Article 5 Performance Standards

Compliance with all building codes applicable to the construction of an accessory apartment is required.[1]

§ 120-501.1 Affordable housing development.

Editor's Note: Former Subsection F(2), regarding the issuance of a permit to the property owner, which immediately followed, was repealed 11-14-2023 by Order No. 23-213.

Only one accessory apartment shall be permitted per lot.

Accessory apartments shall not count towards the zoning district's maximum residential density standard.

A property on which an accessory apartment is located shall require the installation and use of a septic system that is approved in accordance with the State of Maine subsurface wastewater disposal rules. All applications for an accessory apartment shall include an HHE-200 form that documents the capacity of the existing or proposed system.

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

In no event shall the parking requirement for the accessory apartment be greater than the parking requirements in § 120-542, Parking and loading, and § 120-812C, Parking and loading requirements, of the single-family detached dwelling on the lot where the accessory apartment is located.

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

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

To encourage the availability of affordable housing to low- and moderate-income families in Affordable Housing Developments (as defined in § 120-301) the following increases in residential density and building height and reductions in lot size, frontage and parking requirements shall be permitted in the Commercial District I (C-1), Commercial District I North (C-1N), Commercial District II (C-2), Commercial IV (C-4), Medium-Density Residential (RM), Village Commercial (VC), Windham Center (WC) and Village Residential (VR) Districts; or other zoning districts when the development is served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system:

[Amended 8-15-2023 by Order No. 23-151; 4-9-2024 by Order No. 24-018]

The affordable housing development may be developed at 2.5 times the net residential area or acreage calculated in accordance with § 120-541.

The affordable housing development may be developed with an increase of 20% in building height and reduction of 20% in lot size and lot frontage without obtaining a variance from the Board of Appeals.

In no event shall the parking requirement be greater than two off-street parking spaces for every three dwelling units of an affordable housing development.

Long-term affordability. The affordability for all units designated affordable in the development receiving benefits from the Town under Subsection A above shall be guaranteed in accordance with the following requirements:

The period of affordability shall be at least 30 years after completion of construction.

An application for a subdivision or other residential development that includes a request for a density bonus under this section shall include a written statement on the subdivision plan or other filing plat indicating the dwelling units are earmarked as affordable. Such plat must be approved and signed by the Planning Board and then filed at the Cumberland County Registry of Deeds prior to receiving any building permits.

The method of guaranteeing affordability is determined on a case by case basis by the Town, provided that the application demonstrates to the satisfaction of the Planning Board that, by means of restrictive covenants, deed restrictions, financial agreements, or other appropriate legal and binding instruments, the dwelling units will remain affordable for the required period of time.

For rental housing, occupancy of all the units designated affordable in the development will remain limited to households at or below 80% of the local area median income at the time of initial occupancy; and

For owned housing, occupancy of all the units designated affordable in the development will remain limited to households at or below 120% of the local area median income at the time of initial occupancy.

A copy of the deed restriction shall be included as part of the subdivision or other residential development application and the deed restriction shall reference the book and page number at which the subdivision/residential development plan is recorded in the Cumberland County Registry of Deeds. Affordable housing covenants shall be held and enforceable by a party acceptable to the Town.

The period of enforceability shall be guaranteed by the developer in a document satisfactory to the Town and recorded at the Cumberland County Registry of Deeds prior to granting a certificate of occupancy for the affordable housing development. The document shall include, but not be limited to, authorization for the Town to seek the penalties outlined in the document and to seek injunctive relief, including attorney's fees and costs, or both.

§ 120-502 Agriculture.

Minimum setbacks.

Farm buildings, other than dwellings: 50 feet from the property line or 100 feet from an existing dwelling on neighboring land, whichever is farthest.

Feed lots, fenced runs, pens and similar animal-raising and -care facilities: 100 feet from a neighboring property line, excluding pastures.

Roadside stands for the sale of agricultural products: 20 feet from the nearest edge of roadway surfaces.

Agriculture sales.

Sales of retail items customarily associated with the primary agricultural business on the property, but not grown, produced, assembled or manufactured on-site, may be permitted, provided that the lesser of the following two options is met:

No more than 20% of the agricultural business's gross square footage shall be utilized for the sales and storage of said retail items.

No more than 2,000 square feet of the agricultural business's gross square footage may be used for the sales and storage of said retail items.

The gross square footage of the agricultural business shall be calculated using the sum of both the interior and exterior areas used as part of the agricultural business, including any accessory uses to the agricultural business.

Roadside stands. Shall conform to the following standards:

Stands shall be allowed in all districts in which agriculture is a permitted use or conditional use.

Stands shall be used exclusively for the sale of agricultural products.

Signs shall conform to provisions set forth in Article 7, Signs.

Stands shall be operated on land owned or leased by the person, company or partnership that cultivated and/or produced the agricultural products sold from the stand. The stand does not have to be on the same property on which the agricultural product was cultivated and/or produced.

The setback requirement of § 120-502A(3), above, shall apply.

Keeping of domesticated pets.

Dogs and cats. No limitations.

Horses, ponies and other large pets. The raising of more than two of each species of such animals six months of age or older requires conformance with this § 120-502 and the standards of the applicable land use district.

Chickens. The keeping of chickens is governed by the standards of § 120-504, Agriculture, poultry facility, and Chapter 15, Animals, Article II, Domesticated Chickens.

[Added 8-14-2012 by Order 12-099]

Spreading or disposal of manure. All spreading or disposal of manure shall be accomplished in conformance with the Manual of Best Management Practices for Maine Agriculture published by the Maine Department of Agriculture, Conservation and Forestry, as amended.

§ 120-503 Agriculture, piggery.

Number of animals. These standards apply to the keeping of two or more pigs that are six months old or older. These standards do not apply to the raising and selling of any number of pigs that are under six months of age.

Setbacks. The following distances are from the identified use to the nearest property not owned or controlled by the operator/owner of the piggery:

Structures: 50 feet.

§ 120-504 Agriculture, poultry facility.

Feed lots, pens and extensively used areas: 100 feet.

Erosion and sediment control. The property owner shall demonstrate to the Code Enforcement Officer that erosion and sediment runoff will not enter an abutting property.

Number of animals. These standards apply to the keeping of 13 or more poultry that are six months old or older in zoning districts in which agriculture, poultry facility is either a permitted use or a conditional use. These standards do not apply to the raising and selling of any number of poultry that are under six months of age. The keeping of 12 or fewer chickens in the residential zoning districts (Farm, Farm-Residential, Light-Density Residential, and Medium-Density Residential) is governed by the standards of Chapter 15, Animals; Article II, Domesticated Chickens.

[Amended 8-14-2012 by Order 12-099]

Setbacks. The following distances are from the identified use to the nearest property not owned or controlled by the operator/owner of the poultry facility:

Structure, including barns or coops: 50 feet.

§ 120-505 Adult business establishment.

Feed lots, pens and extensively used areas: 100 feet.

Erosion and sediment control. The property owner shall demonstrate to the Code Enforcement Officer that erosion and sediment runoff will not enter an abutting property.

Such establishment shall be at least 2,000 feet from the nearest property line of any school, place of worship, library, playground, child-care family home, child-care facility or any residential zoning district. Said distance shall be measured in a straight line without regard to intervening structures or objects.

No sexually explicit materials, entertainment, or activity shall be visible from the exterior of the premises.

§ 120-506 Automobile auction facility.

[Added 10-14-2014 by Order 14-387]

Automobiles shall be kept on the lot for no more than 180 cumulative days. After 180 days, the operator must prove application to the State of Maine for an abandoned vehicle title or show a legal reason the automobile cannot be sold, such as active litigation.

All stored automobiles shall be kept in a designated parking area. The designated parking area shall be no closer than 300 feet to a residential structure that conforms to this chapter and is not owned or controlled by the operator of the automobile auction facility.

The designated parking area shall be screened from public ways and abutting properties. Such screening shall consist of opaque fencing which must be a minimum of six feet in height.

The automobile auction facility shall ensure that leaking fluids from damaged or wrecked vehicles are collected or contained, per applicable Maine Department of Environmental Protection standards.

Burned vehicles shall be stored under cover to protect them from the elements.

No stacking of vehicles will be allowed.

No dismantling of automobiles or storage of more than 50 gallons of fluid will be allowed on site.

Automobile auction facilities shall require an annual inspection by the Code Enforcement Officer. The following checklist will be used as a guide for annual inspections:

Item	Compliant	Not Compliant
Proof of application to state for automobiles stored for more than 180 days?
All stored vehicles stored in designated parking area?
Fencing installed around the designated parking area?
All burned vehicles stored under cover?
No evidence of dismantling of automobiles or storage of more than 50 gallons fluids on-site?
Date of inspection:
Code Enforcement Officer signature:

§ 120-507 Automobile repair services.

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

The following standards shall apply to all automobile repair services:

The sale of gasoline or other petroleum products shall not be allowed as an accessory use (see definition of "automobile gas station" in Article 3).

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

Upon completion of all repair work, as requested by the customer, no more than two registered automobiles shall be left on-site in excess of 45 cumulative days each in a calendar year. (See definition for "automobile graveyard" in Article 3.) The storage of automobiles in excess of this standard shall not be allowed as an accessory use for automobile repair services established after August 7, 2014 (see standards for automobile storage lot[1]).

Editor's Note: See § 120-508.

Automobiles may not be displayed for sale, or sold, on the premises, unless retail sales, automobile sales is a permitted use or a conditional use in the applicable zoning district.

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

§ 120-508 Automobile storage lot.

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

The following standards shall apply to automobile storage lots created after August 7, 2014:

Automobiles shall be kept on the lot for no more than 45 cumulative days in a calendar year.

The designated parking area shall be screened from public ways or structures on abutting properties. Such screening shall consist of opaque fencing, which must be a minimum of six feet in height.

The automobile storage lot shall ensure that leaking fluids from damaged or wrecked vehicles are collected or contained, per applicable Maine Department of Environmental Protection standards.

Automobile storage lots shall require an annual inspection by the Code Enforcement Officer.

§ 120-509 Bed-and-breakfast inn.

The following standards shall apply to all bed-and-breakfast inns:

A maximum of three guest bedrooms shall be allowed in the inn.

Total sleeping accommodations shall be for eight or fewer guests.

Breakfast shall be the only meal served and shall be limited to overnight guests.

Rental for more than 30 cumulative days in a calendar year to the same guest, or guests, is prohibited.

The bed-and-breakfast inn must be the primary residence of the property's owner or operator.

A structure shall not be used or occupied as a bed-and-breakfast inn until:

The State Fire Marshal certifies the structure to be in compliance with applicable sections of the NFPA 101 Life Safety Code;

All necessary state approvals have been received; and

§ 120-510 Boarding home for sheltered care.

