Growth Area, encompassing all nonresidential outside storage areas, loading docks, garbage collection areas, on-ground electrical transformer stations, service areas and similar facilities.
(2) 
Natural features shall be maintained wherever possible to meet buffer requirements. When natural features such as topography, gullies, stands of trees, shrubbery or rock outcrops do not exist or are insufficient to provide an effective buffer, landscaped buffers shall be created. Indigenous plantings shall be used whenever possible; landscape plans shall strive for a "natural" look.
(3) 
Although this chapter does not prohibit landscaping within a road or street right-of-way, no part of the right-of-way shall be used to satisfy the buffer yard requirement.
(4) 
Buffer yard plant materials, fencing and maintenance.
(a) 
Purpose. The purpose of the following standards is to protect the public welfare by assuring that:
[1] 
Plant materials are appropriate to Maine climatic conditions and the functions of the areas in which they are used;
[2] 
Plant materials are of a size and condition that will allow them to establish themselves, mature, and survive in a healthy and attractive manner;
[3] 
Landscaping elements and the areas in which they are established are maintained in a clean, healthy, and attractive condition; and
[4] 
Landscaping is not placed in a such a way as to pose a safety hazard.
Commentary: Landscaping elements include natural features, plant materials, berms, walls, fences, furniture, waste receptacles and other features planned in buffer and open space areas. The following are guidelines for use in planning the kinds of plant material that will be used in landscaping*: (*Guidelines adapted from the South Portland Zoning Ordinances, Waterfront District Landscape Standards, prepared by Mitchell-Dewan and Associates.)
Canopy trees. Canopy trees are 35 feet and taller at maturity and have the greatest overall impact on a site because of their role in shaping the physical and psychological character of the environment. Research on urban/suburban areas in New England has shown that people find such environments more visually attractive when there is tree cover which softens the form of buildings and blends or hides them within the landscape [Palmer, James (1984). Neighborhoods as stands in the urban forest. Urban Ecology 8:223-236]. Canopy trees are most effective in creating the identity and character of an area, especially when used in masses. They define large spaces and create an overhead plane which provides shade in the hotter months of the year. They can also direct wind currents and allow sun to penetrate in the winter.
Evergreen trees. Evergreen trees are 35 feet and taller at maturity. They can provide year-round interest to the landscape with their dominant forms and color. They are often used to create a backdrop for flowering trees and shrubs, screen or direct views, act as windbreaks, and define major spatial elements. Where evergreen trees are installed in buffers, the installed heights should vary at a minimum from four to 12 feet to add greater variety and landscape interest.
Understory trees. Understory trees are 10 to 35 feet at maturity and provide an eye-level feature that helps to scale down larger architectural and landscape elements. They can define and emphasize minor spaces, provide a variety of form, color, and scent to enrich the landscape, and act as accents, major focuses or specimen plantings.
Shrub plantings. Shrub plantings are described in three categories. Evergreen shrubs, low shrubs with a mature height of two to five feet and intermediate shrubs with a mature height of three to 10 feet. Shrub plantings play a variety of roles with their lower scale and breadth on the ground level. They are often used to form an effective physical barrier and enclose space when allowed to grow above chest height. Shrubs help give a sense of direction when waist high and act as psychological barriers when they are ankle and knee high. One of their key functions when used as foundation plantings is to give a building a sense of scale and tie it to the ground plane. When used in masses or drifts they can become a unifying element for the diverse features that occur at the ground level and establish a sense of balance. Used with care and forethought, they can add a great deal of seasonal interest and color to the landscape.
Miscellaneous plantings. Include ground covers, vines, perennials, annuals, bulbs, and other herbaceous material. Many large-scale developments concentrate on plant material in the first four categories. However, the plants in this category can be used effectively to add seasonal color, soften hard edges, and form patterns on the ground plane. While they are often a high-maintenance item, a judicial application of this type of plant material can greatly add to the humanizing of a site.
(b) 
Standards.
[1] 
Unless specifically indicated by the Planning Board or City staff, all plant material required by this chapter shall meet the following minimum size standards at time of installation. The sizes shall be measured at dbh (diameter at breast height).
[a] 
Ground covers: two-year-old plants.
[b] 
Evergreen shrubs: eighteen-inch height or spread.
[c] 
Low shrub: 18 inches.
[d] 
Intermediate shrubs: 24 inches.
[e] 
Understory trees: one-and-three-fourths- to two-inch caliper.
[f] 
Canopy trees: two- to two-and-one-half-inch caliper.
[g] 
Evergreen trees: four- to five-and-one-half-foot height.
[2] 
Plant materials shall be selected for appearance, durability, and tolerance to salt and air pollution; native trees and shrubs shall be planted whenever possible. All plantings required under this section shall be of a type and species appropriate for the soil types and climatic conditions in Augusta.
[3] 
Pools, sculptures, benches, and walkways may be used to complement plant materials. In cases where an existing traditional stone wall exists, it should be conserved or rebuilt in another location.
[4] 
Where buffers are not required, all disturbed areas not to be used as parking or building footprint shall be planted to lawn as a minimum requirement.
[5] 
A maximum maintainable slope of 3:1 shall be established for both the front and back of berms. Where room permits, a flattop area, four feet in width, should be provided.
[6] 
Fencing. Fencing materials should complement the architectural style of the buildings of the lot upon which they are erected. Fences should not be used in locations which will obscure views of the water from public roads.
[7] 
All plantings and buffer yards shall be maintained in a good and healthy condition. The Maine Erosion and Sedimentation Control Handbook for Construction Vegetative Measures developed by the Maine DEP shall be used as a guide. A copy of the above-named chapter is available in the City of Augusta Department of City Services. Fencing and berms shall be durable and properly maintained at all times by the owner. All landscaping elements shall be so located in respect to property boundaries to allow access for maintenance on both sides without intruding upon abutting properties.
[8] 
Implementation of buffer planting/construction shall be as follows: On a buffer area basis, 50% of the buffers shall be implemented within six months of occupancy/use of the approved development. The remaining 50% of the required buffer shall be implemented within 18 months from the date of occupancy unless an extension is granted by the Board or Code Officer. One six-month extension may be granted for good cause.
C. 
Buffers between different uses.
(1) 
Table 300-502-A shall be used in determining which buffer yard requirement is applicable.
Table 300-502-A: Minimum Buffer Yard Requirements
[Amended 5-1-2014 by Ord. No. 14-077; 12-4-2014 by Ord. No. 14-202]
(a) 
Buffer yard requirements outside the urban area.
Abutting Land Use in RRES/RPDS/RR/RV/PD/PD2/IA Zones
Proposed Land Use in RRES, RPDS, RR, RV, PD, IA Zones
Residential
Business Professional, Commercial (Trade), Service and Institutional, Light and Heavy Industry
Residential
Not required
Business professional
B
Commercial (trade), service and institutional
C
A
Light and heavy industry
D
All nonresidential uses
Where no structural land use exists within 200 feet of the property line of the project, no buffer yard shall be required
(b) 
Buffer yard requirements in the urban area (RA, RBI, RB2, BP, KBD1, KL, RBV, CB, CC, CD Zones). All nonresidential uses permitted in the Urban Area zoning districts and proposed to abut a Residential Zoning District line shall use Buffer Yard A along the boundary abutting the Residential Zoning District line.
(2) 
Table 300-502-B shall be used in determining the specific buffer yard width and landscaping requirements along perimeter property lines of business or industrial parks or along perimeter property lines for single developments not associated with a subdivision, park or planned development.
(a) 
General. Plantings within each one-hundred-foot section shall be distributed throughout the section and shall be arranged to create an attractive site that effectively buffers the proposed structure or use from adjacent land uses.
(b) 
Flexibility in buffering requirements. To accommodate circumstances where the required buffering may not fit site conditions, an applicant may submit an alternative plan for buffer areas, provided that, to the maximum extent possible, an equal or greater amount of buffer area is provided than would otherwise be required. Alternative buffer plans shall be approved, provided the applicant demonstrates that site conditions, including special project design features, topographic features, physical constraints imposed by existing or adjacent development, and/or existing natural or vegetative features, prevent the placement of buffers as otherwise required by these regulations, and provided that the alternative buffer plan conforms to the maximum extent possible to the buffer requirements of these regulations.
(c) 
The following are guidelines applicable to making decisions about buffers:
[1] 
High-intensity uses of any type. In general, projects having high-intensity characteristics should provide a wider and thicker buffer where they abut residences or residential district lines. Fencing or berms may also be necessary for sites where vegetation will take longer to establish an effective screen, topographic conditions dictate, or the applicant wishes to maintain or establish less vegetative cover.
[2] 
Industrial uses abutting commercial, residential, business and professional or institutional uses. A buffer along perimeter property lines between an industrial project and a residential property should use predominantly evergreen plantings with some deciduous material to provide a high degree of opacity in screening the potential visual impacts. The buffer should break up a substantial amount of the industrial form, texture and building mass or activity. Where industrial uses abut other nonresidential uses, the buffer should provide a transition space between activities and may be used to provide open space amenities for employees and visitors.
[3] 
Commercial uses abutting residential, business and professional, and institutional uses. In rural, industrial and planned development zones, the intent is to fully screen commercial uses from view of abutting residential uses, so predominantly evergreen plantings may be necessary if natural vegetation is not available. Where commercial uses abut business, professional and institutional uses in rural, industrial and planned development zones, buffers should provide transition spaces between and may be used to provide open space amenities for employees and visitors.
Table 300-502-B: Buffer Yard Tables A through E
Minimum Number of Plant Types per 100 feet
Buffer Yard
Width
Canopy and Evergreen Trees
Understory Trees
Deciduous Shrubs
Evergreen Shrubs
A
15
2
4
6
0
B
20
3
6
9
0
C
25
5
4
15
6
D
45
6
9
36
18
E
25
5
7
30
15
NOTES:
Allowed reduction in buffer width. Fences, rock walls, or berms used along the length of the required buffer area shall be considered equivalent to five feet in buffer width.
For every five feet increase in buffer width, the minimum number of plant types per 100 feet may be reduced by 10%. (Fractions shall be rounded to the nearest whole number.)
(3) 
Buffers along arterial and collector roads in rural, industrial and planned development zones.
(a) 
All areas located within the required minimum setback from the public rights-of-way of collector and arterial roads in the Rural Zones shall be used as buffer areas.
(b) 
Within these buffer areas, the planting multipliers listed for Buffer Yard E shall be required for commercial, industrial, institutional uses and residential subdivisions.
(c) 
All areas located within the required minimum setback from the public rights-of-way of collector and arterial roads in the Industrial and Planned Development Zones shall be used as buffer areas. Within these buffer areas, the planting multipliers listed in Buffer Yard C shall be required for commercial, industrial, institutional uses and residential subdivisions. The landscaped buffer yard shall create an attractive setting drawing attention to the landscaped area while minimizing the visual impact created by rooflines, parking lots or other aspects of the use as viewed from the collector and arterial roads.
(d) 
The minimum road setbacks are outlined in § 300-515.
(4) 
Buffers separating nonresidential structures or uses and residential district lines. In the PD, PD2, IA and Rural Districts, no nonresidential structure shall be erected or permitted abutting a residential or rural district line unless a setback of at least 75 feet is provided and maintained. This standard shall also apply where a nonarterial or noncollector road exists as the boundary between a proposed nonresidential use and a residential or rural district boundary; Buffer Yard D shall be used.
(5) 
In Urban Area Districts, nonresidential accessory uses and minor municipal or public utilities and communications facilities. All outside storage areas, loading docks, garbage collection areas, on-ground electrical transformer stations, service areas, and similar facilities shall be substantially obscured from public view. Walls, fencing, densely planted vegetation or a combination of material can be used to achieve this intent.
(6) 
Watershed protection buffers. [See § 300-315.3, Rural Ponds District (RPDS), and § 300-514B(3), Phosphorous control standards.]
(7) 
Buffering of parking lots serving six or more vehicles. Parking lots serving six or more vehicles shall be buffered according to the following provisions. Buffering shall be designed to accommodate attractive and safe pedestrian circulation patterns and allow required site distances at driveway intersections and good visibility of oncoming pedestrians and vehicles throughout the parking area.
(a) 
Perimeter buffering. Parking lots shall be buffered adjacent to other uses and rights-of-way with trees, shrubs, fencing and earth berming to avoid the impact of glare, headlights, parking lot lights, noise and dust and protect and enhance visual character as follows:
[1] 
Urban Districts, Industrial, Planned Development and Planned Development 2 Districts: use Buffer Yard A.
[2] 
Rural Districts: use Buffer Yard D.
Commentary: In urban areas, the intent is to create attractive settings for parking lots, where the landscaped area rather than parked vehicles draws the viewer's attention. This will enhance quality of life in Augusta and help people feel good about living and working in the urban portion of the City, thereby maintaining or improving the viability and economic diversity of residential and commercial areas. Similar to the urban areas, the intent in the Industrial, Planned Development and Planned Development 2 areas is to create attractive settings for parking lots that draw attention to the landscaped areas or structures rather than the parked vehicles and to provide a transition between the urban and rural areas. The intent of the Rural District is to fully screen parking areas from view, especially along arterial and collector roadways, so as to maintain the character of the area as rural and sparsely developed. "Fully" means within a reasonable time for landscaping materials to reach maturity, depending upon the species that exist or are proposed. Structures, berms, hedges, walls or fences may sometimes be required to accomplish this.
(b) 
Buffering within large parking areas serving more than 70 vehicles. Buffering shall be provided within parking areas serving more than 70 vehicles to provide visual and climatic relief from broad expanses of pavement and to channelize and separate areas for pedestrian and vehicular circulation.
[1] 
Large parking areas shall be subdivided into smaller parking cells of up to 70 vehicles contained within a planting buffer. No aisle within a planting cell may be longer than 300 feet.
Commentary: The Institute of Traffic Engineers recommends that aisle lengths be limited to 300 to 350 feet to aid motorists in finding a space when the lot approaches capacity and help eliminate high speeds in the aisles. Based upon a nine-foot stall width, this means that between 33 and 38 cars could be accommodated on each side of an island. This estimate was used to calculate the seventy-car limitation on the number of vehicles in any given section. The Advisory Committee compared this requirement with two lots in Augusta considered to be well designed, those at CMP and City Center. The average size of a section for the two facilities is about 66 cars, with a range from 23 to 176 cars, excluding the smaller lots adjacent to the CMP building. If the lot designed for 176 cars is excluded, the average section size is about 42 cars.
