[Amended 6-8-2021 ATM by Art.
9]
Notwithstanding any other provisions of this chapter, any use
that may be obnoxious or injurious because of the production or emission
of odor, dust, smoke, refuse matter, fumes, noise, vibration or waste
materials, or that may be dangerous to the health or safety of the
community or to its disturbance or annoyance, or which consumes, generates,
or handles hazardous waste as defined in 38 M.R.S.A., § 1303-C,
hazardous matter as defined in 38 M.R.S.A. § 1317 or oil
as defined in 38 M.R.S.A. § 542, or low-level radioactive
waste storage or disposal as defined in 38 M.R.S.A, § 1451,
is prohibited until plans for the effective control and/or elimination
of same are presented to and approved by the permit issuing authority.
When the effects of use are uncertain, the Code Enforcement Officer,
after prior notification to and at the expense of the applicant, shall
employ such independent recognized consultant as necessary to ensure
compliance with all requirements of this chapter specifically related
to the public health, safety and welfare and the abatement of nuisances.
The estimated costs of such studies shall be deposited with the Town
Clerk prior to their undertaking.
[Amended 4-5-2005]
Any new lot created after April 2, 2005, whether or not it is
part of a subdivision, shall contain the required street frontage,
pursuant to Table 703.1[1] of this chapter, on either a legally existing public or private street or on a newly created public or private street meeting the standards of Article 10 of Chapter 240, Subdivision Regulations.
[1]
Editor's Note: Table 703.1 is included as an attachment to this chapter.
All air pollution control shall comply with minimum state requirements
and detailed plans shall be submitted to the State of Maine Department
of Environmental Protection for approval before a building permit
is granted. No unreasonable odor, dust or smoke shall be detectable
beyond the property line.
A nonresidential use which abuts an existing or potential residential
use shall maintain a buffer strip along the side and rear yards for
the purpose of eliminating any adverse effects upon the environmental
or aesthetic qualities of abutting properties or any type of nuisance
affecting the health, safety, welfare and property values of the residents
of Ogunquit. Where natural vegetation cannot be maintained or due
to varying site conditions, the buffer area may consist of fences,
walls, tree plantings, hedges or combinations thereof. The buffering
shall be sufficient to minimize the impacts of any kind of potential
use, such as loading and unloading operations, outdoor storage areas,
vehicle parking, mineral extraction, and waste collection and disposal
areas. An area no less than 1/2 the width of the side and rear yard
setback shall be maintained as a landscaped vegetative buffer and
not be paved or used for parking. The permitting authority may require
that the buffer effectively screen the commercial use from view from
the residential property by a continuous vegetative barrier or stockade
fence not less than six feet in height.
A.
No drinking-water well may be located within 100 feet horizontal
distance of an existing subsurface wastewater disposal system. This
restriction shall apply as a condition to a building permit for any
use not located on the municipal water supply.
B.
Prior to the issuance of any certificate of occupancy for any structure
with a potable water supply system other than the Kennebunk, Kennebunkport
and Wells Water District, a water quality analysis demonstrating that
the State of Maine Safe Drinking Water Guidelines are met shall be
submitted to the Code Enforcement Officer.
[Amended 6-8-2021 ATM by Art.
9]
A.
No person shall perform an act or use land in a manner which would
cause substantial or avoidable erosion, create a nuisance or alter
existing patterns of natural water flow in the Town. This shall not
affect any extractive operations complying with the standards of performance
specified elsewhere in this chapter.
B.
All development shall generally comply with the provisions of the
Maine Erosion and Sedimentation Control Handbook for Construction:
Best Management Practices published by the Cumberland County Soil
and Water Conservation District and the Maine Department of Environmental
Protection, 1991.
C.
All applicants for a permit for development on slopes greater than
15% shall be required to submit a soil erosion and sedimentation plan
meeting the standards of the County Soil and Water Conservation District
and the Maine Department of Agriculture, Conservation and Forestry.
In addition, all applicants proposing development on slopes greater
than 25% shall be required to submit engineering or architectural
information which indicates that the development is designed for the
site in a proper manner as the Code Enforcement Officer may reasonably
require.
[Amended 6-8-2021 ATM by Art.
9]
A.
No fence may be erected, altered or relocated without issuance of
a permit from the Code Enforcement Officer. Although a design review
for fences is not required by Article 11, the Code Enforcement Officer,
at his or her discretion, may submit an application for a fence to
the Planning Board for its review, interpretation and possible approval.
The Code Enforcement Officer shall enforce this section and all permits
issued pursuant thereto.
[Amended 4-5-2008]
B.
Fences shall meet the following standards:
(1)
Fences shall only be made of natural, stained or painted wood,
stone, or metal, wrought iron, or vinyl or other plastics and vinyl-covered
or other plastic-covered wood or metal, excluding chain link, within
the following districts: Limited Business District, Downtown Business
District, General Business Districts, SG1, SG2, and SG3 and those
portions of the Shoreland Zones that overlay said districts.
[Amended 4-3-2004; 6-9-2015; 6-11-2019 ATM by Art. 5; 6-8-2021 ATM
by Art. 9]
(2)
In the One-Family Residential District, Residential District,
Farm District, Resource Protection District and those portions of
the Shoreland Zones that overlay said districts, fences may be made
of wood, stone, brick or other concrete type blocks, metal, vinyl
or other plastics and vinyl-covered or other plastic-covered wood
or metal.
[Amended 6-8-2021 ATM by Art.
9]
(3)
The Planning Board may approve alternative fence materials when
the request is included as part of a broader application and when,
for technical or other unique circumstances, the above materials would
impose adverse impact on safety or aesthetics
[Amended 12-8-2016]
(4)
In the One-Family Residential District, Residential District,
Rural Residential District 1, Rural Residential District 2, General
Business District 1, General Business District 2, Limited Business
District and Farm District, fences shall not exceed six feet in height.
C.
Existing nonconforming fences damaged by fire, storm, or any other cause than by a willful act of the owner may be repaired or replaced pursuant to § 225-3.3H(4).
