District location. The districts identified in § 120-401 are located and bounded as shown on the Official Land Use District Map, entitled "Land Use Map of Windham, Maine," dated May 25, 1976, as amended from time to time, and on file in the office of the Municipal Clerk. Said map is hereby incorporated in and made part of this chapter.

The Official Land Use Map shall be filed in the office of the Municipal Clerk. Copies of the Land Use Map may be filed in the Assessing, Code Enforcement, or Planning Department.

§ 120-403 Uncertain boundary locations.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the Land Use Map, the following rules shall apply:

Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to be following such center lines.

Boundaries indicated as approximately following well-established lot lines shall be construed as following such lot lines.

Boundaries indicated as approximately following municipal lines shall be construed as following municipal limits.

Boundaries indicated as following railroad lines, power lines, or pipelines shall be construed as following such lines.

Boundaries indicated as following shorelines shall be construed as following such shorelines and, in the event of natural change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center line of streams, rivers, canals, lakes or other bodies of water shall be construed as following such center lines.

Boundaries on the Land Use Map indicated as being parallel to, or extensions of, features indicated in Subsections A through E, above, shall be determined by the scale of the map.

Where physical features existing on the ground are at variance with those shown on the Land Use Map, or in other circumstances not covered by Subsections A through E, above, the Board of Appeals shall interpret the district boundaries.

§ 120-404 Division of lots by districts.

Where a land use district boundary line divides a lot or parcel of land of the same ownership, the following standards shall apply: The regulations applicable to the less restricted portion of the lot may not be extended more than 50 feet into the more restricted portion of the lot; however, extension of the regulations applicable to the less restricted portion of the lot may be extended more than 50 feet subject to approval by the Board of Appeals. The Board of Appeals shall use the standards for a variance in § 120-1106 in making its decision.

§ 120-405 Shoreland zoning districts.

The following zoning districts shall be governed by the provisions of Chapter 185, Shoreland Zoning:

Resource Protection District (RP).

General Development District (GD).

Limited Residential District (LR).

Stream Protection District (SP).

§ 120-406 Farm District (F).

Intent. The Farm District is intended primarily for rural and residential land uses. Development is restricted in order to protect farmlands, woodlands, open space, wildlife habitat and scenic areas.

Permitted uses. The following uses, as they are defined in Article 3, shall be permitted in the Farm District as a matter of right. Refer to Article 5, Performance Standards, or Subsection F, District standards, for additional use information.

[Amended 5-26-2020 by Order 20-048; 10-13-2020 by Order 20-211; 8-15-2023 by Order No. 23-150]

Agriculture

Agriculture, piggery

Agriculture, poultry facility

Building, accessory

Campground, commercial

Campground, personal

Cemetery

Child care, family home

Contractor services, landscaping

Contractor storage yard

Dwelling, single-family detached

Dwelling, two-family

Dwelling, multifamily

Farm enterprise

Forestry

Golf course

Home occupation 1

Home occupation 2

Kennel, minor

Medical marijuana registered caregiver

Medical marijuana registered caregiver (home occupation)

Mineral extraction

Place of worship

Public building

Research laboratory

Retail sales, nursery

Riding stable

Sawmill, permanent

Sawmill, temporary

Shipping container

Solar energy systems – roof-mounted, small, medium and large scale

Solar energy systems – ground-mounted, small scale

Use, accessory

Wireless telecommunications tower and facility

Conditional uses. The following uses, as defined in Article 3, shall be allowed as a conditional use in accordance with § 120-516. Refer to Article 5, Performance Standards, or Subsection F, District standards, for additional use information.

(1)

Assisted living facility.

(2)

Bed-and-breakfast Inn.

(3)

Boarding home for sheltered care.

Kennel, major.

Medical office.

Nursing home.

Public utility facility.

(8)

Recreation facility, indoor.

(9)

Recreation facility, outdoor.

(10)

Retail sales, convenience.

(11)

Rooming house.

(12)

Solar energy systems – ground-mounted, medium scale.

[Added 8-15-2023 by Order No. 23-150]

(13)

Solar energy stems – ground-mounted, large scale.

Prohibited uses. Uses that are not expressly enumerated herein as either permitted uses or conditional uses are prohibited.

Dimensional standards. The following dimensional standards shall apply in the Farm District:

[Amended 12-16-2014 by Order 14-491; 6-9-2020 by Order 20-140]

(1)

Minimum lot size:

(a)

Standard: 80,000 square feet.

(b)

Conservation subdivision:

[1]

All subdivision lots connected to public water: 30,000 square feet.

[2]

Subdivision served by wells or a private system: 30,000 square feet.

(c)

Country subdivision: six acres.

(d)

Rooming house: four acres.

(2)

Net residential density: 60,000 square feet.

(a)

Country subdivision: 250,000 square feet.

(3)

Minimum frontage:

(a)

Standard: 200 feet.

(b)

Conservation subdivision: 100 feet.

(c)

Conservation subdivision, where frontage is entirely on cul-de-sac: 50 feet.

(4)

Minimum front setback:

(a)

Standard: 40 feet.

[1]

The minimum front setback of a lot may be reduced to the average setback distance of the existing buildings located on the lots to either side of said lot.

[2]

The minimum front setback of a lot may be increased in accordance with buffers along streets standard in § 120-511, Buffer yard.

[Added 10-13-2020 by Order 20-210; amended 8-15-2023 by Order No. 23-149]

(b)

Conservation subdivision: 25 feet.[1]

[1]

Editor's Note: Former Subsection E(4)(c), regarding nonresidential use buffer strips, was repealed 8-15-2023 by Order No. 23-149.

(5)

Minimum side setback:

(a)

Standard: 10 feet.

(b)

Conservation subdivision: 10 feet.

(6)

Minimum rear setback:

(a)

Standard: 10 feet.

(b)

Conservation subdivision: 10 feet.

(7)

Maximum building height: 35 feet.

(a)

Agriculture, public buildings, church steeples: no limit.

(8)

Maximum building coverage: 25%.

District standards. In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Farm District:

(1)

Automobile repair services in existence prior to August 7, 2014.

[Amended 7-8-2014 by Order 14-164]

(a)

All repair operations shall be conducted inside an enclosed building.

(b)

No more than three vehicles shall be serviced or stored on the property at any one time.

(c)

Hours of operation shall be Monday through Saturday from 8:00 a.m. to 5:00 p.m.

(2)

Conservation subdivision. (See Article 9, Subdivision Review.) All submissions for subdivisions in the Farm District must be designed as a conservation subdivision or a country subdivision.

[Amended 12-16-2014 by Order 14-491; 1-15-2019 by Order 18-257; 6-9-2020 by Order 20-140]

(3)

Curb cuts. See § 120-522, Curb cuts and driveway openings, in Article 5, Performance Standards, for standards applicable to the Farm District.

(4)

Dwelling, multifamily. This use shall only be allowed for the conversion of an existing dwelling or accessory building that was in existence prior to May 13, 1986. The following standards shall apply:

[Amended 11-14-2023 by Order No. 23-213]

(a)

No more than three dwelling units may be created per lot.

(b)

All dwelling units shall have a minimum area of 500 square feet.

(5)

Medical office. See § 120-538, Medical office, in Article 5, Performance Standards, for size limitations.

(6)

Research laboratory. This use in the Farm District must conduct investigative research that is primarily related to the items defined in the definition of "agriculture." Refer to Article 3, Definitions.

(7)

Contractor services, landscaping. This use shall be an accessory use to a retail sales, nursery use under the following conditions:

(a)

The contractor services, landscaping and contractor storage yard use shall not exceed 50% of the gross area (both interior and exterior areas) occupied by the principal retail sales, nursery use.

(8)

Buffer requirements for specific nonresidential uses. See § 120-511, Buffer yard, in Article 5, Performance Standards, for requirements.

[Amended 8-15-2023 by Order No. 23-149]

(9)

Buffers along streets. See § 120-511, Buffer yard, in Article 5, Performance Standards, for requirements.

[Added 10-13-2020 by Order 20-210; amended 8-15-2023 by Order No. 23-149]

§ 120-407 Farm-Residential District (FR).

Intent. The Town, as a rapidly growing community, recognizes that certain areas of the Town will experience residential growth while the basic rural agricultural orientation remains. It is the intent of this chapter to allow these uses to coexist and develop harmoniously.

Permitted uses. The following uses, as they are defined in Article 3, shall be permitted in the Farm-Residential District as a matter of right. Refer to Article 5, Performance Standards, or Subsection F, District standards, for additional use information.

[Amended 12-14-2010 by Order 10-230; 5-26-2020 by Order 20-048; 10-13-2020 by Order 20-211]

(1)

Agriculture.

(2)

Building, accessory.

(3)

Campground, commercial.

(4)

Campground, personal.

(5)

Cemetery.

(6)

Child care, family home.

(7)

Dwelling, two-family.

(8)

Dwelling, multifamily.

(9)

Dwelling, single-family detached.

Farm enterprise.

Forestry.

Golf course.

Home occupation 1.

Home occupation 2.

Kennel, minor.

Medical marijuana registered caregiver.

(17)

Medical marijuana registered caregiver (home occupation).

Mineral extraction.

Place of worship.

Public building.

Sawmill, temporary.

Shipping container.

Use, accessory.

Wireless telecommunications tower and facility.

(25)

Solar energy system – roof-mounted, small, medium, and large scale.

[Added 8-15-2023 by Order No. 23-150]

(26)

Solar energy system – ground-mounted, small scale.

[Added 8-15-2023 by Order No. 23-150]

(1)

Agriculture, piggery.

(2)

Agriculture, poultry facility.

(3)

Assisted living facility.

(4)

Bed-and-breakfast inn.

(5)

Boarding home for sheltered care.

Kennel, major.

Medical office.

Nursing home.

Public utility facility.

(10)

Recreation facility, indoor.

(11)

Recreation facility, outdoor.

(12)

Retail sales, convenience.

(13)

Retail sales, nursery.

(14)

Riding stable.

(15)

Sawmill, permanent.

(16)

Solar energy system – ground-mounted, medium scale.

[Added 8-15-2023 by Order No. 23-150]

(17)

Solar energy system – ground-mounted, large scale.

[Added 8-15-2023 by Order No. 23-150]

Prohibited uses. Uses that are not expressly enumerated herein as either permitted uses or conditional uses are prohibited.

Dimensional standards. The following dimensional standards shall apply in the Farm-Residential District:

[Amended 12-16-2014 by Order 14-491; 6-9-2020 by Order 20-140]

(1)

Minimum lot size:

(a)

Standard: 50,000 square feet.

(b)

Conservation subdivision:

[1]

All subdivision lots connected to public water: 20,000 square feet.

[2]

Subdivision served by wells or a private system: 20,000 square feet.

(c)

Country subdivision: six acres.

(2)

Net residential density: 40,000 square feet.

(a)

Country subdivision: 250,000 square feet.

(3)

Minimum frontage:

(a)

Standard: 150 feet.

(b)

Conservation subdivision: 75 feet.

(c)

Conservation subdivision, where frontage is entirely on cul-de-sac: 50 feet.

(4)

Minimum front setback.

(a)

Standard: 30 feet.

[1]

The minimum front setback of a lot may be reduced to the average setback distance of the existing buildings located on the lots to either side of said lot.

[2]

The minimum front setback of a lot may be increased in accordance with streetscape landscaping standard below.