A certificate of occupancy has been issued by the Code Enforcement Officer.

The facility shall be licensed as a boarding care or congregate care facility according to regulations issued by the Maine Department of Health and Human Services.

§ 120-511 Buffer yard.

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

Purpose. Buffers are plantings, berms, and/or walls, fences or natural features that are used to separate conflicting land uses, districts, or activities from one another. They should be used to:

Create attractive visual settings designed to break up or interrupt building lines, accent buildings and scale down larger architectural elements; surround and frame signs; and substantially obscure headlights and other glare caused by vehicles, windows, outdoor lighting, or other modifications of the landscape.

Reduce the impact of noise and mask its source.

Reduce air pollution, wind, dust, dirt, and litter and contribute to healthy air and water quality.

Help prevent undesirable access to dangerous areas.

Direct the eye to more attractive views in keeping with the planned character of the Town.

General standards.

Unless otherwise stated, the buffer yard requirements shall apply:

At perimeter property lines of conservation and country subdivisions.

At or beyond the perimeter of developed areas associated with single developments where such single developments are not associated with a subdivision. Where no land use exists within 200 feet of the rear of the developed area, no buffer is required along the rear perimeter of the developed area, and the sideline buffers need not extend beyond the limits of the developed area.

Along public and private street frontages.

In the commercial districts, at the boundaries of new nonresidential developments proposed adjacent to Residential District boundary lines.

In the commercial districts encompassing all nonresidential outside storage areas, loading docks, garbage collection areas, on-ground electrical transformer stations, service areas and similar facilities.

Natural features shall be maintained wherever possible to meet buffer requirements. When natural features such as topography, gullies, stands of trees, shrubbery or rock outcrops do not exist or are insufficient to provide an effective buffer, landscaped buffers shall be created. Indigenous plantings shall be used whenever possible; landscape plans shall strive for a "natural" look.

Although this section does not prohibit landscaping within a road or street right-of-way, no part of the right-of-way shall be used to satisfy the buffer yard requirement.

Buffer yard design and materials.

Existing native plant material. The use of existing plant material is strongly encouraged in landscape buffer yards. Existing natural groundcover should be retained where possible by avoiding scraping, grading and sodding within the landscape buffer yard. Where the planting requirements require additional trees or shrubs to be installed in an existing natural area, installation should minimize disturbances to native species.

Trees. Where the planting requirements indicate that additional trees shall be installed, required trees shall be a minimum of six feet in height or two inches in caliper, as appropriate. At least 1/2 of the required trees shall be locally adapted natural evergreen species. Trees shall be distributed throughout the yards, so that there are no horizontal gaps between trees greater than 30 feet as measured parallel to the property line. Required canopy trees shall have an expected mature height of 30 feet or greater. Required understory trees shall have an expected mature height of at least 15 feet.

Shrubs. Shrubs planted to meet the minimum standards of this article shall be a minimum of 1 1/2 feet in height when planted and at least 1/2 shall be expected to reach five feet or greater in height within five years of planting. At least 1/2 of the required shrubs shall be locally adapted evergreen species. Shrubs planted on berms may have a lesser mature height provided that the combined height of the berm and plantings after five years is at least five feet. Shrubs shall be planted in such a way as to form continuous coverage with no shrub being greater than five feet from another as measured parallel to the property line. Shrubs may be planted in staggered rows or any other pattern which still achieves the desired continuous coverage.

Compatibility of landscaping materials. Supplemental plantings should be chosen to enhance the existing vegetation within the landscape buffer yard. The species used in the supplemental plantings should be species that occur naturally in the landscape, and should be selected for their noninvasive properties.

Grading and use of berms. Proposals for grading within a buffer yard shall demonstrate superior enhancement of the buffer function compared to retention of the existing grades. Grading should not endanger or remove existing trees which occur within a landscape buffer yard, unless the proposal clearly demonstrates an enhanced buffer. Where berms are incorporated into the yard, the required plantings may have a lesser mature height, provided that the combined height of the berm and plantings will equal the required mature heights of plantings.

(f)

Other uses within buffer yards prohibited, except:

Trails may occur within buffer yards provided that the required effect of the yard is not compromised.

The following stormwater infrastructure shall be allowed within the buffer yard: low-impact development (LID) systems as identified in the September 21, 2007, report, "LID Guidance Manual for Maine Communities," as amended.

(g)

Buffer yards shall be continuous and unbroken except for driveways or sidewalks required to access parking areas or streets. Driveway/sidewalk penetrations shall cross the buffer yard as close to perpendicular as possible.

(h)

Maintenance of required landscape materials. The property owner shall maintain the landscaping required by this section.

(i)

Design standards. Clear lines of sight shall be maintained along streets and driveways to provide for the safety of motorists, pedestrians and bicyclists.

Buffers between different uses.

Table 1 shall be used in determining the specific buffer yard width and landscaping requirements along perimeter property lines of developments.

General. These yard requirements are stated in terms of minimum yard width and the density of required plant material per linear foot of yard. To determine the total number of plants required, the length of the lot frontage shall be divided by 100 and multiplied by the number of plants shown in the illustration.

Flexibility in buffering requirements. To accommodate circumstances where the required buffering may not fit site conditions, an applicant may submit an alternative plan for buffer areas, provided that, to the maximum extent possible, an equal or greater amount of buffer area is provided than would otherwise be required. Alternative buffer plans shall be approved, provided the applicant demonstrates that site conditions, including special project design features, topographic features, physical constraints imposed by existing or adjacent development, and/or existing natural or vegetative features, prevent the placement of buffers as otherwise required by these regulations, and provided that the alternative buffer plan conforms to the maximum extent possible to the buffer requirements of these regulations.

The following are guidelines applicable to making decisions about buffers:

High-intensity uses of any type. In general, projects having high-intensity characteristics should provide a wider and thicker buffer where they abut residences or residential district lines. Fencing or berms may also be necessary for sites where vegetation will take longer to establish an effective screen, topographic conditions dictate, or the applicant wishes to maintain or establish less vegetative cover.

Industrial uses abutting commercial, residential, business and professional or institutional uses. A buffer along perimeter property lines between an industrial project and a residential property should use predominantly evergreen plantings with some deciduous material to provide a high degree of opacity in screening the potential visual impacts. The buffer should break up a substantial amount of the industrial form, texture and building mass or activity. Where industrial uses abut other nonresidential uses, the buffer should provide a transition space between activities and may be used to provide open space amenities for employees and visitors.

Commercial uses abutting residential, business and professional, and institutional uses. In residential and industrial zones, the intent is to fully screen commercial uses from view of existing abutting residential uses, so predominantly evergreen plantings may be necessary if natural vegetation is not available. Where commercial uses abut business, professional and institutional uses in residential and industrial zones, buffers should provide transition spaces between and may be used to provide open space amenities for employees and visitors.

Buffers for abutting land uses.

Buffer yard requirements in residential districts. Table 2 shall be used in determining which applicable buffer yard from Table 1 is required.

Table 2 Minimum Buffer Yard Requirements For Abutting Land Uses
Proposed Land Use in F, FR, RL, RM, VR	Abutting Land Use in F, FR, RL, RM, VR
Proposed Land Use in F, FR, RL, RM, VR	Residential	Business professional, retail, service business, industrial, commercial
Residential (single, two-family, multifamily up to 4 dwelling units)	Not required	Not required
Other residential (boarding home, nursing home, multifamily over 4 dwelling units)	E	Not required
Business professional	F	H
Retail, service businesses	B	H
Other commercial	H	H
Industrial	G	G

Buffer yard requirements in commercial districts (C-1, C-2, C-3, C-4, I, ED, VC and WC Districts).

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

All nonresidential uses permitted in the commercial zoning districts and proposed to abut a Residential Zoning District (F, FR, RL, RM, VR or any residential district in an adjacent municipality) line shall use Buffer Yard I along the boundary abutting the Residential Zoning District line.

In an ED District a lot that abuts or is within 100 feet of the boundary line of any commercial district, shall use Buffer Yard G along the boundary abutting the Commercial Zoning District line.

Buffers along streets.

The buffer yard shall be adjacent to, and parallel with, the front property line of a lot or parcel.

Commercial Districts (C-1, C-2, C-3, C-4, VC and WC Districts): use Buffer Yard G.

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

Industrial District: use Buffer Yard A.

Enterprise Development District:

Frontage on improved public rights-of-way that was in existence prior to the creation of the Enterprise Development District: use Buffer Yard J.

One sign that identifies the establishments within the Enterprise Development District shall be permitted within the landscaped buffer strip. See Article 7, Signs.

Other streets: use Buffer Yard A.

Nonresidential uses in certain Residential Zoning Districts (RL, RM, VR): use Buffer Yard G.

(f)

Farm and Farm Residential Districts: agriculture and forestry uses and lots created as part of a residential subdivision approved after July 9, 2020 are not subject to this standard. The property owner may choose among the following buffer yard widths and plantings to satisfy the requirement:

Farm District:

Public street frontage: use Buffer Yard A, B, or C.

Private way or private road frontage: use Buffer Yard D, E, or F.

Farm Residential District:

Public street frontage: use Buffer Yard D, E, or F.

Private way or private road frontage: use Buffer Yard G or H.

Or front setback increased to 100 feet, one street tree planted for every 50 feet of lot frontage, and a minimum two-foot tall, piled stone wall exists or is constructed at the front lot line. Street 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.

§ 120-512 Campground, personal.

Personal campgrounds may be used for no more than 120 days within a calendar year.

§ 120-513 Central sewage system.

[Amended 4-27-2010 by Order 10-075]

The following standards, in addition to those required by the State of Maine, shall apply to centralized sewer systems:

A centralized system may include a private sewer collection system flowing into a larger septic tank, or it may include building drains flowing into individual smaller septic tanks.

The wastewater, after receiving primary treatment in the septic tank or tanks, may be pumped or gravity fed to a single subsurface disposal field or several fields on a common land area.

A maintenance agreement between the property owners served by the central sewage system must be established and submitted to the Town of Windham prior to installation of the central sewage system.

§ 120-514 Child-care facility.

[Amended 4-27-2010 by Order 10-075]

Child-care facilities must have a license from the Department of Health and Human Services to operate the facility.

All outdoor play areas shall meet applicable State of Maine requirements with regards to boundaries or fencing.

Note: Child-care applicants should refer to the state plumbing standards in 30-A M.R.S.A. § 4211.

§ 120-515 Child care, family home.

Family home child care must have a certificate from the Department of Health and Human Services.

All outdoor play areas shall meet applicable State of Maine requirements with regards to boundaries or fencing.

