[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.
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|
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.
(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.
(4)
See the special shoreland standards outlined in § 300-528J(3) and O for additional requirements applicable in shoreland overlay districts.
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:
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;
(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:
[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:
(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;
(12)
A description of the extent to which any watercourse will be
altered or relocated as a result of the proposed development; and
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
(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
(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:
(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:
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.
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; 8-1-2019 by Ord. No. 19-111]
A.
The conduct of home occupations in residential dwelling units may
be permitted under the following provisions:
(1)
License:
(a)
A license shall be required only for home occupations which
generate vehicular or pedestrian traffic.
(b)
Licenses shall be granted by a Code Enforcement Officer to a
resident of a specific dwelling.
(c)
Licenses are non-transferrable.
(d)
Licenses are subject to revocation by the Code Enforcement Officer,
after notice and hearing, if the licensee fails to comply with the
terms of the Home Occupation ordinance and/or operates in a manner
other than that stated on the license application.
(e)
Licensees shall be issued for a three-year term. The Licensee
shall file a renewal license application prior to expiration of the
previous license in order for the home occupation to remain in compliance.
(f)
Home occupations requiring a license shall apply for a license
within one year of August 1, 2019, the date this licensing requirement
was enacted.
(2)
Home Occupation Operating Requirements:
(a)
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
of the principal dwelling unit shall be used for operating the home
occupation.
(b)
There shall be no visible evidence of the operation of such
home occupation outside of typical home uses and equipment, other
than one sign, unless such sign is otherwise prohibited by this chapter.
(c)
A home occupation shall to 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.
(d)
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 non-illuminated and no larger than two square feet. See § 300-516 for additional standards.
(e)
Any need for parking generated by the operation of the home
occupation shall be met on the lot, off the street in the driveway
or designated parking spaces.
(f)
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. 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.
(g)
The sale of products shall be limited to those which are grown,
crafted, assembled, or substantially altered on the premises; to items
ordered off the premises by customers; and to items which are accessory
and incidental to a service which is provided on the premises.
(h)
A home occupation shall be carried on by residents of the dwelling
unit, with not more than one person who is not a resident of the dwelling
unit. The owner's written permission is required for said home occupation
if the resident is a tenant.
(i)
Licensed home occupations shall terminate when a licensee no
longer resides at the location.
(j)
Only one home occupation is permitted per lot.
(k)
Initial and periodic inspections by a Code Enforcement Officer,
or other city staff, shall be conducted, and shall be consented to
the applicant/licensee as part of the licensing process.
(l)
Planning Board review, as a conditional use, shall be required
for any applicant wishing to exceed the above-stated limitations.
(m)
No auto repair/service home businesses shall be licensed if
it did not exist as a legal home business on January 1, 2019. All
existing auto repair/service home businesses shall obtain a non-transferable
license and may continue operating as long as the original licensee
is able to renew the license as required by this ordinance.
(n)
Hazardous materials used during the course of the operation
of the home occupation will be stored and disposed of in accordance
with any applicable city, state or federal regulations.
(o)
Medical Marijuana Registered Caregiver (Home Occupation) shall
meet all license requirements for a home occupation and the additional
license requirements for a Medical Marijuana Registered Caregiver
(Home Occupation). This use shall be a delivery only operation, with
no customers coming to the site for any purpose. All in-person caregiver
operations shall be done at the patient's home or other legal site.
B.
Failure to obtain a license prior to beginning operation will result
in a doubling of the fee for a license after-the-fact. For home occupations
in existence when this ordinance is adopted, failure to apply for
a license within 12 months of the effective date of the ordinance
will result in a doubling of the fee.
[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]
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.
Total parking required based on the below listed Parking Standards
as defined below.
GFA – Gross Floor Area, as defined in § 300-202. The gross floor area should be divided by 1,000 and multiplied by the parking standard quantity for the land use.
DC – Design Capacity. Calculated based on building code
definition for occupancy type.
Employee – Largest Shift.
