[Ord. of 6-4-1984; Ord. of 6-25-1984; Ord. of 12-3-1984; Ord. of 8-19-1985; Ord. of 7-13-1987; Ord. of 12-2-1991; Ord. of 11-7-1994; Ord. of 4-1-2002; amended 1-3-2012; 5-15-2014]
(a) Description and purpose. Encompassing most of the area outside the urban center, the R-3 Zones are intended for the kinds of uses which have traditionally predominated in rural New England: forestry and farming, farm residence and a scattering of varied uses not inconsistent with a generally open, nonintensive pattern of land use. The minimum lot size requirement is high in order to prevent overdevelopment where public sewers are not feasible and where a full range of urban services cannot be provided economically.
(b) Uses permitted:
(1) Forestry, agriculture including roadside stands for the sale of produce, poultry or animal raising, riding stable, veterinary hospital or boarding kennel, provided that any building housing animals is located not less than 100 feet from any property line.
(2) Single-family dwellings and customary home occupations.
(5) Public utility and communications structures.
(6) Semipublic and private recreation facilities and grounds.
(8) Sawmill or facilities for the storage and processing of agricultural products, but not including slaughterhouses.
(10) Public facilities and grounds.
(11) Accessory uses, including signs consistent with Section
104.23.
(12) Allow newer mobile homes in R-3A Zones as designated on the Official Zoning Map in compliance with Section
104.12 and Chapter
18 of the City Code of Ordinances.
(13) New two-family dwellings, provided that such dwellings shall be on a lot of a minimum of two acres with a minimum road frontage of 250 feet. Maximum density shall be determined at a rate of one unit per 40,000 square feet.
(c) Special exceptions permitted by approval of the Planning Board:
(1) Hotels, motels, inns, boardinghouses, restaurants, nursing homes, hospitals meeting the requirements of supplementary regulations, Section
104.17.
(2) Sand, gravel or earth materials removal meeting the requirements of supplementary regulations, Section
104.14.
(3) Campgrounds or trailer parks meeting the requirements of supplementary regulations, Section
104.16.
(4) Mobile home parks meeting the requirements of supplementary regulations, Section
104.15.
(5) Art gallery, pottery barn or ceramics studio, auction barn, antique sales, providing such use will provide off-street parking, is not within 50 feet of any residential structure and will not create any traffic hazards due to access points, etc.
(6) Airport, provided that such airport is not nearer than 500 feet to any dwelling and will not create any nuisance in the immediate neighborhood.
(7) Automobile junkyards meeting the requirements of supplementary regulations, Section
104.18.
(8) Gasoline service stations, provided that such use meets the area, yard and height requirements of the zone and provided that there are no residential structures within 300 feet in any direction from any structure, sign, pump, etc., on the proposed use parcel.
(9) Slaughterhouse, provided that said use will have no buildings within 500 feet of any existing residential structure and provided that such use will be screened from view of any street or adjacent property.
(10) Storage and sale of building materials, provided that no structure will be within 300 feet of any residential use and provided that such use is set back 50 feet from any street right-of-way.
(11) Neighborhood general store or grocery store designed primarily to serve the residents of surrounding rural neighborhoods, provided such use meets the area, yard and height requirements of the R-3 Zone, has no more than 1,600 gross square feet for selling, storage and office space combined and provides at least three and not more than eight off-street customer parking spaces.
(12) Multifamily dwellings, providing the minimum lot size is five acres and the minimum frontage is 250 feet. Maximum density shall be determined at a rate of one unit per 40,000 square feet of lot area. Minimum setbacks from property lines for buildings, dumpsters, and parking areas shall be 40 feet.
(13) Business offices, providing that such use will provide off-street parking and no structure shall be located closer than 50 feet from any property line and will not create any traffic hazards due to access points.
(14) Maintenance shop, providing that such use will provide off-street parking and no structure shall be located closer than 75 feet from any property line and will not create any traffic hazards due to access points.
(15) The Planning Board may allow the conversion of an existing single-family dwelling into a two-family dwelling, provided that:
a. The Board shall find that such two-family use will not lead to overcrowding.
b. No conversion shall be allowed which will result in living space in the primary apartment of less than 750 square feet, nor shall the resulting apartment be less than 600 square feet.
c. There shall be clear ceiling heights of at least five feet over the minimum floor area and at least seven feet over 1/2 of the same.
d. The lot shall measure at least two acres and must have at least 200 feet of frontage.
e. Adequate access and off-street parking for at least four vehicles for such two-family dwelling shall be provided.
