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Town of Casco, ME
Cumberland County
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Code
New Laws (1) Index
[Amended 5-31-1989 by Art. 2; 9-28-1991 by Art. 14]
The Town of Casco is hereby divided into the following districts:
A. 
Village (V).
B. 
Residential (R).
C. 
Commercial (C).
D. 
Streams and Wetlands Protection (SW).
E. 
Aquifer Protection Overlay (AP).
F. 
Manufactured Housing Park (MHP).
G. 
Resort Commercial Overlay (RC).
H. 
Shoreland District.
(1) 
Resource Protection (RP).
(2) 
Limited Residential/Recreational (LRR).
(3) 
Limited Commercial/Residential (LCR).
(4) 
Stream Protection (SP).
(5) 
Watershed (WS).[1]
[1]
Editor's Note: At the March 1991 Town Meeting, under Arts. 160 and 161, it was voted to create a Watershed District and to place Coffee Pond in a Watershed District called the "Coffee Pond Watershed."
A. 
The Official Zoning Map is hereby adopted as part of this chapter. It shall be located at the Town office and shall be the final authority as to the current zoning status of the land and water areas, buildings, and other structures of the Town.
B. 
If action of the Town Meeting amends districts or district boundaries, such change shall promptly be entered on the Official Zoning Map and certified on the map as follows: "on (date), by the action of the Town Meeting, the following changes were made on the Official Zoning Map: (brief description of the nature of changes)," which entry shall be signed by the Planning Board and attested by the Town Clerk.
C. 
In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes or additions, the Town Meeting may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map shall be identified by the signature of the Planning Board attested by the Town Clerk, under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map (date of adoption of map being replaced) as part of the Zoning Ordinance of the Town of Casco, Maine." The superseded Official Zoning Map shall be preserved together with available records pertaining to its adoption or amendment.
Where uncertainty exists with respect to the boundary of any district as shown on the Official Zoning Map, the following rules shall apply:
A. 
Where district boundaries are so indicated as to approximately follow lot lines, such lot lines shall be construed to be such district boundaries.
B. 
Where district boundaries are indicated as approximately following the center lines of roads, streets, highways, streams, rivers or other public/semi-private rights-of-way, such center lines shall be construed to be such boundaries.
C. 
Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline.
D. 
Where uncertainty exists in determining the precise location of any district boundary line, or where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, the Appeals Board, with advice from the Planning Board, shall interpret the district boundaries.
[Amended 6-14-2017 by Art. 27]
The following sections state purposes and land use standards for each of the zoning districts of this chapter. Except as otherwise provided in § 215-3.2 (Nonconformance), any structure or land that hereafter is used or occupied, and any structure or portion thereof that is erected, moved, constructed, reconstructed, extended, enlarged, or altered, shall be in conformity with the standards herein specified for the zoning district in which it is located and the performance standards of this chapter.
A. 
Intent. To provide a variety of housing types and services within a compact area while reinforcing existing village characteristics. This district is established to combine the convenience of village life with the physical amenities of a rural environment and to encourage development near adequate roads and Town services. Toward the achievement of these purposes, the following minimum standards are established.
B. 
Permitted uses.
(1) 
The following uses are permitted:
(a) 
One-family or duplex dwellings.
[Amended 6-12-2013 by Art. 27]
(b) 
Manufactured housing that complies with performance standards herein.
(c) 
Accessory residential structures.
(d) 
Home occupations that comply with performance standards herein.
(e) 
Timber harvesting.
(f) 
Agriculture.
(2) 
The following uses require site plan review:
(a) 
Dwelling, multiplex.
[Amended 6-12-2013 by Art. 27]
(b) 
Planned residential developments that comply with performance standards herein.
(c) 
Schools.
(d) 
Nursing homes.
(e) 
Churches.
(f) 
Day-care centers.
(g) 
Community living use.
(h) 
Residential care facilities.
(i) 
Municipal and state facilities.
(j) 
Private assembly.
(k) 
Public assembly.
(l) 
Retail or convenience stores not to exceed 2,000 square feet of first floor area.
(m) 
Professional buildings not to exceed 3,000 square feet of gross floor area.
(n) 
Restaurants and take-out businesses.
(o) 
Motor vehicle service stations.
