[Amended 11-3-2020; 6-13-2023; 6-11-2024]
An accessory apartment that complies with the following standards is exempt from the minimum lot area, minimum lot width, and minimum net residential area per dwelling unit requirements applicable to the zone in which the accessory apartment is constructed. An accessory apartment is not considered a two-family dwelling or a multiplex, and is not considered a dwelling unit for purposes of 1) applying the residential parking standards in §
240-6.10; 2) applying the road construction, filling and grading standards in §
240-6.14; 3) applying the growth management permit requirements in §
240-11.12;, 4) counting the number of dwelling units when applying the subdivision definition in 30-A M.R.S.A. § 4401, as amended; and 5) calculating the net residential area pursuant to §
415-11.17. An accessory apartment that does not comply with the following standards is considered a dwelling unit and must comply with all applicable standards for a dwelling unit. An accessory apartment may only be located on a lot containing one or more single-family dwellings.
A. A request for an accessory apartment requires submittal of a site
plan that shall include the property owner with deed reference, lot
boundaries and dimensions to scale and the location and setbacks of
all buildings and parking areas.
B. A request for an accessory apartment shall include a plan of the
entire building showing a separate floor layout of all finished levels
identifying the use of all rooms and the location of all entrances/exits.
C. C. For an accessory apartment located within or attached to a single-family
dwelling, the dwelling shall have only one front entrance and all
other entrances shall be either on the side or in the rear of the
dwelling or accessory apartment. An entrance leading to a foyer with
interior entrances leading from the foyer to the accessory apartment
and the single-family dwelling unit is permitted.
D. The living area of an accessory apartment shall be a minimum of 190
square feet, and a maximum of 800 square feet. An accessory apartment
may not have any living space on a third story unless it meets the
minimum life safety requirements as defined in the Building Code.
E. An accessory apartment is not permitted in the Shoreland Zone unless
the lot on which it will be located has at least double the required
minimum lot size and shore frontage.
F. No more than one accessory apartment shall be permitted on a lot
containing one or more single-family dwelling.
G. An accessory apartment shall be occupied as a primary residence.
("Primary residence" shall be defined as more than six months per
year.) An accessory apartment is not eligible to operate as a short-term
rental.
H. An accessory apartment located on properties connected to the Town's
wastewater collection system must be approved by the Sewer Department.
Properties utilizing subsurface waste system and private wells must
meet the standards required in the Maine Subsurface Wastewater Disposal
Rules. In addition existing septic systems must be evaluated for condition
and capacity by a licensed site evaluator. A reserve area is required
for existing and new systems in the event that replacement is necessary.
Biannual pump-outs of septic systems servicing the property are required
and documentation must be provided to the Town upon request.
I. For an accessory apartment that is a separate structure or attached
to a single-family dwelling, the proposal must comply with best management
practices in managing stormwater for low-impact development, in accordance
with the LID Guidance Manual for Maine Communities (Maine Department
of Environmental Protection, Sep. 21, 2007).
J. An accessory apartment is an extension of a residential use and may
not be independently conveyed except to the extent permitted by law.
K. Except as expressly provided in this section, an accessory apartment
must comply with all other requirements of this Code, including but
not limited to Article 6 and any shoreland zoning requirements.
Campgrounds shall conform to the minimum requirements imposed
under state licensing procedures and the following:
A. Recreational vehicle and tenting areas shall meet the following criteria:
(1)
The site of the campground shall contain a total area of at
least 5,000 square feet per recreational vehicle, tent, or shelter,
not including roads and driveways. Land supporting wetland vegetation,
and land below the normal high-water mark of a body of water, shall
not be included in calculating land area per site.
(2)
Each recreational vehicle, tent, or shelter site shall be provided
with a trash receptacle and fireplace.
(3)
No recreational vehicle, trailer or tent shall be allowed to
remain in a campground on a permanent basis.
B. The areas intended for placement of recreational vehicles, tents
or shelters, and utility and service buildings, shall be set back
a minimum of 75 feet from the normal high water line of bodies of
water and tributary streams and the upland edge of a freshwater or
coastal wetland; and a minimum of 100 feet from the other exterior
lot lines of the campground.
[Amended 11-3-2020]
C. All campgrounds shall be screened from adjacent land areas by a continuous
landscaped area not less than 25 feet in width containing evergreen
shrubs, trees, fences, walls or any combination thereof which forms
an effective visual barrier of not less than six feet in height.
