City of Sanford, ME Article XI Zone Requirements

§ 280-11-1 General provisions.

All land use activities within the City shall conform to the use, development, and performance standards of the zone in which such use is located. Throughout this article reference is made to the Table of Land Uses[1] in which permitted uses, uses allowed with site plan review, and conditional uses are organized by categories of use, such as residential uses or institutional uses. These headings or categories shall carry no legal meaning, but rather serve only for organizational purposes.

[1] Editor's Note: The Table of Land Uses is included as an attachment to this chapter.

§ 280-11-2 Rural Residential Zone (RR).

A. Purpose. The purpose of the Rural Residential (RR) Zone is to provide areas in the City which promote high-quality rural residential environments in sections of the community which cannot be served by public water and sewerage systems, while maintaining the rural character of these areas.

B. Permitted uses.

(1) Uses shown on the Table of Land Uses as being permitted uses shall be permitted by right in the RR Zone.

(2) Those lots listed below are considered nonconforming lots of record at the time they were rezoned in 2006 from Residential Development and may be built upon, without the need for a variance, with a single-family detached dwelling, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership and that all provisions of the Residential Development Zone can be met.

[Amended 9-20-2022 by Order No. 22-440-01]

Lots Rezoned Residential Development to Rural Residential February 2006 Considered Preexisting Nonconforming
R8-3	G17-1	G17-3	R8-35B	G17-2
H17-3	R8-30	G17-4	H17-4	G17-8
G17-7	H17-5	R8-6A	G17-6	R8-28
R6-69C	R8-5B	R6-69	R8-5F	R6-69D
H18-11	R8-7	R8-5D	R11-55C	R11-90
R11-55B	R6-56	R8-72C	R8-72D	R8-8

C. Uses permitted with site plan review. Uses outlined in the Table of Land Uses as being permitted with site plan review in the RR Zone shall be allowed, but only upon the receipt of approval of a development plan in accordance with the provisions of Article XVI.

[Amended 12-3-2019 by Order No. 19-168-01; amended 9-20-2022 by Order No. 22-440-01]

D. Conditional uses. Uses shown on the Table of Land Uses as being conditional uses in the RR Zone shall be allowed only if a conditional use permit for that use is approved by the Planning Board in accordance with the provisions of Articles XIII and XVI.

E. Prohibited uses. Any use not listed as a permitted use, a use permitted with site plan review or a conditional use in the RR Zone shall be prohibited within the RR Zone.

F. Standards. All buildings and structures shall be erected, structurally altered, enlarged, or moved and all land within the RR Zone shall be used in accordance with the following standards.

(1) Space and bulk standards.

(a) Maximum net residential density: one (1) dwelling unit per two (2) net acres.

(b) Minimum lot size: see § 280-11-2F(2)(e).

(c) Minimum lot area per dwelling unit: see § 280-11-2F(2)(e).

(d) Minimum street frontage:

[1] Arterial or collector in designated resource conservation areas: three-hundred (300) feet.

[a] Route 11A from Hanson Ridge Road to Harry Howes Road.

[b] The Hanson Ridge Road.

[2] Arterial: two-hundred (250) feet.

[3] Collector: two-hundred-fifty (250) feet.

[4] Existing local street: two-hundred (200) feet.

[5] Proposed local street: one-hundred (100) feet.

(e) Minimum front setback (principal and accessory buildings).

[1] Arterial: seventy-five (75) feet.

[2] Collector: forty (40) feet.

[3] Existing local street: forty (40) feet.

[4] Proposed local street: twenty-five (25) feet.

(f) Minimum side and rear setbacks.

[1] Principal residential buildings: fifteen (15) feet.

[2] Combined side setbacks of residential buildings: forty (40) feet.

[3] Accessory buildings or structures: fifteen (15) feet, except when they directly abut a building used for agricultural purposes.

[4] Nonresidential buildings or structures: one (1) foot for each foot of height but not less than thirty (30) feet, excluding agricultural buildings.

(g) Minimum vegetated area, side and rear, nonresidential use: twenty (20) feet.

(h) Maximum height.

[1] Residential buildings and structures: thirty-five (35) feet.

[2] Nonresidential buildings and structures: fifty-five (55) feet.

[3] Transmitter towers and wind generators: none.

(2) Development standards. In addition to the space and bulk standards set forth in § 280-11-2F(1), the following standards shall apply as indicated:

(a) Subdivisions. The division of any lot of land containing ten (10) or more acres as of the date of adoption of this subsection shall:

[Amended 9-20-2022 by Order No. 22-440-01]

[1] Be a cluster subdivision meeting the requirements of § 280-15-4; or

[2] Conform to the following development standards:

[a] Access to all new lots shall be from an existing or proposed local street as defined in this chapter unless no other reasonable alternative is feasible as determined by the Planning Board.

[b] A forty (40)-foot area adjacent to any existing street or road shall be maintained as a vegetated buffer.

[c] Where tree lines or wooded areas exist along existing streets or roads, an effort shall be made to preserve these features and suitable provisions made to protect them through deed covenants or easements.

[d] The layout of lots and the placement of buildings on lots shall respect natural features, including wetlands, streams, and wildlife habitat, as well as existing site features, such as tree lines and stone walls. In approving plans for subdivisions, the Planning Board may require the identification of building envelopes within which all construction and development shall occur.

(b) Reuse of agricultural buildings. Agricultural buildings existing as of the date of adoption of this section may be reused for nonresidential purposes subject to the following limitations:

[1] There is no retail sale of goods not otherwise allowed in the zone.

[2] The nonresidential activity occurs completely within the agricultural building and there is no outside storage of materials, equipment, or products.

[3] The architectural character of the building is maintained.

[4] Exterior changes in the structure shall be limited to minor changes and/or additions needed to provide access or comply with code requirements.

(c) Outdoor storage of machinery, equipment, materials, or products. Any outdoor storage permitted in conjunction with an allowed nonresidential use shall be screened from view from any public street or road or adjacent lot in residential use by fencing or sight-impervious vegetation or a combination thereof. This requirement shall not apply to the normal use and storage of farm equipment in conjunction with an agricultural use.

(d) Child-care center or nursery school for more than thirteen (13) children. In addition to the requirements of conditional use, child-care center or nursery school for thirteen (13) or more children shall comply with the following standards:

[Amended 8-21-2018 by Order No. 18-348-01]

[1] Minimum lot size shall be eight (8) acres.

[2] The lot shall have four-hundred-fifty (450) feet of frontage on Route 109 or Route 4. When a lot fronts on either Route 109 or Route 4 and another road, access shall be from Route 109 or Route 4.

[Amended 9-20-2022 by Order No. 22-440-01]

[3] All building improvements associated with the proposed use shall meet the following minimum vegetated front, side, and rear setbacks.