[Amended 6-12-2012; 6-9-2015]
A.
Glare. Lighting may be used which serves security, safety and operational
needs but which does not directly or indirectly produce deleterious
effects on abutting properties or which would impair the vision of
a vehicle operator on adjacent roadways. Lighting fixtures shall be
shielded or hooded so that the lighting elements are not exposed to
normal view by motorists, pedestrians, or from adjacent dwellings.
Direct or indirect illumination shall not exceed 0.5 footcandle upon
abutting residential properties. Any lighting fixture not meeting
the above standards shall be removed or modified to meet these standards.
[Amended 4-8-2002]
B.
Outdoor strings of lights. Strings of light bulbs are not permitted
except for the holiday season from the Monday before Thanksgiving
until January 21. Holiday season strings of lights may include both
colored and uncolored lights.
[Amended 6-12-2012; 6-8-2021 ATM by Art. 8]
(1)
Strings
of lights are allowed for retail establishments and for outdoor seating
at Type 2 restaurants and retail establishments provided they are
turned off at the close of business nightly and have dark sky friendly
shades on the lights similar to those below:
|
(2)
These
lights shall only be located on private property and not allowed on
any public walks or green spaces.
C.
Landscape lighting. Strings of uncolored lights may also be part
of a landscape design for all or part of the year. Landscape design
refers to lights in live bushes or live trees (as defined in Webster's
Dictionary as having living root systems in soil), but does not include
lights around windows, on building facades, on fences, on walls or
on roofs.
[Added 4-8-2002]
[Amended 6-8-2021 ATM by Art.
9]
No person shall perform a hazardous activity which will have
an unduly adverse environmental impact. Any person intending to construct
or operate a development which consumes, generates, or handles hazardous
waste as defined in 38 M.R.S.A. § 1303-C, hazardous matter
as defined in 38 M.R.S.A. § 1317, oil as defined in 38 M.R.S.A.
§ 542, or low-level radioactive waste storage or disposal
as defined in 38 M.R.S.A. § 1451 shall file a preliminary
notice of intent with the Code Enforcement Officer.
B.
The Code Enforcement Officer may, at his discretion, require the
applicant to provide detailed information concerning:
(1)
The nature and extent of any significant groundwater aquifer
in the vicinity of the proposed development, including recharge areas
and flow paths;
(2)
The quality and quantity of the significant groundwater aquifer;
(3)
Existing and potential uses of the aquifer;
(4)
The nature and quantity of potentially hazardous activities
and materials to be handled; and
(5)
The nature and quantity of pollutants to be discharged.
A.
Excessive noise at unreasonable hours shall be required to be muffled
so as not to be objectionable due to intermittence, beat frequency,
shrillness or volume.
B.
The maximum permissible sound pressure level of any continuous, regular
or frequent source of sound produced by any activity regulated by
this chapter shall be established by the time period and type of land
use district listed below. Sound pressure levels shall be measured
at all major lot lines, at a height of at least four feet above the
ground surface.
|
Sound Pressure Level Limits Measured in Decibels
| ||||
|---|---|---|---|---|
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
| |||
|
dB(A)
|
dB(C)
|
dB(A)
|
dB(C)
| |
|
Business districts
|
60
|
72
|
50
|
62
|
|
Other districts
|
55
|
67
|
45
|
67
|
C.
Noise shall be measured with a sound level meter meeting the standards
of the American National Standards Institute (ANSI S1.401961) American
Standard Specification for General Purpose Sound Level Meters. The
instrument shall be set to the appropriate weight response scales
and the meter to the slow response. Measurements shall be conducted
in accordance with ANSI S1.2-1962, American Standard Method for the
Physical Measurement of Sound.
D.
No person shall engage in, cause, or permit to be engaged in very
loud construction activities on a site abutting any residential use
between the hours of 10:00 p.m. one day and 7:00 a.m. of the following
day. Construction activities shall be subject to the maximum permissible
sound level specified for business districts for the periods within
which construction is to be completed pursuant to any applicable building
permit. The following uses and activities shall be exempt from the
sound pressure level regulations:
E.
These noise regulations are enforceable by law enforcement officers
and the Code Enforcement Officer.
A.
General. In all districts, except the Downtown Business, SG1 and
SG2, no structure or use shall be constructed, extended or enlarged
unless off-street automobile parking space is provided in accordance
with the following requirements.
[Amended 4-1-2006; 6-9-2015]
B.
Parking lot layout.
(1)
In its review of parking lot layouts, the reviewing authority
shall consult with the Director of Public Works and shall consider
the following:
(a)
Sight distances along the public right-of-way.
(b)
Aesthetic and visual sighting from the public right-of-way.
(c)
Effects on adjacent public access points.
(d)
Overall traffic safety considerations.
(e)
Traffic signalization requirement.
(f)
Movement of vehicles related to use of the facility.
(g)
Snow removal.
(h)
Drainage
[Amended 4-1-2006]
(2)
Vehicular entrance and exit.
(a)
Entrances and exits should be clearly identified by the use
of signs, curb cuts, and landscaping.
(c)
Access to parking stalls should not be from major interior travel
lanes and shall not be immediately accessible from any public way.
(d)
Except where valet parking is provided, parking areas shall
be designed to permit each motor vehicle to proceed to and from the
parking space provided for it without requiring the moving of any
other motor vehicles.
(3)
Interior vehicular circulation.
(a)
Traffic flow in parking areas shall be clearly marked with signs
and/or surface directions.
(b)
Major interior travel lanes should be designed to allow continuous
and uninterrupted traffic movement.
(c)
Enclosures, such as guardrails, curbs, fences, walls, and landscaping,
should be used to identify circulation patterns of parking areas and
to restrict driving movements diagonally across parking aisles, but
not to reduce visibility of oncoming pedestrians and vehicles.
(d)
Entrance/exits shall be designed to allow adequate stacking
of vehicles without blocking interior vehicle circulation lanes.
(e)
Parking aisles should be oriented perpendicular to stores or
businesses for easy pedestrian access and visibility.
