[Adopted 1-24-2022 by Ord. No. 22-01[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 16.4,
Administration and Enforcement, as amended.
The purpose of this chapter is to establish zones, uses, standards
and dimensional requirements for the Town to implement the adopted
Comprehensive Plan.
To implement the provision of this title, the Town is divided
into the following base and overlay zones:
A.
Residential — Rural (R-RL).
B.
Residential — Suburban (R-S).
C.
Residential — Kittery Point Village (R-KPV).
D.
Residential — Urban (R-U).
E.
Residential — Village (R-V).
F.
Residential — Rural Conservation (R-RC).
G.
Conservation (CON).
H.
Business — Local (B-L).
I.
Business — Local 1 (B-L1).
J.
Commercial 1 (C-1).
K.
Commercial 2 (C-2).
L.
Commercial 3 (C-3).
M.
Industrial (IND).
N.
Mixed-Use (MU).
O.
Mixed-Use — Badgers Island (MU-BI).
P.
Mixed-Use — Kittery Foreside (MU-KF).
Q.
Mixed-Use — Neighborhood (MU-N).
R.
Transportation — Maine Turnpike (T-MT).
A.
Zone boundaries. The location and boundaries of the zones are established
as shown on the current Official Zoning Map titled "Town of Kittery
Maine Land Use Zoning Map," as may be amended by law. The Zoning Map
with all explanatory matter thereon is hereby made part of this title
and must be kept on file at the Town office. Said Zoning Map must
be drawn at a scale of not less than one inch equals 1,000 feet. Zone
boundaries must be clearly delineated, and the map must have a legend
indicating the name and symbol for each zone.
A.
Where uncertainty exists with respect to property or natural resource
boundaries of the various zones as shown on the Zoning Map, the following
rules apply:
(1)
Unless otherwise shown, zone boundary lines are coincidental with
street center lines and lot lines. Where zone boundary lines are designated
on the Zoning Map, those lines are construed to be the boundary of
the zone.
(2)
Where the zone boundary lines are not otherwise indicated and where
the property has been or may hereafter be divided into blocks and
lots, the zone boundaries are construed to be the lot lines, and where
the zones designated on the map accompanying and made a part of this
title are bounded approximately by lot lines, the lot lines are construed
to be the boundary of the zones unless the boundary lines are otherwise
indicated on the Zoning Map.
(3)
Where unsubdivided property lies within two or more zones, the zone
boundary lines on the Zoning Map are determined by use of the scale
appearing on the Zoning Map.
(4)
Where there is uncertainty regarding a zone boundary, the Planning
Board is the local decision authority as to the exact location of
said boundary. In the Shoreland and Resource Protection Overlay Zones,
boundary redefinition must be supported by documentation from an appropriate
certified Maine state land surveyor.
A.
An overlay zone is a special purpose zone where additional regulations,
beyond those set forth in the base zone, apply. The regulations of
the underlying zone must apply unless specified otherwise in the overlay
zone.
A.
If Zoning Map amendments are adopted that change the Shoreland or
Resource Protection Overlay Zones, said amendments also must be approved
by the Maine Commissioner of the State Department of Environmental
Protection and then implemented within 30 days of approval.
A.
Purpose. The purpose of the Residential - Rural R-RL Zone is to protect
the prevailing rural character of the Town and its natural rural quality
from development sprawl by prescribing the most appropriate uses and
standards.
B.
Permitted uses. The following uses are permitted in the R-RL Zone:
(1)
Accessory dwelling unit.
(2)
Conservation subdivision.
[Amended 10-24-2022]
(3)
Dwelling, manufactured housing.
(4)
Dwelling, single-family.
(5)
Dwelling, multifamily 2-4 "limited", as follows:
[Added 11-27-2023]
|
Total Maximum Number of Units Allowed on Lot (Attached or Detached)
| ||
|---|---|---|
|
Number of Existing Units
|
Public Sewer and Water Available
|
Public Sewer and Water Not Available
|
|
0
|
4
|
2
|
|
1
|
3
|
3
|
|
2
|
2
|
2
|
(6)
Convalescent care facility.
(7)
Nursing care facility, long-term.
(8)
Accessory buildings, structures, and uses.
(9)
Home occupation, minor.
(10)
Individual private campsite.
(11)
Day-care facility.
(12)
Hospital.
(13)
Private assembly.
(14)
Public facility.
(15)
Public or private school.
(16)
Religious use.
(17)
Recreation, public open space.
(18)
Agriculture.
(19)
Commercial school.
(20)
Energy storage system, residential.
[Added 4-11-2022]
(21)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(22)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
C.
Special exception uses. The following uses are permitted as special
exception uses in the R-RL Zone:
(2)
Home occupation, major.
(3)
Campgrounds.
(4)
Rooming house.
(5)
Public utility facility.
(6)
Recreation, commercial indoor.
(7)
Recreation, commercial outdoor.
(8)
Agriculture, piggery.
(9)
Commercial kennel.
(10)
Sawmill, permanent.
(11)
Sawmill, temporary.
(12)
Veterinary hospital.
(13)
Cemetery.
(14)
Shops in pursuit of trade.
(15)
Junkyard.
(17)
Major or minor subdivision.
(18)
Solar energy system, ground-mounted large-scale (above 20,000
square feet).
[Added 4-11-2022]
D.
Standards. The following standards must be met unless modified per
Chapter 16.10, Conservation Subdivision:
[Amended 10-24-2022]
(2)
Dimensional standards:
(a)
Minimum net residential acreage per dwelling unit: 40,000 square
feet.
[Amended 11-27-2023; 5-13-2024]
(b)
Minimum lot size: 40,000 square feet.
(c)
Minimum street frontage: 150 feet.
(d)
Minimum front yard: 40 feet.
(e)
Maximum building coverage: 15%.
(f)
Minimum rear and side yards: 20 feet.
(NOTE: Buildings higher than 40 actual feet are to have side
and rear yards not less than 50% of building height.)
(g)
Maximum building height: 35 feet.
(NOTE: Minimum distance between principal buildings on the same
lot is the height equivalent to the taller building.)
(h)
Minimum water body setback for functionally water-dependent
uses: zero feet.
(3)
Subdivision types and standards. Subject to net residential acreage and net residential density per Chapter 16.3.
(4)
Junkyards. In the case of junkyards, the following special standards
apply, which are in addition to the standards and provisions prescribed
in Maine State Statutes, 30-A M.R.S.A. §§ 3751 to 3760,
and any changes thereto:
(5)
Mobile home parks. In the case of mobile home parks, sites must be at least 10 acres, subject to the special provisions of § 16.5.17.
(6)
Affordable housing requirements:
[Added 10-24-2022]
E.
Shoreland Overlay Zone OZ-SL — Residential — Rural Zone
(R-RL).
(1)
Permitted uses.
(a)
Accessory buildings, structures, and uses.
(b)
Agriculture.
(c)
Dwelling, single-family, if located farther than 100 feet from
the normal high-water line of any water bodies, or the upland edge
of a wetland individual private campsite.
[Amended 11-27-2023]
(d)
Recreation, public open space.
(e)
Energy storage system, residential.
[Added 4-11-2022]
(f)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(g)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
(2)
Special exception uses.
(a)
Day-care facility.
(b)
Home occupation, major.
(c)
Home occupation, minor.
(e)
Public utility facility.
(f)
Recreation, commercial indoor.
(g)
Recreation, commercial outdoor.
(h)
Commercial school.
(i)
Public or private school.
(j)
Hospital.
(k)
Nursing care facility, long-term.
(l)
Convalescent care facility.
(m)
Public facility.
(n)
Religious use.
(o)
Private assembly.
(p)
Solar energy system, ground-mounted large-scale (above 20,000
square feet).
[Added 4-11-2022]
F.
Resource Protection Overlay Zone OZ-RP — Residential —
Rural Zone (R-RL).
(2)
Special exception uses.
(a)
Accessory buildings, structures, and uses.
(b)
Agriculture.
(c)
Home occupation, major.
(d)
Home occupation, minor.
(e)
Dwelling, single-family.
(f)
Commercial school.
(g)
Public or private school.
(h)
Religious use.
(i)
Private assembly.
(j)
Public utility facility.
(k)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
A.
Purpose. The purpose of the Residential — Suburban R-S Zone
is to provide areas adjacent to the developed urban areas for future
residential growth consistent with the availability of public utilities.
To this end, the following apply:
B.
Permitted uses. The following uses are permitted in the R-S Zone:
[Amended 4-11-2022; 10-24-2022; 11-27-2023; 5-13-2024]
(1)
Accessory dwelling unit.
(2)
Conservation subdivision.
(3)
Dwelling, multifamily (not more than four units per building).
(4)
Dwelling, single-family.
(5)
Dwelling, multifamily 2-4 limited.
(6)
Convalescent care facility (may not occupy more than 5,000 square
feet of floor area).
(7)
Nursing care facility, long-term (may not occupy more than 5,000
square feet of floor area).
(8)
Residential care facility (may not occupy more than 5,000 square
feet of floor area).
(9)
Accessory buildings, structures, and uses.
(10)
Home occupation, minor.
(11)
Day-care facility.
(12)
Elderly day-care facility.
(13)
Hospital (may not occupy more than 5,000 square feet of floor
area).
(14)
Nursery school (may not occupy more than 5,000 square feet of
floor area).
(15)
Private assembly (may not occupy more than 5,000 square feet
of floor area).
(16)
Public facility (may not occupy more than 5,000 square feet
of floor area).
(17)
Public or private school (may not occupy more than 5,000 square
feet of floor area).
(18)
Religious use (may not occupy more than 5,000 square feet of
floor area).
(19)
Recreation, public open space.
(20)
Agriculture.
(21)
Commercial school (may not occupy more than 5,000 square feet
of floor area).
(22)
Energy storage system, residential.
(23)
Solar energy system, building-integrated and roof-mounted.
(24)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
C.
Special exception uses. The following uses are permitted as special
exception uses in the R-S Zone:
(1)
Dwelling, multifamily (five to 12 units per building).
(2)
Home occupations, major.
(3)
Rooming house.
(4)
Public utility facility.
(5)
Cemetery.
(6)
Retail sales, convenience (excluding the sale of gasoline).
(9)
Major or minor subdivision.
(10)
Solar energy system, ground-mounted large-scale (above 20,000
square feet).
[Added 4-11-2022]
D.
Standards. The following standards must be met unless modified per Chapter 16.10, Conservation Subdivision:
[Amended 10-24-2022]
(2)
Dimensional standards.
(a)
Unit density:
[Amended 11-27-2023; 5-13-2024]
[1]
For developments served by public water and sewer facilities:
minimum lot area per dwelling unit, 30,000 square feet unless reduced
in accordance with Note A.
[2]
For developments served by public water and sewer facilities
when more than 50% of the dwelling units proposed will be affordable
as defined by this code: minimum lot area, 12,000 square feet.
[3]
For developments that are not served by public water and sewer
facilities: minimum net residential acreage per dwelling unit, 40,000
square feet.
[4]
For developments that are not served by public water and sewer
facilities when more than 50% of the dwelling units proposed will
be affordable as defined by this code: minimum net residential acreage
per dwelling unit, 16,000 square feet. On-site septic facilities must
be designed and installed in accordance with Maine DEP requirements.
(c)
Minimum street frontage: 150 feet unless reduced in accordance
with Note A.
(d)
Minimum front yard: 40 feet.
(e)
Maximum building coverage: 20%.
(f)
Minimum rear and side yards: 15 feet.
(Note: Buildings higher than 40 actual feet must have side and
rear yards not less than 50% of the building height.)
(g)
Maximum building height: 35 feet.
(Note: Minimum distance between principal buildings on the same
lot is the height equivalent to the taller building.)
(h)
Minimum water body setback for functionally water-dependent
uses: zero feet.
(i)
Minimum setback from streams, water bodies and wetlands: in accordance with Table 16.5.30, § 16.4.28 and Appendix A, Fee Schedules.
|
Note A:
[Amended 11-27-2023] |
|
The required minimum lot area per dwelling unit and/or minimum
lot size for residential uses that are served by public sewage disposal
and that are located outside of areas subject to shoreland zoning
may be less than 30,000 square feet per lot/unit if the established
average density of development in the immediate area of the use as
determined below is less than 30,000 square feet.
|
|
If the average of the lot sizes and/or lot area per dwelling
unit of the developed residential lots that are located on the same
street and within 500 feet of the parcel is less than 30,000 square
feet, the required minimum lot size or required minimum lot area per
dwelling unit is the calculated average lot size or average lot area
per dwelling unit but not less than 20,000 square feet.
|
|
If the required minimum lot size is reduced, the required minimum
street frontage for new residential uses served by public sewerage
may also be reduced to the average of the lot frontage of existing
developed residential lots that are located on the same street and
within 500 feet of the parcel but in no case to less than 100 feet.
|
(3)
(5)
Parking.
When more than 50% of the dwelling units provided will be affordable
as defined by this code: two parking spaces per three dwelling units.
[Added 11-27-2023]
(6)
Affordable housing requirements:
[Added 10-24-2022; amended 11-27-2023]
E.
Shoreland Overlay Zone OZ-SL — Residential — Suburban
Zone (R-S).
(1)
Permitted uses.
(a)
Day-care facility.
(c)
Elderly day-care facility.
(d)
Recreation, public open space.
(e)
Energy storage system, residential.
[Added 4-11-2022]
(f)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(g)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
(2)
Special exception uses.
(a)
Home occupation, major.
(b)
Home occupation, minor.
(d)
Public utility facility.
(e)
Commercial school (must not occupy more than 5,000 square feet
of floor area).
(f)
Public or private school (must not occupy more than 5,000 square
feet of floor area).
(g)
Residential care facility (must not occupy more than 5,000 square
feet of floor area).
(h)
Hospital (must not occupy more than 5,000 square feet of floor
area).
(i)
Nursing care facility, long-term (must not occupy more than
5,000 square feet of floor area).
(j)
Public facility (must not occupy more than 5,000 square feet
of floor area).
(k)
Religious use (must not occupy more than 5,000 square feet of
floor area).
(l)
Private assembly (must not occupy more than 5,000 square feet
of floor area).
(m)
Solar energy system, ground-mounted large-scale (above 20,000
square feet).
[Added 4-11-2022]
F.
Resource Protection Overlay Zone OZ-RP — Residential Suburban
Zone (R-S).
(2)
Special exception uses.
(a)
Accessory buildings, structures, and uses.
(b)
Agriculture.
(c)
Home occupation, major.
(d)
Home occupation, minor.
(e)
Public utility facility.
(f)
Dwelling, single-family.
(g)
(Reserved)
(h)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
A.
Purpose. The purpose of the Residential — Kittery Point Village
R-KPV Zone is to preserve the established character and development
pattern of the Kittery Point neighborhood while assuring that any
new development is consistent with this historical development pattern
and is environmentally suitable. To this end, the following apply:
B.
Permitted uses. The following uses are permitted in the R-KPV Zone:
[Amended 4-11-2022; 10-24-2022; 11-27-2023; 5-13-2024]
(1)
Accessory dwelling units.
(2)
Conservation subdivision.
(3)
Dwelling, multifamily (not more than four units per building).
(4)
Dwelling, single-family.
(5)
Dwelling, multifamily 2-4 limited.
(6)
Accessory buildings, structures, and uses.
(7)
Home occupations, minor.
(8)
Day-care facility.
(9)
Nursery school (must not occupy more than 5,000 square feet
of floor area).
(10)
Private assembly (must not occupy more than 5,000 square feet
of floor area).
(11)
Public facility (must not occupy more than 5,000 square feet
of floor area).
(12)
Public or private school (must not occupy more than 5,000 square
feet of floor area).
(13)
Religious use (must not occupy more than 5,000 square feet of
floor area).
(14)
Recreation, public open space.
(15)
Agriculture.
(16)
Commercial school (must not occupy more than 5,000 square feet
of floor area).
(17)
Energy storage system, residential.
(18)
Solar energy system, building-integrated and roof-mounted.
(19)
Solar energy system, ground-mounted small-scale.
C.
Special exception uses. The following uses are permitted as special
exception uses in the R-KPV Zone:
(1)
Rooming house.
(3)
Public utility facility.
(4)
Cemetery.
(5)
Retail sales, convenience (excluding sale of gasoline).
(6)
Home occupation, major.
(7)
The reuse of a designated historic building, in nonresidential use as of the effective date of this provision, as an art studio/gallery, museum, or business and professional office subject to standards for a minor home occupation as set forth in § 16.5.12.
(8)
Major or minor subdivision.
(9)
Solar energy system, ground-mounted medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
D.
Standards. The following standards must be met unless modified per Chapter 16.10, Conservation Subdivision:
[Amended 10-24-2022; 11-27-2023]
(2)
Dimensional standards.
[Amended 5-13-2024]
(a)
Minimum net residential acreage per dwelling unit: 40,000 square
feet except to exempt properties which are unable to meet the square
feet required for a single-family dwelling unit, provided the lot
was conforming prior to October 25, 2012. See Chapters 16.1.8.C for
nonconformance.
(b)
Minimum lot size: 40,000 square feet.
(c)
Minimum street frontage: 150 feet unless reduced in accordance
with Note A.
|
Note A:
|
|
The required minimum street frontage for a new lot may be less
than 150 feet if the established pattern of street frontage in the
immediate area of the lot as determined below is less than 150 feet
per lot.
|
|
The required minimum street frontage in this case is the average
of the street frontage of existing developed residential lots that
are located on the same street and within 500 feet of the parcel,
but in no case less than 100 feet.
|
(d)
Minimum front yard: 40 feet.
(e)
Maximum building coverage: 20%.
(f)
Minimum rear and side yards: 15 feet. (Note: Buildings higher
than 40 actual feet must have side and rear yards not less than 50%
of the building height.)
(g)
Maximum building height: 35 feet. (Note: Minimum distance between
principal buildings on the same lot is the height equivalent to the
taller building.)
(h)
Minimum water body setback for functionally water-dependent
uses: zero feet.
(i)
Minimum setback from streams, water bodies and wetlands: in accordance with Table 16.5.30, § 16.4.28 and Appendix A, Fee Schedules. Subdivision types and standards.
(3)
(4)
Affordable
housing requirements:
[Added 10-24-2022]
E.
Shoreland Overlay Zone OZ-SL — Residential — Kittery
Point Village (R-KPV).
(1)
Permitted uses.
(2)
Special exception uses.
(a)
Home occupation, major.
(b)
Home occupation, minor.
(c)
Public utility facility.
(d)
Commercial school (must not occupy more than 5,000 square feet
of floor area).
(e)
Public or private school (must not occupy more than 5,000 square
feet of floor area).
(f)
Nursery school (must not occupy more than 5,000 square feet
of floor area).
(g)
Public facility (must not occupy more than 5,000 square feet
of floor area).
(h)
Religious use (must not occupy more than 5,000 square feet of
floor area).
(i)
Private assembly (must not occupy more than 5,000 square feet
of floor area).
(j)
Solar energy system, ground-mounted medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
A.
Purpose. The purpose of the Residential — Urban R-U Zone is
to preserve the physical, aesthetic and social quality of Kittery's
urban area and, consistent with this goal, to provide therein for
the location of a variety of residential uses in accordance with the
standards of this title. To this end, the following apply:
B.
Permitted uses. The following uses are permitted in the R-U Zone:
[Amended 4-11-2022; 10-24-2022; 11-27-2023]
(1)
Accessory dwelling units.
(2)
Conservation subdivision.
(3)
(Reserved)
(4)
Dwelling, manufactured housing.
(5)
Dwelling, multifamily.
(6)
Dwelling, single-family.
(7)
Dwelling, multifamily 2-4 "limited."
(8)
Convalescent care facility.
(9)
Nursing care facility, long-term.
(10)
Accessory buildings, structures, and uses.
(11)
Home occupations, minor.
(12)
Day-care facility.
(13)
Hospital.
(14)
Nursery school.
(15)
Private assembly.
(16)
Public facility.
(17)
Public or private school.
(18)
Religious use.
(19)
Recreation, public open space.
(20)
Commercial school.
(21)
Conference center.
(22)
Energy storage system, residential.
(23)
Solar energy system, building-integrated and roof-mounted.
(24)
Solar energy system, ground-mounted small-scale.
C.
Special exception uses. The following uses are permitted as special
exception uses in the R-U Zone:
(1)
Rooming house.
(2)
Business and professional offices.
(3)
Funeral home.
(4)
Art studio or gallery.
(5)
Recreation, public facility.
(6)
Recreation, commercial indoor.
(7)
Recreation, commercial outdoor.
(8)
Public utility facility.
(9)
Inn.
(10)
Home occupations, major.
(11)
Age-restricted housing.
(12)
Major or minor subdivision.
(13)
Solar energy system, ground-mounted medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
D.
Standards. The following standards must be met unless modified per Chapter 16.10, Conservation Subdivision:
[Amended 10-24-2022]
(2)
Dimensional standards:
[Amended 11-27-2023; 5-13-2024]
(a)
Unit density:
[1]
For developments served by public water and sewer facilities:
minimum lot area per dwelling unit, 20,000 square feet unless reduced.
[2]
For developments served by public water and sewer facilities
when more than 50% of the dwelling units proposed will be affordable
as defined by this code: minimum lot area, 8,000 square feet.
[3]
For developments that are not served by public water and sewer
facilities: minimum net residential acreage per dwelling unit, 20,000
square feet.
[4]
For developments that are not served by public water and sewer
facilities when more than 50% of the dwelling units proposed will
be affordable as defined by this code: minimum net residential acreage
per dwelling unit, 20,000 square feet.
(b)
When more than 50% of the dwelling units proposed will be affordable
as defined by this code and have public sewer: 8,000 square feet.
(c)
Minimum lot size: 20,000 square feet.
(d)
Minimum street frontage: 100 feet.
(e)
Minimum front yard, all buildings: 30 feet.
(f)
Minimum rear and side yards, all buildings: 15 feet.
(Note: Buildings higher than 40 actual feet must have side and
rear yards not less than 50% of building height.)
(g)
Maximum building height: 35 feet.
(Note: Minimum distance between principal buildings on the same
lot is the height equivalent to the taller building.)
(h)
Maximum building coverage: 20%.
(i)
Minimum water body setback for functionally water-dependent
uses: zero feet.
(3)
Subdivision types and standards.
[Amended 11-27-2023]
(a)
Conservation subdivision. In a subdivision, the above standards may be modified in accordance with special provisions of Chapter 16.10, including that there is no minimum lot size, and with the conditions that:
[1]
Minimum principal building separation as required by the Fire
Chief, but not less than 15 feet.
(b)
Subdivision development (special exception uses, § 16.4.13C). In a subdivision development, standards in § 16.4.13D(1) and (2) apply and include:
[1]
Minimum percentage of common open space: 15%.
(4)
Age-restricted housing. In the case of age-restricted housing, the above standards may be modified in accordance with the special provisions of § 16.5.15 and with the condition that:
(a)
Public sewerage and water must be provided.
(b)
A minimum lot area of three acres must be provided.
(c)
The maximum density may not exceed four dwelling units per lot
area. In no event may the Planning Board authorize a departure which
increases the total number of dwelling units greater than that specified
under the applicable zoning ordinance.
(d)
A single-bedroom unit may not be less than 550 square feet and
a two-bedroom unit not less than 650 square feet.
(6)
Parking. When more than 50% of the dwelling units provided will
be affordable as defined by this code: two parking spaces per three
dwelling units.
[Added 11-27-2023]
(7)
Affordable housing requirements:
[Added 10-24-2022; amended 11-27-2023]
E.
Shoreland Overlay Zone OZ-SL — Residential — Urban Zone
(R-U).
(1)
Permitted uses.
(a)
Accessory buildings, structures, and uses.
(b)
Day-care facility.
(d)
Recreation, public open space.
(e)
(e) Energy storage system, residential.
[Added 4-11-2022]
(f)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(g)
Solar energy system, ground-mounted small-scale.
[Added 4-11-2022]
(2)
Special exception uses.
(a)
Home occupation, major.
(b)
Home occupation, minor.
(c)
Inn.
(d)
Public utility facility.
(e)
Recreation, commercial indoor.
(f)
Recreation, commercial outdoor.
(g)
Commercial school.
(h)
Public or private school.
(i)
Nursery school.
(j)
Hospital.
(k)
Nursing care facility, long-term.
(l)
Convalescent care facility.
(m)
Public facility.
(n)
Religious use.
(o)
Private assembly.
(p)
Solar energy system, ground-mounted medium- and large-scale (under
20,000 square feet).
[Added 4-11-2022]
(3)
Solar energy system, ground-mounted medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
A.
Purpose. The purpose of the Residential — Village R-V Zone
is to recognize the special nature of the Admiralty Village neighborhood
as a densely developed residential zone composed primarily of affordable
housing on small lots serviced by sewer and water and to encourage
reinvestment in maintaining and upgrading the neighborhood. Consistent
with this goal, the zone provides for uses that reinforce the residential
character and establish building standards that allow improvements
on typical lots to enhance the residential quality of life in the
neighborhood. To this end, the following will apply:
B.
Permitted uses. The following uses are permitted in the R-V Zone:
[Amended 4-11-2022; 11-27-2023]
(1)
Accessory dwelling unit.
(2)
Dwelling, multifamily 2-4 "limited."
(3)
Dwelling, manufactured housing.
(4)
Dwelling, single-family.
(5)
(Reserved)
(6)
Accessory buildings, structures, and uses.
(7)
Home occupation, minor.
(8)
Day-care facility (limited to 12 or fewer persons in care, in conformance with the standards for a home occupation, minor. See § 16.5.12).
(9)
Nursery school (limited to 12 or fewer persons in care, in conformance with the standards for a home occupation, minor. See § 16.5.12).
(10)
Public facility.
(11)
Recreation, public facility.
(12)
Recreation, public open space.
(13)
Energy storage system, residential.
(14)
Solar energy system, building-integrated and roof-mounted.
(15)
Solar energy system, ground-mounted small-scale.
C.
Special exception uses. The following uses are permitted as special
exception uses in the R-V Zone:
(1)
Public utility facility.
(2)
Home occupations, major.
(3)
Day-care facility (for 13 or more persons in care, in conformance with the standards for a home occupation, major. See § 16.5.12).
(4)
Nursery school (for 13 or more persons in care, in conformance with the standards for a home occupation, major. See § 16.5.12).
(5)
Solar energy system, ground-mounted medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
D.