[Added 10-13-2020 by Order 20-210; amended 8-15-2023 by Order No. 23-149]

(b)

Conservation subdivision: 25 feet.[1]

[1]

Editor's Note: Former Subsection E(4)(c), regarding nonresidential use buffer strips, was repealed 8-15-2023 by Order No. 23-149.

(5)

Minimum side setback:

(a)

Standard: 10 feet.

(b)

Conservation subdivision: 10 feet.

(6)

Minimum rear setback:

(a)

Standard: 10 feet.

(b)

Conservation subdivision: 10 feet.

(7)

Maximum building height: 35 feet.

(a)

Agriculture, public buildings, church steeples: no limit.

(8)

Maximum building coverage: 20%.

District standards. In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Farm-Residential District:

(1)

Agriculture, poultry facility. A facility may raise 25 or fewer birds at any one time.

(2)

Agriculture, piggery. Piggeries shall conform with the standards for "agriculture, piggery" in § 120-503 of the Performance Standards.

(3)

Conservation subdivision. (See Article 9, Subdivision Review). All submissions for subdivisions in the Farm-Residential District must be designed as a conservation subdivision or a country subdivision.

[Amended 12-16-2014 by Order 14-491; 1-15-2019 by Order 18-257; 6-9-2020 by Order 20-140]

(4)

Curb cuts. See § 120-522, Curb cuts and driveway openings, in Article 5, Performance Standards, for standards applicable to the Farm-Residential District

(5)

[Amended 11-14-2023 by Order No. 23-213]

(a)

No more than three dwelling units may be created per lot.

(b)

All dwelling units shall have a minimum area of 500 square feet.

(6)

Medical office. See § 120-538, Medical office, in Article 5, Performance Standards, for size limitations.

(7)

Buffer requirements for specific nonresidential uses. See § 120-511, Buffer yard, in Article 5, Performance Standards, Table 2 for requirements.

[Amended 8-15-2023 by Order No. 23-149]

(8)

Buffer along streets. See § 120-511, Buffer yard, in Article 5, Performance Standards, Table 2.

[Added 10-13-2020 by Order 20-210; amended 8-15-2023 by Order No. 23-149]

§ 120-408 Light-Density Residential District (RL).

Intent. It is the intent of this district to ensure the proper development of residential areas by encouraging the formation of community units while developing, protecting, and preserving open spaces.

Permitted uses. The following uses, as they are defined in Article 3, shall be permitted in the Light-Density Residential District as a matter of right. Refer to Article 5, Performance Standards, or Subsection F, District standards, for additional use information:

[Amended 5-26-2020 by Order 20-048]

Agriculture.

Building, accessory.

Cemetery.

Child care, family home.

(5)

Dwelling, single-family detached.

(6)

Dwelling, two-family.

(7)

Dwelling, multifamily.

Forestry.

Home Occupation 1.

Home Occupation 2.

Medical marijuana registered caregiver.

(12)

Medical marijuana registered caregiver (home occupation).

Place of worship.

Public building.

Sawmill, temporary.

Shipping container.

Use, accessory.

Wireless telecommunications tower and facility.

(19)

Solar energy system – roof-mounted, small, medium and large scale.

[Added 8-15-2023 by Order No. 23-150]

(20)

Solar energy system – ground-mounted, small scale.

[Added 8-15-2023 by Order No. 23-150]

(21)

Solar energy system – ground-mounted medium scale.

[Added 8-15-2023 by Order No. 23-150]

(1)

Assisted living facility.

(2)

Bed-and-breakfast inn.

(3)

Boarding home for sheltered care.

Hotel.

Nursing home.

Medical office.

Mineral extraction.

Motel.

Public utility facility.

(10)

Recreation facility, indoor.

(11)

Recreation facility, outdoor.

(12)

Retail sales, convenience.

(13)

Retail sales, nursery.

(14)

Solar energy system – ground-mounted, large scale.

[Added 8-15-2023 by Order No. 23-150]

Prohibited uses. Uses that are not expressly enumerated herein as either permitted uses or conditional uses are prohibited.

Dimensional standards. The following dimensional standards shall apply in the Light-Density Residential District:

[Amended 12-16-2014 by Order 14-491; 6-9-2020 by Order 20-140]

(1)

Minimum lot size:

(a)

Standard: 40,000 square feet.

(b)

Conservation subdivision:

[1]

All subdivision lots connected to public water: 20,000 square feet.

[2]

Subdivision served by wells or a private system: 20,000 square feet.

(2)

Net residential density: 30,000 square feet.

(3)

Minimum frontage:

(a)

Standard: 150 feet.

(b)

Conservation subdivision: 75 feet.

(c)

Conservation subdivision, where frontage is entirely on cul-de-sac: 50 feet.

(4)

Minimum front setback:

(a)

Standard: 30 feet. The minimum front setback of a lot may be reduced to the average setback distance of the existing buildings located on the lots to either side of said lot.

(b)

Conservation subdivision: 25 feet.

(c)

Nonresidential use: minimum buffers along streets: see § 120-511, Buffer yard.

[Amended 8-15-2023 by Order No. 23-149]

(5)

Minimum side setback: 10 feet.

(6)

Minimum rear setback: 10 feet.

(7)

Maximum building height: 35 feet.

(a)

Agriculture, public buildings, church steeples: no limit.

(8)

Maximum building coverage: 20%.

District standards. In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Light-Density Residential District:

(1)

Curb cuts. See § 120-522, Curb cuts and driveway openings, in Article 5, Performance Standards, for standards applicable to the Light-Density Residential District.

(2)

[Amended 11-14-2023 by Order No. 23-213]

(a)

No more than three dwelling units shall be erected per lot.

(b)

All dwelling units shall have a minimum area of 500 square feet.

(3)

Conservation subdivision (see Article 9, Subdivision Review).

[Amended 12-16-2014 by Order 14-491; 6-9-2020 by Order 20-140]

(a)

Conservation subdivisions shall only be permitted on lots with a minimum of five acres of gross land area.

(b)

Conservation subdivisions are eligible for a density bonus of 20% to be applied after the net residential density calculation, if the subdivision open space meets the criteria in § 120-911K(6)(d)[2].

(4)

Medical office. See § 120-538, Medical office, in Article 5, Performance Standards, for size limitations.

(5)

Buffer requirements for specific nonresidential uses. See § 120-511, Buffer yard, in Article 5, Performance Standards, Table 2 for requirements.

[Amended 8-15-2023 by Order No. 23-149]

§ 120-409 Medium-Density Residential District (RM).

Intent. It is the intent of this chapter to assure the proper development of residential areas by encouraging the formation of community units while developing and preserving open space.

Permitted uses. The following uses, as they are defined in Article 3, shall be permitted in the Medium-Density Residential District as a matter of right. Refer to Article 5, Performance Standards, or Subsection F, District standards, for additional use information.

[Amended 5-26-2020 by Order 20-048]

Agriculture.

Building, accessory.

Cemetery.

Child care, family home.

(5)

Dwelling, single-family detached.

(6)

Dwelling, two-family.

(7)

Dwelling, multifamily.

Forestry.

Home occupation 1.

Home occupation 2.

Medical marijuana registered caregiver.

(12)

Medical marijuana registered caregiver (home occupation).

(13)

Housing for older persons.

Place of worship.

Public building.

Sawmill, temporary.

Shipping container.

Use, accessory.

Solar energy system – roof-mounted, small, medium, and large scale.

[Added 8-15-2023 by Order No. 23-150]

(20)

Solar energy system – ground-mounted, small scale.

[Added 8-15-2023 by Order No. 23-150]

(21)

Solar energy system – ground-mounted, medium scale.

[Added 8-15-2023 by Order No. 23-150]

(1)

Assisted living facility.

(2)

Bed-and-breakfast inn.

(3)

Boarding home for sheltered care.

Medical office.

Mineral extraction.

Nursing home.

Recreation facility, indoor.

(8)

Recreation facility, outdoor.

(9)

Retail sales, convenience.

(10)

Public utility facility.

(11)

Solar energy system – ground-mounted, large scale.

[Added 8-15-2023 by Order No. 23-150]

Prohibited uses. Uses that are not expressly enumerated herein as either permitted uses or conditional uses are prohibited.

Dimensional standards. The following dimensional standards shall apply in the Medium-Density Residential District:

[Amended 12-16-2014 by Order 14-491; 6-9-2020 by Order 20-140;6-16-2022 by Order No. 22-108; 8-15-2023 by Order No. 23-149]

Type	Public Water	Well
Minimum lot size
Standard	20,000 square feet	30,000 square feet
Housing for older persons	None	n/a
Conservation subdivision	20,000 square feet	20,000 square feet
Net residential density
Standard	15,000 square feet	15,000 square feet
Housing for older persons
1-bedroom unit	8,000 square feet	n/a
Each additional bedroom	6,000 square feet	n/a
Minimum frontage	100 feet	100 feet
Conservation subdivision	50 feet	50 square feet
Minimum front setback	30 feet	30 feet
The minimum front setback of a lot may be reduced to the average setback distance of the existing buildings located on the lots to either side of said lot.
Nonresidential use, minimum buffers along streets: see § 120-511, Buffer yard.
Minimum side setback	10 feet	10 feet
Minimum rear setback	10 feet	10 feet
Maximum building height	35 feet	35 feet
Maximum building coverage	20%	20%

District standards. In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Medium-Density Residential District:

(1)

Curb cuts. See § 120-522, Curb cuts and driveway openings, in Article 5, Performance Standards, for standards applicable to the Medium-Density Residential District.

(2)

Conservation subdivision (see Article 9, Subdivision Review).

[Amended 12-16-2014 by Order 14-491; 6-9-2020 by Order 20-140]

(a)

Conservation subdivisions shall only be permitted on lots with a minimum of five acres of gross land area.

(b)

(3)

Housing for older persons. The State of Maine Minimum Lot Size Law of 12 M.R.S.A. §§ 4807 to 4807-G shall apply to the housing for older persons' use.

(4)

Medical office. See § 120-538, Medical office, in Article 5, Performance Standards, for size limitations.

(5)

Buffer requirements for specific nonresidential uses. See § 120-511, Buffer yard, in Article 5, Performance Standards, for requirements.

[Added 8-15-2023 by Order No. 23-149]

(6)

Affordable housing. Affordable housing developments are eligible for increases in residential density and building height and reductions in lot size, frontage and parking requirements identified in Article 5, Performance Standards, if the development meets the applicable criteria in § 120-501.1.

[Added 4-25-2023 by Order No. 23-060]

§ 120-410 Commercial District I (C-1).

[Amended 9-14-2010 by Order 10-164; 12-14-2010 by Order 10-230; 5-14-2013 by Order 13-072; 6-28-2016 by Order 16-111; 6-12-2018 by Order 18-099; 7-9-2019 by Order 19-121; 5-26-2020 by Order 20-048; 4-12-2022 by Order No. 22-062; 7-12-2022 by Order No. 22-126; 11-10-2022 by Order No. 22-205; 4-25-2023 by Order No. 23-060; 8-15-2023 by Order No. 23-150; 8-15-2023 by Order No. 23-151; 8-15-2023 by Order No. 23-149; 3-12-2024 by Order No. 24-033; 1-14-2025 by Order No. 25-002; 2-25-2025 by Order No. 25-033; 1-27-2026 by Order No. 26-009]

Intent. To provide general retail sales, services and business space within the Town of Windham in locations capable of conveniently servicing community-wide and/or regional trade areas, with safe, well-regulated automobile access and pedestrian access where appropriate.

