[Ord. of 6-25-1984; Ord. of 11-7-1994; Ord. of 12-2-1996; Ord. of 2-1-1999]
(a)
Description and purpose. The R-1 Zone is established as a zone primarily
for single-family dwellings. Other uses permitted in the district
are those which are harmonious with the traditional pattern of development
in residential neighborhoods in Old Town.
(b)
Uses permitted:
(1)
Single-family dwellings.
(2)
Public and private schools.
(3)
Churches.
(4)
Public facilities and grounds.
(6)
Agriculture, but not including the raising of livestock or poultry.
(7)
Accessory uses or buildings, including private garages.
(8)
Home occupations and home day cares (up to 12 children), which
are compatible with the neighborhood in which they are located, provided
that:
[Added 5-15-2014]
a.
There is no external evidence of such occupation except a business
sign not more than two square feet in area. Home day cares shall be
allowed to have exterior play area as prescribed by law.
b.
The occupation or profession shall be conducted wholly within
the principal building by not more than one person outside the business
proprietor's family living therein. Home day cares shall be allowed
to have exterior play area as prescribed by law.
c.
The occupation shall not use more than 25% of the first-floor
area of the dwelling unit.
d.
No nuisance shall be generated, including, but not necessarily
limited to, offensive noise, vibration, smoke, dust, odors, heat,
glare, traffic or parking.
(c)
Special exceptions permitted by approval of the Planning Board:
[Amended 5-15-2014]
(2)
Noncommercial greenhouses, provided they are not closer than
10 feet to any lot line, and including private, noncommercial stables
or kennels providing that no enclosure for animals is nearer than
100 feet to any property line.
(3)
Two-family dwellings, provided that it shall find that such
two-family use will not lead to overcrowding in the area and that
adequate access and parking for such two-family dwelling be provided.
The area and dimension requirements of the zone will be met in all
such cases.
(4)
Elderly housing.
(d)
Area, yard, and coverage requirements.
(2)
Minimum frontage: 85 feet plus 10 feet for two-family dwellings,
except that for elderly housing located on corner lots the frontage
requirement shall be only for the street on which the building fronts.
(4)
Maximum height of building: 35 feet.
(5)
Maximum lot coverage: 30%.
(6)
(Reserved)
(7)
In elderly housing there shall be no more than four dwelling
units per structure.
(8)
For structures in existence prior to 2009, the front yard setback
shall be the lesser of:
[Added 5-15-2014]
(9)
Minimum yard depth for accessory structures:
[Added 5-15-2014]
a.
Side and rear yards are at least three feet.
b.
Front yard is at least 20 feet.
c.
No accessory structure is within six 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 an R-1 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.
[Ord. of 6-4-1984; Ord. of 6-25-1984; Ord. of 8-2-1993; Ord. of 11-7-1994; Ord. of 12-2-1996; Ord. of 2-1-1999; Ord. of 8-7-2000; Ord. of 10-2-2000; amended 10-20-2005]
(a)
Description and purpose. Encompassing most of the older residential
neighborhoods and located within convenient reach of central business
facilities, the R-2 Zones are expected to contain most of the multifamily
or apartment-type dwellings likely to be needed by the community.
However, in harmony with the established neighborhoods, the predominant
land use will probably continue to be single-family residences. As
in the R-1 Zones, certain additional uses which meet the requirements
of this ordinance may be permitted, which contribute to balanced neighborhoods
and enhance the attractiveness of the community.
(c)
Special exceptions permitted by approval of the Planning Board:
(1)
Private clubs, provided that off-street parking spaces are provided in accordance with Section 104.11, that planting or fencing is used to buffer such uses from adjacent properties, and that the Board shall find that such use on its proposed site will not be detrimental to the area.
(2)
Semipublic and private recreation buildings and grounds, provided that the conditions of Section 111.1, Subsection (c)(1), above are met, and provided that no noise-making devices are to be employed.
(3)
Nursing home, hospital, medical office, hotel, motel or inn meeting the requirements of supplementary regulations, Section 104.17.
(4)
Decks, consistent with Section 104.21(1)(3).
(5)
Professional offices, education, conferences and training centers
and laboratories in that portion of R-2 Zones abutting major City
arteries as follows: South Main, North Main and Center Streets and
that portion of Stillwater Avenue west of the easterly boundary of
Map 22, Lot 17, including both sides of Stillwater Avenue in the R-2
Zone.
(6)
(Reserved)
[Amended 5-15-2014]
(7)
Neighborhood general stores (grocery stores) established after
July 1, 2000, with the following conditions:
a.
The store will not sell any fuel for any type of vehicle.
b.