Notwithstanding other provisions of the Land Use Ordinance,
an elder-care facility shall be governed by the following performance
standards:
A. Minimum lot size. An elder-care facility shall be located on a lot
with a minimum lot area of 200,000 square feet.
B. Minimum lot width. The lot shall meet the minimum lot width requirement
of the zone in which it is located.
C. Setbacks. An elder-care facility shall conform to the following setback
requirements:
(1)
Buildings with less than 5,000 square feet of gross floor area:
(2)
Buildings with 5,000 or more square feet of gross floor area:
(3)
The area of the required front setback shall be maintained as
a landscaped area. This area may be crossed by access drives and pedestrian
facilities, but shall not be used for parking or service areas.
D. Height. Notwithstanding the provisions of §
240-6.2, Height restrictions, the height of all buildings associated with an elder-care facility shall be limited to a maximum of two stories and 30 feet. The Planning Board may permit an increase in the height to a maximum of 35 feet as part of the site plan review if the applicant demonstrates that the additional height is needed to accommodate a pitched roof, in accordance with Subsection
G.
E. Density. The minimum lot area for each dwelling unit and each residential
care unit in an elder-care facility shall be:
(1)
Dwelling units: 2,500 square feet of net residential area.
(2)
Residential care units: 1,500 square feet of net residential
area.
F. Sewer and water supply. All elder-care facilities shall be connected
to the public sewer and water supply systems. No elder-care facility
shall dispose of sewage by means of an on-site sewage disposal (septic)
system or other private sewage disposal system.
G. Architectural appearance. All new construction of elder-care facilities
shall have pitched roofs, which may include a gable roof, hip roof,
or gambrel roof. If a gable roof or hip roof is used, the roof pitch
shall be at least four feet in 12 feet. All new construction shall
use exterior materials compatible with other structures in the surrounding
area.
H. Buffering and landscaping.
(1)
An elder-care facility regardless of size, shall submit a landscape
plan for the parking areas that serve the development as part of its
application for site plan review. The plan shall be prepared by a
landscape architect licensed in the State of Maine. The plan shall
show adequate provisions for screening the parking, loading/unloading,
and service areas from adjacent properties.
(2)
In addition, an elder-care facility with more than 15 dwelling
units, residential care units, and/or nursing home beds that abuts
a lot in a residential district or in residential use shall comply
with the following standards:
(a)
The first 50 feet of the side or rear setback, measured from
the property line, shall be retained in its natural vegetated state
to the maximum extent possible to provide a visual screen between
the abutting lot and the project.
(b)
When natural buffering does not exist, cannot be fully retained
as a visual screen or, in the sole judgment of the Planning Board,
is not sufficient to achieve an effective visual screen, the first
50 feet of the side or rear setback shall be landscaped to create
a visual screen.
(c)
In addition to the landscaping of side and rear yards required
to serve as buffers between the development and abutting lots in residential
districts or residential use the applicant shall submit a landscape
plan, prepared by a landscape architect licensed in the State of Maine,
for other yard areas, parking areas, public areas, and site entrances.
I. Outdoor lighting. Outdoor lighting shall be compatible with the project's location. Outdoor lighting shall be designed to provide only the minimum lighting necessary to ensure adequate vision, safety, and comfort in pedestrian and vehicle areas and to not cause glare beyond the limits of the property boundaries. Lighting shall conform to Chapter
245, Lighting, Outdoor.
Structures or pens for housing or containing the animals in
a kennel shall be set back at least 100 feet from the property lines
of the lot on which the kennel is located.
No mobile home or manufactured housing unit constructed prior
to June 15, 1976, shall be brought into the Town after the effective
date of this chapter.
Unless otherwise provided for in this chapter, any use involving
the retail sale of goods or services, whether as a retail business
or other category of use, within the Dock Square and Riverfront Zones,
shall comply with this section.
A. Each individual retail business shall contain no less than 500 square
feet of gross floor area.
B. The creation of separate areas under this section within existing
structures, or as a part of proposed structures, is subject to site
plan review by the Planning Board under the provisions of Article
10.
Purpose: To provide for smaller-scale housing options, specifically
workforce housing and small-scale commercial options, by encouraging
mixed-use structures without requiring twice the minimum lot size
on conforming lots.
A. A request for residential mixed use requires submittal of a site
plan that shall include the property owner with deed reference, lot
boundaries and dimensions to scale, the location and setbacks of all
buildings and parking areas and open spaces.
B. Minimum lot size and building setbacks shall meet the underlying
zone requirements. Minimum open space (area not occupied by structures
or parking) shall be 60% of total lot area.