The child-care operation shall use a maximum of 20% of the total floor area of the dwelling unit in which it is located. The basement floor areas shall be excluded in the calculation of the 20%.

Note: Child-care applicants should refer to the state plumbing standards in 30-A M.R.S.A. § 4211.

§ 120-516 Conditional use.

[4-17-2010 by Order 10-061; 7-8-2014 by Order 14-223; 6-16-2022 by Order No. 22-108; 1-27-2026 by Order No. 26-009]

The review authority shall permit as a conditional use any matter so referred to by other provisions of this chapter, provided that the standards of this section, as well as any applicable performance standards from Article 5, are met. Conditional use permits run with the land and thus pass from one owner of the property to the next unless the approval is limited to the petitioner by the review authority.

Review authority.

Board of Appeals. The Board of Appeals shall serve as the review authority for all conditional use applications, except where the application is reviewed by the Planning Board.

Planning Board. The Planning Board shall serve as the review authority for all conditional use applications that are submitted in combination with the following:

A minor site plan review application under Article 8, Site Plan Review;

A major site plan review application under Article 8, Site Plan Review; or

A minor or major subdivision review application under Article 9, Subdivision Review.

Submission time lines.

Applications to the Board of Appeals shall be filed at least 21 days prior to the meeting at which the applicant wishes to be heard.

Submissions to the Planning Board shall meet the submission deadlines for subdivision or site plan review applications, as appropriate (See Articles 8 and 9).

Submission requirements. The petitioner shall submit the following information to the proper review authority:

A cover letter describing the requested conditional use and location of the property.

Written statements describing how the conditional use will meet the review criteria of this section.

Diagrams and/or photographs demonstrating that the conditional use will meet the review criteria of this section. If the information is contained in either a site plan or subdivision application, it must be referenced in § 120-516D(1), above.

Proof of right, title or interest in the property on which the conditional use will be located.

An "ability to serve" letter from the Portland Water District if public water or sewer is to be supplied to the conditional use.

Documentation of the applicant's technical capacity to implement the proposed use.

Application fees. The application shall include:

A nonrefundable application fee as established by the Town Council.

A peer review escrow deposit as established by the Town Council. Unexpended peer review escrow funds shall be returned to the applicant.

Consulting and review fees.

The review authority may retain the services of an independent consulting firm for the review and/or post-approval inspection of any conditional use application.

The following procedures shall govern the use of an independent consulting firm:

Board of Appeals. The provisions of § 120-1103C (Board of Appeals consulting and review fees).

Planning Board and staff review committee. The provisions of § 120-810C (site plan review consulting and review fees).

Public hearing.

The review authority shall hold a public hearing on any conditional use application.

Notification requirements. The notice shall contain the time, date, and place of the hearing and be:

Published in a newspaper of general circulation at least seven days prior to the hearing.

Mailed to abutting property owners at least seven days prior to the hearing. Notices shall be deemed given when said notices are mailed. The failure of any petitioner or property owner to receive said notice shall not necessitate another hearing.

Review criteria. The review authority shall have the power and duty to approve, approve with conditions, or deny conditional use applications based on the following standards:

Property value. The proposed use will not depreciate the economic value of surrounding properties.

Wildlife habitat. The proposed use will not damage significant wildlife habitat or spawning grounds identified by the Maine Department of Inland Fisheries and Wildlife or by the Town of Windham's Comprehensive Plan.

Botanical species. The proposed use will not damage rare or endangered botanical species as identified by the Maine Department of Agriculture, Conservation and Forestry or by the Town of Windham's Comprehensive Plan.

Potable water.

The proposed use has access to potable water.

The proposed use will not burden either a groundwater aquifer or public water system.

Sewage disposal. The proposed use has adequate capacity to dispose of sewage waste. A change from one use to another use must show that either:

The existing sewage system has adequate capacity for the proposed use; or

The existing system will be improved, or a new system will be installed to provide adequate waste disposal capacity.

Traffic. The proposed use has adequate sight distance as established by current Maine DOT Highway Entrance and Driveway Rules.

Public safety. The proposed use will not overburden police, fire and rescue services, as determined by response time, accessibility to the site of the proposed use, and numbers and types of emergency personnel and equipment presently serving the community.

Vibration. The proposed use will not produce inherently and recurrently generated vibrations that exceed a peak particle velocity greater than 2.0 at the closest protected structure, as defined by the Maine Department of Environmental Protection.

(9)

Noise. The proposed use shall meet the noise standards in § 120-812S of Article 8, Site Plan Review.

(10)

Off-street parking and loading. The proposed use meets the parking and loading standards of § 120-812C of Article 8, Site Plan Review.

(11)

Odors. The proposed use will not emit noxious or odorous matter in such quantities as to be offensive at the lot boundaries.

(12)

Air pollution. No emission of dust or other form of air pollution is permitted which can cause any damage to health, to animals or vegetation, or other forms of property, or which can cause any excessive soiling at any point, and in no event any emission, from any activity permitted, composed of any solid or liquid particles in concentration exceeding 0.3 grain per cubic foot of the conveying gas or air at any point.

(13)

Water pollution. No discharge at any point into any private sewage disposal system or stream or into the ground of any materials in such nature or temperature as to contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements is permitted.

(14)

Erosion and sediment control. The proposed use will not cause water pollution, sedimentation, or erosion, nor contaminate any water supply, nor reduce the capacity of the land to hold water, so that a dangerous or unhealthy condition may result.

(15)

Hazardous material. No use shall for any period of time discharge across the boundaries of the lot wherein it is located toxic and noxious matter in concentrations so that a dangerous or unhealthy condition may result.

(16)

Zoning district and performance standards. The proposed use meets the applicable zoning district standards in Article 4 and the applicable performance standards of Article 5.

(17)

Solid waste management. The proposed use shall provide for adequate disposal of solid wastes. All solid waste must be disposed of at a licensed disposal facility having adequate capacity to accept the project's wastes.

(18)

Use specific standards. The proposed use complies with all other performance standards within this Article 5, specific to the proposed conditional use.

Conditions of approval. In granting a conditional use, the review authority shall have the authority to impose such conditions as it deems necessary in furtherance of the intent and purpose of this chapter, to assure that there will be no adverse effects on adjacent properties, and to assure that the proposed use or modification will be compatible with other uses in the neighborhood or district. Such conditions of approval may be imposed based upon, but shall not be limited to, the following factors:

The location of drives, parking areas, lighting, signs, dumpsters, snow storage areas and outdoor storage areas.

Access to the site for vehicular and pedestrian traffic, and emergency access.

Sight distance at access points.

Fences, screening and buffering.

Landscaping and stormwater drainage.

Hours of operation.

Any other factors relating to the impact of the proposed use on neighboring properties.

Inspections. The review authority may require the provision of third-party inspections during installation of the proposed use.

The applicant shall be responsible for all third-party inspections,

An escrow account for the provision of third-party inspections shall be established prior to the issuance of a building permit, or installation of the proposed use. All unexpended funds from the escrow account shall be returned to the applicant.

§ 120-517 Contractor services.

[Added 6-11-2019 by Order 19-057]

Type of contractor vehicles. Contractor services uses are limited to single-unit, dual-axle vehicles only. These vehicle types are classified by the Federal Highway Administration as Class 1-5 vehicles. See table below.

Federal Highway Administration Vehicle Classification Table

Storage of materials. Machinery, trailers, equipment and materials must be stored indoors (see § 120-519, Contractor storage yard, for standards related to outdoor storage).

Lighting. Lighting may be used which serves security, safety and operational needs.

All lighting shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists or pedestrians or from adjacent dwellings.

All lighting shall be designed and directed to minimize light levels at the property line.

§ 120-518 Contractor services, landscaping.

The Code Enforcement Officer may require a lighting plan or lighting details when areas to be illuminated are near property lines. Such information may become a condition on a building permit or certificate of occupancy.

[Added 6-11-2019 by Order 19-057]

Federal Highway Administration Vehicle Classification Table

Storage of materials. Machinery, trailers, equipment and materials must be stored indoors (see § 120-519, Contractor storage yard, for standards related to outdoor storage).

Lighting. Lighting may be used which serves security, safety and operational needs.

All lighting shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists or pedestrians or from adjacent dwellings.

All lighting shall be designed and directed to minimize light levels at the property line.

§ 120-520 Construction services, heavy (major and minor).

§ 120-519 Contractor storage yard.

[Added 6-11-2019 by Order 19-057]

Visual screening. All stockpiled materials, including sand, gravel, crushed rock, topsoil, mulch and other similar materials, as well as outdoor storage areas for equipment and heavy construction service vehicles, must be screened from abutting properties and public rights-of-way with six-foot opaque fencing or screened with well-maintained evergreen vegetation a minimum of six feet high at the time of planting. Fencing or landscaping requirements may be reduced by the review authority where the contractor storage yard is adequately screened through existing vegetated areas, the position of buildings on-site, or by using a site's topography to minimize view of the contractor storage yard from abutting properties and public rights-of-way.

Solid waste and recycling. All dumpsters or similar large collection receptacles for waste materials and recyclables must be located on level, compacted gravel or pavement. These receptacles shall be screened from view with opaque fencing or landscaping.

Lighting. Lighting may be used which serves security, safety and operational needs. All lighting shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists or pedestrians or from adjacent dwellings.

[Added 6-11-2019 by Order 19-057]

Type of vehicles. Heavy construction services uses may include multiaxle vehicles, such as three- and four-axle dump trucks, cement mixers, multiunit vehicles and other heavy vehicles. These vehicle types are classified by the Federal Highway Administration as Class 6-13 vehicles. See table below.

Federal Highway Administration Vehicle Classification Table

Storage of materials and vehicles. All heavy construction services vehicles, trailers, machinery, equipment and materials must be stored indoors (see § 120-519, Contractor storage yard, for standards related to outdoor storage).

Lighting. Lighting may be used which serves security, safety and operational needs.

All lighting shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists or pedestrians or from adjacent dwellings.

All lighting shall be designed and directed to minimize light levels at the property line.

§ 120-522 Curb cuts and driveway openings.

§ 120-521 Controlled access street.

[Amended 1-22-2013 by Order 13-002; 5-27-2025 by Order No. 25-090]

For the purposes of this chapter, only the following streets shall be classified as controlled access streets: Manchester Drive and Veterans Memorial Drive (the Eastern Connector).

All curb cuts on a controlled access street must be spaced at least 300 linear feet from the nearest curb cut on said controlled access street. (See Article 3, definition of "street classification.")