Permitted uses. The following uses, as they are defined in Article 3, shall be permitted in the Commercial District I as a matter of right. Refer to Article 5, Performance Standards, or Subsection F, District standards, for additional use information.

Adult business establishment

Adult use marijuana store

Agriculture

Assisted living facility

Automobile gas station

Automobile repair services

Bank

Building, accessory

Business and professional office

Child-care facility

Child care, family home

Club

Contractor services

Contractor services, landscaping

Contractor storage yard

Construction services, heavy, major

Construction services, heavy, minor

Convention center

Distribution center

Drive-through facility

Dwelling, two-family

Dwelling, multifamily

Dwelling, mixed-use

Fitness center

Forestry

Funeral home

Home occupation 1

Home occupation 2

Hospital

Hotel

Housing for older persons

Industry, light

Industry, heavy

Marijuana cultivation facility

Marijuana manufacturing facility

Marijuana registered dispensary

Marijuana testing facility

Medical marijuana registered caregiver

Medical marijuana registered caregiver (home occupation)

Medical marijuana caregiver retail store

Medical office

Mineral extraction

Motel

Nursing home

Place of worship

Public building

Public utility facility

Recreation facility, outdoor

Recreation facility, indoor

Research laboratory

Restaurant

Retail sales

Retail sales, automobile sales

Retail sales, convenience

Retail sales, minimart

Retail sales, nursery

Retail sales, outdoor

Sawmill, temporary

Service business, commercial

Service business, personal

Small engine repair

Solar energy system – roof-mounted, small, medium, and large scale

Solar energy system – ground-mounted, small scale

Solar energy system – ground-mounted, medium scale

Solar energy system – ground-mounted, large scale (see Subsection F, District standards, below)

Theater

Use, accessory

Warehousing, private

Wireless telecommunications tower and facility

(1)

Other.

(2)

Kennel, major.

Prohibited uses. Uses that are not expressly enumerated herein as either permitted uses or conditional uses are prohibited.

Dimensional standards. The following dimensional standards shall apply in the Commercial District I:

(1)

Minimum lot size: none.

(2)

Net residential density: none.

(3)

Minimum frontage: 100 feet.

(4)

Front setback:

(a)

Building, principal.

[1]

On Route 302: 10 feet to 20 feet.

[2]

All other streets: 0 feet to 20 feet.

(b)

Building, accessory: principal building setback, plus 20 feet minimum.

(c)

Dwelling, two-family minimum setback on Routes 35, 115, and 302: 300 feet.

(d)

Hotel use: primary street setback for principal building, 10 feet to 75 feet; secondary street setback for principal building, 20 feet minimum.

(5)

Minimum side setback: six feet.

(6)

Minimum rear setback: six feet.

(7)

Maximum building height: 75 feet.

District standards. In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Commercial District I:

(1)

Parking. No parking shall be located within a structure's front setback area. When parking is located at the side of a building, the parking area shall not extend closer to the street than the front facade of the building. The space between the parking lot and the street shall be landscaped according to an overall plan for the property.

(2)

Aquifer Protection Overlay District. See § 120-416 or 120-417, Aquifer Protection Overlay Districts, and the Town's Official Map.

(3)

Building orientation. The facade of all buildings must be oriented parallel to a front lot line. In cases where a property has more than one front lot line, a single building development will orient to the front lot line on the street with the higher traffic volume. Multibuilding development may orient individual buildings to different front lot lines.

(4)

Pedestrian access. At least one primary entrance must be located on the building's front facade. Primary entrances must provide ingress and egress and be operable at all times the building is occupied.

(5)

Zoning district boundary buffer. See § 120-511, Buffer yard, in Article 5, Performance Standards, for requirements.

(6)

Controlled access street. For standards pertaining to controlled access streets in the C-1 District see Article 3, Definitions, and Article 5, Performance Standards.

(7)

Curb cuts. See § 120-522, Curb cuts and driveway openings, in Article 5, Performance Standards, for additional standards applicable to the C-1 District. New, enlarged or rebuilt uses on an arterial road, as defined in Article 3, shall be limited to one curb cut. In addition, the following standards shall apply to these curb cuts:

(a)

A minimum center-line turning radius of 25 feet must be provided.

(b)

A larger turning radius shall be provided if the curb cut will be used by vehicles with a wheel base of 35.8 feet or larger. In this case, the latest American Association of State Highway and Transportation Officials (AASHTO) standard shall apply.

(8)

Industry, heavy. In the C-1 District, this use shall not involve any activity defined in Article 3 as "manufacturing, hazardous." (See Article 3, Definitions.)

(9)

Minimum lot size. The State of Maine minimum lot size, and minimum lot size waiver, standards apply in the C-1 District when the Town's minimum lot size requirements are less restrictive than those of the State of Maine.

(10)

Retail sales, outdoor. The display or sale of products outside of a building shall meet the standards of Article 5. (See Article 5, Performance Standards.)

(11)

All new and reconstructed streets must be built to public street, commercial street, curbed lane or residential street standards.

(12)

Block standards.

(a)

Land must be divided with streets to create blocks conforming with block perimeter, below.

(b)

Blocks should be generally rectangular in shape, but are expected to respond to natural features and the block pattern of the surrounding street network.

(c)

Blocks should be a minimum width so as to provide two rows of developable lots.

(d)

Portions of development sites abutting areas of undeveloped land, areas unsuitable for development, or preexisting incomplete blocks may be granted a waiver from the block size requirements in accordance with the provisions of Article 8 if part of a site plan or Article 9 if part of a subdivision plan.

(e)

Block perimeter. No block shall have a perimeter of more than 1,600 feet.

(13)

Sidewalks.

(a)

The Planning Board may require the construction of public sidewalks on Roosevelt Trail (Route 302), Tandberg Trail (Route 35 and 115), River Road, and Manchester Drive as part of a site plan or subdivision application.

(b)

When the construction of the sidewalk is not required by the Planning Board as part of a site plan approved in accordance with Article 8 of this chapter, the following commercial development activities shall pay the North Windham sidewalk impact fee in § 120-1202 to provide safe pedestrian conditions in the Commercial 1 District:

[1]

The construction or placement of new building(s) with a cumulative area that is greater than, or equal to, 500 square feet; or

[2]

The enlargement of existing buildings by more than 500 square feet.

(14)

Marijuana cultivation facility. Cultivation facilities may be of the following types: Tier 1 and Tier 2. (See Article 3, Definitions.) These uses shall only be allowed on a lot where marijuana businesses were in existence prior to September 14, 2022.

(15)

(16)

Solar energy system – ground-mounted, large scale. This use shall only be allowed when co-located with parking lots or to supply the electrical or thermal power to reduce the on-site consumption of utility power or fuels by a principal commercial or residential use on the same parcel or abutting land. See § 120-556, Solar energy systems, in Article 5, Performance Standards, for additional requirements. When not co-located with a parking lot, a solar energy system shall not be designed to generate more than 125% of the power needs of the principal uses on the same parcel or abutting land. Any excess powering from on-site or abutting land usage that is less than the designed capacity may be sold into the grid.

(17)

Marijuana registered dispensary. In the C-1 District, this use shall not involve any cultivation or manufacturing of marijuana on site, notwithstanding the definition of "marijuana registered dispensary" in Article 3. (See Article 3, Definitions.)

(18)

Hotels. Hotels on corner lots in the C-1 District are not subject to § 120-534. All parking areas shall be located along the side or rear of the principal structure. One curb cut is permitted in the front setback. A two-way travel lane for access, as well as a fire lane around the principal structure, are also required. See § 120-511, Buffer yard, in Article 5, Performance Standards, for additional buffer yard requirements.

§ 120-410.1 Commercial District I North (C-1N).

[Added 7-12-2022 by Order No. 22-126; amended 4-25-2023 by Order No. 23-067; 4-25-2023 by Order No. 23-060; 8-15-2023 by Order No. 23-150; 8-15-2023 by Order No. 23-151; 3-12-2024 by Order No. 24-033; 1-27-2026 by Order No. 26-009]

Intent. The intent of this district is to provide and enable the continuation of existing general retail sales, services and business space within the Town of Windham in locations capable of conveniently servicing community-wide and/or regional trade areas, with safe, well-regulated automobile access and pedestrian access where appropriate.

Permitted uses. The following uses, as they are defined in Article 3, shall be permitted in the Commercial District I North as a matter of right. Refer to Article 5, Performance Standards, or Subsection F, District standards, for additional use information.

Agriculture

Assisted living facility

Adult business establishment

Adult use marijuana store

Automobile gas station

Automobile repair services

Bank

Building, accessory

Business and professional office

Child-care facility

Child care, family home

Club

Contractor services

Contractor services, landscaping

Contractor storage yard

Construction services, heavy, major

Construction services, heavy, minor

Convention center

Distribution center

Drive-through facility

Dwelling, two-family

Dwelling, multifamily

Dwelling, mixed-use

Fitness center

Forestry

Funeral home

Home occupation 1

Home occupation 2

Hospital

Hotel

Housing for older persons

Industry, light

Industry, heavy

Marijuana manufacturing facility

Marijuana registered dispensary

Marijuana testing facility

Medical marijuana caregiver

Medical marijuana caregiver (Home occupation)

Medical marijuana caregiver retail store

Medical office

Mineral extraction

Motel

Nursing home

Place of worship

Public building

Public utility facility

Recreation facility, outdoor

Recreation facility, indoor

Research laboratory

Restaurant

Retail sales

Retail sales, automobile sales

Retail sales, convenience

Retail sales, minimart

Retail sales, nursery

Retail sales, outdoor

Sawmill, temporary

Service business, commercial

Service business, personal

Small engine repair

Solar energy system – roof-mounted, small, medium, and large scale

Solar energy system – ground-mounted, small scale

Solar energy system – ground-mounted, medium scale

Solar energy system – ground-mounted, large scale (see Subsection F, District standards, below)

Theater

Use, accessory

Warehousing, private

Wireless telecommunications tower and facility

Conditional uses. The following uses, as defined in Article 3, shall be allowed as a conditional use in accordance with § 120-516. Refer to Article 5, Performance Standards or Subsection F, District standards, for additional use information:

(1)

Other.

(2)

Kennel, major.

Prohibited uses. Uses that are not expressly enumerated herein as either permitted uses or conditional uses are prohibited.

Dimensional standards. The following dimensional standards shall apply in the Commercial District I North:

(1)

Minimum lot size: none.

(2)

Net residential density: none.

(3)

Minimum frontage: 100 feet.

(4)

Minimum front setback: 40 feet.

(a)

Minimum landscaped buffer strip: 20 feet.

(b)

Dwelling, two-family on Route 302: 300 feet.

(5)

Minimum side setback: six feet.

(6)

Minimum rear setback: six feet.

(7)

Maximum building height: 60 feet.

District standards. In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Commercial District I North:

(1)

Aquifer Protection Overlay District. See § 120-416 or § 120-417, Aquifer Protection Overlay Districts and the Town's Official Land Use Map.

(2)

Zoning district boundary buffer. See § 120-511, Buffer yard, in Article 5, Performance Standards, for requirements.

(3)

Curb cuts. See "Curb Cuts and Driveway Openings"[1] in Article 5, Performance Standards, for additional standards applicable to the C-1N District.

