Article VII Special Use Standards

This section is adopted pursuant to the enabling provisions of Article VIII, Part 2, § 1, of the Maine Constitution; the provisions of the Municipal Home Rule Authority, 30-A M.R.S.A. § 3001 et seq.; and the provisions of the Planning and Land Use Regulation Act, 30-A M.R.S.A. § 4312 et seq.

ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE

Persons or entities wishing to establish a sexually oriented business within the City of Augusta shall first obtain a permit from the City and shall be subject to the provisions of this section.

Purpose. It is the purpose of this section to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.

Definitions. As used in this section, unless the context otherwise indicates, the following items have the following meanings:

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion-picture machines, projectors, video or laser disc players or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

A commercial establishment where greater than 50% of its floor area or stock-in-trade is the offering for sale or rental for any form of consideration any one or more of the following:

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexually activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as greater than 50% of its floor area or stock-in-trade is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT CABARET

A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

Persons who appear in a state of nudity or seminude; or

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTEL

A hotel, motel or similar commercial establishment which:

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

Offers a sleeping room for rent for a period of time that is less than four hours; or

ADULT MOTION-PICTURE THEATER

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than four hours.

A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities.

ADULT THEATER

A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or seminude, or live performances which are characterized by the exposure of specified sexual activities.

ESTABLISHMENT

Includes any of the following:

The opening or commencement of any sexually oriented business as a new business;

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

The additions of any sexually oriented business to any other existing sexually oriented business; or

SEXUALLY ORIENTED BUSINESS

The relocation of any sexually oriented business.

PERMITTEE

A person in whose name a permit to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit.

PERSON

An individual, proprietorship, partnership, corporation, association, or other legal entity.

REGULARLY

A recurring and/or substantial course of conduct.

An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater.

SPECIFIED CRIMINAL ACTIVITY

Any of the following offenses:

Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of the State of Maine, other states or countries, for which:

Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.

SPECIFIED SEXUAL ACTIVITIES

The fact a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.

Any of the following:

The erotic touching or display of human genitals, pubic region, buttocks, anus, or female breasts;

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS

Excretory functions as part of or in connection with any of the activities set forth in Subsections (1) and (2) above.

The increase in floor areas occupied by the business by more than 25%, as the floor areas exist on the date this section takes effect.

TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS

Includes any of the following:

The sale, lease, or sublease of the business;

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business.

Classification. Sexually oriented businesses are classified as follows:

Adult arcades;

Adult bookstores, adult novelty stores, or adult video stores;

Adult cabarets;

Adult motels;

Adult motion-picture theaters;

(6)

Adult theaters.

Permit required. No person may establish, expand, operate or maintain a sexually oriented business without first obtaining a nontransferable, conditional use permit from the Augusta Planning Board, and a sexually oriented business permit following a public hearing from the City Licensing Board. A sexually oriented business permit shall be required to be renewed thereafter on an annual basis by the City Licensing Board.

It is a violation of this section for any person to operate a sexually oriented business without a valid conditional use permit and a sexually oriented business permit issued by the City pursuant to this section.

Application procedure.

The initial conditional use permit application, with all required materials, shall be made to the Augusta Planning Board in accordance with § 300-603 of this chapter and shall include a completed permit application to operate a sexually oriented business. Application materials are available at the City Planning Office.

Initial and annual renewal applications for a sexually oriented business permit shall be filed with the Augusta City Clerk's office. This application form is available at the City Clerk's office.

All applicants must be qualified according to the provisions of this section. The application may request and the applicant shall provide such information as to enable the City to determine whether the applicant meets the qualifications established in this section.

Application to operate a sexually oriented business. The following information shall be provided by the applicant for either a conditional use or a sexually oriented business permit application. Application forms are available at the City Planning Office and at the office of the City Clerk.

If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20% or greater interest in the business must sign the application for a permit as applicant. Each applicant must be qualified under the following section, and each applicant shall be considered a permittee if a permit is granted.

The completed application for a sexually oriented business permit shall contain the following information and shall be accompanied by the following documents:

If the applicant is:

[a]

An individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is 18 years of age;

[b]

A partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;

[c]

A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.

If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state:

[a]

The sexually oriented business' fictitious name; and

[b]

Submit the required registration documents.

Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this section, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each.

Whether the applicant, or a person residing with the applicant, has had a previous permit under this section or other similar sexually oriented business ordinances from another town, City or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this section whose permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

[5]

Whether the applicant or a person residing with the applicant holds any other permits under this section or other similar sexually oriented business ordinance from another town, City or county and, if so, the names and locations of such other permitted businesses.

[6]

The single classification of permit for which the applicant is filing.

[7]

The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.

[8]

The applicant's mailing address and residential address.

[9]

The applicant's driver's license number, social security number, and/or his/her state or federally issued tax identification number.

[10]

A sketch or diagram showing the interior configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

[11]

If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, video cassettes, specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in this section.

