DIVISION 16 Northwesterly of Bypass and Outside Rural Zoning Districts [1]

[1]

Editor's Note: Former Division 16, adopted 3-4-1997 by Ord. No. 28-1997, which contained provisions for Industrial II Route 1 Bypass District, was repealed 6-7-2001 by Ord. No. 80-2001.

Sec. 102-621 Council adoption of Northwesterly of Bypass and Outside Rural Zoning District Regulations.

[Added 4-5-2022(3) ; amended 2-7-2023(6)]

The City Council, at its meeting of April 5, 2022, adopted the District Regulations for the following zoning districts identified in Division 16: Residential-4 (Res-4), Residential-5 (Res-5), Route 3 Rural (Rte 3-R), Swan Lake Avenue Mixed Use (SLA-MU), Outside Rural-1 (OR-1), Outside Rural-2 (OR-2), Residential 6 (Res-6), and certain Special Use Areas (SUA) that are located in the Outside Rural-1 and Outside Rural-2 zoning districts. The location of the above districts are identified on the Official City Zoning Map, as such was amended on April 5, 2022, and the boundaries of these same districts are described in Article IV, Description of Districts, in this Chapter. The Council, in adopting the regulations for the above zoning districts, concurrently repealed the standards for the following Zoning Districts identified in Article V of this Chapter: Division 2, General Purpose-A (GP-A), Division 4, Residential Agricultural I (RA-I), Division 5, Residential Agricultural II (RA-II), Division 20, Protection Rural (PR), Division 20.5, Protection Rural-2 (PR-2), Division 22, Residential Growth, and Division 26, Route 141 and Mill Lane Commercial. The Council also adopted amendments to the standards or district boundaries for the following zoning districts identified in Article V: Division 7, Residential II, Division 21, Airport Growth, Division 27, Route 137 Commercial, and Division 29, Searsport Avenue Commercial.

The City Council, at its meeting of February 7, 2023, adopted amendments to the Division 16 District Regulations it previously adopted on April 5, 2022. The February 7, 2023 amendments resulted in the following changes:

(1)

The name of Division 16 was changed from Outside Rural Zoning Districts to the Northwesterly of Bypass and Outside Rural Zoning Districts.

(2)

Three new zoning districts were included in Division 16, including: Route 3 Commercial (Rte 3 - Com), Office Park (OP), and Route 137 Mixed Use (Rte 137-MU).

(3)

The district standards for three zoning districts that were included in the originally adopted April 5, 2022 amendments were moved to Division 11, Eastside Zoning Districts. These zoning districts included: Residential-5 (Res-5), Residential-6 (Res-6), and Swan Lake Avenue Mixed Use (SLA-MU).

(4)

Several of the standards in the common Use Tables (Section 102-624) and Dimensional Tables (Section 102-633), as well as the accompanying footnotes (Sections 102-625 and 102-634), were amended.

Sec. 102-622 Standards that apply to the Northwesterly of Bypass and Outside Rural Zoning Districts.

[Added 4-5-2022(3) ; amended 2-7-2023(6)]

(a)

City Code of Ordinances, Subpart B, Land Use Regulations that apply to the Northwesterly of Bypass and Outside Rural and zoning districts include the following:

(1)

Chapter 66, General Provisions. This Chapter identifies the definitions for terms used in the City Code of Ordinances, Subpart B, Land Use Regulations.

(2)

Chapter 74, Buildings and Building Regulations. This Chapter identifies requirements of the City Building Code that apply to the construction of buildings that are permitted in Division 16.

(3)

Chapter 78, Floods. Provisions of Chapter 78, Floods, may apply to properties located in the zoning districts identified in this Division. Properties subject to requirements of Chapter 78 are identified on the Official Flood Insurance Rate Maps (FIRM) adopted by the City.

(4)

Chapter 82, Shoreland Zoning. Provisions of Chapter 82, Shoreland Zoning, may apply to properties located in the zoning districts identified in this Division. The adopted Official City Shoreland Zoning Map in Chapter 82 identifies properties that are subject to Chapter 82 requirements.

(5)

Chapter 86, Signs. The provisions of Chapter 86, Signs, apply to any person who proposes to install a sign on any property in any zoning district located in any Northwesterly of Bypass and Outside Rural zoning district.

(6)

Chapter 90, Site Plan. The provisions of Chapter 90, Site Plan, apply to any use in any Northwesterly of Bypass and Outside Rural zoning district that requires a Site Plan permit.

(7)

Chapter 94, Subdivisions (Ordinance provisions not codified). The provisions of Chapter 94, Subdivisions, apply to any use or property in any Northwesterly of Bypass and Outside Rural zoning district that qualifies as a subdivision.

(8)

Chapter 98, Technical Standards. The provisions of the Chapter 98, Technical Standards, apply to all new or expanded development of any use in any Northwesterly of Bypass and Outside Rural zoning district.

(9)

Chapter 102, Zoning. Applicable provisions of Chapter 102, Zoning, apply to all new or expanded development of any use or property in any Northwesterly of Bypass and Outside Rural zoning district.

(b)

Nonconforming Uses of Record. A use located in the Residential-4, Route 3 Rural, Outside Rural-1, and Outside Rural 2 districts of the Northwesterly of Bypass and Outside Rural zoning districts that existed prior to April 5, 2022, (original date of adoption of Division 16, Outside Rural amendments), or prior to February 7, 2023, (date of adoption of the Northwesterly of Bypass and Outside Rural amendments) in the Route 3 Commercial, Office Park, and Route 137 Mixed Use (previously named Route 137 Commercial) zoning districts, that is rendered nonconforming by the adoption of the Table of Uses in this Division, shall be considered a legally established nonconforming use of record. A legally established nonconforming use of record may continue and may expand, subject to compliance with the standards in this Division, the standards in Article III, Nonconformance, in this Chapter, and other applicable requirements in the City Code of Ordinances.

(c)

Prohibited uses. Only those uses specifically listed in the Section 102-624, Table of Uses, as a permitted use requiring Code Enforcement Officer review or a permitted use requiring Planning Board review are allowed in any Northwesterly of Bypass and Outside Rural zoning districts identified in Division 16. All other uses are prohibited.

Sec. 102-623 Introduction to Table of Uses.

[Added 4-5-2022(3) ; amended 2-7-2023(6)]

The Table of Uses in this Division, reference Section 102-624, identifies uses that are permitted in the following zoning districts for the Northwesterly of Bypass and Outside Rural area as such are shown on the Official City Zoning Map: Residential-4 (Res-4), Route 3 Rural (Rte 3-R), Route 3 Commercial (Rte 3-Com), Office Park (OP), Route 137 Mixed Use (Rte 137-MU), Outside Rural-1 (OR-1), Outside Rural-2 (OR-2), and certain Special Use Areas (SUA) that are located in the Outside Rural-1 or Outside Rural-2 zoning districts. Section 102-625 identifies Footnotes to the Use Table. The Footnotes, as such are described in Section 102-625, identify additional requirements that apply to certain uses identified in the Use Table. Footnotes are identified in the Table of Uses by the following designation: *[letter of alphabet, lower case].

Section 102-626, Special Use Areas (SUA), identifies certain properties located in the Outside Rural-1 or Outside Rural-2 zoning districts that the City has determined qualify to be used for certain potential additional uses compared to the underlying zoning district in which the properties are located. The identified properties were selected for designation as a Special Use Area (SUA) primarily because of the current or past use of the respective properties, and said uses not being a permitted use in the entirety of the respective zoning district.

Sections 102-627 through 628.5 identify supplemental standards that apply to certain uses and/or properties located in the Route 3 Commercial or Office Park zoning districts, as well as certain standards that apply to a portion of the property identified as Map 5, Lot 26; the property formerly identified as Map 5, Lot 31. Maps 1 through 3 included in this Division and in Article IV, Description of Districts, depict the areas and properties subject to these supplemental standards.

Sec. 102-624 Table of Uses for Northwesterly of Bypass and Outside Rural zoning districts.

[Added 4-5-2022(3) ; amended 2-7-2023(6)]

KEY
P	Permitted Use - No Permit Required
P-CEO	Permitted Use that requires CEO Review & Permit
P-PBR	Permitted Use that requires Planning Board review & permit
SU-CZ	Special Use - Contract Rezoning Approval required
SUA	Special Use Area in Outside Rural 1 or Outside Rural 2
P-LPI	Licensed Plumbing Inspector review & permit required
NO	Prohibited Use
State	Permit required from State Agency in lieu of City Permit

