To implement the provisions of this chapter, the Town of Windham
is hereby divided into the following districts:
A.
Shoreland Zoning (see Chapter 185 from the Code of the Town of Windham).
(1)
Resource Protection District (RP).
(2)
General Development District (GD).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Limited Residential District (LR).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
Stream Protection District (SP).
B.
Zoning districts.
(1)
Farm District (F).
(2)
Farm-Residential District (FR).
(3)
Light-Density Residential District (RL).
(4)
Medium-Density Residential District (RM).
(5)
Commercial District I (C-1).
(6)
Commercial District II (C-2).
(7)
Commercial District III (C-3).
(8)
Industrial District (I).
(9)
Enterprise Development District (ED).
(10)
Village Commercial District (VC).
[Added 9-14-2010 by Order 10-162]
C.
D.
Contract zones.
(1)
Village at Little Falls Contract Zone (VLF).
(2)
Windham Center Contract Zone (WCC).
[Added 8-24-2010 by Order 10-153]
(3)
Amendment to Contract Zoning Agreement between RKR, LLC and
the Town of Windham (WCC).
[Added 9-24-2013 by Order 13-144]
(4)
Mallison Falls Contract Zone (MF).
[Added 7-28-2015 by Order 15-100]
A.
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.
B.
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.
Where uncertainty exists with respect to the boundaries of the
various districts as shown on the Land Use Map, the following rules
shall apply:
A.
Boundaries indicated as approximately following the center lines
of streets, highways, or alleys shall be construed to be following
such center lines.
B.
Boundaries indicated as approximately following well-established
lot lines shall be construed as following such lot lines.
C.
Boundaries indicated as approximately following municipal lines shall
be construed as following municipal limits.
D.
Boundaries indicated as following railroad lines, power lines, or
pipelines shall be construed as following such lines.
E.
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.
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.
The following zoning districts shall be governed by the provisions of Chapter 185, Shoreland Zoning:
A.
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.
B.
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
|
C.
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.
(4)
Kennel, major.
(5)
Medical office.
(6)
Nursing home.
(7)
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.
D.
Prohibited uses. Uses that are not expressly enumerated herein as
either permitted uses or conditional uses are prohibited.
E.
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]
F.
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]
(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]
(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]
(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.
A.
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.
B.
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.
(10)
Farm enterprise.
(11)
Forestry.
(12)
Golf course.
(13)
Home occupation 1.
(14)
Home occupation 2.
(15)
Kennel, minor.
(16)
Medical marijuana registered caregiver.
(17)
Medical marijuana registered caregiver (home occupation).
(18)
Mineral extraction.
(19)
Place of worship.
(20)
Public building.
(21)
Sawmill, temporary.
(22)
Shipping container.
(23)
Use, accessory.
(24)
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]
C.
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)
Agriculture, piggery.
(2)
Agriculture, poultry facility.
(3)
Assisted living facility.
(4)
Bed-and-breakfast inn.
(5)
Boarding home for sheltered care.
(6)
Kennel, major.
(7)
Medical office.
(8)
Nursing home.
(9)
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]
D.
Prohibited uses. Uses that are not expressly enumerated herein as
either permitted uses or conditional uses are prohibited.
E.
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]
(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]
(8)
Maximum building coverage: 20%.
F.
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]
(5)
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.
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.
B.
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]
(1)
Agriculture.
(2)
Building, accessory.
(3)
Cemetery.
(4)
Child care, family home.
(5)
Dwelling, single-family detached.
(6)
Dwelling, two-family.
(7)
Dwelling, multifamily.
(8)
Forestry.
(9)
Home Occupation 1.
(10)
Home Occupation 2.
(11)
Medical marijuana registered caregiver.
(12)
Medical marijuana registered caregiver (home occupation).
(13)
Place of worship.
(14)
Public building.
(15)
Sawmill, temporary.
(16)
Shipping container.
(17)
Use, accessory.
(18)
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]
C.
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.
(4)
Hotel.
(5)
Nursing home.
(6)
Medical office.
(7)
Mineral extraction.
(8)
Motel.
(9)
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]
D.
Prohibited uses. Uses that are not expressly enumerated herein as
either permitted uses or conditional uses are prohibited.
E.
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]
(2)
Net residential density: 30,000 square feet.
(4)
(5)
Minimum side setback: 10 feet.
(6)
Minimum rear setback: 10 feet.
(8)
Maximum building coverage: 20%.
F.
District standards. In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Light-Density Residential District:
(2)
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]
(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].
A.
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.
B.
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]
(1)
Agriculture.
(2)
Building, accessory.
(3)
Cemetery.
(4)
Child care, family home.
(5)
Dwelling, single-family detached.
(6)
Dwelling, two-family.
(7)
Dwelling, multifamily.
(8)
Forestry.
(9)
Home occupation 1.
(10)
Home occupation 2.
(11)
Medical marijuana registered caregiver.
(12)
Medical marijuana registered caregiver (home occupation).
(13)
Housing for older persons.
(14)
Place of worship.
(15)
Public building.
(16)
Sawmill, temporary.
(17)
Shipping container.