There will be no consumption of food on the premises.
c.
No more than 10% of the gross sales floor area will be devoted
to food preparation for food to be consumed off of the premises.
d.
Parking: one space will be provided for each employee on duty
and one space for each 200 square feet of building area.
e.
The sales floor and display area is not to exceed 1,200 square
feet.
(d)
Area, yard, and coverage requirements.
(2)
Minimum frontage: 75 feet plus 10 feet for each dwelling unit
over one; except that for elderly housing located on corner lots,
the frontage requirements shall be only for the street on which the
building fronts.
(4)
Maximum height of buildings: 35 feet.
(5)
Maximum lot coverage: 30%; except that in elderly housing, maximum
lot coverage shall be 50%.
(6)
(Reserved)
(7)
Density in elderly housing shall be no more than 12 dwelling
units per structure.
(8)
For structures in existence prior to 2009, the front yard setback
shall be the lesser of:
[Added 5-15-2014]
(9)
Minimum yard depth for accessory structures:
[Added 5-15-2014]
a.
Side and rear yards are at least three feet.
b.
Front yard is at least 20 feet.
c.
No accessory structure is within six 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-2 Zone involving new construction and conversion of existing in excess of three thousand (1,500) 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.
[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.
(3)
Commercial greenhouses.
(4)
Professional offices.
(5)
Public utility and communications structures.
(6)
Semipublic and private recreation facilities and grounds.
(7)
Cemetery.
(8)
Sawmill or facilities for the storage and processing of agricultural
products, but not including slaughterhouses.
(9)
Schools.
(10)
Public facilities and grounds.
(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.
(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.
(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.
(16)
Churches.
(17)
Elderly housing.
(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.
(20)
(Reserved)
(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).
(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:
(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.
(a)
Description and purpose. The R-4 Zone encompasses land bordering
Pushaw Lake and Perch Pond and is designed to provide for the most
appropriate use and future development of this land, to preserve to
the greatest extent possible the natural beauties and features of
the land and to retard overdevelopment in the absence of public sewerage
and water.
(b)
Uses permitted:
(1)
Single-family dwellings.
(2)
Public recreation facilities and grounds.
(3)
Home occupations and home day cares (up to 12 children), which
are compatible with the neighborhood in which they are located, provided
that:
[Added 5-15-2014]
a.
There is no external evidence of such occupation except a business
sign not more than two square feet in area. Home day cares shall be
allowed to have exterior play area as prescribed by law.
b.
The occupation or profession shall be conducted wholly within
the principal building by not more than one person outside the business
proprietor's family living therein. Home day cares shall be allowed
to have exterior play area as prescribed by law.
c.
The occupation shall not use more than 25% of the first-floor
area of the dwelling unit.
d.
No nuisance shall be generated, including, but not necessarily
limited to, offensive noise, vibration, smoke, dust, odors, heat,
glare, traffic or parking.
(c)
Special exceptions permitted by approval of the Planning Board:
(1)
Semipublic or private recreation facilities and grounds, provided
such ventures are nonprofit and do not create a nuisance in the area.
(2)
Public utility, provided it meets the requirements of Section 111.0(c)(2).
(4)
Decks consistent with Section 104.21(l)(3).
(d)
Area, yard and height requirements.
(1)
Minimum lot size: one acre for year-round, single-family dwelling
and 30,000 square feet for seasonal dwelling; all other uses, one
acre.
(2)
Minimum frontage:
Waterfront: 100 feet.
Street front: 100 feet.
(3)
Minimum yard depth:
Side yards: 15 feet.
Front and rear yards: 20 feet.
(4)
Maximum height of buildings: 35 feet.
(5)
For structures in existence prior to 2009, the front yard setback
shall be the lesser of:
[Added 5-15-2014]
(6)
Minimum yard depth for accessory structures:
[Added 5-15-2014]
a.
Side and rear yards are at least five feet.
b.
Front yard is at least 20 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.
[Ord. of 6-25-1984; Ord. of 1-4-1993(2); Ord. of 1-4-1993(3)]
(a)
Description and purpose. The C-1 Zone is established to accommodate
those retail, service and office uses which are of City-wide significance.
Within this area of concentrated activity and intensive development
is the central business district, offices of professional and nonprofessional
persons offering a variety of specialized services, and important
public facilities. New construction and any alteration of existing
building or land use should be consistent with the objective to develop
and maintain the central business district.
(b)
Uses permitted:
(1)
Any business or professional office.
(2)
Parking garage or outdoor parking lot.
(3)
Indoor commercial recreation and amusement facilities.
(4)
Hotel or motel.
(5)
Schools conducted as a gainful business, such as business schools
or dance schools.