(a)

New, enlarged or rebuilt uses on an arterial road, as defined in Article 3, shall be limited to one curb cut. In addition, the following standards shall apply to these curb cuts:

[1]

A minimum center-line turning radius of 25 feet must be provided.

[2]

[1]

Editor's Note: See § 120-522.

(4)

Industry, heavy. In the C1 District, this use shall not involve any activity defined in Article 3 as "manufacturing, hazardous." (See Article 3, Definitions.)

(5)

Minimum lot size. The State of Maine minimum lot size, and minimum lot size waiver, standards apply in the C-1N District when the Town's minimum lot size requirements are less restrictive than those of the State of Maine.

(6)

Retail sales, outdoor. The display or sale of products outside of a building shall meet the standards of Article 5. (See Article 5, Performance Standards.)

(7)

Sidewalks.

(a)

The Planning Board may require the construction of public sidewalks on Roosevelt Trail (Route 302) as part of a site plan or subdivision application.

(b)

[1]

The construction or placement of new building(s) with a cumulative area that is greater than, or equal to, 500 square feet; or

[2]

The enlargement of existing buildings by more than 500 square feet.

(8)

(9)

(10)

Marijuana registered dispensary. In the C-1N District, this use shall not involve any cultivation or manufacturing of marijuana on site, notwithstanding the definition of "marijuana registered dispensary" in Article 3. (See Article 3, Definitions.)

§ 120-411 Commercial District II (C-2).

[Amended 9-14-2010 by Order 10-164; 6-12-2018 by Order 18-099; 7-9-2019 by Order 19-121; 5-26-2020 by Order 20-048; 4-25-2023 by Order No. 23-060; 8-15-2023 by Order No. 23-149; 8-15-2023 by Order No. 23-150; 8-15-2023 by Order No. 23-151; 2-25-2025 by Order No. 25-033; 1-27-2026 by Order No. 26-009]

Intent. The intent of this district is to provide for a mixed commercial and residential zone as a buffer zone between the Commercial District I and the abutting residential areas.

Permitted uses. The following uses, as they are defined in Article 3, shall be permitted in the Commercial II District as a matter of right. Refer to Article 5, Performance Standards, or Subsection F, District standards, for additional use information.

Adult business establishment

Agriculture

Bank

Bed-and-breakfast inn

Building, accessory

Business and professional office

Child-care facility

Child care, family home

Club

Convention center

Drive-through facility

Dwelling, single-family detached

Dwelling, two-family

Dwelling, multifamily

Dwelling, mixed-use

Fitness center

Forestry

Funeral home

Home occupation 1

Home occupation 2

Hotel

Housing for older persons

Medical marijuana registered caregiver

Medical marijuana registered caregiver (home occupation)

Medical office

Motel

Public building

Public utility facility

Recreation facility, indoor

Recreation facility, outdoor

Research laboratory

Restaurant

Retail sales

Retail sales, convenience

Retail sales, nursery

Retail sales, outdoor

Service business, personal

Solar energy system – roof-mounted, small, medium, and large scale

Solar energy system – ground-mounted, small scale

Solar energy system – ground-mounted, medium scale

Solar energy system – ground-mounted, large scale

Theater

Use, accessory

Wireless telecommunications tower and facility

(1)

Other.

(2)

Kennel, major.

Prohibited uses. Uses that are not expressly enumerated herein as either permitted uses or conditional uses are prohibited.

Dimensional standards. The following dimensional standards shall apply in the Commercial District II:

(1)

Minimum lot size: none.

(a)

Dwelling, single-family; two-family; multifamily: 40,000 square feet.

(2)

Net residential density: 5,000 square feet.

(3)

Minimum frontage: 150 feet.

(4)

Front setback:

(a)

Building, principal: 10 to 20 feet.

(b)

Building, accessory: principal building setback, plus 20 feet minimum.

(5)

Minimum side setback: 10 feet.

(6)

Minimum rear setback: 10 feet.

(7)

Maximum building height: 45 feet.

District standards. In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Commercial District II:

Controlled access street. For standards pertaining to controlled access streets in the C-2 District see Article 3, Definitions, and Article 5, Performance Standards.

(5)

Curb cuts. See § 120-522, Curb cuts and driveway openings, in Article 5, Performance Standards, for standards applicable to the C-2 District.

(6)

Minimum lot size. The State of Maine minimum lot size, and minimum lot size waiver, standards apply in the C-2 District when the Town's minimum lot size requirements are less restrictive than those of the State of Maine.

(7)

Minimum side setback reduction. The required minimum side setback shall be permitted to be reduced to zero where a common wall is proposed between buildings.

(8)

Retail sales, outdoor. The display or sale of products outside of a building shall meet the standards of Article 5. (See Article 5, Performance Standards.)

(9)

All new and reconstructed streets must be built to public street, commercial street, curbed lane or residential street standards.

(10)

Block standards. This subsection applies to development sites that create new or reconfigured blocks or that create any new public streets.

(a)

Land must be divided with streets to create blocks conforming with block perimeter, below.

(b)

Blocks should be generally rectangular in shape, but are expected to respond to natural features and the block pattern of the surrounding street network.

(c)

Blocks should be a minimum width so as to provide two rows of developable lots.

(d)

(e)

Block perimeter. No block shall have a perimeter of more than 1,600 feet.

(11)

Zoning district boundary buffer. See § 120-511, Buffer yard, in Article 5, Performance Standards, for requirements.

(12)

Affordable housing. Affordable Housing developments are eligible for increases in residential density and building height and reductions in lot size, frontage and parking requirements identified in Article 5, Performance Standards, if the development meets the applicable criteria in § 120-501.1.

§ 120-411.1 Commercial District IV (C-4).

[Added 8-15-2023 by Order No. 23-151]

Intent. The intent of this district is to provide for a mixed commercial and residential zone as a buffer zone between the Commercial District I North and the abutting residential areas.

Permitted uses. The following uses, as they are defined in Article 3, shall be permitted in the Commercial IV District as a matter of right. Refer to Article 5, Performance Standards, or Subsection F, District standards, for additional use information.

Adult business establishment

Agriculture

Bank

Bed-and-breakfast inn

Building, accessory

Business and professional office

Child-care facility

Child-care, family home

Club

Convention center

Drive-through facility

Dwelling, single-family detached

Dwelling, two-family

Dwelling, multifamily

Dwelling, mixed-use

Fitness center

Forestry

Funeral home

Home occupation 1

Home occupation 2

Hotel

Housing for older persons

Medical marijuana registered caregiver

Medical marijuana registered caregiver (home occupation)

Medical office

Motel

Public building

Public utility facility

Recreation facility, indoor

Recreation facility, outdoor

Research laboratory

Restaurant

Retail sales

Retail sales, convenience

Retail sales, nursery

Retail sales, outdoor

Service business, personal

Solar energy system - roof-mounted, small, medium, and large scale

Solar energy system - ground-mounted, small scale

Solar energy system - ground-mounted, medium scale

Solar energy system - ground-mounted, large scale

Theater

Use, accessory

Wireless telecommunications tower and facility

(1)

Other.

Prohibited uses. Uses that are not expressly enumerated herein as either permitted uses or conditional uses are prohibited.

Dimensional standards. The following dimensional standards shall apply in the Commercial District IV:

(1)

Minimum lot size: none.

(a)

Dwelling, single-family; two-family; multifamily: 40,000 square feet.

(2)

Net residential density: 5,000 square feet.

(3)

Minimum frontage: 150 feet.

(4)

Minimum front setback: 40 feet

(a)

Minimum buffer along streets: See § 120-511, Buffer yard.

(5)

Minimum side setback: 10 feet.

(6)

Minimum rear setback: 10 feet.

(7)

Maximum building height: 45 feet.

District standards. In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Commercial District IV:

(1)

Curb cuts. See § 120-522, Curb cuts and driveway openings, in Article 5, Performance Standards, for standards applicable to the C-4 District.

(2)

Minimum lot size. The State of Maine minimum lot size, and minimum lot size waiver, standards apply in the C-4 District when the Town's minimum lot size requirements are less restrictive than those of the State of Maine.

(3)

Minimum side setback reduction. The required minimum side setback shall be permitted to be reduced to zero where a common wall is proposed between buildings.

(4)

Retail sales, outdoor. The display or sale of products outside of a building shall meet the standards of Article 5 (see Article 5, Performance Standards).

(5)

Zoning district boundary buffer. See § 120-511, Buffer yard, in Article 5, Performance Standards, for requirements.

(6)

§ 120-412 Commercial District III (C-3).

[Amended 9-14-2010 by Order 10-164]

Intent. The intent of the Commercial District III is to provide areas for a mixture of light, low-traffic-generating commercial uses and single-family housing.

Permitted uses. The following uses, as they are defined in Article 3, shall be permitted in the Commercial District III as a matter of right. Refer to Article 5, Performance Standards, or Subsection F, District standards, for additional use information.

[Amended 5-14-2013 by Order 13-071; 9-27-2016 by Order 16-148; 6-11-2019 by Order 19-057; 5-26-2020 by Order 20-048; 8-15-2023 by Order No. 23-150]

Adult business establishment

Agriculture

Building, accessory

Business and professional office

Child-care facility

Child care, family home

Contractor services

Contractor services, landscaping

Contractor storage yard

Dwelling, single-family

Dwelling, two-family

Dwelling, multifamily

Dwelling, mixed-use

Forestry

Home occupation 1

Home occupation 2

Medical marijuana registered caregiver

Medical marijuana registered caregiver (home occupation)

Medical office

Place of worship

Public building

Recreation facility, indoor

Retail sales

Retail sales, convenience

Retail sales, nursery

Retail sales, outdoor

Service business, personal

Solar energy system – roof-mounted, small, medium, and large scale

Solar energy system – ground-mounted, small scale

Solar energy system – ground-mounted, medium scale

Theater

Use, accessory

Warehousing, private

Warehousing, public

Wireless telecommunications tower and facility

(1)

Assisted living facility.

(2)

Automobile repair services.

(3)

Bed-and-breakfast inn.

(4)

Campground, commercial.

(5)

Campground, personal.

Club.

Hotel.

Industry, light.

Motel.

Nursing home.

Public utility facility.

Restaurant.

Shipping container.

Small engine repair.

Solar energy system – ground-mounted, large scale.

[Added 8-15-2023 by Order No. 23-150]

Prohibited uses. Uses that are not expressly enumerated herein as either permitted uses or conditional uses are prohibited.

Dimensional standards. The following dimensional standards shall apply in the Commercial District III:

(1)

Minimum lot size:

(a)

Dwelling, single-family; two-family; multifamily: 80,000 square feet.

(b)

Dwelling, mixed-use: 80,000 square feet.

(c)

Nonresidential: 20,000 square feet.

(2)

Net residential density: 60,000 square feet.

(3)

Minimum frontage:

(a)

Dwelling, single-family; two-family; multifamily: 200 feet.

(b)

Nonresidential: 100 feet.

(4)

Minimum front setback:

(a)

Arterial street: 60 feet.

(b)

Nonarterial street: 40 feet.

(c)

Minimum buffers along streets: see § 120-511, Buffer yard.

[Amended 8-15-2023 by Order No. 23-149]

(5)

Minimum side setback: 10 feet.

(6)

Minimum rear setback: 10 feet.