[a] Front yard setback: one-hundred (100) feet.

[b] Side and rear yard setback: seventy-five (75) feet.

[4] The use shall serve a maximum of forty-nine (49) children. An existing facility shall only be allowed to expand the number of children if the property is located on an arterial, shall demonstrate that there are adequate provisions for water supply and sanitary wastewater disposal, and shall require conditional use approval.

[5] The use shall occur either within a single-family detached dwelling or a separate structure. When the proposed use will be located in a separate structure, the structure shall be used exclusively for the child-care center or nursery school.

(e) Individual lot sizes. The creation of any individual lot shall conform to the maximum net residential density provision of one (1) dwelling unit per two (2) net acres. Individual lots may be as small as forty-thousand (40,000) square feet provided that the cumulative net residential density of all lots created from the original lot conforms to the density standard. If a lot with a lot area of less than two (2) net acres or less than two (2) net acres per proposed dwelling unit is proposed to be created, the owner shall provide the Code Enforcement Officer with written evidence that the lot will be in conformance with the maximum net residential density requirement of one (1) dwelling unit per two (2) net acres. This evidence may include, but is not limited to, the following:

[Amended 9-20-2022 by Order No. 22-440-01]

[1] Evidence that the lot is part of an approved subdivision that conforms to the maximum density requirement.

[2] Evidence that the proposed lots, in conjunction with other lots created from the same lot, conforms to the maximum density requirement.

[3] Evidence that, in addition to the proposed lots, a conservation area on the same lot, adequate to allow the combination of the lots and conservation area to conform to the maximum density requirement, has been permanently restricted from development through a conservation or similar easement.

(3) Performance standards. Uses within the RR Zone shall conform to all applicable performance standards, including but not limited to the following.

(a) § 280-15-1: Groundwater protection standards.

(b) § 280-15-2: Watershed performance standards.

(c) § 280-15-4: Residential cluster development standards.

(d) § 280-15-5: Manufactured housing.

(e) § 280-15-6: Mineral extraction standards.

(f) § 280-15-7: Archaeological and historic resources.

(g) § 280-15-10: Marijuana standards.

[Amended 5-5-2020 by Order No. 19-874-01]

G. Overlay districts.

(1) Areas within the RR Zone are located within the Shoreland Overlay Zone as defined by Chapter 270: Shoreland Zoning. All use of land within the Shoreland Overlay Zone shall comply with the standards and requirements of Chapter 270.

(2) Areas within the RR Zone may be located within the Airport Protection Overlay Zone as defined in § 280-11-10. The provisions of that section shall apply to all use of land within the Airport Protection Overlay Zone.

H. Flood management. Areas of the RR Zone which are located within flood hazard areas as defined by Chapter 265: Floodplain Management shall additionally comply with the terms of that chapter.

§ 280-11-3 Rural Mixed Use Zone (RMU).

A. Purpose. The purpose of the Rural Mixed Use (RMU) Zone is to provide areas in the City which foster a working rural environment, including a mix of residential and traditional rural uses, while maintaining the rural character of these areas.

B. Permitted uses. Uses shown on the Table of Land Uses[1] as being permitted uses shall be permitted by right in the RMU Zone.

[1] Editor's Note: The Table of Land Uses is included as an attachment to this chapter.

C. Uses permitted with site plan review. Uses shown on the Table of Land Uses as being permitted with site plan review in the RMU Zone shall be allowed, but only upon the receipt of approval of a development plan in accordance with the provisions of Article XVI.

D. Conditional uses. Uses shown on the Table of Land Uses as being conditional uses in the RMU Zone shall be allowed only if a conditional use permit for that use is approved by the Planning Board in accordance with the provisions of Articles XIII and XVI.

E. Prohibited uses. Any use not listed as a permitted use, a use permitted with site plan review, or a conditional use in the RMU Zone shall be prohibited within the RMU Zone.

F. Standards. All buildings and structures shall be erected, structurally altered, enlarged, or moved and all land within the RMU Zone shall be used in accordance with the following standards.

(1) Space and bulk standards.

(a) Maximum net residential density: one (1) dwelling unit per two (2) net acres.

(b) Minimum lot size: See § 280-11-3F(2)(a)[2][e].

(c) Minimum lot area per dwelling unit: See § 280-11-3F(2)(a)[2][e].

(d) Minimum street frontage.

[1] Arterial: two-hundred-fifty (250) feet.

[2] Collector: two-hundred-fifty (250) feet.

[3] Existing local street: two-hundred (200) feet.

[4] Proposed local street: one-hundred (100) feet.

(e) Minimum front setback (principal and accessory buildings).

[1] Arterial: seventy-five (75) feet.

[2] Collector: forty (40) feet.

[3] Existing local street: forty (40) feet.

[4] Proposed local street: twenty-five (25) feet.

(f) Minimum side and rear setbacks.

[1] Principal residential buildings: fifteen (15) feet.

[2] Combined side setbacks of residential buildings: forty (40) feet.

[3] Accessory buildings or structures: fifteen (15) feet, except when they directly abut an agricultural building.

[4] Nonresidential buildings or structures: one (1) foot for each foot of height but not less than thirty (30) feet, excluding agricultural buildings.

(g) Minimum vegetated area, side and rear, nonresidential use: twenty (20) feet.

(h) Maximum height.

[1] Residential buildings and structures: thirty-five (35) feet.

[2] Nonresidential buildings and structures: fifty (55) feet.

[3] Wind generators: none.

(2) Development standards. In addition to the space and bulk standards set forth in § 280-11-3F(1), the following standards shall apply as indicated:

(a) Subdivisions. The division of any lot of land containing ten (10) or more acres as of the date of adoption of this subsection shall:

[Amended 9-20-2022 by Order No. 22-440-01]

[1] Be a cluster subdivision meeting the requirements of § 280-15-4; or

[2] Conform to the following development standards:

[a] Access to all new lots shall be from an existing or proposed local street as defined in this chapter unless no other reasonable alternative is feasible as determined by the Planning Board.

[b] A forty (40)-foot area adjacent to any existing street or road shall be maintained as a vegetated buffer.

[c] Where tree lines or wooded areas exist along existing streets or roads, an effort shall be made to preserve these features and suitable provisions made to protect them through deed covenants or easements.

[d] The layout of lots and the placement of buildings on lots shall respect natural features, including wetlands, streams, and wildlife habitat, as well as existing site features, such as tree lines and stone walls. In approving plans for subdivisions, the Planning Board may require the identification of building envelopes within which all construction and development shall occur.