(18)
Use, accessory.
(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]
C.
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.
(4)
Medical office.
(5)
Mineral extraction.
(6)
Nursing home.
(7)
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]
D.
Prohibited uses. Uses that are not expressly enumerated herein as
either permitted uses or conditional uses are prohibited.
E.
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%
|
F.
District standards. In addition to Article 5, Performance Standards, these standards shall apply to the following uses in 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)
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].
(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.
(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]
[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]
A.
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.
B.
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.
[Amended 5-26-2020 by Order 20-048; 4-12-2022 by Order No. 22-062; 11-10-2022 by Order No. 22-205; 8-15-2023 by Order No. 23-150]
|
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
|
D.
Prohibited uses. Uses that are not expressly enumerated herein as
either permitted uses or conditional uses are prohibited.
E.
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)
(5)
Minimum side setback: six feet.
(6)
Minimum rear setback: six feet.
(7)
Maximum building height: 75 feet.
[Amended 8-15-2023 by Order No. 23-151]
F.
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.
(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.
(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.
(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.
(11)
All new and reconstructed streets must be built to public street,
commercial street, curbed lane or residential street standards. No
new private streets are allowed.
(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.
[Amended 7-12-2022 by Order No. 22-126]
(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:
(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.
[Added 11-10-2022 by Order No. 22-205]
(15)
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]
(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. When not co-located with a parking lot, a
system shall not be designed to create additional power, but additional
power may result from on-site use that is less than the designed capacity.
[Added 8-15-2023 by Order No. 23-150]
[Added 7-12-2022 by Order No. 22-126; 4-25-2023 by Order No. 23-067; 4-25-2023 by Order No. 23-060; 8-15-2023 by Order No. 23-150]
A.
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.
B.
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
D.
Prohibited uses. Uses that are not expressly enumerated herein as
either permitted uses or conditional uses are prohibited.
E.
Dimensional standards. The following dimensional standards shall
apply in the Commercial District I North:
F.
District standards. In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Commercial District I North:
[Amended 3-12-2024 by Order No. 24-033]
(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]
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.
(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.
(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)
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 1N District:
(9)
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. When not co-located with a parking lot, a
system shall not be designed to create additional power, but additional
power may result from on-site use that is less than the designed capacity.
[Amended 9-14-2010 by Order 10-164; 6-12-2018 by Order 18-099]
A.
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.
B.
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.
[Amended 5-26-2020 by Order 20-048; 8-15-2023 by Order No. 23-150]
|
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
|
D.
Prohibited uses. Uses that are not expressly enumerated herein as
either permitted uses or conditional uses are prohibited.
E.
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.
(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]
F.
District standards. In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Commercial District II:
(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)
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.
(3)
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.
(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.
(9)
All new and reconstructed streets must be built to public street,
commercial street, curbed lane or residential street standards. No
new private streets are allowed.
(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)
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.
(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.
[Added 4-25-2023 by Order No. 23-060]
[Added 8-15-2023 by Order No. 23-151]
A.
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.
B.
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
|
D.
Prohibited uses. Uses that are not expressly enumerated herein as
either permitted uses or conditional uses are prohibited.
E.
Dimensional standards. The following dimensional standards shall
apply in the Commercial District IV:
F.
District standards. In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Commercial District IV:
(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.
[Amended 9-14-2010 by Order 10-164]
A.
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.
B.
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
|
C.
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)
Automobile repair services.
(3)
Bed-and-breakfast inn.
(4)
Campground, commercial.
(5)
Campground, personal.
(6)
Club.
(7)
Hotel.
(8)
Industry, light.
(9)
Motel.
(10)
Nursing home.
(11)
Public utility facility.
(12)
Restaurant.
(13)
Shipping container.
(14)
Small engine repair.
(15)
Solar energy system – ground-mounted, large scale.
[Added 8-15-2023 by Order No. 23-150]
D.
Prohibited uses. Uses that are not expressly enumerated herein as
either permitted uses or conditional uses are prohibited.
E.
Dimensional standards. The following dimensional standards shall
apply in the Commercial District III:
F.
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.
(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.
(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.
A.
Intent. The intent of this district is to provide districts within
the Town of Windham for manufacturing, processing, treatment, research,
warehousing, storage and distribution.
B.
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.
[Amended 5-26-2020 by Order 20-048; 8-15-2023 by Order No. 23-150; 11-14-2023 by Order No. 23-214; 3-12-2024 by Order No. 24-033]
|
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
|
|
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
|
C.
D.
Prohibited uses. Uses that are not expressly enumerated herein as
either permitted uses or conditional uses are prohibited.
E.
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.
(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.
(7)
Maximum building coverage: 50%.
[Amended 11-14-2023 by Order No. 23-214]
(8)
Maximum
impervious area: 75%.
[Added 11-14-2023 by Order No. 23-214]
F.
District standards. In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Industrial District:
(3)
Storage. Outdoor storage must be screened from view of public
ways.
[Amended 11-14-2023 by Order No. 23-214]
(5)
Marijuana cultivation facility. Cultivation facilities may be of the following types: Tier 1, Tier 2, and Tier 3. (See Article 3, Definitions.)