Standards for obtaining initial conditional use permit. An application for a conditional use permit shall be acted upon by the Planning Board in accordance with § 300-603 of this chapter and shall meet the criteria identified in § 300-603E of this chapter and shall meet the sexually oriented business performance standards identified in Subsection J of this section.

Standards for obtaining a sexually oriented business permit.

Within 30 days after receipt of a completed sexually oriented business application, the City Licensing Board shall approve or deny after a public hearing the issuance of a permit to an applicant. The City shall approve the issuance of a permit to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

An application for a sexually oriented business permit fails to meet all of the performance standards identified in Subsection J below.

An applicant is under 18 years of age.

An applicant or a person with whom applicant is residing is overdue in payment to the City of taxes, fees, or penalties assessed against or imposed upon him/her in relation to any business.

An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form.

An applicant or a person with whom the applicant is residing has been denied a permit by the City to operate a sexually oriented business within the preceding 12 months or whose permit to operate a sexually oriented business has been revoked within the preceding 12 months.

An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity.

(g)

The permit fee required by this section has not been paid.

(h)

An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this section.

The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the classification for which the permit is issued. All permits shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.

Sexually oriented businesses performance standards.

General zoning standards.

Sexually oriented businesses may be operated only in the Industrial Zone (IA) as described in this chapter.

Sexually oriented businesses may not be operated within 500 feet of any protected use as set forth below:

A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

A public or private education or other similar facility serving anyone under 18 years of age, including but not limited to child day-care facilities, teen centers, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; "school" includes the school grounds;

Any business oriented to serving anyone under 18 years of age, including instruction in sports such as gymnastics or dance;

A public park or recreational area, including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the City.

Sexually oriented businesses may not be operated within 250 feet of a boundary of a Residential District as defined in this chapter.

For the purpose of Subsection J(1)(b) of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in Subsection J(1)(b). Structures include outdoor uses, such as a drive-in movie theater, but do not include parking facilities.

Any sexually oriented business lawfully operating on the effective date of this section that is in violation of Subsection J(1) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.

No protected use as described in Subsection J(1)(b) of this section may be located within 500 feet of an existing or permitted sexually oriented business.

Standards pertaining to exhibition of sexually explicit films, videos, or live entertainment in viewing rooms. A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises, in a viewing room of less than 150 square feet of floor space, a film, video cassette, live entertainment, or other video reproduction which depicts specified sexual activities shall comply with the following requirements:

Upon application for a sexually oriented permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The City waives the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

The application shall be sworn to be true and correct by the applicant.

No alteration in the configuration or location of a manager's station may be made without the prior approval of the City.

It is the duty of the permittee of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

It shall be the duty of the permittee to ensure that the view area specified in Subsection J(2)(e) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection J(2)(a) of this section.

(g)

No viewing room may be occupied by more than one person at any time.

(h)

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five footcandles as measured at the floor level.

(i)

It shall be the duty of the permittee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

(j)

No permittee shall allow openings of any kind to exist between viewing booths or rooms.

(k)

No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

(l)

The permittee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.

(m)

The permittee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

(n)

The permittee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.

Prohibition against children in a sexually oriented business. A person commits a violation if the person knowingly allows a person under the age of 18 years on the premises of a sexually oriented business.

Hours of operation. No sexually oriented business may remain open at any time between the hours of 1:00 a.m. and 8:00 a.m. on weekdays and Saturdays, and 1:00 a.m. and 12:00 noon on Sundays.

Fees.

Every application for a sexually oriented business permit (whether for a new permit or for renewal of an existing permit) shall be accompanied by a nonrefundable application and investigation fee, as established by the Augusta City Council.

In addition to the application and investigation fee required above, every sexually oriented business that is granted a permit (new or renewal) shall pay the City an annual nonrefundable permit fee prior to issuance or renewal as established by the Augusta City Council.

All permit/license applications and fees shall be submitted to the City.

Inspection.

An applicant or permittee shall allow representatives of the Police Department, Health Department, Fire Department, Code Enforcement, or other town or state departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.

A person who operates a sexually oriented business or his agent or employee commits a violation if he refuses to allow such lawful inspection of the premises at any time it is open for business.

Expiration of permit.

Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in this section. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the permit will not be affected.

When the City Licensing Board denies renewal of a permit, the applicant shall not be issued a permit for one year from the date of denial. If, subsequent to denial, the City finds that the basis for denial of the renewal permit has been corrected or abated, the applicant may be granted a permit.

Suspension. The City Licensing Board shall suspend a permit for a period not to exceed 30 days if it determines that a permittee has:

Violated or is not in compliance with any subsection of this section;

Refused to allow an inspection of the sexually oriented business premises as authorized by this Part 5. There shall be immediate cessation of business activities upon suspension of permit until the issues are appropriately adjudicated.

Revocation.

The City Council, upon recommendation from the Licensing Board, may revoke a permit if a cause of suspension occurs and the license has been suspended within the preceding 12 months. There shall be immediate cessation of business activities upon revocation of permit until the issues are appropriately adjudicated.