(4)
Parking area design.
(a)
Parking stalls and aisle layout shall conform to the following
standards:
|
Parking Angle
|
Stall Width
(feet)
|
Skew Width
(feet)
|
Stall Depth
(feet)
|
Aisle Width
(feet)
|
|---|---|---|---|---|
| ||||
|
90°
|
9
|
9
|
18.5
|
24
|
|
60°
|
8.5
|
10.5
|
19
|
16 (one way)
|
|
45°
|
8.5
|
13
|
17.5
|
12 (one way)
|
|
30°
|
8.5
|
17
|
17.5
|
12 (one way)
|
|
180°
|
24
|
24
|
9
|
13 (one way)
24 (two way)
|
(b)
In paved parking areas, painted stripes shall be used to delineate
parking stalls. Stripes should be a minimum of four inches in width.
Where double lines are used, they should be separated a minimum of
one foot zero inch on center.
(c)
Diagonal parking may be utilized only in parking areas with
a paved surface. In aisles utilizing diagonal parking, arrows shall
be painted on the pavement to indicate proper traffic flow.
(d)
Bumpers and/or wheel stops shall be provided where overhang
of parked cars might restrict traffic flow on adjacent roads, restrict
pedestrian movement on adjacent walkways, or damage landscape materials.
(5)
Landscaping. Off-street parking and loading spaces, where not
enclosed within a building, shall be effectively screened from view
by a continuous landscaped area not less than six feet in height and
15 feet in width along all lot lines adjacent to residential properties,
except that driveways shall be kept open to provide visibility for
entering and leaving. No off-street parking and loading shall be permitted
within the front setback or any setback adjoining a public street.
Along any public street there shall be a continuous landscaped area
designed to minimize the visual impact of the parking area and vehicles
as viewed from the street. The landscaped area shall contain a mix
of trees, bushes, shrubs, ground cover, perennials and grading to
minimize the view of parked vehicles, yet not hide the buildings or
other elements of the site.
C.
Off-street loading standards.
(1)
The following minimum off-street loading bays or berths shall
be provided and maintained in the case of new construction, alterations
and changes of use:
(a)
Office buildings, hotel and motel with a gross floor area of
more than 100,000 square feet require one bay.
(b)
Retail, wholesale, warehouse, governmental, institutional and
industrial operations with a gross floor area of more than 5,000 square
feet require the following:
|
Gross Floor Area
(square feet)
|
Number of Bays
| ||
|---|---|---|---|
|
5,001 to 40,000
|
1
| ||
|
40,001 to 100,000
|
2
| ||
|
100,001 to 160,000
|
3
| ||
|
160,001 to 240,000
|
4
| ||
|
240,001 to 320,000
|
5
| ||
|
320,001 to 400,000
|
6
| ||
|
Each 90,000 square feet over 400,000 square feet require 1 additional
bay
| |||
(2)
Each loading bay shall have minimum dimensions of 14 feet by
70 feet and may be located either within or without a building. Every
part of such loading bay shall be located completely off the street.
In case motor vehicles larger than the dimensions of the minimum loading
bay habitually serve a given building, additional space shall be provided
so that such vehicles shall park or stand completely off the street.
(3)
The Planning Board shall have full authority to waive the requirements
of this section where it may be shown that appropriate parking and
loading spaces maintained will be sufficient for the intended use.
D.
Off-street parking standards.
(1)
Off-street parking, in addition to being a permitted use, shall
be considered as an accessory use when required or provided to serve
uses located in any district.
(2)
The following minimum off-street parking requirements shall
be provided and maintained, in the case of new construction, or in
the case of expansion, extension, or changes of structures or uses
at existing sites. "Floor area" and "floor space" as used in the statement
of parking requirements for restaurants shall include all areas, whether
inside or outside, which are available to customers for eating or
drinking. "Floor area" and "floor space" as used in the statement
of parking requirements for retail stores shall include all areas
used for retail display or sales.
[Amended 4-1-2006; 6-8-2021 ATM by Art. 9]
|
Auto, truck and tractor repair and gasoline stations
|
1 parking space for each employee, plus 1 space for each 50
square feet of floor area used for service work
| |
|
Dwellings
|
2 vehicle spaces per each dwelling unit
| |
|
Motel, hotel, bed-and-breakfast, boardinghouse, inn or other
rooming spaces associated with a permitted use
|
1 parking space for each sleeping room
| |
|
Schools
| ||
|
Nursery school and day-care center
|
2 parking spaces for each nursery room, plus 1 space for each
adult instructor
| |
|
Elementary school
|
1 parking space for each adult employee plus 15 parking spaces
for each 100 students, or major fraction thereof, of total enrollment
| |
|
Senior high school
|
1 parking space for each adult employee, plus 20 parking spaces
for 100 students, or major fraction thereof, of total enrollment
| |
|
Hospitals
|
1 parking space for each 500 square feet, or major fraction
thereof, of floor area, exclusive of basement
| |
|
Nursing homes
|
1 parking space for every 4 beds
| |
|
Theaters, auditoriums, churches, arenas, amusement centers and
other places of assembly
|
1 parking space for every 3 seats or for every 50 square feet,
or major fraction thereof, of assemblage space if no fixed seats
| |
|
Retail stores
|
1 parking space for each 100 square feet of retail sales floor
area or major fraction thereof
| |
|
Bowling alley
|
2 parking spaces for each bowling lane
| |
|
Restaurants, Type 1, 2 and 3
|
1 parking space for each 100 square feet, or major fraction
thereof, of floor space not used for storage or food preparation
| |
|
Restaurant, Type 4
|
Minimum 25 parking spaces; 4 square feet of parking for each
square foot of floor space in excess of 2,500 square feet
| |
|
Offices, professional and public buildings
|
1 parking space for each 500 square feet, or major fraction
thereof, of floor area exclusive of bulk storage areas
| |
|
Transportation terminals
|
In addition to meeting all the applicable standards enumerated
above, transportation terminals shall meet the following: 1 parking
space for each employee, 1 parking space for each seat of the major
carrier vehicle and 1 parking space for each rented vehicle to be
based on site
| |
|
Industrial and manufacturing
|
1 parking space for each 1,000 square feet of floor area, or
major fraction thereof, for that part of every business, manufacturing
and industrial building not catering to retail trade
| |
|
Farm stand
|
1 parking space for each 100 square feet of display area or
fraction thereof
| |
(3)
Except in the SG3 District, required off-street parking in all
residential and business districts shall be located on the same lot
as the principal building or within 100 feet measured along lines
of access for business and industry, except that where it cannot reasonably
be provided on the same lot, the Planning Board may authorize residential
off-street parking to be located on another lot within 300 feet of
the residential uses, as measured along lines of public access. Within
the SG3 District, required off-street parking may also be located
on a lot that is contiguous with the lot containing the principal
use for which that off-street parking is required. Such parking areas
shall be held under the same ownership or lease as the uses served,
and evidence of such control or lease shall be required. Arrangements
for parking on leased land shall not be acceptable for meeting the
minimum required parking provisions of this chapter unless the lessee
is specifically given the option of renewing the lease indefinitely.