TABLE OF USES - NORTHWEST OF B YPASS OUTSIDE RURAL DISTRICTS
SECTION 102-624 TABLE OF USES, NORTHWEST OF BYPASS AND OUTSIDE RURAL DISTRICTS TYPE OF USE	RESIDENTIAL-4 (RES-4)	ROUTE 3 - RURAL (RTE 3-r)	OUTSIDE RURAL-1 (OR-1)	OUTSIDE RURAL-2 (OR-2)	ROUTE 3 COMMERCIAL (RTE 3-COM)	OFFICE PARK (OP)	ROUTE 137 MIXED USE (RTE 137-MU)
RESIDENTIAL USES
1) Dwelling, single-family	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
2) Dwelling, Accessory dwelling unit; See Footnote *[a]	P-CEO *[a]	P-CEO *[a]	P-CEO *[a]	P-CEO *[a]	P-CEO *[a]	P-CEO *[a]	P-CEO *[a]
3) Dwelling, two-family	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
4) Dwelling, Flex Housing	P-CEO or P-PBR [b] & [c]	P-CEO or P-PBR [b] & [c]	P-CEO or P-PBR [b] & [c]	P-CEO or P-PBR [b] & [c]	P-CEO or P-PBR [b] & [c]	P-CEO or P-PBR [b] & [c]	P-CEO or P-PBR [b] & [c]
5) Dwelling, multi-family (3 or more units in one structure). See Footnote *[c]	P-PBR [c] & [e]	P-PBR [c] & [d]	P-PBR [c] & [d]	P-PBR [c] & [d]	P-PBR [c] & [e]	P-PBR [c] & [e]	P-PBR [c] & [e]
6) Dwelling, multi-family in a residential planned unit development See Footnotes *[g]	P-PBR *[g]	P-PBR *[g]	P-PBR *[g]	P-PBR *[g]	P-PBR *[g]	P-PBR *[g]	P-PBR *[g]
7) Residential Planned unit development (PUD). See Footnote *[g]	P-PBR *[g]	P-PBR *[g]	P-PBR *[g]	P-PBR *[g]	P-PBR *[g]	P-PBR *[g]	P-PBR *[g]
8) Rural affordable housing development (PUD). See Footnote *[h]	P-PBR *[h]	P-PBR *[h]	P-PBR *[h]	P-PBR *[h]	NO	NO	NO
9) Manufactured housing on a chassis/mobile home	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
10) Manufactured housing (units on permanent foundation)	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
11) Manufactured housing community (units on chassis) or mobile home park. See Footnote *[i]	P-PBR *[i]	NO	P-PBR *[i]	P-PBR *[i]	NO	NO	NO
12) Accessory residential structures	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
13) Accessory residential uses	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
14) Accessory residential uses on the upper stories of nonresidential structures. See Footnote *[j]	P-CEO or P-PBR *[j]	P-CEO or P-PBR *[j]	P-CEO or P-PBR *[j]	P-CEO or P-PBR *[j]	P-CEO or P-PBR *[j]	P-CEO or P-PBR *[j]	P-CEO or P-PBR *[j]
15) Yard sales, residential held no more than 10 days in a calendar year	P	P	P	P	P	P	P
16) Home occupation class 1: Small scale. See Footnote *[k]	P *[k]	P *[k]	P *[k]	P *[k]	P *[k]	P *[k]	P *[k]
17) Home occupation class 2: Mid-scale. See Footnote *[k]	P-CEO *[k]	P-CEO *[k]	P-CEO *[k]	P-CEO *[k]	P-CEO *[k]	P-CEO *[k]	P-CEO *[k]
18) Home occupation class 3: Large scale. See Footnote *[k]	P-PBR *[k]	P-PBR *[k]	P-PBR *[k]	P-PBR *[k]	P-PBR *[k]	P-PBR *[k]	P-PBR *[k]
19) Owner-occupied boarding or owner-occupied lodging house with up to 3 borders or lodgers	P-PBR	P-PBR	P-PBR	P-PBR	P-CEO	P-CEO	P-CEO
20) Owner-occupied boarding or owner-occupied lodging house with 4 or more borders or lodgers	P-PBR	P-PBR	P-PBR	NO	P-PBR	P-PBR	P-PBR
21) Owner-occupied group home or owner-occupied hospice with a capacity of up to 8 residents	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR
22) Owner occupied group home or owner-occupied hospice with a capacity of 9 or more residents	P-PBR	NO	NO	NO	P-PBR	P-PBR	P-PBR
23) Group home with a capacity of up to 8 residents	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR
24) Group home with a capacity of 9 or more residents	P-PBR	NO	NO	NO	P-PBR	P-PBR	P-PBR
25) Up to 8 residents in the following: Congregate care, residential retirement housing, assisted living facility or hospice. [State defined Levels I, II and III Residential Care Facility and State defined Levels I, II and III Private Non-Medical Institution]	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR
26) Nine or more residents in the following: Congregate care, residential retirement housing, assisted living facility or hospice. [State defined Level IV Residential Care Facility, and State defined Level IV Private Non-Medical Institution]	P-PBR	NO	NO	NO	P-PBR	P-PBR	P-PBR
27) Bed and Breakfast, Class 1. See Footnote *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]
28) Bed and Breakfast, Class 2. See Footnote *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]
29) Bed and Breakfast Class 3. See Footnote *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]
30) Bed and Breakfast, Non-owner Occupied. See Footnote *[l]	P-PBR *[l]	P-PBR *[l]	NO	NO	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]
31) Emergency Shelter, as defined by City Ordinance	NO	NO	NO	NO	NO	NO	NO
32) Transitional Housing Facility, as defined by City Ordinance *[aaa]	NO	NO	NO	NO *[aaa]	NO	NO	NO
Reserved 33) - 44)
OFFICE, CHILD CARE, HEALTH CARE & VETERINARY USES
45) Professional offices and health care offices. See Footnote *[m] regarding size standards for a professional office	P-PBR *[m]	P-PBR *[m]	P-PBR *[m]	P-PBR *[m]	P-PBR [m] & [mm]	P-PBR [m] & [mm]	P-PBR [m] & [mm]
46) Health care facilities and hospitals	NO	NO	NO	NO	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
47) Nursing homes and Long-term care facilities	P-PBR	NO	NO	NO	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
48) Care facility, child care facility serving up 12 children. [State defined Small Childcare Facility for 3-12 children] *[vv]	P-PBR	P-PBR	P-PBR	P-PBR	P-CEO	P-CEO	P-CEO
49) Care facility, child care facility serving more than 12 children. [State defined Child Care Center] *[vv]	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
50) Care facility, youth and adult	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
51) Veterinary clinic and veterinary hospital	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
52) Animal kennel Class 1, includes day-time training facilities	P-PBR *[v]	P-PBR *[v]	P-PBR *[v]	P-PBR *[v]	NO	NO	NO
53) Animal kennel Class 2	P-PBR *[v]	P-PBR *[v]	P-PBR *[v]	P-PBR *[v]	NO	NO	NO
Reserved 54) - 69)
RETAIL, MOTOR VEHICILE, SERVICES, & REPAIR USES
70) Retail Store. See Footnote *[n] that identifies size standards that apply to a retail store in the respective zoning districts	NO	NO	NO	NO	P-PBR [n] & [mm] & [ll] & [nn]	P-PBR [n] & [mm] & [ll] & [nn]	P-PBR [n] & [mm]
71) Shopping centers, including mixed use development (service, retail, restaurant, and/or office in same complex. See Footnote *[o] that identifies size standards that apply to a Shopping Center	NO	NO	NO	NO	P-PBR [o] & [mm] & [ll] & [nn]	P-PBR [o] & [mm] & [ll] & [nn]	P-PBR [o] & [mm]
72) Commercial agricultural greenhouse or nursery: Sale of materials, plants or similar items commonly associated with landscaping activities	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
73) Farmers Market, indoor or outdoor, that may also include food and craft sales	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR [n] & [mm]	P-PBR [n] & [mm]	P-PBR [n] & [mm]
74) Medical Marijuana caregiver retail stores	NO	NO	NO	NO	P-PBR [n] & [cc] & *[mm]	P-PBR [n] & [cc] & *[mm]	P-PBR [n] & [cc] & *[mm]
75) Adult Use, Marijuana Retail Store	NO	NO	NO	NO	NO	NO	NO
76) Convenience store. Reference Footnote *[q] regarding size standards	NO	NO	NO	NO	P-PBR [q] & [mm] & *[ll]	NO	P-PBR [q] & [mm]
77) Redemption Centers for Beverage Containers	NO	NO	NO	NO	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
78) Motor vehicle, snowmobile, utility-terrain vehicle (UTV) and all-terrain vehicle (ATV) and similar repair business. Reference Footnote *[uu]	P-PBR *[uu]	P-PBR *[uu]	P-PBR *[uu]	P-PBR *[uu]	P-PBR *[mm]	NO	P-PBR *[mm]
79) Motor vehicle fuel sales	NO	NO	NO	NO	P-PBR *[mm]	NO	P-PBR *[mm]
80) Motor vehicle sales including automobiles, snowmobiles, utility-terrain vehicles (UTV) and all-terrain vehicles (ATV). Primary use	NO	NO	NO	NO	P-PBR *[mm]	NO	P-PBR *[mm]
81) Motor homes, heavy trucks, and related equipment sales, repairs and services	NO	NO	NO	NO	P-PBR *[mm]	NO	P-PBR *[mm]
82) Mobile home, manufactured home and modular home sales	NO	NO	NO	NO	P-PBR *[mm]	NO	P-PBR *[mm]
83) Personal services. Reference Footnote *[p] regarding size standards for a personal services business	P-PBR *[p]	P-PBR *[p]	P-PBR *[p]	P-PBR *[p]	P-PBR [p] & [o] & *[mm]	P-PBR [p] & [o] & *[mm]	P-PBR [p] & [o] & *[mm]
84) Service Business. See Footnote *[xx] regarding size standards that may apply to a service business	P-PBR *[xx]	P-PBR *[xx]	P-PBR *[xx]	P-PBR *[xx]	P-PBR *[xx] & [mm]	P-PBR *[xx] & [mm]	P-PBR *[xx] & [mm]
85) Lumber yards and building supply Store. See definition of a lumberyard and building supply store in Chapter 66, General Provisions	NO	NO	NO	NO	P-PBR *[tt] & [mm]	NO	NO
86) Laundromat	P-PBR	NO	NO	NO	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
87) Dry Cleaning (on-site)	NO	NO	NO	NO	P-PBR *[mm]	NO	P-PBR *[mm]
88) Funeral Home	P-PBR	NO	NO	NO	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
89) Mausoleum/crematory	P-PBR	NO	NO	NO	NO	NO	NO
Reserved 90) - 109)
RESTAURANT & LODGING USES
110) Hotel and motel	NO	NO	NO	NO	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
111) Campground excluding a Recreational Vehicle (RV) Park. Reference Footnote *[x]	NO	P-PBR *[x]	P-PBR *[x]	NO	NO	NO	NO
112) Campground, including a Recreational Vehicle (RV) park and including motor homes. Reference Footnote *[x]	NO	P-PBR *[x]	P-PBR *[x]	NO	NO	NO	NO
113) Restaurant, fast food	NO	NO	NO	NO	P-PBR [mm] & [ll]	NO	NO
114) Restaurant, formula	NO	NO	NO	NO	P-PBR [mm] & [ll]	NO	NO
115) Restaurant with indoor seating	NO	NO	NO	NO	P-PBR [mm] & [ll] & *[ss]	P-PBR [mm] & [ll]	P-PBR *[mm]
116) Restaurant with outdoor seating	NO	NO	NO	NO	P-PBR [mm] & [ll] & *[ss]	P-PBR [mm] & [ll]	P-PBR *[mm]
117) Restaurant, take out	NO	NO	NO	NO	P-PBR [mm] & [ll]	P-PBR [mm] & [ll]	P-PBR *[mm]
118) Restaurant with drive through window	NO	NO	NO	NO	P-PBR [mm] & [ll]	NO	NO
119) Restaurant, ice cream stand	NO	NO	NO	NO	P-PBR [mm] & [ll]	P-PBR [mm] & [ll]	P-PBR *[mm]
120) Lobster pound, and accessory fish/seafood processing	NO	NO	NO	NO	P-PBR [mm] & [ll]
Reserved 121) - 139)
INDUSTRIAL, MANUFACTURING, LABORATORY, WAREHOUSE, STORAGE & AQUACULTURE
140) Light industrial/Light manufacturing. Reference Footnote *[s] regarding size standards	NO	P-PBR *[s]	P-PBR *[s]	P-PBR *[s]	P-PBR [s] & [mm]	P-PBR [s] & [mm]	P-PBR [s] & [mm]
141) Manufacturing, processing and industrial activities, including retail sales. Reference Footnote *[t] regarding size standards	NO	NO	NO	NO	P-PBR [t] & [mm]	P-PBR [t] & [mm]	NO
142) Bituminous asphalt plant/mixing operations	NO	NO	NO	NO	NO	NO	NO
143) Contractor operations/storage, including interior and exterior storage of materials and equipment. Reference Footnote *[u] regarding size standards	P-PBR *[u]	P-PBR *[u]	P-PBR *[u]	P-PBR *[u]	P-PBR *[u]	P-PBR *[u]	P-PBR *[u]
144) Storage facility/warehouse. Reference Footnote *[r] regarding size standards	P-PBR *[r]	P-PBR *[r]	P-PBR *[r]	P-PBR *[r]	P-PBR [r] & [mm]	P-PBR [r] & [mm]	P-PBR [r] & [mm]
145) Storage, self-storage facility	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
146) Storage tanks for petroleum products, including propane for sale	NO	NO	NO	NO	NO	NO	NO
147) Boat building, boat repair, boat retrofitting or boat storage, including allowing limited onsite sales as an accessory use	P-PBR *[y]	P-PBR *[y]	P-PBR *[y]	P-PBR *[y]	P-PBR [y] & [mm]	NO	P-PBR [y] & [mm]
148) Research laboratory	NO	NO	NO	NO	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
149) Medical Marijuana testing facilities. Reference Footnote *[cc] regarding standards that apply to a Medical Marijuana facility	P-PBR *[cc]	P-PBR *[cc]	P-PBR *[cc]	P-PBR *[cc]	P-PBR [cc] & [mm]	P-PBR [cc] & [mm]	P-PBR [cc] & [mm]
150) Medical Marijuana manufacturing facilities. Reference Footnote *[cc] regarding standards that apply to a Medical Marijuana facility	P-PBR *[cc]	P-PBR *[cc]	P-PBR *[cc]	P-PBR *[cc]	P/RXPin.xmlP-PBR [cc] & [mm]	P-PBR [cc] & [mm]	P-PBR [cc] & [mm]
151) Adult Use Marijuana Cultivation, Tier 1. Reference Footnote *[dd] regarding standards that apply to an Adult Use Marijuana activity	P-CEO *[dd]	P-CEO *[dd]	P-CEO *[dd]	P-CEO *[dd]	P-CEO *[dd]	P-CEO *[dd]	P-CEO *[dd]
152) Adult Use Marijuana Cultivation, Tier 2. Reference Footnote *[dd] regarding standards that apply to an Adult Use Marijuana activity	P-PBR *[dd]	P-PBR *[dd]	P-PBR *[dd]	P-PBR *[dd]	P-PBR [dd] & [mm]	P-PBR [dd] & [mm]	P-PBR [dd] & [mm]
153) Adult Use Marijuana Cultivation, Tier 3. Reference Footnote *[dd] regarding standards that apply to an Adult Use Marijuana activity	NO	NO	NO	NO	NO	NO	NO
154) Adult Use Marijuana Cultivation, Tier 4. Reference Footnote *[dd] regarding standards that apply to an Adult Use Marijuana activity	NO	NO	NO	NO	NO	NO	NO
155) Adult Use, Marijuana Cultivation Nursery. Reference Footnote *[dd] regarding standards that apply to an Adult Use Marijuana activity	P-PBR *[dd]	P-PBR *[dd]	P-PBR *[dd]	P-PBR *[dd]	P-PBR [dd] & [mm]	P-PBR [dd] & [mm]	P-PBR [dd] & [mm]
156) Adult Use, Marijuana Testing Facility. Reference Footnote *[dd] regarding standards that apply to an Adult Use Marijuana activity	P-PBR *[dd]	P-PBR *[dd]	P-PBR *[dd]	P-PBR *[dd]	P-PBR [dd] & [mm]	P-PBR [dd] & [mm]	P-PBR [dd] & [mm]
157) Adult Use, Marijuana Manufacturing Facility. Reference Footnote *[dd] regarding standards that apply to an Adult Use Marijuana activity	P-PBR *[dd]	P-PBR *[dd]	P-PBR *[dd]	P-PBR *[dd]	P-PBR [dd] & [mm]	P-PBR [dd] & [mm]	P-PBR [dd] & [mm]
158) Aquaculture, Land-Based	NO	NO	P-PBR	NO	NO	NO	NO
159) Aquaculture, Freshwater	NO	NO	P-PBR	NO	NO	NO	NO
160) Aquaculture, Marine	NO	NO	NO	NO	NO	NO	NO
161) Aviation and uses accessory to aviation	NO	NO	NO	NO	NO	NO	NO
Reserved 162) - 179)
AGRICULTURE & NATURAL RESOURCE USES
180) Commercial agricultural, dairy and horticultural activities, including you-pick operations. Also reference Uses 181) and 184) below	P-PBR	P-PBR	P-CEO	P-CEO	P-PBR	P-PBR	P-CEO
181) Farm Stand and/or Craft Sales as an Accessory Use to an Agricultural Use	P-PBR	P-PBR	P-CEO	P-CEO	P-PBR	P-PBR	P-CEO
182) Commercial Poultry. (Refer to Chapter 66, Definition)	NO	NO	P-PBR	NO	NO	NO	NO
183) Commercial Piggeries. (Refer to Chapter 66, Definition)	NO	NO	P-PBR	NO	NO	NO	NO
184) Accessory Uses to Commercial Agriculture. An operating agricultural use may operate a small campground (No RVs) or an outside event activity, subject to Performance Standards identified in Division. (Note: YTBD - Performance Standards have not yet been prepared as of 4-5-22.)	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR	NO	P-PBR
185) Domestic chickens - Reference City Code of Ordinances, Chapter 10, Animals, Article III, Domesticated Chickens	P-CEO	P	P	P	P-CEO	P-CEO	P-CEO
186) Slaughterhouse	NO	NO	P-PBR	NO	NO	NO	NO
187) Horses and horse barns/Stables	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR
188) Animal breeding, husbandry	P-PBR	P-PBR	P-CEO	P-CEO	P-PBR	P-PBR	P-CEO
189) Tree farm (Including on-site sales)	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR
190) Forestry: Woodlot management and timber harvesting. Reference State Permitting requirements from DEP	State	State	State	State	State	State	State
191) Forestry: Commercial firewood processing	NO	P-PBR	P-PBR	P-PBR	P-PBR *[mm]	NO	P-PBR *[mm]
Reserved 192) - 209)
UTILITIES
210) Stealth telecommunications facilities. Reference Footnote *[ff] regarding standards that apply to a Stealth Telecommunication Facility	P-PBR *[ff]	P-PBR *[ff]	P-PBR *[ff]	P-PBR *[ff]	P-PBR *[ff]	P-PBR *[ff]	P-PBR *[ff]
211) Minor telecommunications facilities including co-location on existing structures. Reference Footnote *[ff] regarding standards that apply to a Minor Telecommunication Facility	P-CEO *[ff]	P-CEO *[ff]	P-CEO *[ff]	P-CEO *[ff]	P-CEO *[ff]	P-CEO *[ff]	P-CEO *[ff]
212) Telecommunications facilities. Reference Footnote *[ff] regarding standards that apply to a Telecommunication Facility	P-PBR *[ff]	P-PBR *[ff]	P-PBR *[ff]	P-PBR *[ff]	P-PBR *[ff]	P-PBR *[ff]	P-PBR *[ff]
213) Small Wireless Facility (as defined by State Statute)	P	P	P	P	P	P	P
214) Essential Services. Also see 215) below	P	P	P	P	P	P	P
215) Power Generation & Substations, Phase 3 Power Transmission Lines, & natural gas line facilities. Reference Footnote *[gg] for standards that apply	P-PBR *[gg]	P-PBR *[gg]	P-PBR *[gg]	P-PBR *[gg]	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
216) Solar Energy Systems, Large-Scale, ground-mounted. Reference Footnote *[ee] for standards that apply	P-PBR *[ee]	P-PBR *[ee]	P-PBR *[ee]	P-PBR *[ee]	P-PBR *[ee]	P-PBR *[ee]	P-PBR *[ee]
217) Solar Energy Systems, Small-Scale and Medium-Scale, ground-mounted and roof-mounted. Reference Footnote *[ee] for standards that apply	P-CEO *[ee]	P-CEO *[ee]	P-CEO *[ee]	P-CEO *[ee]	P-CEO *[ee]	P-CEO *[ee]	P-CEO *[ee]
218) Solar Energy Systems, Large-Scale, roof-mounted. Reference Footnote *[ee] for standards that apply	P-CEO *[ee]	P-CEO *[ee]	P-CEO *[ee]	P-CEO *[ee]	P-CEO *[ee]	P-CEO *[ee]	P-CEO *[ee]
219) Wind Generation - Turbines (Commercial)	NO	NO	NO	NO	NO	NO	NO
220) Wind Generation - Turbines (Residential)	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
221) Hydroelectric Power Generation facilities	NO	NO	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR
Reserved 222) - 239)
PUBLIC, SCHOOLS, COMMUNITY FACILITIES, PERFORMANCE FACILITIES & RECREATION
240) Municipal uses deemed necessary by the City Council for which the Council shall hold a public hearing with 10 days' public notice given	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
241) Quasi-public and non-municipal public uses. Reference Footnote *[z]	P-CEO or P-PBR *[z]	P-CEO or P-PBR *[z]	P-CEO or P-PBR *[z]	P-CEO or P-PBR *[z]	P-CEO or P-PBR *[z]	P-CEO or P-PBR *[z]	P-CEO or P-PBR *[z]
242) Public park	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
243) Public parking facility	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR
244) School, public	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
245) School, private/parochial/charter	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
246) Community center	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
247) Social club	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
248) Museum	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
249) Convention center	NO	NO	NO	NO	NO	P-PBR *[mm]	NO
250) Theater/Performing arts center	NO	NO	NO	NO	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
251) Theater, outdoor and event facilities. Permitted as an accessory use to a residential or agricultural use. Reference Footnote *[bb] regarding this use	P-PBR *[bb]	P-PBR *[bb]	P-PBR *[bb]	P-PBR *[bb]	P-PBR *[bb]	P-PBR *[bb]	P-PBR *[bb]
252) Recreational facility, indoor (public or private)	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
253) Recreational facility, outdoor, excluding motorized vehicles	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
254) Recreational facility, outdoor, including motorized vehicles	NO	NO	NO	NO	NO	NO	NO
255) Recreational or community activities	P-CEO	P-CEO	P-CEO	P-CEO	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]
256) Shooting or rifle range (public allowed)	NO	NO	P-PBR	NO	NO	NO	NO
257) Drive-in movie theater	NO	NO	NO	NO	NO	NO	NO
258) Amusement park	NO	NO	NO	NO	NO	NO	NO
Reserved 259) - 279)
MISCELLANEOUS USES
280) Accessory non-residential structure if the principal structure was subject to review by Code Enforcement Officer	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
281) Accessory non-residential structure if the principal structure was subject to review by the Planning Board	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR
282) Accessory non-residential use in which the principal use was subject to review by the Code Enforcement Officer	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
283) Accessory non-residential uses in which the principal use was subject to review by the Planning Board. (Permitted uses or expansions of legally established nonconforming uses). NOTE - Article IX Nonresidential Development Standards may apply to a Permit Application	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR
284) Marinas and marina related service businesses	NO	NO	NO	NO	NO	NO	NO
285) Docks, floats and similar uses that occur below the normal high water mark. This use also requires review by the Harbor Committee pursuant to Chapter 82, Shoreland Zoning	NO	NO	P-PBR	NO	NO	NO	NO
286) Water borne transportation and recreation	NO	NO	P-PBR	NO	NO	NO	NO
287) Fill, loam, sand, and gravel extraction operations provided the operation does not include the removal of bedrock material through blasting or any other mechanical means or the crushing or further processing of such bedrock material	NO	P-PBR [pp] & [aa]	P-PBR *[aa]	P-PBR *[aa]	NO	NO	NO
288) Fill, loam, sand, gravel extraction, excluding bedrock, with restrictions on extent of area to be extracted at one time, and establishment of a continuing reclamation and reforestation program	NO	P-PBR *[aa]	P-PBR *[aa]	P-PBR *[aa]	NO	NO	NO
289) Fill activities that involve the addition or removal of at least 25 cubic yards of fill, but less than 100 cubic yards of material	P	P	P	P	P	P	P
290) Fill activities that involve the addition or removal of 100 cubic yards or more of material	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
291) Septage, storage and spreading	NO	NO	P-PBR	NO	NO	NO	NO
292) Junkyards, including auto graveyards	NO	NO	NO *[qq]	NO	NO	NO	NO
293) Significant Groundwater Well	NO	P-PBR *[hh]	P-PBR *[hh]	NO	P-PBR *[hh]	NO	P-PBR *[hh]
294) Significant Water Intake or Significant Water Discharge/Outfall Pipe	NO	NO	P-PBR *[ii]	NO	NO	P-PBR *[ii]	P-PBR *[ii]
Reserved 295) - 310)
SPECIAL USES & CONTRACT REZONING AGREEMENTS
311) Special Use Areas	N/A	N/A	P-PBR *[jj]	P-PBR *[jj]	N/A	N/A	N/A
312) Special Uses that Require City Review Pursuant to Contract Rezoning	NONE	NONE	NONE	NONE	See 312.1) Below	NONE	NONE
312.1) Map 5/Lot 23A, DMK Development, October 1, 2019, and subsequent amendments. Contract to allow a Tractor Supply Store. Contract available at Planning and Codes Department	N/A	N/A	N/A	N/A	Map 5/Lot 23A	N/A	N/A
Reserved 313) - 339)
*USES SPECIFIC TO CHAPTER 82, SHORELAND [yy]**
340) Nonintensive recreational uses not requiring structures, such but not limited to hunting, fishing and hiking	P	P	P	P	P	P	P
341) Motorized vehicular traffic on existing roads and trails	P	P	P	P	P	P	P
342) Clearing of Vegetation for Development	P	P	P	P	P	P	P
343) Fire Prevention Activities	P	P	P	P	P	P	P
344) Wildlife Management Practices	P	P	P	P	P	P	P
345) Soil and Water Conservation Practices	P	P	P	P	P	P	P
346) Mineral Exploration	CEO	CEO	CEO	CEO	CEO	CEO	CEO
347) Surveying and Resource Analysis	P	P	P	P	P	P	P
348) Emergency Operations	P	P	P	P	P	P	P
349) Conversion of Seasonal Residences to Year-Round Residences	LPI (CEO)	LPI (CEO)	LPI (CEO)	LPI (CEO)	LPI (CEO)	LPI (CEO)	LPI (CEO)
350) Service Drops to Allowed Uses	P	P	P	P	P	P	P
351) Private Sewage Disposal Systems of Allowed Uses	LPI (CEO)	NO	LPI (CEO)	LPI (CEO)	LPI (CEO)	LPI (CEO)	LPI (CEO)
352) Road and Driveway Construction	CEO	CEO	CEO	CEO	CEO	CEO	CEO
353) Small Nonresidential Facilities for Educational, Scientific, or Nature Interpretation Purposes	P	P	P	P	P	P	P