(6)
Private membership social and fraternal clubs.
(7)
Community service organizations.
(8)
Cultural uses such as museums, libraries.
(9)
Public and governmental facilities.
(10)
Any other retail or service business (except as referred to
in Subsection (c) or (d) conducted within a building with no goods
or materials stored outdoors, except goods or materials of a seasonal
nature displayed for retail sale with outdoor display limited to 1%
of the gross floor area of the building. Retail businesses which include
the incidental manufacture of goods on the premises (such manufacturing
activity shall not occupy more than 50% of the enclosed floor area
of the building nor employ more than five persons on a single shift)
are permitted if such manufactured items are also sold at retail on
the premises.
(11)
Accessory uses on the same lot with and customarily incidental
and subordinate to the above uses.
(c)
Special exceptions permitted by approval of the Planning Board.
(1)
Clinic or hospital.
(2)
Wholesale business which is conducted as a secondary activity
to a retail business on the same premises and entirely indoors.
(3)
Any retail use involving outdoor sales or services such as gasoline
service stations or involving the outdoor display or storage of merchandise
such as building supply sales places, nursery sales, mobile home or
other vehicle sales place (but specifically excluding automobile junkyards)
provided that outdoor displays, parking and circulation do not extend
into required front and rear yards and provided that automobile access
points to the property are not closer than 50 feet to one another
or public or private streets or ways having access to the abutting
street.
(4)
Newspaper and printing plant.
(5)
New multifamily dwellings, apartments, or mixed-use structures, providing that the proposed uses in mixed-use structures are otherwise permitted in this zone. Yard, height and lot coverage requirements shall be as set forth in Section 111.1, general residence R-2 Zones. The number of residential units allowed shall be one for the first 6,000 square feet of lot area and one additional for each additional 1,000 square feet of lot area.
(7)
Conversion of structures to residential use in structures existing
as of March 1980, providing that the ground level story and basement,
if any, shall not be converted to residential use if located along
North Main Street, South Main Street, or Water Street. Expansions
of such structures up to 30% shall be permitted for conversion.
Conversion of such structures in excess of 1,500 square feet
shall require site plan review.
(f)
Site plan review. Any use allowed in a C-1 Zone involving new construction and conversion of existing in excess of 1,500 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.
[Ord. of 6-2-2003]
(a)
Description and purpose. The R-5 Zone is established as a zone for
lower-density multifamily dwellings and condominiums which can be
serviced by City water and sewer.
(b)
Permitted uses:
[Amended 5-15-2014]
(1)
Multifamily dwellings with at least two units per structure
which are served by water and sewer.
(2)
Home
occupations and home day cares (up to 12 children), which are compatible
with the neighborhood in which they are located, provided that:
a.
There is no external evidence of such occupation except a business
sign not more than two square feet in area. Home day cares shall be
allowed to have exterior play area as prescribed by law.
b.
The occupation or profession shall not be conducted wholly within
the principal building by not more than one person outside the business
proprietor's family living therein. Home day cares shall be allowed
to have exterior play area as prescribed by law.
c.
The occupation shall not use more than 25% of the first-floor
area of the dwelling unit.
d.
No nuisance shall be generated, including, but not necessarily
limited to, offensive noise, vibration, smoke, dust, odors, heat,
glare, traffic or parking.
(c)
(Reserved)
(d)
Area, yard and coverage requirements.
(1)
Minimum lot size: 20,000 square feet and 10,000 square feet
for each additional unit.
(2)
Minimum frontage: 150 feet plus 25 feet for each additional
unit up to 400 feet.
(4)
Maximum height of buildings: 60 feet.
(5)
Maximum lot coverage: 30%.
(6)
For structures in existence prior to 2009, the front yard setback
shall be the lesser of:
(7)
Minimum yard depth for accessory structures:
a.
Side and rear yards are at least five feet.
b.
Front yard is at least 20 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.
[Ord. of 6-25-1984; Ord. of 11-7-1994]
(a)
Description and purpose. The C-3 Zones, located outside the central
business district along highways, are designed to provide appropriate
locations for commercial uses which require a large amount of open
space for sales or storage, or for maneuvering and parking of automobiles.
(b)
Uses permitted:
(2)
Any retail business or service customarily serving motorists,
including, but not necessarily limited to, drive-in theaters, drive-in
restaurants, gift shops, outdoor recreation facilities, or gasoline
filling stations.
(3)
Outdoor commercial recreation or amusement services.
(4)
Any retail use involving the outdoor display or storage of a
substantial amount of the merchandise such as building supply sales
places, nursery sales places, used and new car, truck, farm machinery,
boat trailer, mobile home, or other vehicles sales places, but specifically
excluding automobile junkyards.