Standards. All development and the use of land in the R-V Zone must meet the following standards. In addition, the design and performance standards of Chapters 16.5, 16.7 and 16.8 must be met. The Design Handbook provides examples of appropriate design for nonresidential and multiunit residential projects.
(1)
The following space standards apply:
(a)
Minimum net residential acreage per dwelling unit: 4,000 square
feet.
[Amended 11-27-2023; 5-13-2024]
(b)
Minimum lot size: 6,000 square feet.
(c)
Minimum street frontage: 50 feet.
(d)
Minimum front yard: 15 feet.
(e)
Minimum rear yard, dwellings/structures: 15 feet.
(f)
Minimum side yard, dwellings/structures: 10 feet.
(g)
Minimum rear and side yards for accessory buildings/structures
that are accessory to a residential use and located at least four
feet behind the predominant rear line of the principal building: three
feet.
(h)
Maximum structure coverage: 40%.
(i)
Maximum height of principal dwellings/structures: 35 feet.
(j)
Maximum height of accessory buildings/structures located closer
than 10 feet to a lot line: 15 feet.
(k)
Maximum building coverage: 20%.
(l)
Minimum water body setback for functionally water-dependent
uses: zero feet.
E.
Shoreland Overlay Zone OZ-SL — Residential — Village
Zone (R-V).
(1)
Permitted uses.
(a)
Accessory buildings, structures, and uses.
(c)
Recreation, public facility.
(d)
Recreation, public open space.
(e)
Energy storage system, residential.
[Added 4-11-2022]
(f)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(g)
Solar energy systems, ground-mounted small-scale.
[Added 4-11-2022]
(2)
Special exception uses.
(a)
Day-care facility (for 13 or more persons in care, in conformance with the standards for a major home occupation; see § 16.5.12).
(b)
Nursery school (for 13 or more persons in care, in conformance with the standards for a major home occupation; see § 16.5.12).
(c)
Home occupation, major.
(d)
Home occupation, minor.
(e)
Public utility facility.
(f)
Solar energy system, ground-mounted medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
A.
Purpose. The purpose of the Residential - Rural Conservation R-RC
Zone is to conserve and protect land areas of the Town which by their
location and character require special measures to ensure low-density
development. To this end, the following apply:
B.
Permitted use. The following uses are permitted in the R-RC Zone:
(1)
Accessory dwelling units.
(2)
Conservation subdivision.
[Amended 10-24-2022]
(3)
Dwelling, manufactured housing.
(4)
Dwelling, single-family.
(5)
Dwelling,
multifamily 2-4 "limited" as follows:
[Added 11-27-2023]
|
Total Maximum Number of Units Allowed on Lot (Attached or Detached)
| ||
|---|---|---|
|
Number of Existing Units
|
Public Sewer and Water Available
|
Public Sewer and Water Not Available
|
|
0
|
4
|
2
|
|
1
|
3
|
3
|
|
2
|
2
|
2
|
(6)
Accessory buildings, structures, and uses.
(7)
Home occupations, minor.
(8)
Recreation, public facility.
(9)
Recreation, public open space.
(10)
Agriculture.
(11)
Timber harvesting.
(12)
Energy storage system, residential.
[Added 4-11-2022]
(13)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(14)
Solar energy system, ground-mounted small-scale.
[Added 4-11-2022]
C.
Special exception uses. The following uses are permitted as special
exception uses in the R-RC Zone:
(1)
Home occupations, major.
(2)
Day-care facility.
(3)
Private assembly.
(4)
Public facility.
(5)
Public or private school.
(6)
Public utility facility.
(7)
Religious use.
(8)
Recreation, commercial indoor.
(9)
Recreation, commercial outdoor.
(10)
Commercial school.
(11)
Cemetery.
(12)
Major or minor subdivision.
(13)
Solar energy system, ground-mounted medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
D.
Standards. The following standards must be met unless modified per Chapter 16.10, Conservation Subdivision:
[Amended 10-24-2022]
(2)
The following dimensional standards apply:
(a)
Minimum net residential acreage per dwelling unit: 80,000 square
feet.
[Amended 11-27-2023; 5-13-2024]
(b)
Minimum lot size: 80,000 square feet.
(c)
Minimum street frontage: 200 feet.
(d)
Minimum front yard: 40 feet.
(e)
Maximum building coverage: 6%.
(f)
Minimum rear and side yards: 20 feet.
(Note: Buildings higher than 40 actual feet must have side and
rear yards not less than 50% of building height.)
(g)
Maximum building height: 35 feet.
(Note: Minimum distance between principal buildings on the same
lot is the height equivalent to the taller building.)
(h)
Minimum water body setback for functionally water-dependent
uses: zero feet.
(3)
Subdivision types and standards. Subject to net residential acreage and net residential density per § 16.2.2.
(4)
Affordable housing requirements:
[Added 10-24-2022]
E.
Shoreland Overlay Zone — Residential Conservation Zone (R-RC).
(1)
Permitted uses.
(a)
Accessory buildings, structures, and uses.
(b)
Agriculture.
(d)
Recreation, public facility.
(e)
Recreation, public open space.
(f)
Timber harvesting.
(g)
Energy storage system, residential.
[Added 4-11-2022]
(h)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(i)
Solar energy system, ground-mounted small-scale.
[Added 4-11-2022]
(2)
Special exception uses.
(a)
Day-care facility.
(b)
Home occupation, major.
(c)
Home occupation, minor.
(d)
Recreation, selected commercial.
(e)
Public utility facility.
(f)
Commercial school.
(g)
Public or private school.
(h)
Public facility.
(i)
Religious use.
(j)
Private assembly.
(k)
Solar energy system, ground-mounted medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
F.
Resource Protection Overlay Zone OZ-RP — Residential —
Rural Conservation Zone (R-RC).
(2)
Special exception uses.
(a)
Accessory buildings, structures, and uses.
(b)
Agriculture.
(c)
Home occupations, major.
(d)
Home occupations, minor.
(e)
Recreation, commercial indoor.
(f)
Recreation, commercial outdoor (exclusive of golf courses).
(g)
Public utility facility.
(h)
Dwelling, single-family.
(i)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
A.
Purpose. The purposes of the Conservation Zone are to preserve and
protect natural environmental areas, conservation lands, park and
other areas, including but not limited to the Rachel Carson Wildlife
Preserve, Town Farm Forest, state and local parklands, and land with
conservation easements that prohibit development in perpetuity; further
the maintenance of safe and healthful conditions; prevent and control
potential water pollution sources; protect spawning grounds, fish,
aquatic life, bird and other wildlife habitat; and conserve shore
cover, visual as well as actual point of access to inland and coastal
waters and natural beauty.
B.
Permitted uses. The following uses are permitted in the CON Zone:
(1)
Accessory buildings, structures, and uses.
(2)
Open space, reserved.
(3)
Recreation, public facility.
(4)
Recreation, public open space.
(5)
Existing land conservation uses.
(6)
Energy storage system, residential.
[Added 4-11-2022]
(7)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(8)
Solar energy system, ground-mounted small-scale.
[Added 4-11-2022]
D.
Standards.
(2)
Dimensional standards:
(a)
Minimum land area per dwelling unit: not applicable.
(b)
Minimum lot size: none.
(c)
Minimum street frontage: none.
(d)
Minimum front yard: 40 feet.
(e)
Maximum building coverage: 6%.
(f)
Minimum rear and side yards: 20 feet. (Note: If by variance
or existing conditions a building is higher than 40 actual feet, it
must have side and rear yards not less than 50% of building height.)
(g)
Maximum building height: 35 feet. (Note: Minimum distance between
principal buildings on the same lot is the height equivalent to the
taller building.)
(h)
Minimum water body setback for functionally water-dependent
uses: zero feet.
E.
Shoreland Overlay Zone OZ-SL — Conservation (CON).
(1)
Permitted uses.
(a)
Open space, reserved.
(b)
Recreation, public facility.
(c)
Recreation, public open space.
(d)
Accessory buildings, structures, and uses.
(e)
Existing land conservation uses.
(f)
Energy storage system, residential.
[Added 4-11-2022]
(g)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(h)
Solar energy system, ground-mounted small-scale.
[Added 4-11-2022]
A.
Purpose. The purpose of the Business - Local (B-L) Zone is to provide
local retail services, and business space as well as a variety of
housing types within a walkable context. Much of this zone serves
a well-traveled corridor through Kittery with many buildings, including
residential structures, oriented to Route 1. Other portions of the
zone serve as business hubs for the neighborhoods they are situated
in.
[Amended 9-12-2022]
B.
Permitted uses. The following uses are permitted in the B-L Zone:
[Amended 4-11-2022; 9-12-2022; 11-27-2023]
(1)
Accessory dwelling unit.
(2)
Dwelling, multifamily 2-4.
(3)
Dwelling, manufactured housing.
(5)
Dwelling, single-family.
(6)
(Reserved)
(7)
Dwelling units as part of a mixed-use building.
(8)
Convalescent care facility.
(9)
Nursing care facility, long-term.
(10)
Residential care facility.
(11)
Accessory buildings, structures, and uses.
(12)
Home occupation, major.
(13)
Home occupation, minor.
(14)
Day-care facility.
(15)
Hospital.
(16)
Nursery school.
(17)
Private assembly.
(18)
Public facility.
(19)
Public or private school.
(20)
Religious use.
(21)
Recreation, public open space.
(22)
Aquaculture.
(23)
Commercial fisheries/maritime activities (provided only incidental
cleaning and cooking of seafood occur at the site).
(24)
Commercial school.
(25)
Art studio or gallery.
(26)
Business and professional offices.
(27)
Business service.
(28)
Conference center.
(29)
Personal service.
(30)
Restaurant.
(31)
Retail sales (excluding those of which the principal activity entails outdoor sales and/or storage and excluding those specifically mentioned under Subsection C of this section).
(32)
Retail sales, building materials and garden supply (excluding
those of which the principal activity entails outdoor sales and/or
storage).
(33)
Retail sales, convenience.
(34)
Specialty food and/or beverage facility.
(35)
Mass transit station.
(36)
Parking area.
(37)
Energy storage system, commercial.
(38)
Energy storage system, residential.
(39)
Solar energy system, building-integrated and roof-mounted.
(40)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
C.
Special exception uses. The following uses are permitted as special
exception uses in the B-L Zone:
[Amended 9-12-2022]
D.
Standards. All development and the use of land in the B-L Zone must meet the following standards. Kittery's Design Handbook illustrates how these standards can be met. In addition, the design and performance standards of Chapters 16.5, 16.7 and 16.8 must be met.
[Amended 9-12-2022]
(1)
The
following space and dimensional standards apply:
(a)
Minimum lot area per dwelling unit:
[Amended 11-27-2023; 5-13-2024]
[1]
If served by on-site sewage disposal: minimum net residential
acreage per dwelling unit, 20,000 square feet;
[2]
If served by the public sewerage system and:
[a]
When no frontage on State Road or Route 1 Bypass
exists: minimum lot area per dwelling unit, 3,000 square feet;
[b]
When less than five dwelling units are proposed
at minimum, one nonresidential use must be located on the first floor
facing State Road or Route one Bypass such that the use will be visible
from the street: minimum lot area per dwelling unit, 3,000 square
feet. Such a nonresidential use or uses need not occupy the entire
first floor but must be an independent nonresidential use, e.g., not
a home office marketed with a dwelling unit as a work/live unit;
[c]
When five or more dwelling units are proposed at
minimum, one nonresidential use must be located on the first floor
facing State Road or Route one Bypass such that the use will be visible
from the street: minimum lot area per dwelling unit, 2,500 square
feet. Such a nonresidential use or uses need not occupy the entire
first floor but must be an independent nonresidential use, e.g., not
a home office marketed with a dwelling unit as a work/live unit; or
[d]
25% or more of the dwelling units will be affordable
housing units as defined by this code: minimum lot area per dwelling
unit, 1,000 square feet.
Note: Except as otherwise required by the buffer provisions
of this title.
(b)
Parking. Parking requirements are to be met on site. If meeting the parking requirements is not possible, the parking demand may be satisfied off site or through joint-use agreements as specified herein. Notwithstanding the off-street parking requirements in § 16.7.11F(4), minimum parking requirements for the uses below are modified as specified:
[1]
Dwelling units: 1.5 parking spaces per dwelling unit; unless:
[a]
Affordable housing as defined by this code is proposed,
in which case the parking requirements may be reduced to one parking
space per dwelling unit at the Planning Board's discretion; and/or
[b]
Some or all of the proposed dwelling units are
one-bedroom or studio-type units, in which case parking requirements
for these types of units may be reduced to one parking space for each
unit so described.
[c]
More than 50% of the dwelling units proposed will
be affordable as defined by this code, in which case parking is reduced
to two spaces per three dwelling units.
[Added 11-27-2023]
[2]
For multifamily dwellings, if more than 10 parking spaces are required, up to 20% of the parking may be designated for compact cars. See § 16.7.11F(4), Off-street parking standards.
[3]
Electric car charging stations are allowed and encouraged in
parking lots but must not interfere with pedestrian movement on sidewalks.
(c)
Off-site parking. Required off-street parking may be satisfied
at off-site locations, provided such parking is on other property
owned by the applicant or is under the terms of a contractual agreement
that will ensure such parking remains available for the uses served.
Applicant must present evidence of a parking location and a contractual
agreement prior to final approval and file the same with Planning
and Code Office each time the contract is renewed. Any changes to
the contractual agreement must be reviewed by the Code Enforcement
Officer and if the location of the off-site parking changes will require
approval from the municipal permitting authority which originally
approved the off-site parking.
(d)
Joint-use parking. Required off-street parking may also be satisfied
by the joint use of parking space by two or more uses if the applicant
can show that parking demand is nonconflicting and will reasonably
provide adequate parking for the multiple uses without parking overflowing
into undesignated areas. Nonconflicting periods may consist of daytime
as opposed to evening hours of operation or weekday as opposed to
weekends or seasonal variation in parking demand.
[1]
Such joint parking areas must be held under ownership of the
applicant or under terms of a contractual agreement that ensures such
parking remains available to all users of the shared parking spaces.
Applicant must present evidence of the parking location and a contractual
agreement prior to final approval and file the same with the Planning
and Code Office each time the contract is renewed. Any changes to
the contractual agreement must be reviewed by the Code Enforcement
Officer and if the location of the joint parking area changes will
require approval from the municipal permitting authority which originally
approved the off-site parking;
[2]
Determination of parking adequacy will be based on a most-frequent
basis, not a "worst case" scenario;
[3]
Joint use parking areas must be located within 1,500 feet of
the use served, but do not need to be located on the same lot as the
uses served;
[4]
Ease and safety of pedestrian access to shared parking by the
users served must be demonstrated, including any proposed improvements
or shuttle service that may be offered and its requisite loading/unloading
areas;
[5]
Such joint parking areas must not be located in residential
zones of the Town.
(e)
In making determinations on off-site or joint-use parking under
a development plan review, the municipal permitting authority with
jurisdiction to review and approve will make a final determination
of the joint-use and/or off-site spaces that constitute an acceptable
combination of spaces to meet the required parking demand.
(f)
Special parking and access situations. In instances where one
row of parking spaces and/or a related access drive is located between
the front property line and the front wall of the building extending
the full width of the lot and was utilized in accordance with previous
permits or approvals, for parking, display, storage, building or necessary
vehicle circulation, the Planning Board may allow such improvements
to remain, provided all other parking meets the location requirements
and provided that a landscaping plan for the property frontage is
reviewed and approved by the Planning Board.
(g)
Minimum lot size: none.
Note: Except that all screening, open space, buffering and landscaping
requirements must be met, or in instances where the Planning Board
may modify such requirements, such modifications must be found satisfactory
by the Board.
(h)
Minimum street frontage: none.
Note: All lots must meet the requirements of § 16.5.13, Lots, unless specifically modified by this section (§ 16.4.17). Street frontage must provide sufficient vehicular and pedestrian access for the uses proposed while meeting public health and safety requirements (e.g., Fire Department, Department of Public Works). The applicant must demonstrate to the municipal permitting authority that the street frontage and lot design meet these requirements to the extent practicable.
(i)
Maximum front setback: 20 feet.
[1]
Note: Except when a multistory building comprising 1) three
or more residential dwelling units; 2) nonresidential uses; or 3)
a combination of residential and nonresidential uses is proposed directly
across the street from a residential district or single-family use;
in which case a minimum of 15 feet is required.
[2]
Note: The Planning Board may, at its discretion, allow a greater
setback when public amenities such as pocket parks, outdoor dining
or seating areas are proposed within the front setback. Pocket parks
must be at least 200 square feet, with a minimum of three trees and
a bench for sitting required. Park must be vegetated with ground cover,
except for walkways. Outdoor dining areas must meet any additional
requirements specific to that use. Parking is prohibited in the front
setback except as allowed in Subsection D(1)(f)[1] above.
(j)
Minimum rear and side setbacks: 10 feet.
Note: Except as otherwise required by the buffer provisions
of this title, and except where the side and/or rear setbacks abut
a residential district or single-family use, in which case a minimum
of 15 feet or 50% of the building height is required, whichever is
greater.
(k)
Maximum building height: 40 feet. Solar apparatus is excluded
from height determinations.
Note: Except that height standards for single- and two-family
residential uses are the same as for those of the Urban Residential
District.
(l)
Impervious surface: No maximum allowable, but all open space, landscaping, setbacks, buffers, screening and street tree requirements apply. For development that is proposing 70% or more impervious surface, the stormwater requirements in Subsection D(1)(m) below may not be modified.
(m)
Stormwater: All new development must use LID (low-impact development)
and BMP (best management practices), based on Maine DEP's Maine Stormwater
Best Management Practices Manual Volumes I through III, as amended
from time to time, to manage 100% of the total stormwater generated
on-site. The stormwater report and plan demonstrating that this requirement
is met must be included with the application at the time of submission.
A request for a modification may be submitted to the Planning Board,
but it is incumbent on the applicant to prove to the Planning Board's
satisfaction that such a modification is necessary. The Town reserves
the right to submit such modification requests for independent engineering
review at the applicant's expense. The Board may also require additional
landscaping/plantings and/or LID design features when granting such
concessions.
(o)
Minimum setback from functionally water-dependent uses: zero
feet.
(2)
Parking
design.
(a)
Parking must be located to the side or rear of the building.
If all parking cannot be located to the rear or side, the Planning
Board may allow limited parking in front of the building, but it is
incumbent upon the applicant to demonstrate why such a modification
request should be granted. In granting this concession, the Board
may require more intensive landscape plantings and/or LID design features.
(b)
Shared access between buildings and/or lots must be provided
where feasible. Feasibility criteria include:
(c)
Screening through the use of plantings and/or fencing is required
for all new or revised parking abutting public streets and/or single-family
uses or residential zones. Such screening does not require that the
parking lot and vehicles within it be completely obscured from view;
rather, the screening must provide visual interest and distraction
from the parking area beyond, as well as buffer vehicle headlight
trespass.
[1]
A landscape plan showing screening and other landscaping requirements
prepared by a registered landscape architect is a submission requirement.
However, a landscape plan done by other design professionals may be
allowed at the Planning Board's discretion.
[2]
Any required plantings that do not survive must be replaced
within one year. This requirement does not expire and runs with the
land.
[3]
Surface parking lots designed for five or more cars that will
service multifamily or mixed-use buildings with dwelling units and
which abut a street, single-family use or residential zone must provide
screening in one of the following ways:
[a]
Any combination of trees, shrubs, tall ornamental
grasses or perennial plants in a planting bed at least eight feet
wide. Climate-change-tolerant Northeastern native plants are preferred.
Plantings must be sufficient, as determined by the Planning Board,
to screen the parking area from the street, except for necessary vehicular
and pedestrian access. Planting beds may be mulched, but no dyed mulching
material may be used. Drip irrigation is recommended.
[b]
One tree per 25 feet of street frontage within
a planting bed at least eight feet wide which will include other plantings
such as perennials. Plantings must be sufficient to screen the parking
area from the street, except for necessary vehicular and pedestrian
access. To ensure survival, trees must be planted using silva cells,
bioretention cells or tree wells. Trees must be at least 2.5-inch
caliper and 12 feet high at the time of planting. Existing large healthy
trees must be preserved if practical and will count towards this requirement.
Trees proposed within the public right-of-way must remain under 20
feet tall at maturity. Trees native to the Northeast, selected for
climate change tolerance, are preferred and must be drought and salt
tolerant when used along streets. A diversity of tree species (three
to five species per every 12 trees) is required to provide greater
resiliency to threats from introduced insect pests and diseases. Planting
beds may be mulched, but no dyed mulching material may be used. Drip
irrigation is recommended for plantings proposed to accompany the
trees.
[c]
Fencing, no taller than six feet, of a type that
screens rather than blocks a view and made of a material compatible
with surrounding buildings. Chain-link fences are not allowed unless
they have a PVC color coating to blend in with surroundings. Stockade
fences may only be allowed to buffer a parking lot along the lot line
that abuts a single-family use or residential zone. A planting bed
at least six feet wide, including the fence, is required, with a combination
of trees, shrubs and perennials located on the proposed development's
side of the fence. Planting beds may be mulched, but no dyed mulching
material may be used. Drip irrigation is recommended.
(d)
A minimum of 10% of any surface parking area consisting of 10
or more spaces must be landscaped with trees and vegetated islands.
This requirement is in addition to other required landscaping and
street tree requirements.
(3)
Building design standards. Kittery's characteristic buildings
reflect its historic seacoast past. The primary architectural styles
are New England Colonial (such as Cape Cod and saltbox), Georgian,
Federal and Classical Revival. New buildings must be compatible with
Kittery's characteristic styles in form, scale, material and color.
In general, buildings should be oriented with the front of the building
facing the street on which the building is located. The front or street
facade must be designed as the front of the building. The front elevation
must contain one or more of the following elements: 1) a front door,
although other provisions for access to the building may be provided;
2) windows; or 3) display cases. (See Design Handbook for examples
of acceptable materials and designs.) Strict imitation is not required.
Design techniques can be used to maintain compatibility with characteristic
styles and still leave enough flexibility for architectural variety.
To achieve this purpose, the following design standards apply to new
and modified existing building projects:
(a)
Exterior building materials and details. Building materials
and details strongly define a project's architectural style and overall
character. (See Design Handbook for examples of acceptable materials,
building scale and designs.) "One-sided" schemes are prohibited; similar
materials and details must be used on all sides of a building to achieve
continuity and completeness of design. Predominant exterior building
materials must be of good quality and characteristic of Kittery, such
as horizontal wood board siding, vertical wood boards, wood shakes,
brick, stone or simulated stone, glass and vinyl, or metal clapboard.
(b)
Roofs. A building's prominent roofs must be pitched a minimum
of 4:12 unless demonstrated to the Planning Board's satisfaction that
this is not practicable. Acceptable roof styles are gabled, gambrel,
and hipped roofs. Flat roofs, shed roofs and roof facades (such as
"stuck on" mansards) are not acceptable as prominent roof forms except
as provided above. Roof colors must be muted. (See Design Handbook
for examples.) The roof design must screen or camouflage rooftop protrusions
to minimize the visual impact of air-conditioning units, air-handler
units, exhaust vents, transformer boxes, and the like. (See Design
Handbook for examples of appropriate treatments.)
(c)
Loading docks and overhead doors. Loading docks and overhead
doors must be located on the side or rear of the building and screened
from view from adjacent properties in residential use.
(d)
Lighting plans, including outdoor lighting fixture designs and
photometric plans, must be included at the time of application submission.
All lighting fixtures must be cutoff (dark sky compliant).
(4)
Landscaping and site design standards. A landscape plan prepared by a registered landscape architect is a submission requirement. However, a landscape plan done by other design professionals may be allowed at the Planning Board's discretion. To achieve attractive and environmentally sound site design, in addition to the landscaping standards contained in Chapter 16.5, the following landscaping requirements apply to new and modified existing developments:
(a)
Landscape planter strip. A vegetated landscape planter strip
must be provided a minimum of 15 feet in depth adjacent to the right-of-way
of all public roads or the sidewalk if it already exists. If a sidewalk
does not yet exist on-site but sidewalks do exist on adjacent properties,
the planting strip must be located so that it does not interfere with
connectivity to existing sidewalks. Planting strips which demonstrate
LID functionality to assist in stormwater capture are preferred. The
Planning Board may reduce the required width of the landscape planting
strip is provided in front of the parcel and the area between the
front property line and the front wall of the building will be designed
and used as a pedestrian space, outdoor dining as defined by this
title, or a seating area. The landscape planting strip must include
the following landscape elements:
[1]
Plantings. The entire landscape planting strip must be vegetated
with a combination of shrubs, perennials, and ornamental grasses,
except for approved driveways, walkways, bikeways and screened utility
equipment. Climate-change-tolerant Northeastern native plants are
preferred. Planting beds may be mulched, but no dyed mulching material
may be used. Street trees required below may be included in this planting
strip. Drip irrigation is recommended.
[2]
Street-side trees. A minimum of one tree must be planted for
each 25 feet of street frontage. The trees may be spaced along the
frontage or grouped or clustered to enhance the visual quality of
the site. (See Design Handbook for examples.) The trees must be a
minimum 2.5-inch caliper and be at least 12 feet high at the time
of planting. Trees must be planted to ensure survival, using silva
cells, bioretention cells or tree wells. A list of street-side trees
can be found in the Design Handbook. Trees native to the Northeast,
selected for climate change tolerance, are preferred and must be drought
and salt tolerant when used along streets. A diversity of tree species
(three to five species per every 12 trees) is required to provide
greater resiliency to threats from introduced insect pests and diseases.
Existing large healthy trees must be preserved if practical and will
count toward this requirement. Trees located within the public right-of-way
must not exceed 20 feet in height at maturity.
[3]
Any required plantings that do not survive must be replaced
within one year. This requirement does not expire and runs with the
land.
(b)
Special situations.
[1]
Expansions of less than 1,000 square feet to existing uses,
including single-family or two-family dwellings, are exempt from the
landscaping standard of this subsection.
[2]
Width of landscape planter strip. In instances where the required
minimum width of the landscape planter strip is legally utilized in
accordance with previous permits or approvals, for parking, display,
storage, building or necessary vehicle circulation, the width may
be narrowed by the Planning Board to the minimum extent necessary
to achieve the objective of the proposed project, provided that shrubs
and perennials are planted along the street frontage to soften the
appearance of the development from the public street.
