[Added 1-21-1992 by Ord.
No. 303; amended 3-20-2000 by Ord. No. 310]
This section shall be known and cited as the "City of Augusta
Sexually Oriented Business Ordinance" and will be referred to herein
as "this section." This section limits sexually oriented businesses
to the zoning district(s) specified under this chapter; prescribes
definitions of sexually oriented businesses; provides for permitting
and regulation of sexually oriented businesses; and provides for additional
miscellaneous standards for sexually oriented businesses.
A.
B.
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.
C.
ADULT ARCADE
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
(1)
(2)
ADULT CABARET
(1)
(2)
(3)
ADULT MOTEL
(1)
(2)
(3)
ADULT MOTION-PICTURE THEATER
ADULT THEATER
ESTABLISHMENT
(1)
(2)
(3)
(4)
PERMITTEE
PERSON
REGULARLY
SEXUALLY ORIENTED BUSINESS
SPECIFIED CRIMINAL ACTIVITY
(1)
(a)
(b)
(c)
(2)
SPECIFIED SEXUAL ACTIVITIES
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
(1)
(2)
(3)
Definitions. As used in this section, unless the context otherwise
indicates, the following items have the following meanings:
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.
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.
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
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.
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.
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
The relocation of any sexually oriented business.
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.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
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.
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.
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 increase in floor areas occupied by the business by more
than 25%, as the floor areas exist on the date this section takes
effect.
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.
E.
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.
F.
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.
G.
Application procedure.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(a)
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.
(b)
The completed application for a sexually oriented business permit
shall contain the following information and shall be accompanied by
the following documents:
[1]
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.
[3]
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.
[4]
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.
H.
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.
I.
Standards for obtaining a sexually oriented business permit.
(1)
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:
(a)
An application for a sexually oriented business permit fails to meet all of the performance standards identified in Subsection J below.
(b)
An applicant is under 18 years of age.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(2)
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.
J.
Sexually oriented businesses performance standards.
(1)
General zoning standards.
(a)
Sexually oriented businesses may be operated only in the Industrial
Zone (IA) as described in this chapter.
(b)
Sexually oriented businesses may not be operated within 500
feet of any protected use as set forth below:
[1]
A church, synagogue, mosque, temple or building which is used
primarily for religious worship and related religious activities;
[2]
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;
[3]
Any business oriented to serving anyone under 18 years of age,
including instruction in sports such as gymnastics or dance;
[4]
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.
(c)
Sexually oriented businesses may not be operated within 250
feet of a boundary of a Residential District as defined in this chapter.
(d)
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.
(e)
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.
(2)
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:
(a)
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.
(b)
The application shall be sworn to be true and correct by the
applicant.
(c)
No alteration in the configuration or location of a manager's
station may be made without the prior approval of the City.
(d)
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.
(e)
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.
(f)
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.
(3)
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.
(4)
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.
K.
Fees.
(1)
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.
(2)
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.
(3)
All permit/license applications and fees shall be submitted
to the City.
L.
Inspection.
(1)
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.
(2)
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.
M.
Expiration of permit.
(1)
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.
(2)
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.
N.
Suspension. The City Licensing Board shall suspend a permit for a
period not to exceed 30 days if it determines that a permittee has:
(1)
Violated or is not in compliance with any subsection of this
section;
(2)
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.
O.
Revocation.
(1)
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.
(2)
The City Council shall revoke a permit if it determines that:
(a)
A permittee gave false or misleading information in the material
submitted during the application process;
(b)
A permittee has knowingly allowed possession, use, or sale of
controlled substances on the premises;
(c)
A permittee has knowingly allowed prostitution on the premises;
(d)
A permittee knowingly operated the sexually oriented business during
a period of time when the permittee's license was suspended;
(e)
Except in the case of an adult motel, a permittee has knowingly
allowed any sex act to occur in or on the permitted premises.
(3)
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.
(4)
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.
P.
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.
R.
Appeals. Administrative appeals and variance applications submitted
under this section shall be subject to the standards and procedures
established by the Board of Appeals.
[Added 5-20-1996 by Ord.
No. 438]
A.
Required application information. In addition to site plan requirements outlined in § 300-601D, application for a permit shall contain the following information:
B.
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:
(1)
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.)
(2)
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.
(a)
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.
(b)
All vehicle service bays shall be located on the sides of buildings
away from residential properties to the extent possible.
(c)
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.
(d)
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.
(e)
All filling stations and/or convenience stores having gasoline
refueling facilities shall provide public restrooms.
(f)
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.
(3)
Auto sales business (may include service/wash facilities).
(a)
All automobile sales businesses shall designate parking for
outdoor vehicle display areas in addition to required customer and
employee parking.
(b)
All automobile sales businesses shall design for the loading
and unloading of vehicles from vehicle carriers on site.
