City of Sanford, ME Article XV Performance Standards

Note: Performance Standards apply to activities which do not require Site Plan, Subdivision, or Planning Board approval.

§ 280-15-1 Groundwater protection standards.

A. Applicability. The general provisions of this section apply to all land uses, including storage of hazardous materials, new construction, structural alteration, and substantial change in use, occurring in the City. Additional standards and requirements apply in areas delineated as Public Water Supply Protection Districts.

B. Delineation of the Public Water Supply Protection Districts.

(1) Public Water Supply Protection Districts shall be delineated on copies of the Assessor's maps and shall be titled "Public Water Supply Protection Districts Map: City of Sanford." This map shall be deemed an integral part of this chapter and shall be maintained on file in the Code Enforcement Office.

(2) The Public Water Supply Protection Districts shall operate as overlay districts. If there is any conflict between the provisions of the Public Water Supply Protection Districts and other sections of this chapter, the more restrictive provision shall apply.

(3) The Public Water Supply Protection Districts are comprised of areas in and around Water District well fields and in the Branch Brook Aquifer where aquifer recharge occurs. Regulatory standards apply to the following districts:

(a) District 1, as delineated on the Official Public Water Supply Protection Districts Map, consists of the New Dam Well, the Eagle Drive 1 Well, the Eagle Drive 2 Well, and the Branch Brook Aquifer.

(b) District 2, as delineated on the Official Public Water Supply Protection Districts Map, consists of the Old Mill Road Well, the Route 109 at Sam Allen Road Well, Bernier Road Well, and the Country Club No. 2 Well.

(c) District 3, as delineated on the Official Public Water Supply Protection Districts Map, consists of the Cobb 1 Well, the Cobb 2 Well, and the Main Well Field.

(4) Each area is further defined by two (2) distinct zones delineated by the hydraulic travel time to a wellhead. These zones designate different levels of wellhead protection:

(a) Zone A, as delineated on the Official Public Water Supply Protection Districts Map, consists of the area in which it would take a leachable material introduced into the groundwater two-hundred (200) days or less to reach a public water supply. The travel time boundary of this zone is based on the length of time viruses present in the wastewater can survive in the soil. Zone A is therefore an area regulated for sanitary purposes.

(b) Zone B, as delineated on the Official Public Water Supply Protection Districts Map, consists of the areas from which it would take a leachable material two-hundred (200) to two-thousand-five-hundred (2,500) days of travel time to reach a public water supply. This zone is regulated to reduce the risk of contamination of the groundwater supply from land use activities that pose a major threat.

(c) Hydraulic travel times are the most commonly used instruments for defining an area of groundwater protection. Zones A and B have been mapped accordingly around existing and proposed public water supply well fields and aquifers to protect the health and safety of the public as well as maintain the integrity of the groundwater resource.

(5) If any portion of a lot is located in Zone A and/or B, all of the land located in Zone A shall be governed by the regulations for Zone A, and all of the land located in Zone B shall be governed by the regulations for Zone B.

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

(6) The delineation of all districts and Zones A and B may be revised only by amendment to the Public Water Supply Protection Districts Map in accordance with the provisions of § 280-4-2.

(7) If there are questions as to the location of the district or zone boundaries, the location shall be determined in accordance with provisions of § 280-9-3.

C. General performance standards. All use of land, buildings, and structures in the City shall comply with the following standards:

(1) Sites at which hazardous materials are stored, used or generated shall be designed to prevent spills and discharges to the surface of the ground, groundwater, lakes, streams, rivers or wetlands.

(2) Areas and facilities for loading and unloading hazardous materials and polluting materials shall be designed and constructed to prevent discharge or runoff to groundwater.

(3) Facilities shall be designed so that all stored, spilled or leaked hazardous materials are contained on site.

(4) Secondary containment for aboveground areas where hazardous materials are stored or used shall be provided.

(5) Existing and new storage tanks shall meet all state and federal requirements.

(6) Outdoor storage of hazardous materials shall use product-tight containers which are protected from weather, leakage, accidental damage, and vandalism.

(7) Discharge of fluids from any motor vehicle shall not be permitted into or onto the ground.

(8) General purpose floor drains shall be approved by the Local Plumbing Inspector prior to installation. The Local Plumbing Inspector may consult with the Water District and/or Sewerage District prior to approving floor drains.

D. Additional performance standards in Public Water Supply Protection Districts. All uses of land, buildings, and structures in a designated Public Water Supply Protection District shall comply with the following standards in addition to those set forth in § 280-15-1C:

(1) The volume and quality of groundwater recharge shall be maintained at predevelopment levels.

(2) Stormwater management and containment facilities shall not increase the level of contaminants entering the groundwater.

(3) In areas which are not served by public sewer, no more than one (1) dwelling unit may be connected to a subsurface waste disposal system.

E. Prohibited uses.

(1) The following uses shall be prohibited within Zones A and B of Public Water Supply Protection Districts 1, 2 and 3:

(a) The disposal of solid waste, sludge, and ash.

(b) The discharge of commercial or industrial wastewater or wash water to an on-site sewage disposal system.

(c) Sand and gravel excavation within five (5) feet of the seasonal high-water table.

(d) The land application of sludge and the spray application of industrial wastewater or sewage.

(2) The following uses shall be prohibited within Zones A and B of District 2:

(a) The commercial use, storage, or manufacture of hazardous materials or wastes.

(b) The commercial use, storage, or manufacture of petroleum products.

(c) The bulk storage of leachable materials, including concrete, asphalt, tar, coal, and salt.

(d) The commercial storage and application of pesticides.

(3) The following uses shall be prohibited within Zone A of Districts 1, 2 and 3:

(a) On-site sewage disposal systems for any new use. Replacement septic systems for existing uses are permitted subject to review by the Water District. Notwithstanding this provision, the Local Plumbing Inspector may issue a permit for a septic system for a new single-family residential use if all of the following conditions are met:

[1] The lot existed at the time of adoption of this provision;

[2] The lot is located entirely within Zone A;

[3] There is no reasonable alternative for sewage disposal;

[4] The Water District has reviewed the proposed location of the system; and

[5] The location of the system maximizes the protection of the public water supply.

(b) Manure spreading between November 1 and April 1 and at any other time when the ground is frozen.

F. Water supply protection permit required. Any use of the land, construction or alteration of a building or structure, change in the occupancy of a building, or modification of existing industrial processing or storage facilities which increases the volume or changes the type of hazardous materials present on a site shall be permitted within the Public Water Supply Protection Districts only after the issuance of a water supply protection permit in accordance with § 280-15-1G.

G. Water supply protection permit procedures. The Code Enforcement Officer is authorized to review applications for and issue water supply protection permits for any activities covered by this section that do not trigger site plan review under this chapter. Prior to issuing a permit, the Code Enforcement Officer shall notify the abutters of the property and their right to review and provide written comments on the application. The Code Enforcement Officer shall not issue the permit until at least five (5) business days after the mailing of notices to the abutters. For activities requiring a water supply protection permit and/or site plan review, the water supply protection permit shall be considered as part of the site plan review process described in Article XVI.

H. Compliance with the requirements of § 275-42.

I. Review criteria. When reviewing an application, the Code Enforcement Officer, Site Plan Review Committee, or Planning Board shall approve the application only if it finds that the applicant has adhered to all performance standards contained in §§ 280-15-1C and 280-15-1D.

J. Notification requirement. Within sixty (60) days of the adoption of this section, the Planning Director shall notify the owners of all lots within a Public Water Supply Protection District of the adoption of these provisions and the importance of compliance with the requirements and shall provide them with a copy of the performance standards and other requirements.

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

§ 280-15-2 Watershed performance standards.

In addition to the other requirements of this chapter, any use of land or development activity within the Mousam River watershed or the Great Works River watershed that is subject to site plan review shall conform to the following standards:

A. The area of the site stripped of existing vegetation at any given time shall be minimized. Stripping of the site shall be phased where practical so that areas are revegetated and permanently stabilized before additional areas are stripped of existing vegetation.

B. Not more than thirty-five percent (35%) of the total vegetated area of a lot may be covered by impervious surfaces, including buildings, structures, and paved or gravel surfaces, unless the owner of the lot demonstrates that such development will be carried out in accordance with the Best Management Practices as set forth in "Stormwater Management for Maine: Best Management Practices," published by the Maine Department of Environmental Protection, as may be amended from time to time.

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

C. Any area of disturbed ground resulting from construction or similar activities shall be either temporarily or permanently stabilized by use of riprap, seed, mulch, or other ground cover within one (1) week from the time it was actively worked.

D. Vegetated buffer strips at least twenty-five (25) feet wide shall be maintained adjacent to waterways, drainage ditches, and swales. Waterways, ditches, and swales shall be revegetated prior to September 15.

E. Stormwater collection systems shall be designed to use overland flow into vegetated buffer strips whenever possible. When enclosed storm drainage systems are used, provisions for managing nutrient export shall be incorporated consistent with Best Management Practices.

F. Silt fencing and hay bale barriers in accordance with the York County Soil and Water Conservation District's erosion and sedimentation control standards shall be used during all phases of construction.

G. The Planning Board may require that projects classified as major developments under this chapter conduct an analysis of nutrient export levels and incorporate nutrient loading control devices such as sedimentation/retention ponds, infiltration systems, wet ponds, swales, or flow strips if necessary to reduce the level of nutrient export to acceptable levels. This analysis shall be carried out in accordance with "Phosphorous Control in Lake Watersheds: A Technical Guide for Evaluating New Developments," published by the Maine Department of Environmental Protection, as may be amended from time to time. If the phosphorous method requires removal of more than seventy-five percent (75%) of the increase in phosphorous load to meet the phosphorous export limit, the Planning Board may increase the limit to a level obtainable through on-site use of Best Management Practices as identified in the Stormwater Best Management Practices Manual.

H. If the project is classified as a major site plan and is in the watershed of a great pond, phosphorus impacts will be managed in compliance with the relevant requirements of §§ 275-47 and 275-60.

§ 280-15-3 Industrial performance standards.

All uses involving the manufacturing or processing of materials or products shall conform to the following standards:

A. Storage of derelict vehicles or equipment. No derelict vehicles or equipment shall be stored on the site unless they are enclosed within a secure area and screened from view from public streets and adjacent properties.

B. Vibration. Equipment and other activities shall not produce vibration measured at the lot line which is perceptible without instruments. In no case shall vibration at the lot line exceed three-one-thousandths (0.003) of one (1) inch.

C. Odors and air quality. No offensive, harmful, or noxious odors shall be emitted that create a public nuisance or hazard beyond the lot line of the lot, an adjoining unit, building, or property, documented by multiple complaints. All facilities shall have a properly designed and maintained ventilation and air filtration system which takes into consideration the square footage and number of elements in the industrial process. Smoke, debris, dust, fluids, and other substances shall be managed in compliance with Maine Department of Environmental Protection Regulations Chapter 110 Ambient Air Quality Standards. Filters shall be checked every six (6) months and shall be replaced as needed or based on the manufacturer's recommended schedule, whichever is more recent.

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

D. Electromagnetic interference. No electromagnetic interference shall be permitted that does not conform to state and federal standards.

E. Lights. No lights used in the industrial process or on the site of the industrial process shall produce pollution, glare, or brightness that would create a public nuisance or hazard. All lights shall be shielded and oriented such that they shall not extend beyond the property lines. All power sources, electrical fixtures, and electrical conveyances shall be installed, connected, and maintained in conformance with the City's building, electrical, fire, and other health, safety and technical codes, including but not limited to Chapters 90: Building and Building Regulation and 128: Fire Prevention.

F. Noise. Noise from an exhaust fan or other aspects of the operation shall not exceed the maximum permissible noise level established by the City in Chapter 178: Noise.

G. Carbon dioxide and/or other gases. If carbon dioxide and/or other gases are used in the industrial process, carbon dioxide alarms and/or alarms for other gases shall be provided and maintained in good operating condition.

H. Security. The facility shall be secured so as to render it inaccessible to any unauthorized persons during all hours. Security measures shall be reviewed and approved to manage nuisance activity, unauthorized entry into a facility, and/or thefts. The Planning Board may require that a Knox-Box^® of an approved type listed in accordance with UL 1037 shall be installed in an accessible location to provide access in the event of an emergency.

§ 280-15-4 Residential cluster development standards.

A. Purpose. The purpose of these provisions is to allow for contemporary concepts of housing development where variations of design may be allowed. The Planning Board may approve residential cluster developments as an alternative to conventional subdivisions. The Planning Board may approve subdivisions as residential cluster developments in which the size of individual lots is less than that normally required by this chapter, provided that a sufficient area of the total lot being developed is reserved as permanent open space.

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

B. Basic requirements for cluster developments.

(1) Cluster development shall meet all requirements for subdivision approval and shall be in conformance with a site plan for its overall development.

(2) Each lot or building shall be an element of an overall plan for site development. When the development consists of the creation of lots, the plan shall establish a building envelope for each lot that identifies the area within which the buildings will be located. When the development involves the construction of buildings on a single lot, the plan shall show the location of each building.

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

(3) The total residential density may be no greater in a cluster development than is normally permitted in the zone in which the development is proposed.

(4) Residential cluster developments in accordance with this section are allowed in all residential zones.

(5) Only those residential uses allowed in a zone are allowed in a residential cluster development. In addition, in the Rural Residential and Rural Mixed Use Zones newer mobile homes, as defined in this chapter, may be allowed on a slab-type foundation provided that the individual mobile home sites or lots are rented and not sold.

