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.
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]
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)
(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.
(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]
[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]
[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.
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.
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].
(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.
(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]
[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]
[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:
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.
[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.
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.
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.
(c)
Minimum street frontage: sixty-five (65) feet.
[Amended 1-16-2024 by Order No. 23-517-01]
(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.
[Amended 9-20-2022 by Order No. 22-440-01]
(e)
Minimum side and rear setbacks: ten (10) 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 other
than the construction of a new single-family home on an existing lot
shall be connected to the public sewerage system operated by the Sewerage
District. Any change in use and/or expansion of an existing building
or expansion or change in use of a parcel of land which increases
the design sewage flow as determined by the Maine State Plumbing Code
by more than twenty-five percent (25%) shall be permitted only if
the use is connected 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:
[Amended 1-16-2024 by Order No. 23-517-01]
[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:
(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.
[Added 1-16-2024 by Order No. 23-517-01]
(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:
[Added 1-16-2024 by Order No. 23-517-01]
[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:
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:
[Amended 11-23-2021 by Order No. 21-494-01; 1-16-2024 by Order No.
23-517-01]
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.
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.
(1)
All land and non-residential structures, except for single-family and two (2) family dwellings, and their accessory structures, shall be erected, structurally altered, enlarged, moved and used in accordance with the provisions of Article XVI.
(2)
Front setback (principal buildings):
[Amended 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)
Where 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
(b)
Where a uniform setback relationship does not exist, or abutting
lots are not residentially developed, the maximum front yard setback
shall be twenty (20) feet.
(c)
Notwithstanding § 280-11-6F(2)(b), an attached, unenclosed porch may be added to a legally existing nonconforming principal and accessory structures that does not meet the setback requirement of this section if such addition or expansion:
(3)
Reuse of existing residential structures.
[Amended 12-3-2019 by Order No. 19-168-01]
(a)
Any residential dwelling unit created under this provision complies
with the following minimum floor area requirements based on the type
of unit:
[1]
One (1)-bedroom unit: not less than five-hundred-thirty-five
(535) square feet.
[2]
Two (2)-bedroom unit: not less than seven-hundred-twenty
(720) square feet.
[3]
Three (3)-bedroom unit: not less than nine-hundred-twenty
(920) square feet.
[4]
Four (4)-or more bedroom unit: not less than one-thousand-one-hundred-twenty
(1,120) square feet.
(4)
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, or exterior modification of an existing structure or site in the Sanford Downtown or Springvale Village Design District Overlay Zones, except for a single family home or demolition of an existing structure, 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.
[Amended 10-2-2018 by Order No. 18-426-01]
(5)
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 the following:
(a)
Off-street parking. Any 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.
(b)
Lighting. Illumination from exterior lighting shall be shielded, directed downward, and contained on the property, except as otherwise provided for in §§ 280-15-11B and 280-15-11H(8)(b), Design District standards.
(c)
Building design.
[1]
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.
[2]
Use of the front yard. In addition to the provision in § 280-11-6F(5)(a) dealing with the location of nonresidential off-street parking, parking of motor vehicles for all other uses 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 only be allowed on driveways with a maximum width of twenty (20) feet. No other parking of vehicles shall be permitted in this area.[2]
[2]
Editor's Note: Subsection F(5)(c)[3], reduced side and rear
setbacks for accessory structures, which immediately followed, was
repealed 9-20-2022 by Order No. 22-440-01.
(6)
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:
(7)
Solid waste. Receptacles for solid waste may be in the form of dumpsters
or smaller bins, provided that:
[Added 5-21-2024 by Order No. 24-17-01[3]]
[3]
Editor's Note: This ordinance renumbered former Subsection
F(7) as Subsection F(8).
(8)
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.
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.
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)
(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.
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.
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.
(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.
Purpose. The purpose of the Airport Development Zone (AD) is to create
an area that includes the Airport, adjacent clear zones and adjacent
properties with potential for providing support services to the airport
and to promote the smooth and efficient functioning of 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 Airport Master 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 (2) 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; this area is commonly referred to
as the area within the fence or the area 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 shown on the Table of Land Uses as being permitted
shall be permitted by right in the AD Zone. [NOTE: Construction activities
related to another permitted with site plan review use are permitted
with site plan review.]
D.
Review authority. Notwithstanding the provisions of § 280-16-3, review authority for land use and development activities in the AD Zone shall be as follows:
(1)
Site plan review. The following land use and development activities in the AD Zone shall require site plan review and approval as a major development under Article XVI pursuant to §§ 280-11-9F(1) and 280-11-9F(2):
(a)
Any new construction;
(b)
Any expansion of an existing use of twenty-five percent (25%)
or more in gross floor area, parking, and/or impervious surface area;
(c)
Any change in a preexisting, nonconforming use; and
(d)
Any construction, expansion, renovation, alteration, rehabilitation,
division, or subdivision of any land, building or structure that has
not been previously reviewed and approved by the Planning Board.
(2)
Planning Director and Airport Manager review. The following land use and development activities in the AD Zone shall require review and approval by the Planning Director and the Airport Manager, or his or her designee, pursuant to §§ 280-11-9F(1) and 280-11-9F(2) and shall not require site plan review and approval under Article XVI:
(a)
A change in the ownership or management of a use previously
approved under this section;
(b)
The expansion of a use previously, approved under this section,
of less than twenty-five percent (25%) in gross floor area, parking,
and/or impervious surface area; and
(c)
Any building, structure or use considered accessory to a use
previously approved under this section.
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
|
Forty-thousand (40,000) square feet
|
|
Minimum street frontage
|
Not applicable1
|
Not applicable1
|
|
Minimum front setback
|
Not applicable
|
Fifteen (15) feet
|
|
Minimum side setback
|
Not applicable
|
Fifteen (15) feet
|
|
Minimum rear setback
|
Not applicable
|
Fifteen (15) feet
|
|
Maximum impervious surface2
|
One-hundred percent (100%)
|
Eighty percent (80%)
|
|
Maximum building height
|
Subject to FAA regulations
|
Sixty (60) feet
|
|
Floor area ratio
|
Not applicable
|
Four-point-eight (4.8)
|
|
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.
|
(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, Minimum Standards for Industrial Development at the Airport 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.
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 Airport Master Plan.
(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 the Maine Bureau of Aeronautics (MBA) and 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 the MBA or FAA.
C.
Airport Protection Overlay Zone.
(1)
The Airport Protection Overlay Zone consists of the area lying
within the limit of the conical surface as shown on Drawing Number
5 of the Airport Master Plan Update, 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)
(Reserved)
(c)
Construction standards which result in an outdoor-indoor noise
level reduction of at least twenty-five (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.