(7)

Maximum building height: 45 feet.

[Amended 8-15-2023 by Order No. 23-151]

District standards. In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Commercial District III:

(1)

Automobile repair services. The repair of commercial trucks shall be limited to those vehicles with a gross vehicle weight rating equal to, or less than, 26,000 pounds.

[Amended 7-8-2014 by Order 14-164]

(2)

Controlled access street. For standards pertaining to controlled access streets in the C-3 District see Article 5, Performance Standards.

(3)

Curb cuts. See § 120-522, Curb cuts and driveway openings, in Article 5, Performance Standards, for standards applicable to the C-3 District.

(4)

[Amended 11-14-2023 by Order No. 23-213]

(a)

No more than three dwelling units may be created per lot.

(5)

Minimum side setback reduction. The required minimum side setback shall be permitted to be reduced to zero where a common wall is proposed between buildings.

(6)

Retail sales, outdoor. The display or sale of products outside of a building shall meet the standards of Article 5 (see Article 5, Performance Standards).

(7)

Zoning district boundary buffer. See § 120-511, Buffer yard, in Article 5, Performance Standards, for requirements.

[Amended 8-15-2023 by Order No. 23-149]

§ 120-413 Industrial District (I).

[Amended 7-8-2014 by Order 14-164; 5-26-2020 by Order 20-048; 8-15-2023 by Order No. 23-150; 8-15-2023 by Order No. 23-149; 11-14-2023 by Order No. 23-214; 3-12-2024 by Order No. 24-033; 2-25-2025 by Order No. 25-033]

Intent. The intent of this district is to provide areas within the Town of Windham for manufacturing, processing, treatment, research, warehousing, storage, distribution, and outdoor recreation uses.

Permitted uses. The following uses, as they are defined in Article 3, shall be permitted in the Industrial District as a matter of right. Refer to Article 5, Performance Standards, or Subsection F, District standards, for additional use information.

Agriculture

Agriculture, piggery

Agriculture, poultry facility

Automobile repair services

Building, accessory

Business and professional office

Contractor services

Contractor services, landscaping

Contractor storage yard

Construction services, heavy, major

Construction services, heavy, minor

Distribution center

Dwelling, existing single-family

Dwelling, existing two-family

Dwelling, existing multifamily

Home occupation 1

Home occupation 2

Industry, heavy

Industry, light

Marijuana cultivation facility

Marijuana manufacturing facility

Marijuana registered dispensary

Marijuana testing facility

Medical marijuana registered caregiver

Medical marijuana registered caregiver (home occupation)

Mineral extraction

Recreational facility, outdoor

Research laboratory

Retail sales

Small engine repair

Solar energy system – roof-mounted, small, medium, and large scale

Solar energy system – ground-mounted, small scale

Solar energy system – ground-mounted, medium scale

Solar energy system – ground-mounted, large scale

Truck terminal

Use, accessory

Warehousing, private

Warehousing, public

Wireless telecommunications tower and facility

(1)

Automobile storage lot.

(2)

Correctional facility, public.

(3)

Public building.

(4)

Public utility facility.

(5)

Shipping container.

Prohibited uses. Uses that are not expressly enumerated herein as either permitted uses or conditional uses are prohibited.

Dimensional standards. The following dimensional standards shall apply in the Industrial District:

(1)

Minimum lot size: 20,000 square feet.

(2)

Minimum frontage: 100 feet.

(3)

Minimum front setback: 40 feet.

(a)

Minimum buffers along streets. See § 120-511, Buffer yard, in Article 5, Performance Standards, for requirements.

(4)

Minimum side setback: greater of 25 feet or 50% of building height.

(a)

Dwelling, existing (all associated structures): 15 feet. Either side setback for an existing dwelling may be reduced one foot for every foot that the lot's other side setback is increased. However, no side setback shall be less than 10 feet.

(5)

Minimum rear setback: greater of 25 feet or 50% of building height.

(a)

Dwelling, existing (all associated structures): 10 feet.

(6)

Maximum building height: none.

(a)

Dwelling, existing (all associated structures): 35 feet.

(7)

Maximum building coverage: 50%.

(8)

Maximum impervious area: 75%.

District standards. In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Industrial District:

(1)

Curb cuts. See § 120-522, Curb cuts and driveway openings, in Article 5, Performance Standards, for standards applicable to the I District.

(2)

Industry, heavy. In accordance with the conditional use standards in Article 5, the appropriate review authority may approve the manufacturing or use of hazardous material, as defined in Article 3 (see Article 3 for definition of "manufacturing, hazardous").

(3)

Storage. Outdoor storage must be screened from view of public ways.

(4)

Zoning district boundary buffer. See § 120-511, Buffer yard, in Article 5, Performance Standards, for requirements.

(5)

Marijuana cultivation facility. Cultivation facilities may be of the following types: Tier 1, Tier 2, and Tier 3. (See Article 3, Definitions.)

(6)

Marijuana registered dispensary.

(a)

In the Industrial District, a marijuana registered dispensary engaging in the cultivation of marijuana shall be limited to cultivating not more than 7,000 square feet of plant canopy on site.

(b)

In the Industrial District, this use shall not involve the sale, transfer, supply or dispensing of marijuana to any qualifying patient or other person on site, notwithstanding the definition of "marijuana registered dispensary" in Article 3. (See Article 3, Definitions.)

§ 120-414 Enterprise Development District (ED).

Intent. The intent of this district is to provide a unique area within the Town of Windham to allow manufacturing, processing, treatment, warehousing, storage, research and distribution with safe, well-regulated vehicle access located off a major street which can conform to the performance standards set forth in this section and in all other applicable ordinances of the Town of Windham.

Permitted uses. The following uses, as they are defined in Article 3, shall be permitted in the Enterprise Development District as a matter of right. Refer to Article 5, Performance Standards, or Subsection F, District standards, for additional use information.

[Amended 10-14-2014 by Order 14-387; 5-26-2020 by Order 20-048; 8-15-2023 by Order No. 23-150; 3-12-2024 by Order No. 24-033; 8-20-2024 by Order No. 24-165]

Auction house

Automobile auction facility

Automobile repair services

Building, accessory

Business and professional office

Contractor services

Contractor storage yard

Construction services, heavy, major

Construction services, heavy, minor

Convention center

Distribution facility

Forestry

Hotel

Industry, heavy

Industry, light

Marijuana cultivation facility

Marijuana manufacturing facility

Marijuana registered dispensary

Marijuana testing facility

Mineral extraction

Motel

Public utility facility

Recreation facility, indoor

Recreation facility, outdoor

Recreational, passive

Retail sales, accessory

Small engine repair

Solar energy system – roof-mounted, small, medium, and large scale

Solar energy system – ground-mounted, small scale

Solar energy system – ground-mounted, medium scale

Solar energy system – ground-mounted, large scale

Use, accessory

Warehousing, private

Warehousing, public

Wireless telecommunications tower and facility

(1)

Automobile storage lot.

[Added 7-8-2014 by Order 14-164]

(2)

Shipping container.

Prohibited uses. Uses that are not expressly enumerated herein as either permitted uses or conditional uses are prohibited.

Dimensional standards. The following dimensional standards shall apply in the Enterprise Development District:

(1)

Minimum lot size: none

(2)

Minimum frontage: 100 feet.

(3)

Minimum front setback: 40 feet.

(a)

Minimum buffer along streets: see § 120-511, Buffer yard.

[Amended 8-15-2023 by Order No. 23-149]

(4)

Minimum side setback: greater of 30 feet or 50% of building height.

(5)

Minimum rear setback: greater of 30 feet or 50% of building height.

(6)

Maximum building height: 40 feet.

(a)

Maximum building height exemption: See district standards.

(7)

Maximum building coverage: 50%.

(8)

Maximum impervious area: 75%.

District standards. In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Enterprise Development District:

(1)

Access management.

(a)

Any parcel of land which is divided or developed may be required by the Town to provide one or more sixty-foot rights-of-way to abutting land in the Enterprise Development Zone.

(b)

An Enterprise Development District may have one or more dead-end access streets from an existing public right-of-way. If two or more entrances to an Enterprise Development District are proposed, such entrances shall be separated by at least 1,000 linear feet, unless waived by the Planning Board.

(c)

The Town may require that one or more turning lanes be provided on the public right-of-way from which the Enterprise District is accessed. The need for these lanes will be based on proposed traffic volumes and conditions.

(d)

Access to all lots within an Enterprise Development District shall be limited to the district's interior road system.

(2)

Convention center. Convention centers shall only be permitted as an accessory use to a hotel or motel.

(3)

Buffers and screening.

[Amended 10-14-2014 by Order 14-387; 8-15-2023 by Order No. 23-149]

(a)

Residential district boundary buffer. See § 120-511, Buffer yard, in Article 5, Performance Standards, for requirements.

(b)

Commercial district boundary buffer. See § 120-511, Buffer yard, in Article 5, Performance Standards, for requirements.

(c)

Screening of outdoor storage. Outdoor storage shall be completely screened from adjoining properties by means of evergreen trees at least six feet in height at time of planting.

[1]

Automobile auction facility. Opaque fencing six feet in height shall enclose any outdoor storage area in lieu of evergreen trees.

(d)

Screening of lighting. See Subsection F(7)(e) below.

(4)

Industry, heavy. In accordance with the conditional use standards in Article 5, the appropriate review authority may approve the manufacturing or use of hazardous material, as defined in Article 3. (See Article 3 for definition of "manufacturing, hazardous.")

(5)

Maximum building height exemption. Buildings over 40 feet high shall be allowed if approved by the Board of Appeals. The Board of Appeals shall use the conditional use standards in § 120-516 to make its findings on the application.

(6)

Parking lot setback. Parking lots shall maintain a thirty-foot setback from all property lines.

(7)

Performance standards.

(a)

Air pollution. All uses shall comply with minimum federal, state and local air pollution requirements.

[1]

Applicants shall submit information demonstrating compliance with any applicable federal, state or local requirements. If the application does not require subdivision or site plan review, the information shall be submitted to the Code Enforcement Officer for approval before a building permit is issued.

[2]

The maximum permitted density of smoke, dust and other particulate emissions during normal operations of any activity shall not exceed the maximum allowable under the regulations of the Maine Department of Environmental Protection. In case of doubt, the Code Enforcement Officer may employ such independent, recognized consultants as necessary, at the expense of the applicant, to assure compliance with performance standards and all other requirements of this chapter related to the public health, safety and welfare and the abatement of nuisances.

(b)

Electromagnetic interference. No use, activity or process shall be conducted which produces electromagnetic interference in the transmission or reception of electrical impulses beyond any lot lines, including radio and television. In all cases, federal, state and local requirements shall be met. Violations of this standard shall be considered a public nuisance.

(c)

Fire protection.

[1]

All buildings or structures shall be connected to the public water supply and have a sprinkler system or a fire suppression system installed when required by the Town of Windham Building Code.[1]

[1]

Editor's Note: See Ch. 28, Building Construction.

[2]

Storage, utilization, or manufacture of solid materials or products, including free burning and intense burning, is permitted, provided that said materials or products shall be stored, utilized, or manufactured within completely enclosed buildings having incombustible walls and protected throughout by an automatic fire-extinguishing system.