[Amended 11-3-2009; 6-11-2019 ATM by Art 5]
(4)
Where off-street parking for more than six vehicles is required
or provided, the following requirements shall apply:
(a)
The surface of driveways, maneuvering areas, and parking areas
shall be uniformly graded with a subgrade consisting of gravel or
equivalent materials at least six inches in depth, well-compacted,
and with a wearing surface equivalent in qualities of compaction and
durability to fine gravel.
(b)
A system of surface drainage shall be provided in such a way
that the water runoff shall not run over or across any public sidewalk,
street or adjacent property.
(c)
Where artificial lighting is provided, it shall be shaded or
screened so that no light source shall be visible from outside the
area and its access driveways.
(5)
The Planning Board may approve the joint use of a parking facility
by two or more principal buildings or uses where it is clearly demonstrated
that said parking facility will substantially meet the intent of the
requirements by reason of variation in the probable time of maximum
use by patrons or employees among such establishments.
(6)
Parking for handicapped.
(a)
Every business, commercial, institutional, public and nonprofit
use shall provide a minimum of 4% of the total parking spaces for
vehicles with handicapped registration plates, but in no case less
than one space. Handicapped spaces shall be designed according to
ANSI Standard A117.1-1986. All handicapped spaces shall be identified
with signs no smaller than nine inches wide by 12 inches high, posted
four feet from the ground. When parking areas are paved, handicapped
spaces shall also be identified by painted markings on the pavement.
(b)
In accordance with 30-A M.R.S.A. § 3009, owners of
private off-street parking shall arrange for private enforcement or
shall enter into agreements with the Ogunquit Police Department to
enforce handicapped parking restrictions.
(7)
Additional requirements in the Shoreland Zones.
[Amended 6-8-2021 ATM by Art.
9]
(a)
Parking areas shall meet the shoreline setback requirements
for structures for the district in which such areas are located. The
setback requirement for parking areas serving public boat launching
facilities may be reduced to no less than 50 feet from the normal
high-water line or upland edge of a wetland if the Planning Board
finds that no other reasonable alternative exists.
(b)
Parking areas shall be designed to prevent stormwater runoff
from flowing directly into a water body and, where feasible, to retain
all runoff on site.
(8)
Except for transient accommodations and residential uses, the
Planning Board may reduce the requirements of this section for the
number of parking spaces where it is shown that the application meets
one or more of the following standards:
(a)
Appropriate parking and loading spaces will be maintained sufficiently
for the intended use, based on the availability of public transit,
which can reasonably be expected to be utilized by sufficient numbers
of customers or patrons of the use to justify the waiver request;
(b)
A public parking lots is located within 500 feet of the proposed
use;
(c)
Appropriate parking and loading spaces will be maintained sufficiently
for the intended use, based on the availability of adequate and safe
pedestrian facilities and crosswalks, which can reasonably be expected
to be utilized by sufficient numbers of customers or patrons of the
use to justify the waiver request; or
(d)
The owner or operator of the proposed use will provide valet
parking service for customers or patrons.
[Amended 11-3-2009]
(9)
The Planning Board may require additional information to be
provided by the applicant in support of any request for a waiver of
parking requirements, including but not limited to:
(a)
Projections regarding how many customers or patrons will arrive
at the proposed use at various times of day, by each possible mode
of transportation;
(b)
Proposed hours, methods, and locations for the provision of
valet parking; or
(c)
Distance measurements and/or diagrams showing connections to
pedestrian or transit facilities and projected customer travel routes.
[Amended 11-3-2009]
The proposed structure shall not have an unduly adverse impact
on access to direct sunlight, including but not limited to blocking
access to direct sunlight to structures utilizing solar energy through
active or passive systems.
[Amended 11-6-2001; 4-5-2003; 4-1-2006; 6-8-2010; 6-12-2012; 6-10-2014; 6-9-2015; 6-12-2018]
A.
General.
(1)
All signs in the Town of Ogunquit shall meet the following standards:
(a)
Freestanding and/or A-frame signs shall be allowed only on private
property where they can be placed no closer to the street than the
front yard setback allows. Businesses which cannot meet this setback
standard may utilize similar signage which must be affixed to the
building.
(b)
Freestanding and/or A-frame signs can be no larger than six
square feet and any dimension may be no greater than 27 inches wide
by 42 inches in height. Freestanding and/or A-frame signs shall be
counted towards the total amount of maximum sign area permitted on
the property.
(c)
No business or residential signs may be erected, altered, or
relocated without issuance of a permit from the Code Enforcement Officer.
Before issuing a permit, the Code Enforcement Officer may submit the
application to the Planning Board for review, interpretation and possible
approval. The Code Enforcement Officer shall enforce this section
and all permits issued pursuant thereto.