The City Council shall revoke a permit if it determines that:

A permittee gave false or misleading information in the material submitted during the application process;

A permittee has knowingly allowed possession, use, or sale of controlled substances on the premises;

A permittee has knowingly allowed prostitution on the premises;

A permittee knowingly operated the sexually oriented business during a period of time when the permittee's license was suspended;

Except in the case of an adult motel, a permittee has knowingly allowed any sex act to occur in or on the permitted premises.

When the City Council revokes a permit, the revocation shall continue for one year, and the permittee shall not be issued a sexually oriented business permit for one year from the date the revocation became effective. If, subsequent to revocation, the City finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license.

After denial of an application, or denial of a renewal of an application, or suspension or revocation of any permit, the applicant or permittee may file an appeal.

Transfer of license. A permittee shall not transfer his/her permit to another, nor shall a permittee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.

Violation.

Enforcement. The City or its designees shall enforce this section.

Penalties. A person who operates or causes to be operated a sexually oriented business without a valid permit or is in violation of this section is subject to penalty under 30-A M.R.S.A. § 4452.

Appeals. Administrative appeals and variance applications submitted under this section shall be subject to the standards and procedures established by the Board of Appeals.

§ 300-519 Automobile businesses.

[Added 5-20-1996 by Ord. No. 438]

Required application information. In addition to site plan requirements outlined in § 300-601D, application for a permit shall contain the following information:

The manner in which car wash, waste, drainage and stormwater, as well as petroleum products, are to be disposed of.

The precise location of all (above and below ground) tanks, pumps, lifts, and other fixed equipment and appurtenances.

Regulations. Except where so indicated, every automobile sales and service business, car wash, convenience store with gas pumps, filling station and motor vehicle service station shall be subject to and comply with the following restrictions and regulations:

All new or expanding automobile sales businesses licensed pursuant to M.R.S.A. Title 29-A as a new or used motor vehicle dealer shall provide for buffering along roadways and abutting residential boundary lines in accordance with buffer yard requirements, except that, notwithstanding any other provisions of this chapter, buffer yards along roadways may be a minimum of five feet wide, provided that the minimum number of plants per 100 feet of buffer length shall be as specified for Buffer Yard A under Table 300-502-B, and that the required numbers of types of trees and shrubs shall be spaced, in the discretion of the applicant, in a manner that will permit their healthy growth. All areas within a buffer yard not covered by trees and shrubs shall be planted with grass, flowers, or other suitable ground cover. (See § 300-502.)

Auto service/repair/filling station/convenience store with gas pumps/car wash. On any premises upon which there is located a car wash or motor vehicle service station, all services or repairs to or for motor vehicles shall be conducted within the confines of a building. There is excepted from this provision the sale and supply of oil and gasoline, the inspection and filling of tires and batteries, and other services customarily incidental to the sale of gasoline, oil and automobile supplies and accessories, which do not include major repairs, installations and replacements.

Illumination and lighting situated or directed upon car washes or motor vehicle service stations shall be by floodlights only which are adjusted so that the light therefrom does not shine on any street or residential property. Such floodlights shall be extinguished during closed business operations on said lot; safety or protection lights may be used after closing time, providing the illumination therefrom does not extend beyond the premises for which such safety or protection light is provided.

All vehicle service bays shall be located on the sides of buildings away from residential properties to the extent possible.

Every gasoline or oil tank, pump or filling appliance which is situated or erected out of doors shall meet the front yard requirements of § 300-515 and be at least 10 feet from the side and rear line of the premises whereon the same is situated. These setbacks shall apply unless greater setbacks are required by applicable state or federal law.

All gas pump island canopies shall meet the setback requirements for principal structures on highways having three lanes or less. On four-lane highways/roads, the canopy setback may be reduced to 15 feet.

All filling stations and/or convenience stores having gasoline refueling facilities shall provide public restrooms.

Car washes shall be designed so that maximum queuing can occur on site before entering wash bays and shall intercept maximum water dripping from vehicles as they exit the bays so that it does not create ice problems in the street.

Auto sales business (may include service/wash facilities).

All automobile sales businesses shall designate parking for outdoor vehicle display areas in addition to required customer and employee parking.

All automobile sales businesses shall design for the loading and unloading of vehicles from vehicle carriers on site.

Manufactured home and/or motor home sales and service shall design their accessways to accommodate large turning radii so that when entering and exiting the site transporters do not encroach on oncoming travel lanes.

§ 300-520 Campgrounds and campsites.

Campgrounds. Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following:

Campgrounds shall contain a minimum of 5,000 square feet of land, not including roads and driveways, for each site. Land supporting wetland vegetation, and land below the normal high-water line of a water body, shall not be included in calculating land area per site.

The areas intended for placement of a recreational vehicle, tent or shelter, and utility service buildings shall be set back a minimum of 100 feet from the normal high-water line of a great pond classified GPA or a river flowing to a great pond classified GPA, and 75 feet from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland.

No recreational vehicle or tent shall be used for temporary dwelling except in an approved campground.