[3]

The storage, utilization, or manufacture of flammable liquids, or materials which produce flammable or explosive vapors or gases, shall be permitted in accordance with the most current edition of the National Fire Protection Association Standards for Flammable and Combustible Liquids (NFPA 30) or the most current edition of the NFPA 1 Fire Code. The most restrictive standards shall apply.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[4]

Any change in use or occupancy shall require a review and approval by the Code Enforcement Officer and the Fire-Rescue Chief.

[5]

Tanks or other underground storage facilities abandoned or not in use for a period exceeding one year shall be removed or otherwise assured safe conditions are present. In all cases, applicable federal, state and local regulations shall prevail.

(d)

Groundwater and surface water protection.

[1]

Water pollution. No activity shall locate, store, discharge, or permit the discharge of any treated, untreated or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity or temperature that run off, seep, percolate, or wash into surface waters or groundwater so as to contaminate, pollute or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness, or be harmful to human, animal, plant or aquatic life.

[a]

All provisions of 38 M.R.S.A. Chapter 3, Protection and Improvements of Waters, and such rules and regulations adopted by the Maine Board of Environmental Protection pursuant to the referenced statute shall apply.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[b]

No development or use shall result in the existing groundwater quality becoming inferior to the physical, biological, chemical and/or radiological levels for raw and untreated drinking water supply sources specified in the Maine State Drinking Water Regulations, pursuant to 22 M.R.S.A. § 2601 et seq. If the existing groundwater quality is inferior to the State Drinking Water Regulations, the developer or landowner will not degrade the water quality any further.

[c]

Representatives of the municipality or the Maine Department of Environmental Protection may enter the premises for the purpose of gauging, sampling and testing any wastewater systems which may enter into watercourses.

[d]

No development or use of land shall lower the groundwater table more than 10 feet.

[2]

Subsurface wastewater disposal. The Enterprise Development District has been determined by the Town of Windham to be particularly sensitive to the discharge of pollutants from on-site subsurface sewage disposal systems and is therefore designated as a groundwater sensitive area. When the sewage contains effluent other than usual bathroom and/or on-premises food preparation water, the Town of Windham may require a pretreatment system for the effluent before its entry into any subsurface sewage disposal system.

[a]

The Town may hire a third-party consultant to review any subsurface wastewater disposal applications. The costs for this review shall be the responsibility of the applicant.

[b]

The Town of Windham may require groundwater monitoring of the project at the owner's expense.

(e)

Lighting.

[1]

No light shall be placed in view of any public roadway or street so that its beams or rays are directed at any portion of the roadway when the light is of such brilliance and so positioned as to impair the vision of the driver of any motor vehicle upon said roadway.

[2]

Lighting with a lumen output equal to or greater than a 200-watt mercury light shall not be directed towards the sky or adjacent residential properties.

[3]

No rotating or flashing lights or signals, except safety signaling devices as required by law, are permitted.

[4]

Adequate buffers using either the natural landscape or artificial screening are required to prevent unnecessary light from being directed beyond any lot lines onto adjacent residential properties.

(f)

Noise. Noise is required to be muffled so as not to be objectionable due to emission, beat frequency or shrillness. The average dBA count resulting from any activity shall not exceed at any point on or beyond any lot line 60 dBA during the day and 50 dBA at night. The average dBA count for any activity shall be computed based on samples taken at intervals over a twenty-four-hour period.

[1]

During the peak activity of 60 minutes in a twenty-four-hour period, a noise may not exceed these average dBA counts by more than 10 dBA.

[2]

Temporary activities that are unable to meet these requirements shall require a special permit from the Code Enforcement Officer. The noise standards shall not apply to the temporary use of such machinery as chain saws, lawn mowers and snowmobiles.

(g)

Odors. The emission of odorous or toxic matter in such quantities as to be readily detectable at any point along any lot lines so as to produce a public nuisance or hazard is prohibited.

[1]

Such activities shall comply with applicable minimum federal, state and local requirements.

[2]

Detailed plans shall be submitted to the Code Enforcement Officer for approval before a permit is granted.

[3]

Violations of this standard shall be considered a public nuisance.

(h)

Vibrations. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond any lot line.

(8)

Street and road design. All streets in the Enterprise Development District shall be designed and constructed to meet the industrial road standards set forth in Article 9, Subdivision Review.

(9)

Utilities. All utilities, including telephone and electrical services, shall be placed underground. If the development is being reviewed by the Planning Board as either a site plan or subdivision, the applicant may request a waiver under the applicable waiver standards of either Article 8, Site Plan Review, or Article 9, Subdivision Review.

(10)

Marijuana cultivation facility. Cultivation facilities may be of the following types: Tier 1, Tier 2, Tier 3, and Tier 4. (See Article 3, Definitions.)

[Added 5-26-2020 by Order 20-048]

(11)

Marijuana registered dispensary.

[Added 3-12-2024 by Order No. 24-033]

(a)

In the Enterprise Development District, a marijuana registered dispensary engaging in the cultivation of marijuana shall be limited to cultivating not more than 20,000 square feet of plant canopy on site.

(b)

In the Enterprise Development District, this use shall not involve the sale, transfer, supply or dispensing of marijuana to any qualifying patient or other person on site, notwithstanding the definition of "marijuana registered dispensary" in Article 3. (See Article 3, Definitions.)

§ 120-415 Village Commercial District (VC).

[Added 9-14-2010 by Order 10-162]

Intent. The intent of the Village Commercial District is to serve as a primarily residential area with a mix of stores, services and commercial enterprises. Growth, at a village scale, is to be well planned in this area of Town served by public water and sewer.

Permitted uses.

[Amended 5-26-2020 by Order 20-048; 8-15-2023 by Order No. 23-150]

Agriculture

Artist studio

Assisted living facility

Bank

Bed-and-breakfast inn

Boarding home for sheltered care

Building, accessory

Business and professional office

Child-care facility

Child care, family home

Contractor services

Contractor storage yard

Construction services, heavy, major

Construction services, heavy, minor

Convention center

Dwelling, mixed-use

Dwelling, single-family

Dwelling, two-family

Dwelling, multifamily

Fitness center

Funeral home

Home occupation 1

Home occupation 2

Hotel

Housing for older persons

Industry, light

Medical marijuana registered caregiver

Medical marijuana registered caregiver (home occupation)

Medical office

Nursing home

Park, public

Place of worship

Public building

Public utility facility

Recreation facility, indoor

Recreation facility, outdoor

Research laboratory

Restaurant

Retail sales

Retail sales, convenience

Retail sales, nursery

Senior citizen housing detached

Service business, commercial

Service business, personal

Solar energy system – roof-mounted, small, medium, and large scale

Solar energy system – ground-mounted, small scale

Solar energy system – ground-mounted, medium scale

Theater

Use, accessory

Wireless telecommunications facility

Conditional uses.

(1)

Auto repair services.

(2)

Drive-through facility.

(3)

Small engine repair.

Prohibited uses. Uses that are not expressly enumerated herein as either permitted uses or conditional uses are prohibited.

Dimensional standards.

(1)

Minimum lot size.

(a)

Standard.

[1]

Lots connected to public water and sewer: 5,000 square feet.

[2]

Lots served by wells or a private sanitary system: 20,000 square feet.

(2)

Net residential density.

(a)

Lots connected to public water and sewer: 2,500 square feet.

(b)

Lots served by wells or a private sanitary system: 20,000 square feet.

(3)

Minimum frontage: 50 feet.

(4)

Minimum front setback: no minimum. New buildings constructed in the Village Commercial District shall be located in such a manner as to maintain the established relationship of buildings to the street. No building shall be set back further than the average of the existing setbacks in the block in which the building is located or, if an existing building is being demolished, than the preexisting setback, whichever is greater.

(5)

Minimum side setback: no minimum. Structures that share a common wall shall meet the requirements of the building code adopted by the Town of Windham.

(a)

Portions of new buildings constructed in the Village Commercial District over 35 feet in height shall be no closer than 10 feet from the side lot line.

[Added 4-25-2023 by Order No. 23-060]

(6)

Minimum rear setback: 20 feet.

(7)

Maximum building height: 35 feet.

(a)

Public buildings, church steeples: no limit.

(8)

Maximum building coverage: no limit.

District standards.

(1)

Zoning district boundary buffer. See § 120-511, Buffer yard, in Article 5, Performance Standards, for requirements.

[Amended 8-15-2023 by Order No. 23-149]

(2)

Design guidelines. Designs for new and rehabilitated structures and building sites are encouraged to use the objectives and guidelines contained in the Town of Windham's 2005 Design Guidelines.

(3)

Parking. Uses shall meet the parking standards of § 120-542, Parking and loading, except for the following:

(a)

Dwellings, single-family and duplex: one per dwelling unit.

(b)

No portion of the lot in front of a commercial use shall be used for off-street parking, service or loading.

(4)

Restaurant.

(a)

Maximum seating for any bar area shall be 20 seats.

(b)

Restaurants shall not be permitted to include a drive-through facility.

(5)

Retail sales. The maximum area of a building dedicated to retail sales shall be 10,000 square feet.

(6)

[Added 4-25-2023 by Order No. 23-060]

§ 120-415.1 Windham Center District (WC).

[Added 5-23-2023 by Order No. 23-091; 8-15-2023 by Order No. 23-149; 8-15-2023 by Order No. 23-150; 4-9-2024 by Order No. 24-018; 2-25-2025 by Order No. 25-033]

Intent.

(1)

The intent of the Windham Center District is to serve as a primarily residential area with a walkable mixture of various uses that will support and promote business and community within the area. Uses are intended to complement one another and allow for different offerings such as art and cultural spaces, public community space, educational/institutional uses, residential, and other small business enterprise uses that meet local neighborhood needs for limited business services.

Permitted uses.

Agriculture;

Artist studio;

Bank;

Bed and breakfast inn;

(5)

Boarding home for sheltered care;

(6)

Building, accessory;

(7)

Business and professional office;

(8)

Cemetery;

(9)

Child-care facility;

(10)

Child-care, family home;

(11)

Dwelling, mixed use;

(12)

Dwelling, single-family detached;

(13)

Dwelling, two-family;

(14)

Dwelling, multifamily;

Fitness center;

Forestry;

Home occupation 1;

Home occupation 2;

Housing for older persons;

(20)

Medical marijuana caregiver;

(21)

Medical marijuana caregiver (home occupation);

Medical office;

Park, public;

Place of worship;

Public building;

Restaurant;

Retail sales;

Retail sales, convenience;

(29)

Service business, commercial;

(30)

Service business, personal;

(31)

Theater;

(32)

Use, accessory;

(33)

Wireless telecommunications facility.

(34)

Solar energy system – roof-mounted, small, medium, and large scale.

(35)

Solar energy system – ground-mounted, small scale.

(36)

Solar energy system – ground-mounted, medium scale.

Conditional uses.

(1)

Drive-through facility;

(2)

Public utility facility;

(3)

Recreation facility, indoor;

(4)

Recreation facility, outdoor;

Riding stable;

Rooming house;

Small engine repair.

Solar energy system – ground-mounted, large scale.

Prohibited uses.

(1)

Uses that are not expressly enumerated herein as either permitted uses or conditional uses are prohibited.

Dimensional standards.

(1)

Minimum lot size:

(a)

Standard: 30,000 square feet.

(b)

Lots connected to public water: 20,000 square feet.

(2)

Net residential density: 15,000 square feet.

(3)

Minimum frontage: 100 feet.

(4)

Minimum front setback: 20 feet.