[3]
Additions and changes in use. For additions to existing buildings
and changes of residential structures to a nonresidential use, one
street-side tree (see list of street trees in Design Handbook) is
required to be planted for every 1,000 square feet of additional gross
floor area added or converted to nonresidential use. In instances
where parking, display area, storage, building or necessary vehicle
circulation exists, the required trees may be clustered and/or relocated
away from the road as is necessary to be practicable. The preservation
of existing large trees is encouraged; therefore, the Planning Board
may permit the preservation of existing healthy, large, mature trees
within the landscape planting strip or other landscaping areas of
the site to be substituted for the planting of new trees.
(c)
Outdoor service and storage areas. Service and storage areas
must be located to the side or rear of the building. All service areas
for dumpsters, compressors, generators and similar items must be screened
by a fence at least six feet tall, constructed of a material similar
to surrounding buildings, and must surround the service area, except
for the necessary ingress/egress.
(d)
Traffic and circulation standards. Sidewalks and roadways must be provided to internally join abutting properties that are determined by the Planning Board using the criteria in Subsection D(2)(b). In addition, safe pedestrian route(s) must be provided to allow pedestrians to move within the site and between the principal customer entrance and the front lot line where a sidewalk exists or will be provided or where the Planning Board determines that such a route is needed for adequate pedestrian safety and movement. (See Design Handbook for appropriate examples.)
(e)
Open space standards. A minimum of 15% of the total area of
a lot must be provided as open space, including freshwater wetlands,
water bodies, streams and setbacks. The open space must be located
to create an attractive environment on the site, minimize environmental
impacts, protect significant natural features or resources on the
site and maintain wildlife habitat. Individual large, healthy trees
and areas with mature tree cover should be included in the open space.
Where possible, the open space must be located to allow the creation
of continuous open space networks in conjunction with existing or
potential open space on adjacent properties. The required amount of
designated open space is reduced to 10% of each lot that is less than
40,000 square feet in size.
[1]
In cases where creating or preserving open space to meet the 15% requirement above is not practicable, the Planning Board may allow the required landscaping in Subsection D4(a) above to count towards meeting the open space requirement, provided the proposed landscaped planting strip is expanded beyond the required width and the Planning Board finds that all criteria for open space above have been met to the greatest extent possible.
(5)
Cottage
cluster requirements.
(a)
Cottage cluster dwelling units must either face the required
common open space or the street. The required open space must be held
in common for use by all the cottage cluster residents and must be
immediately accessible to each dwelling unit, via either the front
or the back of each unit.
(b)
Each cottage cluster dwelling unit must be no greater than 1,200
square feet. Spacing between units must comply with the requirements
of the Fire Department and/or the State Fire Marshall's office.
(c)
Shared parking areas must be connected to each dwelling unit
via a sidewalk.
(6)
Affordable
housing requirements.
E.
Shoreland Overlay Zone OZ-SL — Business — Local Zone
(B-L).
(1)
Permitted uses.
(a)
Accessory buildings, structures, and uses.
(c)
Recreation, public open space.
(d)
Energy storage system, residential.
[Added 4-11-2022]
(e)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(f)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
(2)
Special exception uses.
(a)
Art studio or gallery.
(b)
Retail sales, building materials and garden supply (excluding
those of which the principal activity entails outdoor sales and/or
storage).
(c)
Business services.
(d)
Business and professional offices.
(e)
Commercial fisheries/maritime activities (provided only incidental
cleaning and cooking of seafood occur at the site).
(f)
Parking area.
(g)
Conference center.
(h)
Retail sales, convenience.
(i)
Home occupation, major.
(j)
Home occupation, minor.
(k)
Mass transit station.
(l)
Motel.
(m)
Hotel.
(n)
Inn.
(o)
Rooming house.
(p)
Personal services.
(q)
Public assembly area.
(r)
Theater.
(s)
Public utility facility.
(t)
Restaurant.
(u)
Retail sales, but (excluding those of which the principal activity
entails outdoor sales and/or storage).
(v)
Commercial school.
(w)
Public or private school.
(x)
Nursery school.
(y)
Day-care facility.
(z)
Elder care facility.
(aa)
Hospital.
(bb)
Nursing care facility, long-term.
(cc)
Convalescent care facility.
(dd)
Public facility.
(ee)
Religious use.
(ff)
Private assembly.
(gg)
Specialty food and/or beverage facility.
A.
Purpose. The purpose of the Business - Local 1 B-L1 Zone is to encourage
a compact village design pattern that will serve as a focal point
for the provision of local sales, urban residences, services and business
space. The goal of this section is to create an attractive, functional
and vibrant pedestrian-scaled neighborhood supporting a mix of commercial
and residential uses.
[Amended 4-11-2022; 9-12-2022; 11-27-2023]
B.
Permitted uses. The following uses are permitted in the B-L1 Zone:
(1)
Accessory dwelling unit.
(2)
Dwelling, multifamily, 2-4 "limited."
(3)
Dwelling, manufactured housing.
(5)
Dwelling, single-family.
(6)
(Reserved)
(7)
Dwelling units as part of a mixed-use building.
(8)
Convalescent care facility.
(9)
Nursing care facility, long-term.
(10)
Residential care facility.
(11)
Accessory buildings, structures, and uses.
(12)
Home occupation, major.
(13)
Home occupation, minor.
(14)
Inn.
(15)
Day-care facility.
(16)
Hospital.
(17)
Nursery school.
(18)
Private assembly.
(19)
Public facility.
(20)
Public or private school.
(21)
Religious use.
(22)
Recreation, public open space.
(23)
Commercial school.
(24)
Art studio or gallery.
(25)
Business and professional offices.
(26)
Business services.
(27)
Conference center.
(28)
Personal services.
(29)
Restaurant.
(30)
Retail sales (excluding those of which the principal activity entails outdoor sales and/or storage and excluding those specifically mentioned under Subsection C of this section).
(31)
Retail sales, building materials and garden supply (excluding
those of which the principal activity entails outdoor sales and/or
storage).
(32)
Retail sales, convenience.
(33)
Specialty food and/or beverage facility.
(34)
Mass transit station.
(35)
Parking area.
(36)
Energy storage system, commercial.
(37)
Energy storage system, residential.
(38)
Solar energy system, building-integrated and roof-mounted.
(39)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
C.
Special exception uses. The following uses are permitted as special
exception uses in the B-L1 Zone:
D.
Standards. All development and the use of land in the B-L1 Zone must meet the following standards. Kittery's Design Handbook illustrates how these standards can be met. In addition, the design and performance standards of Chapter 16.5 must be met.
[Amended 9-12-2022]
(1)
The following space and dimensional standards apply:
(a)
Minimum lot area per dwelling unit:
[Amended 11-27-2023; 5-13-2024]
[1]
When no frontage on State Road or Shapleigh Road: 2,500 square
feet.
[2]
When less than five dwelling units are proposed, at minimum,
one nonresidential use must be located on the first floor facing State
Road or Shapleigh Road such that the use will be visible from the
street: 2,500 square feet. Such a nonresidential use or uses need
not occupy the entire first floor but must be an independent nonresidential
use, e.g., not a home office marketed with a dwelling unit as a work/live
unit.
[3]
When five or more dwelling units are proposed, at minimum, one
nonresidential use must be located on the first floor facing State
Road or Shapleigh Road such that the use will be visible from the
street: 2,000 square feet. Such a nonresidential use or uses need
not occupy the entire first floor but must be an independent nonresidential
use, e.g., not a home office marketed with a dwelling unit as a work/live
unit.
[4]
When 25% or more of the dwelling units will be affordable housing
units as defined by this code, the minimum lot area per dwelling unit
is 1,500 square feet.
[5]
When 50% or more of the dwelling units will be affordable housing
units as defined by this code, the minimum lot area per dwelling unit
is 1,000 square feet.
(b)
Minimum lot size: none.
(Note: Except that all screening, open space, buffering and
landscaping requirements must be met; or in instances where the Planning
Board may approve modifications to such requirements, such modifications
must be found satisfactory by the Board.
(c)
Minimum street frontage per lot: 50 feet.
(d)
Maximum front setback: 20 feet.
(Note: This area must be designed to promote a pedestrian public
space, which includes, but is not limited to, landscaping, sidewalks
and sitting areas. The Planning Board may, at its discretion, allow
a greater setback when public amenities such as pocket parks, outdoor
dining or seating areas are proposed within the front setback. Pocket
parks must be at least 200 square feet with a minimum of three trees
and a bench for sitting required. Park must be vegetated with ground
cover, except for walkways. Outdoor dining areas must meet any additional
requirements specific to that use. Outdoor storage is prohibited anywhere
in the front yard of the structure, except for seasonal sales items.
Parking is also prohibited in the front setback, except as allowed
in Subsection D(2)(e) below.
(e)
Minimum rear and side setbacks: 10 feet.
(Note: Except as otherwise required by the buffer provisions
of this title, and except where the side and/or rear setbacks abut
a residential zone or single-family use; in which case a minimum of
15 feet or 50% of the building height, whichever is greater, is required.)
(f)
Maximum building height: 40 feet. Solar apparatus is excluded
from height determinations.
(g)
The maximum impervious surface is:
[1]
Seventy percent; or
[2]
The Planning Board may, at its
discretion, allow greater than 70% if:
[i]
Additional landscaped or natural areas are proposed or preserved and such areas are integrated into the site design in an environmentally conscious way utilizing LID to provide stormwater filtration and/or water quality improvements. Such areas must exceed the requirement that 15% of the lot be landscaped or natural. See Subsection D(4), Landscaping/Site improvements. When granting such a concession, the Board must find that the proposed additional landscaping and/or natural areas and the site design provide enough benefit to outweigh the impact of greater impervious surface; or
(h)
Stormwater. All new development must use LID (low-impact development)
and BMP (best management practices), based on Maine DEP's Maine Stormwater
Best Management Practices Manual Volumes I through III, as amended
from time to time, to manage 100% of the total stormwater generated
on-site. The stormwater report and plan demonstrating that this requirement
is met must be included with the application at the time of submission.
A request for a modification may be submitted to the Planning Board,
but it is incumbent on the applicant to prove to the Planning Board's
satisfaction that such a modification is necessary. The Town reserves
the right to submit such modification requests for independent engineering
review at the applicant's expense. The Board may also require additional
landscaping/plannings and/or LID features when granting such concessions.
(i)
Minimum area dedicated to landscaped or natural areas: 15%.
[1]
For the purposes of this zone, a natural area is an area that
is not regularly mowed, and contains trees and/or shrubs which may
not have been deliberately planted. Invasive plants, as defined by
the State of Maine, must be removed.
[2]
For multifamily dwelling, mixed-use buildings with dwelling
units and attached single-family dwellings, in cases where the property
cannot meet the 15% requirement due to existing development (including
parking areas), and where redevelopment will remain at the same or
a lower percentage of the lot, the Planning Board may, at its discretion,
allow a smaller percentage of landscaped and/or natural area. In granting
this concession, the Board may require more intensive landscape plantings
and/or LID-designed features.
(j)
Hours of operation must be noted on the final site plan and
are determined by the Planning Board on a case-by-case basis. All
lighting other than designated security lighting must be extinguished
outside of noted hours of operation.
(k)
Minimum setback for functionally water-dependent uses: zero
feet.
(2)
Parking. Parking requirements are to be met on-site. If meeting the parking requirements is not possible, the parking demand may be satisfied off-site or through joint-use agreements as specified in § 16.4.17D(1)(c) through (e) under the B-L Zone. Notwithstanding the off-street parking requirements in § 16.7.11F(4), minimum parking requirements for the uses below are modified as specified:
[Amended 11-27-2023]
(a)
Dwelling units: 1.5 parking spaces per dwelling unit; unless:
[1]
Affordable housing as defined by this code is proposed, in which
case the parking requirements may be reduced to a minimum of 1/2 space
per dwelling unit at the Planning Board's discretion; and/or
[2]
Housing is proposed within 1/4 mile of a public transit stop,
in which case the parking requirements may be reduced to a minimum
of 1/2 space per dwelling unit at the Planning Board's discretion;
and/or
[3]
Some or all of the proposed dwelling units are one-bedroom or
studio-type units, in which case parking requirements for these types
of units are reduced to one parking space for each unit so described.
[4]
More than 50% of the dwelling units proposed will be affordable
as defined by this code, in which case parking is reduced to two spaces
per three dwelling units.
(b)
For multifamily dwellings, if more than 10 parking spaces are required, up to 20% of the parking may be designated for compact cars. See § 16.7.11F(4), Off-street parking standards.
(c)
Electric car charging stations are allowed and encouraged in
parking lots but must not interfere with pedestrian movement on sidewalks.
(3)
Building design standards. Kittery's characteristic buildings
reflect its historic seacoast past. The primary architectural styles
are New England Colonial (such as Cape Cod and saltbox), Georgian,
Federal and Classical Revival. New buildings must be compatible with
Kittery's characteristic styles in form, scale, material and color.
In general, buildings should be oriented to the street with the front
of the building facing the street from which the building derives
its street frontage. Architectural design and structure location must
reinforce the human scale and pedestrian nature of the neighborhood
by using orientation and building massing, exterior building materials,
and roofing as set forth below. The front or street facade must be
designed as the front of the building. The front elevation must contain
one or more of the following elements: 1) a "front door," although
other provisions for access to the building may be provided; 2) windows;
or 3) display cases. (See Design Handbook for examples of acceptable
materials and designs.) Main entries should be clearly visible from
the street and provide adequate cover from the weather. Strict imitation
is not required. Design techniques can be used to maintain compatibility
with characteristic styles and still leave enough flexibility for
architectural variety. To achieve this purpose, the following design
standards apply to new and modified existing building projects:
(a)
Exterior building materials and details. Building materials
and details strongly define a project's architectural style and overall
character. (See Design Handbook for examples of acceptable materials,
building scale, and designs.) "One-sided" schemes are prohibited;
similar materials and details must be used on all sides of a building
to achieve continuity and completeness of design. Predominant exterior
building materials must be of good quality and characteristic of Kittery,
such as horizontal wood board siding, vertical wood boards, wood shakes,
brick, stone or simulated stone, glass and vinyl, or metal clapboard.
(b)
Roofs. Roof styles such as gabled, gambrel and hipped roofs
are preferred. Shed roofs and roof facades (such as "stuck on" mansards)
are not acceptable as prominent roof forms unless demonstrated to
the Planning Board's satisfaction that another design is not practicable.
Roof colors must be muted. (See Design Handbook for examples.) Flat
roofs proposed to locate heating, cooling, or other such mechanical
or electrical apparatus off the ground are acceptable, provided that
such apparatus are screened from view and the screening is designed
as an integral part of the building to aid both aesthetics and noise
attenuation. Flat roofs proposed for the purpose of solar array installations
are also acceptable.
(c)
Loading docks and overhead doors. Loading docks and overhead
doors must be located on the side or rear of the building and must
be screened from view from adjacent properties in residential use.
(d)
Lighting plans, including outdoor lighting fixture designs and
photometric plans, must be included at the time of application submission.
All lighting fixtures must be cutoff (dark sky compliant).
(4)
Landscaping/site improvements. A landscape plan prepared by a registered landscape architect is a submission requirement. However, a landscape plan done by other design professionals may be allowed at the Planning Board's discretion. Climate-change-tolerant Northeastern native plants are preferred. To achieve attractive and environmentally sound site design, in addition to the landscaping standards contained in Chapter 16.5, the following landscaping requirements apply to new and modified existing developments:
(a)
Fifteen percent of site area must be landscaped and/or in a
natural state as described in Subsection D(1)(j)[1], unless otherwise
provided above;
(b)
Outdoor spaces must be created to reinforce commercial and community
activities and pedestrian-friendly access. Outdoor spaces are encouraged
throughout the site, especially in those areas to the front and sides
of buildings when viewed from the sidewalk and street. Architectural
features such as decorative pavers, planters and seating areas, as
well as outdoor dining, where applicable, are encouraged in the creation
of these spaces;
(c)
The setback between the street and any buildings must be attractively
landscaped using trees, shrubs, perennials, ornamental grasses, fencing
or stone walls to reinforce the site's unique character and building
design and complement the public use of the space;
(d)
Required setbacks that function as buffers between commercial
and residential zones/single-family uses must be landscaped at minimum
with a combination of trees and shrubs in a planting bed at least
six feet wide. Planting beds may be mulched, but no dyed mulching
material may be used;
(e)
Provide street trees in a pattern reflecting the existing streetscape.
For new buildings, a minimum of one street tree must be planted for
each 25 feet of street frontage. The trees may be spaced along the
frontage or grouped or clustered to enhance the visual quality of
the site. (See Design Handbook for examples.) The trees must be a
minimum 2.5-inch caliper and be at least 12 feet high at the time
of planting. A list of approved street trees may be found in the Design
Handbook. Trees native to the Northeast, selected for climate change
tolerance, are preferred and must be drought and salt tolerant when
used along streets. A diversity of tree species (three to five species
per every 12 trees) is required to provide greater resiliency to threats
from introduced insect pests and diseases. Trees located within the
public right-of-way must not exceed 20 feet at maturity. Existing
large healthy trees must be preserved if practical and will count
toward this requirement.
(f)
For additions to existing buildings and changes of residential
structures to a nonresidential use, one street-side tree (see list
of street trees in Design Handbook) is required to be planted for
every 1,000 square feet of additional gross floor area added or converted
to nonresidential use. In instances where parking, display area, storage,
building or necessary vehicle circulation exists at the time of enactment
of this section, the required trees may be clustered and/or relocated
away from the road as is necessary to be practicable. The preservation
of existing large trees is encouraged; therefore, the Planning Board
may permit the preservation of existing healthy, large, mature trees
within developed areas of the site to be substituted for the planting
of new trees;
(g)
Service and storage areas must be located to the rear of the
building. All service areas for dumpsters, compressors, generators
and similar items must be screened by a fence at least six feet tall,
constructed of a material similar to surrounding buildings, and must
surround the service area, except for the necessary ingress/egress.
(h)
No storage may be in front of buildings, except seasonal sales
items;
(i)
Lighting, including lighting fixture designs and photometric
plans, and landscape plans must be provided and approved as a part
of final plan;
(j)
Lighting along the street must be of a pedestrian scale using
a full cutoff fixture in an architectural style appropriate to the
neighborhood;
(k)
Any required plantings that do not survive must be replaced
within one year. This requirement does not expire and runs with the
land.
(5)
Traffic and circulation standards. Sidewalks and roadways must be provided to internally join abutting properties that are determined by the Planning Board using the criteria in Subsection D(2)(b). In addition, safe pedestrian route(s) must be provided to allow pedestrians to move within the site and between the principal customer entrance and the front lot line where a sidewalk exists or will be provided or where the Planning Board determines that such a route is needed for adequate pedestrian safety and movement. (See Design Handbook for appropriate examples.)
(6)
Cottage cluster requirements.
(a)
Cottage cluster dwelling units must either face the required
common open space or the street. The required open space must be held
in common for use by all the cottage cluster residents and must be
immediately accessible to each dwelling unit, via either the front
or the back of each unit.
(b)
Each cottage cluster dwelling unit must be no greater than 1,200
square feet. Spacing between units must comply with the requirements
of the Fire Department and/or the State Fire Marshall's office.
(c)
Shared parking areas must be connected to each dwelling unit
via a sidewalk.
(7)
Affordable
housing requirements.
(b)
Density incentives outlined above in Subsection D(1)(a)[4] may be applied to projects that create affordable housing units, as defined by this code. No proportional payment-in-lieu is required if the affordable dwelling unit requirements for the density incentives are met.
E.
Shoreland Overlay Zone OZ-SL — Business Local Zone (B-L1).
(1)
Permitted uses.
(a)
Accessory uses and building.
(b)
Aquaculture.
(c)
Recreation, public open space.
(d)
Energy storage system, residential.
[Added 4-11-2022]
(e)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(f)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
(2)
Special exception uses.
(a)
Art studio or gallery.
(b)
Business and professional offices.
(c)
Business services.
(d)
Retail sales, building materials and garden supply (excluding
those of which the principal activity entails outdoor sales and/or
storage).
(e)
Conference center.
(f)
Retail sales, convenience.
(g)
Commercial fisheries/maritime activities (provided only incidental
cleaning and cooking of seafood occur at the site).
(h)
Parking area.
(i)
Dwelling, manufactured housing.
(j)
Dwelling, single-family.
(k)
Dwelling, two-family.
(l)
Farmers' market.
(m)
Funeral home.
(n)
Home occupation, major.
(o)
Home occupation, minor.
(p)
Inn.
(q)
Mass transit station.
(r)
Motel.
(s)
Hotel.
(t)
Inn.
(u)
Rooming house.
(v)
Personal service.
(w)
Public assembly area.
(x)
Theater.
(y)
Public utility facility.
(z)
Restaurant.
(aa)
Retail sales (excluding those of which the principal activity
entails outdoor sales and/or storage).
(bb)
Specialty food and/or beverage facility.
A.
Purpose.
(1)
The C-1 (Route 1 Commercial) Zone proposes to add a range of
uses and building types, including residential, to a vehicle-dependent
predominately retail-oriented shopping area with proximity to several
small neighborhoods. The presence of significant existing infrastructure
and the opportunity to redevelop under-utilized properties for a diversity
of housing types, restaurants, services and shops with increased pedestrian
access will allow the Town to advance Comprehensive Plan housing and
economic development goals and meet the needs of residents into the
future.
(2)
To reflect the differing character of various parts of the commercial
areas, it is divided into three zones that are shown on the Zoning
Map:
|
C-1
|
Route 1 Commercial Zone.
|
|
C-2
|
Route 236 Commercial Zone.
|
|
C-3
|
Bypass/Old Post Road Commercial Zone.
|
(3)
Where the standards or requirements for the zones vary, the
provisions for the zone in which the parcel is located apply.
B.
Permitted uses. The following uses are permitted in the C-1 Zone:
(1)
Accessory dwelling unit.
(2)
Convalescent care facility.
(3)
Dwelling, two-family.
(4)
Nursing care facility, long-term.
(5)
Accessory buildings, structures, and uses.
(6)
Home occupation, major.
(7)
Home occupation, minor.
(8)
Hotel.
(9)
Inn.
(10)
Motel.
(11)
Rooming house.
(12)
Day-care facility.
(13)
Hospital.
(14)
Nursery school.
(15)
Private assembly.
(16)
Public facility.
(17)
Public or private school.
(18)
Public utility facility.
(19)
Religious use.
(20)
Recreation, commercial indoor.
(21)
Recreation, commercial outdoor.
(22)
Recreation, public open space.
(23)
Recreation, public facility.
(24)
Commercial school.
(25)
Veterinary hospital.
(26)
Art studio or gallery.
(27)
Business and professional offices.
(28)
Business services.
(29)
Conference center.
(30)
Personal services.
(31)
Repair services.
(32)
Restaurant.
(33)
Retail sales.
(34)
Retail sales, building materials and garden supply.
(35)
Retail sales, convenience.
(36)
Specialty food and/or beverage facility.
(37)
Mass transit station.
(38)
Parking area.
(39)
Wholesale businesses.
(40)
Energy storage system, commercial.
[Added 4-11-2022]
(41)
Energy storage system, residential.
[Added 4-11-2022]
(42)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(43)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
C.
Special exception uses. The following uses are permitted as special
exception uses in the C-1 Zone:
(1)
Aquaculture.
(2)
Buildings and structures over 40 feet that conform to the provisions of Chapters 16.7 and 16.8. Buildings and structures, other than multifamily dwelling units as part of a mixed-use building in the C-1 Zone, west of Route 1, which are taller as allowed in § 16.4.19E(2)(e) higher than 40 actual feet from the lowest point of grade to the highest point of the building or structure must have side, rear and front yards of sufficient depth to adequately protect the health, safety and welfare of abutting properties and which may not be less than current standards or 50% of actual height, whichever is greater.
(3)
Cottage cluster.
(4)
Dwelling, attached single-family.
(5)
Dwelling, multifamily.
(6)
Dwelling units as part of a mixed-use building.
(7)
Funeral home.
(8)
Gasoline service station.
(9)
Industry, light.
(10)
Mechanical services.
(11)
Mini Sstorage not located within 2,000 feet from an existing
mini storage facility located in the same zoning district.
(12)
Public assembly area.
(13)
Theater.
(14)
Repair garage.
(15)
Research and development.
(16)
Transportation terminal.
(17)
Warehousing and storage.
(18)
Marijuana business, except a marijuana cultivation facility.
(19)
Energy storage system, dedicated-use building.
[Added 4-11-2022]
(20)
Solar energy system, ground-mounted large-scale (above 20,000
square feet).
[Added 4-11-2022]
E.
Standards.
(2)
The following space standards apply in the C-1 Zones:
(a)
Minimum lot size or density:
[Amended 11-27-2023; 5-13-2024]
|
C-1 Zone
| |
|---|---|
|
Cottage cluster
Dwelling, attached single-family
Dwelling, multifamily
Dwelling, two-family
Dwelling units as part of a mixed-use building
|
16 units per acre unless 25% of units are affordable housing
units as defined by this Code, in which case 20 units per acre allowed*
40 units per acre when over 50% of the units are affordable
housing units as defined by this code*
|
|
All other uses
|
40,000 square feet
|
|
NOTES:
|
|
* These uses are exempt from net residential acreage calculations
but are subject to minimum lot area per dwelling unit requirement
as described in § 16.5.18D, Exemptions to net residential
acreage calculations.
|
(b)
Minimum street frontage:
|
C-1 Zone
| |
|---|---|
|
All uses
|
No minimum*
|
|
NOTES:
|
|
* All lots must meet the requirements of § 16.5.14 unless specifically modified by this section (§ 16.4.19). Street frontage must provide sufficient vehicular and pedestrian access for the uses proposed while meeting public health and safety requirements (e.g., Fire Department, Department of Public Works). The applicant must demonstrate to the municipal permitting authority, that the street frontage and lot design meet these requirements to the extent practicable.
|
(c)
Maximum front setback:
|
C-1 Zone
| |
|---|---|
|
All uses
|
15 feet*
|
|
NOTES:
|
|
* The Planning Board may, at its discretion, allow a greater
setback when public amenities such as benches, pocket parks, outdoor
dining or seating areas are proposed. Properties in the C-3 Zone with
frontage on Old Post Road, including those lots which also have frontage
on Route 1 Bypass, are required to have at least a fifteen-foot setback
on Old Post Road.
|
(d)
Minimum rear and side setbacks:
|
C-1 Zone
| |
|---|---|
|
All uses
|
10 feet*
|
|
NOTES:
|
|
* Except where side and/or rear setback of proposed new uses abut a single-family use and/or any properties located on the east side of Route 1 from the southernmost extent of the C-1 Zone north to properties abutting Ox Point Drive in which case a minimum of 40 feet is required. See § 16.4.19E(4)e for buffer requirements.
|
(e)
Maximum building height:
|
C-1 Zone
| |
|---|---|
|
Dwelling, multifamily; Dwelling units as part of a mixed-use
building
|
50 feet on the west side of Route 1, not including solar apparatus*
and 40 feet on the east side of Route 1, not including solar apparatus*
|
|
All other uses
|
40 feet
|
|
NOTES:
|
|
* Flat roofs, proposed to locate heating, cooling, or other
such mechanical or electrical apparatus off the ground, are acceptable
provided that such apparatus is screened from view and the screening
is designed as an integral part of the building to aid both aesthetics
and noise attenuation. Flat roofs proposed for the purpose of solar
array installations are also acceptable.
|
(f)
Impervious surface:
[1]
For lots in the C-1 and C-3 Zones which are currently developed
and for which new multifamily, attached single-family or two-family
dwellings, cottage clusters, or dwelling units as part of mixed-use
building are proposed, either with or without existing or new commercial
uses on the same lot, the maximum impervious surface, including but
not limited to driveways, buildings, sidewalks and parking areas:
[a]
Is 70%; or
[b]
The Planning Board may, at its discretion, allow
greater than 70% if proof that all stormwater will be managed on-site,
utilizing LID (low-impact development) and BMP (best management practice)
systems based on Maine DEP's Maine Stormwater Best Management Practices
Manual, Volumes I through III as amended from time to time. The stormwater
report and plan demonstrating that this requirement is met must be
included with the application at the time of submission.