(d)
All business and residential signs shall be made of wood, metal or high-density urethane board and may include raised or appliqued wooden lettering or other graphics. The finished graphics of these signs may be carved, painted or of a vinyl material that resembles paint. Signs may not be surfaced with fluorescent or day-glow colors or other reflective material. Gold leaf is permitted. The only exception from these material standards shall be for awnings or advertising signs, as provided by Subsection B below, or for temporary commercial signs, as provided by Subsection A(1)(h) below.
(e)
Illumination is permitted only by steady, uncolored, external
lighting, which is dark sky compliant.
[Amended 6-8-2021 ATM
by Art. 8]
(f)
Signs shall be a maximum of 15 feet high.
(g)
The measurement of sign area shall be based upon the outer perimeter
of all boards, panels or sheets of materials as well as the spaces
between these materials, but does not include the supporting posts
or structural element outside the limits of such perimeter which does
not form an integral part of the display. Only one side of a two-sided
sign shall be counted in the calculation of allowable sign area. In
determining the area of wall signs, the entire area within a continuous
perimeter enclosing the extreme limits of the actual letters and characters
shall be measured. The area of background color will also be included
if it differs from the color of the building itself.
(h)
Temporary business sign(s) may be used by a new business while
awaiting arrival of permanent sign(s), provided the sign is of a durable,
weatherproof material; however, temporary sign(s) shall be allowed
only until permanent sign(s) is/are installed or for 60 days, whichever
is the shorter period. Each temporary business sign shall be no larger
in area or dimension than the conforming permanent sign that will
replace it, and shall be placed in a manner and location in conformance
with this chapter, as if it were a permanent sign.
(i)
Any sign which no longer advertises a business that is being
conducted, a product being sold, or an activity or campaign being
conducted shall, within 30 days, be taken down and removed by the
owner or tenant of the premises upon which such sign is located. This
provision shall not be construed to require the owners of seasonal
businesses to remove signs at the end of each season.
(2)
The following types of signs shall be prohibited:
(a)
Roof signs.
(b)
Strings of pennants, inflated signs, tethered balloons, or banners,
unless expressly allowed elsewhere in this chapter.
(c)
Flags, other than those of any nation, state, city, coalition
or other political unit, including, but not limited to, military or
veterans groups. In no event shall any flag of any type exceed 50
square feet in area.
(d)
Internally illuminated signs, including, but not limited to,
neon or gas filled tubular signs, light-emitting diode (LED) signs,
digital signs, or electronic message center signs. This prohibition
shall include signs located inside a building, when such signs are
intended to be visible by pedestrians or motorists.
(e)
Signs which physically or visually move, rotate or create an
illusion of movement, or which have parts or surfaces that physically
or visually move, rotate or create the illusion of movement, or which
emit audible sound or noise.
(f)
Signs which appear animated or projected, or which are intermittently
illuminated, or of a traveling, tracing, scrolling, or sequential-light
type, or signs which contain or are illuminated by animated or flashing
light, including, but not limited to, electronic message center type
signs, light-emitting diode (LED) signs, or digital signs.
(g)
Any signs, whether regulated by this section or exempted from regulation pursuant to Subsection A(3) below, placed within the right-of-way of a public way, unless expressly authorized by the Select Board. Any sign which is placed in a public way without such authorization shall be removed by the Code Enforcement Officer, the Public Works Department, or the Police Department. The Code Enforcement Officer shall attempt to ascertain the owner of the sign and within 72 hours of the sign's removal notify the owner of the location of the sign so it may be retrieved.
[Amended 6-8-2021 ATM by Art.
9]
(h)
Freestanding A-frame or other portable signs, located on public
or private property, other than those expressly exempted elsewhere
in this chapter, or as authorized by the Select Board.
(i)
Signs which attempt or appear to attempt to direct movement
of traffic or interfere with, imitate or resemble an official traffic
sign, signal or device.
(j)
Signs which may prevent the driver of a vehicle from having
clear view of an official sign or other traffic.
(k)
Off-premises signs, unless exempted elsewhere in this section.
The Town of Ogunquit shall not permit the erection of Department of
Transportation official business directional signs, as defined in
23 M.R.S.A. §§ 1906 to 1925.
(l)
A business or advertising sign which is attached to or painted
on a car, truck, bicycle, trailer, moped, scooter, and/or any other
mechanized or human or animal powered form of transportation will
be considered to be in violation of this section if it is parked in
such a manner, and/or has such limited use, as to suggest that it
is being used to effectively achieve the result of announcing, directing,
or advertising said business.
(3)
Exemptions. The following shall not be included in the application
of this section and shall not be considered as being regulated by
this section:
(a)
One sign not exceeding one square foot in area and bearing only
street number, property name, and/or the name of occupants residing
at the premises.
(b)
Signs erected and maintained pursuant to and in discharge of
any governmental functions, or required by law, ordinance or other
governmental regulation.
(c)
Flags, each less than 50 square feet in area, of any nation,
state, city, coalition or other political unit, including, but not
limited to, military or veterans groups.
(d)
Signs within buildings that are oriented to patrons that have
already entered the premises.
(e)
Signs directing and guiding traffic and parking on private property,
not exceeding four square feet in area and bearing no commercial matter,
indicating "enter" or "exit," and the like. Where confusion would
occur, or to limit parking to patrons of an establishment, the name
of the business may occur, but there shall be no graphics which otherwise
identify the business.
(f)
One sign advertising real estate for sale, lease or rent, not
exceeding six square feet in area per lot or per dwelling unit, and
located on the lot being advertised only. The sign shall be removed
upon the closing of the sale or upon occupancy of rental property.
(g)
Inside window-type displays or paraphernalia, incidental and
necessary to the business, such as, but not limited to, jewelry cases,
mannequins, and clothing layouts.
(h)
Outside-mounted, glass-fronted display cabinets, no greater
than six square feet in area, containing menus, real estate ads, and
the like.
(i)
Memorial signs or tablets, names of historic buildings and the
date of erection when engraved in the surface of the building or constructed
of permanent material.
(j)
Civic group signs. One permanent, freestanding joint identification
off-premises sign announcing the name of churches, social organizations
and the time and place of meeting of civic clubs shall be permitted
at the entrances of the Town along US Route 1, provided that they
shall be designed as an integrated unit and shall be landscaped. Such
freestanding signs shall not exceed 32 square feet in total combined
signboard area.