(6) A cluster development may have no fewer than five (5) dwelling units.

C. Dimensional requirements.

(1) Individual lot sizes may be less than that required in the zone in which the cluster development is located, provided that the amount of land by which the lot is reduced is reserved as open space. Within the Rural Residential and Rural Mixed Use Zones, individual lots may be as small as twenty-thousand (20,000) square feet, provided that the soils are adequate to support a lot of that size. In other zones, the area of individual lots may be reduced by up to fifty percent (50%).

(2) Other lot dimensional requirements may be reduced as follows:

(a) Lot frontage: fifty percent (50%) of that required in the zone.

(b) Side lot line setback: fifty percent (50%) of that required in the zone.

(c) Front lot line setback: ten (10) feet.

(d) Rear lot line setback: ten (10) feet.

(e) Lot depth: fifty percent (50%) of that required in the zone.

D. Open space.

(1) At least forty percent (40%) of the total area of the cluster development must be in open space, and not more than twenty percent (20%) of the required open space area may be wetland and/or slopes greater than fifteen percent (15%).

(2) The open space shall be dedicated to the recreational amenity and environmental enhancement of the development, shall protect natural resources, and shall be recorded as such. For the purpose of these provisions, open space means an area that is:

(a) Not encumbered in any way by a principal structure;

(b) Not devoted to use as a roadway, road right-of-way, parking lot, or sidewalk;

(c) Left in its natural or undisturbed state, if wooded, except for cutting of trails for walking or jogging, or, if not wooded at the time of development, is landscaped for ball fields, play fields, picnic areas, or similar activities;

(d) Capable of being used and enjoyed for the purpose of informal and unstructured recreation and relaxation; and

(e) Legally and practicably accessible to all residents of lots in the cluster development out of which the open space is taken.

(3) The common open space shall be controlled by one (1) or more of the following methods:

(a) Common ownership by the owners of units within the project;

(b) Common ownership by the owners of the units within the project with a conservation easement granted to the City, subject to acceptance by the City Council or recognized conservation organization;

(c) Dedication to the City as public open space subject to acceptance by the City Council;

(d) Transfer, with permanent restrictions, to a land trust or other recognized conservation organization; and/or

(e) Ownership by a private party for agricultural or other natural resource use, provided that permanent restrictions are in place to provide for its continued use for this purpose.

(4) Any subdivision proposed under this section shall specify the ownership, use, management, and person responsible for maintenance of all common areas and facilities. The Planning Board shall approve the arrangements for the ownership, control, and maintenance of the common open space as part of the approval of a final subdivision plan. No changes in the use or management of the common open space shall be made without Planning Board approval.

(5) Any common open space or facility not retained by a private owner shall be maintained by a homeowners' association unless and until it is transferred in its entirety to the City or a recognized conservation organization, and until the transfer actually is completed. The formation and incorporation by the developer of a homeowners' association shall be accomplished prior to final subdivision approval. Covenants for mandatory membership in the association shall be approved by the Planning Board and included in the deed for each lot or unit. The association's documents shall specify that:

(a) The association shall have the responsibility of maintaining the common open space and other private facilities dedicated to the use in common by the development's residents.

(b) The association shall levy annual charges against all property owners to defray the expenses, if any, connected with maintenance of the common open spaces and facilities.

(c) The developer shall maintain control of common open spaces and facilities and be responsible for their maintenance until at least fifty-one percent (51%) of the development's lots or units have been completed and sold, with evidence of such completion and sales submitted to and approved by the Planning Board.

E. Design standards. In addition to other standards of this chapter and of Chapter 275: Subdivision of Land, the following design standards shall apply to cluster developments:

(1) Priorities for layout of lots and open space. The Planning Board shall find that individual building lots/sites are laid out and open space preserved to achieve the following objectives, as applicable. Where the Planning Board finds that objectives conflict, the objectives shall be achieved in the order listed:

(a) Where on-site wastewater disposal is to be used, it will be located on suitable soils for subsurface wastewater disposal;

(b) The layout preserves, as part of the required open space, environmentally sensitive areas, such as wetlands, steep slopes, floodplains, wildlife habitat rated by the Maine Department of Inland Fisheries and Wildlife as high value, and unique natural features;

(c) The design maximizes, as part of the required open space, the amount of contiguous, usable area for agriculture or woodlot production;

(d) The layout preserves cultural features of the rural landscape, such as stone walls, tree lines, and important or unique structures;

(e) The layout maximizes, as part of the required open space, the amount of undisturbed, contiguous wildlife habitat, including habitat that may not be rated as high by the Maine Department of Inland Fisheries and Wildlife;

(f) Where the development abuts a body of water, the design includes, as part of the required open space, a minimum of twenty-five percent (25%) of the shoreline;

(g) The layout encourages buildings to be located within woodlands or along the edges of open fields adjacent to woodlands;

(h) The layout provides for buildings in locations least likely to block or interrupt scenic vistas, as seen from the public roadway;

(i) The design maximizes open space that is usable for outdoor recreation;

(j) Each house lot has direct access to the open space, which means that the owner of one (1) house lot does not have to cross another's house lot to reach the open space;

(k) The layout minimizes the length of roadways, public utility lines, and other infrastructure within the proposed development;

(l) The design provides planting, landscaping, fencing, and screening to buffer the development from, and integrate it with, the character of any surrounding development.

(2) Vehicular access, street layout and construction.

(a) All vehicular access to buildings and lots shall be from a street within the development and not from an existing public road.

(b) All streets, roads, access drives, and parking areas shall be designed to harmonize with the topographic and natural features of the site. The road network shall provide for vehicular and pedestrian safety, all-season emergency access, snow storage, delivery and collection services, and potential connections to abutting land.

(c) Streets shall be designed and constructed in conformance with Chapter 275: Subdivision of Land.

(3) Buffering. A cluster development shall be buffered from a street or road, other than the street or road serving individual lots in the development, or from any abutting single-family dwelling lot, by a distance equal to two (2) times the normal minimum setbacks required for the zone. This buffer shall be established and maintained with a screen to provide an effective visual barrier from the ground to a height of at least ten (10) feet. This screen may be composed of a landscaped earth berm, planted evergreen bushes and trees, or existing evergreen bushes and trees, or a combination of such features.

(4) Utilities. Utilities shall be installed underground wherever possible. Transformer boxes, pumping stations, and meters shall be located so as not to be unsightly or hazardous to the public.

§ 280-15-5 Manufactured housing.

A. Modular homes. Modular homes shall be allowed in any zone in which a residential structure is allowed and subject to the requirements of that zone.

B. Newer mobile homes. Newer mobile homes shall be treated as single-family homes allowable in the Rural Residential, Rural Mixed Use, and Residential Development Zones but may not be located on a lot of land which fronts on Route 109, 202, 99, 11A, 224 or 4.

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

C. Nonconforming homes. All other mobile homes and trailers, and modular homes which fail to meet the definition of modular home as defined in this chapter, which were lawfully located in the City as a residential unit prior to November 20, 1984, and all other mobile homes which are lawfully located within the City subsequent to that date pursuant to § 280-15-5D, shall be considered nonconforming structures and may continue and may be maintained, repaired, improved, enlarged, or replaced with a like home the same size or larger. Such a nonconforming structure may be moved to another lot in the Rural Residential, Rural Mixed Use, or Residential Development Zones but may not be relocated to a lot of land which fronts on Route 109, 202, 99, 11A, 224 or 4.

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

D. Additional older homes prohibited. No person, firm, corporation, or other legal entity may locate a factory-built home that is included within the term all other mobile homes as defined in this chapter on a lot of land in the City if such factory-built home was not lawfully located in the City as a residential unit prior to November 20, 1984; provided, however, that:

[Amended 5-7-2019 by Order No. 19-258-01; 9-20-2022 by Order No. 22-440-01]

(1) Any manufactured home or factory-built home that is included within the term all other mobile homes, regardless of its date of manufacture, that is legally sited within the City as of August 4, 1988, may be relocated to another lot of land within the City where newer mobile homes are allowed under § 280-15-5B so long as it complies with all design criteria applicable to newer mobile homes, including but not limited to a pitched, shingled roof, exterior siding which is residential in appearance and located on a permanent foundation; provided, however, that the Board of Appeals may, upon written request by the owner of said home, grant a waiver from said design standards upon the owner's showing of economic circumstances that would cause compliance with said design standards to have the practical effect of preventing said home's relocation within the City; and

(2) No manufactured home shall be prohibited solely on the basis of its date of manufacture or failure to comply with the National Manufactured Housing Construction and Safety Standards Act of 1974.

E. Homes in mobile home parks. A mobile home being located on a lot approved prior to the effective date of this amendment in an existing mobile home park licensed by the Maine Department of Business Regulation shall not be required to be located on a permanent foundation.

F. Mobile home parks.

(1) Mobile home parks shall be allowed in the Rural Mixed Use Zone. The use and dimensional requirements of the Rural Mixed Use Zone shall govern, except to the extent otherwise provided by this subsection or state law.

(2) Existing mobile home parks not located within the Rural Mixed Use Zone shall be allowed to expand on contiguous property to one-hundred-thirty percent (130%) of the number of lots which existed in said mobile home park on September 7, 1989, subject to all of the provisions set forth in this section.

(3) Lots in mobile home parks shall comply with the following:

(a) The minimum lot width for any mobile home park lot shall be fifty (50) feet.

(b) A mobile home shall not be located less than ten (10) feet from any boundary lines of an individual lot.

(c) Any mobile home park lot which is located wholly or partly within a shoreland district shall meet the minimum lot area and shore frontage requirements of that district.

(4) No mobile home park lot shall be located with road frontage on any existing public way. Frontage and access to individual mobile home park lots shall be solely from interior roadways constructed within the mobile home park.

(5) Privately owned roads within a mobile home park shall:

(a) Be built according to acceptable engineering standards and with a professional engineer's seal as required by the Manufactured Housing Board;

(b) Have a minimum right-of-way width of twenty-three (23) feet;

(c) Have a minimum paved width of twenty (20) feet; and

(d) Conform to reasonable safety standards applicable to intersections with public ways adjacent to the mobile home park.

(6) Any person proposing to develop or expand a mobile home park shall prove to the Code Enforcement Officer and the Planning Board that the development will not pollute a public water supply or an aquifer or violate any provision of state law relating to land development, subdivision or use.

(7) Requirement for buffer strips.

(a) None of the provisions of this subsection shall apply unless the per-acre density of the mobile home park is at least two (2) times greater than the density of residential development on immediately adjacent lots of land.

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

(b) In addition to the setback requirements set forth in § 280-15-5F(3)(b), a buffer strip of at least forty (40) feet in width shall be required along the boundary of any mobile home park where the abutting property is zoned for residential use.

(c) Within the first twenty-five (25) feet of the buffer strip, as measured from the exterior boundaries of the mobile home park, the buffer shall be established and maintained with a screen to provide an effective visual barrier from the ground to a height of at least ten (10) feet. This screen shall be composed of a landscaped earth berm, planted evergreen bushes and trees, or existing evergreen bushes and trees, or a combination of such features.

(d) No structures, streets, or utilities may be placed in the buffer strip, except that utilities may cross a buffer strip to provide services to the mobile home park.

(8) No individual lot within a mobile home park may be separately conveyed unless it meets all of the dimensional requirements of the zoning district, including sufficient frontage on an accepted public way.

(9) Only newer mobile homes, as defined in this chapter, shall be permitted in mobile home parks.

(10) This section shall be effective as of January 1, 1990.

§ 280-15-6 Mineral extraction standards.

A. General. The following provisions shall apply to filling, grading, lagooning, dredging, excavation, processing and storage of soil, earth, loam, sand, gravel, rock and other mineral deposits. Filling, grading, lagooning, dredging, and other earthmoving activity which would result in erosion, sedimentation, or impairment of water quality or fish and aquatic life is prohibited.

B. Mineral extraction not requiring site plan review.

(1) The following mineral extraction activities shall be allowed without site plan approval:

(a) The removal or filling of material incidental to construction, alteration or repair of a building or in the grading and landscaping incidental thereto; and

(b) The removal, filling, or transfer of material incidental to construction, alteration or repair of a public or private way or essential services.

(2) All other commercial mineral extraction, processing and storage shall require site plan approval in accordance with Article XVI.

C. Standards. An application for site plan approval for mineral extraction shall be approved if the following standards are met:

(1) Excavations below the high-water table shall not be permitted unless a suitable plan for such is approved.

(2) Diversions, silting basins, terraces and other methods to trap sediment shall be used.

(3) Lagooning shall be conducted in such a manner as to avoid creation of fish trap conditions.

(4) The extent and type of fill shall be appropriate to the use intended. The applicant shall specify the type and amount of fill to be used.

(5) Fill shall not restrict a floodway, channel or natural drainageway.

(6) The sides of cuts, fill, channels, or artificial watercourses shall be constructed and stabilized to prevent slumping and erosion.

(7) No below-grade excavation, except for drainageways, shall be allowed within one-hundred (100) feet of any public road.

(8) No below-grade excavation, except for drainageways, shall be allowed within fifty (50) feet of any lot line, except that excavations within five (5) feet of a property line may be permitted on condition that a written report from a licensed soil scientist is provided to the Planning Board stating the suitability of the soils to hold a slope of two (2) to one (1).