[Amended 1-22-2013 by Order 13-001; 6-16-2022 by Order No. 22-108; 7-12-2022 by Order No. 22-126; 5-23-2023 by Order No. 23-091; 8-15-2023 by Order No. 23-151; 5-27-2025 by Order No. 25-090]

These standards provide for the review of any entrance onto a public way for compliance with sound construction and design practices to ensure that traffic safety, drainage and public improvements are not adversely affected. In many cases, this section works in conjunction with the street design standards in Article 9, Subdivision Review.

Zoning district standards.

F, FR, RL, RM, VR Districts.

A parcel shall be limited to two curb cuts on the same street.

Each curb cut shall be limited to 30 feet in width.

The Planning Board may waive this standard if the request is part of a site plan or subdivision application. The applicable waiver criteria of Article 8, Site Plan Review, or Article 9, Subdivision Review, shall apply.

C-1, C-1N, C-2, C-3, C-4, I, VC, WC Districts.

A parcel shall be limited to one curb cut on the same street. The Planning Board may waive this standard to allow a maximum of two curb cuts on a nonarterial street if the request is part of a site plan or subdivision application. The applicable waiver criteria of Article 8, Site Plan Review, or Article 9, Subdivision Review, shall apply.

Each curb cut shall be limited to 40 feet in width.

Parking areas with more than two parking spaces shall be so arranged that vehicles can maneuver within such areas and exit onto the street in a forward motion.

Permit required.

No driveway, entrance or approach or other improvement within the limits of a public right-of-way may be constructed, altered or relocated except in accordance with an entrance permit issued by the Town upon application.

The Town Council may establish the fee for an entrance permit.

Entrance permits shall be reviewed and approved by the Director of Public Works, or his designee.

The entrance permit shall be valid for a period of 12 months from the date of original issue.

No entrance, approach or other improvement constructed on a public right-of-way shall be relocated or its dimensions altered without an entrance permit from the Town.

The property owner is responsible for future maintenance of the entrance within the limits of the public right-of-way and shall maintain the entrance in accordance with the approved permit.

All work to a curb cut in accordance with the approved permit must be completed prior to the issuance of a certificate of occupancy for any structure accessed by said curb cut, except for the following:

During periods of the year in which asphalt may not be obtained from a manufacturer, the Director of Public Works or Code Enforcement Officer may grant a conditional certificate of occupancy with a condition that all required work on the curb cut must be completed within two months of the opening of the local asphalt plants. Failure to complete all work to a curb cut in accordance with the approved permit shall constitute a violation of this chapter. (See Article 10, Administration.)

Approval criteria.

General. Entrances shall be designed and constructed to provide safe access to the public right-of-way. Applicants are encouraged to comply with the "Access Management Handbook for Local Officials" as developed by the Maine Department of Transportation, 1994, as amended.

Applicant. The applicant for a permit shall be the owner of the property being served, or his designee. Any driveway or approach constructed by the owner shall be for the bona fide purpose of securing access to the owner's property and not for the purpose of parking or servicing vehicles in, or on, the public right-of-way.

Sight distance criteria. All entrances shall be so located such that vehicles approaching or using the entrance will be able to obtain adequate sight distance in both directions along the public way or to maneuver safely and without interference with traffic.

Measurements to determine sight distance shall be made in the proposed entrance at a point 10 feet from the edge of the traveled way with the height of eye 3.5 feet above the pavement. The sight distance shall be computed from this point measuring along the roadway to a point where an approaching height of object 4.25 feet is first seen.

Driveway placement shall be such that an exiting vehicle has an unobstructed sight distance according to the minimum sight distance standards in § 120-911M(4) and Table 1 of Article 9, Subdivision Review. (See Article 9, Subdivision Review.)

Geometry.

The entrance shall have a maximum slope of 3% for a minimum of one car length from the edge of pavement of the public street.

For uncurbed public rights-of-way, the entrance shall in general slope away from the public street surface at a rate of not less than 1/4 inch per foot nor more than one inch per foot for a distance of not less than the prevailing width of the existing shoulder, but in no case less than four feet from the edge of pavement.

The entrance should intersect the traveled public street in accordance with the applicable standards in Table 3 in Appendix B for a driveway and entrances, the minimum angle of street intersection standards for a local street shall apply. (See Table 3 in Appendix B, Street Design and Construction Standards.[1])

Editor's Note: Appendix B is included as an attachment to this chapter.

No part of the entrance shall extend beyond the property lot frontage for the lot being served.

The entrance shall be set back at least 50 feet from a public intersection.

Drainage.

Existing roadside drainage in gutter or ditch lines shall not be altered or impeded by the applicant. The applicant must provide at his/her expense suitable and approved drainage structures at all entrances.

The applicant, at his/her expense, may be required to make improvements to existing drainage structures to mitigate any impacts of the proposed curb cut.

Surface drainage shall be provided so that all surface water on the areas adjacent to the road shall be carried away from the roadway.

Where a drainage culvert is required to maintain roadside drainage, the Town must approve the pipe diameter/length and type of pipe material prior to installation. In any case, the pipe size shall be at least 12 inches in diameter.

Construction.

The owner shall be responsible for all construction and restoration of disturbed areas for the entrance within the limits of the public right-of-way.

The entire portion of any entrance within the limits of the public right-of-way shall be constructed with a well-graded gravel base course that meets the aggregate subbase standards for the street on which the entrance is located. (See Table 4 in Appendix B, Street Design and Construction Standards[2]).

Editor's Note: Appendix B is included as an attachment to this chapter.

The entrance shall have a paved apron that extends at least four feet back from the edge of pavement of the public street. At a minimum, the paved apron shall consist of a 1.5-inch base course that complies with the HMA 19.0 mm standard.

Curb and sidewalk.

When sidewalk or curb exists at the proposed entrance, the applicant shall remove and replace such materials at the applicant's expense. Any granite curb to be removed by the applicant will remain the property of the Town.

Where curb exists, curb tip-downs shall be provided at each side of the new entrance.

Where sidewalk is removed to accommodate a new entrance, a new walk surface of equal-type construction is to be provided. In general, sidewalks shall meet the following standards:

The maximum sidewalk longitudinal transition slope is not to exceed one vertical to 12 horizontal.

The maximum sidewalk cross-slope is not to exceed 2%.

No abrupt changes in grade are permitted and the maximum curb reveal crossing a walkway is 0.5 inch or less.

The sidewalk area at all entrances shall meet the standards of the Americans with Disabilities Act.[3]

Editor's Note: See 42 U.S.C. § 12101 et seq.

§ 120-523 Developable land.

[Amended 10-10-2017 by Order 17-161]

Land proposed for development shall meet the following standards:

A parcel of land that meets the standards of the zoning district in which it is located; or

If located in an approved subdivision, a parcel of land that meets the standards for net residential area or acreage in Article 5, Performance Standards, § 120-541.

§ 120-524 Drive-through facility.

[Amended 5-23-2023 by Order No. 23-091]

A drive-through facility shall only be allowed as part of a principal use that is allowed as either a permitted use or conditional use in the applicable zoning district (See Article 4, Zoning Districts).

Drive-through facilities shall be designed and have sufficient stacking capacity to avoid the queuing of vehicles on any public street.

§ 120-525 Dwelling, mixed-use.

The following standards shall apply to mixed-use dwellings:

These uses shall not be permitted in the basement or first story of a building.

The entire building in which the uses are located shall be equipped with a sprinkler system approved by the Windham Fire-Rescue Department or State Fire Marshal's Office.

§ 120-526 Farm enterprise.

[Added 10-13-2020 by Order 20-211]

Approval required. The Board of Appeals must approve all applications for a farm enterprise. The granting of a farm enterprise shall apply to the applicant and shall not be transferable to a subsequent owner of the property.

Public notification. Notice shall be sent to all owners of abutting property at least seven days prior to the Board's initial consideration of an application.

Public hearing. The Board of Appeals shall hold a public hearing on any application. Notice of the public hearing shall be:

Mailed to the owners of all abutting property at least seven days prior to the hearing.

Advertised in a newspaper of general circulation at least seven days prior to the hearing.

Permitted uses. Farm enterprise uses shall be as follows:

Uses that meet the standards of § 120-526E. Uses may include public or private events such as meetings, parties, weddings, receptions, dances, sporting events and on-site lodging for the special event.

Standards.

The property serving as the site for a farm enterprise shall be at least five contiguous acres and principal agriculture use. The property may or may not have a residential use.

The farm enterprise shall be owned by the owner of the agriculture use.

The farm enterprise is located on property owned by the owner of the agriculture use.

Should the farm enterprise not be conducted in an existing structure, new structure(s) constructed, or temporary structures, such as tents, erected for the sole purpose of conducting a farm enterprise shall not exceed a total of 10,000 square feet of ground area.

Noise. The standards in § 120-812S shall apply.

Hours. Hours of operation shall be limited to the hours of 8:00 a.m. to 10:00 p.m.

Lighting. All lighting associated with the farm enterprise shall be turned off by 11:00 p.m. Lighting fixtures shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists or pedestrians or from adjacent dwellings and so that they do not unnecessarily light the night sky.

Parking. In addition to the off-street parking provided to meet the normal requirements of the farm, adequate off-street parking shall be provided for the following:

Vehicles of each employee; and

Vehicles of the maximum number of users which the farm enterprise may attract during peak operating hours.

(9)

Sewage. Evidence shall be provided that the property's subsurface disposal system can accommodate the wastewater generated by the farm enterprise. Temporary use of portable toilet units is allowed for special events. Prior to each event, the location and number of portable toilet units shall be approved by the Code Enforcement Officer.

(10)

Traffic.

The Board of Appeals may require parking attendant(s) to direct traffic into the facility and towards available parking at the start of the event.

Temporary directional signage shall be located on any entrance and within the parking area to ensure orderly flow of traffic. Temporary signs shall be placed prior to all events and removed at the conclusion of the event.

(11)

Operation limits for public or private events, and other types of periodic uses. No more than 24 individual events may be held in a calendar year.

Conditions. The Board of Appeals may place conditions on the farm enterprise to minimize impacts on area properties. The conditions must be related to the Board of Appeals findings on the standards listed in § 120-526E.

§ 120-527 Home occupation 1.

Permit required. A permit must be obtained from the Code Enforcement Department prior to the installation of a home occupation 1. The granting of a home occupation shall apply to the applicant only while the applicant resides at the property.

Permitted uses. The following uses, as defined in Article 3, shall be allowed as a home occupation 1:

Artist studio.

Small engine repair.

Business and professional office.

Service business, personal [see § 120-527C(1) below].

Medical marijuana registered caregiver (home occupation) (see § 120-537, Marijuana businesses).

Standards. In making its findings, the Code Enforcement Department shall use the standards for a home occupation 2 in § 120-528F and the following:

Service business, personal. When authorized as a home occupation 1, this use shall not include laundry or dry-cleaning services. (Laundry and dry-cleaning services may apply under § 120-528, Home occupation 2).