[2] 
Planting strips between parking cells of up to 70 vehicles shall be located so as to demarcate the ends of parking rows, avoiding long rows of parked cars, and to channel pedestrian circulation. Planting strips should be a minimum of 10 feet in width to accommodate canopy and/or understory trees. Planting strips should be edged with a six-inch continuous vertical curb or wheel stop to prevent vehicles from overhanging into the planting area, and designed to allow efficient snow removal. Where feasible, planting strips shall be oriented at right angles to the main entrance of the principal building or use in order to maximize pedestrian safety and convenience.
[3] 
Buffer Yard A shall be planted in buffered areas. The location of plantings shall be designed to accommodate snowplowing and storage without damage to plant materials.
(8) 
Buffering of parking garages. At a minimum, Buffer Yard A shall be planted to its full width along 50% of the primary public street frontage of the garage (minus any reductions allowed in Table 300-502-B). And where physically practical for the final garage design, Buffer Yard A plantings shall be planted along the remaining garage perimeter as determined by the Planning Board, in consultation with the City Forester/Arborist.
A. 
Except as provided in 35-A M.R.S.A. § 2503, and except within the area bounded by Commercial Street on the west, Winthrop Street on the south, Water Street on the east and Bridge Street on the north, no obstruction to visibility shall be placed, erected or planted within 20 feet of the corner of a lot at the intersection of two streets. Section 2503, Title 35-A, provides for the placement of utilities in the right-of-way.
B. 
Vegetation may be planted and/or maintained in this area so long as it is maintained at three feet or less.
See City of Augusta Solid Waste Disposal Rules.
See City of Augusta Technical Standards Handbook.
[Amended 4-20-2017 by Ord. No. 17-069]
A. 
In areas of steep slopes (as defined), the following standards shall apply:
(1) 
Any application to construct a principal structure on slopes greater than 15% shall be accompanied by an engineered site plan, building plan and a landscape plan developed by a qualified licensed professional, such as, but not limited to, an engineer, architect, or landscape architect. Along with requirements for a site plan outlined in Part 6 of this chapter, the application shall include information on soil type and existing vegetative cover. Such building permit shall not be issued without Planning Board approval.
(2) 
All development on slopes covered by these standards shall comply with the applicable standards outlined in § 300-514B, Water quality.
(3) 
See the overlay standards in § 300-529, Capitol View District.
(4) 
See the special shoreland standards outlined in § 300-528J(3) and O for additional requirements applicable in shoreland overlay districts.
B. 
Water resources. See § 300-514, Air and water quality standards.
Except in the Shoreland Districts (see § 300-528), individual lots may be created which have less than the minimum required street frontage in accordance with the following standards:
A. 
Any such lot which is included within a subdivision plan may be allowed by the Planning Board, provided the lot meets all of the requirements of Subsections C through G below.
B. 
Any such lot which is not part of an approved subdivision plan may be allowed by the Code Enforcement Officer, provided that the lot meets all of the requirements of Subsections C through G below.
C. 
The area of each flag lot, exclusive of the access strip, shall be no less than the minimum lot area normally required for that district.
D. 
Each lot shall have an access strip with a minimum street frontage of 40 feet and a minimum width of 40 feet at all points between the street and the principal building.
E. 
The width of the lot where the principal building is to be constructed shall equal or exceed the distance normally required for lot frontage in that district.
F. 
There shall be no more than two flag lot access strips adjacent to each other at the street line. In all instances where two flag lots, created from a single parcel, have their strips adjacent to each other at the street line, access to the lots shall be provided only by a single common driveway, with a minimum travel width of 16 feet.
G. 
There shall be no more than two flag lots created from any land identified, according to the records of the Assessor's office, as a single parcel of land as of the effective date of this section, unless such flag lots are proposed and approved as part of a subdivision plan.
[Amended 6-20-1994 by Ord. No. 546; 6-16-2011 by Ord. No. 11-71]
A. 
Purpose and establishment.
(1) 
Certain areas of the City of Augusta, Maine, are subject to periodic flooding, causing serious damages to properties within these areas. Relief is available in the form of flood insurance as authorized by the National Flood Insurance Act of 1968. Therefore, the City of Augusta, Maine, has chosen to become a participating community in the National Flood Insurance Program and agrees to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended), as delineated in this section. It is the intent of the City of Augusta, Maine, to require the recognition and evaluation of flood hazards in all official actions relating to land use in the floodplain areas having special flood hazards.
(2) 
The City of Augusta has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to 30-A M.R.S.A. §§ 3001 to 3007, 4352 and 4401 to 4407 and 38 M.R.S.A. § 440. The National Flood Insurance Program, established in the aforesaid Act, provides that areas of the City of Augusta having a special flood hazard be identified by the Federal Emergency Management Agency and that floodplain management measures be applied in such flood hazard areas. This chapter establishes a flood hazard development permit system and review procedure for development activities in the designated flood hazard areas of the City of Augusta, Maine.
(3) 
The areas of special flood hazard, Zones A and AE for the City of Augusta, Kennebec County, Maine, identified by the Federal Emergency Management Agency in a report entitled "Flood Insurance Study - Kennebec County," dated June 16, 2011, with accompanying "Flood Insurance Rate Map," dated June 16, 2011, with panels 339, 343, 344, 365, 502, 504, 506, 507, 508, 509, 512, 516, 517, 526, 527, 528, 529, 531, 532, 533, 534, 536, 537, 539, 541, 542, 543, 544, derived from the county-wide Digital Flood Insurance Rate Map entitled "Digital Flood Insurance Rate Map, Kennebec County," are hereby adopted by reference and declared to be a part of this chapter, with an effective date of June 16, 2011.
B. 
Permit required. Before any construction or other development (as defined), including the placement of manufactured homes, begins within any areas of special flood hazard established in Subsection A of this section, a flood hazard development permit shall be obtained from the Code Enforcement Officer. This permit shall be in addition to any other permits which may be required pursuant to the codes and ordinances of the City of Augusta, Maine.
C. 
Application for permit. The application for a flood hazard development permit shall be submitted to the Code Enforcement Officer and shall include:
(1) 
The name, address and phone number of the applicant, owner, and contractor;
(2) 
An address and a map indicating the location of the construction site;
(3) 
A site plan showing location of existing and/or proposed development, including but not limited to structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, and lot dimensions;
(4) 
A statement of the intended use of the structure and/or development;
(5) 
A statement of the cost of the development, including all materials and labor;
(6) 
A statement as to the type of sewage system proposed;
(7) 
Specification of dimensions of the proposed structure and/or development;
NOTE: Subsections C(8) to (11)(b) apply only to new floodplain construction and substantial improvements.
(8) 
The elevation in relation to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or to a locally established datum in Zone A only, of the:
(a) 
Base flood at the proposed site of all new or substantially improved structures, which is determined:
[1] 
In Zones AE, from data contained in the "Flood Insurance Study-Kennebec County," as described in Subsection A of this section; or
[2] 
In Zone A:
[a] 
From any base flood elevation data from federal, state, or other technical sources (such as FEMA's Quick-2 model, FEMA 265/July 1995), including information obtained pursuant to Subsections E(11) and G(4);
[b] 
From the contour elevation extrapolated from a best fit analysis of the floodplain boundary when overlaid onto a USGS Quadrangle Map or other topographic map prepared by a professional land surveyor or registered professional engineer, if the floodplain boundary has a significant correlation to the elevation contour line(s) or in the absence of all other data;
[c] 
To be the elevation of the ground at the intersection of the floodplain boundary and a line perpendicular to the shoreline which passes along the ground through the site of the proposed building;
(b) 
Highest and lowest grades at the site adjacent to the walls of the proposed building;
(c) 
Lowest floor, including basement, and whether or not such structures contain a basement; and
(d) 
Level, in the case of nonresidential structures only, to which the structure will be floodproofed;
(9) 
A description of an elevation reference point established on the site of all developments for which elevation standards apply as required in Subsection E of this section;
(10) 
A written certification by a professional land surveyor, registered professional engineer or architect, that the base flood elevation and grade elevations shown on the application are accurate;
(11) 
The following certifications as required in Subsection E of this section by a registered professional engineer or architect:
(a) 
A floodproofing certificate (FEMA Form 81-65, 03/09, as amended), to verify that the floodproofing methods for any nonresidential structures will meet the floodproofing criteria of Subsections C(8)(d), E(7) and other applicable standards in Subsection E of this section;
(b) 
A hydraulic openings certificate to verify that engineered hydraulic openings in foundation walls will meet the standards of Subsection E(12)(b)[1] of this section;
(c) 
A certified statement that bridges will meet the standards of Subsection E(13) of this section;
(d) 
A certified statement that containment walls will meet the standards of Subsection E(14) of this section;
(12) 
A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; and
(13) 
A statement of construction plans describing in detail how each applicable development standard in Subsection E of this section will be met.
D. 
Review standards for flood hazard development permit applications. The Code Enforcement Officer shall:
(1) 
Review all applications for the flood hazard development permit to assure that proposed developments are reasonably safe from flooding and to determine that all pertinent requirements of Subsection E, Development standards, of this section have been or will be met.
(2) 
Utilize, in the review of all flood hazard development permit applications:
(a) 
The base flood and floodway data contained in the "Flood Insurance Study - Kennebec County, Maine," as described in Subsection A of this section;
(b) 
In special flood hazard areas where base flood elevation and floodway data are not provided, the Code Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data from federal, state, or other technical sources, including information obtained pursuant to Subsections C(8)(a)[2], E(11) and G(4) of this section, in order to administer Subsection E of this section; and
(c) 
When the community establishes a base flood elevation in a Zone A by methods outlined in Subsection C(8)(a)[2] of this section, the community shall submit that data to the Maine Floodplain Management Program in the State Planning Office.
(3) 
Make interpretations of the location of boundaries of special flood hazard areas shown on the maps described in Subsection A of this section.
(4) 
In the review of flood hazard development permit applications, determine that all necessary permits have been obtained from those federal, state, and local government agencies from which prior approval is required by federal or state law, including but not limited to Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1344.
(5) 
Notify adjacent municipalities, the Department of Environmental Protection, and the Maine Floodplain Management Program in the State Planning Office prior to any alteration or relocation of a watercourse and submit copies of such notifications to the Federal Emergency Management Agency.
(6) 
If the application satisfies the requirements of this chapter, approve the issuance of one of the following flood hazard development permits based on the type of development:
(a) 
A two-part flood hazard development permit for elevated structures. Part I shall authorize the applicant to build a structure to and including the first horizontal floor only above the base flood level. At that time, the applicant shall provide the Code Enforcement Officer with an elevation certificate completed by a professional land surveyor, registered professional engineer or architect based on the Part I permit construction, as built, for verifying compliance with the elevation requirements of Subsection E(6), (7) or (8) of this section. Following review of the elevation certificate data, which shall take place within 72 hours of receipt of the application, the Code Enforcement Officer shall issue Part II of the flood hazard development permit. Part II shall authorize the applicant to complete the construction project; or
(b) 
A flood hazard development permit for floodproofing of nonresidential structures that are new floodplain construction or substantially improved nonresidential structures that are not being elevated but that meet the floodproofing standards of Subsection E(7)(a)[1], [2] and [3] of this section. The application for this permit shall include a floodproofing certificate signed by a registered professional engineer or architect; or
(c) 
A flood hazard development permit for minor floodplain development for all development that is not new floodplain construction or a substantial improvement, such as repairs, maintenance, renovations, or additions, whose value is less than 50% of the market value of the structure. Minor floodplain development also includes but is not limited to accessory structures as provided for in Subsection E(10) of this section, mining, dredging, filling, grading, paving, excavation, drilling operations, storage of equipment or materials, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities that do not involve structures and nonstructural projects such as bridges, dams, towers, fencing, pipelines, wharves and piers.
(7) 
Maintain, as a permanent record, copies of all flood hazard development permit applications, corresponding permits issued, and data relevant thereto, including reports of the Board of Appeals on variances granted under the provisions of § 300-606C of this chapter, and copies of elevation certificates, floodproofing certificates, certificates of compliance and certifications of design standards required under the provisions of Subsections C, E and F of this section.
E. 
Development standards. All developments in areas of special flood hazard shall meet the following applicable standards:
(1) 
All development. All development shall:
(a) 
Be designed or modified and adequately anchored to prevent flotation (excluding piers and docks), collapse or lateral movement of the development resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(b) 
Use construction materials that are resistant to flood damage;
(c) 
Use construction methods and practices that will minimize flood damage; and
(d) 
Use electrical, heating, ventilation, plumbing, and air-conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during flooding conditions.
(2) 
Water supply. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems.
(3) 
Sanitary sewage systems. All new and replacement sanitary sewage systems shall be designed and located to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into floodwaters.
(4) 
On-site waste disposal systems. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during floods.
(5) 
Watercourse carrying capacity. All development associated with altered or relocated portions of a watercourse shall be constructed and maintained in such a manner that no reduction occurs in the flood-carrying capacity of the watercourse.
(6) 
Residential. New floodplain construction or substantial improvement of any residential structure located within:
(a) 
Zones AE shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation.
(b) 
Zone A shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation utilizing information obtained pursuant to Subsection C(8)(a)[2], D(2) or G(4) of this section.
(7) 
Nonresidential. New floodplain construction or substantial improvement of any nonresidential structure located within:
(a) 
Zones AE shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation, or, together with attendant utility and sanitary facilities, shall:
[1] 
Be floodproofed to at least one foot above the base flood elevation so that below that elevation the structure is watertight with walls substantially impermeable to the passage of water;
[2] 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and
[3] 
Be certified by a registered professional engineer or architect that the floodproofing design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this section. Such certification shall be provided with the application for a flood hazard development permit, as required by Subsection C(11) of this section, and shall include a record of the elevation above mean sea level to which the structure is floodproofed.
(b) 
Zone A shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation utilizing information obtained pursuant to Subsection C(8)(a)[2], D(2) or G(4) of this section, or, together with attendant utility and sanitary facilities, meet the floodproofing standards of Subsection E(7)(a) of this section.
(8) 
Manufactured homes. New or substantially improved manufactured homes located within:
(a) 
Zones AE shall:
[1] 
Be elevated such that the lowest floor (including basement) of the manufactured home is at least one foot above the base flood elevation;
[2] 
Be on a permanent foundation, which may be poured masonry slab or foundation walls, with hydraulic openings, or may be reinforced piers or block supports, any of which support the manufactured home so that no weight is supported by its wheels and axles; and
[3] 
Be securely anchored to an adequately anchored foundation system to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to:
[a] 
Over-the-top ties anchored to the ground at the four corners of the manufactured home, plus two additional ties per side at intermediate points (manufactured homes less than 50 feet long require one additional tie per side); or by
[b] 
Frame ties at each corner of the home, plus five additional ties along each side at intermediate points (manufactured homes less than 50 feet long require four additional ties per side).