(5)
Medical marijuana registered dispensaries and medical marijuana
cultivation facilities.
[Added 10-16-2014]
(c)
Area, yard, height and lot coverage requirements.
(1)
Minimum lot size: one acre where no municipal sewerage is available;
10,000 square feet otherwise; except for elderly housing, where minimum
lot size shall be one acre if no City sewer is available; and 6,000
square feet for first unit, plus 600 square feet for each additional
unit, where City sewer is available and used.
(2)
Minimum frontage: 100 feet, except for elderly housing, 100
feet principal frontage, 75 feet secondary frontage.
(4)
Maximum height of buildings: 35 feet.
(5)
Maximum lot coverage: 30%.
(6)
Cluster developments. A cluster development shall be permitted
by special exception in C-3 Zones, providing that the following conditions
are met:
a.
If the required frontage is on a private road, road construction
standards shall be as listed for local roads in the Subdivision Ordinance,
with the following exceptions:
1.
Four-foot shoulders required.
2.
Three inches of pavement required.
3.
No maximum length dead-end street.
4.
No cul-de-sac required, providing that driveways, parking areas,
and fire lanes be designed to allow for turning of fire apparatus,
as approved by the Fire Department.
5.
It is not necessary to rough grade the full width of the right-of-way.
6.
An association shall be established, which shall have the responsibility
of maintaining the private road. 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.
7.
There is no minimum right-of-way width.
8.
The Planning Board, by a 2/3 vote, is empowered to waive or
modify any of the above road standards, with the exception of the
requirement for provisions for long-term maintenance.
b.
Private roads shall not be accepted as City streets without
first being upgraded to meet all the requirements of the Subdivision
Ordinance.
c.
Properties located within the commercial cluster shall have
their main points of ingress and egress on the common road serving
the commercial cluster.
d.
Properties located on corner lots in a commercial cluster are
not required to have 100 feet of frontage on both roads.
e.
The developer of the commercial cluster shall prepare a conceptual
plan for the development, which shall be approved by the Planning
Board.
(d)
Site plan review. Any use allowed in a C-3 Zone involving new construction and conversion of existing in excess of 1,500 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.
(e)
Site plan review criteria, in addition to Section 104.24, Site plan review, for medical marijuana registered dispensaries and medical marijuana cultivation facilities, regardless of floor area size:
[Added 10-16-2014]
(1)
The property for a medical marijuana registered dispensary and/or medical marijuana cultivation facility shall be adequate to accommodate sufficient interior space so as not to have outside patient queuing on sidewalks, parking area, and other areas outside of the building(s). A letter of compliance from the Old Town Code Officer shall be submitted to the Planning Board as part of the site plan application. The size of the inside waiting area shall be calculated at a minimum of 15 square feet per person based on total client capacity (registered patients and the registered primary caregiver of each registered patient). Medical marijuana registered dispensaries and/or medical marijuana cultivation facilities shall adhere to the laws of the State of Maine and the State of Maine Rules Governing the Maine Medical Use of Marijuana Program (10-144 CMR Chapter 122), as the same may be amended from time to time, and to Chapter 10, Article I, Licenses and Permits, of the City of Old Town Revised Code of Ordinances, as the same may be amended from time to time.
(2)
Distance requirements.
a.
No medical marijuana registered dispensary and/or medical marijuana
cultivation facility shall be located within 1,000 feet of a preexisting
public or private school. This distance shall be measured from the
main or principal entrance of the medical marijuana registered dispensary
or medical marijuana cultivation facility to the main or principal
entrance to the preexisting public or private school, via the most-direct
road or walking route.
b.
Additionally, no medical marijuana registered dispensary and/or
medical marijuana cultivation facility shall be located within 500
feet of any of the following, which is or are in existence when an
application for a medical marijuana registered dispensary and/or medical
marijuana cultivation facility is made:
1.
Preexisting church, synagogue or other facility for religious
worship.
2.
Preexisting private residence.
3.
Preexisting licensed day-care facility.
|
This distance shall be measured from the main or principal entrance
of the medical marijuana registered dispensary or medical marijuana
cultivation facility to the main or principal entrance to the church,
synagogue, residence, etc., via the most-direct road or walking route.
|
(3)
No more than one medical marijuana registered dispensary and/or
one medical marijuana cultivation facility shall be located in the
City of Old Town. The medical marijuana registered dispensary and
medical marijuana cultivation facility shall be located on the same
property that shall be under common ownership.
(4)
A medical marijuana registered dispensary may be open for business
only between the hours of 8:00 a.m. and 8:00 p.m. daily.