[2]
For lots in the C-3 Zone which are currently vacant (no existing
structure) and for which new multifamily, attached single-family,
or two-family dwellings, cottage clusters, or dwelling units as part
of mixes-use building are proposed, the maximum impervious surface,
including driveways, buildings, sidewalks and parking areas:
[a]
Is 60%; or
[b]
The Planning Board may, at its discretion, allow
greater than 60% if proof that all stormwater will be managed on-site
utilizing LID (low-impact development) and BMP (best management practice)
systems based on Maine DEP's Maine Stormwater Best Management Practices
Manual, Volumes I through III as amended from time to time. The stormwater
report and plan demonstrating that this requirement is met must be
included with the application at the time of submission.
[3]
For lots in the C-1 or C-3 Zones which are currently developed
and for which redevelopment is proposed with new nonresidential structures,
the maximum impervious surface, including but not limited to driveways,
buildings, sidewalks and parking areas:
[a]
Is 70%; and all stormwater must be managed on-site,
utilizing LID (low-impact development) and BMP (best management practice)
systems based on Maine DEP's Maine Stormwater Best Management Practices
Manual, Volumes I through III as amended from time to time. The stormwater
report and plan demonstrating that this requirement is met must be
included with the application at the time of submission.
[4]
For all uses in the C-2 Zone, building and outdoor material
coverage must not exceed 40%.
(g)
Minimum water body setback for functionally water-dependent
uses: zero feet.
(h)
Minimum setback from streams, water bodies and wetlands: in accordance with Table 16.5.30, § 16.4.28 and Appendix A, Fee Schedules.
(i)
Gasoline sales i) not located within 1,000 feet of an existing
station or private residence; and ii) not located within 150 feet
of an existing structure.
(j)
Repair garages must not be located within 150 feet of a private
dwelling or existing structure.
(k)
Affordable housing requirements:
(l)
Mixed-use buildings must have nonresidential uses comprising
at least 50% of the street-facing first floor.
(m)
Underground utilities are required. The Planning Board may allow
an alternative but it is incumbent upon the applicant to demonstrate
why such a modification request should be granted.
(n)
Cottage cluster requirements:
[1]
Cottage cluster dwelling units must either face the required
common open space or the street. The required open space must be held
in common for use by all the cottage cluster residents and must be
immediately accessible to each dwelling unit, via either the front
or the back of each unit.
[2]
Each cottage cluster dwelling unit must be no greater than 1,200
square feet. Spacing between units must comply with the requirements
of the Fire Department and/or the State Fire Marshal's office.
[3]
Shared parking areas must be connected to each dwelling unit
via a sidewalk
(3)
C-1 Zone standards. All development and the use of land except
for new multifamily, attached single-family or two-family dwellings,
cottage clusters, or dwelling units as part of a mixed-use building
within the C-1 Zone must meet the following standards:
(a)
Parking.
[1]
All new or revised parking must be visually screened by landscaping,
earthen berms and/or fencing from adjacent public streets or residential
properties. (See the Design Handbook for appropriate examples.)
[2]
Each parking space is to contain a rectangular area at least
19 feet long and nine feet wide. Lines demarcating parking spaces
may be drawn at various angles in relation to curbs or aisles, so
long as the parking spaces so created contain within them the rectangular
area required by this section. This is exclusive of drives or aisles
giving access thereto, accessible from streets or aisles leading to
streets, and usable for the storage or parking of passenger vehicles.
Parking spaces or access thereto must be constructed as to be usable
year-round.
(b)
Building design standards. Kittery's characteristic buildings
reflect its historic seacoast past. The primary architectural styles
are New England Colonial (such as Cape Cod and saltbox), Georgian,
Federal and Classical Revival. New buildings must be compatible with
Kittery's characteristic styles in form, scale, material and color.
In general, buildings should be oriented to the street with the front
of the building facing the street. The front or street facade must
be designed as the front of the building. The front elevation must
contain one or more of the following elements: 1) a "front door,"
although other provisions for access to the building may be provided;
2) windows; or 3) display cases. (See Design Handbook for examples
of acceptable materials and designs.) Strict imitation is not required.
Design techniques can be used to maintain compatibility with characteristic
styles and still leave enough flexibility for architectural variety.
To achieve this purpose, the following design standards apply to new
and modified existing building projects:
[1]
Exterior building materials and details. Building materials
and details strongly define a project's architectural style and overall
character. (See Design Handbook for examples of acceptable materials,
building scale, and designs.) "One-sided" schemes are prohibited;
similar materials and details must be used on all sides of a building
to achieve continuity and completeness of design. Predominant exterior
building materials must be of good quality and characteristic of Kittery,
such as horizontal wood board siding, vertical wood boards, wood shakes,
brick, stone or simulated stone, glass and vinyl, or metal clapboard.
[2]
Roofs. A building's prominent roofs must be pitched a minimum
of 4:12 unless demonstrated to the Planning Board's satisfaction that
this is not practicable. Acceptable roof styles are gabled, gambrel
and hipped roofs. Flat roofs, shed roofs and roof facades (such as
"stuck on" mansards) are not acceptable as prominent roof forms except
as provided above. The roof design must screen or camouflage rooftop
protrusions to minimize the visual impact of air-conditioning units,
air handler units, exhaust vents, transformer boxes, and the like.
(See Design Handbook for examples of appropriate treatments.)
[3]
Loading docks and overhead doors. Loading docks and overhead
doors must be located on the side or rear of the building and screened
from view from adjacent properties in residential use.
(c)
Landscaping site improvements. To achieve attractive and environmentally sound site design and appropriate screening of parking areas, in addition to the landscaping standards contained in Chapter 16.8 the following landscaping requirements apply to new and modified existing developments:
[1]
Landscape planter strip. A vegetated landscape planter strip
must be provided a minimum of 30 feet in depth adjacent to the right-of-way
of all public roads and include the following landscape elements:
[2]
Ground cover. The entire landscape planter strip must be vegetated
except for approved driveways, walkways, bikeways and screened utility
equipment.
[3]
Street-side trees. A minimum of one street tree must be planted
for each 25 feet of street frontage. The trees may be spaced along
the frontage or grouped or clustered to enhance the visual quality
of the site. (See Design Handbook for examples.) The trees must be
a minimum two-and-one-half-inch caliper and be at least 12 feet high
at the time of planting. The species should be selected from the list
of recommended street trees in the Design Handbook. Existing large
healthy trees must be preserved if practical and will count toward
this requirement.
[4]
Planter strip. Shrubs and flowering perennials must be planted
at a minimum of 10 plants per 40 linear feet of street frontage unless
existing woodlands are being retained or such planting is inconsistent
with the retention of rural landscape features. The plant material
should be selected from the list of recommended materials in the Design
Handbook. The plants must be placed within the planter strip to enhance
the visual character of the site and augment natural features and
vegetation. (See Design Handbook for examples of appropriate treatments.)
[5]
Special situations.
[a]
Expansions of less than 2,000 square feet to existing
uses are exempt from the landscaping standard of this subsection.
[b]
Depth of landscape planter strip. In instances
where the required minimum depth of the landscape planter strip is
legally utilized, in accordance with previous permits or approvals,
for parking, display, storage, building or necessary vehicle circulation,
the depth may be narrowed by the Planning Board to the minimum extent
necessary to achieve the objective of the proposed project, provided
the required shrubs and perennials are planted along the street frontage
to soften the appearance of the development from the public street.
If providing the required landscape planter strip together with other
required landscaping and required vegetated areas in and around wetlands
would cause the project to exceed the required open space standards,
the depth of the landscape planter strip and the front yard may be
reduced by the Planning Board so the open space standards are not
exceeded, but in no case to less than 20 feet for this reason.
[c]
Additions and changes in use. For additions to
existing buildings and changes of residential structures to a nonresidential
use, one street-side tree (see list of recommended street trees in
Design Handbook) is required to be planted for every 1,000 square
feet of additional gross floor area added or converted to nonresidential
use. In instances where parking, display area, storage, building or
necessary vehicle circulation exists at the time of enactment of this
section, the required trees may be clustered and/or relocated away
from the road as is necessary to be practicable. The preservation
of existing large trees is encouraged; therefore, the Planning Board
may permit the preservation of existing healthy, large, mature trees
within the landscape planter strip or other developed areas of the
site to be substituted for the planting of new trees.
[d]
Residences. Residential additions to existing single-
and two-family dwellings and proposed single- and duplex-family dwellings
are exempt from the landscaping standards of this subsection.
[6]
Outdoor service and storage areas. Service and storage areas
must be located to the side or rear of the building. Facilities for
waste storage such as dumpsters must be located within an enclosure
and be visually buffered by fencing, landscaping and/or other treatments.
(See Design Handbook for examples of appropriate buffering.)
(d)
Traffic and circulation standards.
[1]
Sidewalks and roadways must be provided within the site to internally
join abutting properties that are determined by the Planning Board
to be compatible. In addition, safe pedestrian route(s) must be provided
to allow pedestrians to move within the site and between the principal
customer entrance and the front lot line where a sidewalk exists or
will be provided or where the Planning Board determines that such
a route is needed for adequate pedestrian safety and movement. (See
Design Handbook for appropriate examples.)
(e)
Open space standards.
[1]
Open space must be provided as a percentage of the total area
of the lot, including freshwater wetlands, water bodies, streams and
setbacks. Twenty-five percent of each lot must be designated as open
space. Required open space must be shown on the plan with a note dedicating
it as "open space." The open space must be located to create an attractive
environment on the site, minimize environmental impacts, protect significant
natural features or resources on the site, and maintain wildlife habitat.
Individual large, healthy trees and areas with mature tree cover should
be included in the open space. Where possible, the open space must
be located to allow the creation of continuous open space networks
in conjunction with existing or potential open space on adjacent properties.
The required amount of designated open space is reduced to 15% of
each lot that is less than 100,000 square feet in size.
[2]
Minimum land area per unit for elder-care facilities that are
connected to the public sewerage system:
[a]
Dwelling unit with two or more bedrooms: 3,000
square feet.
[b]
Dwelling unit with less than two bedrooms: 2,000
square feet.
[c]
Residential care unit: 1,500 square feet.
[d]
Minimum land area per bed for nursing care and
convalescent care facilities that are connected to the public sewerage
system: 1,200 square feet.
(4)
C-1 and C-3 Zone standards for attached single-family dwellings,
multifamily dwellings, two- family dwellings where more than one two-family
dwelling is proposed for a single lot, cottage clusters, and dwelling
units as part of a mixed-use building:
(a)
Design standards. See Kittery's Design Handbook for further
information on how these standards can be met.
[1]
Sidewalks must be installed within the right-of-way to meet minimum requirements as specified in § 16.5.27, subject to review and approval by the Department of Public Works and MaineDOT if required.
[2]
Connectivity between new housing development and adjacent existing
or new commercial areas is required. This connectivity must, at minimum,
include sidewalks or walkways. In the C-1 Zone, connectivity may also
include vehicular access coupled with sidewalks or walkways between
residential and commercial areas. Connectivity must be pedestrian-friendly
with appropriately scaled improvements such as eight-foot-wide sidewalks
and human-scaled lighting.
[3]
On-street parking is encouraged on new or existing private roads
off Route 1, and may be considered as a part of a joint use parking
plan when such on-street parking is proposed as part of a development
or redevelopment plan.
[4]
All service areas for dumpsters, compressors, generators and
similar items must be screened by a fence at least six feet tall,
constructed of a material similar to surrounding buildings, and must
surround the service area except for the necessary ingress/egress.
[5]
Parking must be located behind multifamily dwellings and mixed-use
buildings with residential dwelling units when viewed from the street.
The Planning Board may allow parking to the side or front of such
residential or mixed-use buildings at its discretion, but it is incumbent
upon the applicant to demonstrate why rear parking is not feasible.
[6]
Lighting plans, including lighting fixture designs and photometric
plans must be included at the time of application submission. All
fixtures must be cut off to prevent light trespass and meet all requirements
of § 16.7.11.H.
[7]
A single new two-family dwelling proposed for a lot, the addition
of another dwelling unit to an existing single-family residence to
create a two-family dwelling and the addition of an ADU (accessory
dwelling unit) to a single-family residence is exempt from these design
standards.
(b)
Open space standards.
[1]
Open space must be provided as a percentage of the total area
of the lot, and may include wetlands, water bodies, streams, and setbacks.
Fifteen percent of each lot must be designated as open space.
[2]
For multifamily dwellings, mixed-use buildings with residential
dwelling units and attached single-family dwellings, in cases where
the property does not meet the 15% requirement due to existing development,
and where redevelopment will remain at the same or comprise a lower
percentage of the lot, the Planning Board may, at its discretion,
allow a smaller percentage of open space. In granting this concession,
the Board may require more intensive landscape plantings.
(c)
Parking standards. The following minimum off-street parking
requirements must be provided and maintained in case of new construction,
alterations, and changes of use:
[1]
Parking requirements must be met on site unless an existing building covers so much of the lot as to make the provision of parking impractical in whole or in part. If meeting the parking requirements is not practical, then the parking demand may be satisfied off site or through joint-use agreements as specified herein. Notwithstanding the off-street parking requirements in § 16.7.11F, minimum parking requirements for the uses below are modified as specified:
[a]
Dwelling units: one parking space per dwelling
unit.
[b]
For multifamily dwellings, if more than 10 parking spaces are required, up to 20% of the parking may be designated for compact cars. See § 16.7.11F, Off-street parking standards.
[c]
When more than 50% of the dwelling units proposed
are affordable as defined by this code, two parking spaces for every
three dwelling units.
[Added 11-27-2023]
[2]
Off-site parking. Required off-street parking may be satisfied
at off-site locations, provided such parking is on other property
owned by the applicant or is under the terms of a contractual agreement
that will ensure such parking remains available for the uses served.
Applicant must present evidence of a parking location and a contractual
agreement.
[3]
Joint-use parking. Required off-street parking may also be satisfied
by the joint use of parking space by two or more uses if the applicant
can show that parking demand is nonconflicting and will reasonably
provide adequate parking for the multiple uses without parking overflowing
into undesignated areas. Nonconflicting periods may consist of daytime
as opposed to evening hours of operation or weekday as opposed to
weekends or seasonal variation in parking demand.
[a]
Such joint parking areas must be held under ownership
of the applicant or under terms of a contractual agreement that ensures
such parking remains available to all users of the shared parking
spaces;
[b]
Determination of parking adequacy will be based
on a most frequent basis, not a "worst case" scenario;
[c]
Joint-use parking areas must be located within
1,500 feet of the uses served, but do not need to be located on the
same lot as the uses served;
[d]
Ease and safety of pedestrian access to shared
parking by the users served must be demonstrated to the municipal
permitting authority's satisfaction, including any proposed improvements,
such as crosswalks or shuttle service that may be offered and its
requisite loading/unloading areas;
[e]
Such joint parking areas must not be located in
residential zones of the Town.
[4]
In making determinations on off-site or joint-use parking under
a development plan review, the municipal permitting authority with
jurisdiction to review and approve will make a final determination
of the joint-use and/or off-site spaces that constitute an acceptable
combination of spaces to meet the required parking demand.
[5]
Electric car charging stations are allowed in parking lots but
must not interfere with pedestrian movement on sidewalks.
(d)
Landscaping and screening.
[1]
For new multifamily, attached single-family, or dwelling units
as part of a mixed-use building or any new residential use that will
create more than three dwelling units on a site, the following standards
apply:
[a]
A landscape plan prepared by a registered landscape
architect is a submission requirement. However, a landscape plan done
by other design professionals may be allowed at the Planning Board's
discretion.
[b]
A minimum of one street tree must be planted for
each 25 feet of street frontage. Trees may be planted in groups or
spaced along the frontage. However, trees must be planted to ensure
survival, using silva cells, bioretention cells or tree wells. Trees
are to be a minimum of 2.5-inch caliper and 12 feet high at the time
of planting. Existing large healthy trees must be preserved if practical
and will count towards this requirement. Trees proposed within the
right-of-way must remain under 20 feet tall at maturity.
[c]
Surface parking lots designed for five or more
cars that will service multifamily or mixed-use buildings with dwelling
units and which abut a street, an existing single-family use, or a
residential zone, must provide screening in one of the following ways:
[i]
One tree per 25 feet of street frontage backed by a fence constructed
of a material similar to surrounding buildings which must screen the
parking area from the street except for necessary vehicular and pedestrian
access. To ensure survival, trees must be planted using silva cells,
bioretention cells or tree wells. Trees must be at least 2.5-inch
caliper and 12 feet high at the time of planting. Existing large healthy
trees must be preserved if practical and will count towards this requirement.
Trees proposed within the right-of-way must remain under 20 feet tall
at maturity.
[ii]
A combination of trees and shrubs including at least 50% evergreen
species, all at least six feet high at time of planting, in a planting
bed at least eight feet wide. Plantings must be sufficient, as determined
by the Planning Board, to screen the parking area from the street
except for necessary vehicular and pedestrian access. Planting beds
may be mulched but no dyed mulching material may be used
[d]
A minimum of 10% of any surface parking area consisting
of 10 or more spaces must be landscaped with trees and vegetated islands.
This requirement is in addition to the aforementioned screening and
street tree requirements.
[e]
Native trees are preferred and must be drought
and salt tolerant when used along streets. A diversity of tree species
(three to five species per every 12 trees) is required to provide
greater resiliency to threats from introduced insect pests and diseases.
[f]
Any required plantings that do not survive must
be replaced within one year. This requirement does not expire and
runs with the land.
(e)
Buffers.
[1]
Buffers are required between new residential uses and existing nonresidential uses and must be at least 10 feet wide. A buffer plan must be prepared in conjunction with the landscape plan as described in Subsection E(4)[d][1] above and consist of:
[a]
A fence at least six feet high, constructed of
material similar to surrounding buildings, with plantings of trees
at least six feet tall at time of planting and shrubs on the new residential
side of the fence.
[b]
Ground cover plantings such as perennials or ornamental
grasses must be used where appropriate.
[c]
Plantings must be provided with irrigation to enhance
survival unless they are part of a bioretention cell, rain garden
or tree well.
[d]
Any required plantings that do not survive must
be replaced within one year. This requirement does not expire and
runs with the land.
[2]
Buffers are required between new residential uses and existing single-family uses and must be at least 10 feet wide. A buffer plan must be prepared in conjunction with the landscape plan as described in Subsection E(4)[d][1] above and consist of:
[a]
A fence at least six feet high, constructed of
material similar to surrounding buildings, with plantings of trees
and shrubs at least six feet tall on the new residential side of the
fence; or
[b]
Plantings of trees at least six feet tall and shrubs,
including at least 50% evergreen species. Such plantings must ensure
adequate buffering and screening is achieved as determined by the
Planning Board.
[c]
Ground cover plantings, such as perennials or ornamental
grasses must be used where appropriate.
[d]
Plantings must be provided with irrigation to enhance
survival unless they are part of a bioretention cell, rain garden
or tree well.
[e]
Any required plantings that do not survive must
be replaced within one year. This requirement does not expire and
runs with the land.
F.
Shoreland Overlay Zone OZ-SL — Commercial — 1 Zone (C-1).
(1)
Permitted uses.
(a)
Accessory buildings, structures, and uses.
(b)
Home occupation, major.
(c)
Home occupation, minor.
(d)
Recreation, public facility.
(e)
Recreation, public open space.
(f)
Recreation, selected commercial.
(g)
Public utility facility.
(h)
Commercial school.
(i)
Public or private school.
(j)
Nursery school.
(k)
Hospital.
(l)
Nursing care facility, long-term.
(m)
Convalescent care facility.
(n)
Public facility.
(o)
Religious use.
(p)
Private assembly.
(q)
Energy storage system, residential.
[Added 4-11-2022]
(r)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(s)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
(2)
Special exception uses.
(a)
Aquaculture.
(b)
Art studio or gallery.
(c)
Retail sales, building materials and garden supply.
(d)
Business and professional offices.
(e)
Business services.
(f)
Parking area.
(g)
Conference center.
(h)
Day-care facility.
(i)
Retail sales.
(j)
Retail sales, convenience.
(k)
Mass transit station.
(l)
Mini storage.
(m)
Motel.
(n)
Hotel.
(o)
Rooming house.
(p)
Inn.
(q)
Personal services.
(r)
Repair services.
(s)
Public assembly area.
(t)
Theater.
(u)
Research and development.
(v)
Restaurant.
(w)
Retail sales.
(x)
Wholesale businesses.
(y)
Specialty food and/or beverage facility.
(z)
Transportation terminal.
(aa)
Veterinary hospital.
(bb)
Warehousing and storage.
(cc)
Solar energy system, ground-mounted large-scale (above 20,000
square feet).
[Added 4-11-2022]
A.
Purpose.
(1)
The purpose of the C-2 (Route 236 Commercial) Zone is to provide
services, industry and business space within the Town in a location
capable of conveniently serving community-wide and/or regional trade
areas and oriented primarily to vehicular access.
(3)
Where the standards or requirements for the zones vary, the
provisions for the zone in which the parcel is located apply.
B.
Permitted uses. The following uses are permitted in the C-2 Zone:
(1)
Accessory dwelling unit.
(2)
Convalescent care facility.
(3)
Nursing care facility, long-term.
(4)
Accessory buildings, structures, and uses.
(5)
Home occupation, major.
(6)
Home occupation, minor.
(7)
Hotel.
(8)
Inn.
(9)
Motel.
(10)
Rooming house.
(11)
Day-care facility.
(12)
Hospital.
(13)
Nursery school.
(14)
Private assembly.
(15)
Public facility.
(16)
Public or private school.
(17)
Public utility facility.
(18)
Religious use.
(19)
Recreation, commercial indoor.
(20)
Recreation, commercial outdoor.
(21)
Recreation, public open space.
(22)
Recreation, public facility.
(23)
Aquaculture.
(24)
Commercial fisheries/maritime activities (provided only incidental
cleaning and cooking of seafood occur at the site).
(25)
Commercial school.
(26)
Veterinary hospital.
(27)
Art studio or gallery.
(28)
Business and professional offices.
(29)
Business service.
(30)
Conference center.
(31)
Personal service.
(32)
Repair service.
(33)
Restaurant.
(34)
Retail sales.
(35)
Retail sales, building materials and garden supply.
(36)
Retail sales, convenience.
(37)
Specialty food and/or beverage facility.
(38)
Boatyard.
(39)
Mass transit station.
(40)
Mechanical services.
(41)
New motor vehicle sales.
(42)
Parking area.
(43)
Wholesale business.
(44)
Energy storage system, commercial.
[Added 4-11-2022]
(45)
Energy storage system, residential.
[Added 4-11-2022]
(46)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(47)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
C.
Special exceptions. The following land uses are permitted as special
exception uses in the C-2 Zone:
(1)
Adult entertainment establishment.
(2)
Buildings and structures over 40 feet that conform to the provisions of Chapter 16.7 and 16.8. Buildings and structures higher than 40 actual feet from the lowest point of grade to the highest point of the building or structure must have side, rear and front yards of sufficient depth to adequately protect the health, safety and welfare of abutting properties, and which may not be less than current standards or 50% of actual height, whichever is greater.
(3)
Commercial greenhouse.
(4)
Construction services.
(5)
Funeral home.
(6)
Gasoline service station.
(7)
Industry, light.
(8)
Mini storage.
(9)
Repair garage.
(10)
Public assembly area.
(11)
Theater.
(12)
Research and development.
(13)
Shops in pursuit of trade.
(14)
Transportation terminal.
(15)
Used car lot.
(16)
Warehousing and storage.
(17)
Marijuana business.
(18)
Energy storage system, dedicated-use building.
[Added 4-11-2022]
D.
Standards.
(2)
The following space standards apply in the C-2 Zones:
(a)
Minimum lot size or density:
|
C-2 Zone
| |
|---|---|
|
All uses
|
40,000 square feet
|
(b)
Minimum street frontage:
|
C-2 Zone
| |
|---|---|
|
All uses
|
150 feet
|
(c)
Maximum front setback:
|
C-2 Zone
| |
|---|---|
|
All uses
|
50 feet
|
(d)
Minimum rear and side setbacks:
|
C-2 Zone
| |
|---|---|
|
All uses
|
30 feet**
|
|
NOTES:
|
|
** Except as may be required by the buffer provisions of this
title, and where the side and/or rear yards of the proposed nonresidential
use abut a residential zone or use; in which case a minimum of 40
feet is required.
|
(e)
Maximum building height:
|
C-2 Zone
| |
|---|---|
|
All uses
|
40 feet
|
(f)
Impervious surface:
[1]
For all uses in the C-2 Zone, building and outdoor material
coverage must not exceed 40%.
(g)
Minimum water body setback for functionally water-dependent
uses: zero feet.
(h)
Minimum setback from streams, water bodies and wetlands: in accordance with Table 16.5.30, § 16.4.28 and Appendix A, Fee Schedules.
(i)
Gasoline sales i) not located within 1,000 feet of an existing
station or private residence; and ii) not located within 150 feet
of an existing structure.