Conditions. The Code Enforcement Department may place conditions on the home occupation to minimize impacts on area properties. The conditions must be related to the Code Enforcement Officer's findings on the standards listed in § 120-528F.

§ 120-528 Home occupation 2.

Approval required. The Board of Appeals must approve all applications for a home occupation 2. The granting of a home occupation shall apply to the applicant only while the applicant resides at the property and shall not be transferable to a subsequent resident of the property.

Public notification. Notice shall be sent to all owners of abutting property at least seven days prior to the Board's initial consideration of an application.

Public hearing. The Board of Appeals shall hold a public hearing on any application. Notice of the public hearing shall be:

Mailed to the owners of all abutting property at least seven days prior to the hearing.

Advertised in a newspaper of general circulation at least seven days prior to the hearing.

Permitted uses. Home occupation 2 uses shall be as follows:

Uses that meet the standards of § 120-528F.

Uses that are not prohibited by § 120-528E.

Prohibited uses. The following uses are specifically prohibited as a home occupation 2:

Auto repair services.

Welding.

Slaughterhouse.

Smokehouse.

Standards.

The home occupation shall be carried on wholly within the dwelling or accessory structure.

The home occupation shall be carried on primarily by a member or members of the family residing in the dwelling unit. Not more than two persons who are not family members residing in the dwelling unit shall be employed.

There shall be no exterior display, no exterior sign, other than those permitted in § 120-705D of Article 7, Signs; no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.

Objectionable conditions, such as noise, vibration, smoke, dust, electrical disturbance, odors, heat, glare or activity at unreasonable hours, shall not be permitted.

In addition to the off-street parking provided to meet the normal requirements of the dwelling, adequate off-street parking shall be provided for the following:

Vehicles of each employee; and

Vehicles of the maximum number of users which the home occupation may attract during peak operating hours.

The home occupation shall not utilize more than 20% of the total floor area of the dwelling unit. The basement floor area and accessory structure floor area shall be excluded in the calculation of the 20%.

Evidence shall be provided that the property's subsurface disposal system can accommodate the wastewater generated by the home occupation.

The home occupation shall not generate traffic of a substantially greater volume than would normally be expected in the neighborhood.

(9)

If renting or leasing, the tenant must demonstrate the property owner's approval.

Conditions. The Board of Appeals may place conditions on the home occupation to minimize impacts on area properties. The conditions must be related to the Board of Appeals findings on the standards listed in § 120-528F.

§ 120-529 Hotel.

Rental for more than 30 cumulative days in a calendar year to the same guest, or guests, is prohibited.

§ 120-530 Industry, light.

All manufacturing processes must be wholly contained within a building.

The manufacturing, stockpiling or distribution of hazardous materials shall not be permitted; however, the storage and use of hazardous materials as part of a production process shall be permitted.

§ 120-531 Kennel, major.

[Amended 1-27-2026 by Order No. 26-009]

Commercial Zoning Districts: C-1, C-1N, C-2.

Outdoor areas: All outdoor areas shall be no less than 500 square feet (SF) and based on the number of dogs in the daytime care program. The outdoor areas that are to be used by animals shall be fully enclosed by solid, soundproofed fencing and buffered with permanent plantings that completely obscure such fence. Such outdoor areas shall have an artificial ground covering, such as artificial turf or a similar substance, and shall have a natural sub-base consisting of gravel, pea stone, or similar substance.

Noise control: All kennels are subject to the maximum noise standards established in § 120-812S of the Code.

All indoor animal areas are fully soundproofed in a manner consistent with industry standards.

Odor management: Animal waste shall be managed to prevent odors detectable beyond the legal boundaries of the lot.

Hours of operation: Major kennels may be open to the public from 6:30 AM to 6:00 PM. Overnight boarding may occur as necessary but shall observe "quiet hours" from 6:00 PM until 6:30 AM at which time all boarding animals shall be kept inside.

Overnight boarding capacity: All major kennels providing overnight boarding services shall satisfy the following minimum indoor capacity requirements: Each cat shall be provided with a minimum of four square feet of indoor floor area. Dogs shall be provided minimum floor area based on adult weight, with small to medium-sized dogs weighing five pounds to 60 pounds provided not less than 24 square feet per dog, and large dogs weighing more than 60 pounds up to 150 pounds provided not less than 40 square feet per dog. Where dogs from the same household are housed together, the total floor area shall be not less than 192 square feet for a family group of five or fewer dogs and shall otherwise meet or exceed the applicable per-dog minimums. These requirements apply to all indoor enclosures, runs, kennels, or other areas used for overnight boarding or daytime care.

Indoor daytime care capacity: The area shall be no less than 70 square feet of area per dog. These minimum requirements are intended to ensure proper supervision, reduce stress among animals, and maintain sanitary conditions.

Record keeping. All major kennels shall maintain accurate records demonstrating compliance with space and capacity standards contained in this § 120-531. Such records must be made available to the Town for inspection upon request by the appropriate regulatory authority.

Licensing: All major kennels shall be licensed to the extent required by 7 M.R.S. § 3932-B, as may be amended or recodified and shall operate in compliance with other applicable state statutes and administrative regulations, including but not limited to 7 M.R.S. § 3932-B and 01-001 C.M.R. ch. 701. which shall be incorporated by reference as conditions of approval on any granted permit.

Residential Zoning Districts: F, FR.

The kennel, including all uses accessory to the kennel, must be set back:

A minimum of 200 feet from an abutting residential structure; or

A minimum of 100 feet from the lot line where there is no abutting residential structure.

§ 120-532 Kennel, minor.

The kennel, including all uses accessory to the kennel, must be set back:

A minimum of 200 feet from an abutting residential structure, or

A minimum of 100 feet from the lot line where there is no abutting residential structure.

§ 120-533 Lot, backlot. [1]

[Added 8-11-2020 by Order 20-151]

Zoning districts. Backlots shall be permitted in the following zoning districts:

Farm.

Farm-Residential.

Light-Density Residential.

Medium-Density Residential.

Standards. The following standards shall apply to the creation of backlots, or the extension of existing backlot rights-of-way:

General standards. The following general standards apply to backlots:

Rights-of-way.

Backlots must be accessed by a right-of-way having a minimum width of 50 feet. The required minimum width must be continued for the entire length of the right-of-way.

A right-of-way shall serve no more than one backlot.

A right-of-way serving more than one backlot shall meet the applicable street construction standards of § 120-555.

A hammerhead turnaround shall be provided in accordance with § 120-555D(8)(f)[2].

Right-of-way extensions.

The first hammerhead created after March 12, 2012, may be retained as part of the right-of-way and may continue to be used to meet the minimum frontage requirement of the zoning district. Hammerheads created prior to that date will not be required to be removed, even if this results in more than one hammerhead on a right-of-way.

All subsequent hammerheads created after March 12, 2012, shall be removed if a road is extended beyond the location of said existing hammerhead turnaround(s). After the hammerhead turnaround is removed, all lots must continue to comply with the minimum frontage requirement of the zoning district.

Frontage. The backlot shall meet the minimum frontage requirement of the applicable zoning district along the right-of-way. All sides of a hammerhead turnaround right-of-way may be used in the calculation of frontage. If the hammerhead turnaround is removed to accommodate future right-of-way extensions, the original lot must still meet the minimum lot frontage requirement.

Minimum setback requirements.

The required minimum front setback standard for structures constructed on a backlot shall be measured from the closest edge of the right-of-way.

Minimum setbacks from a new right-of-way do not apply to structures on abutting properties that do not obtain their frontage from said right-of-way.

Front lot line. For purposes of determining the front lot line and the front setback, the right-of-way shall be deemed to run from one side of the lot to the other side of the lot if it ends prior to that point. (See Diagram A.)

Corner lots. If a corner lot is created by the installation of a right-of-way, the minimum setbacks shall be met in accordance with the corner lot standards in Article 5. The installation of a hammerhead turnaround does not constitute the creation of a corner lot. Backlots that obtain their frontage from a hammerhead turnaround shall choose which side of the hammerhead turnaround will constitute the front lot line. The designated front lot line shall be stated on the building permit and shall not be changed after said designation. (Note: If a choice of front lot lines is available, care should be taken to plan for the setback requirements necessary for future right-of-way extensions.) If the minimum setbacks for corner lots cannot be met, the applicant may apply for a dimensional variance in accordance with Article 11 of this chapter.

No dwelling unit shall be erected on a backlot that is closer than 200 feet to an existing public street, private road or private way.

Diagram A

Front Lot Line

Editor's Note: A former section providing backlot standards was amended 3-14-2012 by Order 12-014 and repealed 10-10-2017 by Order 17-161.

§ 120-534 Lot, corner.

Front setbacks. The required front setback shall be required on both sides of the lot that front on a public or private right-of-way.

The remaining two sides of the lot shall meet the side yard requirements of the applicable zoning district.

Rear setbacks. A rear setback is not required for corner lots.

§ 120-535 Manufactured housing.

Manufactured housing, as defined, shall be allowed in any district in which single-family detached dwellings are permitted.

Manufactured housing shall meet all applicable standards of 30-A M.R.S.A. § 4358.

§ 120-536 Marijuana for personal use.

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

All marijuana cultivated for personal use under Title 28-B of the Maine Revised Statutes shall be grown indoors only on a property with an occupied dwelling.

§ 120-537 Marijuana businesses.

[Added 5-26-2020 by Order 20-048[1]]

This section regulates marijuana businesses as defined uses within the Town of Windham. The permitting standards outlined here shall be adhered to for all marijuana businesses, in addition to other applicable standards in this chapter and other ordinances or state law.

Marijuana businesses shall not locate within 1,000 feet of a public or private school, measured from the exterior wall of the marijuana business to the property line of the protected use. Marijuana businesses other than caregiver (home occupation) shall not locate within 250 feet of a state-licensed day care of any size, measured from the main entrance door of the day-care facility to the main entrance door of the marijuana business. This section shall not prohibit the activity of a caregiver or other authorized individual from administering medical marijuana to a qualified patient who is located within one of these protected areas.

Marijuana businesses shall not have any odor of marijuana detectable beyond the area controlled by the business, whether that be a leased or owned area that is a portion or all of a recorded parcel of land. Odors shall be controlled by whatever best practices exist.

Marijuana grown by any marijuana business shall be grown indoors only.

A medical marijuana registered caregiver shall not conduct any sale of the product on premises unless the business is also permitted as a medical marijuana caregiver retail store or marijuana registered dispensary.

[Amended 4-12-2022 by Order No. 22-062]

Medical marijuana grown by medical marijuana registered caregivers shall be limited to less than 1,000 square feet floor area measured cumulatively per lot unless the business is also permitted as a marijuana cultivation facility. A medical marijuana registered caregiver or medical marijuana registered caregiver (home occupation) in operation as of the effective date of this section shall be permitted to maintain the grow area in existence as of the effective date of this section.