[Amended 6-20-1998 by Art. 72]
(p) 
Bed-and-breakfast establishments.
(q) 
Visual and performing arts buildings.
(r) 
Funeral homes.
(s) 
Public utilities.
[Added 6-21-1997 by Art. 71]
(t) 
Adult use marijuana cultivation facility.
[Added 6-15-2022 by Art. 39]
(3) 
All other uses are prohibited.
C. 
Space standards.
(1) 
Minimum lot size: 60,000 square feet.
(2) 
Minimum land area per dwelling unit (for duplex, multiplex and PRDs): 60,000 square feet of net residential area.
[Amended 6-12-2013 by Art. 27]
(3) 
Maximum building coverage: 20%.
(4) 
Minimum road frontage: 150 feet.
(5) 
Minimum setbacks:
(a) 
Front: 40 feet.
(b) 
Side: 15 feet, except as provided in Subsection C(6) below.
[Amended 6-15-2002 by Art. 72]
(c) 
Rear: 15 feet.
(6) 
Reduced side setback for accessory structure. The minimum side setback for an accessory storage structure of 100 square feet or less of floor area shall be 10 feet, provided that all of the following conditions are met:
[Added 6-15-2002 by Art. 72; amended 6-14-2017 by Art. 27]
(a) 
The accessory storage structure must meet all other setback requirements.
(b) 
All structures larger than 100 square feet in area on the property abutting the side of the accessory storage structure shall be set back at least 15 feet from the shared property line.
(c) 
The height of the accessory storage structure shall not exceed 12 feet.
(d) 
No more than one accessory storage structure per lot shall be entitled to the ten-foot side setback. Any additional accessory structures must meet the full fifteen-foot setback requirement.
(e) 
The use of the accessory storage structure shall be exclusively for storage. There shall be no human occupancy of the accessory storage structure and no cooking or bathroom facilities shall be permitted in the structure.
(f) 
No variance shall be permitted from this ten-foot setback requirement.
(7) 
Maximum building height: 35 feet.
D. 
Other standards.
(1) 
A twenty-foot maintained landscaped buffer is required in the front setback for all residential uses. Nonresidential uses shall follow the required buffers for front, side, and rear yards that conform to the performance standards as outlined in § 215-5.7, Buffer zones.
[Amended 9-24-2014 by Art. 2]
(2) 
Nonresidential uses are limited to one entrance/exit on Routes 302, 11, 85 and 121 unless a second entrance/exit is proposed by the owner/applicant and the Planning Board determines that all of the following conditions will be met and maintained:
[Amended 6-11-2003 by Art. 25]
(a) 
If a Maine Department of Transportation (MDOT) entrance permit is required in accordance with state standards, the MDOT permit dated after the adoption of this standard (June 11, 2003) shall be obtained prior to the Town considering a second curb cut.
(b) 
The minimum frontage owned by the applicant in order for the Planning Board to consider a second curb cut shall be 150 feet. The Appeals Board shall not have the authority to reduce this minimum frontage requirement in order for the Planning Board to consider a second curb cut.
(c) 
No other reasonable alternative exists, as determined by the Planning Board.
(d) 
The request for the second curb cut is based on demonstrated need and not convenience as determined by the Planning Board.
(e) 
The width of the second cut shall be the minimum necessary, as determined by the Planning Board, to meet functional requirements.
(f) 
The second curb cut shall not create or exacerbate an unsafe condition, as determined by the Planning Board, on the property where the second cut is proposed or for neighboring properties, including those located on the opposite side of the road.
(3) 
Nonresidential uses must meet standards of § 215-4.7E.
E. 
Density bonus for affordable housing. Single-family subdivisions comprised of 25% or more of affordable housing units as defined shall have minimum lot sizes of 50,000 feet. Multiplex and planned residential developments that include 25% or more affordable housing units as defined shall have a minimum of 50,000 square feet of net residential area per dwelling unit.
A. 
Intent. To provide an area to accommodate controlled residential growth while preserving open space, protecting natural resources and maintaining the basic rural orientation of the community. Toward the achievement of these purposes, the following minimum standards are established.
B. 
Permitted uses.
(1) 
The following uses are permitted:
(a) 
One-family or duplex dwellings.