NOTES TO TABLE
Refer to Chapter 82, Shoreland Zoning, Table of Uses for a complete list of uses allowed in the Shoreland Zone.

Sec. 102-625 Footnotes to Use Table for Northwesterly of Bypass and Outside Rural zoning districts.

[Added 4-5-2022(3) ; amended 2-7-2023(6); 3-18-2025(1) ]

The Footnotes in Section 102-625 apply to the Use Table for the Northwesterly of Bypass and Outside Rural area; reference Section 102-624, Table of Uses. The Footnotes identify specific provisions that apply to certain uses identified in the Use Table, and are intended to make persons aware of said provisions. The respective Footnotes, however, do not identify all Ordinance standards that may apply to a specific use, and all persons must review all provisions in the City Code of Ordinances to determine the applicability of other requirements. The Footnotes appear next to the information that is subject to the Footnote, and are shown in the Use Table as follows: *[letter of alphabet, lower case].

*[a]

Reference performance standards for an accessory dwelling unit in a detached structure. Chapter 102, Zoning, Article IX, Performance Standards, Division 6, Supplemental Performance Standards for an Accessory Dwelling Unit in a Detached Structure.

*[b]

Footnote *[b] references density standards that apply to a Dwelling, Flex Housing project that are identified in the Dimensional Standards Table (Section 102-633) for each respective zoning district. The density standard establishes a formula to identify the amount and type of housing development that can occur on a property. The formula is based on the following factors: the size (net area) of the lot (as calculated based on net developable acreage), the number of dwelling units, the number of dwelling structures, and the method used to manage wastewater, public sewer or a subsurface wastewater disposal system. In all cases, the maximum number of dwelling units that can be located in any single structure in a flex housing project is four dwelling units. Chapter 90, Site Plans, Article V, Board Review of a Multi-Family Housing or Flex Housing Project, identifies the process for Planning Board review of a Flex Housing project, and all Flex Housing projects must comply with the Chapter 102, Zoning, Article IX, Performance Standards, Division 7, Supplemental Performance Standards for a Multi-family Housing or Flex Housing Project. Certain Flex Housing projects are also subject to Planning Board review pursuant to the Chapter 102, Zoning, Article VI, Planned Unit Development standards. An applicant, when a permit application is submitted, must declare if the proposed development is a multi-family or a flex housing project, which shall affirm the standards in the City Code of Ordinances that shall apply to the project.

*[c]

Also reference performance standards for multi-family housing; Chapter 102, Zoning, Article IX, Performance Standards, Division 7, Supplemental Performance Standards for a Multi-family Housing or Flex Housing Project.

*[d]

Multi-family housing is limited to the construction of tri-plex (three units in one structure) or four-plex (four units in one structure) structures. The density standards for Dwelling, Multi-family that use a subsurface system to manage wastewater are identified in the Dwelling, Flex Housing standard; reference lot size and density standards in the Dimensional Standards Table in this Division for the respective Northwesterly of Bypass and Outside Rural zoning district.

*[e]

Multi-family housing shall be considered a distinct and separate use from Flex Housing. Multi-family housing shall be regulated pursuant to the density standards in the Dimensional Standards Table for each respective zoning district, and other provisions in the City Code of Ordinances that apply to a Multi-family housing project. An applicant, when a permit application is submitted, must declare if the proposed development is a multi-family or a flex housing project, which shall affirm the standards in the City Code of Ordinances that shall apply to the project.

*[f]

Reference Chapter 102, Zoning, Article VI, Planned Unit Development, Division 1, Residential Planned Unit Development.

*[g]

Flexibility is permitted regarding the types of multi-family housing and flex housing that can be constructed in a residential Planned Unit Development. In zoning districts in which multi-family housing is not a permitted use, a Planned Unit Development shall allow the construction of a structure that has more than four dwelling units (maximum number of units in one structure in a flex housing project), subject to the project complying with the overall density standards that apply to the number of dwelling units that can be constructed on a property pursuant to the respective flex housing standards. Reference the density standards in the Dimensional Standards Table for each respective zoning district, and reference standards in Chapter 102, Zoning, Article VI, Planned Unit Development, Division 1, Residential Planned Unit Development.

*[h]

Reference Chapter 102, Zoning, Article VI, Planned Unit Development, Division 2, Rural Affordable Housing Communities. A maximum of four dwelling units is permitted in any single structure located in a Rural Affordable Housing Planned Unit Development.

*[i]

A manufactured housing community must comply with standards identified in Chapter 102, Article VIII, Supplemental District Regulations, Division 4, Manufactured Housing Communities, and other applicable requirements in the City Code of Ordinances.

*[j]

Residential development in the upper stories of a structure is permitted if the amount of development complies with density standards for a respective zoning district identified in the Dimensional Standards Table.

*[k]

Reference the Division 1.5, Performance Standards for Home Occupations, identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations.

*[l]

Reference standards identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 6, Bed and Breakfast Establishments.

*[m]

Professional Offices and Health Care Offices.

If a professional office and/or health care use is identified as a permitted use, the maximum size of a building/structure in which a professional office or health care office is located shall be as follows in the following zoning districts:

In the Outside Rural-1 and Outside Rural-2 zoning districts, a professional office or health care office can be a maximum of 2,000 square feet in size.

In the Route 3 Rural and Residential 4 districts, a professional office or health care office can be a maximum of 4,000 square feet in size.

There is no maximum size limit on a professional office or health care office in the Route 3 Commercial, Office Park, or Route 137 Mixed Use zoning districts.

Notwithstanding the above, if a professional office or health care office is located in a building/structure that is used (qualifies) as a shopping center, and there is a limit on the size of a structure in which said uses are located, this standard could affect the total amount of professional office or health care office space that can be developed in that building, and in some cases, on that property. Reference footnote *[o] below that establishes certain limits on the maximum size of a building in a shopping center occupied by multiple uses in certain zoning districts.

*[n]

If a retail use is identified as a permitted use, the maximum size of a retail use shall be as follows in the following identified zoning districts:

Repealed on February 7, 2023.

In the Route 137 Mixed Use zoning district, the maximum size of a single retail use or multiple retail uses in any single structure shall be 20,000 square feet.

In the Office Park zoning district, the following maximum size standards shall apply to a retail use:

On properties identified as Map 5, Lot 5, and Map 5, Lot 7 (as such were depicted on the City Tax Assessor Maps in effect on April 1, 2018), the following standards shall apply: the maximum size of any single retail use shall be 4,000 square feet, there shall be a maximum of three retail uses in any single structure, there shall be a maximum of one structure on any property that is used for a retail use, and any retail use must comply with the Article IX, Nonresidential Development Standards for the Office Park District. Other uses permitted in the Office Park District may occur on either of the above two properties in addition to (in combination with) an allowed retail use.

Notwithstanding the above provisions, the property identified as Map 5, Lot 7, may be permitted to develop a greater amount of retail use pursuant to provisions in Chapter 102, Zoning, Article X, Contract Rezoning, Division 2, Route 3 Commercial and Office Park Districts.

On properties identified as Map 5, Lots 29, 29-B, and 31 and the portion of Map 5, Lot 26 (as such properties were depicted on the City Tax Assessor Maps in effect on April 1, 2018), that is identified as former Map 5, Lot 31 (Map 5, Lot 31, as depicted on the Tax Assessor Maps in effect on April 21, 2001), as said properties are depicted on "Map 3, Division 16, Office Park Zoning District Park" (Map 3 is included in Division 16, and Division 4, Description of Districts), the following standards shall apply: there shall be a maximum of one retail use located on a property, the maximum size of the structure in which the retail use is located shall be 6,000 square feet, the retail use may have one or more accessory structures that do not exceed a total of 2,000 square feet in size, the retail use and any other use on the property shall comply with the supplemental performance standards identified in Section 102-628, and the retail use and any other use on the property shall comply with applicable Nonresidential Development Standards for the Office Park District identified in Article IX of this Chapter. In addition, if the retail use occurs on former Map 5, Lot 31, the use shall comply with applicable standards identified in Section 102-628.5. Other uses permitted in the District may occur on any of the above properties in addition (in combination with) to an allowed retail uses.

On properties identified as Map 5, Lot 1 and Map 5, Lot 26 (as such were depicted on the Tax Assessor Maps in effect on April 1, 2018), except the portion of Map 5, Lot 26 that is depicted as former Map 5, Lot 31, on a map entitled "Map 3, Division 16, Office Park Zoning District," a retail use or uses are allowed, provided no single retail use is greater than 75,000 square feet, and there is a maximum of 75,000 square feet of all retail operations in a single structure. Any such operations shall comply with the Nonresidential Development Standards for the Office Park District identified in Article IX of this Chapter. Other uses permitted in the District may occur on the above properties in addition (in combination with) to an allowed retail uses.

In the Route 3 Commercial District, the following standards shall apply regarding the maximum size of a retail use. The following two maps included in this Division and in Article IV, Description of Districts, identify the areas referenced in this Subsection: "Map #1, Division 16, Route 3 Commercial District' and Map # 2, Division 16, Area # 2, Route 3 Commercial Zone - Contract Rezoning."

In Areas 1, 2 and 3 of the Route 3 Commercial District (reference map entitled "Map #1, Division 16, Route 3 Commercial District") no single retail use and no structure in which one or more retail uses occur shall exceed 75,000 square feet in size.

Notwithstanding the above standard a), in Area 2 (reference map entitled "Map #2, Division 16, Route 3 Commercial Zone - Contract Rezoning") an applicant for a retail use, provided it offers general merchandise, clothing, and/or groceries for sale, may submit an application to use the contract rezoning process identified in Chapter 102, Zoning, Article X, Contract Rezoning, Division 2, Route 3 Commercial and Office Park Districts, to develop a single retail store that offers general merchandise, clothing, and/or groceries for sale that exceeds the 75,000 square feet size limit, or a shopping center in which no more than one of the qualifying retail uses in the center exceeds the 75,000 square foot maximum size limit for an individual store. In the total area located within Area 2, the City Council, pursuant to the contract rezoning process, has the authority to allow only one retail use that offers general merchandise, clothing, and/or groceries for sale that exceeds the 75,000 square foot maximum size limit, or one shopping center in which no more than one such retail use in the center exceeds the maximum size limit.

In Area 4 of the Route 3 Commercial District, the section of this zone located westerly of Crocker Road, (reference map entitled "Map #1, Division 16, Route 3 Commercial District"), a retail use that is established on or after April 7, 2020, shall be located in a principal structure that is a maximum of 6,000 square feet in size, and the use may have one or more accessory structures, provided the total square footage of all accessory structures on the property do not exceed 2,000 square feet in size. There shall be a maximum of one principal structure/use on a lot that is used for a retail use. Any such use shall comply with the Supplemental Performance Standards identified in Section 102-627, and the performance standards identified in Article IX, Division 2, Nonresidential Development Standards for the Route 3 Commercial zoning district.

Notwithstanding the above size limitations, the retail use (Perry's Furniture), that has regularly been operated (over 20 years) on Map 5, Lot 30, prior to April 7, 2020, may continue, and may expand the size of the structures on the property that have been used to support retail operations as of April 7, 2020, by a maximum of 100% of the total amount of gross floor area of all such structures. This provision also shall apply to any retail use that is a successor to Perry's Furniture. Neither the current retail use or any successor retail use is subject to the Section 102-627, Supplemental Performance Standards, however, the performance standards identified in Article IX, Division 2, Nonresidential Development Standards for the Route 3 Commercial zoning district.

In Area 2 of the Route 3 Commercial zoning district, the City Council, at its meeting of October 1, 2019, approved a contract rezoning agreement, as such was subsequently amended, to allow DMK Development to construct a Tractor Supply Store, located at Map 5/Lot 23A. This contract shall remain in effect for this property; however, this property is not subject to the requirement of complying with a master plan for the original lot (Map 5, Lot 23) from which Map 5, Lot 23A was divided/established. The adopted contract rezoning agreement recorded at the Waldo County Registry of Deeds and is available at the Planning and Codes Department.

Notwithstanding the standards identified in 2), 3), and 4) above, if a retail use is located in a building that is used for multiple uses (a shopping center), and there is a limit on the size of a structure in which such uses are located, this requirement could affect the total amount of retail space that can be developed in that building, and in some cases, on that property. Reference Footnote *[o] below that establishes certain limits on the maximum size of a building (a shopping center) occupied by multiple uses in certain zoning districts.

*[o]

If a shopping center is a permitted use, the maximum size of a shopping center shall be as follows in the following identified zoning districts.

Subsection repealed on February 7, 2023.

In the Route 137 Mixed Use zoning district, the maximum size of a shopping center shall be 35,000 square feet; however, the maximum amount of retail use in the center may not exceed 20,000 square feet.

In the Office Park zoning district, there is no maximum size limit on a shopping center located on Map 5, Lot 1, or Map 5, Lot 26 (does not include former Map 5, Lot 31), provided that all retail uses in the shopping center comply with standards identified in Footnote *[n] above. For all other properties in the Office Park zoning district, the maximum retail store size standards identified in Footnote *[n] above, shall serve as the maximum size of any single structure in a shopping center.

In Areas 1, 2, and 3 of the Route 3 Commercial zoning district (reference "Map #1, Division 16, Route 3 Commercial Zone"), there is no maximum size limit on the size of a shopping center, provided no retail use in the shopping center exceeds the maximum size standards identified in Footnote *[n] above. In Area 4 of the Route 3 Commercial District, the maximum size of a shopping center shall not exceed the maximum retail store size standards identified in Footnote *[n], clause 4)c), above.

*[p]

If a personal service business is identified as a permitted use, the maximum size of a personal services business shall be as follows in the following zoning districts.

In the Outside Rural-1 and Outside Rural-2 zoning districts, a personal service business can be a maximum of 2,000 square feet in size.

In the Route 3 Rural, Residential 4, and Swan Lake Avenue Mixed Use districts, a personal service business can be a maximum of 4,000 square feet in size.

In the Route 137 Mixed Use district, a personal service business or the structure in which such use is located can be a maximum of 20,000 square feet in size, unless the service business is located in a shopping center that allows a structure that is a maximum of 35,000 square feet in size.

In the Route 3 Commercial and Office Park districts, there is no maximum size limit on the size of a personal service business or a structure in which such use is located.

Notwithstanding 1) through 4) above, if a personal service is located in a building (a shopping center) that is used for multiple uses, and there is a limit on the size of a structure in which such uses are located, this requirement could affect the total amount of space for personal services that can be developed in that building, and in some cases, on that property. Reference footnote *[o] that establishes certain limits on the maximum size of a building occupied by multiple uses in certain zoning districts.