(5)
A medical marijuana registered dispensary and/or medical marijuana
cultivation facility shall conform to the City of Old Town's Sign
Ordinance. In addition thereto, any freestanding sign or sign attached
to a building(s) in which the dispensary and/or facility is located
shall clearly state that it is a medical marijuana registered dispensary
and/or medical marijuana cultivation facility. There shall be no signage
in any window or door, except for the hours of operation.
(6)
Security measures at a medical marijuana registered dispensary
and/or medical marijuana cultivation facility shall include the following
at a minimum:
a.
Security surveillance cameras installed and operating 24 hours
a day, seven days a week, to monitor all entrances, along with the
interior and exterior of the dispensary and/or facility, to discourage,
and facilitate the reporting of, criminal acts and nuisance activities
occurring on the property;
b.
Door and window intrusion, robbery and burglary alarm systems
with an audible on-site system and Police Department notification
components that are professionally monitored and maintained in good
working condition, using hard line traditional telephone communications
and cellular communications;
c.
A safe affixed to the building in which it is located that is
suitable for the storage of all prepared and/or processed marijuana
and cash stored overnight in the dispensary and/or facility;
d.
Exterior lighting that illuminates all exterior walls of the
licensed dispensary and/or facility; and
e.
Deadbolt locks on all exterior doors and locks or bars on any
other access point.
|
All security recordings shall be preserved for not less than
30 days by the management of the licensed dispensary and/or facility.
|
(7)
The consumption, ingestion or inhalation of medical marijuana
on or within the property of a medical marijuana registered dispensary
and/or medical marijuana cultivation facility is prohibited; provided,
however, that a medical marijuana registered dispensary and/or medical
marijuana cultivation facility employee who is a registered patient,
as that term is defined in 22 M.R.S.A. § 2422, Subdivision
12, as the same may be amended from time to time, may consume medical
marijuana inside the building(s) on the licensed property if such
consumption occurs via oral consumption and not by smoking or inhalation.
For purposes of this subsection, the term "licensed property" shall
include the lot or parcel of land upon which the medical marijuana
registered dispensary and/or medical marijuana cultivation facility
is located.
(8)
Visibility of activities, control of emissions, and the disposal
plan for a Medical Marijuana Registered Facility and/or medical marijuana
cultivation facility shall be as follows:
a.
All activities of medical marijuana registered dispensaries
and/or medical marijuana cultivation facilities, including, without
limitation, cultivating, growing, processing, displaying, selling
and storage, shall be conducted indoors.
b.
No marijuana or paraphernalia shall be displayed or kept in
a dispensary or facility so as to be visible from outside of the building(s).
c.
Sufficient measures and means of preventing smoke, odors, debris,
dust, fluids and other substances from exiting a dispensary and/or
facility must be provided at all times. Sufficient measures shall
be provided for the proper disposal of all such materials, items and
other substances in a safe, sanitary and secure manner and in accordance
with all applicable state and local laws and regulations.
d.
All medical marijuana registered dispensaries and/or medical
marijuana cultivation facilities shall have in place an operation
plan for proper disposal of marijuana-related by-products.
(9)
No food products shall be sold, prepared, produced or assembled
by a medical marijuana registered dispensary except in compliance
with all operation and other requirements of state and local law and
regulation, including, without limitation, food establishment licensing
requirements. Any goods containing marijuana for human consumption
shall be stored in a secure area.
(10)
A medical marijuana registered dispensary and/or medical marijuana
cultivation facility shall meet all operating and other requirements
of state and local law and regulation. To the extent the State of
Maine has adopted or adopts in the future any stricter law or regulation
governing medical marijuana dispensaries, the stricter law or regulation
shall control.
[Ord. of 6-25-1984; Ord. of 5-1-1989; Ord. of 12-2-1991]
(a)
Description and purpose. The C-4 Zones are designed to accommodate
commercial growth which is located along major arteries. C-4 Zones
are served by municipal water and sewer and located on easily developable
land. Access to uses in C-4 Zones should be coordinated in order to
minimize traffic congestion.
(b)
Uses permitted. This zone is designed for a building or group of
buildings (in single ownership) with coordinated access and parking
with an initial minimum of 50,000 square feet (used exclusively for:)
for the main building. Minimum square footage for satellite structures
shall be 400 square feet. The following uses are permitted:
(1)
Any retail business where goods are displayed and sold indoors.
Outdoor display shall be limited to 1% of the gross flood area occupied
by the respective tenant except for nurseries and garden centers,
which shall be allowed 50% outside display of a seasonal nature, with
a maximum of 2,000 square feet of outside storage.