(c)
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.
A.
Campgrounds. Campgrounds shall conform to the minimum requirements
imposed under state licensing procedures and the following:
(1)
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.
(2)
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.
(3)
No recreational vehicle or tent shall be used for temporary
dwelling except in an approved campground.
(4)
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.
(5)
In any other district in which campgrounds are permitted, the
following minimum standards shall apply:
(a)
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.
(b)
No single site shall be less than 50 feet in width.
(c)
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.
(d)
A minimum of 155 square feet off-street parking space plus adequate
maneuvering space shall be provided for each site.
B.
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]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
Day-care uses shall conform to the minimum requirements imposed
under state licensing procedures.
(Reserved)
A.
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.
B.
Dimensional requirements. Junkyards shall meet all of the dimensional
requirements for industrial uses in the Rural District.
C.
Effective date of permit. A municipal permit for a junkyard shall
not become effective until all required permits have been obtained.
D.
Site considerations.
(1)
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.
(2)
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.
(3)
No motor vehicles or material shall be stored within 500 feet
of any dwelling or school.
(4)
No motor vehicles or material shall be stored within 300 feet
of any body of water.
E.
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.
[Amended 6-20-1994 by Ord. No. 546]
A.
Affordable housing. (Reserved)
[Amended 4-20-2017 by Ord. No. 17-069]
B.
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:
[Amended 6-19-2006 by Ord. No. 103]
(1)
Dimensional requirements and site design standards for residential
performance subdivisions shall be in accordance with the City of Augusta
Clustered Residential Development Design Manual which is incorporated
herein by reference. For other types of clustered residential development,
all other requirements of this section shall be met.
(3)
The development shall be reviewed as a subdivision and shall meet all requirements of Part 4, Subdivision and Site Plan Review, of this chapter.
(4)
All dimensional requirements in shoreland areas shall be met.
C.
Condominiums.
(1)
Proposals for condominium development shall be reviewed as subdivisions.
(2)
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.
D.
Mobile home/manufactured housing parks.
(1)
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.
(2)
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.
(3)
Lot size, width and density.
(a)
Lots in MHPs shall meet the following lot size, width and density
requirements:
[1]
Lots served by public sewer shall be at least 6,500 square feet
and shall be at least 50 feet in width.
[2]
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.
[3]
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.
[4]
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:
(4)
Lot setbacks.
(a)
The following lot setbacks shall apply to all homes and accessory
buildings:
[1]
Front setback: 20 feet.
[2]
Side setback: 20 feet.
[3]
Rear setback: 10 feet.
[4]
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.
(b)
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.
(c)
Carports of noncombustible materials are not subject to side
setback requirements.
(d)
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.
(e)
Distance between homes. A minimum twenty-foot separation shall
be maintained between all manufactured homes in all directions.
(5)
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.
(a)
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.
(b)
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.
(c)
One-way streets shall have a minimum right-of-way of 18 feet
and a minimum paved surface of 14 feet.
(d)
Parking lanes shall be a minimum of eight feet in width, if
provided.
(e)
Cul-de-sac turnarounds shall have minimum radii of 50 feet at
the outer edge of the pavement, exclusive of any parking areas.
(f)
MHP roads which intersect with public roads shall meet the following
standards:
[1]
Angle of intersection. The desired angle of intersection shall
be 90°. The minimum angle of intersection shall be 75°.
[2]
Grade. The maximum permissible grade within 75 feet of the intersection
shall be 3%.
[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.
[4]
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.
(a)
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.
(b)
A traffic impact analysis shall be required if the park will
generate more than 500 trips/day.
(c)
For MHPs expected to generate 200 trips per day or more, there
shall be at least two entrances from public streets or roads.
(d)
On-street parking shall be prohibited unless an eight-foot parking
lane is provided, in which case on-street parking may be permitted
on the side of the road where the parking lane is located.
(e)
Curvilinear streets shall be utilized wherever possible. No
street within the park shall be more than 200 feet without a curve
or bend.
(f)
No MH lot may have vehicular access directly onto a state highway.
(9)
Parking requirements.
(a)
For each MH lot, there shall be provided and maintained at least
two off-street parking spaces. Each parking space shall contain a
minimum area of 162 square feet with minimum dimensions of nine feet
by 18 feet. This requirement may be waived if an equivalent number
of spaces is provided by a parking lane.
(b)
In addition to occupant parking, off-street guest and service
parking shall be provided within the boundaries of the park at a ratio
of one space for each four MH lots. Such parking shall be graveled
or paved, and the spaces shall be reserved for that sole use. This
requirement shall be waived if a parking lane provides an equivalent
number of spaces.
(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:
(a)
One identifying sign at each entrance of the MHP no larger than
24 square feet which may be indirectly lit, but not flashing.
