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.
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.
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.
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.
[Amended 12-20-2016 by Order No. 16-158.07; 2-20-2018 by Order No. 17-188-01; 2-20-218 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]
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, Marijuana Legalization Act, and state administrative rules, as appropriate.
[Amended 5-5-2020 by Order No. 19-874-01; 1-19-2021 by Order No. 20-226-01]
(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, Marijuana Legalization Act, and state administrative rule, as appropriate. No outdoor cultivation is allowed for a marijuana production facility.
[Amended 5-5-2020 by Order No. 19-874-01; 1-19-2021 by Order No. 20-226-01]
(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, Marijuana Legalization Act, or state administrative rules, as appropriate, and the sale of marijuana paraphernalia is prohibited.
(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, Marijuana Legalization Act, or state administrative rules.
(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, Marijuana Legalization Act, 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.
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:
[Amended 2-20-2018 by Order No. 18-115-01; 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]
(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, Marijuana Legalization Act, and state administrative rules, as appropriate.
[Amended 9-20-2022 by Order No. 22-440-01]
(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, Marijuana Legalization Act, and state administrative rules, as appropriate. A licensed marijuana property or medical marijuana production facility may include an office space, located on one of the licensed marijuana properties, for the purposes of consulting with and distributing medical marijuana to qualifying patients if offices are allowed in the zoning district and 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). This office space 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, 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) The caregiver shall meet with patients in the office by appointment only. No drop in appointments shall be allowed. At any point in time, scheduled appointments shall not generate a number of patients that exceeds 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) The caregiver shall maintain a log of appointments, client identification number (name of client shall remain private), purpose of appointment, and whether appointment was kept. The log shall be made available to the Code Enforcement Officer upon request.
(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.
[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.
[2] Geology/soils conditions.
[3] Hydrology, drainage, and floodplain considerations.
[5] Solar orientation and microclimatic considerations.
[6] Access and circulation: pedestrian and vehicular.
(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.
[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.
(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]
(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.
(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.
[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.
[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 development 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 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.