[Added 5-26-2020 by Order
20-048]
A.
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.
B.
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]
|
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
|
|
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
|
C.
D.
Prohibited uses. Uses that are not expressly enumerated herein as
either permitted uses or conditional uses are prohibited.
E.
Dimensional standards. The following dimensional standards shall
apply in the Enterprise Development District:
(1)
Minimum lot size: none
(2)
Minimum frontage: 100 feet.
(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%.
F.
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]
(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.
(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.
[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.
(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.
(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]
[Added 9-14-2010 by Order
10-162]
A.
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.
B.
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
|
D.
Prohibited uses. Uses that are not expressly enumerated herein as
either permitted uses or conditional uses are prohibited.
E.
Dimensional standards.
(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.
(8)
Maximum building coverage: no limit.
F.
District standards.
(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.
(5)
Retail sales. The maximum area of a building dedicated to retail
sales shall be 10,000 square feet.
(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]
[Added 5-23-2023 by Order No. 23-091]
A.
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.
B.
Permitted uses.
(1)
Agriculture;
(2)
Artist studio;
(3)
Bank;
(4)
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;
(15)
Fitness center;
(16)
Forestry;
(17)
Home occupation 1;
(18)
Home occupation 2;
(19)
Housing for older persons;
(20)
Medical marijuana caregiver;
(21)
Medical marijuana caregiver (home occupation);
(22)
Medical office;
(23)
Park, public;
(24)
Place of worship;
(25)
Public building;
(26)
Restaurant;
(27)
Retail sales;
(28)
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.
[Added 8-15-2023 by Order No. 23-150]
(35)
Solar energy system – ground-mounted, small scale.
[Added 8-15-2023 by Order No. 23-150]
(36)
Solar energy system – ground-mounted, medium scale.
[Added 8-15-2023 by Order No. 23-150]
D.
Prohibited uses.
(1)
Uses that are not expressly enumerated herein as either permitted
uses or conditional uses are prohibited.
E.
Dimensional standards.
(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.
(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.
(8)
Maximum building coverage: 50%.
F.
District standards.
(1)
In addition to Article 5, Performance Standards, these standards shall apply to the following uses in the Windham Center District:
(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.
(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. No new private roads are allowed.
(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)
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 4-9-2024 by Order No. 24-018]
[Added 5-23-2023 by Order No. 23-091]
A.
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.
B.
Permitted uses.
[Amended 8-15-2023 by Order No. 23-150; 4-30-2024 by Order No. 24-057]
|
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
|
C.
Conditional uses.
[Amended 8-15-2023 by Order No. 23-150; 4-30-2024 by Order No. 24-057]
|
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
|
D.
Prohibited uses.
(1)
Uses that are not expressly enumerated herein as either permitted
uses or conditional uses are prohibited.
E.
Dimensional standards.
(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.
(5)
Minimum side setback: 15 feet.
(6)
Minimum rear setback: 15 feet.
(8)
Maximum building coverage: 20%.
F.
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.
(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. No new private roads are allowed.
(g)
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.
(h)
Signs. The regulations in § 120-708, Signs permitted in all residential districts, shall apply to all uses in the Village Residential District.
(i)
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 4-9-2024 by Order No. 24-018]
A.
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.
B.
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.
D.
Prohibited uses. Uses that are not expressly enumerated herein as
either permitted uses or conditional uses are prohibited.
E.
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.
F.
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.
A.
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.
B.
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.
C.
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)
All conditional uses allowed in the underlying zoning district.
D.
Prohibited uses. Uses that are not expressly enumerated herein as
either permitted uses or conditional uses are prohibited.
F.
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)
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.
(5)
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.
(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.
A.
B.
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.
C.
Prohibited uses. Uses that are not expressly enumerated herein as
either permitted uses or conditional uses are prohibited.
D.
Dimensional standards. The following dimensional standards shall
apply in the MHPO District:
(2)
Net residential density:
E.
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]
(f)
(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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Prohibited uses. Uses that are not expressly enumerated herein as
either permitted uses or conditional uses are prohibited.
F.
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.
G.
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.
(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.
[Added 10-23-2012 by Order
12-148]
A.
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.
B.
C.
Prohibited uses. Uses that are not expressly enumerated herein, or
in the underlying zoning district, as either permitted uses or conditional
uses are prohibited.
D.
E.
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:
(g)
Lighting. All exterior lighting shall use a ninety-degree cutoff
fixture.
(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]
[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.
See § 120-108 for contract zone standards and procedures.
A.
Village at Little Falls Contract Zone. See Appendix G, included as an attachment to this chapter.
B.
Windham Center Contract Zone. See Appendix H, included as an attachment to this chapter.
[Added 8-24-2010 by Order
10-153]
C.
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]
D.
Mallison Falls Contract Zone (MF). See Appendix I, included as an attachment to this chapter.
[Added 7-28-2015 by Order
15-100]
E.
322 Roosevelt Trail Contract Zone. See Appendix K, included as an attachment to this chapter.
[Added 7-11-2023 by Order No. 23-129]