[c] 
All components of the anchoring system described in Subsection E(8)(a)[3][a] and [b] of this section shall be capable of carrying a force of 4,800 pounds.
(b) 
Zone A shall:
[1] 
Be elevated on a permanent foundation, as described in Subsection E(8)(a)[2] of this section, such that the lowest floor (including basement) of the manufactured home is at least one foot above the base flood elevation utilizing information obtained pursuant to Subsection C(8)(a)[2], D(2) or G(4) of this section; and
[2] 
Meet the anchoring requirements of Subsection E(8)(a)[3] of this section.
(9) 
Recreational vehicles. Recreational vehicles located within:
(a) 
Zones A and AE shall either:
[1] 
Be on the site for fewer than 180 consecutive days;
[2] 
Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions; or
[3] 
Be permitted in accordance with the elevation and anchoring requirements for manufactured homes in Subsection E(8)(a) of this section.
(10) 
Accessory structures. Accessory structures, as defined in § 300-202, located within Zones AE and A, shall be exempt from the elevation criteria required in Subsection E(6) and (7) above, if all other requirements of Subsection E and all the following requirements are met. Accessory structures shall:
(a) 
Be 500 square feet or less and have a value less than $3,000;
(b) 
Have unfinished interiors and not be used for human habitation;
(c) 
Have hydraulic openings, as specified in Subsection E(12)(b) of this section, in at least two different walls of the accessory structure;
(d) 
Be located outside the floodway;
(e) 
When possible, be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters and be placed further from the source of flooding than is the primary structure; and
(f) 
Have only ground fault interrupt electrical outlets. The electric service disconnect shall be located above the base flood elevation and when possible outside the special flood hazard area.
(11) 
Floodways.
(a) 
In Zones AE riverine areas, encroachments, including fill, new floodplain construction, substantial improvement, and other development shall not be permitted within a regulatory floodway which is designated on the community's Digital Flood Insurance Rate Map, Kennebec County, unless a technical evaluation certified by a registered professional engineer is provided demonstrating that such encroachments will not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(b) 
In Zones AE and A riverine areas for which no regulatory floodway is designated, encroachments, including fill, new floodplain construction, substantial improvement, and other development shall not be permitted in the floodway as determined in Subsection E(11)(c) of this section, unless a technical evaluation certified by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing development and anticipated development:
[1] 
Will not increase the water surface elevation of the base flood more than one foot at any point within the community; and
[2] 
Is consistent with the technical criteria contained in Chapter 5, entitled "Hydraulic Analyses," Flood Insurance Study - Guidelines and Specifications for Study Contractors (FEMA 37/January 1995, as amended).
(c) 
In Zones AE and A riverine areas for which no regulatory floodway is designated, the regulatory floodway is determined to be the channel of the river or other watercourse and the adjacent land areas to a distance of 1/2 the width of the floodplain as measured from the normal high-water mark to the upland limit of the floodplain.
(12) 
Enclosed areas below the lowest floor. New floodplain construction or substantial improvement of any structure in Zones AE and A that meets the development standards of Subsection E of this section, including the elevation requirements of Subsection E(6), (7) or (8), and is elevated on posts, columns, piers, piles, stilts, or crawl spaces may be enclosed below the base flood elevation requirements, provided all the following criteria are met or exceeded:
(a) 
Enclosed areas are not basements, as defined in § 300-202;
(b) 
Enclosed areas shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either:
[1] 
Be engineered and certified by a registered professional engineer or architect; or
[2] 
Meet or exceed the following minimum criteria:
[a] 
A minimum of two openings having a total net area of not less than one square inch for every square foot of the enclosed area;
[b] 
The bottom of all openings shall be below the base flood elevation and no higher than one foot above the lowest grade; and
[c] 
Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the entry and exit of floodwaters automatically without any external influence or control such as human intervention, including the use of electrical and other nonautomatic mechanical means;
(c) 
The enclosed area shall not be used for human habitation; and
(d) 
The enclosed areas are usable solely for building access, parking of vehicles, or storage.
(13) 
Bridges. New floodplain construction or substantial improvement of any bridge in Zones AE and A shall be designed such that:
(a) 
When possible, the lowest horizontal member (excluding the pilings, or columns) is elevated to at least one foot above the base flood elevation; and
(b) 
A registered professional engineer shall certify that:
[1] 
The structural design and methods of construction shall meet the elevation requirements of this section and the floodway standards of Subsection E(11) of this section; and
[2] 
The foundation and superstructure attached thereto are designed to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all structural components. Water loading values used shall be those associated with the base flood.
(14) 
Containment walls. New floodplain construction or substantial improvement of any containment wall located within:
(a) 
Zones AE and A shall:
[1] 
Have the containment wall elevated to at least one foot above the base flood elevation;
[2] 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and
[3] 
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this section. Such certification shall be provided with the application for a flood hazard development permit, as required by Subsection C(11) of this section.
(15) 
Wharves, piers and docks. New floodplain construction or substantial improvement of wharves, piers, and docks are permitted in Zones AE and A, in and over water and seaward of the mean high tide if the following requirements are met:
(a) 
Wharves, piers, and docks shall comply with all applicable local, state, and federal regulations; and
(b) 
For commercial wharves, piers, and docks, a registered professional engineer shall develop or review the structural design, specifications, and plans for the construction.
F. 
Certificate of compliance. No land in a special flood hazard area shall be occupied or used and no structure which is constructed or substantially improved shall be occupied until a certificate of compliance is issued by the Code Enforcement Officer, subject to the following provisions:
(1) 
For new floodplain construction or substantial improvement of any elevated structure, the applicant shall submit to the Code Enforcement Officer an elevation certificate completed by a professional land surveyor, registered professional engineer, or architect, for compliance with Subsection E(6), (7) or (8) of this section.
(2) 
The applicant shall submit written notification to the Code Enforcement Officer that the development is complete and complies with the provisions of this chapter.
(3) 
Within 10 working days, the Code Enforcement Officer shall:
(a) 
Review the elevation certificate and the applicant's written notification; and
(b) 
Upon determination that the development conforms with the provisions of this chapter, shall issue a certificate of compliance.
G. 
Review of subdivision and development proposals. The Planning Board shall, when reviewing subdivisions and other proposed developments that require review under other federal law, state law or local ordinances or regulations and all projects on five or more disturbed acres, or in the case of manufactured home parks divided into two or more lots, assure that:
(1) 
All such proposals are consistent with the need to minimize flood damage.
(2) 
All public utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damages.
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
(4) 
All proposals include base flood elevations, flood boundaries, and, in a riverine floodplain, floodway data. These determinations shall be based on engineering practices recognized by the Federal Emergency Management Agency.
(5) 
Any proposed development plan must include a condition of plan approval requiring that structures on any lot in the development having any portion of its land within a special flood hazard area are to be constructed in accordance with Subsection E of this section. Such requirement will be included in any deed, lease, purchase and sale agreement, or document transferring or expressing an intent to transfer any interest in real estate or structure, including but not limited to a time-share interest. The condition shall clearly articulate that the municipality may enforce any violation of the construction requirement, and that fact shall also be included in the deed or any other document previously described. The construction requirement shall also be clearly stated on any map, plat, or plan to be signed by the Planning Board or local reviewing authority as part of the approval process.
Building heights shall be limited by the type of construction as outlined in the BOCA Code, limits of usefulness of the City's firefighting equipment or as specified in §§ 300-314.2 and 300-314.3. When issuing a permit, the issuing officer shall give serious consideration to the recommendation of the Director of the Fire Bureau.
[Amended 10-6-1997 by Ord. No. 322]
Commentary:
Traditionally, in zoning, certain occupational uses termed "home occupations" have been allowed in dwelling units. Such uses have been allowed largely on the basis that such uses are incidental to the use of the premises as a residence, that the nature of home occupational uses is such that they are compatible with or even "belong" in the home, or that home occupational uses are of a highly professional nature involving the use of mental rather than physical capabilities and are therefore compatible with residential uses.
Based on the previous paragraph, it is difficult to discern exactly which home-based businesses are to be permitted in residential districts. It is recognized, in Augusta, that certain limited home occupational uses can be useful to both the general community as well as the resident-proprietor. Also recognized is the difficulty of writing an ordinance dealing with home occupations in a "middle-of-the-road" fashion, which is neither discriminatory or arbitrary. It is hoped that both the citizens and the courts will recognize these difficulties; that the former will not abuse the privileges granted within the following text and that the latter will aid in the enforcement of the sometimes seemingly arbitrary restrictions necessary to preserve residential character in an expedient manner.
With the above in mind, it is the intent and purpose of this section to provide for home occupations in residential districts subject to the following restrictions. (The preceding discussion was modified from Rockford, Illinois, Home Occupation Ordinance.)
A. 
The conduct of home occupations in residential units may be permitted under the following provisions:
(1) 
See definition of "home occupation."
(2) 
Home occupations shall be carried on wholly within the principal building or within a building or other structure accessory to it.
(3) 
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants; no more than 30% of the total existing floor area or volume, whichever is greater, shall be used for operating the home occupation.
(4) 
There shall be no visible evidence of the operation of such home occupation other than one sign, unless such sign is otherwise prohibited by this chapter.
(5) 
A home occupation shall in no extent be carried on in a manner that alters the residential character of the structure, lot or neighborhood. There shall be no outside storage or display of materials or products or equipment or vehicles, nor any window display of any of the same.
(6) 
The sign for a home occupation shall be limited to a property owner "name" sign with the street number and name clearly denoted. The "name" sign may include the type of occupation. The sign shall be nonilluminated and no larger than two square feet. See § 300-516 for additional standards.
(7) 
No traffic shall be generated by such home occupation in greater volumes than would ordinarily be expected in the neighborhood, and any need for parking generated by the operation of the home occupation shall be met off the street in other than what is the required front yard; the burden of proof shall be on the applicant.
(8) 
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot if the home occupation is conducted in a detached one-family home dwelling, or outside the dwelling unit if conducted in any other form of dwelling. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises.
(9) 
The sale of products shall be limited to those which are crafted, assembled, or substantially altered on the premises; to catalog items ordered off the premises by customers; and to items which are accessory and incidental to a service which is provided on the premises.
(10) 
A home occupation shall be carried on by permanent residents of the dwelling unit, with not more than two employees who are not residents of the dwelling unit.
(11) 
Planning Board review, as a conditional use, shall be required for any applicant wishing to exceed the above-stated limitations.
(12) 
All auto service/repair home businesses proposed in the RA, RB1, RB2, and RC Zones shall be reviewed as a conditional use.[1]
[1]
Editor's Note: Original § 5.1.10 of the 1990 Code, pertaining to landscaping, as derived from Ord. No. 53, adopted 6-3-1991, which immediately followed this section, was repealed 5-6-1996 by Ord. No. 283.
[Amended 4-23-2001 by Ord. No. 37; 7-19-2004 by Ord. No. 102; 7-6-2007 by Ord. No. 108]
Commentary:
Excessive and misdirected outdoor lighting is a consequence of using outdoor lighting where and when it is not needed, and not using the types of outdoor lighting that are most efficient and cost effective for the task intended. While the lighting of streets, businesses and residences may be desirable and necessary for safety and security, it is not desirable or necessary to have light shining uselessly and wastefully into the sky and off into space.
Light from improperly shielded fixtures is a serious safety hazard to motorists and others.
The unchecked growth of ineffective and inefficient outdoor lighting fixtures in modern times has unnecessarily deprived most residents of the comfort and beauty of the natural night sky while also potentially having serious ill effects by interfering with the natural human physiological day/night cycle.
Controlling outdoor lighting will result in significant cost savings due to the decrease in energy requirements.
A. 
Outside lighting used for business and professional offices, commercial, and industrial activities, including lighted signs, shall not be permitted to trespass beyond the boundaries of the property on which it is located above the following levels of light: not more than 0.3 footcandle for an abutting residential property or use; and not more than 0.8 footcandle for an abutting commercial property or use. Any luminaire, other than those used at a single-family or duplex property, shall be full cutoff design, unless otherwise required by state or federal law, or allowed by the Planning Board.
B. 
For all other uses, any luminaire with a lamp or lamps rated at a total of 1,800 lumens or less, and all flood or spot luminaires with a lamp or lamps rated at 900 lumens or less, may be used without restriction to light distribution or mounting height, except that if any spot of flood luminaire rated 900 lumens or less is aimed, directed, or focused such as to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby land, or to create glare perceptible to persons operating motor vehicles on public ways, the luminaire shall be redirected or its light output controlled as necessary to eliminate such conditions.
C. 
All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of this section.
D. 
Any temporary outdoor lighting that conforms to the requirements of this chapter shall be allowed.
E. 
Nonconforming temporary outdoor lighting may be permitted by the Planning Board after considering the public and/or private benefits that will result from the temporary lighting; any annoyance or safety problems that may result from the use of the temporary lighting; and the duration of the temporary nonconforming lighting. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Planning Board, who shall consider the request at a duly called meeting of the Planning Board.
F. 
Exceptions:
(1) 
Athletic fields, fairgrounds, and approved temporary special lighting that meets current Illuminating Engineering Society of North America (IESNA) recommended practice standards for sports and recreational area lighting and is approved by the Planning Board after holding a public hearing on the matter. For such projects reviewed by the Planning Board, conditions of approval may be applied to ensure that the proposed project is compatible with an adjacent neighboring land use.
(2) 
Any proposed expansion or construction of a professional office, commercial, or industrial land use project that meets the IESNA lighting standard(s) for that land use, as designed and shown on a plan done by a professional lighting engineer and approved by the Planning Board after holding a public hearing on the matter. For such projects reviewed by the Planning Board, conditions of approval may be applied to ensure that the proposed project is compatible with an adjacent neighboring land use.[1]
[1]
Editor's Note: Original § 5.1.12 of the 1990 Code, regarding mineral exploration and mineral extraction activities, which immediately followed this section, was repealed 11-21-2005 by Ord. No. 196. See now Ch. 198, Art. I, Mineral Extraction.
A. 
Purposes. One purpose of this open space requirement is protection of the land's resources; an additional purpose with residential uses is to provide usable public or common open space as near to each dwelling unit as possible.
B. 