Medical marijuana registered caregiver or medical marijuana registered caregiver (home occupation), when required by state law to be licensed to manufacture, may only manufacture medical marijuana products in zoning districts where marijuana manufacturing facilities are permitted.

Medical marijuana registered caregiver (home occupation) shall at all times meet all permit and operational requirements for a home occupation and the additional license requirements for a medical marijuana registered caregiver (home occupation). See § 120-527, Home occupation 1, for limitations of medical marijuana registered caregiver (home occupation). Medical marijuana grown by medical marijuana registered caregiver (home occupation) in basements and accessory structures shall be limited to less than 1,000 square feet floor area measured cumulatively per lot for all caregivers cultivating on the lot.

Editor's Note: This order also repealed the section on medical marijuana in Art. 5 added 12-13-2011 by Order 11-206.

§ 120-538 Medical office.

[Amended 5-23-2023 by Order No. 23-091]

Residential Districts: F, FR, RL, RM., VR

A medical office located on a lot in a residential district shall have a combined footprint of 2,000 gross square feet or less. (See definition of "building footprint.")

§ 120-541 Net residential area or acreage.

A medical office located in a residential district shall be limited to the first story of the building. The additional height of the building's roof shall meet the height standard of the applicable zoning district.

§ 120-539 Mobile home park.

Mobile home parks shall be located according to the Manufactured Housing Park Overlay District.

§ 120-540 Motel.

Rental for more than 30 cumulative days in a calendar year to the same guest, or guests, is prohibited.

[Amended 4-27-2010 by Order 10-075]

Nonsubdivision. The net residential area or acreage of a lot shall be calculated by dividing the area of the parcel by the net residential density standard of the appropriate zoning district.

Subdivisions. The net residential area or acreage of a lot proposed for subdivision, as defined, shall be calculated by subtracting the items listed below from the gross acreage of a lot and dividing the resulting net residential area of the parcel by the net residential density standard of the appropriate zoning district (see Article 4, Zoning Districts). The following shall be subtracted from the gross acreage of the lot:

Acreage which is used for public or private rights-of-way.

Portions of the parcel containing slopes over 25%.

Portions of the parcel shown to be within the 100-year floodplain and floodway as designated by the Federal Emergency Management Agency (FEMA) on the Flood Insurance Rate Maps for the Town of Windham, Maine.

Portions of the parcel located in the Resource Protection District.

Portions of the parcel which are unsuitable for development in their natural state due to drainage or subsoil conditions, including but not limited to:

A water table at or near the surface for all or part of the year.

Soils identified as "very poorly drained" by the U.S. Department of Agriculture's (USDA) Soil Survey for Cumberland County, Maine; however, a property owner may conduct a soil survey of appropriate class for the development to refute the classification of the Soil Survey for Cumberland County, Maine. The Code Enforcement Officer shall make a final determination based upon the results of the soil survey and any other applicable information supplied by the property owner.

Portions of the parcel covered by surface water bodies.

Boundaries of areas on the parcel containing significant wildlife habitat, as determined by the applicant in consultation with the Maine Department of Inland Fisheries and Wildlife.

Boundaries of areas on the parcel containing endangered botanical resources, as determined by the applicant in consultation with the Maine Department of Agriculture, Conservation and Forestry.

§ 120-542 Parking and loading.

The standards for parking and loading in Article 8, Site Plan Review, shall apply to the uses in all zoning districts.

Waivers of the off-street parking and loading standards may only be granted by the Planning Board as part of a site plan or subdivision application. (See Article 8, Site Plan Review, or Article 9, Subdivision Review.)

§ 120-543 Public building.

[Amended 10-11-2022 by Order No. 22-175]

Public buildings and public utility facilities, excepting solar energy systems, shall not be required to meet the dimensional standards or district standards in the applicable zoning district.

Where site plan review is required for a new public building or public utility facility, the Planning Board may require landscaping, fences, screening or buffering between the lot on which the public building or public utility facility is to be located and any lot occupied by a residential dwelling.

§ 120-544 Pump station.

Pump stations shall be allowed in all zoning districts.

Pump stations shall not require a building permit.

Pump stations shall not be required to meet the dimensional standards in the applicable zoning district.

Pump stations located on a controlled access street shall not be subject to the curb cut spacing requirement established by § 120-521.

[Added 10-24-2023 by Order No. 23-193]

If an entrance permit is required, the entrance permit shall not be subject to the requirements of § 120-522D(3) and E if the access to the pump station does not have an access location that can comply with these requirements.

[Added 10-24-2023 by Order No. 23-193]

§ 120-545 Restaurants.

[Amended 12-14-2010 by Order 10-230; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Restaurants established after December 14, 2010, shall meet the following standards:

Trash/dumpster. All trash containers or dumpsters located outside of a building shall be stored so as to be screened from view.

Grease removal. All new or expanded restaurants shall install a grease trap as required by the Maine State Plumbing Code.

Buffer. A buffer strip, as defined, shall be provided between the restaurant and any abutting dwelling, existing single-family detached; dwelling, existing two-family; dwelling, existing multifamily; existing housing for older persons; or any residential zoning district.

Noise. The restaurant shall comply with the noise standards contained in § 120-812S of this chapter.

Smoke. Indoor or outdoor cooking that produces smoke from grills, smokers or open fires shall be located at least 100 feet from any abutting dwelling, existing single-family detached; dwelling, existing two-family; dwelling, existing multifamily; existing housing for older persons; or any residential zoning district.

Outside seating. Outdoor seating located within 100 feet of any dwelling, existing single-family detached; dwelling, existing two-family; dwelling, existing multifamily; existing housing for older persons; or any residential zoning district shall be limited to the following hours:

Sunday to Thursday: daytime hours, as defined.

§ 120-546 Retail sales, automobile sales.

Friday and Saturday: 7:00 a.m. to 9:00 p.m.

Septic. All new or enlarged restaurants shall provide evidence that the septic system is in compliance with the Maine State Plumbing Code.

Parking area layout and minimum space requirements. See § 120-812C for parking requirements applicable to the storage of vehicles for display, repair or sale.

§ 120-547 Retail sales, convenience.

Gross square footage for retail and storage purposes may not exceed 1,500 square feet.

Outdoor storage shall not be permitted.

The sale of gasoline shall not be permitted.

§ 120-548 Retail sales, outdoor.

[Amended 9-14-2010 by Order 10-164; 6-16-2022 by Order No. 22-108; 1-14-2025 by Order No. 25-001]

Outdoor sales may be approved if the following standards have been met:

Outdoor retail sales shall be allowed as either an accessory use to the principal retail use on the property or as a standalone principal use.

If outdoor retail sales are conducted in a parking lot, the minimum off-street parking space requirements of this chapter shall be maintained.

Approvals for outdoor retail sales shall be obtained from the Code Enforcement Officer for accessory outdoor retail sales or from the Planning Board, following a major site plan review, for principal outdoor retail sales.

The outdoor retail sales approval shall be limited to the applicant and, therefore, shall not run with the land.

An application fee, in an amount established by the Town Council, shall be submitted to the Code Enforcement Officer or Planning Board, as applicable, at the time of application.

A plan shall be submitted to the Code Enforcement Officer or Planning Board, as applicable, delineating the area on which the outdoor retail sales will be conducted (at a minimum, the plan shall also show the Tax Map boundaries of the property, the approximate location of all buildings, and the location of parking areas).

Outdoor retail sales shall not be conducted in a vehicular travel way. For the purposes of this section, "vehicular travel way" shall mean the public or private right-of-way used primarily for vehicular travel, excluding parking lots.

Outdoor retail sales conducted on any public or private walkways or sidewalks shall meet the standards of the Americans with Disabilities Act (ADA).[1]

Editor's Note: See 42 U.S.C. § 12101 et seq.

Outdoor retail sales shall not be located in any side setback or landscaped buffer strip required by this chapter or as a condition of a property's site plan approval.

These standards shall not apply to roadside stands governed by the standards for agriculture in § 120-502.

These standards shall not apply to a temporary outside sales events. Temporary outside sales events shall meet the following standards:

The outside sales event shall not last for more than three consecutive days.

A permit shall be obtained from the Code Enforcement Officer for each outdoor sales event.

An application fee, in an amount established by the Town Council, shall be submitted to the Code Enforcement Officer at the time of application.

The Code Enforcement Officer must find that the following conditions have been met:

Safe vehicular access and on-site circulation is provided to reduce vehicular queueing on public ways.

The applicant demonstrates that adequate parking is provided to accommodate all vehicles either on site or in an off-site location that meets the requirements of § 120-812C(2)(b).

§ 120-549 Retirement community.

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

The retirement community shall meet the standards established in 42 U.S.C. § 3601 et seq. for housing for older persons. The property owner shall notify the Code Enforcement Department when compliance reports have been submitted to the U.S. Department of Housing and Urban Development (HUD). The Code Enforcement Department may request that copies of any report be sent to the Town of Windham.

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

Retirement community projects shall conform with the street and road design standards in Article 9, Subdivision Review.

§ 120-550 Rooming house.

General standards.

Creation of use. A rooming house shall only be allowed through the conversion of an existing dwelling, nursing home or boarding home for sheltered care facility.

Number of dwelling units. A rooming house shall contain between 10 to 15 rooms.

Common area/facility requirements.

Kitchen. A full kitchen shall be provided for use by all tenants.

Toilets. At least one properly working toilet shall be supplied for each six persons, or fraction thereof, residing within the rooming house.

Bathing. At least one properly working bathtub or shower shall be supplied for each eight persons, or fraction thereof, residing within the rooming house.

All common facilities shall be located within the rooming house so as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. Every kitchen, lavatory basin, bathtub, or shower shall be supplied with hot water at all times.

Driveway requirements.

Minimum width of pavement or gravel: 22 feet.

Maximum grade: 3% within 50 feet of private way or street.

Minimum angle of intersection: 60°.

Sight distance: Maine Department of Transportation standard.

Fire/emergency safety and protection.

The rooming house shall be sprinklered throughout.

Smoke detectors shall be required in all bedrooms and common areas.

All fire safety and protection systems shall meet or exceed local and state fire safety regulations.

All sleeping rooms shall provide adequate ventilation and means of egress.

The parking lot shall be arranged so as not to restrict fire and/or emergency vehicle access.

Landlord-tenant legal requirements.

Rooms shall be for hire by the week.

Lease/rental agreements and rental policy rules and regulations shall be required.

Maintenance requirements.

The facility shall provide on-premises management.