(9) The sides of cuts, fill or channels along public roads or lot lines shall not exceed a slope of two (2) feet horizontal for every one (1) foot vertical.

(10) Adjacent lot lines of one (1) or more owners shall be exempt from §§ 280-15-6C(8) and 280-15-6C(9) if they agree in writing.

(11) Permanent ground cover shall be required within one-hundred (100) feet of all property lines, including all boundary slopes. Said ground cover shall comply with soil and conservation standards and recommendations.

(12) Upon expiration of any permit or termination of operations, the applicant agrees to implement a suitable plan for reclamation of said site as approved at the time of approval.

D. Optional conditions of approval. The Planning Board may impose other reasonable conditions to safeguard the neighborhood and the municipality which may include those relating to:

(1) Methods of removal or processing;

(2) Hours of operation;

(3) Type and location of temporary structures;

(4) Routes for transporting material;

(5) Area and depth of excavations;

(6) Provision of temporary or permanent drainage;

(7) Disposition of brush and slash; and

(8) Cleaning, repair and/or resurfacing of streets used in removal activity which have been adversely affected by said activity.

E. Surety and terms of approval. No approval shall be granted without a bond or other security to insure compliance with such conditions as the Planning Board may impose. No approval shall be issued for a period to exceed five (5) years, although such approval may be renewed for additional periods in the same manner.

F. Existing operations. Any commercial operation involving the excavation, processing or storage of soil, earth, loam, sand, gravel, rock or other mineral deposits in lawful operation at the time this chapter becomes effective may operate for a period of two (2) years from the effective date, July 1, 1977. Discontinuance of any existing operation for a period of more than one (1) year shall require application for a new approval. Continuation of any existing operation beyond July 1, 1979, shall require site plan approval from the Planning Board.

§ 280-15-7 Archaeological and historic resources.

A. Archaeological resources. The following provisions are intended to prevent the disturbance of sites with identified archaeological significance until their importance is documented.

(1) No municipal approval shall be issued within any identified archaeological resource potential areas until the Maine Historic Preservation Commission (MHPC) has been notified of the nature of the proposed activity in writing by the owner of the property, a copy of the notice provided to the Code Enforcement Officer, and the MHPC provided with the opportunity to conduct a reconnaissance level archaeological survey. The survey requirement will be deemed satisfied if the MHPC has not carried out a survey or responded to the owner in writing within six (6) months.

(2) The archaeological resource potential areas as identified in the Comprehensive Plan are limited to abandoned mill sites along the Mousam River.

B. Historic resources. The following provisions are intended to preserve the architectural character of historic buildings in designated areas of the City.

(1) Designated areas. The provisions of this subsection shall apply only within the following areas:

(a) The triangle, which is the area from Central Park down Main Street to the Goodall Library along Elm Street, up School Street to its intersection with Washington Street. This area is located in the City center and is generally residential in nature. It includes the Goodall Mansion, one (1) of the City's most significant historic structures, in addition to several other older residences.

(b) The area starting at the City Hall and continuing along the westerly side of Main Street to the Lebanon Street/Main Street intersection and down both sides of Lebanon Street to the Edison School. The district contains a variety of commercial and residential buildings constructed from 1880, including but not limited to Shaw's Hardware Store and Congregational Church, through the early 1900s.

(c) The area on Main Street in Springvale from the demolished railroad overpass up to the Nichols House on the east side of the street and all of the structures on the west side of the street, ending at the Tripp House across from Holdsworth Park. This area contains numerous older residences.

C. Modification of existing historic buildings. The owner of an historic building within the designated areas is encouraged to carry out any modifications in a manner that preserves the architectural and historic character of the structure. The owner is also encouraged to consult with the Historical Committee or Planning Department about the building and proposed modifications.

§ 280-15-8 Adult business establishment standards.

Any business that meets the definition of an adult business establishment regardless of its use category shall conform to the following additional requirements:

A. Location.

(1) An adult business establishment shall not be sited within one-thousand (1,000) feet of the lot lines of any of the following:

(a) A public or private elementary or secondary school.

(b) A public park or public or private recreational facility or site.

(c) A lot on which another adult business establishment is sited.

(2) The distance cited in this subsection shall be measured in a straight line between the lot line of the proposed site for the adult business establishment and the lot line of the site of the use listed in this subsection at their closest points.

B. Prohibited activities.

(1) Dancers, performers, employees, owners or officers of an adult business establishment shall not fondle or caress any patron or client, and patrons and clients shall not fondle or caress dancers, performers, employees, owners or officers of the adult business establishment;

(2) Patrons or clients shall not directly pay or give any gratuity or object of value to any dancer, performer, employee, owner or officer of the adult business establishment, and dancers, performers, employees, owners or officers shall not solicit any pay, gratuity or object of value from any patron or client; and

(3) Dancers, performers, employees, owners or officers of an adult business establishment shall not:

(a) Perform, offer to perform or agree to perform sexual intercourse with each other or any patron or client; or

(b) Commit, offer to commit or agree to commit any sexual act with each other or any patron or client; or

(c) Make, offer to make or agree to make sexual contact with each other or any patron or client.

C. Nudity restricted. Dancers, performers, employees, owners or officers of an adult business establishment shall not expose their genitals to clients, whether or not there is any compensation for this activity.

§ 280-15-9 Transmitter and alternative communication tower standards.

The location and installation of new transmitter towers and alternative communication towers, including the replacement of existing towers, shall conform to the following standards:

A. Design and color. The Planning Board, at its discretion, may require that a proposed tower be camouflaged or designed to blend with its surroundings, except where dictated by federal or state requirements. This may include, but is not limited to, having a galvanized finish, being painted gray or in a sky tone above the top of surrounding trees and earth tone below treetop level, or being designed to resemble a tree species similar to those in the area.

B. Landscaped buffer for transmitter tower sites.

(1) Unless existing vegetation provides a buffer strip at least the width of the minimum setback for the zoning district, all property lines along roadways or visible to existing abutting or nearby buildings shall be landscaped as follows:

(a) Six (6) to eight (8)-foot-high evergreen shrubs shall be planted in an alternating pattern, averaging five (5) feet on center, within fifteen (15) feet of the property boundary.

(b) At least one (1) row of deciduous trees, not less than two-and one-half (2 1/2) to three (3) inches caliper diameter at breast height (DBH) and spaced an average of twenty (20) feet apart and within twenty-five (25) feet of the property boundary.

(2) In lieu of the foregoing planting requirements, the Planning Board may determine that the existing vegetation may be supplemented to achieve an equivalent means of minimizing the visual impact.

C. Requirements of other entities. Proposals for towers submitted after the effective date of this amendment shall meet all applicable requirements of federal and state regulations before local approval is given. The Planning Board may waive this requirement if the applicant demonstrates that application has been made for any relevant federal and state approvals or, if no approvals are required, that the project conforms to all federal and state standards or that there are no such standards that apply. If the Planning Board approves an application prior to the applicant receiving all federal and/or state approvals, the Planning Board shall condition its approval on the receipt of those other approvals.

D. Structural requirements.

(1) Towers shall be designed and installed in accordance with the standards of the Electronic Industries Association Structural Standards for Steel Antenna Towers and Antenna Supporting Structures.

(2) The applicant's engineer shall provide documentation showing that the proposed tower meets or exceeds the current standards of the American National Standards Institute, ANSI/EIA/TIA-222- "E," for York County relative to wind and one-half (1/2)-inch ice loads.

(3) For towers placed on buildings or other structures, the applicant shall also provide written certification that the building itself is structurally capable of safely supporting the tower and its accompanying equipment.

E. Abandonment.

(1) It shall be the responsibility of the owner of a tower to notify the Code Enforcement Officer of the date of abandonment or cessation of use of the tower within one (1) month from the date of such abandonment or cessation. If the owner shall fail to give the notice required by this subsection, the Code Enforcement Officer shall make a determination of such date, which determination shall be conclusive as to such date.

(2) In the case of an abandoned tower, it shall be removed by the owner of the tower within one (1) year of its abandonment or cessation of use. Abandoned structures associated with abandoned towers shall also be removed. If the owner of the abandoned tower fails to remove the tower, the owner of the property on which the tower is located shall be responsible for its removal.

F. Collocation.

(1) Tower applicants shall send written notice by prepaid first class United States mail to all other telecommunication tower owners and licensed telecommunication providers in the proposed coverage area stating their siting needs and/or collocation capabilities in an effort to encourage tower collocation. An application for a new tower shall provide evidence that existing or previously approved towers cannot accommodate the telecommunications equipment, including but not limited to antennas and cables, planned for the proposed tower. Such evidence would be:

(a) Planned equipment would exceed the structural capacity of existing and approved towers, considering the existing and planned use of those towers, and existing and approved towers cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost, as defined below;

(b) Planned equipment will cause radio wave frequency interference with other existing or planned equipment for that tower, and the interference cannot be prevented at a reasonable cost, as defined below;

(c) Existing or approved towers do not have space on which planned equipment can be placed so it can function effectively and at least in parity with other similar equipment in place or approved; or

(d) Other reasons that make it impracticable to place the equipment planned by the applicant on existing and approved towers.

(2) Shared use shall be conditioned on the applicant's agreement to pay a reasonable fee and costs of adapting existing facilities to the proposed use.

(a) Such costs shall be pertinent to the southern Maine market area.

(b) These may include but not be limited to reasonable costs for reinforcing the tower or structure, for preventing radio wave frequency interference, and other changes reasonably required to accommodate shared use.

(c) The fee and costs for shared use are unreasonable, among other reasons, if they exceed the cost of the proposed tower.

(3) If the Planning Board determines that telecommunications equipment proposed by the applicant cannot be accommodated on an existing or approved tower, each tower so found is presumed unable to accommodate similar equipment that may be proposed in the future.

(4) A proposal to construct a new tower taller than one-hundred (100) feet shall include evidence that it can structurally support a minimum of three (3) antenna arrays.

(5) The Planning Board may require evidence of structural support to accommodate additional arrays for non-monopole towers.

G. Interest of telecommunication entity. A proposal to construct a tower shall include evidence that a telecommunication or other entity proposes to locate on or use the tower.

H. Lighting. A tower shall be lighted only if it is required by a federal or state agency or if the Planning Board finds that lighting of the tower is needed due to its location with respect to the Airport, its height or other safety considerations with respect to airport operations.

I. Security. The base of the tower shall be made nonaccessible to unauthorized persons by the installation of a fence designed to deter such access.

J. Nonconformance. Towers existing before the effective date of this chapter which do not comply with these performance standards or with the use or dimensional requirements of the zoning district in which they are located may continue to be used. The addition, removal, or relocation of telecommunication antennas on such towers shall not constitute the expansion or enlargement of the nonconforming use and does not require review by the Planning Board, provided the total height of the tower, including attached devices, is not increased.

K. Inspection.

(1) Inspection of communication towers by a licensed structural engineer shall be required to ensure structural integrity. Such inspections shall be required as follows:

(a) All towers: upon completion of construction.

(b) Monopole towers: at least once every ten (10) years.

(c) Self-support towers: at least once every five (5) years.

(d) Guyed towers: at least once every three (3) years.

(2) The inspection report shall be provided to the Public Works Director and Code Enforcement Officer within thirty (30) days of its receipt by the tower owner. Based upon results of the inspection, the City may require the repair or removal of the communication tower.

L. Floodplain management. Compliance with the requirements of § 275-43.

M. Identification of freshwater wetlands. Compliance with the requirements of § 275-44.

N. Stormwater management. Compliance with the requirements of §§ 275-45 and § 275-53.

O. Traffic conditions. If the project is classified as a major site plan, compliance with the requirements of § 275-51.

P. Wildlife habitat, rare natural areas or public access to shoreline. If the project is classified as a major site plan, compliance with the requirements of § 275-52.

§ 280-15-10 Marijuana standards. [1]

[Amended 12-20-2016 by Order No. 16-158.07; 2-20-2018 by Order No. 17-188-01; 2-20-2018 by Order No. 18-115-01; 4-3-2018 by Order No. 18-193-01; 5-15-2018 by Order No. 18-244-01; 3-5-2019, confirmed 7-9-2019 by Order No. 18-553-01; 5-5-2020 by Order No. 19-874-01; 1-19-2021 by Order No. 20-226-01; 4-19-2022 by Order No. 22-151-01; 9-20-2022 by Order No. 22-440-01; 11-26-2024 by Order No. 24-467-01]

All uses involving the cultivation, processing, storage, manufacturing, and/or distribution of marijuana and outdoor cultivation of hemp shall conform to the following standards:

A. Home cultivation standards.

(1) Single family detached dwellings. Marijuana, may be grown or cultivated inside and/or outside of the any single family detached, home, outbuilding, and/or garage if cultivation is conducted in conformance with § 280-15-10B.

(2) Other residential dwellings. In other residential dwellings marijuana may be grown, cultivated, processed, and/or stored inside a dwelling unit if cultivation is conducted in conformance with § 280-15-10B.

(3) Gases. The use of gas products, including but not limited to carbon dioxide, sulfur dioxide, and butane, and ozone generators is prohibited.

(4) Hemp shall be grown outdoors.

B. Marijuana general standards.

(1) Residency. Home cultivation, medical marijuana home production, and medical marijuana home occupation shall only be conducted by a resident for whom the dwelling unit is his/her primary residence in conformance with the Maine Medical Use of Marijuana Act[2], Marijuana Legalization Act, and state administrative rules, as appropriate.