Guidelines. When designating land for open space, land containing one or more of the following characteristics shall be considered a priority for protection:
(1) 
Prime agricultural soils over 10 acres.
(2) 
Sand and gravel deposits over 10 acres.
(3) 
Areas with slopes exceeding 15%.
(4) 
Known deer winter ranges or those identified by the Maine Department of Inland Fisheries and Wildlife (MDIF&W).
(5) 
Maine DEP and MDIF&W wetlands; wetlands over two acres in size as shown on the City of Augusta 200 scale topographic maps.
[Amended 4-20-2017 by Ord. No. 17-069]
(6) 
Areas affected by the one-hundred-year flood.
(7) 
Areas zoned Resource Protection in accordance with § 300-316.1C, Resource Protection District (RP); land areas within 75 feet of a stream as defined; areas within 25 feet of major and minor tributaries of streams and drainageways that run year round; areas within 15 feet of intermittent streams or drainageways; see § 300-514B(2)(c).
(8) 
Aquifers and aquifer recharge areas.
C. 
Uses of open space. The following language was modified from Performance Zoning by Lane Kendig, copyright 1980, by American Planning Association:
(1) 
Land which is required by this chapter to remain as open space may be used for recreation, agriculture, resource protection, amenity and other purposes specified in this section. Open space land shall be freely accessible to all residents of a development with the exception that agricultural land uses shall be permitted to restrict access to that land to those solely engaged in agricultural pursuits. Open space land shall not be occupied by nonrecreational buildings, roads, or road rights-of-way, nor shall it include the yards or lots of single- or multifamily dwelling units required to meet the minimum standards or parking areas.
(2) 
All developments required by this chapter to provide open space shall meet the following requirements:
(a) 
Land designated as open space shall be maintained as open space and may not be separately sold, subdivided, or developed except as provided below.
(b) 
An open space plan shall be submitted as part of the application for a permit. This plan shall designate and indicate the boundaries of all open space areas required by this chapter. The plan shall:
[1] 
Designate areas to be reserved as open space. The specific design of open space areas shall be sensitive to the physical characteristics and proposed design of the site.
[2] 
Designate the type of open space which will be provided.
[3] 
Specify the manner in which the open space shall be perpetuated, maintained and administered.
(c) 
The types of open space which may be provided to satisfy the requirements of this chapter, together with the maintenance required for each type, are as follows:
[1] 
Natural areas of undisturbed vegetation or areas replanted with vegetation after construction. Woodlands, woodland swamps (hydric soils), and wetlands are specific types of natural areas. Maintenance is limited to removal of litter, dead tree and plant materials and brush. Natural watercourses are maintained as free-flowing and devoid of debris. Stream channels are maintained so as not to alter floodplain levels.
[2] 
Agricultural uses.
[3] 
Garden plots are the division of open space into plots for cultivation as gardens by residents.
[4] 
Recreational areas are areas designed for specific, active recreational uses such as tot lots, tennis courts, swimming pools, ball fields, and similar uses. Recreational areas shall be accessible to all residents of the development. Maintenance is limited to ensuring that there exist no hazards, nuisances, or unhealthy conditions.
[5] 
Greenways are linear green belts linking residential areas with other open space areas. These greenways may contain bicycle paths, footpaths, and bridle paths. Connecting greenways between residences and recreational areas are encouraged. Maintenance is limited to a minimum removal and avoidance of hazards, nuisances, or unhealthy conditions.
[6] 
Lawns consist of grass with or without trees. Maintenance is limited to mowing to ensure neatness.
(d) 
All designated open space shall be large enough to be usable open space. The minimum dimensions for usable open space shall be 10 feet by 10 feet.
(3) 
Preservation of open space.
(a) 
Open space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Open space areas may be owned, preserved, and maintained as required by this section by any of the following mechanisms or combinations thereof:
[1] 
Dedication of open space to the City or an appropriate public agency, if there is a public agency willing to accept the dedication.
[2] 
Common ownership of the open space by a homeowners' association which assumes full responsibility for its maintenance.
[3] 
Dedication of development rights of open space may be made to any appropriate public agency with ownership remaining with the developer or homeowners' association. Maintenance responsibility shall remain with the property owner.
[4] 
Deed-restricted private ownership which shall prevent development and/or subsequent division of the open space land and provide the maintenance responsibility.
(b) 
In the event that any private owner of open space fails to maintain the open space according to the standards of this chapter, the City may, in accordance with an open space plan and following reasonable notice and demand that deficiency of maintenance be corrected, enter the open space to maintain same. The cost of such maintenance shall be charged to those persons having the primary responsibility for maintenance of the open space.
A. 
Purpose. The purpose of the following standards is to protect the public health, safety and welfare by assuring that:
(1) 
Peak parking demands are accommodated on site so that streets, nearby properties, and neighborhoods are kept free from congestion and inappropriate traffic;
(2) 
Parking facilities are designed to enhance the dignity, pride, and visual quality of Augusta as befits a state capital and complement the visual appearance of and maintain the aesthetic appeal of views from neighboring properties, streets and highways, the Kennebec River, and other places where people congregate;
(3) 
Parking facilities are safe, healthy, attractive, and easily entered and traveled for both motor vehicles and pedestrians; and
(4) 
The economic stability of residential, business, commercial, institutional, and industrial areas, the value of land and buildings on surrounding properties and neighborhoods, and the accessibility and economic utility of land are maintained and enhanced.
Commentary: The appearance and awkwardness of parking facilities in Augusta has negatively influenced perceptions of the City. Through thoughtful attention to the design of parking areas for new uses and the redevelopment of old ones as uses expand, however, the City's image, reputation, and economic potential can be greatly enhanced. Also, by using creativity in planning for transportation and parking needs, the amount of land devoted to parking can be minimized, resulting in many advantages.
B. 
Off-street parking. No use of premises shall be changed or expanded and no structures shall be constructed or enlarged unless there is provided adequate off-street parking space. See § 300-311. The following minimum standards shall apply:
[Amended 11-21-2005 by Ord. No. 195; 1-16-2007 by Ord. No. 210; 4-20-2007 by Ord. No. 067; 5-5-2008 by Ord. No. 073]
(1) 
Space and location.
(a) 
Parking stalls. The minimum dimensions for parking stalls shall be:
Parking
Application
Stall Width*
(feet)
Stall Depth*
(feet)
Aisle Width*
(feet)
90°
Standard
9
18
26
60° one-way
Standard
9
15.6
23
45°
Standard
9
12.7
24
NOTES:
*
Alternatives to these dimensions are permitted, provided that the applicant demonstrates that the proposal complies with the standards outlined in Transportation and Land Development by Vergil G. Stover and Frank J. Koepke and the Institute of Transportation Engineers, 1988, and as defined and modified by standards provided in the Technical Standards Handbook for the City of Augusta. Parking lots requiring handicap-accessible parking spaces shall comply with the American With Disabilities Act.
(b) 
Schedule of required off-street parking. A minimum number of off-street parking spaces shall be required of the uses specified in Table 300-513-A. Unless otherwise specified, the total number of parking spaces required shall be the sum total of all spaces required for each principal and accessory use located on the parcel; any fraction shall be rounded up to the nearest whole number. Parking spaces designated for physically handicapped people shall be as close to the main entrance or an accessible entrance of a building as possible. At least one handicap space shall be designated with signage in parking lots with less than 25 spaces, and 4% of spaces shall be so reserved in lots with 25 or more cars. NOTE: All references to "GFA" in Table 300-513-A shall mean for every 1,000 square feet of GFA, that is, the parking requirement for business services is three parking spaces per 1,000 square feet GFA. All other abbreviations are spelled out in Column 2, Unit of Measure.
Table 300-513-A: Schedule of Required Off-Street Parking
Land Use
Unit of Measure
Standard — Number of Spaces
Residential:
Single-family, efficiency, and multifamily
du (dwelling unit)
2.0/du
Elderly
du (dwelling unit)
1.0/du
Rooming house and group home and other residential
room (rm)
1.0/rm
Home occupation
GFA (1,000 s.f.) + dwelling unit
3.0/GFA and 2.0/du
Single-room-occupancy (SRO) dwelling unit
1 space for every 2 SRO units (with a minimum of 2 spaces per building)
Business services:
Advertising/ duplicating, consumer/collection, employment/other
GFA (1,000 s.f.)
3.0/GFA
Warehousing, storage services
Employee
1.0/employee
Contract construction services:
General contract; special construction trade services
Employee and vehicular equipment normally on site
1.0/employee, plus 1.0/vehicle
Educational services:
Elementary and junior high
Teachers and employees
1.0/teacher-employee
Senior high
Teachers and employees and students
1.0/teacher-employee + 0.2/student
Child care
Teachers/employees and students
1.0/teacher-employee + 1.0/6 students
Commercial/trade college/university
Instructors/employees and capacity largest class (lc)
1.0/instructor-employee + 2.0/student lc
Government services:
Administration
GFA
3.0/GFA
Judicial/court legislative/executive
GFA and design capacity (dc)
3.0/GFA and 1.0/3 seats dc
Public safety
GFA, employees largest shift (ls)
3.0/GFA and 1.0/employee ls
Postal
GFA
3.0/GFA
Correctional
Number beds and employees/largest shift
1.0/4 beds and 1.0/employee ls
Public works
GFA and vehicles and equipment normally on site
3.0/GFA and 1.0/vehicle
Industrial uses:
Truck terminal
Employee
1.0/employee
Other industrial
Employee largest shift
1.0/employee ls
Medical and institution:
Hospital
Beds and employees
1.0/bed and 1.0/employee
Nursing home
Beds/employees and staff doctor
1.0/4 beds and 2.0/3 employees and 1.0/staff doctor
Personal services:
Mortuaries and funeral parlors
The greater of parlor or patrons design capacity
25.0/parlor or 1.0/4 patron dc
Laundering, dry cleaning
GFA (1,000 s.f.) and employees
3.0/GFA and 1.0/employee
Laundromat
GFA (1,000 s.f.)
4.0/GFA
Beauty/barber shop
Operator chair
3.0/operator chair
Apparel repair and alteration; shoe repair
GFA (1,000 s.f.)
3.0/GFA
Professional services:
Medical clinic and health center
Staff doctor and employees
4.0/staff doctor + 2.0/3 employees
Medical/dental, veterinarian and animal hospital
GFA
3.0/GFA
Legal and other professional services
GFA
3.0/GFA
Finance, insurance and real estate
GFA and queuing lane (ql)
3.0/GFA and 5.0/ql
Recreational:
Library
Seats design capacity (dc)
1.0/4 seats dc
Museum
Employees largest shift
1.0/employee
Nature exhibit, all other
Patrons design capacity and employees largest shift
1.0/3 patrons dc and 1.0/employee
Retail, food lodging services:
Convenience store and other retail uses
GFA
5.0/GFA
Furniture stores
GFA (1,000 sq. ft.) retail space
1.5 space per GFA
Warehouse employee
1.0 space per warehouse employee
Grocery supermarket
GFA
4.0/GFA
Hotels, motels
Room, employees largest shift (ls); design capacity and accessory uses
1.0/room + 1.0/3 employees ls + 1.0/3 patrons dc for each mtg/banquet rm. + 0.5 spaces required for accessory uses
Restaurant, fast-food
GFA (1,000 square feet) and queuing lane (ql)
14/GFA and 5.0/ql
Restaurant, limited-service drive-through*
GFA
14/GFA and 14.0/ql
Restaurant, standard
GFA
12/GFA
Shopping center
GFA
5.0/GFA
Taverns, dance halls, night clubs, lounges
GFA
14/GFA
Vehicle sales
GFA bldg.; outside display area
4.0/GFA, plus 0.5/vehicle displayed
All other
GFA
4.0/GFA
Vehicle maintenance, other repair:
Vehicle repair, maintenance
GFA
3.0/GFA
Vehicle wash
GFA and queuing lane (ql)
3.0/GFA and 5.0/ql
Other repair
3.0/GFA
Miscellaneous services:
Religious
Seats
1.0/3 seats
Business association; civic/social; fraternal; professional; labor unions
GFA patrons design capacity (dc)
3.0/GFA and 1.0/3 patrons dc
Welfare and charitable services
GFA
3.0 GFA
NOTES:
*
This class of fast-food restaurant (limited-service) offers nonalcoholic beverages (i.e., coffee) and snack foods (i.e., doughnuts) primarily for off-site consumption using drive-throughs. As such, these limited-service restaurants create an extreme high traffic count per hour often adjacent to traditional arterial routes that are further congested with waiting patrons unable to access these smaller establishments with inadequate on-site capacity to accommodate patrons.
(c) 
Off-street loading. See Technical Standards Handbook.
(d) 
Exceptions to on-site parking. All off-street parking shall be located on the same lot as the principal structure or use to be served except:
[1] 
As permitted by the Planning Board;
[2] 
Uses located in the Kennebec District 1 Zone in existence prior to the effective date of this chapter;
Requests for off-site parking in Subsection B(1)(d)[1] and [2] above must meet the following requirement: If not owned in fee by the applicant, the use of the land shall be legally bound to serve as a parking lot for the life of the building or use that is being permitted to serve.
[3] 
As permitted by the Planning Board, places of worship located in the BP and RC District, provided that the minimum number of spaces required for a development proposal by said places of worship shall be available on a public street within 1,000 feet of the place of worship.
(e) 
Shared parking and reduction in the number of off-street parking spaces. In order to prevent the establishment of a greater number of parking spaces than is actually needed to meet the particular needs of uses:
[1] 
A maximum of up to 50% reduction in the number of required off-street parking spaces may be permitted by the Planning Board. Any reduction shall be made based on a parking demand study submitted by the applicant's certified professional engineer indicating that the proposed reduction will adequately meet the applicant's needs.
[2] 
The joint use of a parking lot by two or more uses may be approved where demand studies are provided that clearly demonstrate that there will be no conflict with times of occupancy and there is ample space to meet the needs of all uses.
[3] 
The developer enters into written agreement with the City that additional parking spaces up to the total spaces required shall be provided at the owner's expense should the Code Enforcement Officer determine that more spaces are needed to satisfy the needs of the particular use pursuant to the schedule imposed by this chapter.
Commentary: Certain uses, such as regional shopping centers, may need fewer parking spaces than are required by this chapter since their trip generation per 1,000 square feet of gross floor area is typically less than smaller uses.
(f) 
Off-street loading requirements. All off-street loading facilities shall be designed in accordance with the off-street loading requirements outlined in the City of Augusta Technical Standards Handbook.