The operator shall be responsible for the sanitary maintenance of all walls, floors and ceilings and for maintenance of a sanitary condition in every other part of the rooming house and the premises on which it is located.

Plan requirements. The operator or applicant shall submit a set of detailed plans drawn to scale by a professional engineer or architect of the interior of the building showing how it meets the requirements for the rooming house.

Sleeping unit requirements.

Minimum floor area.

Single-occupancy unit: 90 square feet.

Double-occupancy unit: 160 square feet

§ 120-551 Sawmill, permanent.

Permit required. The sawmill shall require a use permit from the Code Enforcement Department.

Hours of operation. The sawmill shall only operate during daytime hours, as defined in Article 3.

Setback. The sawmill shall be set back at least 100 feet from the following uses:

Dwelling, not owned or occupied by the sawmill operator.

School.

Place of worship.

Buffers. The sawmill shall establish and maintain a buffer, as defined, meeting the Buffer Yard J standards in § 120-51 Table 1 along all property lines that abut a use listed in § 120-551C above. Mature trees in the buffer strip shall be preserved to the maximum extent practical.

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

Stacking of wood. Wood shall not be stacked to a height that is greater than the buffer provided along abutting property lines.

Maximum noise limit at all property lines.

Daytime hours: 60 dBA.

Nighttime hours: 50 dBA.

Temporary chain saw use: no limit.

Erosion control. The sawmill shall provide an erosion control plan to the Code Enforcement Department prior to receiving a use permit. The erosion control plan shall include a written description of the management practices and a plot plan identifying the placement of any silt fence, check dams, or erosion control barriers. Erosion control mix mulch barriers may be utilized. The erosion control mix mulch shall meet the Maine Department of Environmental Protection's most current specifications for installation and maintenance.

§ 120-552 Sawmill, temporary.

Hours of operation. The sawmill shall only operate during daytime hours, as defined in Article 3.

Maximum noise limit at all property lines.

Daytime hours: 60 dBA.

Nighttime hours: 50 dBA.

Temporary chain saw use: no limit.

Erosion control. The temporary sawmill shall not cause the erosion and waterborne transportation of soil onto any abutting property.

§ 120-553 Shipping container.

General standards. The following standards shall apply to all shipping containers in the Town of Windham:

Housing of land uses. Shipping containers shall not be used to conduct land use activities that are carried on in a principal building or an accessory building;

Stacking. Shipping containers shall not be stacked one on top of the other;

Floor area. The floor area of a shipping container shall be measured by calculating the footprint of the container from its exterior walls;

Location. Shipping containers shall not be located in any of the following areas:

Parking spaces required by this chapter.

Required front, side, or rear yard areas (see Article 4, Zoning Districts).

A location that reduces vehicular sight distance below minimum Maine Department of Transportation standards.

A location that would cause a hazard to the traveling public.

A location that impacts stormwater runoff.

Residential district standards.

No more than one shipping container shall be allowed on any lot.

Permit required. A permit shall be required for the installation of a shipping container in all residential zoning districts.

Time limit. A shipping container shall not be located on-site for more than six months, with the exception that one extension of not more than three months may be granted at the discretion of the Code Enforcement Officer.

Permitted shipping containers. A shipping container shall only be permitted for the temporary storage of residential items under the following circumstances:

While a resident is in the process of moving into or out of a home;

While a home is being remodeled; or

After a home or building has experienced a fire, flood, or other damaging event.

Permitted items. Items such as, but not limited to, the following shall be permitted in a shipping container:

Household furniture;

Appliances;

Bathroom fixtures;

Clothing; and

Building materials.

Nonresidential district standards. The following standards shall apply to Shipping Containers that are currently located, or proposed, in a nonresidential district:

The total floor area of all shipping containers on site shall not exceed 700 square feet. Additional shipping containers that exceed the 700 square feet limitation shall not be allowed by variance.

If the property on which the shipping container is located received a site plan approval on or after March 13, 1991, the Planning Board shall be responsible for review and approval under the following standards:

Conditional use.

Site plan review.

The shipping container must come into compliance with this chapter by March 21, 2001, unless good cause can be shown by the petitioner. After March 21, 2001, any existing shipping containers shall be removed from the site, unless:

There is a pending conditional use application before the Board of Appeals.

There is a pending conditional use and site plan application before the Planning Board.

Shipping containers that are part of an existing commercial or industrial use, and are being actively used for the temporary storage and eventual shipping of goods, products, or materials that are manufactured or assembled as part of the commercial or industrial use, shall be allowed, provided that:

The location of the shipping containers is duly noted on the site plan if the project was reviewed by the Planning Board and/or the Board of Appeals, or the building permit plot plan if no Planning Board or Board of Appeals review was required.

The same shipping container(s) shall not be located on site for more than 30 consecutive days at a time.

Construction project standards.

Shipping containers may be placed on property where a construction project is occurring. The shipping container shall only be utilized for the storage of construction materials, equipment, tools, etc.

A permit shall not be required from the Code Enforcement Officer, Planning Board, and/or Board of Appeals.

The shipping container(s) shall be removed within 30 days after the completion of the construction project.

§ 120-554 Solid waste dumpsters.

All permanent solid waste dumpsters shall be installed on an appropriate concrete pad and shall be screened on all sides by fencing or vegetation. Vegetation must screen the dumpster within one growing season from the time it is planted.

§ 120-555 Streets.

[Amended 4-27-2010 by Order 10-075; 10-10-2017 by Order 17-161;[1] 4-20-2018 by Order 18-049]

Public streets. All public streets, as defined in Article 3, and private roads submitted as part of a subdivision application, constructed on or after October 22, 2009, shall meet the street design standards in Article 9, Subdivision Review. Waivers of the street design standards may only be granted by the Planning Board as part of a site plan or subdivision application.

New or extensions of private roads created off existing private roads or private ways. No new private roads or extensions of existing private roads or private ways will be permitted unless all portions of the private roads or private ways that connect the new or extended private road with the nearest public street are upgraded to the applicable private road standards. New private roads or extensions of existing private roads or private ways will be exempt from this requirement if the cumulative length of the new road or road extension(s) is no greater than the length of the required frontage in the applicable zoning district within a five-year period. Note that the new road or road extension will still need to meet the requirements of § 120-555D below.

[2]Private roads not part of a subdivision application.

Applicability. These standards apply to private roads used to obtain the required frontage in the applicable zoning district. (See § 120-523, Developable land, in Article 5, Performance Standards.)

Submission requirements. An application form and accurately scaled plan shall be prepared by a Maine licensed professional authorized by the State of Maine to design streets or roads. At a minimum, the plan shall include the location and width of the right-of-way, a plan view and profile view of the roadway, the location and size of culverts and proposed drainage features.

Review authority. All private roads application forms and plans shall be submitted to and approved by the Director of Code Enforcement. For private roads that provide frontage to four or more lots, the plan must be reviewed by the Town Engineer or consulting engineer.

Site walk. The Director of Code Enforcement may require a site walk with the applicant, or his or her authorized representative.

Recording. Upon approval, a Mylar copy of the private road plan shall be filed with the Town.

Construction observation. The Code Enforcement Officer may require that observations by the Town Engineer or consulting engineer be conducted during construction. The property owner shall be responsible for the costs of all observations.

Final approval. Prior to the issuance of any certificates of occupancy for the lots with frontage on said private road, the applicant shall provide the following:

Private roads with three or fewer lots. A statement, from the Maine licensed professional engineer that prepared the plans, that the road was constructed in general conformance with the approved plans. The Director of Code Enforcement may observe the road to confirm that the road was constructed in general conformance with the approved plans.

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

Private roads with four or more lots. A statement from a licensed Maine professional civil engineer that the road was constructed in general conformance with the approved plans. If the Town's consulting engineer reviewed the design and observed the construction, the Town's consulting engineer may provide the required statement.

Standards.

Design standards. Private roads shall be designed to conform to the appropriate standards presented in § 120-911M(5)(b)[8], Street construction practices, and the standards for "Major or Minor Private Roads" in Table 3, Table 4, and the applicable cross sections in Appendix B, Street Design and Construction Standards.[3]

Editor's Note: Appendix B is included as an attachment to this chapter.

Streetlights. Streetlights may be required at intersections with existing public streets. The use of additional streetlights shall be discouraged to avoid excessive light pollution.

Drainage. The private road shall have adequate provisions for drainage and stormwater runoff.

Paved apron. In addition to the standards in § 120-522, Curb cuts and driveway openings, a paved apron shall be constructed when a gravel private road connects to a paved public street or paved private road in accordance with the standards in Table 3 and Table 4 (see Appendix B, Street Design and Construction Standards[4]).

Editor's Note: Appendix B is included as an attachment to this chapter.

Gravel surface limit. Notwithstanding other provisions of this chapter to the contrary, no gravel-surfaced private road shall provide access to or serve in any way to provide compliance with the requirements of this chapter for more than the greater of 10 lots or 10 dwelling units; provided, however, that nothing in this subsection shall serve to limit the use of such private road for occasional use by and for agricultural purposes. Private roads providing access to 11 or more lots shall meet the standards for a major private road contained in Table 3 and Table 4 of Appendix B, Street Design and Construction Standards.[5] When determining the number of dwelling units, the Code Enforcement Officer shall not include permitted accessory apartments.

Editor's Note: Appendix B is included as an attachment to this chapter.

(f)

Dead-end streets. The following standards shall apply to dead-end private roads. (See Article 3 for definition of "dead-end street.")

Maximum length. Dead-end private roads shall meet the following standards:

Private roads served by public water. There is no maximum length limit for private roads served by the Portland Water District that have fire hydrants and hammerhead turnarounds installed every 1,000 linear feet. However, the street connectivity standards of Subsection D(8)(g) below shall apply.

Private roads not served by public water. Dead-end private roads not supplied with fire hydrants served by the Portland Water District shall have a maximum length of 1,000 linear feet unless all dwellings beyond 1,000 linear feet from the closest public street or private way, as defined, have a National Fire Protection Association (NFPA) 13D monitored sprinkler system installed and approved by the Windham Fire-Rescue Chief and hammerhead turnarounds installed every 1,000 linear feet. The street connectivity standards of Subsection D(8)(g) below shall apply.

[i]

Existing rights-of-way. The maximum length of 1,000 linear feet shall commence at the terminus of any dead-end rights-of-way existing on, or before, October 22, 2009.

[ii]

Any existing right-of-way which does not contain an improved private way existing on, or before, October 22, 2009, shall construct any future improvements in accordance with the standards for private roads contained in this section to the greatest extent practical.

Hammerhead requirement. At a minimum, a hammerhead turnaround is required at the terminus of all dead-end private roads. All hammerhead turnarounds shall meet the following standards:

The right-of-way or easement area of the turnaround side branch shall be at least 50 feet by 50 feet.