In the Rural Ponds District, campgrounds shall be required to comply with Chapter 3 of the Phosphorous Control in Lake Watersheds Manual prepared by the Maine Department of Environmental Protection, September 1989, as amended.

In any other district in which campgrounds are permitted, the following minimum standards shall apply:

Campgrounds shall provide water and sewerage systems, sanitary stations, and convenience facilities, in accordance with the regulations set forth by the Maine Department of Human Services.

No single site shall be less than 50 feet in width.

All campgrounds shall be completely screened with vegetation from adjacent land areas and from public roads, except that safe visual clearances shall be provided at each vehicular entrance to and exit from the campground.

A minimum of 155 square feet off-street parking space plus adequate maneuvering space shall be provided for each site.

Individual private campsites. Individual private campsites not associated with campgrounds are permitted, provided the following conditions are met:

[Amended 4-20-2017 by Ord. No. 17-069]

One campsite per lot existing on the effective date of this chapter, or 30,000 square feet of lot area within a shoreland zone, whichever is less, may be permitted.

When an individual private campsite is proposed on a lot that contains another principal use and/or structure, the lot must contain the minimum lot dimensional requirements for the principal structure and/or use and the individual private campsite separately.

Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back 100 feet from the normal high-water line of a great pond classified GPA or river flowing to a great pond classified GPA, and 75 feet from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland.

Only one recreational vehicle shall be allowed on a campsite. The recreational vehicle shall not be located on any type of permanent foundation except for a gravel pad, and no structure except a canopy shall be attached to the recreational vehicle.

The clearing of vegetation for siting of the recreational vehicle, tent or similar in a Resource Protection District shall be limited to 1,000 square feet.

(6)

A written sewage disposal plan describing the proposed method and location of sewage disposal shall be required for each campsite and shall be approved by the Local Plumbing Inspector. Where disposal is off site, written authorization from the receiving facility or landowner is required.

(7)

When a recreational vehicle, tent or similar shelter is placed on site for more than 120 days per year, all requirements for residential structures shall be met, including the installation of a subsurface sewage disposal system in compliance with the State of Maine Subsurface Wastewater Disposal Rules, unless served by public sewage facilities.

§ 300-521 Day-care homes and centers.

Day-care uses shall conform to the minimum requirements imposed under state licensing procedures.

§ 300-522 Government service uses.

(Reserved)

§ 300-523 Junkyards.

General location. No junkyard shall be located on a lot or parcel which does not provide for a completely sight impervious screen from surrounding properties within a one-mile radius, including properties at higher elevations. Such screen shall be maintained throughout the life of the junkyard.

Dimensional requirements. Junkyards shall meet all of the dimensional requirements for industrial uses in the Rural District.

Effective date of permit. A municipal permit for a junkyard shall not become effective until all required permits have been obtained.

Site considerations.

No motor vehicles or material shall be located upon or over a sand and gravel aquifer, or upon or over an aquifer recharge area, as mapped by the Maine Geological Survey, or a licensed geologist.

No motor vehicles or material shall be located within the one-hundred-year floodplain, as mapped by the Federal Insurance Administration, the Army Corps of Engineers, or the U.S. Department of Agriculture.

No motor vehicles or material shall be stored within 500 feet of any dwelling or school.

No motor vehicles or material shall be stored within 300 feet of any body of water.

Operational considerations. Upon receiving a motor vehicle, the battery shall be removed, and the engine lubricant, transmission fluid, brake fluid, and engine coolant shall be drained into watertight, covered containers. No discharge of any fluids from any motor vehicle shall be permitted into or onto the ground.

§ 300-524 Residential development.

[Amended 6-20-1994 by Ord. No. 546; 6-19-2006 by Ord. No. 103; 4-20-2017 by Ord. No. 17-069; 12-7-2023 by Ord. No. 23-180; 8-1-2024 by Ord. No. 24-104; 12-4-2025 by Ord. No. 25-192]

Affordable housing. (Reserved)

Clustered residential development and performance subdivisions. Notwithstanding other provisions of this chapter, except those governing shoreland areas, the Planning Board may modify district dimensional requirements to permit innovative approaches to residential land development in accordance with the following:

Gross residential densities for the district in which the development is located shall be met, with the exception that gross residential densities for residential performance subdivisions shall be in accordance with Part 3, Article IV, Site Capacity Analysis, of this chapter.

The development shall be reviewed as a subdivision and shall meet all requirements of Part 4, Subdivision and Site Plan Review, of this chapter.

All dimensional requirements in shoreland areas shall be met.

Condominiums.

Proposals for condominium development shall be reviewed as subdivisions.

Conversions of rental units to condominiums shall be permitted only if the complex meets all City standards for new residential development, such as but not limited to dimensional requirements, density, and on-site parking.

Mobile home/manufactured housing parks.