(2) 
Lighting. Where artificial lighting is provided, it shall be shaded or screened so that no light source or unreasonable glare shall be directly visible from outside the area and its access driveways.
(3) 
Circulation.
(a) 
Vehicular entrance and exit. Entrances and exits shall be clearly identified by the use of signs, curb cuts, and landscaping. Entrance and exit design shall be in conformance with the requirements of "Driveway and Access Standards," § 5.3, Technical Standards Handbook.
(b) 
Interior vehicular/pedestrian circulation.
[1] 
Interior travel lanes shall be provided between parking cells to allow continuous and uninterrupted traffic movement. Parking spaces shall not be located along interior travel lanes.
[2] 
Entrances and exits shall be designed to allow adequate stacking of vehicles without blocking interior vehicle circulation lanes.
[3] 
Walkways shall be designed to connect parking areas with residential areas, commercial establishments, and other points of interest as appropriate.
[4] 
In paved parking areas, painted stripes shall be used to delineate parking stalls. In aisles utilizing diagonal parking, arrows shall be painted on the pavement to indicate traffic flow.
[5] 
A six-inch vertical curb and/or wheel stops shall be provided where necessary to restrict vehicles within the confines of the designated parking area. Use of continuous curb stops is preferred.
[6] 
Parking areas shall be designed to allow efficient snow removal and/or storage.
(4) 
Parking areas in Shoreland Districts.
(a) 
Parking areas shall meet the shoreline setback requirements for structures for the district in which such areas are located. The setback requirement for parking areas serving public boat launching facilities, in districts other than the General Development District, may be reduced to no less than 50 feet from the normal high-water line or upland edge of a wetland if the Planning Board finds that no other reasonable alternative exists.
(b) 
Parking areas shall be adequately sized for the proposed use and shall be designed to prevent stormwater runoff from flowing directly into a water body, and where feasible, to retain all runoff on-site. See Technical Standards Handbook.
C. 
Parking requirements in the KBD1 District. Recognizing that providing on-site parking for employees, customers, clients, visitors, and residents in Augusta's densely built downtown is more problematic than in the less densely developed areas of the City, the following parking requirements shall apply in the KBD1 district and on Cony Street, west of Cony Circle:
[Amended 1-21-1992 by Ord. No. 303; 1-19-1993 by Ord. No. 707; 5-6-1996 by Ord. No. 283; 12-20-1999 by Ord. No. 260; 10-15-2001 by Ord. No. 135; 8-25-2003 by Ord. No. 100; 12-3-2003 by Ord. No. 149; 3-15-2004 by Ord. No. 38; 11-21-2005 by Ord. No. 194]
(1) 
In Shoreland Zones, Subsection B(4) of this section shall apply.
(2) 
The number of required parking spaces for a development proposal shall be determined by using Table 300-513-B below:
Table 300-513-B: Schedule of Parking Requirements in the KBD1 District
Proposed Change
Use Proposed
Parking Requirement for Proposed Change
(minimum)
Distance Requirement per Parking Space
(maximum)
1.
Create new building
Residential
1 space per dwelling unit
Located within 500 feet of building (see Note 1)
Retail
2 spaces per 1,000 square feet of gross floor area (GFA) (see Note 3)
Located within 1,000 feet of building entrance (see Note 2)
Office and all other commercial/ allowable uses
3 spaces per GFA (see Note 3)
Located within 1,000 feet of building entrance (see Note 2)
2.
Change existing use
Residential
None
None
Retail
None
None
Office and all other commercial/ allowable uses
None
None
3.
Expand existing building or expand existing use
Residential
None
None
Retail
None
None
Office and all other commercial/ allowable uses
None
None
NOTES:
1.
Off-site parking spaces may be provided in either on-street or off-street permitted residential parking areas as allowed by the Augusta Parking District.
2.
Parking spaces having a time limit of two hours or less shall not count towards meeting distance requirements.
3.
If applicant can show through parking demand studies that a lower requirement exists for their proposed use (based on the amount of employees and/or customers), the required number of spaces may be reduced by the Planning Board.
(3) 
An applicant for a development proposal shall meet the parking requirements identified in Table 300-513-B, Schedule of Parking Requirements in the KBD1 District, and adhere to the following standards:
(a) 
Off-street parking spaces shall be provided by the applicant on the development site to meet the parking requirements identified in Table 300-513-B, to the greatest practicable extent as approved by the Planning Board.
(b) 
Use of long-term (over two hours) off-street residential parking spaces controlled by the Augusta Parking District shall be as allowed by the Parking District. Such spaces that are duly leased from the parking district shall be counted towards meeting the parking requirements of Table 300-513-B.
(c) 
Use of reasonably available on-street, short-term parking spaces (time limit of two hours or less) for proposed residential uses shall be allowed as approved by the Augusta Planning Board, after a recommendation is made on the proposed project by the Augusta Parking District that the applicant will be able to meet their requirements in Parking District spaces. The Parking District shall recommend the number of parking spaces it can accommodate for the proposal.
(d) 
Use of reasonably available long-term parking spaces (time limit of greater than two hours) for proposed nonresidential uses shall be allowed as approved by the Augusta Planning Board, after a recommendation is made on the proposed project by the Augusta Parking District that the applicant will be able to meet their requirements in Parking District spaces. The Parking District shall recommend the number of parking spaces it can accommodate for the proposal.
(e) 
After all practicable on-site parking space has been proposed by an applicant, and after all reasonably available short- and/or long-term parking spaces have been approved for use by the Planning Board, an applicant for a development proposal shall be required to pay, for each parking space that it still lacks, a fee to the Augusta Parking District in lieu of providing on-site parking for the proposed development project. The in-lieu-of parking fee shall be equal to the average cost of providing a surface parking space in a private parking lot, multiplied by the number of spaces a development proposal is deficient in providing. The average per-space cost of creating a private surface lot parking space shall be the average cost in Augusta of a surface parking space (including in that average the cost of land acquisition, site grading, stormwater handling, paving of aisles and spaces, landscaping, and professional engineering design).
A. 
Air quality.
[Amended 12-1-2011 by Ord. No. 116]
(1) 
Noise standards.
[Amended 2-2-2012 by Ord. No. 11-149]
(a) 
Applicability.
[1] 
Not applicable. This subsection shall not apply to the following:
[a] 
Outdoor entertainment/music. Events authorized via any municipal permit/license shall be exempt for normal operation hours of 7:00 a.m. to 10:00 p.m. Regular operations beyond 10:00 p.m. shall require authorization through a Planning Board conditional use permit.
[b] 
Recreational activities. Events otherwise allowed by law, for which any necessary permit has been granted by the City, including but not limited to sporting events, parades, and fireworks displays, shall be exempt.
[c] 
Power equipment and maintenance equipment. Such equipment when operated during between 7:00 a.m. to 10:00 p.m. shall be exempt. Such equipment includes but is not limited to power mowers, chainsaws, power tools, leaf blowers, and hedge trimmers. Snowblowers shall be exempt at all times of the day.
[d] 
Generators. Generator noise when operated during any time of the day during a power outage shall be exempt. Generators operated between 7:00 a.m. and 10:00 p.m. when there is no power outage shall be exempt. Medical facility generators shall be exempt at all time of the day, regardless of power outage conditions.
[e] 
Safety signals, warning devices, emergency pressure relief valve. Noise from such devices shall be exempt.
[f] 
Motor vehicle refueling station speakers. Noise for speakers required by local, state, or federal law at refueling pumps shall be exempt, provided they are used only to allow employees to communicate directly with customers at refueling pumps in accordance with state or federal laws, or for other purposes mandated by law.
[g] 
Emergency vehicles. Any siren, whistle, horn, or bell lawfully used by emergency vehicles or emergency personnel shall be exempt.
[h] 
Maintenance vehicles. Noise generated by municipal and private maintenance vehicles during the removal of snow, debris, or refuse shall be exempt.
[i] 
School or church chimes and bells. Any bell or chime from any school or church shall be exempt.
[j] 
Construction, development, and maintenance. Sounds emanating from construction, development and maintenance activities conducted between 7:00 a.m. and 10:00 p.m. and conducted in compliance with all other sections of this chapter and all other applicable ordinances shall be exempt.
[k] 
Agriculture. Noise generated by an agricultural use shall be exempt between the hours of 4:00 a.m. and 11:00 p.m.
[l] 
Forestry and other natural resources uses. Noise generated by forestry or other natural resources uses shall be exempt between the hours of 6:00 a.m. and 10:00 p.m., except that mineral extraction shall comply with Chapter 198, Article I, Mineral Extraction, or their individual license, whichever is more restrictive, regarding hours of operation. If logging equipment is within 100 yards of a residence, the noise shall be exempt between 7:00 a.m. and 7:00 p.m.
[m] 
Blasting. Blasting conducted in accordance with City of Augusta ordinance or State of Maine law, whichever is more restrictive, shall be exempt.
[n] 
Temporary activities. Nonconforming temporary noise may be permitted by the Planning Board via the conditional use criteria and process after considering the public and/or private benefits that will result from the temporary noise; any annoyance or safety problems that may result from the use of the temporary noise; and the duration of the temporary nonconforming noise. The applicant shall submit a conditional use permit application containing a detailed description of the proposed temporary nonconforming noise to the Planning Board. The Board shall consider the request at a duly called meeting of the Planning Board.
[o] 
Road and public utility construction and maintenance. Upon approval by the City Council at a public meeting of the City Council, road and public utility work may occur at times and in a manner approved by the City Council. In particular, road and utility work in public roads is often best done during night hours to avoid disrupting busy traffic corridors during the daytime. This subsection is intended to allow the City Council to approve such work.
[p] 
Residential uses. Subsection A of this section shall not apply to noise generated by residents at their home. Typical residential noises shall be regulated by state law related to disturbing the peace and shall be enforced by the Augusta Police Department.
[2] 
Applicable. This subsection shall apply to all nonresidential uses in the City of Augusta, except as exempted in Subsection A of this section.
[3] 
Preexisting, nonconforming uses and properties. All preexisting, nonconforming uses and properties shall fully comply with Subsection A of this section within one year of the effective date of this subsection. All preexisting, nonconforming uses with outdoor speakers shall turn the volume of the speakers down to levels found in Subsection A(1)(e) below as of the effective date of this subsection.
(b) 
Performance standards.
[1] 
General. Noise levels shall be controlled to the extent that they do not adversely affect nearby residences, institutions, and businesses due to intermittence, beat frequency, shrillness, or volume, and to the extent that they do not interfere with the normal enjoyment of nearby properties. Excessive noise at unreasonable hours shall be prohibited. Excessive noise is noise exceeding the maximum decibel level in Subsection A(1)(e) below for a period of more than 10 minutes, or for shorter periods at least four times over the course of an hour.
[2] 
Speakers. Speakers mounted outside a nonresidential or mixed-use building, or placed such that they project sound outside any nonresidential or mixed-use building, shall be prohibited, except as follows:
[a] 
Drive-through. Speakers used only to enable employees to directly communicate with customers at a drive-through are permitted, provided the sound from the speaker is not audible at the property line of the business using the speaker. Speaker volume should be set at the lowest volume necessary to communicate with customers having normal hearing.
[b] 
Restaurant. In the Kennebec Business District 1 (KBD1) Zone, speakers used only to provide background ambiance music for outdoor seating are permitted, provided the sound is not audible at distances greater than 100 feet from the exterior wall of the business.
[c] 
In all other zoning districts, speakers used to provide background ambiance music, either live or recorded, for outdoor seating are permitted, provided the sound from the speaker is 60 dB at the property line of the business using the speaker.
[d] 
When outdoor seating is not in use, speakers intended to project sound outside the restaurant shall be turned off.
[e] 
Other. Speakers that do not create a violation of the standard in Subsection A(1)(e) of this section. Outdoor speakers shall be used only to project sound to customers or employees reasonably expected to be outside. Internal building announcements to employees or departments inside the building shall not be announced through outdoor speakers.
[3] 
Attention shall be given during site planning to deal with audile quality and volume. The site planner shall consider and where appropriate shall implement the following measures to mitigate the impact of noise (in order of preference):
[a] 
Suppression of noise source to create lowest noise generation possible for proposed use.
[b] 
Putting distance between the noise source and its receiving uses.
[c] 
Use of buildings, walls, or berms as partial barriers and arrangement of openings away from conflicting uses.
[d] 
Deliberate introduction of background noise in order to mask the noise level, pitch or information content (background noise should be of a type to mask offensive noise rather than contribute to it).
[e] 
Where possible, completely sealing the building and operating entirely indoors.
[4] 
One or more of the following noise muffling mechanisms may be required by the Planning Board or Code Enforcement Officer. Orientation of structure, including placement of windows and major entryways, shall be such that noise impact is directed away from neighboring uses.
[a] 
Operation of equipment/processes which generate noise shall be required to take place indoors.
[b] 
The use of block heaters shall be preferred over idling vehicles.
[c] 
If the original noise is not too powerful, masking mechanisms which add desirable random noises between conflicting land uses may be used. An example of such a masking mechanism is the play of water.
[d] 
Surfaces with absorption capacity shall be placed between conflicting land uses.
[e] 
Air turbulence to disperse sound may be used.
[f] 
Barriers between noise generator and receiver such as berms, walls, buildings, etc., may be used.
[5] 
These noise regulations are enforceable by law enforcement officers or by the Code Enforcement Officer.
(c) 
Noise impact study.
[1] 
The Planning Board or Code Enforcement Officer may require that a noise impact study be conducted. Pre- and post-development noise levels may be required as part of the study. The noise impact study may be either one or more of the following:
[a] 
Noise shall be measured with a sound-level meter meeting the standards of the American National Standards Institute [ANSI S1.43-1997 (R2007)].
[b] 
If the use proposed is nonresidential, the noise impact study, if required, may utilize data from one or more existing sources which roughly correspond (density, existing traffic volume, location of neighborhood, type of equipment used, and other similar noise generators) with the proposed use.
[c] 
If no meters are at hand, a rough survey can be conducted without special equipment by two people of normal hearing and average voice. It is based on the fact that the point at which conversation just becomes impossible to understand is rather sharply defined. One person stands and reads something unfamiliar to both parties in a normal voice. The other gradually backs away and notes the distance at which he/she just no longer understands the gist of what is being read to him/her, that is, when he/she catches a scattered word or two in a ten-second period.
[i] 
The trial is repeated rotating reader and listener, and the distances averaged.
[ii] 
If the distance is over 20 m (65 feet), the noise level is less than 45 dBA and the site is good for housing and outdoor use.