(2)
Banks.
(3)
Restaurants.
(4)
Theaters.
(5)
Professional offices.
(6)
Laundromats, restricted to hours of operation of 7:00 a.m. to
10:00 p.m.
(7)
Barber and beauty shops.
(8)
Physical fitness facility.
(9)
YMCA and other, similar uses, with related activities.
(e)
Requirements for the main structure and parking lots serving the
main structure.
(1)
Area, yard, height, and lot coverage requirements. The following
requirements apply:
a.
Building setbacks:
1.
Height: One story, not to exceed 28 feet in height.
2.
Front yard: 250 feet (No parking shall be nearer than 25 feet
to any property line nor 10 feet to any building line.)
3.
Side yard: 75 feet (No parking area shall be nearer than 50
feet to any property line nor 10 feet to any building.)
4.
Rear yard: 75 feet (No parking area shall be nearer than 50
feet to any property line nor 10 feet to any building.)
(2)
Landscaping requirements:
a.
Along (each) the front property line the buffer area shall be
attractively planted with trees, shrubs, plants, and grass lawns.
(Along rear and side lines such buffer areas shall be at least 50
feet wide and along the street line such buffer areas shall be 25
feet wide. All buffer areas shall be designed so as not to interfere
with adequate vision for pedestrian and motor vehicles entering and
leaving shopping area. Special plantings shall be provided throughout
all buffer areas so that parking areas are not visible from abutting
residential property.) This area shall be 25 feet deep. The Planning
Board may also require similar landscaped buffer areas along side
and rear property lines, depending upon permitted land uses in these
areas. The intent of the buffer requirement is to protect existing
residential neighborhoods by blending the landscaping of the parking
area to the residential neighborhoods.
b.
Throughout the (shopping center) area the Planning Board may
also require areas of planting and grass lawns adjacent to sidewalks
and pedestrian ways which are required below.
(3)
Traffic circulation and parking:
a.
The shopping center site shall not be divided by (any street)
a public road.
b.
Direct ingress or egress shall be prohibited within 200 feet
of any intersection, unless it is directly at an intersection.
c.
Pedestrian walks of not less than six feet between the parking
areas and the stores shall be provided.
d.
Traffic movements through the parking area shall be organized
and guided, by directional signs, lane markings, and dividers, so
as to assure maximum safety.
e.
Adequate provision shall be made to assure safe pedestrian movement
to and through the parking area. Sidewalks shall be provided wherever
necessary.
f.
(Parking areas shall be two square feet for each square foot
of floor space.) There shall be three parking spaces for every 1,000
square feet of gross leasable space in the main structure.
(f)
Requirements for satellite structures.
(1)
Area, yard, height and lot coverage requirements. Recognizing
that the intent of the larger setbacks governing the main structure
in the C-4 Zones is to protect existing residential neighborhoods
from major developments, setback requirements for satellite buildings
are not as crucial. Therefore, the area, yard, height, and lot coverage
requirements for satellite structures in the C-4 Zone shall comply
to the following:
a.
Minimum lot size: 20,000 square feet, except for elderly and
congregate housing, where minimum lot size shall be one acre if no
City sewer is available; and 6,000 square feet for first unit plus
600 square feet for each additional unit, where City sewer is available
and used.
b.
Minimum frontage: 100 feet. As the intent of the Shopping Center
Zone (C-4 Zone) is to allow coordinated development and avoid a multitude
of driveway openings, frontage on private roads for satellite structures
is not only allowed but actively encouraged. Private roads constructed
under this section shall meet the standards for local roads found
in Section 18-114(o) of the Subdivision Regulations, as amended, except
that parking lot circulation may be designed to avoid the construction
of a cul-de-sac and to waive the 1,000-foot limit on cul-de-sac length.
The applicant shall demonstrate to the Planning Board provisions for
long-term maintenance of any private roads constructed under this
section.
d.
Maximum height of buildings: 28 feet.
e.
Maximum lot coverage: 30%.
(2)
Location: There shall be no satellite building within the required
front, rear, or side yard of the main building, although a portion
of the required building lot for the satellite building may be within
the required setbacks.
(g)
Nuisances. No store or shop in the zone shall use any noisemaking
devices such as phonographs, loudspeakers, amplifiers, radios, television
sets, or similar devices so situated as to be heard outside any building
in the zone. A public address system is permitted if operated by the
management of the shopping center, provided that the sound is not
audible in any residential zone. No fumes or objectionable odors shall
be emitted from any building. (The display of merchandise placed on
the exterior premises of any building is prohibited. Any trash, garbage,
and debris of every kind shall be stored indoors until such time as
they are collected for disposal.) No flashing, blinking, or rotating
signs shall be allowed.