[2] Editor's Note: See 22 M.R.S.A. § 2421 et seq.

(2) Ownership. A home cultivator or medical marijuana caregiver who does not own the property where marijuana is proposed to be cultivated, processed, stored, or distributed shall obtain written permission from the property owner prior to cultivating marijuana and shall make the written permission available to the City, upon request.

(3) Enclosed, locked facility. Any home cultivation, medical marijuana home production, or medical marijuana home occupation shall be conducted in an enclosed, locked facility, which is accessible only by the individual who is authorized to cultivate the marijuana in conformance with the Maine Medical Use of Marijuana Act,[3] Marijuana Legalization Act,[4] and state administrative rule, as appropriate. No outdoor cultivation is allowed for a marijuana production facility.

[3] Editor's Note: See 22 M.R.S.A. § 2421 et seq.

[4] Editor's Note: See 28–B M.R.S.A. § 101 et seq.

(4) Limited area dedicated to cultivation. Cultivation shall only be conducted in a contiguous area of not more than one-quarter (1/4) of the total square footage of a dwelling unit or one-hundred-twenty (120) square feet, whichever is less. No marijuana shall be grown, cultivated, processed, and/or stored within a common area or limited common area of the property.

(5) Screening of outdoor cultivation on a residential property. No exterior evidence of cultivation, including signs, shall be visible from a public way or area. Plants shall be entirely screened from common visual observation from a public way or area by natural objects, plantings, or a solid fence at least six (6) feet or taller in height, density, and depth sufficient to accomplish complete screening of plants from ordinary view. Should plants grow higher than the screening such that they are visible from a public way or area, either the plants shall be cut to not extend higher than the screening or the individual who is authorized to cultivate the marijuana shall install additional screening sufficient to conceal the plants from public view within ten (10) days of notification of a violation by the Code Enforcement Department.

(6) Commercial sale of marijuana grown, cultivated, processed, and/or stored on a residential property, except for members of the household and family members who are qualifying patients that do not reside in the household or as otherwise allowed under the Maine Medical Use of Marijuana Act,[5] Marijuana Legalization Act,[6] or state administrative rules, as appropriate, and the sale of marijuana paraphernalia is prohibited.

[5] Editor's Note: See 22 M.R.S.A. § 2421 et seq.

[6] Editor's Note: See 28–B M.R.S.A. § 101 et seq.

(7) Compliance with health and safety codes. A primary residence, outbuilding, garage, or other structure where marijuana is grown, cultivated, processed, and/or stored shall meet all applicable requirements of the City's building, electrical, fire, and other health safety and technical codes, including but not limited to Chapters 90: Building and Building Regulation and 128: Fire Prevention.

(8) Chemicals, cultivation that uses storage, and/or distribution of marijuana shall do so in conformance with the Maine Medical Use Marijuana Act,[7] Marijuana Legalization Act,[8] or state administrative rules.

[7] Editor's Note: See the Medical Marijuana Act, 15 M.R.S.A. § 5821-A.

[8] Editor's Note: See 28–B M.R.S.A. § 101 et seq.

(9) Ventilation and odor management. Any primary residence, outbuilding, garage, or other structure used for cultivation shall have proper ventilation to prevent mold damage and to prevent odors or particles from becoming a nuisance to surrounding properties or the public.

(10) Waste disposal. All marijuana waste and/or residue from the growth, cultivation, processing, and/or storage of marijuana shall be disposed of in conformance with the Maine Medical Use of Marijuana Act,[9] Marijuana Legalization Act,[10] or state administrative rules, as appropriate, as well as Chapter 220: Solid Waste. Waste and/or residue shall not be placed in exterior refuse containers without first being made unusable and unrecognizable through grinding and incorporating it with non-consumable, solid wastes such as paper, plastic, cardboard, food, grease, Bokashi or other compost activators, and/or soil, such that the resulting mixture is at least fifty (50) percent non-marijuana waste. Composting, fermenting, and/or incineration on-site is allowed if undertaken in accordance with state and local regulations.

[9] Editor's Note: See 22 M.R.S.A. § 2421 et seq.

[10] Editor's Note: See 28–B M.R.S.A. § 101 et seq.

C. Licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and marijuana retail store standards. In addition to the requirements of § 280-15-10B a licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall meet the following additional standards:

(1) No licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall be allowed within five-hundred (500) feet, of any existing public or private school, child-care provider, park, playground, and/or church, with the distance between the properties calculated by direct measurement in a straight line between the nearest property line of the land used for public or private school, child-care, park, playground and/or church to the nearest portion of the structure in which the licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store is located. Applicants for public or private schools, child care providers, parks, playgrounds, and/or churches, which are proposed within five-hundred (500) feet of an existing licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall be required to sign a form, which may be obtained from the Code Enforcement Department, which indicates that they are aware that an existing licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store is located within five-hundred (500) feet of their proposed site.

(2) The owner of a licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and marijuana retail store shall obtain an annual license from the City Council to operate the property and facility in conformance with Chapters 149: Licensing and 161: Marijuana. The number of licensed marijuana properties shall be capped at eight (8) lots as defined in this chapter. All marijuana production facilities, marijuana manufacturing facilities, and marijuana retail stores shall be located on one (1) or more of the eight (8) licensed marijuana properties in conformance with this chapter.. Additional buildings may be permitted on licensed marijuana properties for marijuana production, marijuana manufacturing, marijuana retail store, and/or other uses allowed in the zoning district, based on the boundaries of the lots existing as of October 2, 2018, if the owner demonstrates that the proposed expansion meets all applicable requirements of the City's zoning, site plan, and building electrical fire and other health, safety and technical codes, including but not limited to this chapter and Chapters 90: Building Construction and 128: Fire Prevention and the Maine Medical Use of Marijuana Act[11], Marijuana Legalization Act, and state administrative rules, as appropriate.

[11] Editor's Note: See 22 M.R.S.A. § 2421 et seq.

(3) A structure where marijuana is grown, cultivated, manufactured. processed, and/or sold shall be constructed of building materials approved by the Code Enforcement Department and Fire Chief, or their designees. If the structure is six-thousand (6,000) square feet or larger, and/or includes any extraction processes, it shall include an internal sprinkler and/or fire suppressant system approved by the Fire Chief.

(4) An owner of a licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and marijuana retail store shall prepare an Operations Manual and Safety Plan. The Operations Manual and Safety Plan shall be maintained at the property and/or business and made available for inspections upon request.

(a) The Operations Manual and Safety Plan for a licensed marijuana property shall describe, at a minimum, policies and procedures for building security and provision and maintenance of ventilation and odor controls for the property, structures, and common areas that meets the requirements of § 280-15-10C(5).

(b) The Operations Manual and Safety Plan for a marijuana production facility. marijuana manufacturing facility, and/or marijuana retail store shall describe, at a minimum, policies and procedures for employee safety, product and building security, hours of operation, provision and maintenance of ventilation and odor controls that meets the requirements of § 280-15-10C(5), storage and use of hazardous materials, including but not limited to, chemicals and gases, waste management, contamination protocols, and methods of distribution to qualifying patients.

(5) Odor control plan.

(a) An owner of a licensed marijuana property and operator of a marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall prepare an Odor Control Plan specifying the engineering and administrative controls the facility will use to prevent odors from being detected off site, unless a mechanical engineer, or other qualified professional, registered in the State of Maine, certifies the adequacy of the proposed ventilation and odor control system to prevent odors from being detected beyond the boundaries of the property.

(b) All licensed marijuana properties, marijuana production facilities, marijuana manufacturing facilities and/or marijuana retail store shall be equipped with and maintain sufficient ventilation and odor controls to ensure that air leaving the building through an exhaust vent shall prevent odors from leaving the property. Doors and windows in odor producing areas shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the facility. The Odor Control Plan shall specify building management activities intended to isolate odor producing activities for one (1) or more marijuana production, marijuana manufacturing businesses, and/or marijuana retail store from other areas of the structures and discharge of emissions from structures.

(c) The City may use contracted staff and peer review escrow fees to review an Odor Control Plan under § 280-3-4B.

(d) The Odor Control Plan shall be prepared, using industry-specific best control technologies and best management practices, for each odor source in the licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store and shall include, at a minimum:

[1] A floor plan, with locations of odor producing activities specified. Relevant information shall include, but is not limited to, the location of doors, windows, ventilation systems, odor control systems, and odor sources.

[2] The location of specific odor producing activities.

[3] Maintenance and replacement schedule for key system components, provided by the manufacturer or supplier of the technology.

[4] Staff training procedures including organizational responsibilities and the roles/titles of staff members who shall be trained about odor control.

[5] Recordkeeping systems and forms describing what records will be maintained by the facility operator.

[6] Description of daily standard operating procedures to verify that the odor control systems are operational.

[7] Evidence that ventilation and odor controls are operational, sufficient to effectively mitigate odors for all sources and consistent with accepted and available industry-specific best control technologies designed to effectively mitigate odors.

(e) In addition, a marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall describe:

[1] The processes that will take place at the facility and the sources of the odors associated with, but not limited to, vegetative flowering, processing, and storage.

[2] For each odor source, specify the administrative processes and technologies the facility will use, including:

[a] Description of the proposed actions or technologies for each odor producing activity, including the number of products proposed to be used and product names, provided by the manufacturer or supplier of the technology;

[b] Description of the formulas, provided by the manufacturer or supplier of the technology, to size the proposed odor control technologies for the specific space and odor sources to be controlled within the facility.

[c] Maintenance and replacement schedule for key system components, provided by the manufacturer or supplier of the technology.

(6) No medical marijuana qualifying patients shall obtain medical marijuana directly from a licensed marijuana property, marijuana production facility, or marijuana manufacturing facility, except as otherwise allowed under the Maine Medical Use of Marijuana Act[12], Marijuana Legalization Act, and state administrative rules, as appropriate. A licensed medical marijuana production facility may include an office space, for the purposes of consulting with and distributing medical marijuana to qualifying patients if the facility meets all public safety, public access, parking, and other requirements of City codes as well as the standards in § 280-15-10C(6)(a) through 280-15-10C(6)(i). The office space may qualify as a caregiver retail store but shall not qualify as a medical marijuana dispensary for retail sales or for retail sale of adult use marijuana as defined in the Maine Medical Use of Marijuana Act[13], Marijuana Legalization Act, and State administrative rules, as appropriate. This limitation is not intended to prohibit production operations in one (1) unit with potential retail sales of marijuana paraphernalia in another separate unit, as long as retail sales of paraphernalia is allowed in the zone in which the property is located and the two (2) facilities operate as separate legal entities.

(a) Retail sales of marijuana shall be allowed in conformance with this chapter and Chapter 161, Marijuana.

(b) The office shall be no larger than four-hundred (400) square feet.

(c) At any point in time, the number of patients shall not exceed occupancy limits, required parking, curb cuts, or other zoning standards, and all elements and conditions of site plan approval.

(d) No exterior or interior displays that identify the office as a location where medical marijuana is distributed shall be allowed. All signage shall be in conformance with the Maine Medical Use of Marijuana Act or state administrative rules, as appropriate.

(e) Each caregiver's office shall be a separate, enclosed, locked facility, accessible only by the caregiver or his or her authorized employee and medical marijuana patients, vendors or service providers.

(f) The office shall include office furniture only. All medical marijuana products shall be stored in a locked piece of furniture including, but not limited to, an armoire, closet, or other opaque fixture such that products shall not be in an open display or directly visible to patients. The caregiver may display and/or provide literature about his or her medical marijuana services.

(g) Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m.

(h) (Reserved)

(i) A licensed marijuana property, marijuana facility, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall comply with the industrial performance standards in this chapter.

(j) A licensed marijuana property, marijuana facility, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall not dispose of marijuana waste and/or residue from the growth, cultivation, processing, storage, and sale of marijuana in an unsecured waste receptacle not in its possession and control.

(k) Notwithstanding anything to the contrary in 1 M.R.S. § 302, and amendments of this chapter on October 2, 2018, this chapter applies to any application relating to the establishment or operation of a licensed marijuana property, marijuana facilities, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store whether or not such application had become a "pending proceeding" as defined in 1 M.R.S.A. § 302 prior to the enactment of this chapter.

[12] Editor's Note: See 22 M.R.S.A. § 2421 et seq.

[13] Editor's Note: See 22 M.R.S.A. § 2421 et seq.

[1] Editor's Note: The title of this section was changed from "Medical marijuana standards" to "Marijuana standards" 5-5-2020 by Order No. 19-874-01.

§ 280-15-11 Design standards.

[Amended 10-2-2018 by Order No. 18-426-01; 12-3-2019 by Order No. 19-540-01; 12-3-2019 by Order No. 19-578-01; 11-24-2020 by Order No. 20-149-01; 11-23-2021 by Order No. 21-494-01; 5-3-2022 by Order No. 21-494-01; 9-20-2022 by Order No. 22-440-01; 3-19-2024 by Order No. 24-81-01]

A. Applicability. Any exterior modification on a lot that is located in a Design District Overlay Zone shall require review by the Design Review Committee and recommendation to the designated reviewing committee or staff as identified in Article XVI, Site Plan Review, except as authorized under § 280-15-11A. The Planning Director, or their designee, is authorized to review, approve, deny, or elevate for review by the Design Review Committee the following proposed modifications within a Design District Overlay Zone:

(1) Modifications to a single family dwelling, two (2) family dwelling, three (3) unit multifamily dwelling, and/or demolition of an existing structure.