(a)

The minimum front setback of a lot may be reduced to the average setback distance of the existing buildings located on the lots to either side of said lot.

(b)

Multifamily dwellings and nonresidential uses:

[1]

Minimum buffers along streets: see § 120-511, Buffer yard.

(5)

Minimum side setback: 10 feet.

(a)

The minimum side setback shall be increased to 15 feet when building height is over 35 feet.

(6)

Minimum rear setback: 10 feet.

(a)

The minimum rear setback shall be increased to 15 feet when building height is over 35 feet.

(7)

Maximum building height: 45 feet.

(a)

Public buildings, church steeples: No limit.

(8)

Maximum building coverage: 50%.

District standards.

(1)

In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Windham Center District:

(a)

Bank:

[1]

Building footprint shall be limited to 3,000 square feet.

[2]

Drive-through facilities must be in the rear of the building.

(b)

Zoning district boundary buffer. See § 120-511, Buffer yard, in Article 5, Performance Standards, for requirements.

(c)

Fitness center. The maximum area of a building dedicated to a fitness center shall be 3,000 square feet.

(d)

Retail sales. The building footprint shall be limited to 3,000 square feet.

(e)

Restaurant:

[1]

Maximum seating shall be 40 seats.

[2]

Restaurants shall not be permitted to include a drive-through facility.

(f)

Retail sales. The maximum area of a building dedicated to retail sales shall be 3,000 square feet.

(g)

Sidewalks. New, enlarged or rebuilt uses shall provide sidewalks along any public way that border the property when there is an existing sidewalk to which the proposed sidewalk can connect.

[1]

Sidewalks shall be constructed in accordance with the standards in Tables three and four in Appendix B of this chapter.

[2]

Sidewalk construction shall meet all applicable American with Disabilities Act (ADA) Standards.

(h)

Streets. All new and reconstructed streets must be built to public street standards.

(i)

Street trees shall be planted along the street frontage, at least one tree every 50 feet.

[1]

These trees must be evenly spaced and placed within the right-of-way as close to the property as possible. In the event the lot owner does not have the right to plant within the right-of-way, the street trees will be placed on the lot as close to the right-of-way as possible.

[2]

Street trees shall be of a size and a variety specified on a Town of Windham recommended tree list available from the Public Works Department.

(j)

Theater. The maximum seating shall be 90 seats.

(k)

Signs. The regulations in § 120-708. Signs permitted in all residential districts, shall apply to all uses in the Windham Center District.

(l)

§ 120-415.2 Village Residential District (VR).

[Added 5-23-2023 by Order No. 23-091; amended 8-15-2023 by Order No. 23-149; 8-15-2023 by Order No. 23-150; 4-9-2024 by Order No. 24-018; 4-30-2024 by Order No. 24-057; 2-25-2025 by Order No. 25-033]

Intent.

(1)

The intent of the Village Residential District is to serve as a residential area with a walkable mixture of limited small business enterprise uses that meet local neighborhood needs for limited business services.

Permitted uses.

Agriculture

Artist studio

Building, accessory

Campground, personal

Cemetery

Child-care facility

Child care, family home

Dwelling, single-family; detached

Dwelling, two-family

Dwelling, multifamily

Farm enterprise

Forestry

Home occupation 1

Home occupation 2

Kennel, minor

Housing for older persons

Medical marijuana caregiver

Medical marijuana caregiver (home occupation)

Park, public

Place of worship

Public building

Sawmill, temporary

Service business, personal

Solar energy system – roof-mounted, small, medium, and large scale

Solar energy system – ground-mounted, small scale

Use, accessory

Wireless telecommunications facility

Conditional uses.

Agriculture, piggery

Agriculture, poultry facility

Bed and breakfast inn

Boarding home for sheltered care

Campground, commercial

Contractor services, landscaping

Contractor storage yard

Kennel, major

Medical office

Public utility facility

Recreation facility, indoor

Recreation facility, outdoor

Riding stable

Retail sales, convenience

Retail sales, nursery

Rooming house

Solar energy system – ground-mounted, medium scale

Solar energy system – ground-mounted, large scale

Prohibited uses.

(1)

Uses that are not expressly enumerated herein as either permitted uses or conditional uses are prohibited.

Dimensional standards.

(1)

Minimum lot size:

(a)

Standard: 40,000 square feet.

(2)

Net residential density: 30,000 square feet.

(3)

Minimum frontage: 100 feet.

(4)

Minimum front setback: 30 feet.

(a)

The minimum front setback of a lot may be reduced to the average setback distance of the existing buildings located on the lots to either side of said lot.

(b)

Multifamily dwelling and nonresidential uses. Minimum buffers along streets: see § 120-511, Buffer yard.

(5)

Minimum side setback: 15 feet.

(6)

Minimum rear setback: 15 feet.

(7)

Maximum building height: 35 feet.

(a)

Public buildings, church steeples: No limit.

(8)

Maximum building coverage: 20%.

District standards.

(1)

In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Village Residential District:

(a)

Multifamily dwellings: No more than four dwelling units per building.

(b)

Medical office: See "medical office" in Article 5, Performance Standards, for size limitations.

(c)

Buffer requirements for specific nonresidential uses. See § 120-511, Buffer yard, in Article 5, Performance Standards, Table 2 for requirements.

(d)

Child-care facility.

[1]

Outdoor play areas must be located to the rear of the building.

[2]

Maximum capacity of 50 children.

(e)

Design guidelines: Designs for new and rehabilitated structures and building sites are encouraged to use the standards in § 120-813 and in the objectives and guidelines contained in the Town of Windham's 2005 Design Guidelines.

(f)

Streets. All new and reconstructed streets must be built to public street standards.

(g)

Street trees shall be planted along the street frontage, at least one tree every 50 feet.

[1]

[2]

Street trees shall be of a size and a variety specified on a Town of Windham recommended tree list available from the Public Works Department.

(h)

Signs. The regulations in § 120-708, Signs permitted in all residential districts, shall apply to all uses in the Village Residential District.

(i)

§ 120-416 Aquifer Protection Overlay District Zone A (APA).

Intent. The purpose of this section is to protect the Town of Windham's well water supply by restricting the uses and activities on land overlying aquifer and aquifer recharge areas in proximity to Chaffin Pond.

Permitted uses. The following uses, as they are defined in Article 3, shall be permitted in the Aquifer Protection Overlay District Zone A as a matter of right. Uses allowed in the underlying zoning district shall only be permitted if allowed in the Aquifer Protection Overlay District Zone A. Refer to Article 5, Performance Standards, or Subsection F, District standards, for additional use information.

(1)

Forestry.

(2)

Public utility facility.

(3)

Recreation facility, passive.

(1)

None.

Prohibited uses. Uses that are not expressly enumerated herein as either permitted uses or conditional uses are prohibited.

Dimensional standards. The following dimensional standards shall apply in the Aquifer Protection Overlay District Zone A:

(1)

Maximum building height. The maximum building height of the underlying zoning district shall not apply to the public utility facilities allowed in the overlay district.

District standards. In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Aquifer Protection Overlay District Zone A:

(1)

Except as otherwise required by state law, no person shall use herbicides or pesticides in this district except for herbicides and pesticides in nonpersistent amounts normally associated with individual households. Nonpersistent amounts shall have a half-life of less than 20 days in soil under aerobic conditions.

(2)

All spreading or disposal of manure and fertilizers shall conform to the Manual of Best Management Practices for Maine Agriculture published by the Maine Department of Agriculture, Conservation and Forestry, as amended.

(3)

Erosion and sedimentation shall be minimized by adherence to erosion control management practices contained in the Environment Quality Handbook, 1986, published by the Maine Soil and Water Conservation Commission, and subsequent revisions and amendments.

(4)

Zone change request. Any person who wishes to remove or include his property in the AP District Zone A may apply to the Town of Windham for a zone change as provided by § 120-107 of this chapter. In addition to the requirements of § 120-107, a person who applies for zone change must send notification of said application to the Portland Water District to the attention of the Director of Quality Control. The applicant shall bear the burden of proof to demonstrate that the property should not be included within the AP District Zone A.

§ 120-417 Aquifer Protection Overlay District Zone B (APB).

Permitted uses. The following uses, as defined in Article 3, shall be permitted in the Aquifer Protection Overlay District Zone B as a matter of right. Refer to Article 5, Performance Standards, or Subsection F, District standards, for additional use information.

(1)

All permitted uses allowed in the underlying zoning district.

(1)

All conditional uses allowed in the underlying zoning district.

Prohibited uses. Uses that are not expressly enumerated herein as either permitted uses or conditional uses are prohibited.

Dimensional standards. The following dimensional standards shall apply in the Aquifer Protection Overlay District Zone B:

(1)

Minimum lot size:

(a)

Dwellings: Greater of the underlying district or 80,000 square feet.

(2)

Maximum impervious area:

(a)

Nonresidential uses: 50%.

District standards. In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Aquifer Protection Overlay District Zone B:

(1)

The use or storage or manufacture of hazardous material, as defined in Article 3, for the industry, heavy use, in amounts in excess of those normally associated with individual households, is prohibited.

(2)

Except as otherwise required by state or federal law, below-ground storage of petroleum products is prohibited.

(3)

Salt and sand piles are prohibited.

(4)

(5)

(6)

Zone change request. Any person who wishes to remove or include his property in the AP District Zone B may apply to the Town of Windham for a zone change as provided by § 120-107 of this chapter. In addition to the requirements of § 120-107, a person who applies for zone change must send notification of said application to the Portland Water District to the attention of the Director of Quality Control. The applicant shall bear the burden of proof to demonstrate that the property should not be included within the AP District Zone B.

§ 120-418 Manufactured Housing Park Overlay District (MHPO).

Permitted uses. The following uses, as defined in Article 3, shall be permitted in the MHPO District as a matter of right. Refer to Article 5 Performance Standards, or Subsection E, District standards, for additional use information.

(1)

All permitted uses allowed in the underlying zoning district.

(2)

Mobile home.

(3)

Mobile home, double-wide.

Conditional uses. The following uses, as defined in Article 3, shall be allowed as a conditional use in accordance with § 120-516. Refer to Article 5, Performance Standards, or Subsection E, District standards, for additional use information.

(1)

All conditional uses allowed in the underlying zoning district.

Prohibited uses. Uses that are not expressly enumerated herein as either permitted uses or conditional uses are prohibited.

Dimensional standards. The following dimensional standards shall apply in the MHPO District:

(1)

Minimum lot size:

(a)

Public sewer: 6,500 square feet.

(b)

Individual septic system: 20,000 square feet.

(c)

Central sewage system: 12,000 square feet.

(2)

Net residential density:

(a)

Septic and central sewage systems: 20,000 square feet per unit.

(b)

Public sewer. For mobile home parks in which all units shall be served by public sewer, at least 10% of the combined area of all individual lots shall be reserved or improved for open space, storage or recreational purposes.

(c)

In addition to the standards for calculating net residential density in Article 5, § 120-541, Net residential area or acreage, land within any required buffer shall not be used for the calculation of net residential density.

(3)

Minimum frontage:

(a)

Public sewer: 50 feet.

(b)

Individual septic system: 100 feet.

(c)

Central sewage system: 75 feet.

(4)

Minimum unit setbacks requirements:

(a)

Front setback: 30 feet.

(b)

Side and rear setback:

[1]

Lot size equals 10,000 square feet or less: 10 feet.