[iii] 
If it lies between eight and 20 m (25 and 65 feet), the noise lies between 45 and 60 dBA, and so the location is acceptable for housing.
[iv] 
Distances between two and eight m (seven and 25 feet) indicate levels of 60 to 75 dBA, and the site can only be used for housing if the latter will have special insulation.
[v] 
Distances under two m (seven feet) means levels over 75 dBA, and the location is simply unusable for residence.
(d) 
Waiver from sound-level limits.
[1] 
The City recognizes that there are certain developments or activities associated with development for which noise control measures are not reasonably available. Therefore, the Planning Board, as part of the public hearing via the conditional use application as outlined in this section and process or as part of any project that is before the Board for approval, may grant a waiver from any of the sound-level limits, or other limitation or prohibition, contained in this regulation to some other limit upon:
[a] 
A showing by the applicant that a comprehensive assessment has been made of the available technologies for the development, expansion or modification and that the sound-level limits cannot practicably be met with any of these available technologies; and
[b] 
A showing by the applicant that noise easements for the affected premises are either not practical or not available; and
[c] 
A finding by the Planning Board that the proposed development will be not excessively incompatible with the surrounding neighborhood, will not unduly interfere with the normal enjoyment of abutting property, and will not create excessive noise at unreasonable hours.
[2] 
In addition, a waiver may be granted by the Planning Board if:
[a] 
A development is deemed necessary in the interest of public safety and the applicant has shown that the sound level cannot practicably be reduced or mitigated without unduly limiting the development's intended function; and
[b] 
A finding by the Planning Board that the proposed development will not be incompatible with the surrounding neighborhood, will not unduly interfere with the normal enjoyment of abutting property, and will not create excessive noise at unreasonable hours.
[3] 
The Planning Board shall consider the request for a waiver after the review of a completed development application by the Planning Board. In granting a waiver, the Planning Board may, as a condition of approval, impose terms and conditions to ensure that no unreasonable sound impacts will occur.
(e) 
Maximum noise levels (7:00 a.m. to 10:00 p.m./10:00 p.m. to 7:00 a.m.).
[1] 
Noise levels will not be specifically measured unless a request for a noise impact study is made by the Planning Board in the application phase, or unless a complaint is registered against a use. Measurements shall be made at the property line of the use generating the noise.
[a] 
Rural Districts: 60/60.
[b] 
Residential and Capitol-Commerce Districts: 60/60.
[c] 
Planned Development, Civic Center, Medical, and Government Services Districts: 60/60.
[d] 
Business and Industrial District: 60/60.
[2] 
Where the emitting and receiving premises are in different zones, the limits governing the stricter zone shall apply to any regulated noise entering that zone. 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.
(2) 
Smoke, odors, dust, fumes:
(a) 
Emission of dust, dirt, fly ash, fumes, vapors or gasses which could be injurious to human health, animals, or vegetation, detrimental to the enjoyment of adjoining or nearby properties, or which could soil or stain persons or property, at any point beyond the lot line of the commercial or industrial establishment creating that emission, shall be prohibited. In addition, no land use or establishment shall be permitted to produce harmful, offensive, or bothersome odors, scents, or aromas (such as, but not limited to, those produced by manufacturing processes, food preparation, food processing, fish sales, rendering, fermentation processes, decaying organic matter, and incinerators) perceptible beyond their lot lines, either at ground or habitable elevation. The location and vertical height of all exhaust fans, vents, chimneys, or any other sources discharging or emitting smoke, fumes, gasses, vapors, odors, scents or aromas shall be shown on the plan, with a description of the source materials. The Planning Board or Code Enforcement Officer may require a developer to submit detailed plans showing how this standard will be met.
(b) 
Bituminous mix plants, also known as asphalt plants, shall not be sited within 2,500 feet of an existing residential property. Measurement shall be the shortest distance possible from the plant to the nearest point of the residential property line.
B. 
Water quality.
(1) 
General drainage and erosion control standards.
(a) 
Intent/applicability.
[1] 
All development in the City is required to control runoff and prevent erosion and sedimentation. An adequate drainage and erosion control system shall be provided, including temporary and/or permanent appurtenances as necessary, such as swales, ditches, mulch, hay bales, erosion control mesh, sedimentation basins, detention/retention basins, culvert/underdrain/stormwater conveyance pipes, catch basins, and manholes, to assure that stormwater and other surface flows are effectively conveyed from the development and that groundwater is intercepted and conveyed from the development and that groundwater is intercepted and conveyed away from the street aggregate base/subbase in compliance with the guidelines contained herein and all other requirements of these standards.
[2] 
All development will require consultation between the Stormwater Management Board and developers. The Stormwater Management Board is comprised of representatives from the City Engineering, Public Works and Planning Bureaus as well as the Augusta Sanitary District. Consultation is strongly recommended after the conceptual design of the project is completed. Analyses will be based on applicant's data and data available from the district and the City with regard to soils, land use, and existing stormwater flows. Analysis will be conducted on a watershed and subwatershed basis determined by the district and the City.
[3] 
No newly created stormwater may be discharged onto private property without the property owner's permission (easement required) or in a City street.
[4] 
Any project that utilizes an existing developed site will be required to assess the stormwater needs of that site regardless of the existing conditions of the site or the presence of stormwater utilities. Any site that does not have district facilities within a reasonable distance will require a plan that addresses the lack of these utilities via runoff controls.
[5] 
In addition to the studies established by the Stormwater Management Board, the project proponent must also satisfy the needs and criteria of other agencies which have permit power over the proposed project. These include federal (Corps of Engineers, etc.) and state (Stream Alteration, Wetlands, Site Review, etc.). The City and the district shall be provided with a copy of all data submitted to other permitting agencies.
(b) 
Classifications. See Technical Standards Handbook.
(c) 
Erosion and sediment control and stormwater management plans.
[1] 
The erosion and sediment control plan shall be designed in accordance with the Maine Erosion and Sediment Control Handbook for Construction, current revision, prepared by the Maine Department of Environmental Protection and with the requirements of the standards found in the Technical Standards Handbook.
[2] 
Applications submitted pursuant to Part 4, Subdivision and Site Plan Review, and Part 3, Zoning, for projects which will expose more than 60,000 square feet of soil at one time or which will produce more than 10,000 square feet of additional impervious surface must submit a stormwater management plan to the Stormwater Management Board.
[3] 
Performance standard. See Technical Standards Handbook (§ 300-602).
(2) 
Stormwater runoff standards.
(a) 
All development applications shall contain a drainage system plan to include profiles, typical cross sections, and typical detail drawings of drainage structures, and be designed by a State of Maine registered professional engineer. The plan shall show underdrain, storm drain pipes, catch basins, manholes, ditches, culverts, easements, and other proposed drainage system improvements with a statement in writing attached to the drainage system plan indicating that the proposed development will not create erosion, drainage, or runoff problems either in the development or adjacent properties. All hard-piped drainage systems shall be designed and constructed to the Augusta Sanitary District Specifications.
(b) 
See Subsection B(1)(c)[2] of this section.
(c) 
See Technical Standards Handbook for additional standards.
(d) 
Buffer requirements.
[Amended 4-20-2017 by Ord. No. 17-069]
[1] 
The following items outline buffer requirements along general surface water resource areas and outline specific standards for stormwater runoff in shoreland areas:
[a] 
No less than a fifty-foot buffer shall be maintained adjacent to wetlands, brooks and streams not covered by other regulations in this chapter.
[b] 
Stormwater runoff control systems shall be maintained as necessary to ensure proper functioning.
(e) 
In shoreland areas:
[1] 
All new construction and development shall be designed to minimize stormwater runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas, shall be retained in order to reduce runoff and encourage infiltration of stormwaters.
[2] 
See parking lot standards for shoreland areas, § 300-513B(4).
(3) 
Phosphorous control standards.
[Amended 4-20-2017 by Ord. No. 17-069]
(a) 
All uses outlined in the Table of Dimensional Limits (Performance Zoning) in the Ponds District (§ 300-315.3) shall design their sites to reduce phosphorous export into the lakes. In addition to the maximum density and development ratios outlined in that table, one or more phosphorous export reduction mechanisms shall be utilized. The following are approved methods for controlling phosphorous export in the City of Augusta (in order of preference):
[1] 
Reduce or minimize road and/or driveway length.
[2] 
Reduce number of lots; increase lot size.
[3] 
Limit clearing of vegetation.
[4] 
Leave or implement buffer strips around cleared areas and along water bodies.
[5] 
Construct infiltration systems to treat stormwater from individual lots, soils permitting.
[6] 
Construct wet ponds to treat runoff from large drainage areas.
(b) 
The maximum permitted phosphorous export (phosphorous allocation) by subwatershed is outlined in Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(c) 
All projects in the ponds watershed, except residential developments of four lots/units or less and having road and driveway lengths within the limitations outlined in § 300-315.3B, shall be designed in accordance with Phosphorous Control in Lake Watersheds: A Technical Guide to Evaluating New Development, Maine DEP, September 1989, as amended.
(4) 
Groundwater protection standards.
Commentary: The City has a set of Sensitive Areas Maps which includes a Water Related Resources Map drawn on a 100 scale topographic base map. A study accompanies the map and describes what is known about groundwater resources in Augusta. A report was written by the Maine Bureau of Geology — Reconnaissance of Ground Water Resources and Surficial Geology of the Southern Kennebec Region. This report, based on records from well-drilling firms and geological field investigations, identifies the major groundwater resources that appear to be available in Augusta. Identified are aquifers with expected yields of 10 gallons or more per minute located in sand or gravel or in bedrock, and aquifer recharge zones, or areas of permeable material (usually sand or gravel) which permit rapid percolation of quantities of water necessary to recharge the supply. The 1988 Growth Management Plan identifies a Resource Conservation and Use Overlay Zone over aquifer areas. Standards for development will be listed in Part 5, Article VIII, Overlay Zoning Standards, of this chapter.
(a) 
For major developments and major subdivisions, the Planning Board may apply the groundwater standards applicable to mobile home/manufactured housing parks as outlined in § 300-524D(16).
[Amended 1-21-1992 by Ord. No. 303; 8-3-1992 by Ord. No. 571; 5-6-2002 by Ord. No. 211; 8-4-2003 by Ord. No. 86]
A. 
Landscape elements, such as but not limited to retaining walls, fences, light poles and other ornamental structures used to signify entrance to a property, will be allowed to be installed adjacent to a property line, right-of-way line or utility easement, where one exists, without setback. Naming or identification signs (as opposed to advertising or promotional signs) may be placed on such entrance structures and need not meet the setback requirements for signs as listed in § 300-516D(2) so long as the sign does not protrude into any part of the right-of-way.
(1) 
When such structures are to be placed adjacent to the street right-of-way, approval shall be obtained from the Director of Development Services. The property owner or any subsequent property owner of the land on which the street-fronting wall (or other above-noted structure) is located must agree to indemnify and save harmless the City against loss, cost, damage or expense occurring by reason of the erection or maintenance of such wall or structure.
[Amended 4-20-2017 by Ord. No. 17-068]
(2) 
Where such structures are to be placed adjacent to private (abutting) property lines, the applicant shall obtain a construction, maintenance and repair easement from the affected abutting property owner(s) which shall be filed at the Registry of Deeds.
B. 
Signs shall be governed by the setback requirements of § 300-516, Street graphics; signs.
C. 
Except where setbacks are specified in the dimensional requirements of a zoning district; or except where other provisions of this chapter impose stricter setback or yard or buffer yard requirements, or except for required egress structures, or except for structures within the KBD1 District (for which there shall be no setback requirements for any structure, including, but not limited to, any setback requirements for public pedestrian walkways and their structural elements proposed to be built over, adjacent to, or within a public right-of-way), no structure shall be located within the following limits:
(1) 
Within 10 feet of the right-of-way line or utility easement where one exists on any street within the City except as specified below or in zoning district regulations or by deed restrictions.
(2) 
Within 10 feet of any new right-of-way line made necessary by construction or reconstruction of any street or right-of-way or utility easement where one exists within the City.
(3) 
In the Capitol Planning Area, except in the Capitol-Commerce Districts [see § 300-314.2A(3)], within 10 feet of the side and rear property lines in the Residential Zone; within 15 feet of the rear property lines and 20 feet of the side property lines in the Statehouse Zone.
(4) 
Outside the Capitol Planning Area, within five feet of the lot line on the sides not abutting the streets; provided, however, that where commercial uses are located on adjacent lots, such setback may be reduced to zero feet, provided that the owners of such adjacent lots enter into a construction, maintenance and repair easement or agreement, binding on each such owners, recorded at the Kennebec County Registry of Deeds, and providing that such agreement may not be amended or modified without the agreement of both such owners and the City Engineer. Where residential accessory structures, such as sheds, pools, landscape retaining walls and garages, cannot meet the required side and/or rear setbacks due to lot size, topographic constraints, etc., the accessory structure may be built within the minimum yard area, provided that the property owner obtain a construction, maintenance and repair easement from the affected abutting property owners.
(5) 
Within 20 feet of the right-of-way line of University and Community Drives; and within 10 feet of the side and rear lot lines of properties on University and Community Drives.
(6) 
Within 15 feet of the right-of-way of the following streets in the Capitol Planning Area:
[Amended 4-20-2017 by Ord. No. 17-068]
Streets in Capitol Planning Area
Birchwood Road
Burleigh Street
Center Street
Chamberlain Street
Child Street
Columbia Street
Federal Street
Gage Street
Glendon Street
Glenwood Street (northerly side, 3 lots deep from State Street)
Grand Street
Hichborn Street
Higgin Street
Jackson Street (northerly side)
Manley Street (1 lot deep from State Street)
Page Street
Powhattan Street
Valley Street
Wade Street
(7) 
Within 25 feet of the right-of-way of a collector street, namely:
[Amended 4-20-2017 by Ord. No. 17-068]
Collector Streets
Airport Road
Bond Brook Road
Church Hill Road
Cony Road
Cony Street (Cony Circle to Cony Road)
Hicks Road
Leighton Road
Northern Avenue
Old Winthrop Road
Sewall Street
South Belfast Avenue
Stevens Road
Townsend Road
Union Street
West River Road
Whitten Road
Winthrop Street
(8) 
Within 35 feet of the right-of-way of an arterial street, namely:
[Amended 4-20-2017 by Ord. No. 17-068]
Major and Minor Arterials
Alfond Connector
Armory Street
Bangor Street
Bond Street
Capitol Street
Civic Center Drive
Cony Street (Kennebec River to Cony Circle)
Eastern Avenue
Hospital Street
I-95
Memorial Bridge Drive
Mount Vernon Avenue
North Belfast Avenue
Old Belgrade Road
Riverside Drive
State Street
Stone Street
Western Avenue
[Amended 1-21-1992 by Ord. No. 303; 7-20-1992 by Ord. No. 550; 12-6-1993 by Ord. No. 311; 3-21-1994 by Ord. No. 412; 5-16-1994 by Ord. No. 471; 7-18-1994 by Ord. No. 545; 6-20-1994 by Ord. No. 546; 3-6-1995 by Ord. No. 23; 9-18-1995 by Ord. No. 214; 9-9-1996 by Ord. No. 555; 8-4-2003 by Ord. No. 87; 11-20-2006 by Ord. No. 185; 9-2-2008 by Ord. No. 141; 11-17-2011 by Ord. No. 11-150; 8-2-2012 by Ord. No. 12-120; 2-7-2013 by Ord. No. 13-009]
A. 