[Amended 6-12-2013 by Art. 27]
(b) 
Manufactured housing that complies with performance standards herein.
(c) 
Accessory residential structures.
(d) 
Home occupations that comply with performance standards herein.
(e) 
Agriculture that complies with performance standards herein.
(f) 
Animal husbandry that complies with performance standards herein.
(g) 
Timber harvesting.
(2) 
The following uses require site plan review:
(a) 
Dwelling, multiplex.
[Amended 6-12-2013 by Art. 27]
(b) 
Planned residential developments that comply with performance standards herein.
(c) 
Schools.
(d) 
Nursing homes.
(e) 
Churches.
(f) 
Day-care centers.
(g) 
Residential care facilities.
(h) 
Community living use.
(i) 
Municipal and state facilities.
(j) 
Private assembly.
(k) 
Public assembly.
(l) 
Bed-and-breakfast establishments.
(m) 
Public utilities.
(n) 
Campgrounds that comply with performance standards herein.
(o) 
Commercial recreation: outdoor.
(p) 
Cemeteries.
(q) 
Visual and performing arts buildings.
(r) 
Mineral extraction that complies with performance standards herein.
(3) 
All other uses are prohibited.
C. 
Space standards.
(1) 
Minimum lot size: 80,000 square feet.
(2) 
Minimum land area per dwelling unit (for duplex, multiplex and PRDs): 60,000 square feet of net residential area.
[Amended 6-12-2013 by Art. 27]
(3) 
Maximum building coverage: 15%.
(4) 
Minimum road frontage: 200 feet.
(5) 
Minimum setbacks:
(a) 
Front: 50 feet.
(b) 
Rear: 25 feet.
(c) 
Side: 25 feet, except as provided in Subsection C(6) below.
[Amended 6-15-2002 by Art. 72]
(6) 
Reduced side setback for accessory structure. The minimum side setback for an accessory storage structure of 100 square feet or less of floor area shall be 10 feet, provided that all of the following conditions are met:
[Added 6-15-2002 by Art. 72; amended 6-14-2017 by Art. 27]
(a) 
The accessory storage structure must meet all other setback requirements.
(b) 
All structures larger than 100 square feet in area on the property abutting the side of the accessory storage structure shall be set back at least 25 feet from the shared property line.
(c) 
The height of the accessory storage structure shall not exceed 12 feet.
(d) 
No more than one accessory storage structure per lot shall be entitled to the ten-foot side setback. Any additional accessory structures must meet the full twenty-five-foot setback requirement.
(e) 
The use of the accessory storage structure shall be exclusively for storage. There shall be no human occupancy of the accessory storage structure and no cooking or bathroom facilities shall be permitted in the structure.
(f) 
No variance shall be permitted from this ten-foot setback requirement.
(7) 
Maximum building height: 35 feet.
[Amended 3-9-1991 by Art. 158; 6-21-1997 by Art. 67; 6-20-1998 by Art. 72]
A. 
Intent. To provide suitable locations for the development of particular types of commercial use; to encourage attractive commercial development; to generate convenient shopping areas for local residents and seasonal residents and visitors; to promote local areas siting for public-oriented service; and to promote safe and uninterrupted traffic flow by limiting the number of access points along Routes 302, 11 and 121. Toward the achievement of these purposes, the following land use standards are established.
B. 
Development. A conceptual plan for residential and/or commercial use of each parcel shall be submitted to the CEO at the time of application for building permit. When Planning Board review is necessary, the conceptual plan will be included. The plan shall address such issues as curb cuts, wastewater management, already existing buildings, and potential lot subdivision and interior roads. Where applicable, clustering shall be possible.
C. 
Permitted uses.
(1) 
The following uses are permitted:
(a) 
One-family dwellings (see general Town-wide performance standards).
(b) 
Modular housing (see general Town-wide performance standards).
(c) 
Timber harvesting.
(d) 
Agriculture that complies with performance standards herein.
(e) 
Mineral exploration.
(f) 
Home occupation.
(g) 
Businesses (see site plan requirements for Reviewing Authority applicability).
[Amended 9-24-2014 by Art. 6]
(2) 
The following uses require site plan review:
(a) 
Minor residential subdivisions.