(k)
A temporary sign, erected for no more than 30 consecutive days,
placed either on or off premises, made of rigid or flexible material,
and displaying any educational, charitable, philanthropic, civic,
professional, religious, or like campaign, drive, movement, or event.
(l)
Off-site directional signs for nonprofit museums, nonprofit
theaters, or houses of worship, located within the Town of Ogunquit.
(m)
Warning signs such as "Posted," "No Trespassing," "Beware of
Dog," and "Private Driveway" of no greater than two square feet in
area.
(n)
Contractor signs. One sign, no larger than six square feet,
identifying the name of a contractor or tradesman performing work
on the premises, provided the sign is removed within five days of
the completion of the work.
(o)
The Ogunquit Playhouse on U.S. Route 1 may maintain, repair
or construct, subject to design review, the roadside billboard marquee,
the line of pole-mounted pennants above the front facade, and one
"matinee" banner, that are in use at the time of the adoption of this
chapter, and said signs will not be subject to the sunset provision
of this chapter and will be permitted the use of changeable lettering
for performance information.
(p)
Movie theaters currently existing and legally operating may
maintain, repair or reconstruct any billboard marquee, and one "matinee"
banner, that is in use at the time of the adoption of this chapter,
and said signs will not be subject to the sunset provision of this
chapter and will be permitted the use of changeable lettering for
show times and information.
(q)
The Ogunquit Playhouse, Ogunquit Performing Arts, Leavitt Theater,
Ogunquit Museum of American Art, and the Ogunquit Chamber of Commerce
along with other Town-sanctioned committees or boards may erect portable,
freestanding and/or A-frame type on-premises or off-premises signs,
collectively not to exceed 12 in number, with no more than four signs
placed at any one location within the Town limits of Ogunquit, and
each not displaying more than 12 square feet of sign area. Such signs
shall be placed at the following locations: north corner of Wharf
Lane and Shore Road, north corner of Beach Street and U.S. Route 1,
and Rotary Park, and must be placed in such a manner as to avoid hazards
to pedestrian traffic and shall have no attachments, such as balloons,
flags, flyers, or any other loose item, to the sign or frame. The
content and placement of such signs, as well as the allocation of
signs among the groups, shall be approved annually by the Town Manager,
as authorized by the Select Board. The Select Board may allow additional
organizations with similar purposes, in addition to those listed above,
to erect freestanding and/or A-frame type signs in accordance with
these standards, as long as the collective number does not exceed
the above-stated Town-wide limit.
(r)
A business may erect, for no more than 30 days, one temporary sign, which is made of materials and is illuminated in compliance with Subsection A(1) of this section, and that is no greater than three square feet in area, and indicating "Grand Opening" or "Opening Soon" or the like, and may include the impending date of the opening.
(s)
A business may erect a sign at its main entrance indicating that the business is closed or open, which is no greater than three square feet, and which is made of materials and is illuminated in compliance with Subsection A(1) of this section.
(t)
Signs bearing political messages relating to an election, primary or referendum shall be entirely exempted from this section and shall be governed by 23 M.R.S.A. § 1913-A, Maine Department of Transportation regulations, and § 147-11 of the Ogunquit Town Code.
(u)
No more than two yard sale signs shall be displayed on the property
where the yard sale is being held, and no more than two signs on the
street where the yard sale is being held (a maximum of four signs).
None of the individual signs is to be greater than six square feet
in size, and no sign shall be displayed either prior to, or after,
the yard sale dates as indicated on the yard sale permit.[1]
B.
Awnings.
(1)
Awnings in the business districts (DB, GB1, GB2, LB, SG1, SG2, and SG3 and any Shoreland Zone as applicable) may be erected, altered or relocated with issuance of a permit from the Code Enforcement Officer. All awnings accessory to commercial uses shall be rated as fire resistant per Building and Life Safety Codes. Before issuing a permit, the Code Enforcement Officer may submit the application to the Planning Board for review, interpretation and possible approval. The Code Enforcement Officer shall enforce this Subsection B and all permits issued pursuant thereto.
[Amended 6-11-2019 ATM
by Art. 5]
(2)
No permit is required to erect, alter or relocate an awning
within residential districts (OFR, R, RR1, RR2, and F) so long as
the free passage of pedestrians, bicyclists and motorists on public
rights-of-way is not obstructed and public safety is maintained.
(3)
Notwithstanding the provisions of Subsection A(1)(d) above, awnings made of canvas, vinyl, nylon, polyester or other durable, weather-resistant material may be used as a sign in accordance with the following provisions:
(a)
The lettering and symbols which make up the sign may be placed
only on a vertical portion of an awning, no taller than 18 inches
in height, which hangs from the awning frame with no support or frame
on its lower edges except where the awning must be supported on its
lower edge for structural purposes.
(b)
The area of the awning which is considered to be a sign shall
be calculated by creating the smallest possible rectangle around all
of the symbols, letters and characters which make up the sign on each
surface of the awning. The top and bottom of the rectangle shall be
horizontal with the ground.
(c)
No more than 25% of the maximum allowable business sign area
for the business or structure may be included on an awning or set
of awnings.
C.
Number of signs.
(1)
Each lot which has a nonresidential use and each multifamily
development may have no more than one freestanding sign.
(2)
No business shall have a total of more than six signs, including
both business and advertising signs, as defined and regulated by this
chapter.
(3)
In multiple-tenant buildings (two or more tenants), there may be a collective sign or freestanding collective signpost that consolidates the signs for all of the individual tenants in the building. A multiple-tenant building shall have not more than one collective sign or freestanding collective signpost for each side of the building that faces a public way, and there shall be no more than one collective sign or freestanding collective signpost located on any individual side of a building that faces a public way. Each individual business with its own outside entrance may have one additional business sign at its entrance. All signs permitted under this subsection shall be subject to the total size limitation set forth in Subsection D of this section, and the Town shall not be responsible for allocating the amounts of allowable sign area among various tenants.