[e] Individual lot sizes. The creation of any individual lot shall conform to the maximum net residential density provision of one (1) dwelling unit per two (2) net acres. Individual lots may be as small as forty-thousand (40,000) square feet provided that the cumulative net residential density of all lots created from the original lot conforms to the density standard. If a lot with a lot area of less than two (2) net acres or less than two (2) net acres per proposed dwelling unit is proposed to be created, the owner shall provide the Code Enforcement Officer with written evidence that the lot will be in conformance with the maximum net residential density requirement of one (1) dwelling unit per two (2) net acres. This evidence may include, but is not limited to, the following:

[i] Evidence that the lot is part of an approved subdivision that conforms to the maximum density requirement.

[ii] Evidence that the proposed lots, in conjunction with other lots created from the same lot, conforms to the maximum density requirement.

[iii] Evidence that, in addition to the proposed lots, a conservation area on the same lot, adequate to allow the combination of the lots and conservation area to conform to the maximum density requirement, has been permanently restricted from development through a conservation or similar easement.

(b) Reuse of agricultural buildings. Agricultural buildings existing as of the date of adoption of this section may be reused for nonresidential purposes subject to the following limitations:

[1] There is no retail sale of goods not otherwise allowed in the zone.

[2] The nonresidential activity occurs completely within the agricultural building and there is no outside storage of materials, equipment, or products.

[3] The architectural character of the building is maintained.

[4] Exterior changes in the structure shall be limited to minor changes and/or additions needed to provide access or comply with code requirements.

(c) Outdoor storage of machinery, equipment, materials, or products. Any outdoor storage permitted in conjunction with an allowed nonresidential use shall be screened from view from any public street or road or adjacent lot in residential use by fencing or sight-impervious vegetation or a combination thereof. This requirement shall not apply to the normal use and storage of farm equipment in conjunction with an agricultural use.

(d) Access limitations to Route 4. In addition to the general access limitations set forth in §§ 280-14-4 and 280-14-5, any nonresidential use, located on a lot with frontage on Route 4 shall either:

[Amended 1-21-2020 by Order No. 19-580-01; 4-7-2020 by Order No. 19-772-01; 5-5-2020 by Order No. 19-874-01]

[1] Obtain its vehicular access from an existing or proposed local street, or

[2] Provide for the coordination of vehicular access with abutting properties where feasible through the use of shared or combined access drives, the creation of marginal access roads, or the interconnection of parking and service areas. The Planning Board or the Site Plan Review Committee may waive this requirement during site plan review under Article XVI if access is not feasible because of existing conditions, the layout of lots, or physical conditions of the site or adjoining lots.

(e) Residential buffer. Any commercial or industrial use, as identified in the Table of Land Uses, that abuts a lot located in a Residential Development Zone shall maintain a fifty (50)-foot buffer strip along the adjoining lot line. This buffer strip shall be maintained as a vegetated area and shall not be used for parking, storage, display of materials, placement of dumpsters, or similar items. A visual barrier shall be established within the buffer strip by landscaping and/or fencing.

[Amended 1-16-2024 by Order No. 23-518-01]

(f) Child-care center or nursery school for more than thirteen (13) children. In addition to the requirements of conditional use, a child-care center or nursery school for thirteen (13) or more children shall comply with the following standards:

[Amended 8-21-2018 by Order No. 18-348-01]

[1] Minimum lot size shall be eight (8) acres.

[2] The lot shall have four-hundred-fifty (450) feet of frontage on an arterial or collector road. When a lot fronts on both an arterial and/or collector road, access shall be from the collector road unless otherwise approved by the Planning Board.

[Amended 8-20-2019 by Order No. 19-397-01; 9-20-2022 by Order No. 22-440-01]

[3] All building improvements associated with the proposed use shall meet the following minimum vegetated front, side, and rear setbacks.

[a] Front yard setback: one-hundred (100) feet.

[b] Side and rear yard setback: seventy-five (75) feet.

[4] The use shall serve a maximum of forty-nine (49) children. An existing facility shall only be allowed to expand the number of children if the property is located on an arterial, shall demonstrate that there are adequate provisions for water supply and sanitary wastewater disposal, and shall require conditional use approval.

[5] The use shall occur either within a single-family detached dwelling or a separate structure. When the proposed use will be located in a separate structure, the structure shall be used exclusively for the child-care center or nursery school.

(3) Performance standards. Uses within the RMU Zone shall conform to all applicable performance standards of this chapter, including but not limited to the following:

(a) § 280-15-1: Groundwater protection standards.

(b) § 280-15-2: Watershed performance standards.

(c) § 280-15-4: Residential cluster development standards.

(d) § 280-15-5: Manufactured housing.

(e) § 280-15-6: Mineral extraction standards.

(f) § 280-15-7: Archaeological and historic resources.

(g) § 280-15-10: marijuana standards.

[Amended 5-5-2020 by Order No. 19-874-01]

G. Overlay districts.

(1) Areas within the RMU Zone are located within the Shoreland Overlay Zone as defined by Chapter 270: Shoreland Zoning. All use of land within the Shoreland Overlay Zone shall comply with the standards and requirements of Chapter 270.

(2) Areas within the RMU Zone may be located within the Airport Protection Overlay Zone as defined in § 280-11-10. The provisions of that section shall apply to all use of land within the Airport Protection Overlay Zone.

H. Flood management. Areas of the RMU Zone which are located within flood hazard areas as defined by Chapter 365: Floodplain Management shall additionally comply with the terms of that chapter.

§ 280-11-4 (Reserved) [1]

[1] Editor's Note: Former § 280-11-4, Single-Family Residential Zone (SFR), was repealed 1-16-2024 by Order No. 23-518-01, as amended.

§ 280-11-5 Residential Development Zone (RD).

[Amended 5-5-2020 by Order No. 19-874-01; 11-23-2021 by Order No. 21-494-01; 9-20-2022 by Order No. 22-440-01; 1-16-2024 by Order No. 23-517-01; 2-4-2025 by Order No. 25-33-01]

A. Purpose. The purpose of the Residential Development (RD) Zone is to provide areas in the City for the extension of a compact pattern of residential development in areas where public sewer and water service can be extended.

B. Permitted uses. Uses shown on the Table of Land Uses[1] as being permitted uses shall be permitted by right in the RD Zone.

[1] Editor's Note: The Table of Land Uses is included as an attachment to this chapter.

C. Uses permitted with site plan review. Uses shown on the Table of Land Uses as being permitted with site plan review in the RD Zone shall be allowed, but only upon the receipt of approval of a development plan in accordance with the provisions of Article XVI.

D. Conditional uses. Uses shown on the Table of Land Uses as being conditional uses in the RD Zone shall be allowed only if a conditional use permit for that use is approved by the Planning Board in accordance with the provisions of Articles XIII and XVI.