(b) 
Commercial subdivisions.
(c) 
One residence and one commercial use on the same lot, provided the lot has a minimum of 80,000 square feet and 300 feet of road frontage.
(d) 
Two or more businesses in one or more structures on the same lot, provided the lot has a minimum of 80,000 square feet.
(e) 
Retail trade.
(f) 
Commercial sales and service: indoor and outdoor.
(g) 
Business and professional offices.
(h) 
Motor vehicle sales.
(i) 
Motor vehicle service stations.
(j) 
Motor vehicle repair garages.
(k) 
Restaurants.
(l) 
Drive-through facilities.
(m) 
Bed-and-breakfast establishments.
(n) 
Hotels/motels.
(o) 
Commercial recreation: indoor and outdoor.
(p) 
Visual and performing arts buildings.
(q) 
Public utilities.
(r) 
Municipal and state facilities.
(s) 
Churches.
(t) 
Public assembly.
(u) 
Private assembly.
(v) 
Schools.
(w) 
Residential care facilities.
(x) 
Nursing homes.
(y) 
Medical facilities/walk-in services.
(z) 
Day-care centers.
(aa) 
Construction services.
(bb) 
Light industrial uses that meet performance standards.
(cc) 
Truck facilities.
(dd) 
Enclosed warehousing and distribution facilities.
(ee) 
Junkyards.
(ff) 
Mineral extraction.
(gg) 
Mineral processing.
(hh) 
Kennels.
(ii) 
Veterinary services.
(jj) 
Campgrounds that comply with performance standards herein.
[Added 6-12-2019 by Art. 24]
(kk) 
Marijuana establishment.
[Added 6-15-2022 by Art. 39]
(3) 
All other uses are prohibited.
D. 
Space standards.
(1) 
Minimum lot size: 80,000 square feet.
(2) 
Maximum impervious surface to lot area (see site plan review):
(a) 
Forty percent.
(b) 
Forty-percent coverage of lot may be expanded up to 75% with Planning Board approval, dependent on adequate provisions for disposal of surface water.
(3) 
Minimum road frontage:
(a) 
On Routes 302, 11 and 121: 300 feet.
(b) 
On Routes 302, 11, and 121, in development of land under one ownership that aggregates more than 300 feet of continuous road frontage, the Planning Board may require access from service roads.
(c) 
On service and/or internal roads: 200 feet.
(4) 
Minimum setbacks:
(a) 
On Routes 302, 11 and 121:
[1] 
Front:
[a] 
Buildings shall be set back 80 feet from the right-of-way.
[b] 
Setback shall be measured to the building line.
[2] 
Side: 40 feet.
[3] 
Rear: 40 feet.
(b) 
For service and interior roads:
[1] 
Front: 55 feet to the front of the building. The first 10 feet of the setback shall be developed as a landscaped buffer strip, except for approved curb cuts.
[2] 
Side: If the building is of flammable material, 40 feet. If the building is of nonflammable material, 20 feet.
[3] 
Rear: If the building is of flammable material, 40 feet. If the building is of nonflammable material, 20 feet.
(5) 
Maximum building height: 35 feet. Any request for height greater than 35 feet but not greater than 45 feet shall require Planning Board approval subject to fire protection.
E. 
Other.
(1) 
Standard curb cuts.
(a) 
Lots fronting directly on Routes 302, 11, and 121 shall be limited to one curb cut. Additional curb cuts shall require Planning Board approval.
(b) 
Lots fronting on interior or service roads shall be limited to one curb cut. Additional curb cuts shall require Planning Board approval.
(2) 
Buffers. All buffers for front, side, and rear yards shall conform to the performance standards as outlined in § 215-5.7, Buffer zones.
[Amended 9-24-2014 by Art. 2]
(3) 
When two abutters bring a joint proposal to Planning Board, the Board may waive side and/or rear setbacks and side and/or rear buffers. The Planning Board shall have the authority to require the applicant(s) to record a copy of the Planning Board's final approval at the Cumberland County Registry of Deeds when the setbacks are waived.
(4) 
Outdoor storage areas shall be fenced.
(5) 
Outdoor storage in the front setback of Routes 302, 11, and 121 is prohibited.