(2) Minor modifications to the color, font, logo, size, shape, number, or location of existing or previously approved signage.

(3) Minor modifications to design features, including but not limited to awnings, if there is only one (1) option to meet building or zoning codes.

(4) Modifications that are not visible from a public way or street level of a public property or that are proposed to be screened from view from a public way or street level of a public property by one (1) or more techniques including, but not limited to, fences, berms, or landscaping.

B. Intent. This subsection provides design standards which, if followed, will be considered evidence of meeting the appropriate performance standards of Article XVI, Site Plan Review and Chapter 275: Subdivision of Land. Proposed site plans, subdivisions and exterior improvements and/or changes not in compliance with the design standards of this subsection may be considered, but the applicant shall have the burden of proof to provide clear and convincing evidence that demonstrates it is not possible to comply with the standards, the proposed design shall meet the intent of the standards to the greatest extent practicable, and all other zoning, subdivision, and building standard codes, and statutory criteria shall be met.

C. Design Districts defined. In the Sanford Downtown Design District Overlay Zone and the Springvale Village Design District Overlay Zone, design standards apply to new development, redevelopment, and change of use. These areas are on well-traveled routes most often seen by the public, where it is crucial to ensure that nonresidential development is in keeping with the character of the District Overlay Zones. The map displaying these Design Districts is available for review in the Planning and Development Office or online at the City's official GIS zoning map.

D. Sanford downtown design district overlay zone.

(1) Purpose. The focus of Sanford Downtown has shifted over time, toward an increased emphasis on serving a wider range of commercial activities and an increasing residential population. Sanford Downtown is evolving into a year-round destination. The success of much of Sanford's Downtown business district depends on the success of the visitor experience. That is why all aspects of development in Sanford Downtown shall be designed for both function and aesthetics. These design standards are intended to help the owner, developer, architect, and other consultants understand the basic design goals set for development in the Sanford Downtown Design District Overlay Zone and provide the City with a yardstick against which new projects can be measured. Applicants are invited to submit creative and imaginative projects which build on these standards and contribute to the overall form and character of Sanford's Downtown.

(2) Objectives. Sanford Downtown Design District Overlay Zone offers visitors a focal point for services aimed at both visitors, residents, and workers of the surrounding area. Sanford Downtown design standards are intended to promote the characteristic qualities of its historic setting. Note that these design standards do not negate or overrule the City's building codes. Applicants shall review the design standards and meet with the Planning Director at the outset of the design process to discuss the design objectives/issues for each property in Sanford's Downtown, if appropriate. The following objectives shall be considered in all new development:

(a) Insist on a high standard of urban design, architecture and landscape architecture for the downtown area, in order to make it attractive to visitors, residents, and workers.

(b) Respond to the existing and future needs and interests of a broad range of visitors, residents, and workers through the four (4) seasons.

(c) Preserve, where possible, and supplement the existing natural landscape. Abundant landscaping and floral displays are particularly important in the summer and fall months.

(d) Use design elements that are cohesive with the City's natural setting and desired architectural character yet still express individuality.

(e) Create an atmosphere in the Sanford Downtown Design District Overlay Zone that is open and friendly, which caters to pedestrians by providing open space amenities, including but not limited to outdoor seating areas, activity areas, and site features.

(f) Accommodate New England climatic conditions.

(g) Encourage building design and orientations that maximize views and sunlight.

(h) Make preserving the historic character of the Sanford Downtown Design District Overlay Zone a priority.

(i) Encourage building design and site planning that ensures logical and functional patterns for the three (3) levels of traffic: pedestrian, automobile, and service and delivery.

(j) Insist on building design that reflects the community's desire for human scale, in terms of building placement, height, proportion, site features, roof shapes and building materials. The design standards are not intended as a blueprint for design approval; rather they outline the important elements and features which shall be considered in designing or modifying the building, site, or subdivision.

(3) Site planning.

(a) General standards.

[1] Building siting, building placement, and setbacks.

[a] Preservation of natural features and vegetation is encouraged. Retain existing stands of trees and terrain where possible.

[b] Building siting shall consider adjacent development.

[2] Orientation to the street. In nearly all circumstances, the building and primary entrance shall be oriented parallel to and close to the street to encourage the creation and/or maintenance of an interesting streetscape and pedestrian activity.

[3] Front yard setbacks.

[a] The front setback of new buildings shall be consistent with neighboring buildings along the street and in the neighborhood; a new building shall not appear out of place because it is placed much closer to or further from the street than other buildings.

[b] If the appropriate front setback is uncertain, the general standard is to keep buildings close to the road, as is typical of traditional village and downtown development.

(b) Additional site planning standards. The following site plan elements shall be evaluated for appropriateness.

[1] Topography.

[2] Geology/soils conditions.

[3] Hydrology, drainage, and floodplain considerations.

[4] Vegetation.

[5] Solar orientation and microclimatic considerations.

[6] Access and circulation: pedestrian and vehicular.

[7] Seasonal differences.

[8] Snow management (see § 280-15-11D).

(4) Site design.

(a) Ground-level interest. Variety at ground level contributes interest and vitality. Consideration of walkway and landscape detail, scale, and entries is especially important.

(b) Street furnishings standards.

[1] Street furnishings shall be placed in areas that do not impede pedestrian movement or building maintenance. Public seating and trash receptacles are encouraged.

[2] Bike racks shall be highly visible and accommodate locking mechanisms to reduce the risk of theft.

(c) Landscaping and other materials standards.

[1] Landscaping shall use indigenous or similar hardy plants. Native shade trees shall be the preferred planting along Main Street and major side streets, supplemented with ornamental trees, shrubs, perennials, and annuals to accent pedestrian spaces, building, and site design and to provide visual interest and seasonal color.

[2] Design review may require up to ten percent (10%) of gross site area in landscaped open space in mixed use or commercial zones, up to twenty percent (20%) for residential uses.

[3] Coordinate landscape treatment with adjacent areas, including the designs of arcades, steps, railings, streetlights, and plantings to achieve continuity on Main Street.

[4] All landscape elements adjacent to areas which require snow clearing by machinery shall be designed to resist damage by incorporating durable materials and rounded edges and eliminating unnecessary protrusions.

[5] Site features, such as water, public art, flags, banners, and graphics are strongly encouraged, provided they conform to the requirements of this chapter and life safety codes.

[6] Planters consistent with the building design are encouraged. All post-construction disturbed areas shall be revegetated per landscape standards.

[7] Trees and plantings shall be protected from snow clearing operations.

[8] Plant material located in snow dump areas shall be sufficiently durable to survive the effects of snow storage.

[9] Summer floral displays shall be strongly encouraged.

[10] Grass shall be a uniform turf of species hardy to the City.

(d) Irrigation standards.

[1] All irrigation systems shall provide for on-site drainage.

[2] Underground, automatic watering systems shall be encouraged.

(5) Servicing standards. Truck access, deliveries, utilities, storage and garbage concealment shall be considered in the design.

(a) Provide adequate space for garbage storage and recycling. Garbage and recycling storage areas shall be enclosed and hidden from public view and/or screened by fences and plants compatible with the architecture of structures on and in the vicinity of the site. Containers shall be made of durable materials and shall be easily accessible to garbage trucks. Adequate ventilation shall be provided.

(b) Service bays and loading docks shall be unobtrusive.

(c) Locate service bays within the building or parking structure. If exterior service bays are necessary, locations visible to front entries or commercial businesses shall be avoided. Provide permanent visual screening where exterior service bays are located.

(6) Access, parking, and loading standards.

(a) The number of parking spaces shall conform with, but not exceed, the requirements of this chapter.

(b) Sanford Downtown Design District Overlay Zone driveway standards. Design driveways to a maximum of eight percent (8%) and ideally less than six percent (6%) slope. The slope on driveway approaches to City streets may be increased above eight percent (8%) with the use of heat-tracing or a roof covering.

(c) Provide adequate areas for snow storage and drainage. These may be combined with islands of planting, sufficiently durable to survive the effects of snow storage, to break up large areas of paving.

(d) On-site parking areas located to the rear of buildings shall be strongly encouraged.

(e) Screen surface parking areas by a combination of walls, fences, landscaping, and berms at least four (4) feet in height.

(f) Where possible, provide separate pedestrian circulation routes within parking areas.

(g) Where possible, provide separate parking areas for buses and recreational vehicles.

(h) On-site parking shall be designed to allow vehicles forward entry and exit from the site, except as otherwise authorized under this chapter.

(7) Lighting standards.

(a) Illumination levels shall be of sufficient intensity to provide security but not overpower the nightscape. Illumination shall be low level, low glare, shielded, directed downward, and contained on the property. Warm shades of LED lights are encouraged.

(b) Provide exterior lighting to highlight landscaped areas, feature walls, and provide visual interest. In the Mill Yard, this includes projected images on the face of up to two (2) wall of an existing, former mill structure. The intensity and distribution of light shall be taken into account in applying these standards, particularly as it affects neighboring residential properties and the ambience of the neighborhood or district. Care shall be taken to prevent light spillage into windows of residential units in and near the property.

(c) Provide security lighting where appropriate.

(d) No flashing, blinking, or colored lighting, except for Christmas lighting, shall be permitted. Incandescent or other warm-colored lighting is preferred.

(8) Outdoor activity standards. Outdoor activity areas are vital if the Sanford Downtown Design District Overlay Zone is to project a vibrant atmosphere.

(a) Outdoor activity areas should be created.

[1] Consider providing outdoor activity areas to accommodate a range of ages and activity levels.

[2] Seating areas and restaurants overlooking pedestrian, landscaped, and/or natural areas and other prominent viewpoints shall be encouraged.

[3] Outdoor seating areas are encouraged where appropriate and shall conform to the pedestrian right-of-way requirements in § 280-15-11D(11)(d).

(9) Solar access standards.

(a) Design shall preserve sunlight on neighboring outdoor or indoor spaces for uses intended for outdoor use/activities, particularly late afternoon.

(b) The building design and placement should create sheltered sunny pockets in public spaces and on neighboring properties to encourage use in winter months.

(10) Signage standards.

(a) Signage shall conform with requirements of this chapter, except as specifically allowed in this section, including § 280-15-D(10)(n).

(b) Proposed signs shall be of pedestrian scale and orientation and shall be compatible with the general historic period and architectural character of the districts including, but not limited to, general design, arrangement, texture, material, scale, mass, color, and relationship of fore and background. For the purposes of this section, historic period and architectural character includes, but is not limited to, signs which are set into a panel above the ground floor windows. The size and placement of proposed signs shall maintain the proportionate relationship between the signs and building facades and limit the maximum height of the sign equal to the line of the eaves or the bottom of the second story window sill, whichever is lower. An existing panel that is not centered may be adjusted if the building is resided; however, it may not be increased in size and shall maintain the original dimensions.

(c) The removal or alteration of any historic period or architecturally significant signs should be held to a minimum. In the event that replacement of a historic period or architecturally significant sign is necessary, the new sign should attempt to match the sign being replaced in composition, design, color, texture, and other visual qualities and distinctive stylistic features or examples of skilled craftsmanship shall be treated with sensitivity.

(d) Contemporary design for new signs shall not be discouraged if such design is compatible with the size, scale, color, material, and character of the district, structures, or the environment. New signs shall be appropriate to the historic period, style, type, size, and scale of the building and district for which it is proposed and with other signs in the district.

(e) Installation shall not damage or require removal of historic period materials and shall be done in a manner such that signs can be removed without harm to the masonry or architectural detailing.

(f) No more than fifteen percent (15%) of windows shall be covered with temporary window signs.

(g) Graphics painted, etched, or otherwise attached to the outside or exterior of a window shall not cover more than thirty percent (30%) of the window; except that coverage may be allowed up to sixty-five percent (65%) if the graphic is not opaque and provides an attractive screen for views of the interior of the property. If text is no more than twenty (20) square feet or twenty percent (20%) of a graphic attached to a window, whichever is less, and the text is less prominent than the artistry of the graphic, the text shall not be counted toward the measurement of cumulative sign area.

(h) A maximum of twenty-five percent (25%) of total window area of any single storefront may be covered by a combination of permanent and temporary window signs.

(i) One (1) building sign per tenant, not to exceed two (2) square feet per one (1) linear foot of the building frontage of the suite occupied by the tenant that faces a public street or parking lot. The cumulative sign area of proposed building signs shall not exceed two (2) square feet per one (1) linear foot of building frontage that faces a public street or parking lot.

(j) Comprehensive signage plans shall be required as part of the permit application on all new structures or renovated centers. An existing center may replace existing signs with those of the same dimensions, but cannot expand them to reflect amendment adopted as of December 3, 2019 without a comprehensive signage plan.

(k) Signage shall be low-key and coordinated with the architectural features and finishes of each building.

(l) Front-lighting of signs is encouraged, although some limited backlighting is permitted.

(m) Exterior neon shall be subject to close scrutiny for its relationship to building design and strict maintenance requirements.

(n) In the Mill Yard, signs may be projected onto up to two (2) facades of an existing former mill structure up to a cumulative sign area of three-hundred (300) square feet.

(11) Architecture standards.

(a) Building mass, scale and height standards.

[1] New buildings or additions to existing buildings shall not be visibly out of scale with neighboring buildings or otherwise out of scale with Sanford Downtown Design District Overlay Zone.