E. Prohibited uses. Any use not listed as a permitted use, a use permitted with site plan review, or a conditional use in the RD Zone shall be prohibited within the RD Zone.

F. Standards. All buildings and structures shall be erected, structurally altered, enlarged, or moved and all land within the RD Zone shall be used in accordance with the following standards.

(1) Space and bulk standards.

(a) Maximum net residential density.

[1] Basic: six (6) dwelling units per net acre.

[2] With density bonus: ten (10) dwelling units per net acre.

(b) Minimum lot size.

[1] Seven-thousand-five-hundred (7,500) square feet.

[2] Within density bonus: six-thousand (6,000) square feet.

(c) Minimum street frontage: sixty-five (65) feet.

(d) Minimum front setback (principal and accessory buildings): twenty-five (25) feet. Where the existing buildings have a uniform setback relationship to the street, any new building shall maintain the existing relationship. The setback of an expansion and/or addition to an existing structure shall not vary from the existing setback by more than eight (8) feet, except when the expansion or addition brings the existing building into greater conformance with the uniform setback relationship for the lot.

(e) Minimum side and rear setbacks: ten (10) feet.

(f) Maximum height:

[1] Thirty-five (35) feet.

[2] With density bonus: fifty (50) feet.

(2) Development standards. In addition to the space and bulk standards set forth in § 280-11-5F(1), the following standards shall apply as indicated:

(a) Connection to public sewerage system. Any new development or change of use shall be connected to the public sewerage system operated by the Sewerage District, except that:

[1] For lots existing as of January 1, 2025, up to two new dwelling units shall be allowed without connecting to the public sewerage system. Each lot may be split in conformance with § 280-11-5F(1), so long as the total number of private sewer systems does not exceed two.

[2] Any change in use and/or expansion of an existing building or parcel of land which increases the design sewerage flow by less than 25%, as determined by the Maine State Plumbing Code, shall not be required to connect to the public sewerage system.

(b) Density bonus. Space and bulk requirements may be altered with review by the Planning Board to allow for increased density in conformance with the following standards:

[1] The maximum net residential density shall be increased to ten (10) dwelling units per net acre.

[2] The minimum lot size may be decreased to six thousand (6,000) square feet.

[3] The maximum building height may be increased to 50 feet for residential structures having two (2) or more dwelling units within the primary structure.

[4] In review of proposed space and bulk standards stated in § 280-11-5F(2)(b), the Planning Board shall consider the following standards.

[a] The overall layout of the streets, lots, and buildings creates a neighborhood which has an urban character with a pedestrian orientation.

[b] The buildings are oriented to the streets in an urban fashion with buildings fronting on the streets.

[c] Parking and service areas are located to the side and rear of the buildings.

[d] The layout provides for varying lot frontages and side setbacks.

[e] Provisions are made for sidewalks or other pedestrian ways linking the neighborhood.

[f] The proposed development will be connected to the public water system operated by the Sanford Water District and the public sewerage system operated by the Sanford Sewerage District.

[g] The proposed development is compatible in building scale and mass with the neighboring buildings fronting on the same street. This includes the setback and orientation of the building to the street, the relative proportion of the height and width of the building as seen from the street, and the nature of any proposed parkland or recreational amenities; while still allowing for a variety of building forms and styles within a neighborhood.

(c) Accessory office and retail uses. Projects meeting the standards of § 280-11-5F(2)(b) may provide for low-intensity nonresidential use of not more than five percent (5%) of the total lot area of the project. These nonresidential uses shall be designed as part of the overall project and shall be limited to business and professional offices, business and personal services, and limited retail stores as defined in this chapter, subject to the granting of a conditional use permit by the Planning Board. These types of uses shall not otherwise be permitted within the zone.

(d) Commercial vehicle parking accessory to an allowed residential use. Overnight parking of not more than one (1) commercial vehicle shall be permitted in conjunction with an allowed residential use, provided that:

[1] The vehicle is parked on the same lot as the residential use;

[2] The vehicle is regularly driven by a resident of the premises; and

[3] The commercial vehicle is not over one (1) ton in size.

(e) Use of front yard. Parking of motor vehicles in the area between the front property line and the wall of the building or structure closest to the street and running the full width of the property shall be allowed only on driveways. No other parking of vehicles shall be permitted in this area.

(f) Reduced side and rear setbacks for accessory structures. The required side and rear setback for accessory buildings and structures may be reduced to not less than two (2) feet subject to the following:

[1] The relationship of the structure to the side and/or rear lot line shall conform to the established pattern on abutting residential lots;

[2] The accessory structure shall be located at least ten (10) feet from any other structure on the same or an abutting lot;

[3] The owners of the abutting lots adjacent to the encroachment approves of the reduced setback in writing; and

[4] The Fire Department approves of the reduced setback in writing.

(3) Performance standards. Uses within the RD Zone shall conform to all applicable performance standards of this chapter, including but not limited to the following:

(a) § 280-15-1: Groundwater protection standards.

(b) § 280-15-2: Watershed performance standards.

(c) § 280-15-4: Residential cluster development standards.

(d) § 280-15-5: Manufactured housing.

(e) § 280-15-7: Archaeological and historic resources.

(f) § 280-15-10: Marijuana standards.

G. Overlay districts. Areas within the RD Zone may be located within overlay districts and shall comply with the standards and requirements of those districts as specified, including but not limited to the following:

(1) The Shoreland Overlay Zone as defined by Chapter 270: Shoreland Zoning.

(2) The Airport Protection Overlay Zone or Airport Clear Zone as defined in § 280-11-10.

H. Flood management. Areas of the RD Zone which are located within flood hazard areas as defined by Chapter 265: Floodplain Management, shall additionally comply with the terms of that chapter.

§ 280-11-6 Urban Zone (U).

[Amended 10-2-2018 by Order No. 18-426-01; 3-5-2019, confirmed 7-9-2019 by Order No. 18-553-01; 12-3-2019 by Order No. 19-168-01; 5-5-2020 by Order No. 19-874-01; 9-20-2022 by Order No. 22-440-01; 3-5-2024 by Order No. 24-17-01; 5-21-2024 by Order No. 24-17-01]

A. Purpose. The purpose of the Urban (U) Zone is to provide areas for urban commercial centers within the built-up areas of the City which promote an urban rather than a suburban character of development. The development is characterized as vertical mixed use which emphasizes mixed uses in a structure, typically having two (2) or more stories, with a streetscape that encourages reduced traffic speeds and increased walkability.

B. Permitted uses. Uses, shown on the Table of Land Uses[1] as being permitted uses shall be permitted by right in the U Zone.

[1] Editor's Note: The Table of Land Uses is included as an attachment to this chapter.