D.
Size restrictions. Business and residential signs shall not exceed the following standards. Sign area shall include the combined area of freestanding signs and signs attached to buildings, as well as any signs permitted on collective signs or freestanding collective signposts in accordance with the requirements of Subsection C of this section.
(1)
Residential districts. In the One-Family Residential District,
Residential District, Rural Residential District 1, and Rural Residential
District 2: two square feet.
(2)
Business districts.
(a)
In the Downtown Business District, General Business District
1, and General Business District 2:
[1]
If there is only one business on the lot, the maximum
sign area shall be 40 square feet.
[2]
If there is more than one business on the lot and
all businesses are accessed from the outside by common entrances and
exits and no business is directly accessed from the outside, the maximum
sign area for all tenants combined shall be 40 square feet, and all
signage shall be combined on a collective sign or freestanding collective
signpost.
[3]
If there is more than one business on the lot,
and one or more businesses are directly accessed from the outside,
then there shall be no more than 40 square feet of total signage on
the collective sign or freestanding signpost for all tenants, identifying
the building, lot or development. Each business which is directly
accessed from the outside may have one additional sign, in close proximity
to its entrance, which is no more than six square feet of sign area.
If no collective sign is located on the parcel then the maximum sign
area shall be divided among all units on the parcel.
(b)
Limited Business District, SG1, SG2, and SG3:
[Amended 6-11-2019 ATM
by Art. 5]
[1]
If there is only one business on the lot, the maximum
sign area shall be 12 square feet.
[2]
If there is more than one business on the lot and
all businesses are accessed from the outside by common entrances and
exits and no business is directly accessed from the outside, the maximum
sign area shall be 12 square feet.
[3]
If there is more than one business on the lot,
and one or more businesses are directly accessed from the outside,
then there shall be no more than 12 square feet of total signage on
the collective sign or freestanding signpost for all tenants, identifying
the building, lot or development. Each business which is directly
accessed from the outside may have one additional sign, in close proximity
to its entrance, which is no more than six square feet of sign area.
If no collective sign is located on the parcel then the maximum sign
area shall be divided among all units on the parcel.
(3)
Farm District: 40 square feet.
(4)
Residential developments. A residential neighborhood, development
or subdivision with clearly defined geographical boundaries may have
one sign located at the primary entrance not to exceed 12 square feet.
E.
Advertising signs. Advertising signs may be erected and altered without
a permit from the Code Enforcement Officer. Business and residential
signs shall require a permit, however. Advertising signs shall meet
the following restriction:
(1)
The aggregate sign area of all advertising signs for an establishment
shall not exceed six square feet and no advertising sign shall have
any dimension greater than three feet. No window shall have more than
15% of its area covered with advertising signs.
F.
Nonconforming signs.
(1)
Any sign or part thereof, legally existing prior to April 4,
1998, which does not conform to the requirements of this section may
continue and may be maintained, but may not be extended, reconstructed,
enlarged or altered. Any sign replacing a nonconforming sign shall
conform to the provisions of this section, and thereafter the nonconforming
sign shall not be displayed.
(2)
Removal of nonconforming signs from properties with multiple-tenant buildings. The Town has hereby determined that there has been a proliferation of signs on lots that contain multiple-tenant buildings. This proliferation has had a deleterious effect upon the aesthetics of the neighborhoods in which such buildings are located and in some cases may cause traffic safety problems with traffic circulation either on the site or on adjoining streets or both. Based upon these problems and notwithstanding the provisions of Subsection F(1) of this section, any sign or signs that are located on a lot that contains a multiple-tenant building must be brought into compliance with all applicable requirements for collective signs set forth in this section. Such signs must be in full compliance with these requirements within one year from the effective date of these amendments.
A.
General provision shall be made for vehicular access to, and circulation
within, all land use activities, lots, subdivisions and activities
requiring site plan review, in such a manner as to safeguard against
hazards to traffic and pedestrians in the street and within the development,
to avoid traffic congestion on any street and to provide safe and
convenient circulation on public streets and within the development.
In addition, access and circulation shall also conform to the following
standards and the design criteria below.
B.
Driveway and entrance design. All driveway and entrance designs connecting
to state or state aid highways shall meet the most current Chapter
299, Highway Driveway and Entrance Rules, of the Maine Department
of Transportation, adopted pursuant to 23 M.R.S.A. §§ 52
and 704. Commercial uses, multifamily residential uses, and subdivisions
connecting to non-state or non-state aid highways within the Town
of Ogunquit shall also be required to meet said rules.
[Amended 6-12-2012]
C.
The following standards and design criteria shall apply only to developments defined as subdivisions or activities requiring site plan review by this chapter which are projected to generate average daily traffic (ADT) of 50 or more trips per day, or which are required to provide 10 or more parking spaces. If a proposed subdivision or development requiring site plan approval is located on land contiguous to land on which a subdivision or site plan was approved by the Planning Board within the past five years and such prior approval was obtained by the same applicant or by an applicant who is an immediate family member, or is under common control, of the current applicant, the ADT and parking spaces of such prior development shall be included in determining whether the proposed amount of ADT to be added, or required parking to be provided, has met or exceeded the threshold of this Subsection C. Proposed projects owned and operated by the Town of Ogunquit are exempted from these requirements, if the Town can demonstrate to the Planning Board that trips generated shall be prohibited during peak traffic hours or shall be otherwise controlled to avoid or minimize congested streets or intersections.
(1)
The street giving access to the lot and neighboring streets
which can be expected to carry traffic to and from the development
shall have sufficient traffic-carrying capacity, as defined below,
or be suitably improved, to accommodate the amount and types of traffic
generated by the proposed use.