(j)
Repair garages must not be located within 150 feet of a private
dwelling or existing structure.
(k)
Affordable housing requirements:
(l)
Mixed-use buildings must have nonresidential uses comprising
at least 50% of the street-facing first floor.
(m)
Underground utilities are required. The Planning Board may allow
an alternative but it is incumbent upon the applicant to demonstrate
why such a modification request should be granted.
(n)
Cottage cluster requirements:
[1]
Cottage cluster dwelling units must either face the required
common open space or the street. The required open space must be held
in common for use by all the cottage cluster residents and must be
immediately accessible to each dwelling unit, via either the front
or the back of each unit.
[2]
Each cottage cluster dwelling unit must be no greater than 1,200
square feet. Spacing between units must comply with the requirements
of the Fire Department and/or the State Fire Marshal's office.
[3]
Shared parking areas must be connected to each dwelling unit
via a sidewalk
(3)
C-2 Zone standards.
(a)
Parking.
[1]
All new or revised parking must be visually screened through
the use of landscaping, earthen berms and/or fencing from adjacent
public streets or residential properties. (See the Design Handbook
for appropriate examples.)
[2]
Each parking space is to contain a rectangular area at least
19 feet long and nine feet wide. Lines demarcating parking spaces
may be drawn at various angles in relation to curbs or aisles, so
long as the parking spaces so created contain within them the rectangular
area required by this section. This is exclusive of drives or aisles
giving access thereto, accessible from streets or aisles leading to
streets, and usable for the storage or parking of passenger vehicles.
Parking spaces or access thereto must be constructed as to be usable
year-round.
(b)
Building design standards.
[1]
New buildings should meet the general design principles set
forth in the Design Handbook. In general, buildings should be oriented
to the street with the front of the building facing the street. The
front or street facade must be designed as the front of the building.
The front elevation must contain one or more of the following elements:
[2]
A building's prominent roofs must be pitched a minimum of 4:12
unless demonstrated to the Planning Board's satisfaction that this
is not practicable. Acceptable roof styles are gabled, gambrel and
hipped roofs. Flat roofs, shed roofs and roof facades (such as "stuck
on" mansards) are not acceptable as prominent roof forms except as
provided above. (See Design Handbook for examples of acceptable designs.)
(c)
Landscaping site improvements. To achieve attractive and environmentally sound site design and appropriate screening of parking areas, in addition to the landscaping standards contained in Chapter 16.8 the following landscaping requirements apply to new and modified existing developments:
[1]
Landscape planter strip. A vegetated landscape planter strip
must be provided a minimum of 20 feet in depth adjacent to the right-of-way
of all public roads and include the following landscape elements:
[a]
Ground cover. The entire landscape planter strip
must be vegetated except for approved driveways, walkways, bikeways
and screened utility equipment.
[b]
Street-side trees. A minimum of one street tree
must be planted for each 50 feet of street frontage. The trees may
be spaced along the frontage or grouped or clustered to enhance the
visual quality of the site. (See Design Handbook for examples.) The
trees must be a minimum two-and-one-half-inch caliper and be at least
12 feet high at the time of planting. The species should be selected
from the list of recommended street trees in the Design Handbook.
Existing large healthy trees must be preserved if practical and will
count toward this requirement.
(d)
Special situations.
[1]
Expansions of less than 2,000 square feet to existing uses are
exempt from the landscaping standard of this subsection.
[2]
Depth of landscape planter strip. In instances where the required
minimum depth of the landscape planter strip is legally utilized,
in accordance with previous permits or approvals for parking, display,
storage, building or necessary vehicle circulation, the depth may
be narrowed by the Planning Board to the minimum extent necessary
to achieve the objective of the proposed project, provided that the
required shrubs and perennials are planted along the street frontage
to soften the appearance of the development from the public street.
[3]
Additions and changes in use. For additions to existing buildings
and changes of residential structures to a nonresidential use, one
street-side tree (see list of recommended street trees in Design Handbook)
is required to be planted for every 1,000 square feet of additional
gross floor area added or converted to nonresidential use. In instances
where parking, display area, storage, building or necessary vehicle
circulation exists at the time of enactment of this section, the required
trees may be clustered and/or relocated away from the road as is necessary
to be practicable. The preservation of existing large trees is encouraged;
therefore, the Planning Board may permit the preservation of existing
healthy, large, mature trees within the landscape planter strip or
other developed areas of the site to be substituted for the planting
of new trees.
[4]
Residences. Residential additions to existing single- and two-family
dwellings and proposed single and duplex family dwellings are exempt
from the landscaping standards of this subsection.
(e)
Outdoor service and storage areas. No areas for the storage
of raw materials, equipment or finished products other than small
areas for the display of samples of products available for sale or
rent may be located between the front property line and the front
facade of the building. Display areas may not be located within the
required landscape planter strip. Facilities for waste storage such
as dumpsters must be located within an enclosure and be visually buffered
by fencing, landscaping and/or other treatments. (See Design Handbook
for examples of appropriate buffering.)
E.
Shoreland Overlay Zone OZ-SL — Commercial — 2 Zone (C-2).
(1)
Permitted uses.
(a)
Accessory buildings, structures, and uses.
(b)
Home occupation, major.
(c)
Home occupation, minor.
(d)
Aquaculture.
(e)
Recreation, public facility.
(f)
Recreation, public open space.
(g)
Recreation, selected commercial.
(h)
Public utility facility.
(i)
Commercial school.
(j)
Public or private school.
(k)
Nursery school.
(l)
Hospital.
(m)
Nursing care facility, long-term.
(n)
Convalescent care facility.
(o)
Public facility.
(p)
Religious institution.
(q)
Private assembly.
(r)
Energy storage system, commercial.
[Added 4-11-2022]
(s)
Energy storage system, residential.
[Added 4-11-2022]
(t)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(u)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
(2)
Special exception uses.
(a)
Adult entertainment establishment, not located within 1,000
feet of an existing private residence, school or place of worship.
(b)
Art studio or gallery.
(c)
Boatyard.
(d)
Business and professional offices.
(e)
Business services.
(f)
Commercial fisheries/maritime activities (provided only incidental
cleaning and cooking of seafood occur at the site).
(g)
Parking area.
(h)
Conference center.
(i)
Construction services.
(j)
Day-care facility.
(k)
Retail sales, convenience.
(l)
Retail sales.
(m)
Mass transit station.
(n)
Mini storage.
(o)
Motel.
(p)
Hotel.
(q)
Rooming house.
(r)
Inn.
(s)
Personal service.
(t)
Public assembly area.
(u)
Theater.
(v)
Research and development.
(w)
Restaurant.
(x)
Wholesale business.
(y)
Repair services.
(z)
Shops in pursuit of trade.
(aa)
Speciality food and/or beverage facility.
(bb)
Transportation terminal.
(cc)
Veterinary hospital.
(dd)
Warehousing and storage.
A.
Purpose.
(1)
The C-3 (Bypass/Old Post Road Commercial) Zone proposed to introduce
a mix of housing, businesses and services to an area that serves as
one of the gateways to and through Kittery. Existing infrastructure,
proximity to residential neighborhoods, and direct access to I-95
give this zone opportunities for housing and commercial uses, as well
as advancing pedestrian access, serving residents and the region.
(3)
Where the standards or requirements for the zones vary, the
provisions for the zone in which the parcel is located apply.
B.
Permitted uses. The following uses are permitted in the C-3 Zone:
(1)
Accessory dwelling unit.
(2)
Convalescent care facility.
(3)
Dwelling, two-family.
(4)
Nursing care facility, long-term.
(5)
Residential care facility.
(6)
Accessory buildings, structures, and uses.
(7)
Home occupation major.
(8)
Home occupation, minor.
(9)
Hotel.
(10)
Inn.
(11)
Motel.
(12)
Rooming house.
(13)
Day-care facility.
(14)
Hospital.
(15)
Nursery school.
(16)
Private assembly.
(17)
Public facility.
(18)
Public or private school.
(19)
Public utility facility.
(20)
Religious use.
(21)
Recreation, commercial indoor.
(22)
Recreation, commercial outdoor.
(23)
Recreation, public open space.
(24)
Recreation, public facility.
(25)
Aquaculture.
(26)
Commercial fisheries/maritime activities (provided only incidental
cleaning and cooking of seafood occur at the site).
(27)
Commercial school.
(28)
Veterinary hospital.
(29)
Art studio or gallery.
(30)
Business and professional offices.
(31)
Business services.
(32)
Conference center.
(33)
Personal services.
(34)
Repair service.
(35)
Restaurant.
(36)
Retail sales.
(37)
Retail sales, building materials and garden supply.
(38)
Retail sales, convenience.
(39)
Specialty food and/or beverage facility.
(40)
Boatyard.
(41)
Mass transit station.
(42)
Mechanical services.
(43)
Parking area.
(44)
Wholesale business.
(45)
Energy storage system, commercial.
[Added 4-11-2022]
(46)
Energy storage system, residential.
[Added 4-11-2022]
(47)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(48)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
C.
Special exception uses. The following uses are permitted by special
exception uses in the C-3 Zone:
(1)
Buildings and structures over 40 feet that conform to the provisions of Chapters 16.7 and 16.8. Buildings and structures, other than multifamily dwellings and dwelling units as part of a mixed-use building in the C-3 Zone, west of Route 1, which are taller as allowed in § 16.4.21B(41) higher than 40 actual feet from the lowest point of grade to the highest point of the building or structure must have side, rear and front yards of sufficient depth to adequately protect the health, safety and welfare of abutting properties, and which may not be less than current standards or 50% of actual height, whichever is greater.
(2)
Commercial greenhouses.
(3)
Construction services.
(4)
Cottage cluster.
(5)
Dwelling, attached single-family.
(6)
Dwelling, multifamily.
(7)
Dwellings as part of a mixed-use building.
(8)
Funeral home.
(9)
Gasoline service station.
(10)
Industry, light.
(11)
Mini storage not located within 2,000 feet from an existing
mini storage facility located in the same zoning district.
(12)
Public assembly area.
(13)
Theater.
(14)
Repair garage.
(15)
Research and development.
(16)
Shops in pursuit of trade.
(17)
Transportation terminal (excluding truck stops).
(18)
Warehousing and storage.
(19)
Marijuana business.
(20)
Energy storage system, dedicated-use building.
[Added 4-11-2022]
(21)
Solar energy system, ground-mounted large-scale (above 20,000
square feet).
[Added 4-11-2022]
E.
Standards.
(2)
The following space standards apply in the C-3 Zones:
[Amended 11-27-2023; 5-13-2024]
(a)
Minimum lot size or density:
|
C-1 and C-3 Zones
| |
|---|---|
|
Cottage cluster
Dwelling, attached single-family
Dwelling, multifamily
Dwelling, two-family
Dwelling units as part of a mixed-use building
|
16 units per acre unless 25% of units are affordable housing
units as defined by this Code, in which case 20 units per acre allowed*
40 units per acre when over 50% of the units are affordable
housing units as defined by this code*
|
|
All other uses
|
40,000 square feet
|
|
NOTES:
|
|
* These uses are exempt from net residential acreage calculations
but are subject to minimum lot area per dwelling unit requirement
as described in § 16.5.18D, Exemptions to net residential
acreage calculations.
|
(b)
Minimum street frontage:
|
C-1 and C-3 Zones
| |
|---|---|
|
All uses
|
No minimum*
|
|
NOTES:
|
|
* All lots must meet the requirements of § 16.5.14, Lots, unless specifically modified by this section (§ 16.4.21). Street frontage must provide sufficient vehicular and pedestrian access for the uses proposed while meeting public health and safety requirements (e.g., Fire Department, Department of Public Works). The applicant must demonstrate to the municipal permitting authority, that the street frontage and lot design meet these requirements to the extent practicable.
|
(c)
Maximum front setback:
|
C-1 and C-3 Zones
| |
|---|---|
|
All uses
|
15 feet*
|
|
NOTES:
|
|
* The Planning Board may, at its discretion, allow a greater
setback when public amenities such as benches, pocket parks, outdoor
dining or seating areas are proposed. Properties in the C-3 Zone with
frontage on Old Post Road, including those lots which also have frontage
on Route 1 Bypass, are required to have at least a fifteen-foot setback
on Old Post Road.
|
(d)
Minimum rear and side setbacks:
|
C-3 Zone
| |
|---|---|
|
All uses
|
10 feet***
|
|
NOTES:
|
|
*** Except where side and/or rear setbacks of proposed new uses
abut a single-family use in which case a minimum of 15 feet is required.
|
(e)
Maximum building height:
|
C-3 Zone
| |
|---|---|
|
Dwelling, multifamily
Dwelling units as part of a mixed-use building
|
40 feet*
|
|
All other uses
|
40 feet
|
|
NOTES:
|
|
* Flat roofs, proposed to locate heating, cooling, or other
such mechanical or electrical apparatus off the ground, are acceptable
provided that such apparatus is screened from view and the screening
is designed as an integral part of the building to aid both aesthetics
and noise attenuation. Flat roofs proposed for the purpose of solar
array installations are also acceptable.
|
|
** For properties in the C-3 Zone with frontage on Old Post Road, including those lots which also have frontage on Route 1 Bypass, the setback on Old Post Road must be 15 feet or greater as provided by Subsection E(2)(c) above and building heights must not exceed 25 feet for the first 15 feet beyond the minimum fifteen-foot setback.
|
(f)
Impervious surface:
[1]
For lots in the C-1 and C-3 Zones which are currently developed
and for which new multifamily, attached single-family or two-family
dwellings, cottage clusters, or dwelling units as part of mixed-use
building are proposed, either with or without existing or new commercial
uses on the same lot, the maximum impervious surface, including but
not limited to driveways, buildings, sidewalks and parking areas:
[a]
Is 70%; or
[b]
The Planning Board may at its discretion, allow
greater than 70% if proof that all stormwater will be managed on-site,
utilizing LID (low-impact development) and BMP (best management practice)
systems based on Maine DEP's Maine Stormwater Best Management Practices
Manual, Volumes I through III as amended from time to time. The stormwater
report and plan demonstrating that this requirement is met must be
included with the application at the time of submission.
[2]
For lots in the C-3 Zone which are currently vacant (no existing
structure) and for which new multifamily, attached single-family,
or two-family dwellings, cottage clusters, or dwelling units as part
of mixes-use building are proposed, the maximum impervious surface,
including driveways, buildings, sidewalks and parking areas:
[a]
Is 60%; or
[b]
The Planning Board may, at its discretion, allow
greater than 60% if proof that all stormwater will be managed on-site
utilizing LID (low-impact development) and BMP (best management practice)
systems based on Maine DEP's Maine Stormwater Best Management Practices
Manual, Volumes I through III as amended from time to time. The stormwater
report and plan demonstrating that this requirement is met must be
included with the application at the time of submission.
[3]
For lots in the C-1 or C-3 Zones which are currently developed
and for which redevelopment is proposed with new nonresidential structures,
the maximum impervious surface, including but not limited to driveways,
buildings, sidewalks and parking areas:
[a]
Is 70%; and all stormwater must be managed on-site,
utilizing LID (low-impact development) and BMP (best management practice)
systems based on Maine DEP's Maine Stormwater Best Management Practices
Manual, Volumes I through III as amended from time to time. The stormwater
report and plan demonstrating that this requirement is met must be
included with the application at the time of submission.
[4]
For all uses in the C-2 Zone, building and outdoor material
coverage must not exceed 40%.
(g)
Minimum water body setback for functionally water-dependent
uses: zero feet.
(h)
Minimum setback from streams, water bodies and wetlands: in accordance with Table 16.5.30, § 16.4.28 and Appendix A, Fee Schedules.
(i)
Gasoline sales i) not located within 1,000 feet of an existing
station or private residence; and ii) not located within 150 feet
of an existing structure.
(j)
Repair garages must not be located within 150 feet of a private
dwelling or existing structure.
(k)
Affordable housing requirements:
(l)
Mixed-use buildings must have nonresidential uses comprising
at least 50% of the street-facing first floor.
(m)
Underground utilities are required. The Planning Board may allow
an alternative but it is incumbent upon the applicant to demonstrate
why such a modification request should be granted.
(n)
Cottage cluster requirements:
[1]
Cottage cluster dwelling units must either face the required
common open space or the street. The required open space must be held
in common for use by all the cottage cluster residents and must be
immediately accessible to each dwelling unit, via either the front
or the back of each unit.
[2]
Each cottage cluster dwelling unit must be no greater than 1,200
square feet. Spacing between units must comply with the requirements
of the Fire Department and/or the State Fire Marshal's office.
[3]
Shared parking areas must be connected to each dwelling unit
via a sidewalk
(3)
C-3 Zone standards. All development and the use of land except
for new multifamily, attached single-family or two-family dwellings,
cottage clusters, or dwelling units as part of a mixed-use building
within the C-3 Zone must meet the following standards:
(a)
Parking.
[1]
All new or revised parking must be visually screened through
the use of landscaping, earthen berms and/or fencing from adjacent
public streets or residential properties. (See the Design Handbook
for appropriate examples.)
[2]
Each parking space is to contain a rectangular area at least
19 feet long and nine feet wide. Lines demarcating parking spaces
may be drawn at various angles in relation to curbs or aisles, so
long as the parking spaces so created contain within them the rectangular
area required by this section. This is exclusive of drives or aisles
giving access thereto, accessible from streets or aisles leading to
streets, and usable for the storage or parking of passenger vehicles.
Parking spaces or access thereto must be constructed as to be usable
year-round.
(b)
Building design.
[1]
Kittery's characteristic buildings reflect its historical seacoast
past. The primary architectural styles are New England Colonial (such
as Cape Cod and saltbox), Georgian, Federal and Classical Revival.
New buildings must be compatible with Kittery's characteristic styles
in form, scale, material and color. In general, buildings should be
oriented to the street with the front of the building facing the street.
The front or street facade must be designed as the front of the building.
The front elevation must contain one or more of the following elements:
1) a "front door," although other provisions for access to the building
may be provided; 2) windows; or 3) display cases. (See Design Handbook
for examples of acceptable materials and designs.) Strict imitation
is not required. Design techniques can be used to maintain compatibility
with characteristic styles and still leave enough flexibility for
architectural variety. To achieve this purpose, the following design
standards apply to new and remodeled building projects:
[2]
Exterior building materials and details. Building materials
and details strongly define a project's architectural style and overall
character. (See Design Handbook for examples of acceptable materials,
building scale and designs.) "One-sided" schemes are prohibited; similar
materials and details must be used on all sides of a building to achieve
continuity and completeness of design. Predominant exterior building
materials must be of good quality and characteristic of Kittery, such
as horizontal wood board siding, vertical wood boards, wood shakes,
brick, stone or simulated stone, glass and vinyl, or metal clapboard.
[3]
Roofs. A building's prominent roofs must be pitched a minimum
of 4:12 unless demonstrated to the Planning Board's satisfaction that
this is not practicable. Acceptable roof styles are gabled, gambrel
and hipped roofs. Flat roofs, shed roofs and roof facades (such as
"stuck on" mansards) are not acceptable as prominent roof forms except
as provided above. The roof design must screen or camouflage rooftop
protrusions to minimize the visual impact of air-conditioning units,
air handler units, exhaust vents, transformer boxes and the like.
(See Design Handbook for examples of appropriate treatments.)
[4]
Loading docks and overhead doors. Loading docks and overhead
doors must be located on the side or rear of the building and screened
from view from adjacent properties in residential use.
(c)
Landscaping site improvements.
[1]
To achieve attractive and environmentally sound site design and appropriate screening of parking areas, in addition to the landscaping standards contained in Chapter 16.7 the following landscaping requirements apply to new and modified existing developments:
[2]
Landscape planter strip. A vegetated landscape planter strip
must be provided a minimum of 15 feet in depth adjacent to the right-of-way
of all public roads and include the following landscape elements:
[a]
Ground cover. The entire landscape planter strip
must be vegetated except for approved driveways, walkways, bikeways
and screened utility equipment.
[b]
Street-side trees. A minimum of one tree must be
planted for each 50 feet of street frontage. The trees may be spaced
along the frontage or grouped or clustered to enhance the visual quality
of the site. (See Design Handbook for examples.) The trees must be
a minimum two-and-one-half-inch caliper and be at least 12 feet high
at the time of planting. The species should be selected from the list
of recommended street trees in the Town Design Handbook. Existing
large healthy trees must be preserved if practical and will count
toward this requirement.
[3]
Special situations.
[a]
Expansions of less than 1,000 square feet to existing
uses are exempt from the landscaping standard of this subsection.
[b]
Depth of landscape planter strip. In instances
where the required minimum depth of the landscape planter strip is
legally utilized, in accordance with previous permits or approvals,
for parking, display, storage, building or necessary vehicle circulation,
the depth may be narrowed by the Planning Board to the minimum extent
necessary to achieve the objective of the proposed project, provided
that the required shrubs and perennials are planted along the street
frontage to soften the appearance of the development from the public
street.
[c]
Additions and changes in use. For additions to
existing buildings and changes of residential structures to a nonresidential
use, one tree (see list of recommended street trees in Design Handbook)
is required to be planted for every 1,000 square feet of additional
gross floor area added or converted to nonresidential use. In instances
where parking, display area, storage, building or necessary vehicle
circulation exists at the time of enactment of this section, the required
trees may be clustered and/or relocated away from the road as is necessary
to be practicable. The preservation of existing large trees is encouraged;
therefore, the Planning Board may permit the preservation of existing
healthy, large, mature trees within the landscape planter strip or
other developed areas of the site to be substituted for the planting
of new trees.
[4]
Outdoor service and storage areas. Service and storage areas
must be located to the side or rear of the building. Facilities for
waste storage such as dumpsters must be located within an enclosure
and be visually buffered by fencing, landscaping and/or other treatments.
(See Design Handbook for examples of appropriate buffering.)
(d)
Traffic and circulation standards.
[1]
Sidewalks and roadways must be provided within the site to internally
join abutting properties that are determined by the Planning Board
to be compatible. In addition, safe pedestrian route(s) must be provided
to allow pedestrians to move within the site and between the principal
customer entrance and the front lot line where a sidewalk exists or
will be provided or where the Planning Board determines that such
a route is needed for adequate pedestrian safety and movement. (See
Design Handbook for appropriate examples.)
(e)
Open space standards.
[1]
Open space must be provided as a percentage of the total area
of the lot, including freshwater wetlands, water bodies, streams and
setbacks. 20% of each lot must be designated as open space. Required
open space must be shown on the plan with a note dedicating it as
"open space." The open space must be located to create an attractive
environment on the site, minimize environmental impacts, protect significant
natural features or resources on the site, and maintain wildlife habitat.
Individual large, healthy trees and areas with mature tree cover should
be included in the open space. Where possible, the open space must
be located to allow the creation of continuous open space networks
in conjunction with existing or potential open space on adjacent properties.
The required amount of designated open space is reduced to 10% of
each lot that is less than 40,000 square feet in size.
(4)
C-1 and C-3 Zone standards for attached single-family dwellings,
multifamily dwellings, two-family dwellings where more than one two-family
dwelling is proposed for a single lot, cottage clusters, and dwelling
units as part of a mixed-use building:
(a)
Design standards. See Kittery's Design Handbook for further
information on how these standards can be met.
[1]
Sidewalks must be installed within the right-of-way to meet minimum requirements as specified in § 16.5.27, subject to review and approval by the Department of Public Works and MaineDOT if required.
[2]
Connectivity between new housing development and adjacent existing
or new commercial areas is required. This connectivity must, at minimum,
include sidewalks or walkways. In the C-1 Zone, connectivity may also
include vehicular access coupled with sidewalks or walkways between
residential and commercial areas. Connectivity must be pedestrian-friendly
with appropriately scaled improvements such as eight-foot wide sidewalks
and human-scaled lighting.
[3]
On-street parking is encouraged on new or existing private roads
off Route 1, and may be considered as a part of a joint use parking
plan when such on-street parking is proposed as part of a development
or redevelopment plan.
[4]
All service areas for dumpsters, compressors, generators and
similar items must be screened by a fence at least six feet tall,
constructed of a material similar to surrounding buildings, and must
surround the service area except for the necessary ingress/egress.
[5]
Parking must be located behind multifamily dwellings and mixed-use
buildings with residential dwelling units when viewed from the street.
The Planning Board may allow parking to the side or front of such
residential or mixed-use buildings at its discretion, but it is incumbent
upon the applicant to demonstrate why rear parking is not feasible.
[6]
Lighting plans, including lighting fixture designs and photometric plans must be included at the time of application submission. All fixtures must be cut off to prevent light trespass and meet all requirements of § 16.7.11H.
[7]
A single new two-family dwelling proposed for a lot, the addition
of another dwelling unit to an existing single-family residence to
create a two-family dwelling and the addition of an ADU (accessory
dwelling unit) to a single-family residence is exempt from these design
standards.
(b)
Open space standards.
[1]
Open space must be provided as a percentage of the total area
of the lot, and may include wetlands, water bodies, streams, and setbacks.
Fifteen percent of each lot must be designated as open space.
[2]
For multifamily dwellings, mixed-use buildings with residential
dwelling units and attached single-family dwellings, in cases where
the property does not meet the 15% requirement due to existing development,
and where redevelopment will remain at the same or comprise a lower
percentage of the lot, the Planning Board may, at its discretion,
allow a smaller percentage of open space. In granting this concession,
the Board may require more intensive landscape plantings.
(c)
Parking standards. The following minimum off-street parking
requirements must be provided and maintained in case of new construction,
alterations, and changes of use:
[1]
Parking requirements must be met on site unless an existing building covers so much of the lot as to make the provision of parking impractical in whole or in part. If meeting the parking requirements is not practical, then the parking demand may be satisfied off site or through joint-use agreements as specified herein. Notwithstanding the off-street parking requirements in Article IX of Chapter 16.8, minimum parking requirements for the uses below are modified as specified:
[a]
Dwelling units: one parking space per dwelling
unit.
[b]
For multifamily dwellings, if more than 10 parking
spaces are required, up to 20% of the parking may be designated for
compact cars. See § 16.7.11.F, Off-street parking standards.
[c]
When more than 50% of the dwelling units proposed
are affordable as defined by this code, two parking spaces for every
three dwelling units.
[Added 11-27-2023]
[2]
Off-site parking. Required off-street parking may be satisfied
at off-site locations, provided such parking is on other property
owned by the applicant or is under the terms of a contractual agreement
that will ensure such parking remains available for the uses served.