(b)
Directional and informational signs for the convenience of tenants
and the public relative to parking, office, traffic movement, etc.
(c)
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.
(d)
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.
(a)
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:
[1]
A map showing the basic soil types.
[2]
The depth to the water table at representative
points throughout the MHP.
[3]
Drainage conditions throughout the MHP.
[4]
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.
(b)
Standards.
[1]
Projections of groundwater quality shall be based
on the assumption of drought conditions (assuming 60% of annual average
precipitation).
[2]
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.
[3]
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.
[4]
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.
(c)
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.
(a)
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.
(b)
Open space suitability. At least 50% of the required open space
shall consist of land that is suitable for active recreation or storage.
(c)
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.
(d)
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.
(e)
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.
(f)
Open space shall be maintained and used for its stated purpose.
(19)
Buffer strips.
(a)
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.
(b)
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.
[Amended 1-21-1992 by Ord. No. 303; 2-17-1993 by Ord. No. 26]
A.
Utilities and communications facilities permitted by right.
(1)
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.
(2)
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.
B.
Major municipal or public utilities and communications facilities. See "public utility" and "municipal or public utilities and communications facilities" in § 300-202, Additional definitions.
(1)
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.
(a)
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.
(b)
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.
(2)
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.
(3)
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.
(4)
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.
C.
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.
(1)
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.
(2)
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.
A.
Waste facilities Class 1.
(1)
Waste facilities Class 1 include recycling centers (as defined)
and paper, cardboard, glass and metals recycling for business, commerce
and industry.
B.
Waste facilities Class 2.
(2)
Along with the information required with any application for
waste facility Class 1, the following standards and restrictions apply
to waste facilities Class 2:
(a)
All such applications shall include certification or evidence
that certification can be obtained from the appropriate permitting
authority of the State of Maine.
(b)
Such uses shall not be located within 500 feet of a residential
property line or residential district boundary line.
(c)
Such uses shall not be located over a mapped sand and gravel
aquifer.
(d)
Measures shall be taken to ensure that safe and healthful conditions
shall be maintained.
(e)
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.
(f)
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]
A.
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, provided that the unit meets the requirements of minimum roof pitch and siding and roofing materials of that district.
B.
Type "1" manufactured housing, as allowed on Attachment 4, Table
of Land Uses in the base Zoning Districts.
[Amended 4-15-2021 by Ord. No. 21-066]
(1)
Initial placement of Type "1" manufactured housing as defined in § 300-202 of this chapter is not permitted.
(2)
Type "1" manufactured housing legally existing prior to the
effective date of this chapter and located on an individual lot or
within a legally existing manufactured housing park shall be allowed
to continue to be so located and may be upgraded or replaced with
the following conditions:
(a)
The replacement Type "1" manufactured home shall be equal to
in age or newer than the home being replaced, with the exception that
for the initial placement of a unit by a new lessee of a mobile home
pad within a manufactured housing park, that the mobile home unit
meet as a minimum standard the "newer mobile home" definition; and
further, that when that same lessee wants to upgrade to a better unit
that the replacement unit be equal in age to or newer than the unit
being replaced; and
(b)
The replacement Type "1" manufactured home shall be a newer mobile home as defined in § 300-202 of this chapter; and
(c)
The replacement Type "1" manufactured home shall be placed on
a permanent foundation, frost wall, concrete slab, or gravel pad;
and
(d)
The replacement Type "1" manufactured home shall be constructed
with a shingled or standing-seam metal roof of adequate pitch* that
overhangs on all sides; and
(e)
The replacement Type "1" manufactured home shall be sided with
wood, metal or vinyl siding of a type resembling clapboards or other
residential exteriors.
NOTES:
| ||
---|---|---|
*
|
3:12 for single-width homes; 3:12 for double-width homes.
|
(3)
Initial placement of manufactured housing parks as defined in § 300-202 of this chapter is not permitted.
(4)
If a legally placed Type "1" manufactured home is removed from
an existing legally permitted lot and not replaced within 12 calendar
months of its removal, an upgraded or replacement Type "1" manufactured
home may no longer be placed on that lot.
C.
Type "1" manufactured housing, as allowed on Attachment 4, Table
of Land Uses in the base Zoning Districts.
[Amended 4-15-2021 by Ord. No. 21-066]
(1)
Initial placement of Type "1" manufactured housing as defined in § 300-202 of this chapter is permitted, provided that it conforms to the following conditions:
(a)
The Type "1" manufactured home shall be a newer mobile home as defined in § 300-202 of this chapter, except that in the RRES zoning district they shall meet or exceed the U.S. Housing and Urban Development Manufactured Home Construction and Safety Standards adopted in 1994; and
[Amended 7-21-2022 by Ord. No. 22-147]
(b)
The Type "1" manufactured home shall be placed on a permanent
foundation, frost wall, concrete slab or gravel pad; and
(c)
The replacement Type "1" manufactured home shall be constructed
with a shingled or standing-seam metal roof of adequate pitch* that
overhangs on all sides; and
(d)
The replacement Type "1" manufactured home shall be sided with
wood, metal or vinyl siding of a type resembling clapboards or other
residential exteriors.