Compliance with laws and ordinances. Except as stipulated below, mobile home/manufactured housing parks shall comply with all state laws and municipal ordinances and shall meet the requirements of Part 4, Subdivision and Site Plan Review, of this chapter. As used in this chapter, the abbreviation of "MHP" shall apply equally to mobile home parks and manufactured housing parks.

MHPs proposed for the RPDS District shall comply with the requirements of Chapter 3, Phosphorous Control in Lake Watersheds, prepared by the Department of Environmental Protection, September 1989, as amended.

Lot size, width and density.

Lots in MHPs shall meet the following lot size, width and density requirements:

Lots served by public sewer shall be at least 6,500 square feet and shall be at least 50 feet in width.

Lots served by individual subsurface sewage disposal systems shall be at least 20,000 square feet and shall be at least 100 feet in width.

Lots served by a central on-site subsurface wastewater disposal system approved by the Department of Human Services shall be a minimum of 12,000 square feet with a minimum lot width of 75 feet.

The overall density of the MHP served by a central subsurface sewage disposal system shall be no greater than one unit per 20,000 square feet of total park area.

[5]

Where lots front on a curved right-of-way or are served by a driveway, the frontage requirement shall be measured in a straight line perpendicular to the setback line.

[6]

Lots within a shoreland zoning district shall meet the lot area, lot width, setback and shore frontage requirements for that district.

[7]

The total park area of the MHP shall be the combined area of its MH lots, plus:

[a]

The area required for road rights-of-way;

[b]

The area required for buffer strips, if any;

[c]

For areas served by public sewer, an open space area for storage and recreation equal to 10% of the combined area of the individual lots; and

[d]

The area within any designated shoreland area.

Lot setbacks.

The following lot setbacks shall apply to all homes and accessory buildings:

Front setback: 20 feet.

Side setback: 20 feet.

Rear setback: 10 feet.

If these requirements conflict with the requirements of the Shoreland Zone, the stricter standards shall apply. If a lot is on a public road, the setback shall conform with the residential setback requirements applicable to residential dwelling units.

To avoid monotony and sameness, the Planning Board may allow the front setback on a private road within MHPs to be varied, provided that no home may be closer than 10 feet from the right-of-way and the average distance is at least 20 feet for all units.

Carports of noncombustible materials are not subject to side setback requirements.

The Planning Board may allow lot side yard setbacks to be reduced to five feet, provided a distance of 20 feet is maintained between units for the purpose of providing more usable yard space on one side of the home.

Distance between homes. A minimum twenty-foot separation shall be maintained between all manufactured homes in all directions.

Lot coverage. All buildings on the lot, including accessory buildings and structures, but excluding open decks and parking spaces, shall not cover more than 50% of the lot area.

(6)

Ownership. Where a developer elects to create MHPs where all land is under one ownership, the park plan shall show lots and the developer shall demonstrate that the development standards described herein are met.

(7)

Road standards.

Roads within MHPs which are to be offered for acceptance to the City shall meet the minimum road standards found in the Technical Standards Handbook.

Privately owned roads within MHPs shall be designed by a State of Maine registered professional engineer and shall be built according to accepted engineering standards. Roads shall have a minimum right-of-way of 23 feet, of which 20 feet shall be paved.

One-way streets shall have a minimum right-of-way of 18 feet and a minimum paved surface of 14 feet.

Parking lanes shall be a minimum of eight feet in width, if provided.

Cul-de-sac turnarounds shall have minimum radii of 50 feet at the outer edge of the pavement, exclusive of any parking areas.

MHP roads which intersect with public roads shall meet the following standards:

Angle of intersection. The desired angle of intersection shall be 90°. The minimum angle of intersection shall be 75°.

Grade. The maximum permissible grade within 75 feet of the intersection shall be 3%.

Minimum sight distance. The minimum sight distance shall be 10 times the posted speed limit on the existing road. Sight distances shall be measured from the driver's seat of a vehicle that is 10 feet behind the curb or edge of shoulder line with the height of the eye 3.5 feet above the pavement and the height of object 4.5 feet. Where necessary, the parkland bordering the intersection shall be cleared of all growth and sight obstructions to achieve the required visibility.

Distance from other intersections. The center line of any street within a park intersecting an existing public street shall be at least 125 feet from the center line of any other street intersecting that public street.

(8)

Access and circulation.

The layout and general development plan for major and minor access streets and driveways within the MHP, together with the location and dimensions of access junctions with existing public streets and rights-of-way, shall be approved by the Planning Board.

A traffic impact analysis shall be required if the park will generate more than 500 trips/day.

For MHPs expected to generate 200 trips per day or more, there shall be at least two entrances from public streets or roads.

Road widths will need to accommodate on-street parking if allowed.

Curvilinear streets shall be utilized wherever possible. No street within the park shall be more than 200 feet without a curve or bend.

No MH lot may have vehicular access directly onto a state highway.

(9)

Parking requirements. See § 300-513, Parking requirements.

(10)

Utility requirements. All MHPs shall provide permanent electrical, water and sewage disposal connections to each MH in accordance with applicable state and local rules and regulations.