C. Uses permitted with site plan review. Uses shown on the Table of Land Uses as being permitted with site plan review in the U Zone shall be allowed, but only upon the receipt of approval of a development plan in accordance with the guidelines and provisions of Article XVI.

D. Conditional uses. Uses shown on the Table of Land Uses as being conditional uses in the U Zone shall be allowed only if a conditional use permit for that use is approved by the Planning Board in accordance with the provisions of Articles XIII and XVI.

E. Prohibited uses. Any use not listed as a permitted use, a use permitted with site plan review, or a conditional use in the U Zone shall be prohibited.

F. Standards. All buildings and structures shall be erected, structurally altered, enlarged, or moved and all land within the Urban Zone shall be used in accordance with the following standards.

(1) Space and bulk standards.

(a) Front setback (principal buildings):

[1] The maximum front yard setback shall be twenty (20) feet.

[2] An applicant may request a waiver for § 280-11-6F(1)(a)[1] if one of the following conditions is met:

[a] Multiple principal buildings are proposed on one parcel and at least one structure meets the required setback;

[b] The use is residential and no other viable option for setback exists due to topography or other lot constraints;

[c] The increase setback is utilized for the inclusion of public space in the form of a plaza, seating area, landscaped pathway, or other similar amenity. Privatized areas and areas otherwise blocked from public use may be allowed with review and approval of the Planning Board; or

[d] The applicant requests a setback which maintains the uniform setback relationship of existing buildings to the street, as calculated by the Code Enforcement Officer.

(b) Front setback (accessory structures):

[1] With approval from the Code Enforcement Officer, shall be located no closer to the front property line than the principal structure.

[2] With approval from the Site Plan Review Committee, shall be allowed closer to the front property line than the principal structure.

(2) Development standards. In addition to the space and bulk standards set forth in § 280-11-6F(1), the following standards shall apply as indicated:

(a) For the construction of new single-family or two-family units the Code Enforcement Officer shall review and approve the application subject to any and all applicable state or local construction and/or fire codes, and § 280-11-6F.

(b) Parking.

[1] Minimum number of spaces required. The required number of off-street parking spaces is determined by the use as shown in § 280-14-12B(4) and may be reduced for the reuse of an existing building or with evidence of parking demand data in conformance with § 280-14-12B(4)(a).

[2] Location. Off-street parking shall be located to the side or rear of the building, unless stipulated by the following:

[a] For residential uses, parking shall be allowed in the area between the front property line and the wall of the building or structure closest to the street on driveways with a maximum width of twenty (20) feet. No other parking of vehicles shall be permitted in this area.

[b] The required parking spaces for uses in the Urban Zone may be located off-site in conformance with § 280-14-12B(1).

[c] The required parking spaces for uses in the Urban Zone may be accommodated by a shared parking agreement in conformance with § 280-14-12B(1)(b).

[3] Commercial vehicle parking accessory to an allowed residential use. Overnight parking of not more than one (1) commercial vehicle shall be permitted in conjunction with an allowed residential use, provided that:

[a] The vehicle is parked on the same lot as the residential use;

[b] The vehicle is regularly driven by a resident of the premises; and

[c] The commercial vehicle is not over one (1) ton in size.

(c) Access.

[1] Private ways, The Planning Board may allow up to ten (10) residential units on a private way in the Urban Zone in conformance with § 280-16-7T(h).

[2] Street connections. Notwithstanding § 275-51C(2), for internal subdivisions and the development of multifamily residential buildings, frontage on any public or private road shall be considered a street connection if:

[a] Emergency personnel can reasonably access the building; and,

[b] Residents can reasonably evacuate the building.

(d) Design standards. Any proposal involving the change of use of an existing building, expansion of the gross floor area of an existing building, construction of a new building or structure, exterior modification of an existing structure or site, or demolition of an existing structure in the Sanford Downtown or Springvale Village Design District Overlay Zones, except for a single family home shall conform to the design standards of § 280-15-11 and solicit review and comment by the Design Review Committee in conformance with §§ 280-16-4C and 280-16-5D prior to final review by the Planning Board, Site Plan Review Committee, Planning Director, and/or Code Enforcement Officer.

(e) Lighting. Illumination from exterior lighting shall be shielded, directed downward, and contained on the property, except as otherwise provided for in § 280-15-11 Design District standards.

(f) Building design. The architectural design of any new buildings shall be compatible with the architectural style of neighboring buildings fronting on the same street. In determining the compatibility of any new building with the Design District Standards, the Code Enforcement Officer, Planning Director, Planning Board or Site Plan Review Committee shall consider the recommendations of the Design Review Committee on the scale and massing of the structure, the setback and orientation of the building to the street, the relative proportion of the height and width of the building as seen from the street, the overall height of the building, the roof style and pitch, the location and sizes of windows, and the exterior surface materials.

(g) Solid waste. Receptacles for solid waste may be in the form of dumpsters or smaller bins, provided that:

[1] All solid waste receptacles shall adhere to the regulations stated in § 220-26, Dumpster requirements. For the use of smaller bins, the storage area must follow all requirements.

[2] The minimum front setback shall be twenty (20) feet for all solid waste receptacles. The required setback may be reduced if site constraints prohibit the full twenty (20) feet with approval from the reviewing body as authorized under § 280-16-5.

(3) Performance standards. Uses within the U Zone shall conform to all applicable performance standards of this chapter, including but not limited to the following:

(a) § 280-15-1: Groundwater protection standards.

(b) § 280-15-2: Watershed performance standards.

(c) § 280-15-3: Industrial performance standards.

(d) § 280-15-7: Archaeological and historic resources.

(e) § 280-15-10: Marijuana standards.

G. Overlay districts. Areas within the U Zone may be located within the Shoreland Overlay Zone as defined by Chapter 270: Shoreland Zoning. All use of land within the Shoreland Overlay Zone shall comply with the standards and requirements of Chapter 270.

H. Flood management. Areas of the U Zone which are located within flood hazard areas as defined by Chapter 265: Floodplain Management, shall additionally comply with the terms of that chapter.

§ 280-11-7 Industrial Business Zone (IB).

A. Purpose. The purpose of the Industrial Business (IB) Zone is to provide areas for traditional industrial and business park development in a well-planned environment where public water supply and sewerage are available or can be provided.

B. Permitted uses. Uses shown on the Table of Land Uses[1] as being permitted uses shall be permitted by right in the IB Zone.

[1] Editor's Note: The Table of Land Uses is included as an attachment to this chapter.

C. Uses permitted with site plan review. Uses shown on the Table of Land Uses as being allowed with site plan review in the IB Zone shall be allowed, but only upon the receipt of approval of a development plan in accordance with the provisions of Article XVI.