[Amended 5-7-2020 by Ord. No. 20-042]
|
Table 300-513A - Schedule of Required Off-Street Parking
| |
|---|---|
|
Land Uses
|
Parking Standard
|
|
ASSEMBLIES
| |
|
Civic, social, and fraternal organizations
|
3 per GFA plus 1 per 3 occupants DC
|
|
Conference/event center
|
1 per 2 occupants DC
|
|
Convention facility
|
1 per 2 occupants DC
|
|
Funeral homes
|
25 per parlor or 1 per 4 occupants DC (whichever is greater)
|
|
Religious activities
|
1 per 4 occupants DC
|
|
BUSINESS
| |
|
Agriculture
|
1 per employee
|
|
Business/professional services/offices
|
3 per GFA
|
|
Historical society
|
1 per employee/volunteer plus 2 per GFA (not including storage
areas)
|
|
Museum
|
1 per employee/volunteer plus 2 per GFA (not including storage
areas)
|
|
Research, experimental, and testing laboratories
|
1 per employee
|
|
Services, except those otherwise listed below
|
3 per GFA
|
|
Auto repair/service (no sales)*
|
3 per GFA
*Carwash add 14 per queue spaces
|
|
Bed-and-breakfast/tourist home
|
1 per room plus 1 per Employee
|
|
Cemeteries
|
1 per employee
|
|
Construction services
|
1 per employee plus 1 per stored vehicle
|
|
Finance, insurance, and real estate services**
|
3 per GFA
**Drive-thru add 5 per queue spaces
|
|
Hotels
|
1 per room plus 1 per 3 employees
|
|
Medical marijuana caregiver retail store
|
2 per GFA plus 1 per employee
|
|
Medical marijuana manufacturing facility
|
1 per employee
|
|
Medical marijuana registered caregiver
|
None required (includes home occupations)
|
|
Medical marijuana testing facility
|
1 per employee
|
|
Personal services
|
3 per GFA
|
|
Barber/beauty shops
|
3 per operator chair
|
|
Laundry services
|
3 per GFA plus 1 per employee
|
|
Self-service laundromats
|
4 per GFA
|
|
Shoe repair shops
|
3 per GFA
|
|
Recreational areas and facilities, private
|
1 per employee plus
- Indoor facility: 0.25 per DC
- Outdoor facility: use park standards
|
|
Restaurants - fast food and standard***
|
14 per GFA
*** Drive-thru add 14 per queue spaces
|
|
Registered dispensary
|
3 per GFA plus 1 per employee
|
|
Sexually oriented businesses
|
2 per GFA
|
|
Social services
|
3 per GFA
|
|
Specialty print shop
|
3 per GFA
|
|
Taxi and local/commuter bus line services
|
1 per employee
|
|
Small distilleries, breweries, and bakeries
|
1 per employee for production plus additional uses (retail,
restaurant, etc.)
|
|
Temporary, habitable trailers built on a permanent
chassis to be used as portable classrooms and/or offices and/or medical
diagnostic units for a specified (limited) time and as a public facility
only
|
3 per GFA
|
|
Veterinary
|
3 per GFA
|
|
EDUCATIONAL
| |
|
Commercial, trade school, university
|
1 per employee plus 2 per student largest classroom
|
|
Day-care center
|
1 per staff plus 1 per 6 children
|
|
Primary education facility
|
1 per employee
|
|
Secondary education
|
1 per employee plus 0.2 per student
|
|
FACTORY/INDUSTRIAL
| |
|
Heavy equipment repair
|
1 per employee
|
|
Manufacturing - heavy; light
|
1 per employee
|
|
Mineral extraction activities
|
1 per employee
|
|
Recycling centers
|
1 per employee plus 5 queuing spaces
|
|
Solar energy systems - building mounted; ground
mounted
|
1 per employee
|
|
Truck terminals
|
1 per employee
|
|
Waste facilities - Class 1; Class 2
|
1 per employee plus 5 queuing spaces
|
|
GOVERNMENTAL
| |
|
Correctional institutions
|
1 per employee plus 1 per 4 beds
|
|
Courts
|
3 per GFA
|
|
Government offices
|
3 per GFA
|
|
Municipal or public utilities & communications
facilities - minor; major; wireless
|
3 per GFA
|
|
Parks, public
|
1 per employee plus 2 per acre up to 10 acres
|
|
Public safety services
|
3 per GFA plus 1 per stored vehicle
|
|
Recreational areas and facilities, public
|
1 per employee plus
- Indoor facility: 0.25 per DC
- Outdoor facility: use park standards
|
|
MEDICAL
| |
|
Hospitals
|
1 per bed plus 1 per employee
|
|
Meal center and food pantry
|
3 per GFA
|
|
Medical clinics
|
4 per practitioner plus 2 per 3 employees
|
|
Medical guesthouse
|
1.5 per room
|
|
Nursing homes
|
1 per 4 beds plus
- 2 per 3 employees
- 1 per staff doctor
|
|
MERCANTILE/RETAIL
| |
|
Automobile business
|
4 per GFA plus 0.5 per displayed vehicle
|
|
Filling stations
|
2.5 per fueling position
|
|
Retail, except those otherwise listed
|
4 per GFA
|
|
Farm stands
|
3 per GFA
|
|
Flooring showrooms
|
2 per GFA
|
|
Garden center
|
3 per GFA
|
|
Neighborhood groceries/variety stores
|
3 per GFA
|
|
Pharmacies
|
3 per GFA
|
|
Retail, convenience
|
5 per GFA
|
|
Retail, medical sales
|
2 per GFA
|
|
Retail, specialty
|
3 per GFA
|
|
Specialty food markets
|
3 per GFA
|
|
RESIDENTIAL
| |
|
Community living arrangement
|
0.5 per room
|
|
Dwelling - one-family; two-family; multifamily;
manufactured housing (Type 1; Type 2)
|
2 per dwelling unit
|
|
Group home
|
0.5 per room
|
|
Manufactured housing park/land lease community
|
2 per dwelling unit plus 1 per employee
|
|
Rooming houses
|
1 per room
|
|
Shelter
|
1 per employee
|
|
STORAGE/WAREHOUSING
| |
|
Self-service storage units
|
1 per employee
|
|
Warehousing
|
1 per employee
|
(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.