Applicant must present evidence of a parking location and a contractual
agreement;
[3]
Joint-use parking. Required off-street parking may also be satisfied
by the joint use of parking space by two or more uses if the applicant
can show that parking demand is nonconflicting and will reasonably
provide adequate parking for the multiple uses without parking overflowing
into undesignated areas. Nonconflicting periods may consist of daytime
as opposed to evening hours of operation or weekday as opposed to
weekends or seasonal variation in parking demand.
[a]
Such joint parking areas must be held under ownership
of the applicant or under terms of a contractual agreement that ensures
such parking remains available to all users of the shared parking
spaces;
[b]
Determination of parking adequacy will be based
on a most frequent basis, not a "worst case" scenario;
[c]
Joint use parking areas must be located within
1,500 feet of the uses served, but do not need to be located on the
same lot as the uses served;
[d]
Ease and safety of pedestrian access to shared
parking by the users served must be demonstrated to the municipal
permitting authority's satisfaction, including any proposed improvements,
such as crosswalks or shuttle service that may be offered and its
requisite loading/unloading areas;
[e]
Such joint parking areas must not be located in
residential zones of the Town.
[4]
In making determinations on off-site or joint-use parking under
a development plan review, the municipal permitting authority with
jurisdiction to review and approve will make a final determination
of the joint-use and/or off-site spaces that constitute an acceptable
combination of spaces to meet the required parking demand.
[5]
Electric car charging stations are allowed in parking lots but
must not interfere with pedestrian movement on sidewalks.
(d)
Landscaping and screening.
[1]
For new multifamily, attached single-family, or dwelling units
as part of a mixed-use building or any new residential use that will
create more than three dwelling units on a site, the following standards
apply:
[a]
A landscape plan prepared by a registered landscape
architect is a submission requirement. However, a landscape plan done
by other design professionals may be allowed at the Planning Board's
discretion.
[b]
A minimum of one street tree must be planted for
each 25 feet of street frontage. Trees may be planted in groups or
spaced along the frontage. However, trees must be planted to ensure
survival, using silva cells, bioretention cells or tree wells. Trees
are to be a minimum of 2.5-inch caliper and 12 feet high at the time
of planting. Existing large healthy trees must be preserved if practical
and will count towards this requirement. Trees proposed within the
right-of-way must remain under 20 feet tall at maturity.
[c]
Surface parking lots
designed for five or more cars that will service multifamily or mixed-use
buildings with dwelling units and which abut a street, an existing
single- family use, or a residential zone, must provide screening
in one of the following ways:
[1]
One tree per 25 feet of street frontage backed by a fence constructed
of a material similar to surrounding buildings which must screen the
parking area from the street except for necessary vehicular and pedestrian
access. To ensure survival, trees must be planted using silva cells,
bioretention cells or tree wells. Trees must be at least 2.5-inch
caliper and 12 feet high at the time of planting. Existing large healthy
trees must be preserved if practical and will count towards this requirement.
Trees proposed within the right-of-way must remain under 20 feet tall
at maturity.
[2]
A combination of trees and shrubs including at least 50% evergreen
species, all at least six feet high at time of planting, in a planting
bed at least eight feet wide. Plantings must be sufficient, as determined
by the Planning Board, to screen the parking area from the street
except for necessary vehicular and pedestrian access. Planting beds
may be mulched but no dyed-mulching material may be used.
[d]
A minimum of 10% of any surface parking area consisting
of 10 or more spaces must be landscaped with trees and vegetated islands.
This requirement is in addition to the aforementioned screening and
street tree requirements.
[e]
Native trees are preferred and must be drought-
and salt-tolerant when used along streets. A diversity of tree species
(three to five species per every 12 trees) is required to provide
greater resiliency to threats from introduced insect pests and diseases.
[f]
Any required plantings that do not survive must
be replaced within one year. This requirement does not expire and
runs with the land.
(e)
Buffers.
[1]
Buffers are required between new residential uses and existing nonresidential uses and must be at least 10 feet wide. A buffer plan must be prepared in conjunction with the landscape plan as described in Subsection E(4)(d)[1][a] above and consist of:
[a]
A fence at least six feet high, constructed of
material similar to surrounding buildings, with plantings of trees
at least six feet tall at time of planting and shrubs on the new residential
side of the fence.
[b]
Ground cover plantings such as perennials or ornamental
grasses must be used where appropriate.
[c]
Plantings must be provided with irrigation to enhance
survival unless they are part of a bioretention cell, rain garden
or tree well.
[d]
Any required plantings that do not survive must
be replaced within one year. This requirement does not expire and
runs with the land.
[2]
Buffers are required between new residential uses and existing single-family uses and must be at least 10 feet wide. A buffer plan must be prepared in conjunction with the landscape plan as described in Subsection E(4)(d)[1][a] above and consist of:
[a]
A fence at least six feet high, constructed of
material similar to surrounding buildings, with plantings of trees
and shrubs at least six feet tall on the new residential side of the
fence; or
[b]
Plantings of trees at least six feet tall and shrubs,
including at least 50% evergreen species. Such plantings must ensure
adequate buffering and screening is achieved as determined by the
Planning Board.
[c]
Ground cover plantings, such as perennials or ornamental
grasses must be used where appropriate.
[d]
Plantings must be provided with irrigation to enhance
survival unless they are part of a bioretention cell, rain garden
or tree well.
[e]
Any required plantings that do not survive must
be replaced within one year. This requirement does not expire and
runs with the land.
F.
Shoreland Overlay Zone OZ-SL — Commercial — 3 Zone (C-3).
(1)
Permitted uses.
(a)
Accessory buildings, structures, and uses.
(b)
Home occupation, major.
(c)
Home occupation, minor.
(d)
Aquaculture.
(e)
Recreation, public facility.
(f)
Recreation, public open space.
(g)
Recreation, selected commercial.
(h)
Public utility facility.
(i)
Commercial school.
(j)
Public or private school.
(k)
Nursery school.
(l)
Hospital.
(m)
Elder care facility.
(n)
Nursing care facility, long-term.
(o)
Convalescent care facility.
(p)
Public facility.
(q)
Religious use.
(r)
Private assembly.
(s)
Energy storage system, residential.
[Added 4-11-2022]
(t)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(u)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
(2)
Special exception uses.
(a)
Adult entertainment establishment, not located within 1,000
feet of an existing private residence, school or place of worship.
(b)
Art studio or gallery.
(c)
Boatyard.
(d)
Business and professional offices.
(e)
Business services.
(f)
Commercial fisheries/maritime activities, provided only incidental
cleaning and cooking of seafood occur at the site.
(g)
Parking area.
(h)
Conference center.
(i)
Construction services.
(j)
Day-care facility.
(k)
Funeral home.
(l)
Retail sales, convenience.
(m)
Mass transit station.
(n)
Motel.
(o)
Hotel.
(p)
Rooming house.
(q)
Inn.
(r)
Mini storage.
(s)
Personal service.
(t)
Public assembly area.
(u)
Theater.
(v)
Research and development.
(w)
Restaurant.
(x)
Retail sales.
(y)
Wholesale business.
(z)
Shops in pursuit of trade.
(aa)
Transportation terminal (excluding truck stops).
(bb)
Veterinary hospital.
(cc)
Warehousing and storage.
(dd)
Energy storage system, dedicated-use building.
[Added 4-11-2022]
(ee)
Solar energy system, ground-mounted large-scale (above 20,000
square feet).
[Added 4-11-2022]
A.
Purpose. The purpose of the Industrial IND Zone is to provide areas
within the Town for manufacturing, processing, treatment and research,
to which end all the performance standards set forth in this title
apply.
B.
Permitted uses. The following uses are permitted in the IND Zone:
(1)
Accessory buildings, structures, and uses.
(2)
Home occupation, major.
(3)
Home occupation, minor.
(4)
Research and development.
(5)
Industry, heavy.
(6)
Energy storage system, commercial.
[Added 4-11-2022]
(7)
Energy storage system, dedicated-use building.
[Added 4-11-2022]
(8)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(9)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
(10)
Solar energy system, ground-mounted large-scale (above 20,000
square feet).
[Added 4-11-2022]
D.
Standards.
(2)
The following space standards apply:
(a)
Minimum area of lot: none.
(b)
Minimum street frontage: none.
(c)
Minimum front yard: none.
(d)
Minimum rear and side yards: 30 feet. (Note: Except as may be
required by the buffer provisions of this title, and except where
the side and/or rear yards abut a residential zone or use; in which
case a minimum of 50 feet or 50% of the building or outdoor stored
material height, whichever is greater, is required.)
(e)
Maximum building height: none.
(f)
Maximum building coverage: none.
(g)
Minimum setback from water body and wetland water-dependent
uses: zero feet.
E.
Shoreland Overlay Zone OZ-SL — Industrial Zone (IND).
(1)
Permitted uses.
(a)
Accessory use and building.
(b)
Home occupation, major.
(c)
Home occupation, minor.
(d)
Research and development.
(e)
Energy storage system, commercial.
[Added 4-11-2022]
(f)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(g)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
(h)
Solar energy system, ground-mounted large-scale (above 20,000
square feet).
[Added 4-11-2022]
A.
Purpose.
(1)
To provide opportunities for a mix of office, service, and limited
residential and retail uses, to alter the pattern of commercial activity
on Route 1, to serve Kittery's needs, and to minimize traffic congestion.
A mix of uses on a site is desired and, in some cases, required; a
continuation of strip development is not encouraged in this zone.
The Mixed-Use Zone is intended to accommodate growth.
(2)
The purpose of large lot sizes, open space standards, and frontage
requirements is to limit the number of access points along U.S. Route
1, to encourage the development of service roads which may serve several
developments, and to create development that will retain the predominant
rural character of the zone. Other objectives are to encourage an
orderly and safe traffic flow along U.S. Route 1, pedestrian safety,
and an attractive site design enhanced by landscaping, open space,
and restrictions on the locations of parking. These development goals
are supported by the principles and objectives identified in the Town's
Design Handbook, Kittery Maine.
B.
Permitted uses.
[Amended 4-11-2022; 11-27-2023]
(1)
Accessory dwelling units.
(2)
Dwelling, single-family (limited to lots of record as of April
1, 2004).
(3)
Dwelling, multifamily (limited to the upper floors of mixed-use
building that is served by public sewerage).
(4)
Dwelling, multifamily 2-4 "limited."
(5)
Convalescent care facility.
(6)
Nursing care facility, long-term.
(7)
Residential care facility.
(8)
Accessory buildings, structures, and uses.
(9)
Home occupations, major.
(10)
Home occupations, minor.
(11)
Inn.
(12)
Day-care facility.
(13)
Hospital.
(14)
Private assembly (which is not used for residential or overnight
occupancy).
(15)
Public facility.
(16)
Public or private school (which is not used for residential
or overnight occupancy).
(17)
Recreation, commercial indoor.
(18)
Recreation, commercial outdoor.
(19)
Recreation, public open space.
(20)
Agriculture.
(21)
Commercial school (which is not used for residential or overnight
occupancy).
(22)
Timber harvesting.
(23)
Veterinary hospital.
(24)
Art studio or gallery.
(25)
Business and professional offices.
(26)
Funeral home.
(27)
Personal services.
(28)
Repair service.
(29)
Research and development.
(30)
Restaurant.
(31)
Retail sales (a single use not to exceed 50,000 square feet
in gross floor area).
(32)
Retail sales, building materials and garden supply.
(33)
Retail sales, convenience.
(34)
Specialty food and/or beverage facility.
(35)
Theater.
(36)
Boatyard.
(37)
Mass transit station.
(38)
Industry, light (less than or equal to 20,000 square feet in
gross floor area).
(39)
Parking area.
(40)
Energy storage system, commercial.
(41)
Energy storage system, residential.
(42)
Solar energy system, building-integrated and roof-mounted.
(43)
Solar energy system, ground-mounted small-scale.
C.
Special exception uses.
(1)
Aged-restricted housing.
(2)
Campground.
(3)
Recreational vehicle park.
(4)
Construction services.
(5)
Commercial kennel.
(6)
Commercial greenhouses.
(7)
Theater, drive-in.
(8)
Gas service station.
(9)
Industry, light (greater than 20,000 square feet in gross floor
area).
(10)
Mechanical services.
(11)
Motel.
(12)
Hotel.
(13)
New motor vehicle sales.
(14)
Public utility facilities.
(15)
Repair garage.
(16)
Retail sales (a single use greater than 50,000 square feet in
gross floor area and less than 150,000 square feet in gross floor
area).
(17)
Shop in pursuit of trade.
(18)
Transportation terminal.
(19)
Warehousing and storage.
(20)
Wholesale business.
(21)
Energy storage system, dedicated-use building.
[Added 4-11-2022]
(22)
Solar energy system, ground-mounted medium- and large-scale
(above 20,000 square feet).
[Added 4-11-2022]
D.
Standards.
(2)
Minimum dimensional standards. The following apply:
[Amended 11-27-2023; 5-13-2024]
(b)
Minimum street frontage on road with access along U.S. Route
1, Haley Road, Lewis Road, or Cutts Road: 250 feet.
[1]
Other streets or approved ways: 150 feet.
(c)
Minimum front yard: 30 feet.
(d)
Minimum rear and side yards: 30 feet.
(e)
Maximum building height: 40 feet.
(f)
Maximum height above grade of building-mounted signs: 40 feet.
(g)
Minimum setback from water body and wetland water-dependent
uses: zero feet.
(h)
Minimum setback from streams, water bodies and wetlands: in accordance with Table 16.5.30, § 16.4.28 and Appendix A, Fee Schedules.
(j)
Minimum lot area per bed for nursing care and convalescent care
facilities that are connected to the public sewerage system: 2,000
square feet.
(k)
Buffer to I-95 right-of-way: 40 feet.
(l)
Buffer to neighboring lot with an existing residence within
100 feet of the lot line: 40 feet.
(m)
Vegetated buffer to be maintained between the MU and R-RL Zones:
40 feet.
Note 1: For single-family dwellings and vacant lots of record, one dwelling unit is allowed for each 200,000 square feet of lot area. A lot of record having a lot area of more than 200,000 square feet that was improved with a single-family dwelling as of April 1, 2004, may: a. be divided into two lots, provided that each of the lots contains at least 40,000 square feet of lot area and meets the other dimensional standards of the zone. Section 16.4.10D(1) and (2) as set forth in the Residential - Rural Zone apply and no further subdivision is allowed.
Note 2: For dwelling units that are part of a mixed-use building
or a multifamily building and are connected to the public sewerage
system, one dwelling unit is allowed for each 10,000 square feet of
lot area. Where over 50% of such dwelling units described above will
be affordable as defined by this code: 4,000 square feet of lot area.
[NOTE: Multifamily dwellings are not allowed in either Resource Protection
or Shoreland Overlay Zones.] If the parking for the residential units
is encompassed within the building, the minimum required buildable
lot area per dwelling unit is reduced to 7,500 square feet. Where
over 50% of the dwelling units will be affordable as defined by this
code and parking is encompassed within the building: 3,000 square
feet of buildable lot area. In addition, for those developments where
more than 50% of the dwelling units will be affordable, parking requirements
are reduced to two parking spaces per three dwelling units.
Note 3: For aged-restricted dwelling units that are connected
to the public sewerage system, one dwelling unit is allowed for each
15,000 square feet of buildable land area. Within the Resource Protection
and Shoreland Overlay Zones, one dwelling unit is allowed for each
40,000 square feet of land within these zones. If the parking for
the aged-restricted units is encompassed within the building, the
minimum required buildable land area per dwelling unit is reduced
to 10,000 square feet, except in the Resource Protection and Shoreland
Overlay Zones where the area per dwelling unit remains 40,000 square
feet.
(3)
Retail use limitation. Retail use, including parking areas and
other supporting unvegetated areas for retail use, is limited to not
more than 30% of the developable area of any lot or portion of a lot
within the Mixed-Use Zone.
(4)
Mixed-use requirement. The Mixed-Use Zone is intended for the
creation of an area in the Town that has a mix of uses and in which
no single type of use predominates. To this end, larger scale projects
must incorporate a mix of principal uses into the development. Any
new development that creates more than 20,000 square feet of gross
floor area must include at least two principal uses as set forth in
the list of permitted uses and special exceptions. To fulfill this
requirement, the smaller use or combination of smaller uses must contain
at least 10% of the gross floor area. The combination of retail uses
that are permitted uses and one larger retail use allowed as a special
exception does not fulfill this requirement. This provision does not
apply to the development of a single lot of record as of April 1,
2004, that has a lot area of less than 200,000 square feet.
(5)
Location and screening of parking areas. All new parking areas
must be located at the side of, and/or to the rear of, principal buildings.
Where unique circumstances exist and it is demonstrated to the Planning
Board that prohibition of parking in front of the principal building
is not practicable, with the Board's approval, 10 or fewer parking
spaces may be located closer to the front lot line than a principal
building. All new or altered parking must be visually screened from
U.S. Route 1, Lewis Road, Cutts Road, and Haley Road by extensive
landscaping, earthen berms, and/or fencing (see Design Handbook for
examples of acceptable screening).
(6)
Building design standards. Kittery's characteristic buildings
reflect its historic seacoast past. The primary architectural styles
are New England Colonial (such as Cape Cod and saltbox), Georgian,
Federal, and Classical Revival. New buildings should be compatible
with Kittery's characteristic styles in form, scale, material, and
color. In general, buildings should be oriented to the street with
the front of the building facing the street. The front or street facade
must be designed as the front of the building. The front elevation
must contain one or more of the following elements: 1) a front door,
although other provisions for access to the building may be provided,
2) windows, or 3) display cases (see Design Handbook for examples
of acceptable materials and designs). Though strict imitation is not
required, design techniques can be used to maintain compatibility
with characteristic styles and still leave enough flexibility for
architectural variety. To achieve this purpose, the following design
standards apply to new and remodeled building projects:
(a)
Exterior building materials and details. Building materials
and details strongly define a project's architectural style and overall
character (see Design Handbook for examples of acceptable materials,
building scale, and designs). "One-sided" schemes are prohibited;
similar materials and details must be used on all sides of a building
to achieve continuity and completeness of design.
[1]
Predominant exterior building materials. Predominant exterior
building materials must be of good quality and characteristic of Kittery,
such as horizontal wood board siding, vertical wood boards, wood shakes,
brick, stone or simulated stone, glass and vinyl, or metal clapboard.
Stucco, adobe, sheet metal, standard concrete block, tilt-up concrete
panels, plywood or particle board are prohibited as the primary materials.
[2]
Blank walls. A wall may not extend for a length of more than
50 linear feet without an architectural feature such as a dormer,
pilaster, cornice, corner, window, porch, or visually compatible door
to break up the large mass of a featureless wall (see Design Handbook
for examples of the appropriate treatment of walls). As an exception,
walls with a clapboard facade may extend for a length of up to 100
feet without such an architectural feature.
[3]
Light industrial and boatyard uses. Such uses must comply with
the above standards only along the front face and extending back 100
feet along the side walls.
(b)
Roofs. Roofs must meet the following standards:
[1]
Form. A building's prominent roofs must be pitched a minimum
of 4:12 unless demonstrated to the Planning Board's satisfaction that
this is not practicable. Acceptable roof styles are gabled, gambrel,
and hipped roofs. Flat roofs, shed roofs, and roof facades (such as
"stuck on" mansards) are not acceptable as primary roof forms.
[2]
Color. Roof colors must be muted (see Design Handbook for examples).
[3]
Rooftop mechanical and electrical equipment. Rooftops must be
free of clutter. The roof design must screen or camouflage rooftop
protrusions to minimize the visual impact of air conditioning units,
air handler units, exhaust vents, transformer boxes, and the like
(see Design Handbook for examples of appropriate treatments). Interior-mounted
equipment is encouraged. Whenever possible, utility equipment areas
must be placed in an obscure location and screened from view.
[4]
Loading docks and overhead doors. Loading docks and overhead
doors must be located on the side or rear of the building and be screened
from view from public streets.
(7)
Landscaping standards. To achieve attractive and environmentally sound site design, and appropriate screening of parking areas, in addition to the landscaping standards contained in Chapters 16.7 and 16.8, the following landscaping requirements apply to new and modified existing developments:
(a)
Landscape planter strip. A vegetated landscape planter strip
30 feet in depth (as measured from the edge of the property line)
must be provided along the length of all developed portions of a parcel
that are adjacent to a street right-of-way. The planter strip must
include the following landscape elements:
[1]
Ground cover. The entire landscape planter strip must be vegetated
except for approved driveways, walkways, bikeways, and screened utility
equipment.
[2]
Street-side trees. A minimum of one street tree must be planted
for each 25 feet of street frontage. The trees may be spaced along
the frontage or grouped or clustered to enhance the visual quality
of the site (see Design Handbook for examples). The trees must be
a minimum 2.5-inch caliper, and be at least 12 feet high at the time
of planting. The species should be selected from the list of approved
street trees in the Design Handbook. Existing large healthy trees
must be preserved if practical and will count toward this requirement.
[3]
Planter strip. Shrubs and flowering perennials must be planted
at a minimum of 10 plants per 40 linear feet of street frontage unless
existing woodlands are being retained or such planting is inconsistent
with the retention of rural landscape features. The plant material
should be selected from the list of approved materials in the Design
Handbook. The plants must be placed within the planter strip to enhance
the visual character of the site and augment natural features and
vegetation (see Design Handbook for examples of appropriate treatments).
[4]
Special situations.
[a]
Expansions of less than 500 square feet to existing
uses are exempt from the landscaping standard of this subsection.
[b]
Depth of landscape planter strip. In instances
where the required average depth of the landscape planter strip is
legally utilized, in accordance with previous permits or approval,
for parking, display, storage, building, or necessary vehicle circulation,
the depth may be narrowed by the Planning Board to the minimum extent
necessary to achieve the objective of the proposed project, provided
that the required shrubs and perennials are planted along the street
frontage to soften the appearance of the development from the public
street. If providing the required landscape planter strip along with
other required landscaping and required vegetated areas in and around
wetlands would cause the project to exceed the required open space
standards, the depth of the landscape planter strip and the front
yard may be reduced by the Planning Board so that the open space standards
are not exceeded, but in no case to less than 20 feet for this reason.
[c]
Additions and changes in use. For additions to
existing buildings and changes of residential structures to a nonresidential
use, one streetside tree (see list of recommended street trees in
Design Handbook) is required for every 500 square feet of additional
gross floor area added or converted to nonresidential use. In instances
where parking, display area, storage, building or necessary vehicle
circulation exists at the time of enactment of this section, the required
trees may be clustered and/or relocated away from the road as is necessary
to be practicable. The preservation of existing large trees is encouraged;
therefore, the Planning Board may permit the preservation of existing
healthy, large, mature trees within the landscape planter strip or
other developed areas of the site to be substituted for the planting
of new trees.
[d]
Residences. Residential additions to existing single-
and two-family dwellings and proposed single- and duplex-family dwellings
are exempt from the landscaping standards of this subsection.
(b)
Buffer area. Where buffering is required, it must provide a
year-round visual screen to minimize adverse impacts and screen new
development (see Design Guidelines for examples of appropriate buffers
for various situations), and may consist of fencing, evergreens, retention
of existing vegetation, berms, rocks, boulders, mounds or combinations
thereof. Within three growing seasons, the buffer must provide a year-round
screen at least eight feet in height or such lower height as determined
by the Planning Board to be appropriate for the situation. Buffer
areas must be maintained and kept free of all outdoor storage, debris,
and rubbish. The width of the buffer area may be reduced by the Planning
Board if the function of the buffer is still fulfilled.
(c)
Rural landscape features. Rural landscape features such as stonewalls,
berms, and other agricultural structures, and tree lines or fields
must be retained to the maximum extent practicable.
(d)
Lighting. Outdoor lighting must provide the minimum illumination needed for the safe use of the site while enhancing the nighttime visual character of the site. Lighting must conform to the standards for outdoor lighting in § 16.7.11H.
(e)
Outdoor service and storage areas. Service and storage areas
must be located to the side or rear of the building. Facilities for
waste storage such as dumpsters must be located within an enclosure
and be visually buffered by fencing, landscaping, and/or other treatments
(see Design Handbook for examples of appropriate buffering).
(8)
Traffic and circulation standards. Sidewalks and roadways must
be provided within the site to internally join abutting properties
that are determined by the Planning Board to be compatible. In addition,
safe pedestrian route(s) must be provided to allow pedestrians to
move within the site and between the principal customer entrance and
the front lot line where a sidewalk exists or will be provided or
where the Planning Board determines that such a route is needed for
adequate pedestrian safety and movement.
(9)
Open space standards. Open space must be provided as a percentage
of the total area of the lot, including freshwater wetlands, water
bodies, streams, and setbacks. Thirty-five percent of each lot must
be designated as open space. Required open space must be shown on
the plan with a note dedicating it as "open space."
(a)
An objective of the open space standard is to encourage the
integration of open space throughout the entire development and with
the open space on adjoining properties in order to alter the pattern
of commercial activity along Route 1. To this end, a minimum of 25%
of the required open space must be located in the front 50% of the
lot area closest to U.S. Route 1, or if not fronting Route 1, closest
to the public street used to enter the lot. The Planning Board may
modify this requirement when it is demonstrated to the Board's satisfaction
that the objective is met to the greatest practicable extent.
(b)
The open space must be located to create an attractive environment
on the site, minimize environmental impacts, protect significant natural
features or resources on the site, and maintain wildlife habitat.
Where possible, the open space must be located to allow the creation
of continuous open space networks in conjunction with existing or
potential open space on adjacent properties.
(c)
Special situations.
[1]
Cases where integrating open space would require exceeding the
open space standards. In cases where the topography, wetlands, and
existing development on the lot dictates that more than 75% of the
required open space be located outside the front portion of the lot,
a percentage of the open space normally required in the front portion
of the lot may be shifted to the rear portion of the lot in order
to achieve the required amount of vegetated open space and not reduce
the allowable developable area on the lot, provided minimum landscaping
standards are satisfied.
[2]
Small lots. The required amount of designated open space is
reduced to 20% of each lot that is less than 100,000 square feet in
size.
(10)
Affordable housing requirements:
[Added 11-27-2023]
(11)
Conditions for approving special exception uses in the Mixed-Use
Zone.
(a)
All special exception uses in the Mixed-Use Zone must be visually
harmonious with the neighborhood and natural landscape by the use
of adequate screening and/or architectural design as follows:
[1]
Screening. Must be screened and buffered through
landscaping, fencing, planted berms, existing vegetation, and separations
of spaces to shield neighbors from any adverse external effects of
the facility and to integrate the facility into the landscape. Plantings
must be of sufficient maturity to achieve the desired screening effect
within three years.