(18) Mobile homes. The Planning Board may allow mobile homes as single-family dwellings, provided that:
a. The mobile home owner provides his name and proof of ownership of the mobile home to the Board.
b. The property on which the mobile home is to be placed is either owned by the mobile home owner in part or in whole or by an immediate member of the mobile home owner's family and such proof of land ownership is presented together with written authority of the landowner, if other than the mobile home owner, to locate the mobile home on the land.
c. The mobile home owner provides to the Board the number of occupants to live in the mobile home and affirms in writing that the mobile home is not and will not be used as a rental unit.
d. The intent of the special exception is met, said intent being to allow persons owning farmland which is registered under the Farm and Open Space Tax Law (Title 36, Sections 1101 to 1118, M.R.S.A.) the opportunity to turn control and/or ownership over to their child or children while reserving for themselves the right to live on a portion of the property in a mobile home for the remainder of their lifetime or as long as the property remains enrolled in the Farm and Open Space Tax Law. The prime purpose of this special exemption is to permit a temporary use which will enable the long-term preservation of farmland.
e. This special exception extends only to the original mobile home owner requesting the exception, and it shall be so recorded with the secretary of the Planning Board.
f. The original parcel of land being considered shall have a minimum of 300 feet of frontage, the intent being to adhere to the lot frontage requirements of an R-3 Zone for residential use.
(19) Structures on privately owned lots with less than the required street frontage, provided:
a. The lot is at least two acres in size with a minimum buildable, nonwetland rectangle measuring 150 feet by 200 feet. If City sewerage is provided, a minimum lot size of one acre is required. The main structure shall be located within this minimum rectangle, with a minimum setback of 30 feet from its edges.
b. The access is across a deeded, fee-simple right-of-way at least 30 feet wide for residential lots and 50 feet for all other lots. The access drive shall be at least 12 feet wide for residential lots and 18 feet wide for all other uses. The Planning Board may vary the access drive width requirements for due cause; however, in no case shall the access drive be less than 12 feet.
c. Eighteen inches of gravel base with a graded drained subbase is required.
d. Curve radii will be 100 feet minimum.
e. Access roads longer than 300 feet shall provide an adequate access and turnaround for emergency vehicles, as approved by the Fire Department.
(21) Residential cluster developments. A planned development, laid out to utilize the unique characteristics of the land upon which it is located, and to preserve natural characteristics, wherein each principal building does not necessarily occupy a lot meeting minimum dimensional requirements. A cluster development may be permitted by special exception, providing that the following conditions are met:
a. Minimum original parcel size, five acres.
b. Maximum number of lots shall be determined by dividing the parcel area located within the R-3 or R-3A Zone by 40,000.
c. The Planning Board shall find that the proposal preserves unique characteristics of the property. Examples of unique natural characteristics include, but are not limited to, stream and river access, outstanding stands of trees, farmland, and wetlands.
d. Minimum lot size shall be based on soil capability for septic systems but shall not be less than 20,000 square feet. Lots shall have an identified location for the leach field and the reserve area. If public sewers are provided, minimum lot size shall be 20,000 square feet.
e. Minimum frontage shall be 100 feet. Lots with less than the minimum frontage shall meet the requirements of Section 111.2(c)(19), with a minimum lot size of one acre.
f. Minimum front, rear, and side setbacks: as outlined in Section 111.2(d)(3).
g. The identified unique natural characteristics shall be set aside by deed restrictions as permanent open space. Ownership of the open space can take one of the following forms:
1. The open space may be deeded to the City, with the approval of the Planning Board and City Council.
2. The ownership may be held by a homeowners' association. The minimum requirements of the association are that membership must be mandatory and that the association has the power to assess dues and place liens. The articles incorporating the association shall be approved by the Planning Board.
h. As it is the intent of cluster developments to take advantage of unique characteristics of the land upon which they are located, and to preserve natural characteristics, cluster developments without common open space shall not be considered.
i. Uses permitted on lots in the cluster development shall be limited to single-family dwellings and accessory buildings, customary home occupations and seasonal residences.
j. Uses of the common open space may include, but are not limited to, recreation, forestry, agriculture, and wildlife habitat. A management plan for the open space may be required by the Planning Board as a part of the approval.
(d) Area, yard and height requirements.
(1) Minimum lot size: one acre, except for elderly housing, which shall be five acres.
(2) Minimum frontage: 150 feet, except for elderly housing, which shall be 250 feet principal frontage, 100 feet second frontage (corner lot).
(3) Minimum yard depths:
a. Front yard: 30 feet, except for elderly housing, which shall be 40 feet.
b. Side yards: 15 feet; elderly housing, 15 feet.
c. Rear yard: 30 feet; elderly housing, 30 feet.
(4) Maximum height of buildings: 35 feet.
(5) Maximum lot coverage: 30%.
(6) Density in multifamily, cluster subdivisions and elderly housing will not exceed four dwelling units per acre.
(7) For structures in existence prior to 2009, the front yard setback shall be the lesser of:
b. The average setback of six adjacent structures (three on each side). In the event there are not six adjacent structures, the average setbacks of those adjacent structures available will be utilized.
(8) Minimum yard depth for accessory structures:
a. Side and rear yards are at least five feet.
b. Front yard is at least 30 feet.
c. No accessory structure is within 10 feet of another structure on adjacent property.
d. An accessory structure greater than 18 feet in height (to the peak of the roof) or with more than one story shall meet the setback for principal structures. Limited storage above the main garage is allowed.
(e) Site plan review. Any use allowed in a R-3 Zone involving new construction and conversion of existing in excess of 3,000 square feet of floor area shall be subject to site plan review requirements of Section
104.24, provided that this section shall not apply to single-family detached dwellings or their accessory buildings.