*[q]

If a convenience store is identified as a permitted use, the maximum size of a convenience store shall be as follows in the following zoning districts.

Repealed by Council action on February 7, 2023.

In the Route 137 Mixed Use and Route 3 Commercial zoning districts, the maximum size limits for a retail use (reference Footnote *[n]) shall govern the maximum size of a convenience store.

*[r]

If a storage/warehouse use is identified as a permitted use, the maximum (total) size of all storage/warehouse buildings on a property shall be as follows in the following zoning districts.

In the Residential-4, Route 3 Rural, Outside Rural-1, and Outside Rural-2 zoning districts, the total size of all storage/warehouse buildings on a property shall not exceed 8,000 square feet (for each two acres of lot size), and the property on which a storage/warehouse facility is located shall be a minimum of two acres in size.

In the Route 3 Commercial, Office Park, and Route 137 Mixed Use zoning districts, there is no maximum size limit on the size of an individual storage/warehouse building or the total amount (square footage) of such buildings and use on a property.

*[s]

If a light manufacturing facility is a permitted use, the maximum size of a light manufacturing facility on a property shall be as follows in the following zoning districts.

In the Route 3 Rural, Outside Rural-1, and Outside Rural-2 zoning districts, a light manufacturing facility is limited to 4,000 square feet of active manufacturing use, and an additional 4,000 square feet of interior storage space. No exterior storage of materials is allowed.

In the Route 137 Mixed Use zoning district, the maximum size of any structure in which a light manufacturing facility is located shall be 20,000 square feet.

In the Route 3 Commercial and Office Park zoning districts, there is no maximum size limit on the size of an individual structure in which a light manufacturing facility is located or the total amount (square footage) of such buildings and use on a property.

*[t]

If a manufacturing, processing, or industrial facility is identified as a permitted use, the maximum size of a manufacturing, processing, or industrial facility, including one that allows accessory retail sales, shall be as follows in the following identified zoning districts.

In the Route 3 Commercial and Office Park zoning districts, there is no maximum size limit on the size of an individual structure in which said use occurs, or the total amount (square footage) of such buildings and use on a property.

*[u]

A property that is used for contractor operations, including the interior or exterior storage of construction equipment and materials by a construction contractor shall be a minimum of one acre in size. The storage areas may be located on the same property as one or more dwelling units.

*[v]

A property that is used for an Animal Kennel, Class 1, or an Animal Kennel, Class 2, shall be a minimum of two acres in size, regardless of the zoning district in which it is located, and all facilities used for boarding animals shall be located a minimum of 100 feet from any side or rear property line. An Animal Kennel, Class 1, or an Animal Kennel, Class 2, that was permitted by the City prior to the adoption of the Division 16, Northwesterly of Bypass and Outside Rural Zoning District standards, (Division 16 as such was amended on February 7, 2023), that does not comply with the two acre minimum lot size or 100 foot structure setback requirement, may continue, and an existing structure that is used for animal kennel operations may expand, provided that none of the expansion is located closer to the property line than the existing nonconforming structure. All new structures constructed after February 7, 2023 (Division 16 as such was amended on February 7, 2023) used for animal kennel operations shall comply with applicable structure setback requirements.

*[w]

Any business that sells and dispenses fuel shall be limited to a maximum of four fuel dispensers (pumps) on the property.

*[x]

Reference the Performance Standards for Campgrounds and Recreational Vehicle (RV) Parks identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division (YTBD - Note: City had not adopted these standards as of the date that the Division 16 standards, as amended, were adopted).

*[y]

A property that is used for commercial boat building, retrofitting, storage, and/or repair shall be a minimum of two acres in size. This standard applies to any property that initially applies for a permit to perform any of the above activities after February 7, 2023 (Division 16 as such was amended on February 7, 2023). A property that was used for boat building, retrofitting, storage, and/or repair prior to February 7, 2023 (Division 16 as such was amended on February 7, 2023), that does not comply with this lot size requirement, may continue, and existing structures that were used for the above activities may expand, provided that any structure expansion complies with structure setback requirements identified in Division 16, and applicable performance standards in Chapter 102.

*[z]

A quasi-public or non-municipal use that qualifies as a Minor or Major Site Plan Development shall require review by the Planning Board. Other quasi-public or non-municipal facilities and uses shall require a permit from the CEO.

*[aa]

A fill, loam, sand, and gravel extraction operation shall require review by the Planning Board pursuant to the provisions of Chapter 90, Site Plans, regardless of the size of the non-vegetated area. The Board, in its review, shall consider applicable Department of Environmental Protection (DEP) regulations for such operations; reference Title 38, Chapter 3: Protection and Improvement of Waters, Subchapter 1, Environmental Protection Board, Article 7, Performance Standards for Excavations of Borrow, Clay, Topsoil or Silt, and Article 8-A, Performance Standards for Quarries. The Board, in its review, may apply the DEP regulations, as its deems appropriate, to adopt City Permit conditions for the operation.

*[bb]

An outdoor theater or event facility that is permitted as an accessory use to a residential use or an agricultural use is limited to a maximum of 100 seats or guests and a maximum of eight events per year, and no more than two events in any single month. This use is subject to review by the Planning Board and compliance with specific performance standards in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division (YTBD - NOTE: City had not adopted these standards as of the date that the Division 16 standards, as amended, were adopted), Performance Standards for Event Facilities and Outdoor Theaters.

*[cc]

A Medical Marijuana facility or operation must comply with requirements identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 8, Medical Marijuana Regulations.

*[dd]

An Adult Use Marijuana facility or operation must comply with requirements identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 2.5, Adult Use Marijuana Regulations.

*[ee]

A Solar Energy System must comply with requirements identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 9, Solar Energy Systems.

*[ff]

A Telecommunications Facility must comply with requirements identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 5, Telecommunications Facilities.

*[gg]

Power Substations and Generator Facilities shall be subject to review pursuant to Chapter 90, Site Plans, and the performance standards that may apply to a specific zoning district.

*[hh]

An application for a Significant Groundwater Well must comply with Ordinance requirements identified in Article VIII, Supplementary District Regulations, Division 7, Significant Groundwater Well Permit, and Article IX, Performance Standards, Division 2, Environmental Standards, Section 102-1137, Significant groundwater well, in this Chapter.

*[ii]

An application for a Significant Water Intake or a Significant Water Discharge/Outfall Pipe must comply with the Article IX, Performance Standards, Division 2, Environmental Standards, Section 102-1138, Significant water intake or significant water discharge/outfall pipe, in this Chapter.

*[jj]

The Outside Rural 1 and Outside Rural 2 zoning districts identify the establishment of Special Use Areas for certain properties; reference Section 102-626, Special Use Areas, Outside Rural-1 and Outside Rural-2 zoning districts in this Division (Division 16, Outside Rural areas).

*[kk]

Repealed by Council action on February 7, 2023. Reserved for this Division.

*[ll]

Certain uses in the Route 3 Commercial District must comply with the Section 102-627 Supplemental Performance Standards in this Division, and certain uses in the Office Park District must comply with the Section 102-628 Supplemental Performance Standards in this Division. Also, a development on the property formerly identified as Map 5, Lot 31, must comply with the Section 102-628.5 standards in this Division.

*[mm]

The following Article IX, Performance Standards apply to nonresidential uses in the following zoning districts: Division 3, Nonresidential Development Standards for the Route 3 Commercial zoning district; the Division 4, Nonresidential Development Standards for the Route 137 Mixed Use zoning district; and the Division 5, Nonresidential Development Standards for the Office Park zoning district.

*[nn]

Certain uses in the Route 3 Commercial and Office Park zoning districts must or may use the contract rezoning process identified in Article X, Contract Rezoning, Division 2, Route 3 Commercial and Office Park Districts.

*[oo]

Bituminous asphalt plants are limited to plants that existed as of (insert date), the date of Council adoption of the Division 16 standards (as such were amended on February 7, 2023), subject to the operation being in compliance with all Site Plan and/or Use Permit standards adopted by the City.

*[pp]

Notwithstanding the standard in Use #287 that prohibits a fill, loam, sand, and gravel extraction operation from the removal of bedrock material through blasting or any other mechanical means, or the crushing or further processing of such bedrock material, an operation that received a permit from the City prior to April 1, 2022, to conduct activities that involved the removal of bedrock material through blasting or any other mechanical means, and the crushing or processing of such bedrock material, may continue as a nonconforming use of record, provided the operation is in compliance with permit conditions established in City permits.

*[qq]

A junkyard, including an auto graveyard, is a permitted use only the property that is designated as a Special Use Area 2 property; reference Section 102-626 of this Division. A junkyard is subject to review by the Planning Board and compliance with specific performance standards in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division (YTBD - Note: City had not adopted these standards as of the date that the Division 16 standards, as amended, were adopted). Performance Standards for Junkyards.

*[rr]

Notwithstanding the prohibition on motor vehicle, snowmobile, utility-terrain vehicle (UTV) and all-terrain vehicle (ATV) and similar repair businesses (Use # 78) in the Residential 5 zoning district, the property identified as Map 18, Lot 9, has been used for auto repair for many years prior to adoption of the Division 16 standards. The existing use shall be considered a legally established nonconforming use and the property may continue to be used for activities identified in Use # 78. Existing structures on the property may be expanded for activities allowed in Use # 78, provided any structure expansion complies with structure setback requirements for the Residential 5 zoning district. The continuation of this legally established nonconforming use of record shall be subject to requirements of Article III, Nonconformance of this Chapter.

*[ss]

In Area 4 of the Route 3 Commercial District, a restaurant with indoor or outdoor seating is permitted, provided it satisfies the following requirements: it is connected to public sewer, it is limited to a maximum of 75 seats, it complies with the Supplemental Performance Standards identified in Section 102-627 of this Division, and it complies with the Article IX, Division 2, Nonresidential Development Standards for the Route 3 Commercial zoning district.

On the following properties in the Office Park zoning district, Map 5, Lots 29, 29-B, and 31 and the portion of Map 5, Lot 26 (as such properties were depicted on the City Tax Assessor Maps in effect on April 1, 2018), that is identified as former Map 5, Lot 31 (Map 5, Lot 31, as depicted on the Tax Assessor Maps in effect on April 21, 2001), as said properties are depicted on "Map 3, Division 16, Office Park Zoning District Park" (Map 3 is included in Division 16, and Division 4, Description of Districts), a restaurant with indoor or outdoor seating is permitted, provided it satisfies the following requirements: it is connected to public sewer, it is limited to a maximum of 75 seats, it complies with the Supplemental Performance Standards identified in Sections 102-628 and 102-628.5 of this Division, and it complies with the Article IX, Division 5, Nonresidential Development Standards for the Office Park zoning district.

*[tt]

Lumber Yards and Building Supply Stores. The size of a lumber yard and building supply retail store is subject to the following restrictions regarding the total size of the operation on the property in the following respective zoning districts.

(1)

Repealed by Council action on February 7, 2023.

(2)

In the Route 3 Commercial zoning district, there is no specific limitation on the total amount of square feet, either interior sales and storage, or exterior sales or storage, that is used for a lumber yard and building supply retail store, provided the use offers all products identified in the definition for this use (reference Chapter 66, General Provisions), and provided the operations occur in a minimum of three structures, none of which are connected to another structure.

*[uu]

A motor vehicle, snowmobile, utility terrain vehicle (UTV), all-terrain vehicle (ATV) vehicle, and similar repair business shall be allowed to display the following number of vehicles on the property as an accessory use to the repair business in the following respective zoning districts in which this use is a permitted activity:

(1)

In the Residential-4, Route 3 Rural, Outside Rural-1, Outside Rural-2, and Route 137 Mixed Use districts, a repair business may display a maximum of six vehicles for sale on the property at any point in time.

(2)

In the Route 3 Commercial district, there is no specific limitation on the maximum number of vehicles that can be displayed.

*[vv]

An on-site child care facility (all sizes) is allowed as an accessory use to the following uses: a professional office or health care office; a health care facility or hospital; a nursing home or long-term care facility; a retail store; a shopping center; a hotel/motel; a restaurant; a light industrial/light manufacturing facility; a manufacturing, processing, and/or industrial facility; a commercial boat building facility; a farm; a municipal facility; a quasi-public or non-municipal facility; a school; a community center; a social club; a theater/performing arts center; and a recreational facility. An on-site child care facility may provide services to persons who are or are not employed at the facility.

*[ww]

A horse stable/barn that is operated for private use, which is a stable that is primarily for animals owned by the property owner or a person who rents the property, and who also may provide boarding services for three or less animals for persons who do not live on the property, regardless if a fee is or is not charged for such boarding services, shall require a permit from the Code Enforcement Officer.

A horse stable/barn that is operated as a commercial operation, which is an operation that involves providing boarding for four or more animals for a fee, shall comply with nonresidential or environmental performance standards applicable to the respective zoning district, and shall require a permit from the Planning Board.

*[xx]

Service Business.

If a service business is a permitted use in a respective zoning district, the maximum size of a structure in which one or more service businesses are located shall be as follows in the following zoning districts:

In the Outside Rural-1 and Outside Rural-2 zoning districts, a service business shall be a maximum of 2,000 square feet in size.

In the Residential-4 and Route-3 Rural zoning districts, a service business shall be a maximum of 4,000 square feet in size.

In the Route 137 Mixed Use zoning district, a service business shall be a maximum of 20,000 square feet in size.

In the Route 3 Commercial and Office Park zoning districts, there is no specific maximum limit on the size of a service business.

Notwithstanding 1) through 4) above, if a service business is located in a building (a shopping center) that is used for multiple uses, and there is a limit on the size of a structure in which such uses are located, this requirement could affect the total amount of space used for a service business(es) that can be developed in that building, and in some cases, on that property. Reference footnote *[o] that establishes certain limits on the maximum size of a building occupied by multiple uses in certain zoning districts.

*[yy]

The Use Table includes a category of uses entitled: "Use Specific to Chapter 82, Shoreland"; Uses 340) - 353). The uses in this category are specific uses identified in the State Model Shoreland Regulations, and thus, are included in the Use Table for Chapter 82, Shoreland. As Belfast's Code of Ordinances incorporates common Use Tables for all zoning districts in Chapter 102, Zoning, Article V, District Regulations, and Chapter 82, Shoreland, this same category of Shoreland uses is identified in the respective Use Tables that apply to Chapter 102, Zoning.

*[zz]

Hydroelectric facilities. All applications to establish a new hydroelectric facility or to remove a facility, such as a dam, that was used to produce hydroelectric power, shall be subject to Planning Board review pursuant to Chapter 90, Site Plans.

*[aaa]

Reference the Performance Standards for Transitional Housing Facilities identified in Chapter 102, Zoning, Article VII, Supplementary District Regulations, Division 10. Transitional Housing Facilities, as defined by the City Ordinance, are only allowed with Planning Board review on Map 24 Lot 9-C, as part of the Special Use Area 3 (SUA-3) designation for this lot.

Sec. 102-626 Special Use Areas, Outside Rural-1 and Outside Rural-2 zoning districts.

[Added 4-5-2022(3) ; amended 2-7-2023(6); 3-18-2025(1) ]

(1)

Special Use Area 1.

Section 102-624, Table of Uses, identifies the Uses allowed in the Outside Rural-1 and Outside Rural-2 zoning districts, and Section 102-632, Dimensional Tables, identifies the Dimensional Standards that apply to properties, structures and uses in these respective zoning districts. The City hereby designates the following properties located in either the Outside Rural-1 (OR-1) zoning district or the Outside Rural-2 (OR-2) zoning district as a "Special Use Area 1 (SUA-1)." This designation allows the respective property to be used for any permitted use identified in the Section 102-624, Table of Uses, for the respective zoning district in which such is located (either OR-1 or OR-2), provided the use complies with applicable City standards, and to be used for any of the following additional uses that are identified as a Prohibited Use (NO) in the Table of Uses, again, subject to compliance with applicable City standards.

A property owner must obtain a permit from the Planning Board to conduct any of the following uses on the property, to expand an existing use on the property that is identified in this list of uses, or to change from an existing use identified in this list of uses to a different use identified on this list. The additional uses (reference Section 102-624, Table of Uses), that apply to the "Special Use Area 1" designation are as follows:
70)	Retail store, limited scale. Per Footnote *[n], a Retail store that has a maximum of 4,000 square feet of active floor sales and 4,000 sq. ft. of storage area (all structures on property).
76)	Convenience store. Per Footnote [q], a Convenience Store up to 4,000 sq. ft. in size, and per Footnote [w], a maximum of four fuel dispensers (pumps) on-site.
77)	Redemption centers for beverage containers.
79)	Motor vehicle fuel sales, subject to footnote *[p], maximum of four fuel dispensers (pumps) on-site.
84)	Laundromat.
115)	Restaurant with indoor seating.
116)	Restaurant with outdoor seating.
117)	Restaurant, take-out.
119)	Restaurant, ice cream stand.
148)	Research laboratory.