[2]

Lot size equals 10,001 square feet or greater: 15 feet.

District standards.

(1)

Applicability. New mobile home parks may be located, and existing parks expanded, only in the Manufactured Housing Park Overlay District (MHPO). This overlay district is delineated on the Town's Official Land Use Map.

(2)

Sale of individual lots. The sale of any individual lot or lots in an approved mobile home park is prohibited unless the status of the park as a whole is changed, with the approval of the Planning Board, to other permissible residential uses under the provisions of this chapter.

(3)

Planning Board review requirement. No mobile home park may be established, and no existing mobile home park may be enlarged, unless the Planning Board finds that the following standards have been met:

(a)

Buffers. A buffer, as defined, meeting the Buffer Yard D standards in § 120-511, Table 1 shall be required along the mobile home park's exterior public or private street frontage.

[Amended 8-15-2023 by Order No. 23-149]

(b)

No building within the mobile home park shall be closer than 50 feet to any abutting residential land.

(c)

Water and sewage facilities for the park shall comply with all applicable regulations of the Town and the State of Maine, and all other applicable standards as set forth in the State of Maine Rules and Regulations of the Department of Health and Welfare relating to Mobile Home Parks and Camping Areas, approved and adopted November 6, 1972.

(d)

New or enlarged mobile home parks shall meet the standards of Article 9, Subdivision Review, except where exempted by state statute.

(e)

All mobile homes within the park shall be accessed by interior minor streets owned and maintained by the park owner. Road layout and entrance requirements shall conform with the street design standards of Article 9, Subdivision Review, except that:

[Added 4-24-2012 by Order 12-042]

[1]

The right-of-way may be reduced to 23 feet; and

[2]

The width of pavement may be reduced to 20 feet.

(f)

Where a central sewage system is proposed, the following standards shall be met:

[1]

Additional land shall be set aside in the event of a system failure.

[a]

The amount of land set aside shall be based upon an independent analysis from a licensed engineer.

[b]

The cost of the independent engineering analysis shall be the responsibility of the applicant.

[2]

The system shall be approved by the Maine Department of Health and Human Services.

(g)

All other applicable standards of 30-A M.R.S.A. § 4358 presently effective or as hereinafter amended shall apply.

(h)

The development will not pollute a public water supply or aquifer.

(i)

Wherever feasible, all new or enlarged mobile home parks shall be served by a public water supply provided by the Portland Water District or assignee.

§ 120-419 Roosevelt Trail Business and Professional Office Overlay Zone.

Intent. The purpose of this overlay district is to allow business offices and personal service businesses within the portions of the Medium-Density Residential, Farm, and Farm-Residential Zoning Districts that are located on Roosevelt Trail between the Pleasant River and Page Road. Businesses seeking to locate in this overlay district must meet the standards for both the zoning district and conditional uses.

Area of zone. The area to be included in the Roosevelt Trail Business and Professional Office Overlay Zone is depicted on the Windham Land Use Map.

Permitted uses. The following uses, as they are defined in Article 3, shall be permitted in the Roosevelt Trail Business and Professional Office Overlay Zone as a matter of right. Refer to Article 5, Performance Standards, or Subsection G, District standards, for additional use information.

(1)

None.

Conditional uses. The following uses, as defined in Article 3, shall be allowed as a conditional use in accordance with § 120-516. Notwithstanding the provisions of § 120-516, the Planning Board shall be responsible for review and approving all conditional use applications in the overlay zone. Refer to Article 5, Performance Standards, or Subsection G, District standards, for additional use information.

(1)

Business and professional office.

(2)

Service business, personal, excluding laundry or dry-cleaning services.

Prohibited uses. Uses that are not expressly enumerated herein as either permitted uses or conditional uses are prohibited.

Dimensional standards. In addition to the standards of the underlying zoning district, the following dimensional standards shall apply in the Roosevelt Trail Business and Professional Office Overlay District:

(1)

Maximum building size: 5,000 square feet.

District standards. In addition to Article 5, Performance Standards, these standards shall apply to the uses in the Roosevelt Trail Business and Professional Office Overlay District:

(1)

Signs. The regulations in § 120-708, Signs permitted in all residential districts, shall apply to all uses in the Roosevelt Trail Business and Professional Office Overlay Zone.

(2)

Parking. The minimum off-street parking standards in § 120-812C of this chapter shall apply to all uses allowed in the overlay district.

(3)

Windham design guidelines.

(a)

The design guidelines of § 120-813 shall apply to the following activities:

[1]

New structures over 500 square feet in cumulative area.

[2]

Exterior improvements to existing structures. Exterior improvements to existing structures shall be reviewed and approved by the Staff Review Committee as established in § 120-803 of this chapter.

(b)

In addition to the Windham design guidelines, the following design features shall be required standards for uses allowed by the overlay district:

[1]

Building materials. Traditional, high-quality building materials, including brick, clapboard, shingles or other similar projects, shall be used as the primary siding material. Contemporary materials that have the same visual characteristics as traditional materials such as cement plank clapboards or vinyl clapboard siding are also acceptable.

[2]

Rooflines. Pitched roofs that are compatible with the surrounding residential uses shall be required. The minimum pitch of all rooflines shall be at least 5/12.

(4)

Screening/buffering. Buildings and parking areas shall be screened from adjoining residential properties located at the side and rear of the property. Screening shall consist of either vegetation or fencing that is opaque and at least six feet in height at the time of installation.

(5)

Lighting. All exterior lighting shall use a ninety-degree cutoff fixture.

§ 120-420 Retirement Community and Care Facility Overlay District (RCCFO).

[Added 10-23-2012 by Order 12-148]

Intent. The intent of the Retirement Community and Care Facility Overlay District (RCCFO) is to provide areas in the Town of Windham where housing for older persons can be provided at higher residential densities. The RCCFO includes land adjacent to arterial roadways. The proximity to arterial roads is intended to provide housing for older persons suitable access to commercial establishments and public safety services.

Permitted uses. The following uses, as defined in Article 3, shall be permitted in the RCCFO District as a matter of right. Refer to Article 5, Performance Standards, or Subsection E, District standards, for additional use information.

(1)

Assisted living facility.

(2)

Boarding home for sheltered care.

(3)

Retirement community.

(4)

Nursing home.

Prohibited uses. Uses that are not expressly enumerated herein, or in the underlying zoning district, as either permitted uses or conditional uses are prohibited.

Dimensional standards. Notwithstanding the dimensional standards set forth in the underling zoning district, the following dimensional standards shall apply to uses permitted by the RCCFO District:

(1)

Minimum lot size: 200,000 square feet.

[Amended 11-18-2014 by Order 14-468]

(2)

Net residential density:

(a)

Assisted living facility: none.

(b)

Nursing home: none.

(c)

Boarding home for sheltered care: none.

(d)

Retirement community: 5,000 square feet.

(3)

Minimum setback requirements:

(a)

Duplex dwelling; multifamily dwelling: See Subsection E, District standards.

District standards.

(1)

Standards applicable in the RCCFO District.

(a)

Public water. All nursing home facilities or assisted living facilities shall be served by a utility connection to the Portland Water District system. All retirement community uses shall be connected to a public drinking water supply, as defined by the Maine Department of Health and Human Services. No retirement community dwelling units or facilities utilizing the standards of this overlay district shall be served by a private well. This standard does not apply to retirement community dwelling units or facilities developed in accordance with the standards of the underlying zoning district.

(b)

Public street lot width. Lots that contain uses permitted by the overlay district shall meet the minimum lot width requirement of the underlying zoning district.

(c)

Street connection requirement. Uses permitted by the overlay district shall meet the street connection requirements of § 120-911M(5)(b)[7].

(d)

Parking requirements. All uses in the overlay district shall meet the applicable off-street parking requirement contained in § 120-812C.

(e)

Site design/building orientation. When the development proposal provides for the construction or expansion of a building within 100 feet of an existing road on the perimeter of the site, the project shall incorporate the following design features:

[1]

Buildings shall be designed so that they front on the existing road or, as an alternative, do not turn their backs to the road. A site that has frontage on two or more existing streets shall use the street with the greater traffic volume for the purpose of this standard.

[2]

No service or storage areas shall be located between the building and the road.

[3]

Vehicular access shall be from internal streets or combined entrances where practical.

[4]

Parking lots shall not be located, where practical, between the building and the existing road.

[5]

If a sidewalk or pedestrianway exists along the existing road, provisions shall be made to link it with the planned buildings.

(f)

Buffer requirement. The following site features shall be screened with either solid fencing or vegetation from any existing residential dwelling located on an abutting property:

[1]

Storage areas.

[2]

Dumpsters or trash collection areas.

[3]

Service areas or accessways for emergency vehicles.

[4]

Parking lots, and their associated access drives, that contain spaces for five or more vehicles.

(g)

Lighting. All exterior lighting shall use a ninety-degree cutoff fixture.

(h)

Solid waste collection. Collection of solid waste from exterior dumpsters shall only occur during daytime hours, as defined in Article 3 of this chapter.

(2)

Standards applicable where the underlying zoning district is the Farm, Farm-Residential, Light-Density Residential, or Medium-Density Residential District.

(a)

Setback requirements. Setbacks for multifamily facilities or multifamily dwelling units:

[1]

No building or part of a building shall be located within 100 feet of the external perimeter of the overall site.

[2]

The minimum setback from the external perimeter of the overall site shall vary depending on the height of the building as follows:

Building Height (feet)	Minimum Setback (feet)
0 to 30	100
31 to 35	150

(b)

Services and retail sales. Any service and retail sales shall be designed as an integral part of the building. Such facilities shall be designed for use by the residents and not to serve those living outside the facility.

(c)

Number of bedrooms. Retirement community dwellings shall be limited to three or fewer bedrooms per dwelling unit.

(3)

Standards applicable where the underlying zoning district is the Commercial I, Commercial II, or Commercial III District:

(a)

Setback requirements. Setbacks for multifamily facilities or multifamily dwelling units:

[1]

Multifamily buildings permitted by the overlay district that are located on a lot that abuts a residential zoning district, or abuts a property occupied by an existing dwelling, shall not be located within 100 feet of said abutting lot.

(b)

Basement and first-story dwelling units. Dwelling units permitted in the overlay district shall be permitted in the basement or first story of a building in the RCCFO.

[Amended 6-16-2022 by Order No. 22-108]

§ 120-421 (Reserved) [1]

[1]

Editor's Note: Former § 120-421, Child-care Overlay District (CCO), added 2-28-2023 by Order 23-031, as amended, was repealed 5-23-2023 by Order No. 23-091.

§ 120-422 Contract zones.

See § 120-108 for contract zone standards and procedures.

Village at Little Falls Contract Zone. See Appendix G, included as an attachment to this chapter.

Windham Center Contract Zone. See Appendix H, included as an attachment to this chapter.

[Added 8-24-2010 by Order 10-153]

Amendment to Contract Zoning Agreement between RKR, LLC and the Town of Windham (WCC). See Appendix H, included as an attachment to this chapter.

[Added 9-24-2013 by Order 13-144]

Mallison Falls Contract Zone (MF). See Appendix I, included as an attachment to this chapter.

[Added 7-28-2015 by Order 15-100]

322 Roosevelt Trail Contract Zone. See Appendix K, included as an attachment to this chapter.

[Added 7-11-2023 by Order No. 23-129]