NOTES:
| ||
---|---|---|
*
|
3:12 for single-width homes; 3:12 for double-width homes.
|
(2)
Type "1" manufactured housing legally existing prior to the
effective date of this chapter and located on an individual lot or
within a legally existing manufactured housing park shall be allowed
to continue to be so located and may be upgraded or replaced with
the following conditions:
(a)
The replacement Type "1" manufactured home shall be equal to
in age or newer than the home being replaced, with the exception that
for the initial placement of a unit by a new lessee of a mobile home
pad within a manufactured housing park, that the mobile home unit
meet as a minimum standard the "newer mobile home" definition; and
further, that when that same lessee wants to upgrade to a better unit
that the replacement unit be equal in age to or newer than the unit
being replaced; and
(b)
The replacement Type "1" manufactured home shall be a newer mobile home as defined in § 300-202 of this chapter; and
(c)
The replacement Type "1" manufactured home shall be placed on
a permanent foundation, frost wall, concrete slab or gravel pad; and
(d)
The replacement Type "1" manufactured home shall be constructed
with a shingled or standing-seam metal roof of adequate pitch* that
overhangs on all sides; and
(e)
The replacement Type "1" manufactured home shall be sided with
wood, metal or vinyl siding of a type resembling clapboards or other
residential exteriors.
D.
Type "1" manufactured housing located within the IA, RR, RV, and RPDS Zoning Districts. Initial Placement of Type "1" manufactured housing as defined in § 300-202 of this chapter is allowed within legally existing or newly established manufactured housing parks or on legally permitted individual lots in the IA, RR, RV and RPDS Zoning Districts, without age or design requirement restrictions.
[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.
A.
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:
(1)
Fencing. Fencing shall meet the following standards:
(a)
Be the minimum height necessary to meet the National Electrical
Code standard for a fence that does not require barbed wire at the
top.
(b)
Blend in to the environment as well as possible by being an
unobtrusive color and style.
(c)
Be wildlife friendly allowing animals such as raccoons, rabbits,
and other small animals to pass through the bottom portion of the
fence.
(2)
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.
(3)
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.
(4)
Electrical connections. All on-site wiring shall be underground.
Wiring at panel locations, junction boxes, and the tie in to the electrical
grid may be above-ground.
B.
Maintenance and operation plan. Ground-mounted and building-mounted
medium and large scale solar facilities shall provide a maintenance
and operation plan that meets industry standards for a solar installation.
It shall include but not be limited to, as applicable 1) fence maintenance;
2) buffer yard vegetation maintenance; 3) internal vegetation management;
4) proper panel and electrical equipment function.
C.
Glare. Ground-mounted and building-mounted medium and large scale
solar facilities shall be sited to minimize or eliminate glare to
nearby properties, public ways, or airports. All installations within
a two-nautical-mile radius of the Augusta State Airport, as measured
based on the runway centerline closest to the location in question,
shall submit a solar glare hazard analysis tool (SGHAT) report, outlining
solar panel glare and ocular impacts, for each point of measurement
approved by the airport manager at the time of application to the
Planning Board.
D.
Decommissioning plan. A decommissioning plan shall be submitted to
the City as part of the initial application detailing the costs and
procedure for decommissioning. The decommissioning plan shall be updated,
with adjusted costs, every five years, submitted to the City, and
approved by administrative staff. If the State DEP or other agency
requires a decommissioning bond, the Planning Board may waive the
need for a bond assigned to the City.
E.
Decommissioning. Ground-mounted medium and large scale solar facilities
which have failed to operate for more than one year shall be considered
abandoned. Removal of all structures and appurtenances shall be completed
by the landowner and/or the equipment owner within 180 days of abandonment
or decommissioning. Removal shall follow procedures of the wrecking
and demolition permit.
F.
Roads. Limited access commercial roads in medium and large scale
solar facilities may be reduced to 16 feet wide, however a minimum
twenty-four-foot wide entrance for 50 feet from the street shall be
provided unless otherwise approved by the Planning Board. The road
shall have turn-arounds outside of gates, near the end of the road,
and every 1,000 feet along an access road. The road shall be constructed
with a minimum of 12 inches of Type D gravel as specified by the Maine
Department of Transportation's standard specifications, however
the gravel shall be of adequate depth to support emergency vehicles.
The road base shall be free draining either from ditching or underdrain.
G.
Emergency service. A Knox-Box® shall
be provided at any gate entrance for property access required by emergency
personnel.