Statement of purpose. The purpose of this section is to create the legal framework for a comprehensive and balanced system of street graphics that will preserve the right of free speech and expression, provide an easy and pleasant communication between people and their environment, and avoid the visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance. With these purposes in mind, it is the intent of this chapter to authorize the use of street graphics that are:
(1) 
Appropriate to the activity that displays them;
(2) 
Expressive of the identity of individual activities and the community as a whole;
(3) 
Promote the free flow of traffic and protect pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to, cluttered, distracting, or illegible signage;
(4) 
Promote the use of signs which are aesthetically pleasing, of appropriate scale, and integrated with surrounding buildings and landscape, in order to meet the community's expressed desire for quality development; and
(5) 
Legible in the circumstances in which they are seen.
B. 
Noncommercial signs and messages. Any street graphic that can be displayed under the provisions of this chapter may contain a noncommercial message.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ABOVE-ROOF GRAPHIC
A street graphic displayed above the peak or parapet of a building.
ACTIVITY
An economic unit designated in the classification system given in the North American Industrial Classification System (NAICS) Manual published by the U.S. Department of Commerce.
ANIMATION or ANIMATED
(See also "changeable copy" and "movement.") The movement or the optical illusion of movement of any part of the street graphic structure, design, or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity.
ARCHITECTURAL DETAIL
(See also "signable area," "wall graphics" and "roof graphics.") Any projection, relief, cornice, column, change of building material, window, or door opening on any building.
ARCHITECTURAL, HISTORIC OR SCENIC AREA
An area that contains unique architectural, historic, or scenic characteristics that require special regulations to ensure that street graphics displayed within the area enhance its visual character and are compatible with it.
AWNING
A cloth, plastic, or other nonstructural covering that either is permanently attached to a building or can be raised or retracted to a position against the building when not in use.
BANNER
A street graphic composed of a logo or design on a lightweight material enclosed in a rigid frame and secured or mounted to not allow motion caused by the atmosphere.
BARE-BULB ILLUMINATION
A light source that consists of light bulbs with a twenty-watt maximum wattage for each bulb.
BUILDING
A structure having a roof supported by columns or walls.
CAMPUS
A single business, nonprofit, or other entity located on a single lot or controlling the development of lots (as in a retail power center) spread across a large area with on-site roads connecting separate buildings or uses.
CANOPY
(See "awning.")
CHANGEABLE COPY
Copy that changes at regular or irregular intervals, either manually or digitally.
DIRECTIONAL GRAPHIC
A street graphic at the exit or entrance of a premises that has two or more driveways, or along the internal transportation network of a campus or shopping center style development.
EXTERNAL ILLUMINATION
Illumination of a sign that is affected by an artificial source of light not contained within the sign itself.
FACADE
(See also "signable area.") The side of a building below the eaves.
FACADE, BLANK
The side of a building below the eaves that is blank and does not have windows or architectural detail.
FLASHING ILLUMINATION
Illumination in which the artificial source of light is not maintained stationary or constant in intensity and color at all times when a street graphic is illuminated, including illuminated lighting.
GRAND OPENING GRAPHIC
A banner displayed on a premises on which a grand opening is in progress.
GRAPHIC
A street graphic or special street graphic, as defined by this chapter.
GROUND GRAPHIC
A street graphic supported by one or more uprights, posts, or bases placed upon or affixed in the ground and not attached to any part of a building. It includes a pole graphic and a monument graphic.
HEIGHT
The vertical distance measured from grade at the edge of the adjacent right-of-way to the highest point of the street graphic.
ILLUMINATION or ILLUMINATED
A source of any artificial or reflected light, either directly from a source of light incorporated in or indirectly from an artificial source, so shielded that no direct illumination from it is visible elsewhere than on and in the immediate vicinity of the street graphic.
INDIRECT ILLUMINATION
A source of external illumination, located away from the sign, that lights the sign, but which is itself not visible to persons viewing the sign from any street, sidewalk or adjacent property.
INTERNAL ILLUMINATION
A light source that is concealed or contained within the street graphic and becomes visible in darkness through a translucent surface.
ITEM OF INFORMATION
A word, an initial, logo, abbreviation, number, symbol, or geometric shape.
MARQUEE
A permanent structure, other than a roof, attached to, supported by, and projecting from a building and providing protection from the elements.
MONUMENT GRAPHIC
A ground graphic permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted on a pole or poles.
MOVEMENT
(See also "animation.") Physical movement or revolution up or down, around, or sideways that completes a cycle of change.
MULTI-USE BUILDING
A building consisting of more than one nonresidential use.
NEON TUBE ILLUMINATION
A source of light for externally lit street graphics supplied by a neon tube that is bent to form letters, symbols, or other shapes.
NONCONFORMING STREET GRAPHIC
A street graphic that was lawfully constructed or installed prior to the adoption or amendment of this chapter and was in compliance with all of the provisions of this chapter then in effect, but which does not presently comply with this chapter. A street graphic is nonconforming only if its size, height, or setback exceeds the size, height, and setback regulations in this chapter by more than 10%. If a premises has more street graphics than this chapter allows, any street graphic in excess of that number is nonconforming. The owner of the premises shall register with the Department of Development Services the street graphics it designates as nonconforming.
OCCUPANT
A use located in a multi-use building or shopping center.
PEAK
The highest point on a roof or the highest point on another architectural element that blocks the rear view of a street graphic.
POLE GRAPHIC
A freestanding street graphic that is permanently supported in a fixed location by a structure of poles, uprights, or braces from the ground and not supported by a building or a base structure.
PORTABLE GRAPHIC
A street graphic not permanently attached to the ground or a building or designed to be permanently attached to the ground or a building.
PREMISES
The lot or lots, plots, portions, or parcels of land considered as a unit for a single use or development, whether owned or leased, and not located in a shopping center or multi-use building.
PROJECTING GRAPHIC
A street graphic attached to and projecting from the wall of a building and not in the same plane as the wall.
ROOF GRAPHIC
(See also "above-roof graphic.") A street graphic that is displayed above the eaves and under the peak of a building.
SHOPPING CENTER
A nonresidential development under unified control consisting of three or more separate nonresidential establishments sharing a common building, or which are in separate buildings that share a common entranceway or parking area.
SIGNABLE AREA FOR PROJECTING GRAPHICS AND AWNINGS
One area enclosed by a box or outline; or within a single continuous perimeter composed of a single rectangle, circle, triangle, or parallelogram enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures.
SIGNABLE AREA FOR ROOF AND WALL GRAPHICS
One area free of architectural details on the facade of a building or part of a building, which shall include the entire area enclosed by a box; or within a single continuous perimeter composed of a single rectangle, circle, triangle, or parallelogram enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures. A "facade" is the side of a building below the eaves.
SIZE
The total area of the face used to display a street graphic, not including its supporting poles or structures. If a graphic has two faces that are parallel, not more than two feet apart, and supported by the same poles or structures, the size of the graphic is 1/2 the area of the two faces.
SPECIAL EVENT GRAPHICS/SPECIAL STREET GRAPHIC
A street graphic, other than a ground, roof, or wall graphic, regulated by Subsection H of this section.
STREET GRAPHIC
A lettered, numbered, symbolic, pictorial, or illuminated visual display, not located inside a structure, designed to identify, announce, direct, or inform that is visible from a public or private right-of-way, including internal circulation roads for mall or campus-style settings. At least one item of information must be present in order for the display to be defined as a "street graphic."
TEMPORARY WINDOW GRAPHIC
A window graphic displayed for a limited period of time.
TOWN CENTER
The central business district designated by Part 3, Zoning, of this chapter.
WALL GRAPHIC
A street graphic attached directly to an exterior wall of a building or dependent upon a building for support, with the exposed face of the graphic located in a place substantially parallel to the exterior building wall to which the graphic is attached or which supports the graphic.
WINDOW GRAPHIC
A street graphic applied, painted or affixed to or in the window of a building. A window graphic may be temporary or permanent.
D. 
Ground graphics.
(1) 
Where permitted and limitation on number. A premises may display ground graphics for on-premises activities in the following zoning districts and with the following restrictions on number of ground graphics:
(a) 
In the CB, CC, CD, GS, IA, KBD2, MED, and PD, one on each street or highway on which the premises has frontage.
(b) 
Only one ground graphic in the BP, RBV, RC, RD, and RV on one street or highway on which the premises has frontage.
(c) 
Only one ground graphic in the PD2, RA, RB1, RB2, RPDS, RR, RR2, RRES, and only when no other street graphics are erected, constructed, or placed on the premises.
(d) 
All shoreland overlay zoning districts shall have the same limitations on the number of ground graphics as the underlying base district.
(2) 
Size, setback, and height regulations. Ground graphics must comply with the following size, setback, and height regulations. Size shall be reduced by 10% for every 10 feet, or portion thereof, that a sign does not meet the proper distance between ground graphics in Subsection D(4).
[Amended 5-1-2014 by Ord. No. 14-077]
District
Size
(square feet)
Setback
(side and rear only)
(feet)
Height
(feet)
CD, PD, IA
200
10
25
CB, CC, KBD2, MED, PD2, RBV
120
10
25
GS, KBD1, KL, RD, RV
50
10
15
BP, RA, RB1, RB2, RC, RPDS, RR, RR2, RRES
15
10
15
All shoreland zoning districts, except GD
12
10
15
GD Shoreland Zoning District
Regulations shall be identical to the underlying base zoning district
(3) 
A premises that displays a monument graphic as its only ground graphic may increase its size by up to 10%.
(4) 
Distance between ground graphics. A ground graphic shall be at least 75 feet from any other ground graphic where the speed limit on the adjacent road is 35 mph or less. A ground graphic shall be at least 150 feet from any other ground graphic where the speed limit on the adjacent road is 36 mph to 45 mph. A ground graphic shall be at least 300 feet from any other ground graphic where the speed limit on the adjacent road is more than 45 mph. These distances may be reduced, provided there is a corresponding reduction in the size of the sign, as outlined in Subsection D(2) of this section.
(5) 
Shopping centers or campus style development. A shopping center or campus style development may display one ground graphic at each exit and entrance. A ground graphic displayed by a shopping center may exceed the area limitations for ground graphics by 25% if there are two businesses, 50% if there are three businesses, or 75% if there are more than three businesses. In no case shall any ground graphic for a single business be larger than the size allowed for a single business in the table in Subsection D(2) of this section. In no case shall the total size of the ground graphic be greater than 275 square feet. Occupants that do not have shared parking within a shopping center may display one ground graphic along the private road frontage near the entrance to their designated parking area in accordance with all provisions of this chapter.
(6) 
Multi-use buildings. A multi-use building may have one ground graphic facing each street or highway on which the building has frontage, if no individual ground graphics are displayed by the occupants of the multi-use building. The maximum size restriction for such ground graphic may be increased by 25% if there are two businesses, 50% if there are three businesses, or 75% if there are more than three businesses. In no case shall any ground graphic for a single business be larger than the size allowed for a single business in the table in Subsection D(2) of this section. In no case shall the total size of the ground graphic be greater than 275 square feet.
(7) 
Auto dealers. Auto dealers may install one ground graphic per franchise dealership they hold plus one additional ground graphic beyond the number of franchises they hold. No single ground graphic may be larger than the size allowed by Subsection D(2) of this section.
(8) 
Landscaping. A landscaped area located around the base of the ground graphic equal to 2.5 square feet for each square foot of ground graphic area is required for all ground graphics. The landscaped area shall contain living landscape material consisting of shrubs, perennial ground cover plants, or a combination of both, placed throughout the required landscape area having a spacing of not greater than three feet on center. Where appropriate, the planting of required deciduous or evergreen trees, installed in a manner that frames or accents the ground graphics structure, is encouraged.
E. 
Wall and roof graphics.
(1) 
Where permitted. In the following zoning districts, a premises and each occupant of a shopping center or multi-use building may display wall or roof graphics, or a combination of both, on walls or roofs adjacent to each street, patron parking area consisting of more than 15 parking spaces, or highway on which it has frontage: all base zoning districts.
(2) 
Signable area designation. The person displaying the street graphic shall select one signable area on each facade of the building that faces a property line that has frontage on a street or highway. As used in this subsection, a "signable area" is an area within a single continuous perimeter composed of a single rectangle, circle, triangle, or parallelogram enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures. The signable area is used to determine the size of the permitted street graphic, but not necessarily the location of the street graphic.
(a) 
If the signable area exceeds 50% of the total area of the facade, the signable area that may be used shall be reduced to 30% of the calculated signable area. In no case shall the signable area be greater than 500 square feet.
(b) 
In all shoreland overlay districts, except the GD District, the signable area shall not exceed 12 square feet. In the GD Shoreland Overlay District, the signable area shall be identical to that of the underlying base zoning district.
(3) 
Sign structure or graphic display area allowed. The aggregate area of the wall and roof graphics a premises displays shall not exceed the following percentages of the signable area:
(a) 
In the KBD1 district, 40% of the signable area. In all other districts, 60% of the signable area.
(4) 
How displayed. The sign structure or graphic display area may be displayed as one or divided among two or more wall or roof graphics. If more than one wall or roof graphic is displayed, the total number of items of information displayed when aggregated shall not exceed the standard in Subsection J of this section.
(5) 
Additional limitations. The following additional limitations apply to projecting graphics:
(a) 
Wall graphics may be painted on or attached to or pinned away from the wall, but must not project from the wall by more than 12 inches and must not interrupt architectural details.
(b) 
Roof graphics must not be more than 35 feet above grade.
(c) 
Wall and roof graphics may not include electronic or digital changeable copy.