(6) 
Outdoor storage in the setback of service and/or interior roads is prohibited.
(7) 
Display of goods and/or products is prohibited in all buffer areas.
(8) 
Signs. See sign standards § 215-5.28.
(9) 
Hazardous materials.
(a) 
The manufacturing and processing of hazardous materials may be permitted with specific Planning Board approval.
(b) 
The use of hazardous materials as part of a general operation of a business may be permitted with Planning Board approval.
(c) 
Retail sales and/or distribution, and storage of hazardous materials related to the same, may be permitted with Planning Board approval.
(d) 
Any use, reprocessing, transportation or storage of hazardous materials shall meet all applicable federal, state, and local standards.
(10) 
Performance standards. General Town-wide performance standards shall also apply.
[Amended 3-9-1991 by Art. 157; 9-28-1991 by Art. 16; 6-12-2013 by Art. 27; 9-24-2014 by Art. 4]
A. 
Intent. To protect the water quality of streams and brooks that flow into Crooked River and Casco's lakes and ponds and of significant wetland areas not protected under shoreland zoning. Buffering these areas will help protect them from the adverse impacts of development or environmental occurrences and maintain the high quality of Casco's larger water bodies. Toward the achievement of these purposes, the following minimum standards are established.
B. 
Applicability. These standards shall apply to all land areas within 75 feet, horizontal distance, of the normal high-water line of any stream or wetland of special significance as defined, exclusive of ponds and rivers protected under shoreland zoning.
C. 
Permitted uses.
(1) 
The following uses are permitted:
(a) 
Recreational uses not requiring structures.
(2) 
The following uses require Reviewing Authority review:
(a) 
Timber harvesting that complies with shoreland protection performance standards herein.
(b) 
Road and driveway crossings where necessary to provide access to lots.
(3) 
All other uses are prohibited.
D. 
Space standards.
(1) 
None; no structures permitted.
(2) 
Areas within the Streams and Wetlands Protection District composed of buildable land, as defined herein, may be included in determining the net residential area of contiguous land under the same ownership that lies outside the Streams and Wetlands Protection District.
A. 
Intent. To allow an area for the siting of manufactured housing parks. Toward the achievement of this purpose, the following minimum standards are established.
B. 
Permitted uses.
(1) 
Manufactured housing parks that comply with performance standards herein and that are approved under site plan review.
(2) 
All uses permitted in the Residential District (subject to site plan review where indicated).
C. 
Space standards.
(1) 
For permitted uses other than manufactured housing parks, Residential District space standards apply.
(2) 
For manufactured housing parks, the following standards apply:
(a) 
Minimum park size: 200,000 square feet.
(b) 
Minimum road frontage: 500 feet for park.
(c) 
Minimum width of park's rear property line: 300 feet.
(d) 
Minimum land area per manufactured dwelling unit: 20,000 square feet of net residential area.
(e) 
Minimum distance between buildings: 50 feet.
(f) 
Minimum setback from park property line: 200 feet.
(g) 
Minimum lot size for individual lots within park: 20,000 square feet.
(h) 
Minimum setbacks from individual lot lines within park: 25 feet.
(i) 
Maximum building height: 25 feet.
D. 
Other standards. The following standards apply to manufactured housing parks within this district. Other performance standards for manufactured home parks are described in § 215-5.17 of this chapter.
(1) 
Manufactured homes within the park shall meet the definition of "manufactured housing unit" herein.
(2) 
Manufactured housing parks shall not be subdivided, for sale of individual lots, or condominiumized, for sale of individual units, without prior review and approval of the Casco Planning Board.
(3) 
No parking or construction shall be permitted within park setbacks.
(4) 
Agriculture and animal husbandry are prohibited.
(5) 
Buffering, consisting of natural features, planting and/or fencing, shall be required and maintained in the park setbacks to provide an effective visual and physical screen between park boundaries and surrounding areas.
A. 
Intent. To protect Casco's underground water supply by restricting uses and activities on land overlying aquifers and aquifer recharge areas. Toward the achievement of this purpose, the following minimum standards are established.
B. 
Permitted uses. Same as underlying district (subject to site plan review where indicated) except for prohibited uses listed herein.
C. 
Prohibited uses.