[2]
Architectural compatibility. Must be in architectural
harmony with the area in which it is located to the maximum extent
practicable through the appropriate use of facade materials, roof
style, scale, bulk, and architectural style and details.
[3]
Location. Facilities located aboveground must be
sited so as to eliminate adverse impacts associated with the facility
to the maximum extent practicable while still fulfilling the basic
purpose of the facility.
(b)
Retail sales, a single retail use greater than 50,000 square
feet in gross floor area and less than 150,000 square feet in gross
floor area:
(c)
Gasoline service stations.
[1]
Visual screening. A year-round buffer area must
be provided between the gasoline service station and neighboring uses
in accordance with the landscaping standards of the Mixed-Use Zone
regulations.
[2]
Separation distance. A gasoline service station
may not be located within 2,000 feet of another service station.
[3]
Minimum distance, pump to existing structures.
A fuel pump may not be located closer than 150 feet to an existing
occupied structure located off the site of the gasoline service station.
(d)
Theater, drive-in.
[1]
To protect the tranquility and quality of life
of existing residential uses in the vicinity of the proposed drive-in
theater, the hours of operation must be limited to the degree necessary
and/or adequate visual and sound buffers must be established.
(f)
Motel or hotel.
(g)
Public utility facility.
[1]
Public health and safety. Must not endanger the
public health or safety.
[2]
Protect property values. Must not unreasonably
reduce the value of abutting property without just compensation.
[3]
Prevent nuisances. Must prevent the emission of
nuisances, such as but not limited to noise, odors, dust, gas, fumes,
smoke, light, vibrations, and electrical interference, beyond the
boundaries of the site to the maximum extent practicable.
(h)
Age-restricted housing.
[1]
Location suitability. The location of the site
must allow it to be developed so that the residents of the project
will be able to function as part of the community and have pedestrian
access to services and facilities within the area.
[2]
Mixed use. If an aged-restricted housing component
is proposed as part of the project, it must be an essential element
of the mixed-use project and be designed to be an integrated part
of the overall development.
(i)
Commercial greenhouses.
[1]
The greenhouses and any related outdoor storage
or service areas or structures must be visually buffered from Route
1 and adjacent properties.
[2]
If the greenhouses will be internally lit between
9:00 p.m. and 6:00 a.m., the internal lighting may not be visible
from adjacent properties including public streets.
[3]
The noise resulting from the operation of the facility
as measured at the property line must be comparable with other uses
in the MU Zone during the period between 9:00 p.m. and 6:00 a.m.
[4]
The greenhouses and related storage and service
areas may not be located within 200 feet of any legally existing residential
use, inn, motel or hotel, hospital, or nursing home/convalescent center
on another lot.
(j)
Industry, light (greater than 20,000 square feet in gross floor
area), transportation terminal, warehousing and storage, or wholesale
business.
[1]
The building and any related outdoor storage or
service areas or structures must be visually buffered from Route 1
and adjacent properties by other uses allowed in the zone and/or by
a landscaped buffer strip.
[2]
If the area between this use and Route 1 is not
developed for another permitted use or special exception, it must
be maintained as a naturally vegetated buffer in addition to the provision
of a landscape planter strip.
[3]
The noise resulting from the operation of the facility
as measured at the property line must be comparable with other uses
in the MU Zone during the period between 9:00 p.m. and 6:00 a.m.
[4]
The use and related storage and service areas may
not be located within 200 feet for any legally existing residential
use, inn, motel or hotel, hospital, or nursing home/convalescent center
on another lot.
E.
Shoreland Overlay Zone OZ-SL — Mixed-Use Zone (MU).
(1)
Permitted uses.
(a)
Agriculture.
(b)
Art studio or gallery.
(c)
Dwellings, limited to the following:
[1]
Dwellings on lots of record as of April 1, 2004, if located
farther than 100 feet from the normal high-water line of any water
bodies, or the upland edge of a wetland.
[2]
Dwelling units on the upper floors of a mixed-use building is
served by public sewerage if located farther than 100 feet from the
normal high-water line of any water bodies, or the upland edge of
a wetland.
(d)
Religious use.
(e)
Home occupation, major.
(f)
Home occupation, minor.
(g)
Private assembly (which is not used for residential or overnight
occupancy).
(h)
Public facility.
(i)
Recreation, public open space.
(j)
Research and development.
(k)
Timber harvesting.
(l)
Energy storage system, residential.
[Added 4-11-2022]
(m)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(n)
Solar energy system, ground-mounted small-scale.
[Added 4-11-2022]
(2)
Special exception uses.
(a)
Accessory buildings, structures, and uses.
(b)
Boatyard.
(c)
Business and professional offices.
(d)
Commercial kennel.
(e)
Parking area.
(f)
Construction services.
(g)
Convalescent care facility.
(h)
Nursing care facility, long-term.
(i)
Day-care facility.
(j)
Residential care facility.
(k)
Funeral home.
(l)
Retail sales, convenience.
(m)
Retail sales (a single use not to exceed 50,000 square feet
in gross floor area).
(n)
Hospital.
(o)
Inn.
(p)
Commercial school (which is not used for residential or overnight
occupancy).
(q)
Public or private school (which is not used for residential
or overnight occupancy).
(r)
Mass transit station.
(s)
Motel.
(t)
Hotel.
(u)
Personal services.
(v)
Public utility facility.
(w)
Repair services.
(x)
Research and development.
(y)
Restaurant.
(z)
Recreation, selected commercial.
(aa)
Shop in pursuit of trade.
(bb)
Specialty food and/or beverage facility.
(cc)
Theater.
(dd)
Transportation terminal.
(ee)
Veterinary hospital.
(ff)
Warehousing and storage.
(gg)
Wholesale business.
(hh)
Solar energy system, ground-mounted medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
F.
Resource Protection Overlay Zone OZ-RP — Mixed-Use Zone (MU).
(2)
Special exception uses.
(a)
Accessory uses and buildings.
(b)
Agriculture.
(c)
Home occupations, major.
(d)
Home occupations, minor.
(e)
Public utility facility.
(f)
Dwelling, single-family (on lots of record as of April 1, 2004).
(g)
Solar energy system, ground-mounted small-, medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
A.
Purpose.
(1)
The purpose of the Mixed-Use - Badgers Island MU-BI Zone is
to provide opportunities for a wide variety of uses, including marine-related
activities, offices, restaurants, shops, residences and services,
to take advantage of a unique island setting located within walking
distance to both downtown Portsmouth and downtown Kittery, in which
water and sewer services are available to support development.
(2)
This zone is further intended to develop standards appropriate
for existing small lot sizes and street frontages to encourage investment
in buildings that will contribute to the revitalization of the greater
Kittery Foreside area while balancing business and residential interests
to keep property values up and maintain an urban residential quality
of life in the zone.
B.
Permitted uses. The following uses are permitted in the MU-BI Zone:
(1)
Accessory dwelling units.
(2)
Dwellings, multifamily 2-4 "limited."
[Amended 11-27-2023]
(3)
Dwellings, manufactured housing.
(4)
Dwelling, multifamily.
(5)
Dwellings, single-family.
(6)
Accessory buildings, structures, and uses.
(7)
Home occupations, major.
(8)
Home occupations, minor.
(9)
Inn.
(10)
Day-care facility.
(11)
Private assembly.
(12)
Public facility.
(13)
Public or private school.
(14)
Religious use.
(15)
Recreation, public open space.
(16)
Aquaculture.
(17)
Commercial fisheries/maritime activities (provided only incidental
cleaning and cooking of seafood occur at the site).
(18)
Commercial school.
(19)
Art studio or gallery.
(20)
Business and professional offices.
(21)
Conference center.
(22)
Personal service.
(23)
Restaurant (with the hours of operation limited to 5:00 a.m.
to 11:00 p.m., but excluding restaurants where ordering and/or pickup
of food may take place from a motorized vehicle).
(24)
Retail sales (excluding those with any outdoor sales and/or
storage).
(25)
Specialty food and/or beverage facility.
(26)
Boatyard.
(27)
Marina.
(28)
Mass transit station.
(29)
Mechanical services.
(30)
Energy storage system, commercial.
[Added 4-11-2022]
(31)
Energy storage system, residential.
[Added 4-11-2022]
(32)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(33)
Solar energy system, ground-mounted small-scale.
[Added 4-11-2022]
C.
Special exception uses. The following uses are permitted as special
exception uses in the MU-BI Zone:
D.
Standards.
(1)
The following space standards apply:
(a)
Minimum lot area per dwelling unit: 3,000 square feet.
[Amended 11-27-2023; 5-13-2024]
[1]
If more than 50% of the dwelling units will be affordable housing
units as defined by this code: 1,200 square feet.
(b)
Minimum lot size: 6,000 square feet.
(c)
Minimum street frontage: 50 feet.
(d)
Minimum front yard: five feet.
(e)
Minimum rear and side yards: 10 feet.
(f)
Maximum building height: 40 feet.
(h)
Minimum open space on the site: 40%. (Note: The Planning Board
may reduce the required open space to 30% where it is clearly demonstrated
that no practicable alternative exists to accommodate a water-dependent
use.)
(3)
Appropriate waterfront activity incentives. To encourage objectives
of the Comprehensive Plan to: 1) provide public access to the waterfront;
2) retain and expand commercial water-dependent uses; and 3) take
extraordinary steps to preserve the environmental quality of the shoreline
and tidal waters, the required setback from water bodies and wetlands
may be reduced to 25 feet where the Planning Board finds a development
plan significantly contributes to accomplishment of the above objectives
by satisfactorily achieving one or more of the following:
(a)
Public access. Grants an easement to the Town, or other acceptable
party, providing public access to the waterfront at no charge to the
general public via a developed accessible pedestrian route with appropriate
signage or includes an outdoor deck or patio for customer seating
at a restaurant open to the general public; or
(b)
Retain/expand commercial water-dependent uses. Provides for
inclusion of commercial water-dependent use(s) on the property for
the duration of the portion of the project that encroaches closer
than the normal minimum setback from water bodies and wetlands. Provision
of fewer than six boat slips for leisure/recreational boating do not
constitute a commercial water-dependent use for the purposes of this
section; or
(c)
Preserve the environmental quality of coastal resources. Protect
existing wildlife habitat, conserve shore cover and ensure the quality
of stormwater runoff by satisfying all of the following standards:
[1]
Retain and protect existing significant wildlife habitat that
provides food, cover and/or nesting for migratory song birds and wading
birds;
[2]
In order to conserve shore cover, contiguous areas of shrubberies
of varying height, such as dwarf species of barberry, serviceberry,
holly, crabapple, dogwood, cotoneaster, euonymus, firethorn and/or
rosa rugosa, as well as erosion-resistant ground cover plantings must
be retained and planted, and existing trees retained, wherever practicable
in the setback;
[3]
Implementation of a stormwater management plan endorsed by the
York County Soil and Water Conservation District (SCS), or the Town's
engineering peer review consultant, that treats stormwater with appropriate
BMPs and removes pollutants in accordance with the most-current edition
of the Maine Department of Environmental Protection BMP Manual, Stormwater
Management for Maine. Pollutants sought to be removed include suspended
solids, nitrates, hydrocarbons and heavy metals. Such special treatment
of the first flush of runoff may include detention, infiltration,
filtering and trapping of pollutants.
(4)
Special parking standards.
(a)
Revised off-street parking standards. Off-street parking must be provided in accordance with § 16.7.11F unless modified below for the following uses:
[1]
Dwellings: 1 1/2 parking space for each dwelling unit;
except for residential developments where more than 50% of the dwelling
units will be affordable as defined by this code, parking requirements
are reduced to two parking spaces per three dwelling units.
[Amended 11-27-2023]
[2]
Retail stores: one parking space for each 400 square feet of
gross floor area;
[3]
Drive-in restaurants, snack bars and fast-food outlets, but
excluding restaurants where ordering and/or pickup of food may take
place from a motorized vehicle: one parking space for every three
seats, but in no case less than four spaces;
[4]
Conference centers: one parking space for every 60 square feet
in the largest assembly or meeting room.
(b)
Joint-use parking. Required off-street parking may be satisfied
by the joint use of parking spaces by two or more uses if the applicant
can show that parking demand is nonconflicting and will reasonably
provide adequate parking for multiple uses without parking overflowing
into undesignated areas. Nonconflicting periods may consist of daytime
as opposed to evening hours of operation or weekday as opposed to
weekend hours of operation or seasonal variation in parking demand.
In making this determination under development plan review, the Planning
Board must consider the following factors:
[1]
Such joint parking areas must be held under ownership or under
terms of a contractual agreement that ensures such parking remains
available to all users of the shared parking spaces;
[2]
Analysis is based on a most frequent basis not a "worst case"
scenario;
[3]
Joint-use parking areas must be located within reasonable distance
to the uses served, but do not need to be located on the same parcel
as the uses served;
[4]
Ease and safety of pedestrian access to shared parking by the
users served, including any improvements or shuttle service necessary;
and
[5]
Such joint parking areas may not be located in residential zoning
districts.
(c)
Off-site parking. Required off-street parking for employee use
may be satisfied at off-site locations located within 1,000 feet measured
along lines of public access from the lot to be served, provided such
parking area is on other property owned by the applicant or under
terms of a contractual agreement that will ensure such parking remains
available to the use served.
(d)
Employee parking. Required off-street parking for employee use
may be satisfied at off-site locations greater than 1,000 feet from
the lot served upon a finding by the Planning Board that such parking
is practicable and will reasonably prevent overflow parking from occurring
on Badgers Island in undesignated locations. In making this determination
under development review, the Planning Board must consider the following
factors:
[1]
Such parking must be located within a reasonable distance to
the users.
[2]
Such parking area must be on other property of the applicant
or under terms of a contractual agreement that will ensure such parking
remains available to the use served.
[3]
Safe and convenient means of transporting users to and from
the off-site parking must be demonstrated by the applicant.
[4]
Such off-site parking area must not be located in residential zones of the Town. Off-site parking for use by employees may deviate from the dimensional standards contained in § 16.7.11F, Table 2, Parking Space Design, if the applicant can demonstrate that the proposal practicably accommodates the number of parking spaces proposed.
(e)
Parking demand management (PDM) strategies.
[Amended 5-13-2024]
[1]
Parking demand strategies are measures geared toward affecting
the demand side of the parking equation rather than the supply side.
They attempt to change people's behavior away from traveling
to work as a single occupant in an automobile to be parked near the
work site. To be successful, they must rely on incentives or disincentives
to make these shifts in behavior attractive to the traveler.
[2]
A portion of required off-street parking may be satisfied by
an owner incorporating PDM strategies to effectively reduce demand
for parking stalls as determined by the Planning Board. In making
this determination the Planning Board, under development plan review,
must consider the following factors:
[a]
The written commitment of the employer to maintain
and enforce parking policies to reduce demand for parking stalls;
[b]
The likelihood that specific incentives and policies
adopted by the applicant will reduce parking demand on a regular basis
throughout the year;
[c]
Written commitments by employees to participate
in PDM strategies; and
[d]
The results of any studies demonstrating the effectiveness
of strategies adopted by the applicant to reduce parking demand.
[3]
PDM strategies include, but are not limited to, the following:
[a]
Increase the number of persons per parked vehicle.
Potential incentives:
[b]
Increase the number of persons using an alternative
mode of travel to the automobile, such as walking, bicycling, motorcycle,
moped, bus and shuttle service. Potential incentives:
[i]
Preferential parking locations for alternative
modes of travel;
[ii]
Provision of changing rooms, lockers and showers;
[iii]
Early work release for employees using alternative
modes of travel;
[iv]
Financial subsidies toward the purchase of alternative
modes of travel to be used for commuting;
[v]
Guaranteed ride home programs in inclement weather;
[vi]
Preferential work station locations; and
[vii]
Free use of a business vehicle for errands, lunch
and off-site appointments.
[c]
Influencing the time of, or need to, travel to
work. Potential incentives:
E.
Shoreland Overlay Zone OZ-SL Mixed-Use — Badger's Island Zone
(MU-BI).
(1)
Permitted uses.
(a)
Aquaculture.
(c)
Recreation, public open space.
(d)
Research and development.
(e)
Mass transit station.
(f)
Energy storage system, residential.
[Added 4-11-2022]
(g)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(h)
Solar energy system, ground-mounted small-scale.
[Added 4-11-2022]
(2)
Special exception uses.
(a)
Accessory buildings, structures, and uses.
(b)
Art studio or gallery.
(c)
Boatyard.
(d)
Business and professional offices.
(e)
Commercial fisheries/maritime activities (provided only incidental
cleaning and cooking of seafood occur at the site).
(f)
Recreation, commercial indoor.
(g)
Recreation, commercial outdoor.
(h)
Day-care facility.
(i)
Retail sales (excluding those with any outdoor sales and/or
storage).
(j)
Home occupation, major.
(k)
Home occupation, minor.
(l)
Inn.
(m)
Marina.
(n)
Personal services.
(o)
Business services.
(p)
Public assembly area.
(q)
Public utility facility.
(r)
Restaurant (with the hours of operation limited to 5:00 a.m.
to 11:00 p.m., but excluding restaurants where ordering and/or pickup
of food may take place from a motorized vehicle).
(s)
Commercial school.
(t)
Public or private school.
(u)
Public facility.
(v)
Religious use.
(w)
Private assembly.
(x)
Specialty food and/or beverage facility.
(y)
Theater.
(z)
Solar energy system, ground-mounted medium- and large-scale
(under 20,000 square feet.)
[Added 4-11-2022]
A.
Purpose. The purpose of the Mixed-Use — Kittery Foreside MU-KF
Zone is to provide business, service and community functions within
the Mixed-Use — Kittery Foreside Zone and to provide a mix of
housing opportunities in the historic urbanized center of the community
and to allow for use patterns which recognize the densely built-up
character of the zone and the limitations for providing off-street
parking. Design standards are used to facilitate the revitalization
of downtown Kittery Foreside as a neighborhood center, while promoting
economic development of service businesses and walk-in shopping as
well as respecting the zone's historic and residential character.
B.
Permitted uses. The following uses are permitted in the MU-KF Zone:
(1)
Accessory dwelling units.
(2)
Dwelling, multifamily 2-4 "limited."
[Amended 11-27-2023]
(3)
Dwellings, single-family.
(4)
Dwellings, two-family.
(5)
Dwellings, multifamily.
[Amended 11-27-2023]
(6)
Convalescent care facility.
(7)
Nursing care facility, long-term.
(8)
Residential care facility.
(9)
Accessory buildings, structures, and uses.
(10)
Home occupation, major.
(11)
Home occupation, minor.
(12)
Inn.
(13)
Hospital.
(14)
Nursery school.
(15)
Private assembly.
(16)
Public facility.
(17)
Public or private school.
(18)
Religious use.
(19)
Recreation, public open space.
(20)
Commercial fisheries/maritime activities, provided only incidental
cleaning and cooking of seafood occur at the site.
(21)
Commercial school.
(22)
Art studio or gallery.
(23)
Business and professional offices.
(24)
Business service.
(25)
Personal service.
(26)
Public assembly area.
(27)
Restaurant.
(28)
Retail sales (excluding those where the principal activity entails
outdoor sales and/or storage).
(29)
Specialty food and/or beverage facility.
(30)
Theater.
(31)
Marinas.
(32)
Mass transit station.
(33)
Parking area.
(34)
Energy storage system, commercial.
[Added 4-11-2022]
(35)
Energy storage system, residential.
[Added 4-11-2022]
(36)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(37)
Solar energy system, ground-mounted small-scale.
[Added 4-11-2022]
D.
Standards.
(2)
Dimensional standards. The following space standards apply:
(a)
Minimum lot area per dwelling unit: 5,000 square feet.
[Amended 11-27-2023; 5-13-2024]
[1]
If more than 50% of the dwelling units will be affordable housing
units as defined by this code: 2,000 square feet.
(b)
Minimum lot size: 5,000 square feet.
(c)
Minimum street frontage: zero feet.
(e)
Minimum rear and side yards: 10 feet.
(f)
Minimum separation distance between principal buildings on the
same lot: 10 feet.
(g)
Maximum building height: 40 feet. (Note: Except that for buildings
located on lots that abut tidal waters, the highest point on the primary
structure of the building including the roof, but excluding chimneys,
towers, cupolas and similar appurtenances that have no floor area,
may be not more than 35 feet above the average grade between the highest
and lowest elevations of the original ground level adjacent to the
building.)
(h)
Minimum setback from:
[1]
Water body and wetland water-dependent uses: zero feet.
[2]
All other uses (including buildings and parking): 75 feet unless modified, according to the terms of § 16.4.25D(7) through § 16.4.25D(10).
(i)
Maximum building coverage: 60%.
(j)
Minimum open space on the site: 40%.
(3)
Maximum building footprint. The maximum area of the building
footprint of any new building is 1,500 square feet unless the building
is replacing a larger building that existed on the lot as of April
1, 2005.
(a)
If the footprint of the preexisting building was larger than
1,500 square feet, the maximum size of the footprint of the new building
may be no larger than the footprint of the preexisting building.
(b)
If the footprint of the new building is larger than 1,500 square
feet, the width of the new building as measured parallel to the front
lot line may not be greater than the width of the preexisting building.
(4)
Design standards. Any new building or additions or modifications to an existing building that cumulatively increases the building footprint or building volume by more than 30% after April 1, 2005, or is subject to shoreland overlay zoning as set forth in § 16.4.28 must conform to the following standards (note: this requirement does not apply to the replacement of a building destroyed by accidental or natural causes after April 1, 2005, that is rebuilt within the preexisting building footprint and that does not increase the preexisting building volume by more than 30%):
(a)
Placement and orientation of buildings within a lot.
[1]
The placement of buildings on the lot must acknowledge the uniqueness
of the site, the neighboring buildings, and the natural setting. Existing
views and vistas must be preserved in the design of the site and buildings,
and buildings must be placed to frame, rather than block, vistas.
[2]
Buildings and the front elevation must be oriented facing the
street on which the building is located. The siting of buildings on
corner lots must consider the placement of buildings on both streets.
(b)
Overall massing of buildings. The overall massing objective
is to simulate a concentrated use of space in the Foreside Zone while
avoiding the use of large, multiunit buildings. In the interest of
this objective, building footprints must not exceed the maximums set
forth within this subsection. Larger parcels may be developed but
will require the use of multiple buildings with smaller footprints.
The smaller scale of the buildings will allow new projects to fit
in with the existing architectural styles of the Foreside Zone.
(c)
Grouping of smaller buildings. When smaller buildings that are
part of one project are placed adjacent to one another on the same
lot or adjacent lots, each building must have its own structure and
elevation treatment that is different from its neighbor. Small decorative
wings may be attached to larger structures if well integrated into
the overall arrangement of shapes.
(d)
Building details. Buildings must include architectural details
that reflect the historic style of the Foreside Zone. Molding and
trim must be used to decorate or finish the surface of buildings and
doors. Eaves and overhangs should be incorporated into the design.
(e)
Roof slopes and shapes.
[1]
Allowable roof shapes include a simple gable, gambrel, saltbox
and hip. The minimum roof pitch must be 8:12 (rise over run), except
in the case of a hip roof, where a lesser pitch is acceptable.
[2]
The roof pitch of elements that link buildings or portions of
buildings must be the same or greater than the pitch of the roofs
on the buildings that are being linked.
[3]
Flat or nearly flat shed roofs are not allowed except for porches,
dormers or attachments distinct from the primary structure or where
systems are concealed by standard roof forms.
[4]
The roof pitch of additions or wings must be similar to the
pitch of the primary roof. Clusters of buildings must apply the same
roof plan principles to pitch and link roofs.
(f)
Fencing and walls.
[1]
Fencing may be used to separate public and private spaces, mark
property lines, and protect plantings.
[2]
Fences must harmonize with nearby structures and not unduly
interfere with existing scenic views or vistas.
[3]
Picket and other medium height fences and low stone walls are
permitted.
[4]
Modern concrete walls and similar structures are prohibited.
[5]
Chain-link and stockade fences are not appropriate in front
yards and may be used in side and rear yards only if compatible with
the overall design of the site.
[6]
Waste receptacles, dumpsters, exterior systems, service entrances
and similar areas must be screened with board fences, board and lattice
fences, and/or landscaping.
(g)
Utilities. All utilities serving a new building, including electricity,
telephone, cable, Internet and alarm systems must be placed underground
from the access pole.
(h)
Preservation of trees. Existing large, healthy trees must be
preserved if practical.
(5)
Signage. Display of signboard and/or products for sale may be
placed on a Town sidewalk only if:
(a)
Products for sale displayed outside the building are limited
to an area extending no greater than two feet from the front facade
of the building;
(b)
Signboards and/or products for sale must be removed from the
sidewalk at the close of each business day;
(c)
An annual permit must be obtained from the Code Enforcement
Officer. Permits are issued for a calendar year or portion thereof,
to expire December 31 of each year. Sign permit application fee, reference
Appendix A.
(6)
Special parking standards. The Kittery Foreside Zone is already
largely built up and many buildings either completely or almost completely
cover the lot on which they are located. Therefore, it is not possible
to comply with parking standards which would otherwise be required
for open land. To encourage the reuse of existing structures as far
as practical, the Town establishes special parking standards and conditions
within the zone.
(7)
Revised off-street parking standards. Insofar as practical, parking requirements are to be met on site unless an existing building covers so much of the lot as to make the provision of parking impractical in whole or in part. If meeting the parking requirements is not practical, then the parking demand may be satisfied off site or through joint-use agreements as specified herein. Notwithstanding the off-street parking requirements in § 16.7.11F(3), minimum parking requirements for the uses below are modified as specified herein:
[Amended 11-27-2023; 5-13-2024]
(a)
Dwelling units in buildings that existed as of April 1, 2005,
including the replacement of units destroyed by accidental or natural
causes regardless of how configured: one parking space per dwelling
unit;
(b)
Dwelling units in new buildings, including the replacement of
existing buildings other than the replacement of units destroyed by
accidental or natural causes: 1 1/2 parking spaces per dwelling
unit;
(c)
Dwelling units in buildings where more than 50% of the dwelling
units proposed will be affordable as defined by this code: two spaces
per three dwelling units.
(d)
Retail, business office or bank facilities: one parking space
for each 400 square feet of gross floor area;
(e)
Professional office: one parking space for each 300 square feet
of gross floor area;
(f)
Inn: one parking space for each guest room;
(g)
Church: none required, if primary use occurs on weekends;
(h)
Restaurants: one parking space for each 100 square feet of gross
floor area used by the public.