(11)

Sidewalks/walkways. All MHPs shall contain pedestrian walkways that link all units and all service and recreational facilities. Such walkways shall be adequately surfaced. A portion of the road surface may be reserved for walkways, provided the roadway width is increased accordingly. Walkways shall be a minimum width of four feet.

(12)

Lighting. Outdoor lighting shall be provided to adequately illuminate internal streets and pedestrian walkways. Lights shall be sized and directed to avoid adverse impact on adjacent properties.

(13)

Signs. Signs and advertising devices shall be prohibited in MHPs, except:

One identifying sign at each entrance of the MHP no larger than 24 square feet which may be indirectly lit, but not flashing.

Directional and informational signs for the convenience of tenants and the public relative to parking, office, traffic movement, etc.

MH "for sale" signs, provided that such signs that face a public road shall be no more than 10 square feet and shall be limited to two signs per MHP.

MH address signs. The styles and location of the identifying sign shall not interfere with vehicle sight distance and shall be constructed in accordance with the local sign regulations.

(14)

Storage. At least 300 cubic feet of enclosed tenant storage facilities shall be conveniently provided on or near each MH lot for the storage of materials and equipment.

(15)

Storm drainage. A storm drainage plan shall be prepared by a State of Maine registered professional engineer in accordance with Chapter 6 of the Technical Standards Handbook.

(16)

Groundwater.

Application. For MHPs not served by a public sewer, an assessment of the impacts of park development on groundwater quality shall be submitted prior to final approval of the park. The assessment shall be prepared by a State of Maine certified geologist or registered professional engineer and shall include the following:

A map showing the basic soil types.

The depth to the water table at representative points throughout the MHP.

Drainage conditions throughout the MHP.

Data on the existing groundwater quality, either from test wells in the MHP or from existing wells on neighboring properties.

[5]

An analysis and evaluation of the effect of the MHP on groundwater resources. The evaluation shall, at a minimum, include a projection of post-development nitrate-nitrogen concentrations at any wells within the MHP, measured at the MHP boundaries or measured at a distance of 1,000 feet from potential contamination sources, whichever is a shorter distance. For MHPs within the watershed of a lake, projections of the development's impact on groundwater phosphate concentrations shall also be provided.

[6]

A map showing the location of any subsurface wastewater disposal systems and drinking water wells within the MHP and within 200 feet of the MHP boundaries.

Standards.

Projections of groundwater quality shall be based on the assumption of drought conditions (assuming 60% of annual average precipitation).

No MHP shall increase any contaminant concentration in the groundwater to more than 1/2 of the Primary Drinking Water Standards. No MHP shall increase any contaminant concentrations in the groundwater to more than the Secondary Drinking Water Standards. The Primary Drinking Water Standards, adopted by the Maine Department of Human Services, are health-related standards which include nitrate concentrations. The Secondary Drinking Water Standards relate to aesthetics and include iron and manganese concentrations.

If groundwater contains contaminants in excess of the primary standards, and the MHP is to be served by on-site groundwater supplies, the applicant shall demonstrate how water quality will be improved or treated.

If groundwater contains contaminants in excess of the secondary standards, the MHP shall not cause the concentration of the parameters in question to exceed 150% of the ambient concentration.

Development. Subsurface wastewater disposal systems and drinking water wells shall be constructed as shown on the map submitted with the assessment. If construction standards for drinking water wells are recommended in the assessment, those standards shall be included as a note on the plan.

(17)

Park administration. The owner or operator of a MHP shall be responsible for ensuring the maintenance of all park-owned structures and their sites. Park management shall conform to state laws. Compliance with this chapter shall not exempt the park owner, developer, or manager from complying with other applicable local, state, and federal codes and regulations.

(18)

Open space.

For MHPs served by a public sewer, an area amounting to no less than 10% of the total area devoted to individual lots shall be set aside for open space and/or recreation. Such space shall be accessible and usable by all residents of the park. Parking space, driveways and streets and buffer areas are not considered usable space, but community recreation buildings, pools and courts are considered as open space.

Open space suitability. At least 50% of the required open space shall consist of land that is suitable for active recreation or storage.

Developed open space. All developed open space shall be designed and landscaped for the use and enjoyment of the park residents and shall be maintained for their long-term use. Plans for these areas shall be submitted by the developer.

Undeveloped open space. To the maximum extent possible, undeveloped open space shall be left in its natural state. Improvements to make trails for walking and jogging or to make picnic areas are permitted.

Open space ownership. The developer shall submit, as part of his/her application, a copy of that portion of the proposed park rules and a plan which specify how the open space is to be used and maintained and what conditions are to apply to its use. The plan shall specify the areas to be dedicated to open space, recreation and storage.

Open space shall be maintained and used for its stated purpose.

(19)

Buffer strips.

A fifty-foot-wide buffer strip shall be provided along all property boundaries that abut residential land which has a gross density of less than 1/2 of that proposed in the park; or abut residential land that is zoned at a density of less than 1/2 of that proposed in the park. Further, no structures, streets or utilities may be placed in the buffer strip, except that they may cross a buffer strip to provide services to the park.