F. 
Projecting graphics.
(1) 
Where permitted. A premises, and each occupant of a shopping center or multi-use building, that does not display a ground graphic may display one projecting graphic on each street or highway frontage in the following zoning districts: all zoning districts.
(2) 
Size of projecting graphics. Projecting graphics must comply with the following size regulations:
(a) 
In all base districts, projecting signs shall be no larger than 50 square feet.
(b) 
Projecting graphics shall not project above the roofline or 18 feet above grade, whichever is lower.
(3) 
Signable area. Any signable area selected for display as a projecting graphic shall not exceed and shall be subtracted from the signable area allocated to wall and roof graphics permitted for each premises and each occupancy under Subsection E of this section.
(4) 
Additional limitations. The following additional limitations apply to projecting graphics:
(a) 
Projecting graphics must clear sidewalks by at least nine feet and may project no more than six feet from a building or the width of the sidewalk, whichever is less.
(b) 
Projecting graphics must be pinned away from the wall at least six inches and must project from the wall at an angle of 90°.
(c) 
Projecting graphics may not extend vertically above the windowsill of a third story.
G. 
Awnings and marquees.
(1) 
Where permitted. A premises, and each occupant of a shopping center or multi-use building, may display an awning on each street or highway frontage in the following zoning districts: all base zoning districts.
(2) 
Signable area. A street graphic may be displayed on one signable area selected for display on an awning. It shall not exceed 40% of the area of the principal face of the awning and shall not exceed and shall be subtracted from the signable area selected for wall and roof graphics permitted for each premises and each occupancy under Subsection E of this section.
(3) 
Height and width. Awnings must clear sidewalks by at least eight feet and may extend to within one foot of the vertical plane formed by the curb or the right-of-way line.
H. 
Special street graphics.
(1) 
Special event graphics. A premises, or an occupant of a shopping center or multi-use building, may display one or more special event graphics, with no size or height limitations, for no more than 14 days during any ninety-day period.
(2) 
Window graphics. (Reserved)
(3) 
Directional graphics. A premises, or an occupant of a multi-use building, may display one directional graphic at each entrance or exit not more than two square feet on two-lane streets or highways and on any highway with a posted travel speed less than 35 miles per hour, and not more than four square feet on multilane roads and on any highway with a posted travel speed greater than 35 miles per hour. Within a shopping center or campus style development, additional directional signage may be placed on site, which may be up to 45 square feet, but may not include items of information larger than six inches in height, must have all text in the same font, font size, and color for the entire street graphic with bold and italics in the same font allowed, may not be within 100 feet of a public road or street, and may not include an electronic message center or changeable copy.
(4) 
Sandwich board graphics. A premises, or an occupant of a multi-use building, may display one sandwich board graphic if located in the KBD1, KBD2, and RD Districts. The following shall apply to all sandwich board signs:
(a) 
The sandwich board shall measure no more than 24 inches wide and be between 30 and 40 inches tall; and
(b) 
May not be more than 20 feet from the public entrance to the premises or occupant of a multi-use building with which it is associated; and
(c) 
Shall not reduce the usable width of a public sidewalk to less than 4 1/2 feet; and
(d) 
Shall not be placed within 20 feet of another sandwich board graphic; and
(e) 
Shall be placed at the edge of the curb; and
(f) 
Shall not obstruct or obscure vehicular stops, benches, fire hydrants, planters, or other street furniture and amenities requiring access; and
(g) 
Shall be secured to prevent tipping; and
(h) 
Shall not be electrified or have any moving parts; and
(i) 
Shall be constructed of durable, weather-resistant material, finished and maintained in a clean and original appearance.
(5) 
Manual changeable copy street graphics. Manual changeable copy street graphics shall meet the following standards:
(a) 
Shall be permitted only in the following base zoning districts: BP, CB, CC, CD, KBD2, IA, PD, PD2, RC, RD, and RV.
(b) 
Shall not comprise more than 50% of the total area of a ground graphic, except for movie theaters, where they may comprise 80% of the total area of a ground graphic.
(c) 
Shall be exempt from the items of information allowance in Subsection J of this section.
(d) 
Shall be permanently affixed to the ground or structure.
(6) 
Electronic message center. Electronic message center (EMC) shall meet the following standards:
(a) 
Shall be permitted only in the following base zoning districts: CB, CC, CD, KBD2, IA, PD, RD, and RV.
(b) 
Shall not comprise more than 50% of the total area of a ground graphic.
(c) 
Shall be exempt from the items of information allowance in Subsection J of this section.
(d) 
Shall be permanently affixed to the ground or structure.
(e) 
Shall not have a message that changes more often than once every four seconds.
(f) 
Shall have automatic dimming capability that adjusts to the brightness of ambient light at all times of the day and night.
(7) 
Temporary street graphics. Temporary street graphics shall be allowed in the following manner:
[Amended 3-6-2014 by Ord. No. 14-037]
(a) 
Contractor. One sign placed at a property where a contractor(s) is performing work may be installed without a permit as follows:
[1] 
Sign shall not be larger than 24 inches by 18 inches, unless multiple contractors are working on the job and will create a common sign for all contractors. A project with multiple contractors displayed on a single sign shall not be larger than 48 inches by 96 inches.
[2] 
Signs shall not be placed more than seven calendar days prior to the start of a contractor's job and shall be removed within seven calendar days of the completion of the job. Signs for jobs that require a building permit are considered to start on the date the building permit is issued and end on the date a certificate of occupancy is issued. Signs for jobs that do not require a building permit shall not be placed for more than 30 calendar days during any one calendar year.
(8) 
Banner and light pole street graphics. On private property or along private roads, owners may attach banners or other street graphics to up to 50% of the light poles in a parking field or along a private road. The banners or other street graphics may change up to four times a year without getting a new permit beyond the initial permit required. Each banner or other street graphic may be up to 15 square feet in area, and no pole may have more than two banners or one other street graphic attached. Banners and other street graphics attached to light poles may not have points of attachment to more than one light pole.
(9) 
Service organization signs. The City shall allow official signs within the public right-of-way for international service organizations that have chapters and organized meetings within the City, but don't own or rent permanent space, as follows:
[Added 3-6-2014 by Ord. No. 14-037]
(a) 
Sign dimensions shall meet Maine DOT Official Business Directory sign dimensions and specifications; or
(b) 
Round signs shall not exceed 18 inches in diameter.
(c) 
All signs shall be installed in locations and a manner approved by the City Public Works Director, who may require that signs be installed only by the Public Works Department.
I. 
Illumination and movement.
(1) 
Movement prohibited. A street graphic may not be animated or give the illusion of animation and may not have exposed bare-bulb or flashing illumination.
(2) 
Illumination permitted. A street graphic may be illuminated in the following zoning districts:
[Amended 5-1-2014 by Ord. No. 14-077]
RA, RB1, RB2, All Shoreland Zones
(except GD Zone)
KBD1, KBD2, RBV, Shoreland GD, Business Professional
CB, CC, CD, MED, PD, PD2, KL, IA, RD, RC, RR, RRES, RPDS, RV, RR2
External illumination only
Internal and external illumination
Internal and external illumination
(3) 
Illumination requirements. A permanent street graphic may be nonilluminated, illuminated by internal, internal indirect or external indirect illumination. Street graphics that are externally lit shall be illuminated only with steady, stationary, down-directed, and shielded light sources directed solely onto the sign.
(4) 
Glare. Any lighting fixture on a street graphic that is located within 10 feet of the line of a residential zoning district or an existing residential use, or within 10 feet of a public right-of-way, shall be aimed away from the property line, residential use or zoning district or public right-of-way; classified as an IESNA Type III or Type IV lighting fixture; and shielded on the side closest to the property line, residential use, zoning district, or public right-of-way.
(5) 
Special district standards.
[Amended 5-1-2014 by Ord. No. 14-077]
(a) 
Internal illumination color requirements. In the Medical (MED), Kennebec Locks (KL) and Riggs Brook Village District (RBV), all internally illuminated signs must use a dark-colored background with a light-colored copy.
J. 
Items of information allowance.
(1) 
Items of information allowed. Each street graphic displayed on a premises or by an occupant of shopping center or multi-use building may contain up to 15 items of information.
(2) 
Exclusions. The following do not count as items of information:
(a) 
Any item two inches or less in height that would otherwise qualify as an item of information.
(b) 
Letters carved into or securely attached in such a way that they are:
[1] 
Not illuminated apart from the building, are not made of a reflecting material, and do not contrast sharply in color with the building; and
[2] 
Do not exceed two inches in thickness.
(c) 
Changeable copy.
K. 
Street graphics prohibited. The following street graphics are prohibited:
(1) 
Graphics which, by color, location, or design, resemble or conflict with traffic control signs or signals.
(2) 
Above-roof graphics.
(3) 
Any other street graphic not permitted by this chapter.
L. 
Street graphics exempt. The following street graphics are exempt from the regulations contained in this chapter:
(1) 
Street graphics required by law, including E911 assigned addresses with numbers and letters 12 inches in height or less; and
(2) 
Public notices or other street graphic required by a governmental entity; and
(3) 
Any street graphic integrated into or on a coin-operated machine, vending machine, gasoline pump, parking lot cart corral, or telephone booth; and
(4) 
A street graphic that cannot be viewed and read by a person with 20/20 vision from a public or private right-of-way or access road; and
(5) 
A street graphic no larger than four square feet placed at the entrance and/or exit of a property to a public or private right-of-way that conveys directional information; and
(6) 
A single street graphic offering for sale the real estate on which it is displayed, with the following size limitations:
All Residential Zones and Shoreland Zones (other than GD Zone)
(square feet)
KBD1, KBD2 and Business Professional
(square feet)
CB, CC, CD, MED, PD, PD2, IA, RR, RRES, RPDS, RV, RR2
(square feet)
6
20
32
(7) 
A street graphic less than two square feet in size posting a property for no trespassing, no hunting, no fishing, or other similar restrictions of public use on private property; and
(8) 
A ground graphic posted in the public right-of-way of a street and categorized as an official business direction sign (OBDS) as per 23 M.R.S.A. § 1906 shall be permitted under the following conditions:
(a) 
Shall adhere to all Maine Department of Transportation rules;
(b) 
Shall not exceed one foot by four feet;
(c) 
Owners of property within 200 feet of the prospective OBDS in the following districts shall be notified and afforded 14 calendar days for comment: RA, RBI, RB2, RBV, RC, RD, RR, RR2, RRES, RPDS.
(d) 
Evidence shall be provided by the applicant or the State of Maine that the proposed OBDS is within a public right-of-way.
(e) 
Inside the urban compact, OBDS shall be allowed in the following locations:
Name of Street
Location
Western Avenue
From Whitten Road west to the City limits
Riverside Drive
Eastern Avenue
From a point 1,500 feet west of Cony Road to the compact area limits
Northern Avenue
From a point 1,500 feet south of Townsend Road to its terminus at West River Road
West River Road
Mount Vernon Avenue
From Bond Street to a point 1,500 feet south of its intersection with Bond Brook Road
Civic Center Drive
From Bond Brook Road to the compact area limits
Prescott Road
Leighton Road
Townsend Road
Whitten Road
Old Belgrade Road
Hospital Street
Old Winthrop Road
West of the I-95 overpass
Route 3
[Added 4-2-2015 by Ord. No. 15-057]
From a point 1,500 feet east of West River Road to a point 1,500 feet west of Riverside Drive.
(9) 
A street graphic carried by a person; and
(10) 
A street graphic where the items of information measure two inches in height or less on any door used to access a business.
M. 
Nonconforming street graphics.
(1) 
Street graphics that are nonconforming due to their size, height, location on a building, lighting, or exceed the number of signs allowed on a site shall be brought into conformance by the owner within 10 years of the effective date of this chapter. Any street graphic that received a variance from a previous ordinance shall not be considered nonconforming.
(2) 
Nonconforming signs may be removed for repair, but shall not have a change in copy or location without coming into full conformance with this chapter.
(3) 
When the owner(s) of a sign close their doors to the public for more than 60 calendar days, or otherwise cease operations, they shall:
(a) 
Remove all nonconforming signage and sign-supporting structures within 180 days from the day of closure; and
(b) 
Remove all conforming signage and sign supporting structures within 365 days from the date of closure.
N. 
Installation, maintenance and removal.
(1) 
All street graphics shall be erected, constructed, applied, fastened, supported, and maintained so they shall in no way endanger, obstruct, or inconvenience pedestrian or vehicular traffic; be a hazard to people or property; or present a derelict appearance.
(2) 
Signage which fails to meet the requirements of this chapter and/or threatens the safety of the public shall be made safe, upgraded, or removed upon written notice of the Code Enforcement Officer. Corrective action shall be taken by the sign owner/lessee.
(3) 
Derelict street graphic structures. Remove all conforming or nonconforming street graphic structures that are not in use by the present owner of the property for the purpose of displaying a street graphic. For such structures in existence at the time of passage of this chapter, removal shall occur within 365 days of the effective date of this chapter. For such structures that come into existence after the effective date of this chapter, removal shall occur within 180 days of the removal of a street graphic from the structure.
O. 
Permits.
(1) 
Permit required. No person shall erect or display a street graphic unless the Code Enforcement Officer has issued a permit for the street graphic or this section exempts the street graphic from the permit requirement.
(2) 
Application. A person proposing to erect or display a street graphic shall file an application for a permit with the Code Enforcement Officer. The Code Enforcement Officer shall have the authority to create an application form that requires the information necessary to establish compliance with this chapter, including but not limited to sketch drawings of the proposed street graphic that include all dimensions of the proposed graphic.
A. 
Intent. A traffic impact analysis shall be provided to include a determination of the travel demand generated by the development, the identification of deficiencies in the existing and proposed transportation systems, and the identification of the improvements necessary to maintain acceptable levels of service, in order to help prevent deterioration in the quality of service of the City's existing transportation system and to ensure sufficient access to the development. The traffic impact analysis shall be prepared under the supervision of a State of Maine registered professional engineer with specific training in traffic and transportation engineering, and with experience related to preparing traffic studies for existing or proposed developments.
B. 
Standard. The City Engineer may request the developer to submit a prepared traffic and/or parking impact report for any proposed development where the proposed development is calculated to generate an increase of more than 35 new vehicle trips during the peak hour (times when the highest traffic volumes are recorded, generally 7:00 to 9:00 a.m. and 3:00 p.m. to 6:00 p.m.). Additional traffic impact analysis standards are outlined in the City of Augusta Technical Standards Handbook, Chapter 5.