The properties in the Outside Rural 1 zoning district that have "Special Use Area 1" (SUA-1) designation include the following:
1.	Map 6, Lot 87A, 181 Waterville Road, that City records identify as being about 2.74 acres in size.
2.	Map 6, Lot 87B, 177 Waterville Road, that City records identify as being about one acre in size.
3.	Map 6, Lot 87C, 177 Waterville Road, that City records identify as being about 6.23 acres in size.
4.	Map 6, Lot 9A, 79 Waterville Road, that City records identify as being about 3.52 acres in size.
5.	Map 6, Lot 9D, 85 Waterville Road, that City records identify as being about 4.18 acres in size.
6.	Map 7, Lot 2, 51 Back Searsport Road, that City records identify as being about 80.58 acres in size.

The properties in the Outside Rural 2 zoning district that have "Special Use Area 1" (SUA-1) designation include the following:
1.	Map 1, Lot 72, 6 Back Belmont Road, that City records identify as being about 2.07 acres in size.

(2)

Special Use Area 2.

Section 102-624, Table of Uses, identifies the Uses allowed in the Outside Rural-1 and Outside Rural-2 zoning districts, and Section 102-632, Dimensional Tables, identifies the Dimensional Standards that apply to properties, structures and uses in these respective zoning districts. The City hereby designates the following properties located in the Outside Rural-1 (OR-1) zoning district as a "Special Use Area 2 (SUA-2)." This designation allows the respective property to be used for any permitted use identified in the Section 102-624, Table of Uses, for the Outside Rural-1 zoning district, provided the use complies with applicable City standards, and to be used for the following additional uses that are identified as a Prohibited Use (NO) in the Table of Uses, again, subject to compliance with applicable City standards.

A property owner must obtain a permit from the Planning Board to conduct any of the following uses on the property, or to expand an existing use on the property that is identified in this list of uses. The additional uses (reference Section 102.624, Table of Uses) that apply to the "Special Use Area 2" (SUA-2) designation are as follows:

292)	Junkyards, including auto graveyards.

The properties in the Outside Rural 1 zoning district that have "Special Use Area 2" designation include the following:
1.	Map 1, Lot 18, 50 Back Belmont Road, that City records identify as being about 0.46 acres in size.
2.	Map 1, Lot 61, 46 Back Belmont Road, that City records identify as being about 1.34 acres in size.
3.	A portion of Map 1, Lot 15-B, 52 Back Belmont Road, that City records identify as being about 34.14 acres in size. The portion of this property that is subject to "Special Use Area 2" designation is about 418 feet in width, and is conterminous with the rear property lines of Map 1, Lot 18, and Map 1, 61, and is about 400 feet in depth from the rear property lines to the above two properties. This area is about 167,200 square feet (3.838 acres) in size and the lay-out and location of this area is generally depicted on the Official City Zoning Map.

(3)

Special Use Area 3. Section 102-624, Table of Uses, identifies the Uses allowed in the Outside Rural-1 and Outside Rural-2 zoning districts, and Section 102-632, Dimensional Tables, identifies the Dimensional Standards that apply to properties, structures and uses in these respective zoning districts. The City hereby designates the following properties located in the Outside Rural-2 (OR-2) zoning district as a "Special Use Area 3 (SUA-3)." This designation allows the respective property to be used for any permitted use identified in the Section 102-624, Table of Uses, for the Outside Rural-2 zoning district, provided the use complies with applicable City standards, and to be used for the following additional uses that are identified as a Prohibited Use (NO) in the Table of Uses, again, subject to compliance with applicable City standards. A property owner must obtain a permit from the Planning Board to conduct any of the following uses on the property, or to expand an existing use on the property that is identified in this list of uses. The additional uses (reference Section 102.624, Table of Uses) that apply to the "Special Use Area 3" (SUA-3) designation are as follows: 32) Transitional Housing Facility.

Sec. 102-627 Supplemental Performance Standards for certain uses located in Area 4, Route 3 Commercial zoning district.

[Added 2-7-2023(6)]

The following supplemental performance standards shall apply to a retail use or a restaurant, indoor or outdoor seating, that is located in Area 4 of the Route 3 Commercial zoning district, with the exception of a retail use located on a property identified as Map 5, Lot 30 (as such was depicted on the Tax Assessor Maps in effect on April 1, 2020). These standards shall supplement the Nonresidential Development Standards identified in Article IX, Division 3 of this Chapter for the Route 3 Commercial zoning district.

(1)

Amount of front setback for structures.

The minimum amount of front structure setback for any newly constructed structure shall be no less than 70 feet. This setback requirement shall supersede the amount of front structure setback identified in Section 102-633 Dimensional Table.

If the use occurs in a structure that was constructed prior to April 1, 2020, and said structure does not satisfy the setback requirement identified in Subsection (1)a above, no portion (excepting steps or a handicap accessible ramp) of the existing structure can be expanded into the nonconforming front setback area or to decrease the amount of front setback of the existing structure.

(2)

Amount of front bufferyard.

The minimum amount of front bufferyard shall be no less than 60 feet. This bufferyard amount shall supersede the amount of front bufferyard identified in Section 102-1183 of the Article IX, Division 2, Nonresidential Development Standards for the Route 3 Commercial zoning district.

If the use occurs on a property in a structure that was constructed prior to April 1, 2020, and the property cannot satisfy the minimum front bufferyard requirement identified in Subsection (2)a above, the amount of the existing area that is devoted to the front bufferyard area cannot be reduced, except for locating improvements such as but not necessarily limited to an access drive, utilities and similar improvements.

(3)

Amount of planting requirements for nonresidential uses. Plantings in the front bufferyard area shall provide effective and good quality screening, buffering, and landscaping for the buildings and parking areas on the property, so that the appearance of the buildings and parking areas are effectively "broken-up." The plantings shall include trees, shrubs and other vegetation. An applicant may use berms, fencing and other methods to supplement the plantings to assist in achieving the intent of this Subsection. An applicant shall present a planting plan that clearly depicts how the proposed plantings and other measures will achieve the purposes of this Subsection. This planting requirement shall supersede the planting requirement identified in Section 102-1186 of the Article IX, Division 2, Nonresidential Development Standards for the Route 3 Commercial zoning district.

(4)

Nonresidential structural design requirements. When these Ordinance standards were first adopted in April 2020, the predominant use in Area 2 was residential housing. As such, existing residential structures that are converted to a retail or restaurant use shall retain their residential character, and newly constructed structures shall also reflect the characteristics and appearance of residential construction. These characteristics include but are not necessarily limited to: a pitched roof with a minimum 3/12 pitch, window and door openings that are residential in scale and that are located on the front facade of the building, and cladding materials appropriate to a residential structure. An applicant also may choose construction that resembles farm-house or barn construction; such as the main showroom building for Perry's Furniture. This building design requirement shall supersede the requirements identified in Section 102-1187 of the Article IX, Division 2, Nonresidential Development Standards for the Route 3 Commercial zoning district.

(5)

Signage. A use subject to these requirements shall have a maximum of two signs, only one of which can be a stand-alone sign. A stand-alone sign shall not exceed 48 square feet in size, no dimension of the sign shall be greater than 10 feet in length, the top of the sign shall be located no more than 10 feet above the adjacent ground grade, and the sign shall not be internally lighted. The on-building sign shall comply with the same requirements regarding size and lighting. These sign standards shall supercede the standards identified in Chapter 86, Signs for the Route 3 Commercial zoning district.

Notwithstanding the above standards, a sign that existed on or before April 7, 2020, for an nonresidential use that existed on or before April 7, 2020, that does not conform to the above standards, shall be exempt from these standards, and shall comply with the Chapter 86 requirements for the Route 3 Commercial zoning district, provided that the nonresidential use in operation on April 7, 2020, continues to operate.

(6)

A restaurant use, indoor or outdoor seating, must be connected to public sewer, and it is limited to a maximum of 75 seats.

Sec. 102-627.5 Supplemental performance standards that apply to the development of Map 5, Lot 23, or Map 5, Lot 23-A.

[Added 2-7-2023(6)]

The supplemental performance standards in this Section shall apply to any development that is proposed or that occurs on either Map 5, Lot 23, or Map 5, Lot 23A, as such are depicted on the City Tax Assessor Maps that were in effect as of January 1, 2023. These standards shall supplement the Nonresidential Development Standards identified in this Chapter for Article IX, Division 3, Route 3 Commercial zoning district.

(1)

No structure shall be located within 200 feet of Route 3/Belmont Avenue on either Map 5, Lot 23, or 23A, or on any portion of said properties that are created by the division or subdivision of the above properties. The area located within 200 feet of Route 3/Belmont Avenue shall be retained and managed by the property owner as a natural buffer yard area. The owner shall comply with standards established by the Planning Board to retain existing vegetation, particularly larger trees or stands of trees, to supplement existing vegetation with new plantings, and to preserve natural areas. The only development permitted in this bufferyard area or within 200 feet of Route 3/Belmont Avenue, as such may be approved by the Belfast Planning Board, or by terms of the contract rezoning agreement for the Tractor Supply project that was approved by the Belfast City Council on October 1, 2019, shall be stormwater management facilities, utilities, signage, and the main access road to the site that was constructed for the Tractor Supply project.

(2)

Notwithstanding the above, the City Council shall have the authority to amend terms of the adopted contract rezoning agreement for the Tractor Supply project that may affect the required bufferyard area for Map 5, Lot 23A.

(3)

The development of a retail store that sells general merchandise, clothing, and/or groceries that is larger than 75,000 square feet in size, or the development of this type of store in a shopping center requires City Council approval of a contract rezoning agreement. The City Council, in its consideration and adoption of a contract rezoning agreement for this type of development may adopt terms that alter the bufferyard requirement established in this Section.

(4)

The City recognizes that the Springbrook Condominium Association owns an easement on Map 5, Lot 23 for a private sewer system for the benefit of the Springbrook Condominium project located at Map 5, Lot 36. The City requirement to retain a 200-foot bufferyard on Map 5, Lot 23 shall not infringe on any rights of the Springbrook Condominium established by the above referenced easement agreement.

Sec. 102-628 Supplemental Performance Standards for certain retail and restaurant uses on properties identified as Map 5, Lots 29, 29-B and 31-B and the potion of Map 5, Lot 26 that is identified as former Map 5, Lot 31.

[Added 2-7-2023(6)]

The supplemental performance standards in this Section shall apply to a retail use or a restaurant, indoor or outdoor seating, that is located on any of the following properties in the Office Park zoning district: Map 5, Lots 29, 29-B, and 31 and the portion of Map 5, Lot 26 (as such properties were depicted on the City Tax Assessor Maps in effect on April 1, 2018), that is identified as former Map 5, Lot 31 (Map 5, Lot 31, as depicted on the Tax Assessor Maps in effect on April 21, 2001), as said properties are depicted on "Map 3, Division 16, Office Park Zoning District Park" (Map 3 is included in Division 16, and Division 4, Description of Districts). These standards shall supplement the Nonresidential Development Standards identified in Article IX, Division 5 of this Chapter for the Office Park zoning district.

(1)

Amount of front setback for structures. The minimum amount of front structure setback for any structure shall be no less than 70 feet. This setback amount shall supersede the amount of front structure setback identified in the Section 102-633 Dimensional Table.

(2)

Amount of front bufferyard. The minimum amount of front bufferyard shall be no less than 60 feet. This bufferyard amount shall supersede the amount of front bufferyard identified in Section 102-1302.

(3)

Amount of planting requirements for nonresidential uses. Plantings in the front bufferyard area shall provide effective and good quality screening, buffering and landscaping for the buildings and parking areas on the property, so that the appearance of the buildings and parking areas are effectively "broken-up." The plantings shall include trees, shrubs and other vegetation that exceed the amount of planting required in Section 102-1303. An applicant may use berms, fencing and other methods to supplement the plantings and to assist in achieving the intent of this Subsection. An applicant shall present a planting plan that clearly depicts how the proposed plantings and other measures will achieve the purposes of this Subsection. This planting requirement shall supersede the planting requirement identified in Section 102-1303.

(4)

Nonresidential structural design requirements. All buildings shall be constructed to resemble farm-house or barn construction. The main showroom building for Perry's Furniture depicts the type of construction that would satisfy this requirement. This building design requirement shall supersede the requirements identified in Section 102-1305.

(5)

A restaurant, indoor and outdoor seating, must be connected to public sewer, and the restaurant is limited to a maximum of 75 seats.

(6)

Signage. A use subject to these requirements shall have a maximum of two signs, only one of which can be a stand-alone sign. A stand-alone sign shall not exceed 48 square feet in size, no dimension of the sign shall be greater than 10 feet in length, the top of the sign shall be located no more than 10 feet above the adjacent ground grade, and the sign shall not be internally lighted. The on-building sign shall comply with the same requirements regarding size and lighting. These sign standards shall supersede the standards identified in Chapter 86, Signs for the Office Park zoning district.

Sec. 102-628.5 Supplemental standards regarding the development of former Map 5/Lot 31.

[Added 2-7-2023(6)]

The standards in Section 102-628.5 apply only to the portion of Map 5, Lot 26 (as depicted on the Tax Assessor Maps in effect on April 1, 2018) identified as former Map 5, Lot 31, as such is depicted on the map entitled "Map 3, Division 16, Office Park District'," and as such was depicted on the tax maps in effect on August 21, 2001.

(1)

If the property (former Map 5, Lot 31) or any portion of the property is proposed to be developed for a residential development that involves the creation of six or more lots or dwelling units, the applicant must develop the property pursuant to the Article VI, Planned Unit Development, Division 1, Residential Planned Unit Development standards.

(2)

If the property or any portion of the property is proposed to be developed for a nonresidential use, the applicant/owner must retain a minimum of 10% of the property, in addition to the amount of property subject to minimum structure setback requirements, as undeveloped and protected open space.

(3)

Regardless of the type of development on the property, all primary access to the property shall occur via a curb cut and access road located on property's road frontage on Route 3. The only access, if any is proposed, that is allowed from this property directly onto Edgecomb Road shall be an emergency access that is not routinely used to access the property.

Sec. 102-629 through Sec. 102-630. (Reserved)

Sec. 102-631 Introduction to Dimensional Standards and Dimensional Standards Table.

[Added 4-5-2022(3) ; amended 2-7-2023(6) ]

The Dimensional Standards Table in this Division, reference Section 102-633, identifies dimensional standards that apply to the following zoning districts for the Northwesterly of Bypass and Outside Rural zoning districts as such are shown on the Official City Zoning Map: Residential-4 (Res-4), Route 3 Rural (Rte 3-R), Route 3 Commercial (Rte 3-Com), Office Park (OP), Route 137 Mixed Use (Rte 137-MU), Outside Rural-1 (OR-1), Outside Rural-2 (OR-2), and certain Special Use Areas (SUA) that are located in the Outside Rural-1 and Outside Rural-2 zoning districts. Section 102-634 identifies Footnotes to the Dimensional Standards Table. The Footnotes identify additional requirements that apply to certain dimensional standards identified in the Dimensional Standards Table, and are more fully described in Section 102-634. Footnotes are identified in the Dimensional Standards Table by the following designation: * [upper case letter].

Sec. 102-632 Standards that apply to Dimensional requirements in the Outside Rural area.

[Added 4-5-2022(3) ; amended 2-7-2023(6) ]

(a)

Applicability of dimensional standards. Any property or structure established on or after April 5, 2022 (date of adoption of original Division 16, Outside Rural amendments) in the Residential-4, Route 3 Rural, Outside Rural-1, and Outside Rural-2 zoning districts, and the Outside Rural Special Use Areas, shall comply with all applicable dimensional and density standards in this Division. Any property or structure established on or after February 7, 2023 (date of adoption of Northwesterly of Bypass and Outside Rural amendments) in the Route 3 Commercial, Office Park, and Route 137 Mixed Use zoning districts, shall comply with all applicable dimensional and density standards in this Division.

(b)

Nonconformance with dimensional standards.

(1)

Nonconforming lot of record. A lot that was created prior to April 5, 2022 (date of adoption of original Division 16, Outside Rural amendments) in the Residential 4, Route 3 Rural, Outside Rural-1, and Outside Rural-2 zoning districts or the Outside Rural Special Use Areas, or after February 7, 2023 (date of adoption of Northwesterly of Bypass and Outside Rural amendments) in the Route 3 Commercial, Office Park, or Route 137 Mixed Use zoning districts that does not comply with minimum lot size or minimum lot frontage requirements identified in Section 102-633, the Dimensional Standards Table, shall be considered a legally established nonconforming lot of record, and shall be considered a developable lot, subject to compliance with standards in this Division, the Article III, Nonconformance provisions in this Chapter, applicable standards in the Code of Ordinances, and if the property uses a subsurface wastewater disposal system for managing wastewater, is able to obtain a subsurface wastewater disposal system permit.