Within 25 feet of any property line and within the buffer strip, visual screening and/or landscaping shall be provided. The visual screening may consist of fences, berms, landscaping (such as shrubs and trees) and/or natural existing vegetation. This screening shall effectively screen at least 80% of the homes from view from all adjacent property and shall be maintained throughout the life of the project.

(20)

Conversion of park. No lot in MHPs may be sold or conveyed without prior approval by the Planning Board. Any such lot sold or conveyed shall meet the lot size requirement of the district in which it is located.

Accessory Dwelling Units (ADU). One Accessory Dwelling Unit shall be allowed on all parcels where a One and Two-Family Dwelling is the only residential use on the lot.

The following standards SHALL NOT apply for an ADU.

Density standards.

Lot size.

On-site parking.

The following standards SHALL apply for an ADU.

Minimum floor area shall be at least 190 square feet.

Maximum floor area shall not exceed the floor area of the primary structure on the property.

A building addition ADU, attached to the principal structure, shall meet the setback requirements for the primary structure.

A detached accessory structure ADU shall meet setback requirements for an accessory structure.

All water and sewer/septic rules for a dwelling unit shall be met.

§ 300-525 Municipal and public utilities and communications facilities.

All other federal, state, and/or local rules, ordinances and codes applicable to a dwelling unit.

Nothing in this subsection E prohibits additional dwelling units from being constructed on a parcel of land where all other ordinance standards for the additional units can be met, including but not limited to density, setback, parking, and other standards.

[Amended 1-21-1992 by Ord. No. 303; 2-17-1993 by Ord. No. 26]

Utilities and communications facilities permitted by right.

Most utilities or communications facilities may be classified by their function either as distribution or transmission lines. Most distribution facilities, i.e., those serving area uses, best serve their function in proximity to rights-of-way, property lines and adjoining properties. In general, such facilities, by nature, have little or no impact on their service area physically, aesthetically or environmentally once in place. Therefore, except as regulated in the Shoreland Overlay Districts where the minimum setback from the normal high-water mark applies, all sanitary and water main extensions, pumping and pressure control stations and all television, telephone and power line extensions, including poles, cross-connects, subscriber loop carriers, network interface equipment, distribution area interfaces, service drops and similar structures and appurtenances on existing streets and roads, or as approved by the Planning Board and Code Enforcement Officer through the subdivision and building permit plan review processes, are permitted by right. No building permits are needed; however, where pavement cuts in the City right-of-way are needed, a permit shall be obtained.

Such facilities shall be located in the right-of-way where necessary (as provided for in 35-A M.R.S.A. § 2503) or may be located on private property. Whether owned in fee by the service provider or whether an easement has been acquired from the property owner, or by other method, the land area upon which such facilities are placed need not comply with the minimum dimensional standards for lot size, frontage and setbacks outlined in the districts in which they are located or proposed.

Major municipal or public utilities and communications facilities. See "public utility" and "municipal or public utilities and communications facilities" in § 300-202, Additional definitions.

Except for transmission lines and commercial towers, all such facilities shall comply with the dimensional requirements outlined in the district in which they are located or proposed.

Transmission lines need not meet the minimum dimensional requirements, however, shall meet as great a setback from adjacent property lines and water bodies as can be achieved given such constraints as topography or limitations on height.

Commercial towers shall meet a minimum lot area of 10,000 square feet and a minimum forty-five-foot setback from property lines as measured from the outer base of the tower. A minimum twenty-five-foot perimeter buffer in accordance with the density outlined in Buffer Yard C (Table 300-502-B) (five canopy trees, four understory trees, six evergreens, and 15 shrubs per 100 feet of perimeter) shall be planted and/or maintained. The minimum planting height of the required evergreens shall be between six feet and eight feet. Existing natural vegetation may be used so long as the density of plantings is equivalent to the density outlined above.

In addition, all such facilities, except for transmission lines which may be constructed of wood or steel, shall employ materials and colors that blend with the surroundings.

When regulated by the United States Federal Aviation Administration or Federal Communications Commission, applications for such facilities shall be accompanied by evidence that such facility meets or can meet the requirements and specifications of the FAA, FCC and the Augusta State Airport.

Except for transmission lines, security measures, in accordance with industry standards, shall be placed no less than at the perimeter of the developed area whenever such a facility abuts a residential property line.

Minor municipal and public utilities and communications facilities. See "public utility" and "municipal or public utilities and communications facilities" in § 300-202, Additional definitions. Minor utilities and communications facilities shall carefully consider existing uses within view and ensure that site and building design is in character with the existing area to the extent possible.

Except in shoreland areas where special standards may apply, such facilities to be constructed off the public right-of-way need not comply with the minimum dimensional standards for lot size, frontage and side and rear setbacks as outlined in the districts in which they are located. Minimum lot and easement size shall be based on the facility's needs while meeting the minimum setbacks established below.