[4]
As a conditional use, and as permitted by the Planning Board,
properties which have inadequate land on-site to meet parking requirements
may, on a separate lot provide for up to six (6) parking spaces as
a primary use. If not owned in fee by the applicant, the use of the
land for parking shall be legally bound to serve as a parking lot
for the life of the building or use that it is being permitted to
serve. This subsection shall not apply in any locally designated historic
district.
[Added 6-6-2019 by Ord.
No. 19-073]
(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]
(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.
[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.
[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.
(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:
(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.
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 where one exists on
any street within the City except as specified below or in zoning
district regulations or by deed restrictions.
[Amended 12-7-2017 by Ord. No. 17-184]
(2)
Within 10 feet of any new right-of-way line made necessary by
construction or reconstruction of any street or right-of-way where
one exists within the City.
[Amended 12-7-2017 by Ord. No. 17-184]
(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.
ABOVE-ROOF GRAPHIC
ACTIVITY
ANIMATION or ANIMATED
ARCHITECTURAL DETAIL
ARCHITECTURAL, HISTORIC OR SCENIC AREA
AWNING
BANNER
BARE-BULB ILLUMINATION
BUILDING
CAMPUS
CANOPY
CHANGEABLE COPY
DIRECTIONAL GRAPHIC
EXTERNAL ILLUMINATION
FACADE
FACADE, BLANK
FLASHING ILLUMINATION
GRAND OPENING GRAPHIC
GRAPHIC
GROUND GRAPHIC
HEIGHT
ILLUMINATION or ILLUMINATED
INDIRECT ILLUMINATION
INTERNAL ILLUMINATION
ITEM OF INFORMATION
MARQUEE
MONUMENT GRAPHIC
MOVEMENT
MULTI-USE BUILDING
NEON TUBE ILLUMINATION
NONCONFORMING STREET GRAPHIC
OCCUPANT
PEAK
POLE GRAPHIC
PORTABLE GRAPHIC
PREMISES
PROJECTING GRAPHIC
ROOF GRAPHIC
SHOPPING CENTER
SIGNABLE AREA FOR PROJECTING GRAPHICS AND AWNINGS
SIGNABLE AREA FOR ROOF AND WALL GRAPHICS
SIZE
SPECIAL EVENT GRAPHICS/SPECIAL STREET GRAPHIC
STREET GRAPHIC
TEMPORARY WINDOW GRAPHIC
TOWN CENTER
WALL GRAPHIC
WINDOW GRAPHIC
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A street graphic displayed above the peak or parapet of a
building.
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.
(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.
(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.
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.
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.
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.
A light source that consists of light bulbs with a twenty-watt
maximum wattage for each bulb.
A structure having a roof supported by columns or walls.
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.
(See "awning.")
Copy that changes at regular or irregular intervals, either
manually or digitally.
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.
Illumination of a sign that is affected by an artificial
source of light not contained within the sign itself.
(See also "signable area.") The side of a building below
the eaves.
The side of a building below the eaves that is blank and
does not have windows or architectural detail.
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.
A banner displayed on a premises on which a grand opening
is in progress.
A street graphic or special street graphic, as defined by
this chapter.
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.
The vertical distance measured from grade at the edge of
the adjacent right-of-way to the highest point of the street graphic.
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.
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.
A light source that is concealed or contained within the
street graphic and becomes visible in darkness through a translucent
surface.
A word, an initial, logo, abbreviation, number, symbol, or
geometric shape.
A permanent structure, other than a roof, attached to, supported
by, and projecting from a building and providing protection from the
elements.
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.
(See also "animation.") Physical movement or revolution up
or down, around, or sideways that completes a cycle of change.
A building consisting of more than one nonresidential use.
A source of light for externally lit street graphics supplied
by a neon tube that is bent to form letters, symbols, or other shapes.
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.
A use located in a multi-use building or shopping center.
The highest point on a roof or the highest point on another
architectural element that blocks the rear view of a street 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.
A street graphic not permanently attached to the ground or
a building or designed to be permanently attached to the ground or
a building.
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.
A street graphic attached to and projecting from the wall
of a building and not in the same plane as the wall.
(See also "above-roof graphic.") A street graphic that is
displayed above the eaves and under the peak of a building.
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.
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.
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.
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.
A street graphic, other than a ground, roof, or wall graphic, regulated by Subsection H of this section.
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."
A window graphic displayed for a limited period of time.
The central business district designated by Part 3, Zoning, of this chapter.
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.
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, WP, and RV on
one street or highway on which the premises has frontage.
[Amended 2-6-2020 by Ord. No. 20-009]
(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; 2-6-2020 by Ord. No. 20-009]
|
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, WP
|
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.
(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.
(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.
(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; 2-6-2020 by Ord. No. 20-009]
|
RA, RB1, RB2, WP, 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.
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.
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:
[Amended 2-6-2020 by Ord. No. 20-009]
|
All Residential Zones and Shoreland Zones (other than
GD Zone)
(square feet)
|
KBD1, KBD2, BP, WP
(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:
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.