(2)

Nonconformance with structure setbacks, lot coverage, or structure height requirements. A structure(s) that was legally constructed prior to April 5, 2022 (date of adoption of the original Division 16, Outside Rural amendments), in the Residential 4, Route 3 Rural, Outside Rural-1, and Outside Rural-2 zoning districts or the Outside Rural Special Use Areas, or after February 7, 2023 (date of adoption of Northwesterly of Bypass and Outside Rural amendments) in the Route 3 Commercial, Office Park, or Route 137 Mixed Use zoning districts, that does not comply with any of the following Section 102-633 (Dimensional Standards Table) requirements shall be considered a legally established nonconforming structure of record: one or more minimum structure setbacks, maximum lot coverage, or maximum structure height. A legally established nonconforming structure of record may remain and may be expanded, subject to compliance with standards in this Division, the Article III, Nonconformance provisions in this Chapter, and applicable standards in the Code of Ordinances.

(3)

Nonconformance with density standards. A property that was developed prior to April 5, 2022 (date of adoption of the original Division 16, Outside Rural amendments) in the Residential 4, Route 3 Rural, Outside Rural-1, and Outside Rural-2 zoning districts or the Outside Rural Special Use Areas, or after February 7, 2023 (date of adoption of the Northwesterly of Bypass and Outside Rural amendments) in the Route 3 Commercial, Office Park, or Route 137 Mixed Use zoning districts that does not comply with density standards identified in Section 102-633, the Dimensional Standards Table, shall be considered a legally established nonconforming use of record with respect to density standards. Such a use may continue and may expand, subject to compliance with the standards in this Division, the Article III, Nonconformance provisions in this Chapter, and applicable standards in the Code of Ordinances.

(c)

Multiple uses on single property.

(1)

If there are one or more types of residential uses on a lot (property), the total size (area) of the lot must be no less than the amount of area needed to satisfy the minimum lot size requirement in Section 102-633, the Dimensional Standards Table, and if applicable, minimum Chapter 82, Shoreland Zoning, for each of the respective residential uses on the lot. Further, the amount of residential use (density) on the lot must comply with residential density standards identified in Section 102-633. The total amount of lot frontage, however, only needs to satisfy the minimum amount of lot frontage required in Section 102-633 for the most intensive use on the property.

(2)

If there is a residential use and a nonresidential use (NOTE: home occupations are considered a residential use) located on the same lot (property), the size of the lot must satisfy the combined minimum lot size requirement in Section 102-633, the Dimensional Standards Table, for the respective residential use and the respective nonresidential use. The total amount of lot frontage, however, only needs to satisfy the minimum amount of lot frontage required in Section 102-633 for the most intensive use on the property.

(d)

Determination of property lines and structure setbacks. The applicant or property owner shall be responsible for verifying the dimensions of the property and that all required structure setbacks are met. All structure setbacks shall be measured from the respective property lines. The applicant, property owner, Code Enforcement Officer, or Planning Board may use a property survey, property deed, a Maine Department of Transportation or City road layout or right-of-way, or similar information to assist in determining the location of property lines and the required minimum amount of structure setback. The Code Enforcement Officer or Planning Board shall have the authority to require an applicant or property owner to provide a survey to identify property lines and structure setback requirements if either deems that a survey is necessary to verify the applicant's or owner's representations and that City Ordinance standards are met.

Sec. 102-633 Dimensional Standards Table.

[Added 4-5-2022(3); amended 2-7-2023(6)]