D. Conditional uses. Uses shown on the Table of Land Uses as being conditional uses in the IB Zone shall be allowed only if a conditional use permit for that use is approved by the Planning Board in accordance with the provisions of Articles XIII and XVI.

E. Prohibited uses. Any use not listed as a permitted use, a use permitted with site plan review, or a conditional use in the IB Zone shall be prohibited within the IB Zone.

F. Standards. All buildings and structures shall be erected, structurally altered, enlarged, or moved and all land within the IB Zone shall be used in accordance with the following standards.

(1) Space and bulk standards.

(a) Minimum lot size: forty-thousand (40,000) square feet.

(b) Minimum street frontage: two-hundred (200) feet.

(c) Front setback (principal and accessory buildings): fifty (50) feet.

(d) Minimum side and rear setbacks.

[1] Principal buildings: fifty (50) feet.

[2] Accessory buildings and structures: twenty (20) feet plus one (1) additional foot for each foot of building height in excess of thirty (30) feet except where residential buffer requirement applies.

(e) Maximum height.

[1] Principal buildings: fifty-five (55) feet.

[2] Accessory buildings and structures: as determined by the Planning Board.

(2) Development standards. In addition to the space and bulk standards set forth in § 280-11-7F(1), the following standards shall apply as indicated:

(a) Street line landscaped area. A strip of land not less than twenty-five (25) feet in width shall be maintained as a vegetated area adjacent to the front property line. This area shall be appropriately landscaped and maintained as a vegetated area. Where tree lines exist along existing streets or roads, an effort shall be made to preserve this feature and suitable provisions made to protect it through deed covenants or easements. This vegetated area shall not be used as parking, for the storage or display of materials, or for the location of dumpsters or similar items. Access drives or streets may cross this area, but drives or accessways providing internal circulation shall not be located within this area.

(b) Residential buffer. A fifty (50)-foot buffer strip shall be maintained along any lot line adjoining a lot located in a residential zone. This buffer strip shall be maintained as a vegetated area and shall not be used for parking, storage, or display of materials or the placement of dumpsters or similar items. A visual barrier shall be established within the buffer strip by landscaping and/or fencing.

(c) Access limitations to Routes 4 and 109. In addition to the general access limitations set forth in §§ 280-14-4 and 280-14-5, any nonresidential use located on a lot with frontage on Route 4 or 109 shall provide for the coordination of vehicular access with abutting properties where feasible through the use of shared or combined access drives, the creation of marginal access roads, or the interconnection of parking and service areas. The Planning Board or Site Plan Review Committee may waive this requirement during site plan review under Article XVI if access is not feasible because of existing conditions, the layout of lots, or physical conditions of the site or adjoining lots.

(d) Maximum height of accessory buildings and structures. In approving the height of accessory buildings and structures, the Planning Board shall not allow any encroachment above the imaginary surface of the Airport as specified in § 77.13 of Part 77 of the Federal Aviation Regulations unless the Planning Board finds that such encroachment will not have a detrimental impact on the instrument landing approach minimums currently in use or likely to be in use in the future.

(3) Performance standards. Uses within the IB Zone shall conform to all applicable performance standards of this chapter, including but not limited to the following:

(a) § 280-15-1: Groundwater protection standards.

(b) § 280-15-2: Watershed performance standards.

(c) § 280-15-3: Industrial performance standards.

(d) § 280-15-6: Mineral extraction standards.

(e) § 280-15-7: Archaeological and historic resources.

(f) § 280-15-10: Marijuana standards.

[Amended 5-5-2020 by Order No. 19-874-01]

G. Overlay districts.

(1) Areas within the IB Zone are located within the Shoreland Overlay Zone as defined by Chapter 270: Shoreland Zoning. All use of land within the Shoreland Overlay Zone shall comply with the standards and requirements of Chapter 270.

(2) Areas within the IB Zone are located within the Airport Protection Overlay Zone as defined in § 280-11-10. The provisions of that section shall apply to all use of land within the Airport Protection Overlay Zone.

(3) For areas within Tax Map R19, Lot 9A and 201-215 retail is allowed as a conditional use subject to Planning Board approval and the provisions of Articles XIII and XVI.

H. Flood management. Areas of the IB Zone which are located within flood hazard areas as defined by Chapter 265: Floodplain Management, shall additionally comply with the terms of that chapter.

§ 280-11-8 Industrial Reuse Zone (IR).

A. Purpose. The purpose of the Industrial Reuse (IR) Zone is to foster the continued use, reuse, and redevelopment of existing mill complexes and other under-utilized industrial areas where a mix of residential and nonresidential uses and/or nonresidential uses are encouraged in existing, large buildings that have potential for efficient reuse of existing land and buildings and dense, mixed use development which relies on shared infrastructure systems including but not limited to service alleys, parking lots, public transportation facilities, stormwater management, and driveways.

[Amended 11-24-2020 by Order No. 20-149-01]

B. Permitted uses. Uses shown on the Table of Land Uses [1]as being permitted uses shall be permitted by right in the IR Zone.

[1] Editor's Note: The Table of Land Uses is included as an attachment to this chapter.

C. Uses permitted with site plan review. Uses shown on the Table of Land Uses as being permitted with site plan review in the IR Zone shall be allowed, but only upon the receipt of approval of a development plan in accordance with the provisions of Article XVI.

D. Conditional uses. Uses shown on the Table of Land Uses as being conditional in the IR Zone shall be allowed only if a conditional use permit for that use is approved by the Planning Board in accordance with the provisions of Articles XIII and XVI.

E. Prohibited uses. Any use not listed as a permitted use, a use permitted with site plan review, or a conditional use in the IR Zone shall be prohibited.

F. Standards. All buildings and structures shall be erected, structurally altered, enlarged, or moved and all land within the IR Zone shall be used in accordance with the following standards.

(1) Space and bulk standards.

(a) Maximum net residential density: none.

(b) Minimum lot size: none.

(c) Minimum street frontage: fifty (50) feet.

(d) Front setback.

[1] Principal buildings. Where existing buildings have a uniform setback relationship to the street, any new building or alteration of an existing building shall maintain the existing relationship. Where a uniform setback relationship does not exist, or abutting lots are not developed, the front setback shall be a minimum of twenty (20) feet.

[2] Accessory buildings: twenty (20) feet.

(e) Minimum side and rear setbacks (principal and accessory buildings): ten (10) feet.

(f) Maximum height.

[1] Principal buildings: seventy-five (75) feet.

[2] Accessory buildings and structures: seventy-five (75) feet.