[2] Building heights shall be compatible with adjacent structures.

[3] The size or bulk of the building shall conform to those nearby; larger buildings shall be broken down architecturally to match the scale, rhythm, and proportion of adjacent structures.

[4] The following features, among others, shall be considered as potential elements to help break down building scale: projecting bays, projecting or recessed balconies, and gables and dormers, judiciously utilized to provide interest, individuality, and appropriate scale to new structures; distinct and multiple architectural roof forms, clearly pronounced eaves, distinct parapet designs and cornice treatments; porches, covered walkways, trellises or architectural awnings that provide varying degrees of shade and sun at ground level.

(b) Architectural style/character standards.

[1] Building designs and treatments that express corporate, franchise, or trademark identity shall not take precedence over these design standards; such development shall conform to the historic, site design, and architectural considerations in these standards. Corporate or franchise developments shall be compatible with the visual character of the Sanford Downtown Design District Overlay Zone.

[2] Variation in design. Although there is some variation in architectural styles in the Sanford Downtown Design District Overlay Zone, new development shall be compatible with the general area.

(c) Building design standards.

[1] Facade design shall display consideration of building.

[2] The scale of a building shall be visually compatible with its site and neighborhood.

(d) Walkways, entries, and overhangs standards.

[1] Width of covered walkways shall span the sidewalk, if applicable, or be a minimum of six (6) feet wide and nine (9) feet high.

[2] The weight of snow on top of and shed from covered walkways shall be planned for.

[3] All building access shall be designed to provide convenient and safe access for disabled persons, the elderly, baby carriages, and others. Sidewalks and walkways shall be free of barriers.

[4] All walkways shall be designed to maintain visual continuity of eave lines, materials at base, soffits, fasciae, and grade at entry locations. New walkways shall be fully coordinated with adjoining walkways.

[5] Shop facades shall be designed as individual entities, to strengthen their character and interest to pedestrians. Continuous linear shop fronts are discouraged.

[6] Outdoor display areas shall be identified as part of applications. Such areas shall not interfere with pedestrian circulation.

[7] Upper-floor design. Decks, balconies, and porches are strongly encouraged as they provide sunny, usable, outdoor space and add life and interest to the street.

(e) Architectural details.

[1] Craftsmanship, ornamentation, and architectural details shall be strongly encouraged. Architectural details shall include the design features of elements including but not limited to doors, windows, dormers, porches balconies, and decorative details such as cornices, columns, pediments, railings, and similar features. Large or small, these details play a key role in defining the style and character of a building and deserve particular attention and respect.

[2] Detailing that relates to and reflects the character of the area shall be encouraged. Vernacular architectural features help tie together the character of the Sanford Downtown Design District Overlay Zone.

[3] Roof design standards. Roof design is important for snow management and is a major contributor to design character. Roofscapes are important design elements that are viewed by pedestrians. Sloped roofs shed accumulated snow in avalanche fashion and can be dangerous to pedestrians below. The design of roofs and pedestrian areas below them is referred to as snow management and is discussed in this subsection.

[a] The angle of a sloped roof should be typical of traditional New England architecture, approximating twelve to twelve (12:12) pitch.

[b] Roof form shall be modulated and broken up with the use of dormers or other architectural features. The ridgeline shall not be continuous but shall be varied in height or broken with chimneys, cupolas, towers, or other features.

[c] Roofs of connected buildings shall be fully coordinated with adjoining eaves, peaks, gables, and slopes. Consider the color of neighboring roofs to create a complementary roof palette: avoid selecting strongly contrasting colors.

[d] Roof materials. Consider the effects of climate and snow management in selecting roofing materials.

[e] Roof-mounted equipment shall be concealed. Satellite dishes, communications antennae and mechanical equipment shall be planned as part of the roof so they are concealed from all pedestrian viewpoints and overlooking development.

[f] Where appropriate in Sanford's Downtown, a flat roof may be permissible if the building is multistory and of traditional downtown architecture and use, including but not limited to a retail/pedestrian-oriented first floor, office/residential upper floors, differentiated upper facade, articulated parapet and decorative cornice. Existing buildings of this style shall be maintained for architectural and/or historic integrity.

[4] Street facade standards.

[a] The front facade of both residential and nonresidential buildings, particularly the main entrance, shall be oriented to Main Street, or another primary street frontage if it does not front on Main Street. If an existing main entrance is not located along the primary frontage, the front facade shall be appropriately designed to contribute to the pedestrian-friendly character.

[b] For buildings that are sited on a corner lot which fronts on more than one (1) street, the front facade shall be oriented toward the primary street frontage, while a secondary entrance or other appropriate facade treatment is strongly encouraged for the side street.

[5] Entrance standards.

[a] Principal building entrances shall be accented, and easily visible from the street, to contribute to the pedestrian-friendly character. This may be achieved through the design of the doorway and doorway architectural treatments, by recessing the entry, by adding a porch or pediment for the front door providing shelter or by other means to enhance the entrance.

[b] Service entrances and loading facilities should be located at the rear or side of structures and screened from public view. Where buildings face more than one (1) public street, service and loading circulation shall be located along secondary streets where appropriate. Where no off-street options are available, loading and service entrances located along public streets shall occupy the minimum space necessary and be compatible with the other uses of the street, including pedestrian activities and retail development.

[6] Proportion and spacing of openings, including but not limited to windows and doors.

[a] Blank exterior walls without doors, windows, or other architectural features to break up a building's mass shall be avoided. Street facades in particular shall not be blank but have an appropriate rhythm of windows and doors.

[b] Windows and doors shall be appropriately scaled, vertically oriented, and placed in a regularly spaced pattern. Symmetry of openings on the street facade is traditional, though not essential.

[c] False windows are discouraged; however, where the interior layout or function of a building does not accommodate windows, the judicious use of false windows may be acceptable. The use of other architectural or natural elements including but not limited to, murals or plantings, which offer vertical contrast, may be an acceptable alternative; however, the quality, subject, and maintenance of murals should be carefully considered.

E. Springvale village design district overlay zone.

(1) Purpose. The purpose of these design standards is to provide a tool to preserve the village character of Springvale and respect its sense of history for generations to come. These standards are intended to ensure that new, expanded, and rehabilitated development is designed and built in a manner compatible with the character of Springvale Village in terms of scale, aesthetic, and visual effect. They are meant to lead to the construction and layout of buildings and site improvements that are appropriate to their surroundings and to the Springvale Village, by helping property owners, developers, contractors and other professionals understand the community values which their designs shall satisfy to be acceptable to the City.

(2) Objectives. The focus of these design standards is to maintain and improve, where appropriate, the visual and aesthetic character of the Springvale Village Design District Overlay Zone, as related to site layout and improvement, architecture, and design of properties. Design review does not encompass all elements of zoning, subdivision, or building code review. The City's zoning, subdivision, and building code review processes cover other performance standards including but not limited to traffic, utilities, and environmental impacts, pertaining to nonresidential development.

(3) General standards.

(a) Character. These design standards are a tool to help ensure future development and alterations to existing development are in keeping with the character of the Springvale Village Design District Overlay Zone. Development shall maintain or improve the visual and aesthetic character of the Springvale Village Design District Overlay Zone.

(b) Context. A building's or site's context is important to gauging appropriate design. A building or site shall conform to the Springvale Village Design District Overlay Zone design standards and shall not appear out of place compared to abutting properties, buildings or the surrounding neighborhood. This is an important standard to consider, even though it may be difficult to quantify.

(c) Existing structures.

[1] These standards also apply to the renovation or construction of existing buildings and/or sites within the Springvale Village Design District Overlay District.

[2] For existing structures:

[a] Historic or original architectural elements, including but not limited to doors, windows, dormers, porches, balconies, and decorative features such as cornices, columns, pediments, and railings, shall be retained to the extent possible. Alterations shall be carried out in a way that does not damage or hide these elements. New architectural elements shall match the old in design, color, texture, and, where possible, material; and

[b] Architectural elements that falsify or confuse the history of a building shall be avoided. Replacement of original elements shall be substantiated by documentary and physical evidence. Building owners should find early photographs of their building to best identify its true historic style. These photographs can provide visual evidence of existing or preexisting architectural elements. Property owners are encouraged to consult with the Historical Society or Planning Department about the building and proposed modifications.

(d) Additions.

[1] Historically, a house was expanded incrementally as a family's space requirements grew. Over several generations, additions were added in a manner that was consistent with what had come before but reflective of its own period. Additions shall be designed so that the character of the existing building is not radically changed, obscured, damaged, destroyed, or rendered subordinate to the addition.

[2] Additions shall:

[a] Be differentiated from the existing building with techniques, including but not limited to set backs or offsets from the existing wall plane;

[b] Not obstruct the visual integrity of the original structure;

[c] Be in harmony with the original in size, scale, style and materials; and

[d] Be located where least visible from public view.

(4) Site planning.

(a) General standards.

[1] Building siting, building placement, and setbacks.

[a] Preservation of natural features and vegetation is encouraged. Retain existing stands of trees and terrain where possible.

[b] Building siting shall consider adjacent development.

[2] Orientation to the street. In nearly all circumstances, the building and primary entrance shall be oriented parallel to and close to the street to encourage the creation and/or maintenance of an interesting streetscape and pedestrian activity.

[3] Front yard setbacks.

[a] The front setback of new buildings shall be consistent with neighboring buildings along the street and in the neighborhood; a new building shall not appear out of place because it is placed much closer to or further from the street than other buildings.

[b] If the appropriate front setback is uncertain, the general standard is to keep buildings close to the road, as is typical of traditional village and downtown development.

(5) Servicing standards. Truck access, deliveries, utilities, storage and garbage concealment shall be considered in the design.

(a) Provide adequate space for garbage storage and recycling. Garbage and recycling storage areas shall be enclosed and hidden from public view and/or screened by fences and plants compatible with the architecture of structures on and in the vicinity of the site. Containers shall be made of durable materials and shall be easily accessible to garbage trucks. Adequate ventilation shall be provided.

(b) Service bay design shall be durable. Consider wear and tear on these areas. In order to allow winter garbage pickup, design service bay areas to prevent ice and snow buildup.

(c) If applicable, projects shall include an area for utility services, including but not limited to meters and propane tanks. The area shall be fully screened from the view of the public and adjacent property owners. Incorporate fire hose connections and utility meters in the building design to avoid damage during snow plowing. Confirm transformer location at an early stage of design process in order to minimize visual impact, especially with reference to adjacent properties.

(d) Sufficient truck storage shall be maintained on site to allow efficient delivery service without conflicts while that service is being performed.

(e) Delivery trucks shall be able to operate without blocking public rights-of-way. Pedestrians shall be able to access the development from existing pedestrian walkways with little or no traffic conflict.

(6) Access, parking, and loading standards.

(a) The number of parking spaces shall conform with, but not exceed, the requirements of this chapter.

(b) On a building lot, parking shall be an accessory use to the principal structure, not a dominating feature of the site. Therefore, off-street parking lots shall be sited behind or to the side of buildings. Parking, whether formal or informal, in the front yard of a residential or nonresidential building is not appropriate and is visually detracting.

(c) Off-street parking that is located to the rear of buildings shall be identified with appropriate signage. The provisions of exterior lighting and landscaping, in accordance with this chapter, shall be encouraged.

(7) Site features and landscaped pedestrian walkways standards.

(a) Walkways shall provide a safe, handicap-accessible pedestrian connection between the building, parking, and the street. Connections to adjacent sites or developments shall be provided where appropriate.

(b) Asphalt surfaces shall predominant for sidewalks in the Springvale Village Design District Overlay Zone, but brick, pavers, stamped concrete, stone, and other materials shall be considered to add character or to prevent cracks or shifting bricks/blocks from becoming eyesores or safety hazards.

(8) Fence standards.

(a) Traditional materials, including but not limited to wood, cast- or wrought iron, or stone, shall be recommended. Metal or vinyl fencing that looks like traditional wood or iron fencing may be an acceptable alternative. Chain-link fencing is not appropriate and detracts from the character of the Springvale Village Design District Overlay Zone.

(b) When a fence is proposed in front of a building, it shall be open and low, not exceeding forty-two (42) inches in height, so as not to block views. Fences shall be compatible with the building and neighborhood in style and proportion and shall enhance the streetscape.

(c) More-solid, taller fences are appropriate to provide privacy or safety but should be located where they have minimal visual impact appropriate to the structure and surrounding area. Five (5) to six (6) feet shall be the recommended maximum height.

(d) Wherever fences are located, care shall be taken to modulate the length so as not to create a visual or pedestrian barrier. Landscaping shall be considered in combination with fencing to relieve the visual monotony of a long fence.

(9) Screening and landscaping standards.

(a) The setback area between a building and the street shall be appropriately landscaped so as to contribute positively to the character and image of the Springvale Village Design District Overlay Zone. Lawn, planting beds, and/or plant containers shall be strongly encouraged. Native shade trees shall be the preferred planting along Main Street and major side streets, supplemented with ornamental trees, shrubs, perennials, and annuals to accent pedestrian spaces, building, and site design and to provide visual interest and seasonal color.

(b) Paved or gravel surfaces, even if not for parking, are not appropriate for the front yard/setback area.

(c) In addition to fences, stone walls and hedges shall be appropriate site amenities. Examples of walls or hedges found in Springvale Village Design District Overlay Zone provide visual guidance for appropriate design.