[Note: For each use in the zone, the total parking demand is calculated using the standards above or in § 16.7.11F(3), if not modified above. Then each nonresidential use is exempt from providing off-street parking for the first three required spaces. For uses requiring a demand of greater than three, then the off-street parking is to be provided on site and/or in accordance with Subsection D(9) and (10) of this section.]
(8)
Maximum parking on new impervious surface. Not more than 1 1/2
parking spaces per dwelling unit may be created on new impervious
surface in conjunction with the construction of a new or replacement
building. This restriction does not apply to parking spaces located
within the same building with the dwelling units, to spaces located
on preexisting impervious surface, or to spaces located on a pervious
surface such as parking pavers designed to allow infiltration of precipitation.
(9)
Off-site parking. Required off-street parking may be satisfied
at off-site locations, provided such parking is on other property
owned by the applicant or is under the terms of a contractual agreement
that will ensure such parking remains available for the uses served.
Applicant must present evidence of a parking location and a contractual
agreement to the Town Board or officer with jurisdiction to review
and approve.
(10)
Joint-use parking. Required off-street parking may also be satisfied
by the joint use of parking space by two or more uses if the applicant
can show that parking demand is nonconflicting and will reasonably
provide adequate parking for the multiple uses without parking overflowing
into undesignated areas. Nonconflicting periods may consist of daytime
as opposed to evening hours of operation or weekday as opposed to
weekends or seasonal variation in parking demand. In making this determination
under development plan review, the Planning Board is to consider the
following factors:
(a)
Such joint parking areas must be held under ownership of the
applicant or under terms of a contractual agreement that ensures such
parking remains available to all users of the shared parking spaces;
(b)
Analysis is to be based on a most frequent basis not a "worst
case" scenario;
(c)
Joint-use parking areas must be located within reasonable distance
to the use served, but do not need to be located on the same lot as
the uses served;
(d)
Ease and safety of pedestrian access to shared parking by the
users served, including any improvements or shuttle service necessary;
(e)
Such joint parking areas must not be located in residential
zones of the Town. The Planning Board must make a final determination
of the joint-use and/or off-site parking spaces that constitute an
acceptable combination of spaces to meet the required parking demand.
E.
Shoreland Overlay Zone OZ-SL — Mixed-Use — Kittery Foreside
Zone (MU-KF).
(1)
(2)
Special exception uses.
(a)
Art studio or gallery.
(b)
Business and professional offices.
(c)
Commercial fisheries/maritime activities, provided only incidental
cleaning and cooking of seafood occur at the site.
(d)
Parking area.
(e)
Home occupation, major.
(f)
Home occupation, minor.
(g)
Inn.
(h)
Marinas.
(i)
Personal services.
(j)
Business services.
(k)
Public assembly area.
(l)
Public utility facility.
(m)
Research and development;
(n)
Restaurant, coffee shop, bakery, cafes and similar food service
operations, but excluding drive-in facilities.
(o)
Retail sales, excluding those where the principal activity entails
outdoor sales and/or storage.
(p)
Mass transit station.
(q)
Specialty food and/or beverage facility.
(r)
Theater.
(s)
Solar energy system, ground-mounted medium- and large-scale
(under 20,000 square feet).
[Added 4-11-2022]
[Added 7-13-2022 as amended 4-11-2022[1]]
A.
Purpose:
to encourage investment that promotes development of a high-quality
park like setting for both the business and residential communities.
Mixed-use development must be used on larger tracts of land where
offices, retail sales, services, lodging, open space, housing and
light manufacturing space are blended with residential and moderate
entertainment to foster general business growth and a sense of community.
The intent of mixed-use development is to provide a more efficient
use of land than might be obtained through segregated development
procedures.
[Amended 5-13-2024]
B.
Permitted
uses. The following land uses are permitted for projects that are
cluster mixed-use developments:
(1)
Art
studio/gallery.
(2)
Building
materials and garden supply.
(3)
Business
and professional offices.
(4)
Business
services.
(5)
Parking
area (public or private).
(6)
Conference
center.
(7)
Conservation
subdivision.
[Amended 5-13-2024]
(8)
Dwelling,
multifamily 2-4 "limited" as follows:
[Added 11-27-2023]
|
Total Maximum Number of Units Allowed on Lot (Attached or Detached)
| ||
|---|---|---|
|
Number of Existing Units
|
Public Sewer and Water Available
|
Public Sewer and Water Not Available
|
|
0
|
4
|
2
|
|
1
|
3
|
3
|
|
2
|
2
|
2
|
(9)
Accessory dwelling units.
[Added 11-27-2023]
(10)
Light industry.
(11)
Mass transit station.
(12)
Mechanical services, excluding junkyard.
(13)
Motel, hotel, rooming house, inn.
(14)
Personal service.
(15)
Public assembly area, theater.
(16)
Public open space recreational uses, recreational facilities, and
selected commercial recreation.
(17)
Public utility facilities, including substations, pumping stations,
and sewage treatment facilities.
(18)
Repair services.
(19)
Research and development.
(20)
Restaurant.
(21)
Retail sales, and retail sales convenience store.
(22)
School (including day nursery), university, museum, hospital, municipal
or state building or use, church, or any other institution of an educational,
religious, philanthropic, fraternal, political or social nature.
(23)
Shops in pursuit of trade.
(24)
Veterinary hospital.
(25)
Warehousing and storage.
(26)
Wholesale businesses, excluding used car lots.
(27)
Specialty food and/or beverage facility.
D.
Special
exception uses: none.
E.
Standards. The following standards must be met unless modified per Chapter 16.10, Conservation Subdivision. Multiple-parcel development is subject to Chapter 16.6, Master Site Development Plan.
[Amended 5-13-2024]
(2)
Except
for mixed-use developments, the following space standards apply:
(a)
Minimum land area per dwelling unit: 10,000 square feet with sewer
service.
(b)
Minimum lot size: 120,000 square feet.
(c)
Minimum street frontage: 150 feet.
(d)
Minimum front yard: 50 feet.
(e)
Minimum rear and side yards: 30 feet*. (*Except as may be required
by the buffer provisions of this Code, and except where the side and/or
rear yards of the proposed nonresidential use abut a residential district
or use, in which case a minimum of 40 feet is required.)
(3)
Patios,
sheds, parking lots and golf courses must have a minimum setback of
50 feet from streams, water bodies, and wetlands.
(4)
Conservation subdivision. In a conservation subdivision, the above standards may be modified in accordance with the special provisions of Chapter 16.10, Conservation Subdivision, including there is no minimum lot size, and with the conditions that:
(a)
Minimum principal building separation as required by the Fire Chief,
but not less than 10 feet.
(5)
Other
standards.
(a)
Parking. All new or revised parking must be visually screened through
the use of landscaping, earthen berms, stone retaining walls, and/or
fencing from adjacent public streets and abutting properties (see
Design Handbook for appropriate examples).
(b)
Building design standards.
[1]
Kittery’s characteristic buildings reflect its historic seacoast
past. The primary architectural styles are New England colonial (such
as Cape Cod and Saltbox), Georgian, Federal, and Classical Revival.
New buildings must be compatible with Kittery’s characteristic
styles in form, scale, material, and color. The front elevation must
contain one or more of the following elements:
[2]
Strict imitation is not required. Design techniques must be used
to maintain compatibility with characteristic styles and still leave
enough flexibility for architectural variety. To achieve this purpose,
the following design standards apply to new and modified existing
building projects:
[a]
Exterior building materials and details. Building materials
and details strongly define a project’s architectural style
and overall character (see the Design Handbook for examples of acceptable
materials, building scale, and designs). “One-sided” schemes
are prohibited; similar materials and details must be used on all
sides of a building to achieve continuity and completeness of design.
Predominate exterior building materials must be of good quality and
characteristic of Kittery, such as horizontal wood board siding, vertical
wood boards, wood shakes, brick, stone or simulated stone, glass and
vinyl, or metal clapboard.
[b]
Roofs. A building’s prominent roofs must be pitched a
minimum of 4:12 unless demonstrated to the Planning Board’s
satisfaction that this is not practicable. The Board reserves the
right to evaluate such on each and all specific proposals. Acceptable
roof styles are gabled, gambrel, and hipped roofs. Shed roofs and
roof facades (such as “stuck on” mansards) are not acceptable
as prominent roof forms except as provided above. Flat roofs may be
considered in context where it can be demonstrated to the Planning
Board’s satisfaction that the structure is not obtrusive and
where visual impact can be shown to be minimal. The roof design must
screen or camouflage rooftop protrusions to minimize the visual impact
of air-conditioning units, air handler units, exhaust vents, transformer
boxes, and the like (see the Design Handbook for examples of appropriate
treatments).
[c]
Loading docks and overhead doors. Loading docks and overhead
doors must be located on the side or rear of the building and screened
from view from adjacent properties in residential use.
(c)
Landscaping standards. To achieve attractive and environmentally sound site design, and appropriate screening of parking areas, in addition to the landscaping standards contained in Chapters 16.4, 16.5, and 16.8, the following landscaping requirements apply to new and modified existing developments:
[1]
Landscape planter strip. Landscape planter strips, interior and exterior
to the project, are encouraged. A minimum of 40 feet in depth of vegetated
landscape buffer must be provided adjacent to all public right-of-way
lines that are common to parcel exterior boundary lines and include
the following landscape elements:
[a]
Ground cover. The entire landscape planter strip must be vegetated,
except for approved driveways, walkways, bikeways, and screened utility
equipment.
[b]
Streetside trees. In the event project development is to be
approved based on a development master plan, development standards
are to be applied to the land as defined by its perimeter, rather
than by the individual lots, tracts, and parcels into which the land
may be divided.
[i]
Development not based on a master development plan must, as
a minimum, provide one street tree for each 25 feet of street frontage.
[ii]
The trees may be spaced along the frontage or grouped or clustered
to enhance the visual quality of the site (see the Design Handbook
for examples). The trees must be a minimum 2.5-inch caliper, and be
at least 12 feet high at the time of planting. The species should
be selected from the list of recommended street trees in the Design
Handbook. Existing large healthy trees must be preserved if practical
and will count toward this requirement.
[c]
Planter strip. Shrubs and flowering perennials must be planted
at a minimum of 15 plants per 40 linear feet of street frontage unless
existing woodlands are being retained or such planting is inconsistent
with the retention of rural landscape features. The plant material
should be selected from a list of recommended materials in the Design
Handbook. The plants must be placed within the planter strip to enhance
the visual character of the site and augment natural features and
vegetation (see the Design Handbook for examples of appropriate treatments).
[2]
Outdoor service and storage areas. Facilities for waste storage such
as dumpsters must be located within an enclosure and be visually buffered
by fencing, landscaping, and/or other treatments (see Design Handbook
for examples of appropriate buffering).
(d)
Traffic and circulation standards. Sidewalks and roadways internal
to the parcel must provide adequate pedestrian and traffic circulation
both internally and externally, and provide safe and sufficient connectivity
to the surrounding neighborhoods (see the Design Handbook for appropriate
examples).
(e)
Open space standards. Open space must be provided as a percentage
of the total parcel area, including freshwater wetlands, water bodies,
streams, and setbacks. Twenty-five percent of each parcel, or individual
lot if applicable, must be designated as open space. Required open
space must be shown on the plan with a note dedicating it as “open
space.” The open space must be situated to create an attractive
environment on the site, minimize environmental impacts, and protect
significant natural features and resources. Where possible:
[1]
Editor's Note: This ordinance also repealed former § 16.4.26,
Mixed-Use-Neighborhood (MU-N).
A.
Purpose. The purpose of the Transportation — Maine Turnpike
Zone (T-MT) is to provide for the safe, effective, efficient and environmentally
compatible use of the right-of-way owned and operated by the Maine
Department of Transportation and the Maine Turnpike Authority as authorized
by the state, as well as for safe and environmentally compatible buffering
for the adjacent land uses along the right-of-way.
B.
Permitted uses. Permitted and special exception land uses include
the highway, information center and other uses as authorized by the
state.
C.
Special exception uses: none.
D.
Standards.
(2)
Dimensional standards.
(a)
Minimum land area per dwelling unit: not applicable.
(b)
Minimum lot size: not applicable.
(c)
Minimum street frontage: not applicable.
(d)
Minimum front yard: not applicable.
(e)
Maximum building coverage: not applicable.
(f)
Minimum rear and side yards: not applicable.
(g)
Maximum building height: 35 feet.
(h)
Minimum distance between principal buildings on the same lot:
not applicable.
(i)
Minimum setback from water bodies and wetlands: not applicable.
E.
Shoreland Overlay Zone OZ-SL — Transportation - Maine Turnpike
(T-MT).
A.
Purpose. The purpose of the Shoreland Overlay Zone OZ-SL is to further
the maintenance of safe and healthful conditions; to prevent and control
water pollution; to protect fish spawning grounds, aquatic life, bird
and other wildlife habitat; to protect buildings and lands from flooding
and accelerated erosion; to protect archaeological and historic resources,
to protect commercial fishing and maritime industries; to protect
freshwater and coastal wetlands; to control building sites, placement
of structures and land uses; to conserve shore cover and visual as
well as actual points of access to inland and coastal waters; to conserve
natural beauty and open space; and to anticipate and respond to the
impacts of development in shoreland areas.
B.
Authority. These provisions have been prepared in accordance with
the provisions of 38 M.R.S.A. §§ 435 to 449.
C.
Applicability and boundaries. The provisions of this section apply
to all uses, lots and structures within the following:
(1)
Shoreland Overlay Zone. Water body/wetland protection area 250
feet (OZ-SL-250 feet): Land areas within 250 feet, horizontal distance,
of the:
(2)
Shoreland Overlay Zone. Stream protection area 75 feet (OZ-SL-75
feet): Land areas within 75 feet, horizontal distance, of the normal
high-water line of a stream, exclusive of those areas within 250 feet
horizontal distance of the normal high-water line of a river or within
250 feet horizontal distance of the upland edge of a freshwater or
coastal wetland.
(a)
However, where a stream and its associated Shoreland Overlay
Zone area are located within 250 feet, horizontal distance, of the
above water bodies or wetlands, that land area will be regulated under
the provisions of the Shoreland Overlay Zone associated with that
water body or wetland.
(b)
Where uncertainty exists as to the exact location of the Shoreland
Overlay Zone boundary, the Planning Board, with expert consultation
as may be required, is the final authority as to location.
D.
Permitted and special exception land use. The permitted and special
exception uses in the Shoreland Overlay Zone section are allowed in
accordance with the land use standards established in the underlying
base zone in this chapter and land uses identified by the Mandatory
Shoreland Zoning Act, 38 M.R.S.A. §§ 435 to 449.
E.
Standards.
(1)
Minimum lot standards.
(a)
Minimum lot size by base zone, within the:
[1]
Residential-Village (R-V) Zone: 8,000 square feet.
[2]
Residential-Urban (R-U) Zone: 20,000 square feet.
[3]
Residential-Rural (R-RL), Residential-Suburban (R-S) and Residential-Kittery
Point Village (R-KPV) Zones: 40,000 square feet.
[4]
Commercial (C1), (C2), (C3), Industrial (IND), Business-Local
(B-L) and Business-Local 1 (B-L1) Zones: 60,000 square feet.
[5]
Residential-Rural Conservation (R-RLC) Zone: 80,000 square feet.
[6]
Business-Park (B-PK) Zone: 120,000 square feet.
[7]
Mixed-Use Badgers Island (MU-BI) Zone: 6,000 square feet.
[8]
Mixed-Use Kittery Foreside (MU-KF) Zone: 10,000 square feet.
(b)
Minimum net residential acreage per unit by base zone, within
the:
[Amended 11-27-2023]
[1]
Residential-Village (R-V) Zone: 8,000 square feet.
[2]
Business-Park (B-PK) Zone: 10,000 square feet.
[3]
Residential-Urban (R-U), Business-Local (B-L) and Business-Local
1 (B-L1) Zones: 20,000 square feet.
[4]
Mixed-Use (M-U), Residential-Rural (R-RL), Residential-Suburban
(R-S) and Residential-Kittery Point Village (R-KPV) Zones: 40,000
square feet.
[5]
Residential-Rural Conservation (R-RLC) Zone: 80,000 square feet.
[6]
Mixed-Use Badgers Island (MU-BI) Zone: 6,000 square feet. [NOTE:
3,000 square feet for the first two dwelling units.]
[7]
Mixed-Use Kittery Foreside (MU-KF) Zone: 10,000 square feet.
(c)
Minimum shore frontage by base zone per lot and dwelling unit.
[1]
Mixed-Use-Badgers Island (MU-BI): 25 feet.
[2]
Residential-Village (R-V), Residential Urban (R-U), and Mixed-Use
Kittery Foreside (MU-KF) Zones: 50 feet.
[5]
Residential-Rural Conservation (R-RLC) Zone (per lot and dwelling
unit): 250 feet.
[6]
The minimum shore frontage requirement for public and private
recreational facilities is the same as that for residential development
in the respective zone.
(2)
The total footprint of devegetated area must not exceed 20%
of the lot area located within the Shoreland Overlay Zone, except
in the following zones:
(a)
Mixed-use. Badgers Island (MU-BI) and Mixed-Use - Kittery Foreside
(MU-KF) Zones, where the maximum devegetated area is 60%. The Board
of Appeals may approve a miscellaneous appeal application to increase
allowable devegetated area in the Mixed-Use - Badgers Island (MU-B1)
Zone to 70% where it is clearly demonstrated that no practicable alternative
exists to accommodate a water-dependent use.
(b)
Commercial (C1, C-2, C-3), Business - Local (B-L and B-L1) and
Industrial (IND) Zones where the maximum devegetated area is 70%.
(c)
Residential. Urban (R-U) Zone where the lot is equal to or less
than 10,000 square feet, the maximum devegetated area is 50%.
(3)
Principal and accessory structures: setbacks and development.
(a)
All new principal and accessory structures [except certain patios and decks per § 16.4.28E(3)b] must be set back at least 100 feet, horizontal distance, from the normal high-water line of any water bodies, tributary streams, the upland edge of a coastal wetland, or the upland edge of a freshwater wetland, with the following exceptions:
[1]
In the Mixed Use - Badgers Island and Kittery Foreside Zones, the setback requirement is 75 feet, horizontal distance, from the normal high-water line of any water bodies, or the upland edge of a wetland, unless modified according to the terms of §§ 16.4.24D(1) through (6) and 16.4.25D
[2]
In the Resource Protection Overlay Zone, the setback requirement
is 250 feet, horizontal distance, except for structures, roads, parking
spaces or other regulated objects specifically allowed in the zone,
in which case the setback requirements specified above apply.
(b)
Accessory patios or decks no larger than 500 square feet in
area must be set back at least 75 feet from the normal high-water
line of any water bodies, tributary streams, the upland edge of a
coastal wetland, or the upland edge of a freshwater wetland. Other
patios and decks must satisfy the normal setback required for principal
structures in the Shoreland Overlay Zone.
(c)
If there is a bluff, setback measurements for principal structures,
water and wetland must be taken from the top of a coastal bluff that
has been identified on coastal bluff maps as being "highly unstable"
or "unstable" by the Maine Geological Survey pursuant to its "Classification
of Coastal Bluffs" and published on the most recent Coastal Bluff
Map. If the applicant and Code Enforcement Officer are in disagreement
as to the specific location of a "highly unstable" or "unstable" bluff,
or where the top of the bluff is located, the applicant is responsible
for the employment of a Maine-registered professional engineer, a
Maine-certified soil scientist, or a Maine state geologist qualified
to make a determination. If agreement is still not reached, the applicant
may appeal the matter to the Board of Appeals.
(d)
Public access to the waterfront must be discouraged through
the use of visually compatible fencing and/or landscape barriers where
parking lots, driveways or pedestrian routes abut the protective buffer.
The planting or retention of thorny shrubs, such as wild rose or raspberry
plants, or dense shrubbery along the perimeter of the protective buffer
is encouraged as a landscape barrier. If hedges are used as an element
of a landscape barrier, they must form a solid continuous visual screen
of at least three feet in height immediately upon planting.
(e)
On a nonconforming lot of record on which only a residential
structure exists, and it is not possible to place an accessory structure
meeting the required water body, tributary stream or wetland setbacks,
the Code Enforcement Officer may issue a permit to place a single
accessory structure, with no utilities, for the storage of yard tools
and similar equipment. Such accessory structure must not exceed 80
square feet in area nor eight feet in height and must be located as
far from the shoreline or tributary stream as practical and meet all
other applicable standards, including lot coverage and vegetation
clearing limitations. In no case will the structure be allowed to
be situated closer to the shoreline or tributary stream than the existing
principal structure.
(f)
The lowest floor elevation or openings of all buildings and
structures, including basements, must be elevated at least one foot
above the elevation of the 100-year flood, the flood of record or,
in the absence of these, the flood as defined by soil types identified
as recent floodplain soils.
(g)
Stairways or similar structures may be allowed with a permit
from the Code Enforcement Officer to provide shoreline access in areas
of steep slopes or unstable soils, provided the:
[1]
Structure is limited to a maximum of four feet in width;
[a]
Structure does not extend below or over the normal
high-water line of a water body or upland edge of a wetland (unless
permitted by the Department of Environmental Protection pursuant to
the Natural Resources Protection Act, 38 M.R.S.A. § 480-C);
and
[2]
Applicant demonstrates that no reasonable access alternative
exists on the property.
(h)
If more than one dwelling unit, principal governmental, institutional,
commercial or industrial structure or use, or combination thereof,
is constructed or established on a single parcel in the Shoreland
Overlay Zone, all dimensional requirements shall be met for each additional
dwelling unit, principal structure, or use.
A.
Purpose. The purposes of this zone are to further the maintenance
of safe and healthful conditions; prevent and control potential water
pollution sources; protect spawning grounds, fish, aquatic life, bird
and other wildlife habitat; and conserve shore cover, visual as well
as actual point of access to inland and coastal waters, and natural
beauty.
B.
Authority. These provisions have been prepared in accordance with
the provisions of 38 M.R.S.A. §§ 435 to 449.
C.
Applicability and boundaries. The provisions of this section apply
to all uses, lots and structures within areas where the existing conservation
and accessory development is consistent with the allowed uses for
this zone. The Resource Protection Overlay Zone includes areas where
development would adversely affect water quality, productive habitat,
biological ecosystems, or scenic and natural values. This includes
the following areas when they also occur within the limits of the
Shoreland Overlay Zone, exclusive of a stream protection area, except
currently developed areas and areas that meet the criteria for commercial
fisheries/maritime uses:
(1)
Waterfowl and wading bird habitat/water body related wetland
areas. Land areas within 250 feet, horizontal distance, of the upland
edge of freshwater wetlands, salt marshes and salt meadows, and wetlands
associated with rivers which are rated "moderate" or "high" value
waterfowl and wading bird habitat, including nesting and feeding areas
as identified as of December 31, 2008, and salt marshes and salt meadows
as identified as of January 1, 1973, by the Maine Department of Inland
Fisheries and Wildlife (MDIF&W). For the purposes of this section
"wetlands associated with rivers" means areas characterized by nonforested
wetland vegetation and hydric soils that are contiguous with a river
and have a surface elevation at or below the water level of the river
during the period of normal high water. "Wetlands associated with
rivers" are considered to be part of that river.
(2)
Steep slope areas.
(a)
Land areas that have two or more contiguous acres of land where
the slopes are 20% or greater; and
(b)
Land areas along rivers subject to severe bank erosion, undercutting
or riverbed movement; and
(c)
Land adjacent to tidal waters which are subject to severe erosion
or mass movement, such as steep coastal bluffs.
(3)
Independent wetland areas. Land areas of two or more contiguous
acres supporting wetland vegetation and hydric soils which are not
part of a freshwater or coastal wetland as defined and which are not
surficially connected to a water body during the period of normal
high water.
(4)
Floodplain areas. This includes areas along rivers, areas adjacent
to tidal waters, and other areas susceptible to flooding as defined
as being located within the 100-year floodplain as designated on the
FEMA Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the
flood of record or, in the absence of these, by soil types identified
as recent floodplain soils.
D.
Standards.
(2)
Dimensional standards such as front, side and rear yards, building
coverage, height and the like are the same as those in the underlying
zone.
(3)
Road construction and parking facilities are allowed in the
Resource Protection Overlay Zone only where no reasonable alternative
route or location is available outside the Resource Protection Overlay
Zone, in which case a permit or site plan or subdivision plan approval
is required by the Planning Board.
(4)
Clearing or removal of vegetation for uses, other than timber harvesting as limited per § 16.5.29, in a Resource Protection Overlay Zone, is prohibited within the strip of land extending 100 feet, horizontal distance, inland from the normal high-water line, except to remove safety hazards. Elsewhere in a Resource Protection Overlay Zone, the cutting or removal of vegetation is limited to that which is necessary for uses expressly authorized in the Resource Protection Overlay Zone.
A.
Purpose. The purpose of the Commercial Fisheries/Maritime Uses Overlay
Zone is to provide for the development and expansion of water-dependent
commercial fisheries/maritime activities. Commercial fisheries/maritime
activities and other areas suitable for functionally water-dependent
uses, considers:
(1)
Shelter from prevailing winds and waves;
(2)
Slope of the land within 250 feet, horizontal distance, of the
normal high-water line;
(3)
Depth of the water within 150 feet, horizontal distance, of
the shoreline;
(4)
Available support facilities, including utilities and transportation
facilities; and
(5)
Compatibility with adjacent upland uses.
B.
Authority. These provisions have been prepared in accordance with
the provisions of 38 M.R.S.A. §§ 435 to 449.
C.
Applicability and boundaries. The provisions of this section apply
to all uses, lots and structures within areas where the existing predominant
pattern of development is consistent with the allowed uses for this
overlay zone, where consistent with dimensional requirements of the
underlying base zone, and where the active use of lands, buildings,
wharves, piers, floats or landings with the principal intent of such
activity is the production of income by an individual or legal business
entity through the operation of a vessel(s) as shown on the Zoning
Map. The activity may be either a principal or accessory use, as defined
in this title.
D.
Permitted uses. Functionally water-dependent commercial fisheries/marine
activities.
E.
Special exception uses: none
F.
Standards. Dimensional standards of the underlying base and overlay
zone(s).
G.
Prohibited uses. All permitted uses in the base zones, including
R-KPV, R-U, R-S, IND and MU-KF, except as permitted herein.