C. Streetscapes created by new development must be pedestrian-oriented.
There shall be a direct pedestrian connection between the principal
building entrance and the sidewalk(s) or path(s) along the adjoining
street(s) if the commercial use is open to the public and/or fronts
an existing public sidewalk or path.
D. Parking shall meet the requirements set forth in Article 6. Parking
shall be predominantly located to the side and/or rear of the building.
E. Residential mixed-use structures located on properties connected
to the Town's wastewater collection system must be approved by the
Sewer Department. Properties utilizing subsurface waste system and
private wells must meet the standards required in the Maine Subsurface
Wastewater Disposal Rules. In addition:
(1)
Existing septic systems must be evaluated for condition and
capacity by a licensed site evaluator. A reserve area is required
for existing and new systems in the event that replacement is necessary.
Biannual pump-outs of septic systems servicing the property are required
and documentation must be provided to the Town upon request.
(2)
Properties serviced by private wells must provide to the Code
Enforcement Office a water quality test to ensure adequate water quality
prior to issuance of a certificate of occupancy.
F. A request for residential mixed use shall include a plan of the entire
building showing a separate layout of all finished levels identifying
the use of all rooms and the location of all entrances/exits.
G. The number of dwelling units permitted with a commercial use as identified
in the definition of residential mixed use shall be limited to four.
[Amended 6-8-2021]
H. Individual dwelling units shall consist of a minimum of 600 square
feet of habitable space and may not have any living space on a third
story unless it meets the minimum life safety requirements as defined
in the Building Code.
I. The dwelling unit(s) shall be occupied as a primary residence (primary
residence shall be defined as more than six months per year).
J. Where permitted, only one home occupation shall be permitted per
dwelling unit.
K. The minimum commercial unit size shall be 500 square feet of gross
floor area. The commercial area may not exceed two times the total
residential area.
L. All new or redeveloped structures shall meet or exceed NFPA requirements
for the applicable fire-suppression system.
M. Any specific performance standards otherwise identified in this chapter
related to the commercial use must also be met.
[Added 6-11-2024]
An affordable housing development that complies with the requirements
of this section is eligible for a dwelling unit density bonus of 2 1/2
times the base density that is otherwise allowed on the lot proposed
for affordable housing development. If fractional results occur when
calculating the density bonus, the maximum number of allowed units
shall be rounded down to the nearest whole number.
A. Location. The affordable housing development must be either 1) located
in a designated growth area or 2) served by a public, special district,
or other centrally managed water system and a public, special district,
or other comparable sewer system.
B. Long-term affordability.
(1)
More than half (51%) of the total dwelling units in the affordable
housing development must be designated as affordable rental units
or affordable homeownership units.
(2)
Prior to the issuance of a certificate of occupancy for a structure
to be used for an affordable housing development, the owner of the
affordable housing development must execute a restrictive covenant
recorded in the York County Registry of Deeds and enforceable by a
third party acceptable to the Planning Board, to ensure that for at
least 30 years after completion of construction occupancy of all units
designated affordable in the development will remain limited to households
at or below 80% (for rental housing) or 120% (for owned housing) of
the local area median income at the time of initial occupancy. The
restrictive covenant must run with the land and encumber the affordable
housing development, be binding upon the developer (for rental housing)
or the unit owners (for owned housing) and their successors and assigns,
and inure to the benefit of and be enforceable by the Town a third
party acceptable to the Planning Board.
C. Water and wastewater.
(1)
The sanitary and potability standards in §
240-6.11 shall apply to each unit within the affordable housing development.
(2)
The developer of the affordable housing development must make
adequate provision for the long-term maintenance, repair, and improvement
of any i) individual private septic system, ii) comparable sewer systems,
iii) individual private wells, and iv) public water systems proposed
to serve the units within the affordable housing development, including
a process of collection and enforcement to obtain capital improvement
funds from the developer (for rental housing) or the unit owners (for
owned housing).
D. Multiplex development. The provisions of §
240-7.11 shall apply to any affordable housing development that includes a multiplex building.
E. Short-term rental prohibition. No unit (whether designated as affordable or not) within an affordable housing development may be used for short-term rental pursuant to Chapter
129 of this Code during the duration of the long-term affordability restriction in Subsection
B(2), above.
F. Nothing in this section exempts an affordable housing development from any other requirements of this Code, including but not limited to the growth management permit requirements in §
240-11.12, the subdivision regulations in Chapter
415 of this Code, or any shoreland zoning requirements.