(d) Landscaping and fencing shall not block a vehicle's sight distance for a driveway or other service/access drive and shall allow for pedestrian access from the street to the building and access to off-street parking.

(e) Dumpsters and other trash bins shall be sited to the rear of the primary building, unless this area is environmentally sensitive. Regardless of the location, dumpsters and other trash bins shall be adequately screened with fencing and/or landscaping, if not enclosed in a shed. Other unsightly site features, including utility equipment, shall be screened to the extent possible, without compromising necessary access for maintenance.

(10) Lighting standards.

(a) Illumination levels shall be of sufficient intensity to provide security but not overpower the nightscape. Illumination shall be low level, low glare, shielded, directed downward, and contained on the property. Warm shades of LED lights are encouraged.

(b) These lighting standards shall apply to architectural and exterior light fixtures on a building, porch, deck, pathway, driveway, or on a post.

(c) The intensity and distribution of light shall be taken into account in applying these standards, particularly as it affects neighboring properties and the ambience of the neighborhood or district.

(d) Lamps and light bulbs, in general, shall be fully shielded inside the fixture so that the lamp/bulb itself is not visible from adjacent buildings, or by pedestrians and/or, motorists. A carriage-lamp-style light shall have glass translucent enough to reduce glare.

(e) Up-lighting and facade lighting standards.

[1] Up-lighting, to highlight facades, signs, fountains, waterfalls, and landscaping, shall be minimized to reduce glare and light pollution. Lighting of building facades and significant natural features shall be done judiciously, perhaps limited to special buildings or features that have architectural or cultural significance or character.

[2] For signage, lighting from the ground shall be adequately shielded such as with landscaping.

[3] Landscape lighting, such as wash lighting of trees, is not appropriate within the Springvale Village Design District Overlay Zone.

(11) Signage standards.

(a) Signage shall conform with requirements of this chapter, except as specifically allowed in this section, including § 280-15-11D(10)(n).

(b) Proposed signs shall be of pedestrian scale and orientation and shall be compatible with the general historic period and architectural character of the districts including, but not limited to, general design, arrangement, texture, material, scale, mass, color, and relationship of fore and background. For the purposes of this section, historic period and architectural character includes, but is not limited to, signs which are set into a panel above the ground floor windows. The size and placement of proposed signs shall maintain the proportionate relationship between the signs and building facades and limit the maximum height of the sign equal to the line of the eaves or the bottom of the second story window sill, whichever is lower. An existing panel that is not centered may be adjusted if the building is resided; however, it may not be increased in size and shall maintain the original dimensions.

(c) The removal or alteration of any historic period or architecturally significant signs should be held to a minimum. In the event that replacement of a historic period or architecturally significant sign is necessary, the new sign should attempt to match the sign being replaced in composition, design, color, texture, and other visual qualities and distinctive stylistic features or examples of skilled craftsmanship shall be treated with sensitivity.

(d) Contemporary design for new signs shall not be discouraged if such design is compatible with the size, scale, color, material, and character of the district, structures, or the environment. New signs shall be appropriate to the historic period, style, type, size, and scale of the building and district for which it is proposed and with other signs in the district.

(e) Installation shall not damage or require removal of historic period materials and shall be done in a manner such that signs can be removed without harm to the masonry or architectural detailing.

(f) No more than fifteen percent (15%) of windows shall be covered with temporary window signs.

(g) Graphics painted, etched, or otherwise attached to the outside or exterior of a window shall not cover more than thirty percent (30%) of the window; except that coverage may be allowed up to sixty-five percent (65%) if the graphic is not opaque and provides an attractive screen for views of the interior of the property. If text is no more than twenty (20) square feet or twenty percent (20%) of a graphic attached to a window, whichever is less, and the text is less prominent than the artistry of the graphic, the text shall not be counted toward the measurement of cumulative sign area.

(h) A maximum of twenty-five percent (25%) of total window area of any single storefront may be covered by a combination of permanent and temporary window signs.

(i) Sign material, style and color shall complement the building facade.

(j) Font style shall be encouraged to be consistent with the historic period/traditional lettering style; fonts and lettering that are overly ornate or otherwise unreadable shall be strongly discouraged.

(k) The following sign styles or features are not allowed in the Springvale Village Design District Overlay Zone:

[1] Internally illuminated or translucent plastic signs, flashing elements, or elements that move or change its brightness.

[2] Use of fluorescent or neon colors.

[3] Signs attached to or projecting from the roof.

[4] Signs that mask the architectural details of a building or whose design dominates the building facade.

(l) The following sign styles or features are appropriate for the Springvale Village Design District Overlay Zone:

[1] Wooden signs, or a sign material that has the look of traditional wood signage, including, but not limited to, vinyl as well as traditional wrought-iron signposts or brackets may be appropriate.

[2] Hanging signs, such as from a post or projecting from the building.

[3] Freestanding signs with two (2) posts.

[4] Wall signs on building facades, placed just above the storefront and appropriately proportioned to the front facade.

(12) Architecture standards.

(a) Building mass, scale and height standards.

[1] New buildings or additions to existing buildings shall not be visibly out of scale with neighboring buildings or otherwise out of scale with Springvale Village Design District Overlay Zone.

[2] Building heights shall be compatible with adjacent structures.

[3] The size or bulk of the building shall conform with those nearby; larger buildings shall be broken down architecturally to match the scale, rhythm and proportion of adjacent structures.

[4] The following features, among others, shall be considered as potential elements to help break down building scale: projecting bays, projecting or recessed balconies, and gables and dormers, judiciously utilized to provide interest, individuality, and appropriate scale to new structures; distinct and multiple architectural roof forms, clearly pronounced eaves, distinct parapet designs and cornice treatments; porches, covered walkways, trellises or architectural awnings that provide varying degrees of shade and sun at ground level.

[5] Additional building mass, scale, and height standards. Two (2) to three (3)-story buildings are more traditional in, and shall be encouraged in, the Springvale Village.

(b) Architectural style/character standards.

[1] Building designs and treatments that express corporate, franchise, or trademark identity shall not take precedence over these design standards; such development shall conform to the historic, site design, and architectural considerations in these standards. Corporate or franchise developments shall be compatible with the visual character of the Springvale Village Design District Overlay Zone.

[2] Variation in design. Although there is some variation in architectural styles in the Springvale Village Design District Overlay Zone, new development should be done in a traditional New England Village architectural style. See examples in the Planning Department.

(c) Architectural details.

[1] Craftsmanship, ornamentation, and architectural details shall be strongly encouraged. Architectural details shall include the design features of elements including but not limited to doors, windows, dormers, porches balconies, and decorative details such as cornices, columns, pediments, railings, and similar features. Large or small, these details play a key role in defining the style and character of a building and deserve particular attention and respect.

[2] Detailing that relates to and reflects the character of the area shall be encouraged. Vernacular architectural features help tie together the character of the Sanford Downtown and Springvale Village Design District Overlay Zones.

[3] Roof design standards. Roof design is important for snow management and is a major contributor to design character. Roofscapes are important design elements that are viewed by pedestrians. Sloped roofs shed accumulated snow in avalanche fashion and can be dangerous to pedestrians below. The design of roofs and pedestrian areas below them is referred to as snow management and is discussed in this subsection.

[a] The angle of a sloped roof should be typical of traditional New England architecture, approximating twelve to twelve (12:12) pitch. A sloped roof with a flattened pitch is generally not appropriate for the Springvale Village Design District Overlay Zone.

[b] Sloped gable or hip roofs are most appropriate for the Springvale Village Design District Overlay Zone. Gambrel, shed, mansard, false mansard, or flat roofs are not allowed.

[c] Dormers are an effective way to break up the mass of a sloped roof and add architectural interest and are a typical feature of New England architecture. Dormers shall be of an appropriate proportion and size relative to the building.

[4] Street facade standards.

[a] The front facade of both residential and nonresidential buildings, particularly the main entrance, shall be oriented to Main Street, or another primary street frontage if it does not front on Main Street. If an existing main entrance is not located along the primary frontage, the front facade shall be appropriately designed to contribute to the pedestrian-friendly character.

[b] For buildings that are sited on a corner lot which fronts on more than one (1) street, the front facade shall be oriented toward the primary street frontage, while a secondary entrance or other appropriate facade treatment is strongly encouraged for the side street.

[5] Entrance standards.

[a] Principal building entrances shall be accented, and easily visible from the street, to contribute to the pedestrian-friendly character. This may be achieved through the design of the doorway and doorway architectural treatments, by recessing the entry, by adding a porch or pediment for the front door providing shelter or by other means to enhance the entrance.

[b] Service entrances and loading facilities should be located at the rear or side of structures and screened from public view. Where buildings face more than one (1) public street, service and loading circulation shall be located along secondary streets where appropriate. Where no off-street options are available, loading and service entrances located along public streets shall occupy the minimum space necessary and be compatible with the other uses of the street, including pedestrian activities and retail development.

[6] Proportion and spacing of openings, including but not limited to windows and doors.

[a] Blank exterior walls without doors, windows, or other architectural features to break up a building's mass shall be avoided. Street facades in particular shall not be blank but have an appropriate rhythm of windows and doors.

[b] Windows and doors shall be appropriately scaled, vertically oriented, and placed in a regularly spaced pattern. Symmetry of openings on the street facade is traditional, though not essential.

[c] False windows are discouraged; however, where the interior layout or function of a building does not accommodate windows, the judicious use of false windows may be acceptable. The use of other architectural or natural elements including but not limited to, murals or plantings, which offer vertical contrast, may be an acceptable alternative; however, the quality, subject, and maintenance of murals should be carefully considered.

[7] Windows and window treatments standards.

[a] Avoid modern window styles that are not compatible with traditional New England architecture.

[b] Square or vertical windows, with large window openings are preferred.

[c] The style of window shall be consistent throughout the building or addition. Visual unity and harmony are usually achieved when the same window style and scale is used consistently on all visible facades.

[d] Shutters shall reflect their original use. That is, their size shall be such that they will cover the entire window if closed; arched windows shall have arched shutters. Shutters shall be hung so as to appear operable, and shutter dimensions shall be based on window dimensions. The slats shall point up when shutters are open, and down when closed over the window.

[e] Awnings shall not detract from the form of the building or obscure its details. Traditional canvas awnings shall be encouraged; plastic or metal awnings shall be discouraged.

[8] Porch standards.

[a] Size, proportions, style, detailing, decorations, and features such as columns and railings are important elements of a porch design. Whether on a residential or nonresidential building, the design shall be consistent with the architecture and scale of the rest of the building. Other porches found in the Springvale Village Design District Overlay Zone should provide visual guidance for appropriate architectural design and features.

[b] Decks and patios shall be located at the rear or side of a building and, if visible from a public way, shall be compatible visually with the design of the structure. Appropriate vegetative screening shall be provided.

[9] Exterior building materials.

[a] Traditional exterior building materials, including wood clapboard, native stone, or brick, are most appropriate and strongly encouraged.

[b] Concrete block and metal siding are not allowed; the use of concrete should be restricted to foundations. Stucco is not traditional for the Springvale Village Design District Overlay Zone and is not allowed.

[c] Synthetic or imitation materials, including but not limited to vinyl siding, may be acceptable if they replicate traditional materials. As other new materials are developed that are indistinguishable from natural or traditional products, they may be considered favorably.

[10] Paint and exterior color standards.

[a] Traditional New England building colors shall be strongly encouraged. Bright or electric colors shall not suitable for siding or trim. Softer or muted colors, light or dark, tend to be more traditional. Matching colors with neighboring buildings is not necessarily encouraged, but choosing a color palate that does not clash with adjacent buildings.

[b] A well-selected color palate can greatly enhance a building's character, in addition to architectural details. Appropriate accent colors shall be chosen for the trim, doors, and other architectural elements.

[11] Accessory structure standards.

[a] Accessory structures, including but not limited to a garage or shed, shall be set back from the street further than the front facade of the principal structure so that the principal structure is more prominent.

[b] Adding trim, windows and other architectural details to accessory structures shall be strongly encouraged to bring them into scale and visual harmony with the principal structure. For example, a garage might feature the same siding, color scheme and trim, even window style, as the principal structure.

[12] Gas station canopy and drive-through standards.

[a] New or replaced canopies over gas pumps shall be visually sensitive to the neighborhood in color and design. Use of bright colors shall be discouraged. Canopy design shall be encouraged to be architecturally compatible with the principal structure, if appropriate, and the preferred Springvale Village Design District Overlay Zone architectural character described in these standards.

[b] Canopies and drive-throughs shall be aligned to the building and sited to conform to all other setback and traffic circulation requirements.

§ 280-15-12 Solar energy system.

[Added 3-7-2017 by Order No. 17-31.07; amended 4-7-2020 by Order No. 19-772-01]

A. Purpose. The purpose of these provisions is to regulate a solar energy system, allow the City to be informed of the placement of a solar energy system, preserve and protect public health and safety, allow for orderly development of land, and protect property values.

B. Standards.

(1) A residential solar system (RSS) shall:

(a) Comply with the setback and height requirements of the zoning district in which the system is to be installed.

(b) Comply with the provisions of all applicable requirements of the City's building, electrical, fire, and other health safety and technical codes, including but not limited to Chapters 90: Building and Building Regulation and 128: Fire Prevention.

(c) Be installed so as not to cause any wire or wireless communication signal disturbance.

(d) Be sited to prevent glare onto abutting properties, structures, and roadways.

(e) Be removed if it has not produced power for a period of twelve (12) consecutive months.