Division 16, Northwesterly of Bypass Outside Rural Zoning Dimensional Table
DIMENSIONAL STANDARD	RESIDENTIAL-4	ROUTE 3-RURAL	OUTSIDE RURAL - 1	OUTSIDE RURAL -2	ROUTE 3 COMMERCIAL	OFFICE PARK	ROUTE 137 MIXED USE
1) MINIMUM LOT SIZE
1.1) MINIMUM LOT SIZE FOR LOT CONNECTED TO PUBLIC SEWER
a. Minimum Lot Size, Single Family Residential, Public Sewer	14,520 sf (0.33 Acre)	43,560 sf (1 Acre)	43,560 sf (1 Acre)	43,560 sf (1 Acre)	14,520 sf (0.33 Acre)	14,520 sf (0.33 Acre)	14,520 sf (0.33 Acre)
b. Minimum Lot Size, Single Family Residential, Back Lot, Public Sewer	12,500 sf	32,670 sf (0.75 Acre)	32,670 sf (0.75 Acre)	32,670 sf (0.75 Acre)	12,500 sf	12,500 sf	12,500 sf
c. Minimum Lot Size, Single-Family Residential with Detached Accessory Dwelling Unit, Public Sewer. Reference Footnote *[F] for Additional Standards	14,520 sf (0.33 Acre) *[F]	43,560 sf (1 Acre) *[F]	43,560 sf (1 Acre) *[F]	43,560 sf (1 Acre) *[F]	14,520 sf (0.33 Acre) *[F]	14,520 sf (0.33 Acre) *[F]	14,520 sf (0.33 Acre) *[F]
d. Minimum Lot Size, Single-Family Residential with Detached Accessory Dwelling unit, Back Lot, Public Sewer. Reference Footnote *[F] for Additional Standards	12,500 sf *[F]	32,670 sf (0.75 Acre) *[F]	32,670 sf (0.75 Acre) *[F]	32,670 sf (0.75 Acre) [F]	12,500 sf *[F]	12,500 sf *[F]	12,500 sf *[F]
e. Minimum Lot Size, Two Family Residential, Public Sewer	14,520 sf (0.33 Acre)	43,560 sf (1 Acre)	43,560 (1 Acre)	43,560 sf (1 Acre)	14,520 sf (0.33 Acre)	14,520 sf (0.33 Acre)	14,520 sf (0.33 Acre)
f. Minimum Lot Size, Two Family Residential, Back Lot, Public Sewer	12,500 sf	32,670 sf (0.75 Acre)	32,670 sf (0.75 Acre)	32,670 sf (0.75 Acre)	12,500 sf	12,500 sf	12,500 sf
g. Minimum Lot Size, Multi-Family Residential, Public Sewer. Standard for backlot is the same as a lot with road frontage. Reference Footnote *[G] for Additional Standards	21,780 Net sf (0.5 Net Acre). Lot size increases based on number of dwelling units; reference Density Standards in this Table. Also reference Footnote *[G]	Reference Flex Housing Standard in this Table for amount of multi-family allowed. Tri-plex or Four-plex only for Multi-Family Structure. Also reference Footnote *[G]	Reference Flex Housing Standard in this Table for amount of multi-family allowed. Tri-plex or Four-plex only for Multi-Family Structure. Also reference Footnote *[G]	Reference Flex Housing Standard in this Table for amount of multi-family allowed. Tri-plex or Four-plex only for Multi-Family Structure. Also reference Footnote *[G]	21,780 Net sf (0.5 Net Acre). Lot size increases based on number of dwelling units; reference Density Standards in this Table. Also reference Footnote *[G]	21,780 Net sf (0.5 Net Acre). Lot size increases based on number of dwelling units; reference Density Standards in this Table. Also reference Footnote *[G]	21,780 Net sf (0.5 Net Acre). Lot size increases based on number of dwelling units; reference Density Standards in this Table. Also reference Footnote *[G]
h. Dwelling, Flex Housing Public Sewer The minimum lot size standard for a backlot is the same as a lot with road frontage. Reference Footnote *[G] for Additional Standards	21,780 Net sf (0.5 Net Acre) with requirements to increase lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units allowed in a single structure using Flex Housing; reference Density standard [J] in the Dimensional Table. Also see [G]	65,340 NET sf (1.5 Net Acre) with requirements to increase lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units allowed in a single structure using Flex Housing; reference Density standard [K] in this Dimensional Table. Also see [G]	65,340 NET sf (1.5 Net Acre) with requirements to increase lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units allowed in a single structure using Flex Housing; reference Density standard [K] in this Dimensional Table. Also see [G]	65,340 NET sf (1.5 Net Acre) with requirements to increase lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units allowed in a single structure using Flex Housing; reference Density standard [K] in this Dimensional Table. Also see [G]	21,780 Net sf (0.5 Net Acre) with requirements to increase lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units allowed in a single structure using Flex Housing; reference Density standard [J] in the Dimensional Table. Also see [G]	21,780 Net sf (0.5 Net Acre) with requirements to increase lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units allowed in a single structure using Flex Housing; reference Density standard [J] in the Dimensional Table. Also see [G]	21,780 Net sf (0.5 Net Acre) with requirements to increase lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units allowed in a single structure using Flex Housing; reference Density standard [J] in the Dimensional Table. Also see [G]
i. Minimum Lot Size, Non-Residential, Public Sewer. Reference Footnote *[I] for Additional Standards	43,560 Net sf (1 Net Acre). Reference Footnote [A] for amount of lot size and lot frontage increase based on traffic. See Footnote [I] regarding nonconformities.	87,120 Net sf (2 Net Acre). Reference Footnote [A] for amount of lot size and lot frontage increase based on traffic. See Footnote [I] regarding nonconformities.	108,900 Net sf (2.5 Net Acre). Reference Footnote [A] for amount of lot size and lot frontage increase based on traffic. See Footnote [I] regarding nonconformities.	87,120 Net sf (2 Net Acre). Reference Footnote [A] for amount of lot size and lot frontage increase based on traffic. See Footnote [I] regarding nonconformities.	43,560 Net sf (1 Net Acre). Reference Footnote [E] for amount of lot size and lot frontage increase based on traffic. See Footnote [I] regarding nonconformities.	43,560 Net sf (1 Net Acre). See Footnote *[I] regarding nonconformities.	43,560 Net sf (1 Net Acre). Reference Footnote [E] for amount of lot size and lot frontage increase based on traffic. See Footnote [I] regarding nonconformities.
1.2) MINIMUM LOT SIZE FOR LOT THAT USES A SUBSURFACE WASTEWATER DISPOSAL SYSTEM
a. Minimum Lot Size, Single-Family Residential, Subsurface System	21,780 sf (0.5 Acre)	87,120 sf (2 Acre)	87,120 sf (2 Acres)	43,560 sf (1 Acre)	21,780 sf (0.5 Acre)	21,780 sf (0.5 Acre)	21,780 sf (0.5 Acre)
b. Minimum Lot Size, Single-Family Residential, Back Lot, Subsurface System	21,780 sf (0.5 Acre)	65,340 sf (1.5 Acre)	65,340 sf (1.5 Acre)	32,670 sf (0.75 Acre)	21,780 sf (0.5 Acre)	21,780 sf (0.5 Acre)	21,780 sf (0.5 Acre)
c. Minimum Lot Size, Single-Family Residential with Detached Accessory Dwelling Unit, Subsurface System. Reference Footnote *[F] for Additional Standards	21,780 sf (0.5 Acre) *[F]	87,120 sf (2 Acre) *[F]	87,120 sf (2 Acres) *[F]	43,560 sf (1 Acre) *[F]	21,780 sf (0.5 Acre) *[F]	21,780 sf (0.5 Acre) *[F]	21,780 sf (0.5 Acre) *[F]
d. Minimum Lot Size, Single-Family Residential with Detached Accessory Dwelling Unit, Back Lot, Subsurface System. Reference Footnote *[F] for additional Standards	21,780 sf (0.5 Acre) *[F]	65,340 F (1.5 Acre) *[F]	65,340 sf (1.5 Acre) *[F]	32,670 sf (0.75 Acre) *[F]	21,780 sf (0.5 Acre) *[F]	21,780 sf (0.5 Acre) *[F]	21,780 sf (0.5 Acre) *[F]
e. Minimum Lot Size, Two-Family Residential, Subsurface System	21,780 sf (0.5 Acre)	87,120 sf (2 Acre)	87,120 sf (2 Acre)	43,560 sf (1 Acre)	21,780 sf (0.5 Acre) *[F]	21,780 sf (0.5 Acre) *[F]	21,780 sf (0.5 Acre) *[F]
f. Minimum Lot Size, Two-Family Residential, Back Lot, Subsurface System	21,780 sf (0.5 Acre)	65,340 sf (1.5 Acre)	65,340 sf (1.5 Acre)	32.670 sf (0.75 Acre)	21,780 sf (0.5 Acre) *[F]	21,780 sf (0.5 Acre) *[F]	21,780 sf (0.5 Acre) *[F]
g. Minimum Lot Size, Multi-Family Residential, Subsurface System. Minimum lot size for a backlot is the same as a lot with road frontage	43,560 NET sf (1 Net Acre). Lot size increases based on number of dwelling units; reference Density Standard in this Table & see Footnote *[G]	Reference Flex Housing Standard to determine minimum lot size for multi-family. Maximum size structure is a four-plex. Also see Footnote *[G]	Reference Flex Housing Standard to determine minimum lot size for multi-family. Maximum size structure is a four-plex. Also see Footnote *[G]	Reference Flex Housing Standard to determine minimum lot size for multi-family. Maximum size structure is a four-plex. Also see Footnote *[G]	43,560 NET sf (1 Net Acre). Lot size increases based on number of dwelling units; reference Density Standard in this Table. Also see Footnote *[G]	43,560 NET sf (1 Net Acre). Lot size increases based on number of dwelling units; reference Density Standard in this Table. Also see Footnote *[G]	43,560 NET sf (1 Net Acre). Lot size increases based on number of dwelling units; reference Density Standard in this Table. Also see Footnote *[G]
h. Residential, Flex Housing Subsurface System. Minimum lot size standard for a backlot is the same as a lot with road frontage. Reference Footnote *[G] for additional Standards	43,560 NET sf (1 Net Acre) with increases in lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units in a single structure. Reference density standard in Footnote [L] Also see [G]	87,120 NET sf (2 Net Acres) with increases in lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units in a single structure. Reference density standard in Footnote [M]. Also see [G]	87,120 NET sf (2 Net Acres) with increases in lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units in a single structure. Reference density standard in Footnote [M]. Also see [G]	87,120 NET sf (2 Net Acres) with increases in lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units in a single structure. Reference density standard in Footnote [M]. Also see [G]	43,560 NET sf (1 Net Acre) with increases in lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units in a single structure. Reference density standard in Footnote [L]. Also see [G]	43,560 NET sf (1 Net Acre) with increases in lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units in a single structure. Reference density standard in Footnote [L]. Also see [G]	43,560 NET sf (1 Net Acre) with increases in lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units in a single structure. Reference density standard in Footnote [L]. Also see [G]
i. Minimum Lot Size, Non-Residential, Subsurface System. Reference Footnote *[I] for Additional Standards.	43,560 Net sf (1 Net Acre). Reference Footnote [A] for amount of lot size and lot frontage increase based on traffic and Footnote [I] for nonconformities	87,120 NET sf (2 Net Acres). Reference Footnote [A] for amount of Lot Size and lot frontage increase based on traffic and Footnote [I] for nonconformities.	108,900 NET sf (2.5 Net Acres). Reference Footnote [A] for amount of Lot Size and lot frontage increase based on traffic and Footnote [I] for nonconformities.	87,120 NET sf (2 Net Acres). Reference Footnote [A] for amount of Lot Size and lot frontage increase based on traffic and Footnote [I] for nonconformities.	43,560 Net sf (1 Net Acre). Reference Footnote [E] for amount of lot size and lot frontage increase based on traffic & Footnote [I] for nonconformities.	43,560 Net sf (1 Net Acre). Reference Footnote *[I] for nonconformities.	43,560 Net sf (1 Net Acre). Reference Footnote [E] for amount of lot size and lot frontage increase based on traffic & Footnote [I] for nonconformities.
2) MINIMUM STREET (LOT) FRONTAGE FOR A LOT
a. Minimum Street Frontage - Residential	150 Lineal ft	200 Lineal ft	200 Lineal ft	200 Lineal ft	150 Lineal ft	150 Lineal ft	150 Lineal ft
b. Minimum Street Frontage - Non-Residential	150 Lineal ft with increases based on amount of traffic *[A]	200 Lineal ft with increases based on amount of traffic; reference Footnote *[A]	250 Lineal ft with increases based on amount of traffic; reference Footnote *[A]	200 Lineal ft with increases based on amount of traffic; reference Footnote *[A]	150 Lineal ft. Footnote *[E] identifies standards that requires increase in lot frontage based on traffic.	200 Lineal ft.	150 Lineal ft. Footnote *[E] identifies standards that requires increase in lot frontage based on traffic.
c. Minimum Width Lot - Back Lot - Residential	125 Lineal ft	200 Lineal ft	200 Lineal ft	150 Lineal ft	125 Lineal ft	125 Lineal ft	125 Lineal ft
d. Minimum Width Lot - Back Lot - Non-Residential	150 Lineal ft	200 Lineal ft	200 Lineal ft	200 Lineal ft	150 Lineal ft	150 Lineal ft	150 Lineal ft
3) MINIMUM FRONT SETBACK FOR A STRUCTURE
a. Front Setback, Structure-Residential (Primary Structure)	30 ft	30 ft	30 ft	30 ft	30 ft	30 ft	30 ft
b. Front Setback, Structure-Residential (Accessory Structure)	30 ft	30 ft	30 ft	30 ft	30 ft	30 ft	30 ft
c. Front Setback, Structure - Nonresidential (Primary Structure)	50 ft *[C]	75 ft *[C]	75 ft *[C]	50 ft *[C]	Reference Footnote *[H] for specific setback requirements based on structure size.	Reference Footnote *[O] for specific setback requirements based on structure size.	Reference Footnote *[H] for specific setback requirements based on structure size.
d. Front Setback, Structure - Nonresidential (Accessory Structure)	50 ft *[C]	75 ft *[C]	75 ft *[C]	50 ft *[C]	Reference Footnote *[H] for specific setback requirements based on structure size.	Reference Footnote *[O] for specific setback requirements based on structure size.	Reference Footnote *[H] for specific setback requirements based on structure size.
4) MINIMUM SIDE SETBACK FOR A STRUCTURE
a. Side Setback-Residential - Primary Structure	15 ft, except 25 ft for multi-family	15 ft, except 25 ft for multi-family	15 ft, except 25 ft for multi-family	15 ft, except 25 ft for multi-family	15 ft, except 25 ft for multi-family	15 ft, except 25 ft for multi-family	15 ft, except 25 ft for multi-family
b. Side Setback - Residential - Accessory Structure	15 ft, except 25 ft for multi-family	15 ft, except 25 ft for multi-family	15 ft, except 25 ft for multi-family	15 ft, except 25 ft for multi-family	15 ft, except 25 ft for multi-family	15 ft, except 25 ft for multi-family	15 ft, except 25 ft for multi-family
c. Side Setback - Non-Residential - Primary Structure	25 ft *[C]	25 ft *[C]	30 ft *[C]	25 ft *[C]	Reference Footnote *[H] for specific setback requirements based on structure size.	Reference Footnote *[O] for specific setback requirements based on structure size.	Reference Footnote *[H] for specific setback requirements based on structure size.
d. Side Setback - Non-Residential - Accessory Structure	25 ft *[C]	30 ft *[C]	30 ft *[C]	30 ft *[C]	Reference Footnote *[H] for specific setback requirements based on structure size.	Reference Footnote *[O] for specific setback requirements based on structure size.	Reference Footnote *[H] for specific setback requirements based on structure size.
5) MINIMUM REAR SETBACK FOR A STRUCTURE
a. Rear Setback - Residential - Primary Structure	15 ft, except 25 ft for multi-family	15 ft	15 ft	15 ft	15 ft, except 25 ft for multi-family	15 ft, except 25 ft for multi-family	15 ft, except 25 ft for multi-family
b. Rear Setback - Residential - Accessory Structure	15 ft, except 25 ft for multi-family	15 ft	15 ft	15 ft	15 ft, except 25 ft for multi-family	15 ft, except 25 ft for multi-family	15 ft, except 25 ft for multi-family
c. Rear Setback - Nonresidential - Primary Structure	15 ft	20 ft *[C]	20 ft *[C]	20 ft *[C]	Reference Footnote *[H] for specific setback requirements based on structure size.	Reference Footnote *[O] for specific setback requirements based on structure size.	Reference Footnote *[H] for specific setback requirements based on structure size.
d. Rear Setback - Nonresidential - Accessory Structure	15 ft	20 ft *[C]	20 ft *[C]	20 ft *[C]	Reference Footnote *[H] for specific setback requirements based on structure size.	Reference Footnote *[O] for specific setback requirements based on structure size.	Reference Footnote *[H] for specific setback requirements based on structure size.
6) DENSITY STANDARD (Number of Dwelling Units Per Size of Lot)
6.1 DENSITY STANDARD FOR DWELLING UNITS CONNECTED TO PUBLIC SEWER
a. Single Family Residential (Public Sewer)	1 Unit Per 14,520 sf or 1 Unit Per 12,500 sf for a Back Lot	1 Unit Per 43,560 sf (1 Acre) or 1 Unit Per 32,670 sf for a Back Lot	1 Unit Per 43,560 sf (1 Acre) or 1 Unit Per 32,670 sf for a Back Lot	1 Unit Per 43,560 sf (1 Acre) or 1 Unit Per 32,670 sf for a Back Lot	1 Unit Per 14,520 sf or 1 Unit Per 12,500 sf for a Back Lot	1 Unit Per 14,520 sf or 1 Unit Per 12,500 sf for a Back Lot	1 Unit Per 14,520 sf or 1 Unit Per 12,500 sf for a Back Lot
b. Single Family Residential with a Detached Accessory Dwelling Unit (Public Sewer). Reference Footnote *[F] for Additional Standards	1 Primary and 1 Detached Accessory Unit Per 14,520 sf or 1 Primary and 1 Detached Unit per 12,500 sf for a Back Lot. *[F]	1 Primary and 1 Detached Accessory Unit Per 43,560 sf (1 Acre) or 1 Unit Per 32,670 sf for Back Lots. *[F]	1 Primary and 1 Detached Accessory Unit Per 43,560 sf (1 Acre) or 1 Primary and 1 Detached Unit Per 32,670 sf for Back Lots. *[F]	1 Primary and 1 Detached Accessory Unit Per 43,560 sf (1 Acre) or 1 Unit Per 32,670 sf for Back Lots. *[F]	1 Primary and 1 Detached Accessory Unit Per 14,520 sf or 1 Primary and 1 Detached Unit per 12,500 sf for a Back Lot. *[F]	1 Primary and 1 Detached Accessory Unit Per 14,520 sf or 1 Primary and 1 Detached Unit per 12,500 sf for a Back Lot. *[F]	1 Primary and 1 Detached Accessory Unit Per 14,520 sf or 1 Primary and 1 Detached Unit per 12,500 sf for a Back Lot. *[F]
c. Two-Family Residential, Public Sewer	1 Duplex Structure Per 14,520 sf or 1 Structure Per 12,500 sf for a Back lot.	1 Duplex Structure Per 43,560 sf (1 Acre) or 1 Structure Per 32,670 sf for a Back Lot.	1 Duplex Structure Per 43,560 sf (1 Acre) or 1 Structure Per 32,670 sf for a Back Lot.	1 Duplex Structure Per 43,560 sf (1 Acre) or 1 Structure Per 32,670 sf for a Back Lot.	1 Primary and 1 Detached Accessory Unit Per 14,520 sf or 1 Primary and 1 Detached Unit per 12,500 sf for a Back Lot.	1 Primary and 1 Detached Accessory Unit Per 14,520 sf or 1 Primary and 1 Detached Unit per 12,500 sf for a Back Lot.	1 Primary and 1 Detached Accessory Unit Per 14,520 sf or 1 Primary and 1 Detached Unit per 12,500 sf for a Back Lot.
d. Multi-Family Residential, Public Sewer. The Density Standard for Multi-Family Housing on a Back Lot is calculated the same as for a lot that has Street Frontage. Reference Footnote *[G] for additional standards.	4 Units Per Initial 21,780 NET sf (0.5 Net Acres) and 2,500 Net sf for each additional unit. [D] and [G]	Reference Flex Housing standard for density for multi-family. Maximum of 4 dwelling units in a single structure. *[G]	Reference Flex Housing standard for density. Maximum of 4 dwelling units in a single structure. *[G]	Reference Flex Housing standard for density. Maximum of 4 dwelling units in a single structure. *[G]	6 Units per Initial 21,780 Net sf (0.5 Net Acre) and 1,500 Net sf for each additional unit. Reference Footnote *[G] for additional standards.	6 Units per Initial 21,780 Net sf (0.5 Net Acre) and 1,500 Net sf for each additional unit. Reference Footnote *[G] for additional standards.	6 Units per Initial 21,780 Net sf (0.5 Net Acre) and 1,500 Net sf for each additional unit. Reference Footnote *[G] for additional standards.
e. Residential, Flex Housing - Public Sewer. Reference Footnote *[G] for additional standards	See Footnote [J] for density standard. Also see Footnote [G] for additional standards.	See Footnote [K] for density standard. Also see Footnote [G] for additional standards.	See Footnote [K] for density standard. Also see Footnote [G] for additional standards.	See Footnote [K] for density standard. Also see Footnote [G] for additional standards.	See Footnote [J] for density standard. Also see Footnote [G] for additional standards.	See Footnote [J] for density standard. Also see Footnote [G] for additional standards.	See Footnote [J] for density standard. Also see Footnote [G] for additional standards.
6.2 DENSITY STANDARD FOR DWELLING UNITS THAT USE A SUBSURFACE WASTEWATER DISPOSAL SYSTEM.
a. Single Family Residential (Subsurface System)	1 Unit Per 21,780 sf (0.5 Acre). There is no change in the Density Standard for a Back Lot.	1 Unit Per 87,120 sf (2 Acres). Back Lot is calculated at a Density Standard of 1 Unit Per 65,340 sf (1.5 Acre)	1 Unit Per 87,120 sf (2 Acres). Back Lot is calculated at a Density Standard of 1 Unit Per 65,340 sf (1.5 Acre)	1 Unit Per 43,560 sf (1 Acre). Back Lot is calculated at a Density Standard of 1 Unit Per 32,670 sf (0.5 Acre).	1 Unit Per 21,780 sf (0.5 Acre). There is no change in the Density Standard for a Back Lot.	1 Unit Per 21,780 sf (0.5 Acre). There is no change in the Density Standard for a Back Lot.	1 Unit Per 21,780 sf (0.5 Acre). There is no change in the Density Standard for a Back Lot.
b. Single Family Residential with a Detached Accessory Dwelling Unit, (Subsurface System). Reference Footnote *[F] for additional standards	1 Primary and 1 Detached Accessory Unit Per 21,780 sf (0.5 Acre). There is no change in the Density Standard for a Back Lot. *[F]	1 Primary and 1 Detached Accessory Unit Per 87,120 sf (2 Acres). The Density Standard for a Back Lot is Calculated at 1 Primary Structure and 1 Detached Accessory Structure Per 65,340 sf (1.5 Acre). *[F]	1 Primary and 1 Detached Accessory Unit Per 87,120 sf (2 Acres). The density standard for a back lot is calculated at 1 primary structure and 1 detached accessory structure per 65,340 sf (1.5 Acre). *[F]	1 Primary and 1 Detached Accessory Unit Per 43,560 sf (1 Acre). The density standard for a back lot is calculated at 1 primary structure and 1 detached accessory structure per 32,670 sf (0.75 acre). *[F]	1 Primary and 1 Detached Accessory Unit Per 21,780 sf (0.5 Acre). There is no change in the Density Standard for a Back Lot. *[F]	1 Primary and 1 Detached Accessory Unit Per 21,780 sf (0.5 Acre). There is no change in the Density Standard for a Back Lot. *[F]	1 Primary and 1 Detached Accessory Unit Per 21,780 sf (0.5 Acre). There is no change in the Density Standard for a Back Lot. *[F]
c. Two-Family Residential, Subsurface System	1 Duplex Structure Per 21,780 sf. There is no change in the density standard for a back lot.	1 Duplex Structure Per 87,120 sf (2 Acres). The density standard for a back lot is calculated at 1 duplex structure per 65,340 sf (1.5 acre).	1 Duplex Structure Per 87,120 sf (2 Acres). The density standard for a back lot is calculated at 1 duplex structure per 65,340 sf (1.5 acre).	1 Duplex Structure Per 43,560 sf (1 Acres). The density standard for a back lot is calculated at 1 duplex structure per 32,670 sf (0.75 acre).	1 Duplex Structure Per 21,780 sf. There is no change in the density standard for a back lot.	1 Duplex Structure Per 21,780 sf. There is no change in the density standard for a back lot.	1 Duplex Structure Per 21,780 sf. There is no change in the density standard for a back lot.
d. Multi-Family Residential, Subsurface System. Reference Footnote *[G] for additional standards.	Four multi-family dwelling units for initial 1 Net Acre (43,560 Net sf), and 10,890 Net sf for each additional multi-family dwelling unit. *[G]	Reference Flex Housing standard [M] for density for multi-family housing. Maximum of 4 dwelling units in a single structure. [G]	Reference Flex Housing standard [M] for density for multi-family housing. Maximum of 4 dwelling units in a single structure. [G]	Reference Flex Housing standard [M] for density for multi-family housing. Maximum of 4 dwelling units in a single structure. [G]	Four multi-family dwelling units for initial 1 Net Acre (43,560 Net sf), and 10,890 Net sf for each additional multi-family dwelling unit. *[G]	Four multi-family dwelling units for initial 1 Net Acre (43,560 Net sf), and 10,890 Net sf for each additional multi-family dwelling unit. *[G]	Four multi-family dwelling units for initial 1 Net Acre (43,560 Net sf), and 10,890 Net sf for each additional multi-family dwelling unit. *[G]
e. Residential, Flex Housing, Subsurface System Reference Footnote *[G] for additional standards.	See Footnote [L] for Density Standard. Also see Footnote [G].	See Footnote [M] for Density Standard. Also see Footnote [G].	See Footnote [M] for Density Standard. Also see Footnote [G].	See Footnote [M] for Density Standard. Also see Footnote [G].	See Footnote [L] for Density Standard. Also see Footnote [G].	See Footnote [L] for Density Standard. Also see Footnote [G].	See Footnote [L] for Density Standard. Also see Footnote [G].
7) MAXIMUM LOT COVERAGE
a. Maximum Lot Coverage (Impervious Surface Ratio) - Residential: Single Family, Two-Family and Single Family with Detached Accessory Dwelling Units	50% if lot is less than 10,890 sf, and 40% for lots 10,890 sf or greater in size. See Footnote *[O] if lot does not conform to lot coverage.	Not Applicable	Not Applicable	Not Applicable	60% if lot is less than 10,890 sf, and 35% for lots 10,890 sf or greater in size. See Footnote *[O] if lot does not conform to lot coverage.	35% for all lots. See Footnote *[O] if lot does not conform to lot coverage.	50% if lot is less than 10,890 sf, and 40% for lots 10,890 sf or greater in size. See Footnote *[O] if lot does not conform to lot coverage.
b. Maximum Lot Coverage (Impervious Surface Ratio) - Residential: Multi-Family Housing and Flex Housing	50%. See Footnote *[O] if lot does not conform to lot coverage.	40% See Footnote *[O] if lot does not conform to lot coverage.	40%. See Footnote *[O] if lot does not conform to lot coverage.	40%. See Footnote *[O] if lot does not conform to lot coverage.	60%. See Footnote *[O] if lot does not conform to lot coverage.	60%. See Footnote *[O] if lot does not conform to lot coverage.	60%. See Footnote *[O] if lot does not conform to lot coverage.
c. Maximum Lot Coverage (Impervious Surface Ratio) - Nonresidential	50%. See Footnote *[O] if lot does not conform to lot coverage.	50%. See Footnote *[O] if lot does not conform to lot coverage.	50%. See Footnote *[O] if lot does not conform to lot coverage.	50%. See Footnote *[O] if lot does not conform to lot coverage.	No maximum coverage for a lot less than 5 acres in size. 70% for lots greater than 5 acres in size. See Footnote *[O] if a lot does not conform to lot coverage.	No maximum coverage for a lot less than 2 acres in size, and 55% for lots greater than 2 acres in size. See Footnote *[O] if a lot does not conform to lot coverage.	No maximum coverage for a lot less than 2 acres in size, and 65% for lots greater than 2 acres in size. See Footnote *[O] if a lot does not conform to lot coverage.
d. (Reserved)					Not Relevant	Not Relevant	Not Relevant
e. (Reserved)					Not Relevant	Not Relevant	Not Relevant
8) MAXIMUM STRUCTURE HEIGHT
a. Maximum Height, Residential -(Non-Shoreland Area)	38 ft	38 ft	38 ft	38 ft	38 ft and 45 ft for multi-family.	38 ft and 45 ft for multi-family.	38 ft and 45 ft for multi-family.
b. Maximum Height, Nonresidential - Non-Shoreland Areas	38 ft	38 ft	38 ft	38 ft	45 ft	45 ft	38 ft

Sec. 102-634 Footnotes to the Dimensional Standards Table.

[Added 4-5-2022(3); amended 2-7-2023(6)]

The Footnotes in Section 102-634 apply to the Dimensional Standards Table for the Northwesterly of Bypass and Outside Rural zoning districts; reference Section 102-633, Dimensional Standards Table. The Footnotes identify specific provisions that apply to certain dimensional requirements identified in the Dimensional Standards Table. The Footnotes appear next to the information that is the subject to the Footnote, and are shown in the Dimensional Standards Table as follows: *[upper case letter].