(a)
No development which meets or exceeds the ADT or parking space threshold of this Subsection C shall increase the volume/capacity ratio of any street above 0.8 nor reduce the street giving access to the proposed development to a Level of Service "D" or below, nor shall it reduce any Route 1 street intersection within one mile as measured by the actual travel distance from the proposed development to a Level of Service "D" or below, unless the applicant constructs traffic improvements or agrees to reasonable conditions of approval to mitigate the traffic impacts of the proposed development. "Level of Service" shall be defined according to the latest edition of the Highway Capacity Manual, published by the Transportation Research Board, National Academy of Sciences. All subdivisions or site plans which were approved and located on contiguous lots owned by the applicant within the last five years shall be included in determining whether the proposed amount of ADT to be added, or required parking to be provided, has exceeded the threshold of Subsection C.
(b)
If the volume/capacity ratio of the existing street giving access to the proposed development already exceeds 0.8, or the level of service of the existing street giving access or of any Route 1 street intersection within one mile as measured by the actual travel distance from the proposed development is already at "D" or below, the application for such a subdivision or activity requiring site plan review meeting or exceeding the ADT or parking space threshold of Subsection C above shall be denied unless the applicant can improve the street or intersection capacities or level of service so that no further increase in delay or waiting times will occur should the project be constructed, as demonstrated by a traffic impact analysis prepared by a licensed professional engineer, submitted by the applicant.
D.
The following standards and design criteria in this subsection shall
apply to any land use activities, lots, subdivisions, or activities
requiring site plan review, as applicable:
[Amended 6-9-2015]
(1)
Where a lot has frontage on two or more streets, the access
to the lot shall be provided to the lot across the frontage and to
the street where there is lesser potential for traffic congestion
and for hazards to traffic and pedestrians.
(2)
Where necessary to safeguard against hazards to traffic and
pedestrians and/or to avoid traffic congestion, provision shall be
made for turning lanes, traffic directional islands, frontage roads,
driveways and traffic controls within public streets.
(3)
Accessways shall be of a design and have sufficient capacity
to avoid queuing of entering vehicles on any street or exiting the
development onto any street.
(4)
Where topographic and other conditions allow, provision shall
be made for circulation driveway connections to adjoining lots of
similar existing or potential use:
A.
The disposal of wastewater by means other than a public system must
comply with the laws of the State of Maine and the Town concerning
water pollution. Where a public sanitary sewer system is located within
100 feet, horizontal distance, of any portion of any new buildings
used for human habitation or occupancy as measured from the public
way, the Town shall require participation in said sewer. Wherever
the requirements of this chapter are at variance with the rules and
regulations of the Sewer District, the most restrictive shall govern.
Buildings existing as of April 10, 2001, within 100 feet of a public
sanitary sewer system which are served by a private sewer or drainage
system shall not be required to connect to the sewer or drain of the
Sewer District so long as the private sewer or drainage system functions
in a satisfactory and sanitary manner and does not violate any law
or ordinance applicable thereto or any applicable requirement of the
State of Maine Plumbing Code as determined by the Ogunquit Local Plumbing
Inspector. In the event of a failure of any private sewer or drainage
system within 100 feet of a public wastewater system as determined
by the Code Enforcement Officer, such private system shall be replaced
with a connection to the public sewer system.
[Amended effective 4-10-2001; 6-8-2021 ATM by Art. 9]
B.
Discharge of sanitary waste from any private waste discharge system
into any water body in the Town of Ogunquit is prohibited, except
for systems which were lawfully existing at the time of adoption of
this section, so long as they are in compliance with all applicable
state and federal laws and regulations.
C.
The following provisions regarding the required pump-out of septic
tanks shall become effective on July 1, 2010:
[Amended 6-8-2010]
(1)
Any new or existing septic tanks outside of Shoreland Zones
shall be pumped out not less than once every five years.
(2)
Any new or existing septic tanks within any Shoreland Zone shall
be pumped out not less than once every three years.
(4)
Any person or company that pumps septic tanks in the Town of
Ogunquit shall file a report each month with the Code Enforcement
Officer. The monthly report shall indicate, for each tank pumped during
that month:
All outdoor storage facilities for fuel, chemical or industrial
wastes and potentially harmful raw materials shall be located on an
impervious base and shall be completely enclosed by an impervious
dike which shall be high enough to contain the total volume of liquid
kept within the storage area, plus the rain falling into this storage
area during a fifty-year storm, so that such liquid shall not be able
to spill onto or seep into the ground surrounding the paved storage
area. Storage tanks for home heating oil and diesel fuel, not exceeding
275 gallons in size, may be exempted from this requirement in situations
where neither a high seasonal water table (within 15 inches of the
surface) nor rapidly permeable sandy soils are involved.
[Added 11-6-2001; amended 6-8-2010]
A.
Effective June 8, 2010, the following provisions shall apply to:
B.
As of this effective date, the provisions of this section shall apply to any such existing commercial or residential properties meeting the above criteria, notwithstanding the provisions of § 225-3.1A of this chapter regarding continuance of nonconformities.
(1)
Exposed trash containers, recyclables containers and dumpsters
shall have sufficient setbacks and screening (such as containment
within a cabinet, stockade fence or a dense evergreen hedge six feet
or more in height) to provide a visual buffer sufficient to minimize
their impact on other land uses and properties in the area.
(2)
Trash containers, recyclables containers and dumpsters shall
be located within a cabinet or screened so as not to be visible from
a public way or from the ordinary eye level of an individual standing
on the ground from abutting residential property or transient accommodations.
In a residential district or a property abutting a residential district
or on a property abutting a strictly residential use only, trash containers,
recyclables containers and dumpsters shall meet the setback requirement
for structures.
(3)
If any business is unable to comply with these standards because
of serious space limitations that make such enclosures or screening
unworkable, it may apply to the Planning Board for a waiver, using
forms provided for such purpose by the Land Use Office. The application
fee for a waiver of this section shall be set annually by the Select
Board. The Planning Board may waive any or all portions of this section
with or without limitations when, after review of the waiver application,
it is determined that suitable conforming space is not available on
a subject property for the location of any screening for exposed trash
containers, recyclables containers, or dumpsters. The Planning Board
may schedule a site visit to the subject property before making a
final determination on such a waiver application.
C.
Enforcement of this section and penalties for any violations shall
be governed by Article 4 of this chapter.