(2) Standards. A commercial solar system (CSS) and utility solar system (USS) shall:

(a) Comply with the requirements of Article XVI: Site Plan Review.

(b) Comply with the setback and height requirements of the zoning district in which the system is to be installed; however, the Planning Board may require additional setbacks and buffers from existing abutting residential uses to minimize impacts from the project.

(c) Comply with the provisions of all applicable requirements of the City's building, electrical, fire, and other health safety and technical codes, including but not limited to Chapters 90: Building and Building Regulation and 128: Fire Prevention.

(d) Comply with the industrial performance standards specified in § 280-15-3.

(e) Ground-mounted system.

[1] Secure all ground-mounted electrical and control equipment to prevent unauthorized access. The system shall be enclosed within a minimum seven (7) foot tall fence with locking gate and Knox-Box^® to provide emergency access. The type of fence shall be appropriate for security, screening, and/or other purposes and shall be similar to and/or compatible with the style of fences used within one-thousand (1,000) feet of the property boundary.

[2] A ground-mounted system in the Rural Residential Zone (RR) shall comply with the standards specified in § 280-15-12B(2)(l).

[3] A ground-mounted system in the Residential Development Overlay Zone shall comply with the standards specified in § 280-15-12B(2)(m).

[Added 5-3-2022 by Order No. 21-494-01]

(f) Install all electrical wire and utility connections, except for transformers and controls, underground to the greatest practical extent. The Planning Board shall consider prohibitive costs and site limitations if asked to waive this standard.

(g) Limit exterior lighting to that required for safety and operational purposes.

(h) All signs shall meet the specifications of § 280-14-13.

(i) Be appropriate to the surroundings and minimize environmental and visual impacts on adjoining properties, including:

[1] Screening ground-mounted installations from view by abutting residential properties, using vegetation, topography, and/or fencing.

[2] Using a manufactured finish appropriate to and compatible with the surroundings, with reflective characteristics that minimize negative visual impacts to the greatest practical extent.

(j) Shall plant native, non-invasive groundcover, which is low-maintenance, drought resistant, and non-fertilizer dependent, under and between rows of solar panels to prevent soil erosion.

[Added 5-3-2022 by Order No. 21-494-01[1]]

[1] Editor's Note: This order also redesignated former Subsection B(2)(j) through (l) as Subsection B(2)(k) through (m), respectively.

(k) Be removed if it has not produced power for a period of twelve (12) consecutive months. In the event of a natural disaster, act of violence, or other event which results in the absence of electrical generation for twelve (12) months, by the end of the twelfth (12th) month of nonoperation the applicant shall demonstrate to the City that the project shall be substantially operational and producing electricity within twenty-four (24) months of the event. If such demonstration is not made to the City's satisfaction, the decommissioning shall be initiated eighteen (18) months after the event.

(l) A performance guarantee in compliance with Article XVII shall be provided prior to initiating construction. The performance guarantee shall provide adequate funds to cover the total cost of decommissioning. Every five (5) years after the start of construction, updated proof of the cost of decommissioning shall be submitted to the City Engineer. If the amount of the current performance guarantee is inadequate to cover the total cost of decommissioning, the applicant shall provide a new performance guarantee to the Planning Department in an amount which is adequate to cover the total cost of decommissioning.

(m) A USS in the Rural Residential Zone (RR) shall require conditional use approval by the Planning Board in accordance with Articles XIII and XVI and the following standards:

[1] Shall not be sited on active farmland.

[2] Shall minimize impacts on active farmland including, but not limited to, fencing, use of waterways, obstructions created by placement of structures and/or overhead collection lines, division of larger fields into smaller or irregularly shaped fields, need for extensive areas of cut and fill, among other factors that create a burden or unreasonable impact on active farming activities.

[3] Shall encourage siting on unproductive land and previously disturbed land to the greatest extent possible. All topsoil disturbed during construction shall be stockpiled and returned to the site.

[4] Shall locate access roads and overhead collection lines along the edge of agricultural fields in areas next to field boundaries and hedgerows and in nonagricultural portions of the site. The width of access roads shall be no larger than that required to meet the fire code. Access roads that are proposed to be constructed through agricultural fields shall be level with the adjacent field surfaces, where possible.

[5] Shall demonstrate how the site shall be restored to its original state, including surface grade, soil, and vegetation, as part of removal of infrastructure and decommissioning.[2]

[2] Editor's Note: Former Subsection B(2)(m)[5], which required the planting of certain kinds of plants between rows of solar panels, was repealed 5-3-2022 by Order No. 21-494-01. For current provisions, see Subsection B(2)(j) of this section. Order No. 21-494-01 also renumbered former Subsection B(2)(m)[6] as Subsection B(2)(m)[5].

(n) A USS in the Residential Development Overlay Zone (RDO) shall require conditional use approval by the Planning Board in accordance with Articles XIII and XVI and the following standards:

[1] Shall not be sited on properties where public sewer and water services can be extended and a compact pattern of residential development can feasibly be developed in conformance with the purpose of the RDO Zone.

[2] Shall minimize impacts on nearby existing residential development and/or residential zones, including, but not limited to siting, fences, buffers, and/or screens.

[3] Shall locate access roads and overhead collection lines to minimize impacts on nearby existing residential development and/or residential zones.

[4] Shall demonstrate that stormwater, erosion control, and landscape plans maintain water quality and minimize export of sediment, phosphorus, and other contaminants from the site in support of the City’s efforts to restore Goodall Brook by protecting the headwaters of Goodall Brook and vulnerable water bodies in its watershed.

§ 280-15-13 Accessory dwelling units (ADUs).

[Added 12-3-2019 by Order No. 19-168-01; amended 1-16-2024 by Order No. 23-516-01]

A. Purpose. The purpose of these provisions are to regulate the construction of accessory dwelling units (ADUs), to assist in meeting the stated Housing Goals of the Maine Department of Economic and Community Development, and to provide the residents of Sanford alternative housing options.

B. Applicability.

(1) ADUs shall be allowed in any zone which allows residential uses.

(2) Unless specified in § 280-15-13, the ADU shall conform to the standards of the zone in which it is located.

(3) Unless specified in § 280-15-13, all regulations pertaining to overlay zones affecting the subject parcel shall also apply to the ADU.

(4) The creation of an ADU within a preexisting nonconforming structure is permitted provided that it does not increase the nonconformity of the structure and meets all other standards of this chapter.

(5) All ADUs shall conform to Chapter 265: Floodplain Management, Chapter 270: Shoreland Zoning, and Chapter 275: Subdivision of Land.

(6) The Code Enforcement Officer, with concurrence of the Planning Director, shall find that an ADU conforms to the standards of § 280-15-13. The Code Enforcement Officer may elevate the review of ADU application based on the size or complexity of the project, in conformance with § 280-16-5.

C. Standards.

(1) Growth zone. Within the Growth Zone of the City's Comprehensive Plan on record at the time of application, there shall be allowed up to two (2) ADUs on a parcel. For all other parcels, there shall be allowed one (1) ADU per parcel.

(2) Configuration. An ADU may be created in any of the following ways:

(a) Using space within the interior of an existing dwelling;

(b) Building an addition onto an existing dwelling such that the addition is made part of the principal structure or is attached to the principal structure by a breezeway not exceeding twenty feet (20) in length; or

(c) Building a new detached structure or renovating an existing free standing structure.

(3) Principal dwelling structure. An ADU must be constructed in reference to a principal dwelling structure located on the same lot or parcel. A principal dwelling structure may be any of the following:

(a) A single-family dwelling;

(b) A two-family dwelling; or

(c) A multifamily dwelling having less than five (5) individual dwelling units.

(4) Size. In no case shall an ADU occupy more than forty percent (40%) of the living area of the principal dwelling structure or one thousand (1,000) square feet, whichever is greater, or have more than three (3) bedrooms.

(5) Density. An ADU shall not be counted as a unit when calculating units per acre.

(6) Parking. There are no off-street parking requirements for an ADU. If parking spaces are designated, they shall be provided in conformance with § 280-14-12.

(7) Ownership. The principal dwelling structure and the accessory dwelling unit(s) shall be in the same ownership. An ADU shall not be sold separately from the principal dwelling structure.

(8) Owner occupancy. The owner of the property shall occupy either the principal dwelling structure or the ADU. An applicant shall submit a written statement indicating which unit will be owner occupied to the Code Enforcement Officer. Continued occupancy of an ADU upon sale or transfer of the property shall be conditioned on the new owner agreeing to the owner occupancy requirement.

(9) Buffering. If an addition or new construction is proposed, the orientation of an ADU shall, to the maximum extent practical, maintain the privacy of residents in abutting properties as determined by the physical characteristics surrounding the ADU, including but not limited to landscaping, screening, fencing, and window and door placement. The Code Enforcement Officer may require additional landscaping or buffering to preserve privacy of abutting residential properties. If the applicant disagrees with the Code Enforcement Officer's requirement for additional landscaping or buffering, he or she may request that the proposal be reviewed by the Planning Board.

§ 280-15-14 Affordable Housing Density Bonus.

[Added 3-5-2024 by Order No. 24-16-01]

A. Purpose. The purpose of the Affordable Housing Density Bonus is to provide options for housing developments that qualify as affordable using metrics set by the U.S. Department of Housing and Urban Development (HUD). The provisions in this chapter support alternate residential development options which are not restricted to any one zoning district.

B. Applicability.

(1) Affordable Housing is defined by 30-A M.R.S. § 4364 as:

(a) For rental housing, a development in which a household whose income does not exceed 80% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford 51% or more of the units in the development without spending more than 30% of the household’s monthly income on housing costs; and

(b) For owned housing, a development in which a household whose income does not exceed 120% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford 51% or more of the units in the development without spending more than 30% of the household’s monthly income on housing costs.

(2) The Affordable Housing Density Bonus is available in any zone which allows multifamily residential development.

(3) The Affordable Housing Density Bonus may only be used if the development is located within the Growth Zone of the City’s Comprehensive Plan on record at the time of application, or served by public water and sewer services.

(4) Unless specified in § 280-15-14, the development shall conform to the standards of the zone in which it is located.

(5) Unless specified in § 280-15-14, the development shall conform to the standards of all overlay zones in which it is located.

(6) Unless specified in § 280-15-14, Affordable Housing Developments shall conform to Chapter 265, Floodplain Management, Chapter 270, Shoreland Zoning, and Chapter 275, Subdivision of Land.

(7) The Code Enforcement Officer, with concurrence of the Planning Director, shall find that an Affordable Housing Development conforms to the standards of § 280-15-14. The Code Enforcement Officer may elevate the review of the application based on the size or complexity of the project, in conformance with § 280-16-5.

C. Standards.

(1) Density. The total residential density may be no greater in an Affordable Housing Development than 2.5 times the base density normally permitted in the zone in which the development is proposed.

(2) Parking requirements. Parking provided for the Affordable Housing Development shall be in conformance with § 280-14-12, Off-street parking, but in no instance shall the number of required parking spaces exceed two parking spaces for every three dwelling units.

(3) Existing density bonus. The Planning Board may elect to approve an Affordable Housing Development which meets any or all of the standards of the stated density bonus of the underlying zone if the development meets all other development standards of that zone.

(4) Affordability. The Affordable Housing Development shall comply with the income restrictions and standards as defined by the U.S. Department of Housing and Urban Development. The total breakdown of units must be identified in a table on the site plan and designate if units are to be rentals or home-ownership units.

§ 280-15-15 Campgrounds

[Added 11-12-2024 by Order No. 24-401-01]

A. Purpose. The purpose of the campgrounds ordinance is to allow for the safe and enjoyable use of nature and rural characteristics of Sanford by those choosing to stay in a campground, while promoting the general welfare of area residents.

B. Applicability.

(1) Campgrounds shall be allowed in zones as identified in the Table of Land Uses.[1]

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

(2) Campgrounds shall conform to Chapter 265: Floodplain Management and Chapter 270: Shoreland Zoning.

(3) No person shall use a tenure of any length of time at a campground to establish residency in the City of Sanford.

C. Standards.

(1) Minimum lot size. The minimum lot size for any campground is five (5) acres.

(2) Minimum setbacks. The minimum setback of any campground site, structure, or parking area within a campground shall be:

(a) In conformance with the underlying zone where the campground abuts a nonresidential use.

(b) Seventy-five (75) feet from the property line of a residential use, except that the campground office and/or store shall adhere to the setbacks of the underlying zone.

(3) Buffering. A vegetated buffer a minimum of eight (8) feet high and fifty (50) feet wide shall be required for campgrounds, except that:

(a) Other buffering and/or fencing options may be allowed as determined by the Planning Board due to topography, wetlands, wildlife habitat, or other site constraints;

(b) A note may be added to the site plan referencing the book and page number of a signed agreement between the owners of the abutting property and the campground for a reduced buffer as recorded with the York County Registry of Deeds; and,

(c) Access paths and roadways may traverse the vegetated buffer if the vegetated buffer is relocated or enhanced to provide adequate coverage, as determined by the Planning Board.

(4) Off-street parking. A minimum of two hundred (200) square feet per campground site shall be allotted for off-street parking.

(5) Signage. Campground sites shall be physically labeled or numbered with signage or other markers that correspond to the approved site plan. This signage shall not count towards the total allowable signage of a commercial use.

(6) Seasonality. A campground shall be allowed to operate only between the dates of April 15 and November 1 of any given calendar year.