*[A]

In the Residential-4, Route 3 Rural, Outside Rural-1, Outside Rural-2, and Special Use Areas in Outside Rural 1 and Outside Rural 2 zoning districts, the minimum amount of lot size and lot frontage, if the lot has frontage on a road, identified for a respective zoning district, shall increase in accordance with the following table based on the amount of traffic generated by a nonresidential use on the property:

A.1	50 or less Vehicle Trips Per Peak Hour (VTPH). Minimum lot size and lot frontage identified in the Dimensional Table.
A.2	More than 51 VTPH, but less than 100 VTPH. Property must satisfy the minimum lot size, and, the amount of lot frontage must increase by 15% more than the minimum amount of lot frontage identified in the Dimensional Table.
A.3	More than 100 VTPH, but less than 200 VTPH. Size of property must be 25% greater than the minimum lot size, and the amount of lot frontage must increase by 25% more than the minimum amount of lot frontage identified in the Dimensional Table.
A.4	More than 200 VTPH, but less than 300 VTPH. Size of property must be 50% greater than the minimum lot size, and the amount of lot frontage must increase by 50% more than the amount of lot frontage identified in the Dimensional Table.
A.5	More than 300 VTPH. Size of property and amount of lot frontage must be 100% greater than the minimum lot size and minimum lot frontage identified in the Dimensional Table.

*[B]

Repealed by Council on February 7, 2023.

*[C]

The amount of structure setback identified in the Dimensional Standards Table for the respective zoning district shall apply to structures constructed after February 7, 2023 (which is the date that the Council adopted amendments to the original provisions of Division 16, Outside Rural, to establish Division 16, Northwesterly of Bypass and Outside Rural). Structures constructed prior to February 7, 2023 (which is the date that the Council adopted amendments to the original provisions of Division 16, Outside Rural, to establish Division 16, Northwesterly of Bypass and Outside Rural) shall, at a minimum, comply with the following standards: front setback - 30 feet, side setback - 15 feet, and rear setback - 15 feet.

*[D]

The limit on the maximum number of dwelling units that can be constructed in a single multi-family housing structure in the Residential 4 zoning district is 30, and the maximum number of bedrooms in a structure is 60, regardless if a property is connected to public sewer or uses a subsurface system to manage wastewater.

*[E]

For Division 16, Northwesterly of Bypass and Outside Rural Districts, Footnote *[E] applies to the minimum lot size and lot frontage requirements for the Route 3 Commercial and Route 137 Mixed Use zoning districts.

In the Route 3 Commercial zoning district, the minimum size of a lot and the minimum amount of road frontage for a property that is used for a nonresidential use must comply with the applicable Nonresidential Development Standards identified in Chapter 102, Zoning, Article IX, Performance Standards, Division 3, Nonresidential Development Standards for the Route 3 Commercial District, reference Section 102-1182, Minimum Lot Size and Lot Frontage requirements.

In the Route 137 Mixed Use zoning district, the minimum size of a lot and the minimum amount of road frontage for a property that is used for a nonresidential use must comply with the applicable Nonresidential Development Standards identified in Chapter 102, Zoning, Article IX, Performance Standards, Division 4, Nonresidential Development Standards for the Route One South Mixed Use, Searsport Avenue Commercial, Searsport Avenue Waterfront, and Route 137 Mixed Use zoning districts, reference Section 102-1242, Minimum Lot Size and Lot Frontage requirements.

*[F]

A property that is proposed to be developed as a single family residence with a detached accessory dwelling unit must comply with the Chapter 102, Zoning, Article IX, Performance Standards, Division 6, Supplemental Performance Standards for an Accessory Dwelling Unit in a Detached Structure.

*[G]

A property that is proposed to be developed as a multi-family dwelling structure or a flex housing project must comply with the Chapter 102, Zoning, Article IX, Performance Standards, Division 7, Multi-family housing and Flex Housing. Said standards shall apply to any structure in a flex housing project, even if the respective structure(s) has less than three units.

*[H]

For Division 16, Northwesterly of Bypass and Outside Rural Districts, Footnote *[H] applies to the minimum structure setback requirements for the Route 3 Commercial and Route 137 Mixed Use zoning districts.

In the Route 3 Commercial zoning district, nonresidential structures shall comply with the minimum structure setback requirements established in the Article IX, Performance Standards, Division 3, Nonresidential Development Standards for the Route 3 Commercial zoning district, including:

Section 102-1183, Minimum front setback requirements for nonresidential structures;

Section 102-1184, Minimum side setback requirements for nonresidential structures; and

Section 102-1185, Minimum rear setback requirements for nonresidential structures.

In the Route 137 Mixed Use zoning district, nonresidential structures shall comply with the minimum structure setback requirements established in the Article IX, Performance Standards, Division 4, Nonresidential Development Standards for the Route One South Mixed Use, Searsport Avenue Commercial, Searsport Avenue Waterfront, and Route 137 Mixed Use zoning districts, including:

Section 102-1243, Minimum front setback requirements for nonresidential structures;

Section 102-1244, Minimum side setback requirements for nonresidential structures; and

Section 102-1245, Minimum rear setback requirements for nonresidential structures.

*[I]

A property that is proposed to be developed for a nonresidential use after April 5, 2022, (which is the date of adoption of the initial Division 16, Outside Rural amendments) must satisfy the minimum lot size and minimum lot frontage requirement specified in the Dimensional Standards Table. A property that was developed for a nonresidential use on or before April 5, 2022 (which is the date of adoption of the initial Division 16, Outside Rural amendments) that does not satisfy either or both the minimum lot size and minimum lot frontage requirement for the respective zoning district shall be considered a legally established use that is located on a nonconforming lot of record.

*[J]

Dwelling, Flex housing, Residential 4, Route 3 Commercial, Office Park, and Route 137 Mixed Use zoning districts, if the property is connected to public sewer.

Flex Housing is an approach that is designed to allow an individual property owner flexibility in the maximum number of dwelling units, type of dwelling units, and number of dwelling structures that can be constructed on a property. The density standard for Flex Housing is based on the size (area) of the lot (as calculated using net developable acreage), the number of dwelling units, the number of dwelling structures, and the method used to manage wastewater, public sewer or a subsurface wastewater disposal system. The maximum number of dwelling units that can be constructed in any one structure is four, and the density standard shall be the same for a lot that has frontage on a road and for a back-lot, and shall be based on the standard for a lot that has road frontage.

In all cases, a Flex Housing project that involves the construction of three or more dwelling units shall require review by the Planning Board pursuant to Chapter 90, Site Plans, and in some cases, a Flex Housing project that involves the construction of two new dwelling units on a property shall require Planning Board review pursuant to Chapter 90, Site Plans; reference Chapter 90, Site Plans, Article V, Board Review of a Multi-Family Housing or Flex Housing Project. Also, if the amount of proposed development involves the construction of nine or more dwelling units and/or six or more dwelling structures, the Flex Housing project shall be subject to review pursuant to both the requirements of Chapter 90, Site Plans, and Chapter 102, Zoning, Article VI, Planned Unit Development (PUD). The Article VI, Planned Unit Development shall apply even though the size of the property may be less than the minimum standards regarding lot size for a PUD identified in Article VI, Division 1, Residential Planned Unit Development. An applicant, when a permit application is submitted, must declare if the proposed development is a multi-family or a flex housing project, which shall affirm the standards in the City Code of Ordinances that shall apply to the project.

The following Table identifies the density standards that shall apply to the Residential 4, Route 3 Commercial, Office Park, and Route 137 Mixed Use zoning districts for the Flex Housing approach if the property is connected to public sewer.

Minimum Size of Property	Maximum # of Dwelling Units	Maximum # of Dwelling Structures
21,780 sf (0.5 Net Acre)	4	3
32,670 sf (0.75 Net Acre)	6	4
43,560 sf (1 Net Acre)	8	5
54,450 sf (1.25 Net Acre)	10	6
65,340 sf (1.5 Net Acre)	12	7

If a proposed Flex Housing project involves the development of a property that is greater than 1.5 Net Acres in Size, and the development of 13 or more dwelling units and/or eight or more dwelling structures, the formula for calculating such additional development shall be based on a ratio of two additional dwelling units and one additional dwelling structure for each increment of 0.25 Net acres. However, in no case may a single structure have more than four dwelling units.

*[K]

Residential, Flex housing, Route 3 Rural, Outside Rural-1, Outside Rural-2, and the Special Use Areas in the Outside Rural-1 and Outside Rural-2 zoning districts, if the property is connected to public sewer.

In all cases, a Flex Housing project that involves the construction of three or more dwelling units shall require review by the Planning Board pursuant to Chapter 90, Site Plans, and in some cases, a Flex Housing project that involves the construction of two new dwelling units on a property shall require Planning Board review pursuant to Chapter 90, Site Plans; reference Chapter 90, Site Plans, Article V, Board Review of a Multi-Family Housing or Flex Housing Project. Also, if the amount of proposed development involves the construction of nine or more dwelling units and/or six or more dwelling structures, the project shall be subject to review pursuant to both the requirements of Chapter 90, Site Plans, and Chapter 102, Zoning, Article VI, Planned Unit Development PUD). The Article VI, Planned Unit Development shall apply even though the size of the property may be less than the minimum standards regarding lot size for a PUD identified in Article VI, Division 1, Residential Planned Unit Development. An applicant, when a permit application is submitted, must declare if the proposed development is a multi-family or a flex housing project, which shall affirm the standards in the City Code of Ordinances that shall apply to the project.

The following Table identifies the density standards that shall apply to the Route 3 Rural, Outside Rural-1, and Outside Rural-2 zoning districts, as well as the Special Use Areas for the Outside Rural-1 and Outside Rural-2 Districts, for the Flex Housing approach if the property is connected to public sewer.

Minimum Size of Property	Maximum # of Dwelling Units	Maximum # of Dwelling Structures
65,340 sf (1.5 Net Acre)	4	3
87,120 sf (2 Net Acre)	6	4
108,900 sf (2.5 Net Acre)	8	5
130,680 sf (3 Net Acre)	10	6
152,460 sf (3.5 Net Acre)	12	7

If a proposed Flex Housing project involves the development of a property that is greater than 3.5 Net Acres in Size, and the development of 13 or more dwelling units in eight or more dwelling structures, the formula for calculating such additional development shall be based on a ratio of two additional dwelling units and 1 additional dwelling structure for each increment of 0.5 Net acres. However, in no case shall a single structure have more than four dwelling units.

*[L]

Residential, Flex housing, Residential 4, Route 3 Commercial, Office Park, and Route 137 Mixed Use zoning districts, if property uses a subsurface system to manage wastewater.

In all cases, a Flex Housing project that involves the construction of three or more dwelling units shall require review by the Planning Board pursuant to Chapter 90, Site Plans, and in some cases, a Flex Housing project that involves the construction of two new dwelling units on a property shall require Planning Board review pursuant to Chapter 90, Site Plans; reference Chapter 90, Site Plans, Article V, Board Review of a Multi-Family Housing or Flex Housing Project. Also, if the amount of development proposed involves the development of nine or more dwelling units and/or six or more dwelling structures, the project shall be subject to review pursuant to both the requirements of Chapter 90, Site Plans, and Chapter 102, Zoning, Article VI, Planned Unit Development PUD). The Article VI, Planned Unit Development shall apply even though the size of the property may be less than the minimum standards regarding lot size for a PUD identified in Article VI, Division 1, Residential Planned Unit Development. An applicant, when a permit application is submitted, must declare if the proposed development is a multi-family or a flex housing project, which shall affirm the standards in the City Code of Ordinances that shall apply to the project.

Minimum Size of Property	Maximum # of Dwelling Units	Maximum # of Dwelling Structures
43,560 sf (1 Net Acre)	4	3
65,340 sf (1.5 Net Acre)	6	4
87,120 sf (2 Net Acre)	8	5
109,900 sf (2.5 Net Acre)	10	6
130,680 sf (3 Net Acre)	12	7

If a proposed Flex Housing project involves the development of a property that is greater than 3 Net Acres in Size, and the development of 13 or more dwelling units, in 8 or more dwelling structures, the formula for calculating such additional development shall be based on a ratio of 2 additional dwelling units and 1 additional dwelling structure for each increment of .5 Net acres. However, in no case shall a single structure have more than 4 dwelling units.

*[M]

In all cases, a Flex Housing project that involves the construction of three or more dwelling units shall require review by the Planning Board pursuant to Chapter 90, Site Plans, and in some cases, a Flex Housing project that involves the construction of two new dwelling units on a property shall require Planning Board review pursuant to Chapter 90, Site Plans; reference Chapter 90, Site Plans, Article V, Board Review of a Multi-Family Housing or Flex Housing Project. Also, if the amount of proposed development involves the construction of nine or more dwelling units and/or six or more dwelling structures, the project shall be subject to review pursuant to both the requirements of Chapter 90, Site Plans, and Chapter 102, Zoning, Article VI, Planned Unit Development PUD). The Article VI, Planned Unit Development shall apply even though the size of the property may be less than the minimum standards regarding lot size for a PUD identified in Article VI, Division 1, Residential Planned Unit Development. An applicant, when a permit application is submitted, must declare if the proposed development is a multi-family or a flex housing project, which shall affirm the standards in the City Code of Ordinances that shall apply to the project.

The following Table identifies the density standards that shall apply to the Route 3 Rural, Outside Rural-1, and Outside Rural-2 zoning districts, as well as the Special Use Areas in the Outside Rural-1 and Outside Rural-2 zoning districts, if the property uses a subsurface wastewater disposal system for managing wastewater.

Minimum Size of Property	Maximum # of Dwelling Units	Maximum # of Dwelling Structures
87,120 sf (2 Net Acre)	4	3
108,900 sf (2.5 Net Acre)	6	4
130,680 sf (3 Net Acre)	8	5
152,460 sf (3.5 Net Acre)	10	6
174,240 sf (4 Net Acre)	12	7

If a proposed Flex Housing project involves the development of a property that is greater than four Net Acres in Size, and the development of 13 or more dwelling units or eight or more dwelling structures, the formula for calculating such additional development shall be based on a ratio of two additional dwelling units and one additional dwelling structure for each increment of 0.5 Net acres. However, in no case shall a single structure have more than four dwelling units.

*[N]

A property that is nonconforming with respect to the amount of lot coverage identified in the Dimensional Standards Table for a respective zoning district may qualify for an increase in the maximum amount of lot coverage allowed; reference Chapter 102, Zoning, Article III, Nonconformance, Type 7 Nonconformity, Amount of Lot Coverage. The effective date of the Division 16, Northwesterly of Bypass and Outside Rural District amendments adopted by the Council, February 7, 2023, shall be the date used to determine if a property conforms to the maximum lot coverage requirements identified in this Division's Dimensional Table.

*[O]

In the Office Park zoning district, the following structure setbacks shall apply to nonresidential structures:

Front structure setback for primary and accessory structures. The amount of structure setback is based on the gross floor area of the structure:

Less Than 5,000 sf: 30 ft

5,001 to 15,000 sf: 40 ft

15,001 to 30,000 sf: 50 ft

30,001 to 50,000 sf: 75 ft

50,001 to 75,000 sf: 100 ft

Greater than 75,000 sf: 125 ft

Side structure setback for a primary and accessory structure, if the structure abuts another property or use located in the Office Park zoning district. The amount of structure setback is based on the gross floor area of the structure:

Less Than 5,000 sf: 15 feet

5,001 to 15,000 sf: 20 feet

15,001 to 30,000 sf: 25 feet

30,001 to 50,000 sf: 40 feet

50,001 to 75,000 sf: 45 feet

Greater Than 75,000 sf: 50 feet

Side structure setback for a primary and accessory structure, if the structure does not abut another property or use located in the Office Park zoning district, and abuts a property or use located in a different zoning district. The amount of structure setback is based on the gross floor area of the structure:

Less Than 5,000 sf: 35 feet

5,001 to 15,000 sf: 40 feet

15,001 to 30,000 sf: 50 feet

30,001 to 50,000 sf: 60 feet

50,001 to 75,000 sf: 80 feet

Greater Than 75,000 sf: 100 feet

Rear structure setback for a primary and accessory structure, if the structure abuts another property or use located in the Office Park zoning district. The amount of structure setback is based on the gross floor area of the structure:

Less Than 5,000 sf: 15 feet

5,001 to 15,000 sf: 20 feet

15,001 to 30,000 sf: 25 feet

30,001 to 50,000 sf: 40 feet

50,001 to 75,000 sf: 45 feet

Greater Than 75,000 sf: 50 feet

Rear structure setback for a primary and accessory structure, if the structure does not abut another property or use located in the Office Park zoning district, and abuts a property or use located in a different zoning district. The amount of structure setback is based on the gross floor area of the structure:

Less Than 5,000 sf: 35 feet

5,001 - 15,000 sf: 40 feet

15,001 - 30,000 sf: 50 feet

30,001 - 50,000 sf: 60 feet

50,001 - 75,000 sf: 80 feet

Greater Than 75,000 sf: 100 feet

Sec. 102-635 through Sec. 102-640. (Reserved)