(h)
Lighting.
(1)
All driveways, aisles, maneuvering spaces, and vehicular service
areas shall be adequately illuminated.
(2)
All outside lighting, including sign lighting, shall be directed
in such a way as not to create a nuisance in any residential zone.
(3)
No sign shall be illuminated beyond the hours of operation of
the use to which it pertains.
(i)
(Reserved)
(j)
(Off-street parking and) loading spaces: (All areas for the loading
and unloading of delivery trucks and other vehicles, and for the serving
of establishments or shops shall be located in the rear yards.) Such
spaces serving the main structure shall be located in rear yards.
(k)
Drainage. The entire shopping area shall be adequately drained of
surface waters. Paved parking areas, planted areas and vacant areas,
if any, shall be maintained so there is no accumulation of drainage
waters. The design of such drainage installation shall be shown on
proposed plans of the shopping center.)
(l)
Permits.
(1)
Building permit: Before the issuance of a building permit, the
Planning Board shall approve a site development plan and construction
plans of the proposed planned shopping center.)
(2)
Occupancy permit: Prior to the actual occupancy of the building
or buildings, the development must obtain an occupancy permit from
the City Manager. The City Manager, prior to his issuance of the permit,
will check to see that all requirements under this ordinance have
been met.
(m)
Site plan review. Any use allowed in a C-4 Zone involving new construction shall be subject to site plan review requirements of Section 104.24.
(n)
Bonding. The board may require that a certified check, certificate
of deposit, or bond, in an amount to be set by the board, be posted
to cover the maintenance and/or replacement of landscaping. Bonds
shall be released by the board three years after the installation
of the landscaping, following an inspection by the City engineer.
(o)
GARDEN CENTER
INTERSECTION
NURSERY
SATELLITE STRUCTURE
Definitions.
A retail business which specializes in the sale of plants,
flowers, shrubs, and trees, together with the sale of garden tools
and fertilizer.
The junction of two or more public streets. For the purposes
of this ordinance, a private driveway serving 20 or more dwelling
units shall be considered a street, as shall a curve with a tangent
angle between 45° and 135°.
A business which grows plants, flowers, shrubs, and trees
for sale.
A building in the C-4 (Shopping Center) Zone which has coordinated
access and parking with the main (greater than 50,000 square feet)
building in the zone. A satellite structure cannot exist independently
from a main structure of less than 50,000 square feet.
[Ord. of 6-25-1984]
(a)
Description and purpose. The purpose of the I-1 Zones is to provide
land which is conveniently located with respect to transportation
and municipal services and where other conditions are favorable to
the development of industry and which at the same time is so located
as to prevent undesirable conflict with residential and business uses.
(b)
Uses permitted.
(1)
Processing, manufacture, or other industrial use which is not
injurious or noxious by reason of noise, smoke, vibration, gas, fumes,
odor, dust, fire or explosion hazard, and which meets the following
standards:
a.
Wastes discharged to a municipal sewer shall not contain significant
amounts of the following substances:
1.
Floating solids, such as wood, cloth, plastics, fibers, feathers
and similar material which could clog screens or pipes in the system.
2.
Oils, tars, greases and similar materials which are not readily
degradable.
3.
Toxic compounds, such as insecticides, pesticides, rodenticides,
poisons and herbicides.
4.
Sales in concentrations greater than 25,000 ppm.
5.
Phenols or phenolic compounds in concentrations greater than
0.5 ppm.
6.
Radioactive materials.
7.
Substances containing heavy metal ions.
8.
Substances with a pH greater than 9.0 or less than 5.5.
9.
Flammable materials.
10.
Foaming agents or foam-producing wastes.
11.
Liquids at temperatures higher than 160° F.
b.
Before discharge of any industrial or process waste to the municipal
system, the details as to the nature and quantity of such discharge
shall be submitted for review by the municipal regulating authority,
who shall have the right to permit or deny connection to the municipal
system, or to require such pretreatment or other modifications as
may be deemed appropriate.
c.
There shall not be discharged into the air, dirt, dust or fly
ash in excess of 0.3 grains per standard cubic foot of flue gas which
is not more than 50% excess air.
d.
There shall be submitted to the building inspector detailed
plans and specifications for any process which will not clearly meet
these standards before such process is put into operation.
(2)
Bulk oil and fuel tanks.
(3)
Warehouses, truck terminals and storage.
(4)
Wholesale business facilities.
(5)
Industrial or business research laboratory.
(6)
Municipal use.
(7)
Public utilities, communication and transportation facilities.