(2) Development standards. In addition to the space and bulk standards set forth in § 280-11-8F(1), the following standards shall apply as indicated:

(a) Design standards. For any proposal involving the change of use of an existing building, or the expansion of the gross floor area of an existing building, or the construction of a new building or structure, the Planning Board or Site Plan Review Committee shall find that it complies with the following standards:

[1] Off-street parking. New off-street parking shall be located to the side or rear of the principal building. No new off-street parking for a nonresidential use shall be located in the area between the front property line and the wall of the building or structure closest to the street and running the full width of the property.

[2] Lighting. Illumination from exterior lighting shall be shielded, directed downward, and contained on the property; except when otherwise allowed under § 250-15-11.

[Amended 11-24-2020 by Order No. 20-149-01]

[3] Residential buffer. Where feasible, a strip of land between ten (10) and twenty feet in width, as determined by the Planning Board, shall be maintained as a vegetated area along any lot line adjoining a lot located in a residential zone to create a visual barrier to minimize impacts on existing abutting residential uses. A visual barrier, which may be created by landscaping, berms, and/or fencing, shall be established within the required buffer strip.

[Amended 11-24-2020 by Order No. 20-149-01]

[4] Storage. There shall be no exterior storage or display of material or equipment in conjunction with a nonresidential use in any required setback area.

(b) Multifamily residential on the first floor of a mixed use structure.

[Added 11-24-2020 by Order No. 20-149-01[2]]

[1] Shall be allowed as a conditional use under Article XIII and the following conditions:

[a] A minimum of twelve (12) months effort to secure an allowed nonresidential tenant and/or buyer has been unsuccessful.

[b] Residential units that front on public streets shall not exceed fifty percent (50%) or one-hundred (100) linear feet of the building’s frontage on a public street, whichever is smaller. The Planning Board may increase the percent or linear feet up to twenty-five percent (25%) if the local economy is experiencing a prolonged economic downturn with documented inability to rent nonresidential space for eighteen (18) months or longer.

[c] Shall maximize the amount of space on the first floor dedicated to active uses that invite the public into the first floor of the structure.

[d] Shall not convert spaces which have unique features including, but not limited to, views of waterfalls and/or other water features from active uses that invite the public into the first floor of the structure.

[e] If direct access to the structure from a public street is obstructed by topographic conditions, the Planning Board may consider the compatibility of accommodations for American with Disabilities, or other features that provide direct access with the architectural and/or historic character of the structure and/or area. The Planning Board may take financial impacts of providing such accommodations for direct access into consideration in determining the significance of the obstruction.

[2] Minimum size of residential units. Any residential dwelling unit created in the IR Zone shall comply with the following minimum floor area requirements based on the type of unit:

[a] Studio/efficiency unit: not less than four-hundred-ten (410) square feet.

[b] One (1)-bedroom unit: not less than five-hundred-thirty-five (535) square feet.

[c] Two (2)-bedroom unit: not less than seven-hundred-twenty (720) square feet.

[d] Three (3)-bedroom unit: not less than nine-hundred-twenty (920) square feet.

[e] Four (4) or more bedroom unit: not less than one-thousand-one-hundred-twenty (1,120) square feet.

[2] Editor's Note: This order also redesignated former Subsection F(2)(c) as Subsection F(2)(b)[2].

(3) Performance standards. Uses within the IR Zone shall conform to all applicable performance standards of this chapter, including but not limited to the following:

(a) § 280-15-1: Groundwater protection standards.

(b) § 280-15-2: Watershed performance standards.

(c) § 280-15-3: Industrial performance standards.

(d) § 280-15-7: Archaeological and historic resources.

(e) § 280-15-10: Marijuana standards.

[Amended 5-5-2020 by Order No. 19-874-01; 11-24-2020 by Order No. 20-149-01]

G. Overlay districts. Areas within the IR Zone may be located within the Shoreland Overlay Zone as defined by Chapter 270: Shoreland Zoning. All use of land within the Shoreland Overlay Zone shall comply with the standards and requirements of Chapter 270.

H. Flood management. Areas of the IR Zone which are located within flood hazard areas as defined by Chapter 265: Floodplain Management, shall additionally comply with the terms of that chapter.

§ 280-11-9 Airport Development Zone (AD).

[Amended 5-5-2020 by Order No. 19-874-01; 4-1-2025 by Order No. 25-65-01]

A. Purpose. The purpose of the Airport Development Zone (AD) is to promote the smooth and efficient functioning of the Airport. This zone includes the Sanford Seacoast Regional Airport, adjacent clear zones, and nearby properties with potential for providing support services to the Airport. All land use and development in this zone shall comply with all applicable federal, state, and local laws, including, without limitation, Federal Aviation Administration (FAA) rules and regulations, Maine Department of Transportation rules and regulations, and Airport lease agreements. All land use and development within the AD Zone shall be compatible with the goals and objectives of the Comprehensive Plan, as may be amended from time to time, and the Ultimate Airport Layout Plan, as may be amended from time to time.

B. District boundaries. The AD Zone consists of the land shown on the Official Zoning Map of the City, as may be amended from time to time. The AD Zone is further divided into two subdistricts, the location and boundaries of which are described as follows:

(1) AD Airport Subdistrict. All of the land area owned by the City or private property owners that is used for Airport runways and Airport runway direct access activities with controlled access.

(2) AD Support Subdistrict. All of the land area located in the AD Zone but not in the AD Airport Subdistrict.

C. Permitted uses. Uses may be permitted, permitted with review, conditional use, or not permitted in the AD Zone, as established in the Table of Land Uses.[1] Construction activities related to permitted and/or approved uses may require an Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) and be subject to approval by the Sanford Airport Manager.

[1] Editor's Note: The Table of Land Uses is included as an attachment to this chapter.

D. Review authority and submission requirements. All development applications in the AD Zone shall adhere to the following requirements, pursuant to § 280-11-9F:

(1) AD Airport Subdistrict. Notwithstanding Article XVI, review authority for land use and development activities in the AD Airport Subdistrict shall be as follows:

(a) Planning Board approval. Following a recommendation of approval from the Site Plan Review Committee, a public hearing and approval from the Planning Board is required for the following projects within the AD Airport Subdistrict:

[1] Updates or Amendments to the Ultimate Airport Layout Plan (UALP);

[2] Updates or Amendments to the AD Airport Subdistrict boundary, or Exhibit A of the UALP, the Airport Official Property Map; and,

[3] Any project as requested by the Site Plan Review Committee, Airport Advisory Committee, or the Planning Director.

(b) Site Plan Review Committee approval. Review and approval from the Site Plan Review Committee is required for the following projects within the AD Airport Subdistrict:

[1] All projects as required by § 280-11-9 D(1)(a).