Such facilities shall meet a minimum twenty-foot setback from all residential property lines, 10 feet of which shall be planted in accordance with Buffer Yard C (§ 300-502) and shall utilize a plant multiplier of 0.5. Such facilities shall meet a minimum ten-foot setback from all nonresidential property lines and be planted in accordance with a choice of Buffer Yards B or C using a plant multiplier of 0.5.

Section 300-505, Driveway and access standards, shall apply, and, in the case of such a utility proposed for a flag lot, the access standards applicable to flag lots shall apply.

Section 300-514, Air and water quality standards, shall apply.

The standard in Subsection B(4) of § 300-525B, Major municipal or public utilities and communications facilities, shall apply.

§ 300-526 Waste facilities.

Waste facilities Class 1.

Waste facilities Class 1 include recycling centers (as defined) and paper, cardboard, glass and metals recycling for business, commerce and industry.

The following information is required with any application for waste facility Class 1:

Detailed description of operation.

Description of on-site circulation pattern for loading and unloading of goods.

Description of markets; method of disposal of by-products.

Waste facilities Class 2.

Uses. The following uses shall be considered waste facilities Class 2:

Composting facilities.

Junkyards (§ 300-523 also applies).

Landfills.

Waste to energy plants.

Septage handling facilities.

Tire processing and storage facilities.

(g)

Hazardous waste handling facilities.

Along with the information required with any application for waste facility Class 1, the following standards and restrictions apply to waste facilities Class 2:

All such applications shall include certification or evidence that certification can be obtained from the appropriate permitting authority of the State of Maine.

Such uses shall not be located within 500 feet of a residential property line or residential district boundary line.

Such uses shall not be located over a mapped sand and gravel aquifer.

Measures shall be taken to ensure that safe and healthful conditions shall be maintained.

The Planning Board may require that emergency power systems, special operational controls and any other measures be utilized to mitigate any adverse impacts to the neighborhood and environment.

§ 300-527 Type "1" manufactured housing.

Consideration shall also be given to the existing road and highway system when deciding on the location for such a facility. Locations on a major highway shall be given preference, as will transportation routes that do not utilize existing residential areas.

[Amended 2-12-2001 by Ord. No. 21; 5-6-2002 by Ord. No. 212; 8-19-2002 by Ord. No. 257; 4-15-2021 by Ord. No. 21-066; 7-21-2022 by Ord. No. 22-147; 10-3-2024 by Ord. No. 24-133]

Provisions for Type "1" manufactured housing located in Augusta on or before August 4, 1988. In accordance with 30-A M.R.S.A. § 4358, and notwithstanding § 300-304A(1) of this chapter, Type "1" manufactured housing which legally existed in Augusta on or before August 4, 1988, regardless of its date of manufacture, can be moved from its existing location to another legally allowable location within Augusta and is not subject to the design requirements of § 300-527B(1)-(4) below.

Placement of “Type 1” manufactured housing. Except as permitted by § 300-527A, placement of “Type 1” manufactured housing is not permitted unless the following standards and conditions are satisfied:

Shall be placed on a concrete foundation that complies with Maine Manufactured Housing Board Rules or the Maine Uniform Building and Energy Code,

Shall be constructed with a roof pitch of at least 3:12 that overhangs on all sides,

Shall have siding typical of residential structures,

Shall be surrounded with rigid skirting, and

If manufactured prior to June 15, 1976, or not built in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, the manufactured home shall be inspected by the Code Enforcement Bureau for compliance with applicable requirements of the National Electric Code, plumbing code and Life Safety Code. A written evaluation from a structural engineer may also be required, as determined by the Code Enforcement Officer.

§ 300-527.1 Solar facilities.

[Added 10-21-2021 by Ord. No. 21-187]

All solar facilities shall follow all processes and meet all standards of this ordinance, except where processes or standards in this section are more stringent. In that case, the processes and standards here shall apply.

Visual impact reduction. Each ground-mounted large scale solar facility shall limit the visual impact of their facility to the greatest extent feasible, regardless of distance from a public or private way or adjacent structure, in some or all of the following ways:

Fencing. Fencing shall meet the following standards:

Be the minimum height necessary to meet the National Electrical Code standard for a fence that does not require barbed wire at the top.

Blend in to the environment as well as possible by being an unobtrusive color and style.

Be wildlife friendly allowing animals such as raccoons, rabbits, and other small animals to pass through the bottom portion of the fence.

Vegetated buffer plantings. Vegetated buffer plantings meeting the Buffer Yard C standard in Table 300-502-B shall be placed outside fence lines along any fence line visible from a public or private way or adjacent to a residential land use. The Planning Board shall have flexibility to waive some or all of this buffer yard planting depending on site specific conditions as outlined by the applicant.

Berms. Berms should be considered as an option to reduce or eliminate the visual impact of a solar installation from a public or private way or adjacent structure. Berms may be used to reduce the required vegetated buffer plantings by up to 50%, if the Planning Board finds that this is a suitable alternative or the site-specific conditions outlined by the applicant.