(8)
Residential uses only when clearly incidental or accessory to
a lawful industrial use.
(9)
Retail and other businesses customarily serving or consistent
with industrial uses.
(11)
Automotive or other maintenance shop which shall be compatible
with primary industrial use, provided that junk autos or machinery
are not stored on the premises.
(c)
(d)
Site plan review. Any use allowed in an I-1 Zone involving new construction and conversion of existing in excess of 1,500 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.
[Ord. of 6-24-1985; amended 3-7-2005; 9-16-2010]
(a)
Description and purpose. The purpose of the I-2 Zone is to provide
land which is conveniently located to transportation facilities for
business activities which require extensive land area but do not require
close proximity to residential areas of the community and to promote
such land use in the community while at the same time locating such
activity as to prevent undesirable conflict with residential areas.
(b)
Uses permitted:
(1)
Processing, manufacture, or other industrial use consistent with standards of Subsection 111.9(b)(1).
(2)
Bulk oil and fuel tanks.
(3)
Warehouses, truck terminals, storage and distribution centers.
(4)
Wholesale business facilities.
(5)
Industrial, governmental or business research or testing facilities.
(6)
Municipal use.
(7)
Public utilities, communication and transportation facilities.
(8)
Residential uses only when clearly incidental or accessory to
a lawful uses in this zone.
(9)
Retail and other businesses customarily serving or consistent
with permitted uses.
(11)
Airport.
(12)
Airport-related facilities and aviation-related business.
(13)
Construction companies or associated business.
(c)
Special exceptions permitted by approval of the Planning Board:
(1)
Primary and secondary processing of raw materials, upon findings
that said activity creates no unusual noise nor adds air or water
pollutants to the area.
(2)
Gasoline service stations, provided that such use will not create
a traffic hazard in the area, and provided that ingress and egress
points are at least 100 feet apart and no less than 100 feet from
other public or private streets or ways providing access to the abutting
street.
(3)
Automotive storage and repair, provided that junked autos or
machinery is not stored in the open and that, where such uses abut
other zones, provision is made for screening them from view by planting
or fencing.
(d)
Area, yard, height and lot coverage requirements.
(1)
Minimum lot size: one acre.
(2)
Minimum frontage: 100 feet.
(4)
Maximum height of buildings: 45 feet. Structures in existence
prior to March 1, 2005, and located on parcels that were formerly
zoned I-1 as of March 1, 2005, may be expanded to a height of 60 feet.
All structures must be consistent with the height requirements of
the Airport Master Plan or FAA Regulations.
(5)
Maximum lot coverage: 40%.
(a)
Description and purpose. The purpose of the Resource Protection Zone
is to control the use of the most vulnerable shoreland areas and other
areas in which uses would adversely affect water quality, productive
habitat, biological systems or scenic and natural values. This zone
includes areas such as wetlands, floodplains and excessively steep
slopes and some areas adjacent thereto, all of which are generally
unsuitable for intensive development.
(b)
Uses permitted.
(1)
Nonintensive recreational uses not requiring structures, such
as hunting, fishing and hiking.
(2)
Motorized vehicular traffic on roads and trails, and snowmobiling.
(3)
Forest management activities, except for timber harvesting.
(4)
Fire prevention activities.
(5)
Wildlife management practices.
(6)
Soil and water conservation practices.
(8)
Surveying and resource analysts.
(9)
Emergency operations as defined.
(10)
Harvesting of wild crops.
(11)
Essential services accessory to permitted uses.
(c)
Uses permitted with restrictions. The following uses may be allowed
by permit from the building inspector when said inspector finds that
such uses are in conformance with the provisions of this ordinance:
(2)
Structures accessory to permitted uses.
(3)
Temporary piers, docks, wharves, breakwaters, causeways, marinas,
bridges over 20 feet in length, and uses projecting into water bodies.
(4)
Clearing for approved construction.
(5)
Filling or other earth-moving activity of less than 10 cubic
yards.
(6)
Uses similar to permitted uses and uses similar to those requiring
a building inspector's permit.
(d)
Special exceptions permitted:
(3)
Small nonresidential facilities for educational, scientific
or nature interpretation purposes.
(4)
Public and private parks and recreational areas involving minimal
structural development.
(5)
Permanent piers, docks, wharves, breakwaters, causeways, marinas,
bridges over 20 feet in length and uses projecting into water bodies.
(6)
Public utilities, including sewage collection and treatment
facilities.
(7)
Filling or other earth-moving activity of more than 10 cubic
yards.
(8)
Uses similar to uses allowed as special exceptions.
(e)
Area, yard, height and lot coverage requirements. No requirements.