[2] Construction or expansion of a building or structure included in an approved UALP that involves more than 5,000 square feet of gross floor area change;

[3] Construction or reconstruction of roadways, taxiways, or helipads included in an approved UALP;

[4] Construction or reconstruction involving new underground utility connections or stormwater management installations;

[5] Any change in a preexisting, nonconforming use; and,

[6] Any project as directed by the Planning Board, Airport Advisory Committee, or the Planning Director.

(c) Planning Director authority. The Planning Director, or his or her designee, has the authority to review and approve, or elevate for review by the Site Plan Review Committee and/or the Planning Board, the following projects within the AD Airport Subdistrict:

[1] Construction or expansion of a building or structure included in an approved UALP that involves 5,000 square feet or less of change in gross floor area, parking, and/or impervious surfaces; and,

[2] Any building, structure, or use considered accessory to a use previously approved under this section.

(d) Submission requirements. All projects for review by the Site Plan Review Committee and/or the Planning Board shall adhere to the following submission requirements:

[1] Application elements. All application elements as listed in § 280-16-6G(1) (a), (b), and (c); and § 280-16-6G(2)(a), (b), (c), and (d). A signed Option to Lease or draft Lease Agreement between the applicant and the Airport shall sufficiently fullfill the requirements of § 280-16-6G(2)(a)[7] pertaining to right, title, or interest in the property.

[2] Abutter notices. Applicants shall provide an abutters list and mailing envelopes in conformance with § 280-4-1, except that the radius of measurement shall be 500 feet from the existing or proposed boundary of the sub lot or the area of proposed use, as determined by a lease agreement with the Airport submitted with the application.

[3] Performance Guarantee. Acknowledgement of, and agreement to comply with, Article XVII, notwithstanding § 280-17-1B, which shall be replaced with the requirement that the conditions and amount of the performance guarantee shall be determined by the designated review authority in § 280-11-9D with the advice of the City Engineer or Public Works Director.

[4] As-built plans. Signed agreement to supply as-built plans to the Planning Department and Airport Manager at the completion of construction which include but are not limited to buildings, pavement, stormwater management, and utilities, and any corresponding details. The Code Enforcement Officer may withhold occupancy permits until as-built plans have been supplied to and approved by the Airport Manager.

[5] Supplemental information. Any supplemental information as determined by the Planning Director, or his or her designee.

(2) AD Airport Support Subdistrict. All projects within the AD Airport Support Subdistrict shall comply with the requirements of Article XVI.

E. Prohibited uses. A use that is not designated as a use permitted is deemed to be a prohibited use in the AD Zone, except for accessory buildings, structures, and uses.

F. Standards. All buildings and structures shall be erected, structurally altered, enlarged, or moved and all land within the AD Zone shall be used in accordance with the following standards.

(1) Space and bulk standards.

Standard	AD Airport Subdistrict	AD Support Subdistrict
Minimum lot size	Not applicable	40,000 square feet
Minimum street frontage	Not applicable1	Not applicable1
Minimum front setback	Not applicable	15 feet
Minimum side setback	Not applicable	15 feet
Minimum rear setback	Not applicable	15 feet
Maximum impervious surface2	100%	80%
Maximum building height	Subject to FAA regulations	60 feet, subject to FAA regulations

Notes:
1	Notwithstanding §§ 280-14-3 and 280-14-4, there is no minimum street frontage in the AD Zone; provided, however, that each land use and development plan in this zone shall demonstrate to the applicable review authority that the development can provide safe and convenient access to the site relative to the site's location, use, and accessibility from other streets.
2	For purposes of this section, impervious surface is defined as any material that prevents absorption of stormwater into the ground including but not limited to buildings, pavement, and gravel parking areas.

(2) Development standards. In addition to the space and bulk standards set forth in § 280-11-9F(1) standards for land use and development within the AD Zone shall be in conformance with the minimum standards set forth in the Chapter 70: Airport as may be amended from time to time, including, without limitation, Hangar Construction Design Standards and Minimum Standards and Procedures for the Lease and/or Use of Property and Facilities for Aeronautical Activities. Copies of these documents are available for review in the Planning Department. In addition, land use and development within the AD Zone shall be in conformance with this chapter, including, without limitation, Article XVI, Article XV, and Article XVI, as applicable.

(3) Performance standards. Uses within the AD Zone shall conform to all applicable performance standards of this chapter and Article XV.

§ 280-11-10 Airport Approach Protection Overlay Zone and Airport Clear Zone.

[Amended 4-1-2025 by Order No. 25-65-01]

A. Purpose. The purpose of this section is to promote the compatibility of land uses in the vicinity of the Airport, to prevent interference with the safe and efficient operations of the Airport, and to protect the public at large.

B. Airport Clear Zone.

(1) Clear zone defined. The Airport "Clear Zone" consists of those areas identified as clear zones or the inner approach surfaces of Runway 7-25 or 14-32 as depicted in the Ultimate Airport Layout Plan (UALP).

(2) Clear zone standards. The following additional standards shall apply within the Airport Clear Zone:

(a) Objects shall be considered obstructions to air navigation and their construction or use shall be prohibited if they extend into any aviation easement within the Airport Clear Zone. The Code Enforcement Officer may waive this restriction upon receipt of written approval from MaineDOT Airports and Aviation and/or the Federal Aviation Administration (FAA). Forms for requesting an exemption may be obtained from the Code Enforcement Office.

(b) No structure or tree shall be erected, altered, or allowed to grow above the Airport referenced imaginary surface, unless found not objectionable by MaineDOT Airports and Aviation and/or FAA.

C. Airport Approach Protection Overlay Zone.

(1) The Airport Approach Protection Overlay Zone consists of the area lying within the limit of the conical surface as shown in the Ultimate Airport Layout Plan (UALP), as may be amended from time to time.

(a) No use shall be permitted which creates electrical interference with radio aids or communications, or results in glare in the eyes of pilots using the Airport, or impairs visibility in the vicinity of the Airport by the creation and discharge of smoke, steam, dust, or other obstructions to visibility, or endangers the landing, taking off, or maneuvering of aircraft.

(b) No structure or tree shall be erected, altered, or allowed to grow above the height of the imaginary surface of the Airport as specified in Section 77.13 of Part 77 of the Federal Aviation Regulations. The Code Enforcement Officer may waive this restriction upon receipt of written approval from MaineDOT Airports and Aviation and/or the Federal Aviation Administration (FAA). Forms for requesting an exemption may be obtained from the Code Enforcement Office.

(c) Construction standards which result in an outdoor-indoor noise level reduction of at least 25 decibels shall be encouraged.

D. Exemptions. The provisions of this section shall not apply to any building existing as of September 27, 1989, nor to any building for which a building permit was issued on or before September 27, 1989, nor to any lot in an approved subdivision. For the purposes of this section, an approved subdivision shall include any subdivision for which a sketch plan was accepted before September 27, 1989.