(1) 
Duplex, multiplex, and PRDs, but not single-family dwellings.
[Amended 6-14-2017 by Art. 27; 6-9-2021 by Art. 27]
(2) 
Engineered sewerage systems.
(3) 
Industrial and manufacturing uses, including light industrial uses.
(4) 
Outdoor storage.
(5) 
Uncontained salt and sand piles.
(6) 
Uncontained manure storage.
(7) 
Storage of hazardous materials.
(8) 
Junkyards.
(9) 
Restaurants.
(10) 
Hotels.
(11) 
Motor vehicle service stations.
[Amended 6-14-2017 by Art. 27]
(12) 
Motor vehicle repair garages.
[Amended 6-14-2017 by Art. 27]
(13) 
Truck facilities.
(14) 
Construction services.
D. 
Space standards. When more restrictive than those of the underlying zone, the following space standards shall be applied, except in the case of single-family dwellings, which shall instead be subject to the space standards of the underlying zone.
[Amended 6-9-2021 by Art. 27]
(1) 
Minimum lot size: 120,000 square feet.
(2) 
Minimum road frontage: 300 feet.
(3) 
Maximum impervious surface to lot area: 10%.
(4) 
Maximum building height: 35 feet.
E. 
Other standards.
(1) 
All spreading or disposal of manure shall conform to the Best Management Practices handbook published by Maine Department of Agriculture, 1988, and subsequent revisions.
(2) 
Erosion and sedimentation shall be minimized by adherence to erosion control management practices contained in the Environmental Quality Handbook, 1986, published by the Maine Soil and Water Conservation Commission, and periodically amended.
F. 
Appeal. Owners who contest the placement of their property in the Aquifer Protection District may appeal to Planning Board for map change in accordance with the procedures of § 215-3.3 of this chapter. In all cases, the burden of proof shall be on the owner to demonstrate that his property should not be included within the Aquifer Protection District.
[Added 3-12-1988 by Art. 63]
A. 
Intent. To provide areas for the development of resort/recreation-oriented commercial activities consistent with the Comprehensive Plan goal of promoting multi-season recreational industry and providing lodging for transient guests. Toward the achievement of this purpose, the following minimum standards are established.
B. 
Permitted uses.
(1) 
Same as underlying district (subject to site plan review where indicated).
(2) 
In addition, if not already permitted in the underlying district, the following uses are permitted, subject to site plan review:
(a) 
Hotels and motels.
(b) 
Commercial recreation: outdoor.
(c) 
Commercial recreation: indoor.
(d) 
Private clubs.
(e) 
Public assembly.
(f) 
Private assembly.
(g) 
Restaurants.
(h) 
Campgrounds.
(i) 
Retail trade directly related to resort/recreational activities.
(j) 
Commercial sales and service directly related to resort/recreational activities.
(k) 
Day-care centers.
C. 
Space standards.
(1) 
Same as underlying district.
(2) 
Hotels/motels: minimum lot size for district, plus 10,000 square feet of net residential area per lodging unit.
(3) 
In no case shall the impervious surface for a site or parcel exceed 20%.
D. 
Other standards.
(1) 
Buffering, consisting of natural features, plantings and/or fencing, shall be required and maintained to provide an effective visual and physical screen between residential and nonresidential uses, or between other incompatible uses.
(2) 
Resort Commercial Overlay Districts shall not encompass any part of a Shoreland District.[1]
[1]
Editor's Note: Original § 4.4.8, Shoreland District, which immediately followed this section, was deleted as superseded by Art. 9, Shoreland Zoning, adopted 6-10-2009. Section 4.4.8 was previously amended 5-31-1989 by Art. 2; 3-9-1991 by Art. 159; 9-28-1991 by Art. 14; 6-19-1993 by Arts. 63 and 66; 6-16-2001 by Arts. 70 and 71; and 6-15-2002 by Art. 72.
E. 
Resort hotel. For the purposes of the Resort Commercial Overlay District the term "hotels" shall include, but not be limited to, a resort hotel, which shall be defined as follows: a resort hotel is a hotel which offers a broad range of recreational amenities and has at least 100 rooms or suites for transient guest use only, each of which may include a kitchenette.
[Added 3-12-1988 by Art. 64