The gravel or paved surface shall extend at least 50 feet from the center line of the adjacent roadway.

[c]

The width of the gravel or paved surface shall be equal to the street width.

[d]

The hammerhead shall have a minimum twenty-five-foot turning radius.

[e]

Larger dimensions may be required by the Director of Code Enforcement to accommodate larger design vehicles anticipated to use the turnaround.

[f]

No driveway shall be located at the end of the street or off of the turnaround side branch.

[Added 7-12-2022 by Order No. 22-127]

[g]

The turnaround side branch shall be located on the right side of the street.

[Added 7-12-2022 by Order No. 22-127]

(g)

Connection requirements. The following standards determine the number of connections a private road must have with an existing local street. The cumulative number of lots or dwelling units created through the addition of lots or dwelling units to an existing subdivision shall be included in the minimum number of required street connections. When determining the number of dwelling units, the Code Enforcement Officer shall not include permitted accessory apartments.

Number of Lots or Dwelling Units	Minimum Connections
Lots: 30 or fewer	1
Lots: 31 or more	2
Units: 30 or fewer	1
Units: 31 or more	2

Street connection separation requirements. Private roads with two or more connections to an existing public street shall be separated according to the standards in Table 2 of Article 9, Subdivision Review.

(h)

Maintenance agreement. The applicant shall provide evidence that the private road shall be maintained either by the applicant or by the lot owners or a homeowners' association. Proof may consist of a declaration of covenants that will be recorded and become part of each deed and specify how the costs of maintenance will be apportioned among the lot owners, or appropriate homeowners' association documents. In the event that a homeowners' association is formed, each lot deed shall refer to the association and shall require the lot owner to be a member of the association. No private road will be maintained by the Town until the Town has accepted the road. No private road shall be offered to the Town for acceptance until it meets the design requirements for a public street contained in this chapter.

Editor's Note: Former Subsection C, regarding new streets with direct connections to public streets, was repealed 5-24-2022 by Order No. 22-095. This order also renumbered former Subsections D and E as Subsections C and D, respectively.

Sidewalks.

Where required by this chapter, or by the Planning Board as a condition of subdivision or site plan approval, sidewalks shall be constructed in accordance with the standards in Tables 3 and 4 of Appendix B of this chapter.[6]

[6]

Editor's Note: Appendix B is included as an attachment to this chapter.

Accessibility. Sidewalk construction shall meet all applicable Americans with Disabilities Act (ADA)[7] standards.

[7]

Editor's Note: See 42 U.S.C. § 12101 et seq.

Editor's Note: Order 17-161 also repealed the section on driveways in Art. 5.

§ 120-556 Solar energy systems.

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

Purpose.

Solar energy is a local, renewable and nonpolluting energy resource that can reduce fossil fuel dependence and emissions. Energy generated from solar energy systems can be used to offset energy demand on the grid, with benefits for system owners and other electricity consumers.

The use of solar energy equipment for the purpose of providing electricity and energy for heating and/or cooling is an important component of the Town's sustainability goals.

The standards that follow enable the accommodation of solar energy systems and equipment in a safe manner while ensuring against unsafe conditions and undue adverse impacts on adjacent properties.

Applicability.

The installation of all solar energy conversion systems, expansion of any existing solar energy conversion system, or installation of any associated facilities shall be approved under this section and shall obtain site plan approval as required by Article 8, a building permit, and any other necessary Town or state approvals prior to its installation.

Any physical modification to an existing solar energy conversion system that alters the facility size, type or location of the system or its associated equipment shall require approval under this section. Like-kind replacements or nonstructural maintenance and repair shall not require approval under this section but shall require a building permit.

For purposes of this section, the Town's zoning districts are categorized as follows:

Residential zoning districts. Residential zoning districts include: F, FR, RL, RM, VR.

Mixed-use zoning districts. Mixed-use zoning districts include: C-1, C-1N, C-2, C-3, C-4, VC, WC.

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

Nonresidential commercial/industrial zoning districts. Nonresidential commercial/industrial districts include: I, ED.

Dimensional standards.

Height.

In residential zoning districts, solar energy systems attached to any building shall be included in the building height measurement, and the height of the building shall not exceed the maximum building height. In mixed-use and nonresidential commercial/industrial zones, notwithstanding and other provision of this section to the contrary, solar energy systems attached to any building shall not be included in the building height measurement.

Ground-mounted solar energy systems.

In residential and mixed-use zoning districts, shall not exceed 12 feet in height when oriented at maximum tilt, except that the maximum height shall be 22 feet for systems set back 30 feet or more from any property line.

In all other zoning districts such systems shall conform to the building height requirements of the zoning districts in which they are located.

Setbacks for ground-mounted solar energy systems.

Notwithstanding any other provision in this section to the contrary, the setbacks for ground-mounted solar energy systems shall be as follows:

Minimum front yard. In residential zoning districts, 50 feet. In mixed use and nonresidential zoning districts, whatever the front yard setback is for that zoning district, but in no event less than 30 feet.

Minimum rear yard. In residential zoning districts, 30 feet. In mixed use and nonresidential zoning districts, whatever the rear yard setback is for accessory buildings in that zoning district.

Minimum side yard: 30 feet.

When ground-mounted solar energy systems are co-located with parking lots in mixed use and nonresidential zoning districts, the minimum setback is whatever the setback is for parking lots.

The setbacks set forth in this Subsection C(2) shall not apply to small ground-mounted solar energy systems serving a residential use located on the same parcel. Such systems shall be subject only to setbacks required under the applicable zoning district.

Standards for roof-mounted and ground-mounted solar energy systems.

Roof-mounted and building-mounted solar energy systems and equipment are permitted in conformance with this Subsection D, unless they are determined by the Code Enforcement Officer, with input from the Town Engineer and the Fire Chief, to present one or more unreasonable safety risks, including, but not limited to, the following:

Weight load;

Wind resistance;

Ingress or egress in the event of fire or other emergency; or

Proximity of a ground-mounted system relative to buildings.

All solar energy system installations shall be performed in compliance with the photovoltaic systems standards of the latest edition of the National Fire Protection Association (NFPA) 1, Fire Prevention Code.

All wiring shall be installed in compliance with the photovoltaic systems standards of the latest edition of the National Electrical Code (NFPA 70).

Prior to operation, electrical connections must be inspected and approved by the Electrical Inspector.

Each solar energy installation shall be maintained as necessary to ensure that it is operating safely and as designed over its useful lifetime.

Additional standards for medium- and large-scale ground-mounted solar energy systems. In addition to the standards in § 120-566D above, medium- and large-scale ground-mounted solar energy systems shall comply with the following:

Utility connections. Overhead or pole-mounted electrical wires shall be avoided to the extent possible within the facility.

Visual impact. Reasonable efforts, as determined by the Planning Board, shall be made to minimize undue visual impacts in the following ways:

Fencing. Fencing shall:

Be the minimum height necessary to meet the National Electrical Code standard for a fence that does not require barbed wire at the top.

Be an unobtrusive color and style so as to blend into the environment as well as possible.

Be wildlife friendly and be elevated by a minimum of five inches to allow for passage of small terrestrial animals.

Buffers. Buffer yards shall be provided in accordance with performance standards of § 120-511. Buffers meeting the Buffer Yard B standards in § 120-511 Table 1 shall be located outside fence lines along any fence line visible from a public or private way or adjacent to an existing residential dwelling. Preservation of native vegetation is encouraged. The Planning Board shall have flexibility to waive some or all of this buffer yard planting depending on site specific conditions as outlined by the applicant and in accordance with the § 120-808 waiver criteria.

Land clearing, soil erosion, and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of ground-mounted solar energy systems or as otherwise prescribed by applicable laws, regulations, and bylaws/ordinances. Ground-mounted facilities shall minimize mowing to the extent practicable. The solar energy system shall be located on the site so as to minimize the cutting of mature trees. Native, pollinator-friendly seed mixtures shall be used to the extent possible. Herbicide and pesticide use shall be minimized. No prime agricultural soil or significant volume of topsoil shall be removed from the site for installation of the system.

Decommissioning plan. A decommissioning plan shall be submitted to the Town as part of the initial application, which shall detail the costs and procedure for decommissioning. Decommissioning shall consist of:

Physical removal of all solar energy systems, structures, equipment, security barriers and transmission lines from the site.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

Stabilization of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

Revegetation. Native, pollinator-friendly seed mixtures shall be used.

Abandonment, decommissioning, and surety.

Removal. Any solar energy system which has reached the end of its useful life or has been abandoned consistent with this section shall be removed and fully decommissioned accorded to the approved decommissioning plan. The owner or the operator shall notify the Code Enforcement Officer by certified mail of the proposed date of discontinued operations. The owner or operator shall physically remove the installation no more than 180 days after the date of discontinued operations.

Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar energy system shall be considered abandoned when it fails to operate for more than one year without the written consent of the Code Enforcement Officer. If the owner or operator of the solar energy system fails to remove the installation in accordance with the requirements of this section within 180 days of abandonment or the notice of discontinuance as described in Subsection E(5)(a), the Town retains the right to enter and remove the abandoned, hazardous, or decommissioned solar energy system. As a condition of site plan approval, the applicant and landowner shall agree to allow entry to remove an abandoned or decommissioned installation.

Surety.

The applicant will provide financial assurance for the decommissioning costs, in the form of a performance bond, surety bond, or irrevocable letter of credit, for the total cost of decommissioning. The financial assurance mechanism shall be effective prior to the commencement of construction and the form of the document shall be approved by the Town Manager.

The value of the surety shall be based on a professional engineer's estimate submitted by the applicant and approved by the Town Manager.

The Town may hire, at the applicant's expense, a qualified professional to review the engineer's estimate.

Every five years subsequent to the initial effective date of the surety, the owner shall submit an updated engineer's estimate and surety to the Planning Office for review and approval. The Town may hire, at the applicant's expense, a qualified professional to review the engineer's estimate.

If the Maine DEP or other state agency requires a decommissioning bond, the Planning Board may waive the specific requirements of this subsection so long as the Town is named as an additional obligee under the surety and requires as a condition of approval that the applicant comply with any conditions of approval related to the surety.

Additional standards for large-scale solar energy systems.

Large-scale ground-mounted solar energy systems shall not be considered accessory uses.

Operations and maintenance plan. The applicant shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar energy system, which shall include measures for maintaining safe access to the installation as well as other general procedures for operational maintenance of the installation, including but not limited to fence, vegetation, and buffer maintenance, and proper panel and electrical equipment function.

Signage. A sign shall be placed on the large-scale solar energy system to identify the owner and provide a twenty-four-hour emergency contact phone number.