Town of Ogunquit, ME Article 7 District Regulations

§ 225-7.1 Zoning districts and Shoreland Zones.

[Amended 11-4-2008, effective 4-1-2009]

A. Purpose of districts.

(1) One-Family Residential District (OFR). To preserve the physical aesthetic and social quality of Ogunquit's developed residential areas.

(2) Residential District (R). To provide for areas within the Town of Ogunquit for future residential growth consistent with anticipated growth demands.

(3) Rural Residential District 1 (RR1). To preserve the rural nature of large sections of the Town and to discourage large-scale development from occurring in areas of the Town of Ogunquit that cannot be readily serviced by public utilities.

(4) Rural Residential District 2 (RR2). To preserve the rural nature of large sections of the Town and to discourage large-scale development from occurring in areas of the Town that cannot be readily serviced by public utilities.

(5) Downtown Business District (DB). To provide general retail sales, services and business space within the downtown area of the Town of Ogunquit in locations capable of conveniently servicing community-wide and/or regional trade areas and oriented primarily to pedestrian access.

(6) General Business District 1 (GB1). To preserve the architectural character inherent in the district and to provide general retail sales, services and business space within the Town of Ogunquit in locations capable of conveniently servicing community-wide and/or regional trade areas and oriented to automobile and pedestrian access.

(7) General Business District 2 (GB2). To provide general retail sales, services and business space within the Town of Ogunquit in locations capable of conveniently servicing community-wide and/or regional trade areas and oriented primarily to automobile access.

(8) Limited Business District (LB). To preserve the architectural character inherent in the Limited Business District and thus to maintain the value of the property.

(9) Farm District (F). To provide space for farming in the Town of Ogunquit in locations capable of conveniently servicing the needs of such establishments and preserving open space in rural areas of the community without impacting negatively the established character of the Town or adjoining zoning districts.

[Amended 6-9-2015]

B. The following seven districts are considered to be the Shoreland Zones, established pursuant to the Maine Department of Environmental Protection Shoreland Zoning Guidelines. The purposes and descriptions of the following Shoreland Zones may be found in § 225-1.3D of this chapter:

[Amended 6-9-2015; 6-11-2019 ATM by Art. 5]

(1) Shoreland Limited Residential District (SLR).

(2) Shoreland Limited Commercial District (SLC).

(3) Shoreland General Development 1 – Ogunquit Beach (SG1).

(4) Shoreland General Development 2 – Perkins Cove (SG2).

(5) Shoreland General Development 3 – Ogunquit Playhouse (SG3).

[Added 6-11-2019 ATM by Art. 5]

(6) Stream Protection District (SP).

(7) Resource Protection District (RP).

§ 225-7.2 Land use controls.

[Amended 4-5-2005; 4-1-2006; 11-4-2008, effective 4-1-2009]

A. All permitted uses, regardless of the reviewing authority, shall conform to the performance standards of Articles 8 and 9 of this chapter as applicable. No new permitted use shall be commenced, nor shall any existing use be changed to a different permitted use, until a permit or approval is received from the proper reviewing authority, according to Table 702.1.[1] Uses omitted from Table 702.1 shall be prohibited.

[1] Editor's Note: Table 702.1 is included as an attachment to this chapter.

B. All new lots, new structures and additions to structures shall meet the minimum dimensional requirements for the district in which they are located as detailed in Table 703.1.[2] For a lot or lots contained within or constituting a subdivision, the Planning Board shall require a high intensity soil survey to assure that the amount of net residential area has been calculated in compliance with the definition of net residential area, as set forth in Article 2 of this chapter. If more than one principal building is located on a lot, the buildings shall be separated by a distance equal to twice the minimum side setback for the district in which they are located. On lots owned by a condominium association with a number of principal buildings, including, but not limited to, single-family dwellings, setbacks between the principal buildings must be at least twice the minimum side setback of the district, except that clustered or planned unit developments that meet all the applicable requirements of § 225-9.6 may deviate from the requirements of this subsection.

[2] Editor's Note: Table 703.1 is included as an attachment to this chapter.

C. Corner clearances. For the purposes of traffic safety in all districts, no structure other than public utility structures and traffic control devices may be erected and no vegetation other than shade trees may be maintained at a height higher than three feet above the plane through the curb grades of intersecting streets within a triangle two sides of which are the edges of the traveled public ways for 20 feet measured from their point of intersection or, in the case of rounded street corners, the point of intersection of their tangents.

D. Lots with both residential and other uses. When a lot contains or is proposed to contain both residential use and commercial, industrial or institutional use, the residential density shall be calculated after subtracting the land area dedicated for the commercial use (including building coverage, parking areas, and required buffers) or the minimum lot area required for the district, whichever is larger, from the lot area.

E. Mixed nonresidential uses. No additional land area is required if a lot contains or is proposed to contain more than one principal nonresidential use, either commercial, industrial, or institutional, as long as parking requirements, dimensional requirements, and all other requirements of this chapter are met by the collection of nonresidential uses.

F. Accessory structures and uses. An accessory structure or use, as defined by this chapter, shall be permitted along with a principal structure or use only in those zoning districts where the principal structure or use is permitted, according to Table 702.1.[3] The review authority for an accessory structure or use shall be the same as the review authority indicated in Table 702.1 for a permitted principal structure or use.

[3] Editor's Note: Table 702.1 is included as an attachment to this chapter.

G. Retail marijuana prohibition.

[Amended 11-7-2017]

(1) For purposes of this chapter, retail marijuana establishments, including retail marijuana stores, retail marijuana cultivation facilities, retail marijuana products manufacturing facilities and retail marijuana testing facilities, and retail marijuana social clubs are defined as set forth in 7 M.R.S.A. § 2442.[4]

[4] Editor's Note: Section 2442 of Title 7 was repealed by L. 2017, c. 409.

(2) Retail marijuana establishments, including retail marijuana stores, retail marijuana cultivation facilities, retail marijuana products manufacturing facilities, and retail marijuana testing facilities, and retail marijuana social clubs, as either a principal use or an accessory use, are expressly prohibited in Ogunquit.

(3) No person or organization shall develop or operate a business that engages in retail sales of marijuana or any retail marijuana product, both as defined by 7 M.R.S.A. § 2442.