ZONING ORDINANCE
TOWN OF
ADOPTED
INCLUDES
THE FOLLOWING AMENDMENT:
FEBRUARY 29, 2008 VOTER-APPROVED
TABLE OF CONTENTS
Article
1. Preamble . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 5
B. Short Title . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 5
C. Purposes . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 5
D. Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Article
2. Definitions of Terms Used in this Ordinance
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Article
3. Official Zoning Map . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30
Article 4.
Establishment of Zoning Districts . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .31
Article 5
General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . 35
Article 6.
Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . 42
Article 7.
Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . 57
A. Basic Requirements . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 57
B. District Regulations . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 57
* Land Use Table . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
C. Dimensional Requirements . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
* Dimensional
Requirements Table . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Article 8.
Shoreland Zoning Regulations . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 66
Article 9.
Aquifer Protection Zone . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 67
A. Purpose . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . 67
B. Scope . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . 67
C. Nature and Effect . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
67
D. Establishment of Districts . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 67
E. Non-Conformance . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 67
F. Land Uses . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.68
G. Land Use Standards . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
H. Requirements of Hydrogeological Study . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
I.
J. Uses Involving Hazardous or Special Waste
Material Prohibited . . . . . . . . . . . . . . . 69
K. Soils . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 69
L. Performance Standards . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
M. Timber
Harvesting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 70
N. Clearing of Vegetation for Development . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Article 10. Endangered Species and Critical Overlay Zones
. . . . . . . . . . . . . . . . . . . . . . . . 73
A. Purpose . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 73
B. Scope . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 73
C. Nature and Effect . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
D. Non-Conformance . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
E. Land Use and Performance Standards . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Article 11. Performance Standards – General Requirements
. . . . . . . . . . . . . . . . . . . . . . . . 75
A. Access to Lots . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 75
B. Air Emissions for Commercial/Industrial Uses
Only . . . . . . . . . . . . . . . . . . . . . . . . . 76
C. Buffer Areas/Setbacks for
Commercial/Industrial Uses Only . . . . . . . . . . . . . . . . . 76
D. Explosive Materials for Commercial/Industrial
Uses Only . . . . . . . . . . . . . . . . . . . 76
E. Glare . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 76
F. Landscaping . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 77
G. Noise . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 77
H. Off Street Parking and Loading . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
* Parking Space
Chart . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81
I. Refuse Disposal Commercial/Industrial . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82
J. Street Construction . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
K. Sanitary Provisions . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82
L. Setbacks and Screening . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
M. Signs . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .83
N. Soils . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .86
O. Soil Erosion Control . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
P. Storage of Materials . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87
Q. Storm Water Management . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
R. Timber Harvesting and
S. Toxic and Noxious Discharge . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
T. Traffic Impacts and Street Access Control . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
* Minimum Driveway
Spacing Chart . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .96
U. Water Quality . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
97
V. Water Supply . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 97
Article 12. Performance Standards, Specific Activities
and Land Uses . . . . . . . . . . . . . . . .
99
A. Agricultural Land Conservation and
Subdivision Standards . . . . . . . . . . . . . . . . . . 99
B. Animal Husbandry . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
C. Automobile Graveyards and Junkyards . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
D. Bed and Breakfasts . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
E. Campgrounds and Tenting Grounds . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
F. Cluster Developments . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
G. Recreational Facilities . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
H. Extractive Industry . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
I. Ground Water and Spring Water Extraction
and/or Storage . . . . . . . . . . . . . . . . . . . 114
J. Home Occupations . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
K. Hotels/Motels and Inns . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
L. Kennels and
M. Manufactured Housing . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
N. Multi-Family Developments . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
O. Professional Offices in Non-Conforming
Districts . . . . . . . . . . . . . . . . . . . . . . . . . . 131
P. Restaurants
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . .
131
Q. Schools, Colleges, Churches, Fraternal
Organizations, Not-for-Public Clubs . . . . . 132
R. Wireless Telecommunication Facilities . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Articles 13. Enforcement and Penalties . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
A. Enforcement Officer . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
B. Legal Actions and Violations . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
C. Fines . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 144
Article 14. Board of Appeals . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
A. Establishment and Organization . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
B. Proceedings of the Board of Appeals . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
C. Powers and Duties of the Board of Appeals . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
D. Variances . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
146
E. Appeals Procedure . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
F. Decisions of the Board of Appeals . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
G. Stay of Proceedings . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
H. Reconsideration . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
Article 15. Legal Status Provisions . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
A. Conflict with Other Laws . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
B. Severability . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
152
C. Repeal of Prior Ordinance . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .152
D. Effective Date . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 152
Article 16. Amendments . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
A. Initiation . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.153
B. Procedure . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
C. Adoption . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154
Article 1. Preamble
1.A. Authority
This Ordinance
has been prepared in accordance with the provisions of Titles 30-A and 38 of
the Maine Revised Statutes Annotated, as amended.
1.B. Short Title
This Ordinance
and the accompanying Official Zoning Map shall be known as and may be cited as the
"Zoning Ordinance,
1.C. Purpose
The purpose of
this Ordinance is to protect the health, safety, and general welfare of the
residents of the Town of Limington; to encourage appropriate use of land
throughout the municipality; to promote traffic safety; to provide safety from
fire and other elements; to provide adequate light and air; to prevent
overcrowding of real estate; to prevent housing development in unsuitable
areas; to provide an allotment of land area in new developments sufficient for
all the requirements of community life; to conserve natural resources and
visual character; and to provide for adequate public services, as an integral
part of a comprehensive plan for municipal development.
1.D. Jurisdiction
The provisions
of this Ordinance shall govern all land and all structures within the
boundaries of the Town of
1.E. Rules of Construction
Captions and
headings within this Ordinance are an integral part of the ordinance and are
intended to be utilized in determining the meaning and applicability of the
sections they identify.
Article
2. Definitions of Terms Used in this Ordinance
2. A. Construction
of Language
In the
interpretation and enforcement of this Ordinance, all words other than those
specifically defined in the ordinance shall have the meaning implied by their
context in the Ordinance or their ordinarily accepted meaning. In the case of
any difference of meaning or implication between the text of this Ordinance and
any map, illustration, or table, the text shall control.
The word
"person" includes firm, association, organization, partnership,
trust, company, or corporation, as well as an individual or any other legal
entity.
The present
tense includes the future tense, the singular number includes the plural, and
the plural numbers include the singular.
The words
"shall" and "will" are mandatory, the word "may"
is permissive.
The word
"lot" includes the words "plot" and "parcel".
The word
"used" or "occupied," as applied to any land or building,
shall be construed to include the words "intended, arranged or designed to
be used or occupied".
The word
"town" or "municipality" means the Town of
2. B. Definitions
In this Ordinance
the following terms shall have the following meanings:
Abandoned Use or Structure: A
use or structure which a person or entity has ceased maintaining or using for a
period of one (1) year.
Abutting
Property: Property
sharing a common boundary with or within two hundred fifty (250) feet of the
property, whether or not these properties are separated by a public or private
way.
Accessory Apartment:
Single bedroom apartment created solely for the purpose of providing
additional independent living quarters for a family member on the same lot as
the principal residence. Not considered
an additional dwelling unit.
Accessory
Use or Structure: A use
or structure which is customarily and in fact both incidental and subordinate
to the principal use or structure. The term "incidental" in reference
to the principal use or structure shall mean subordinate and minor in
significance to the principal use or structure. Accessory uses, when
aggregated, shall not subordinate the principal use of the lot. A deck or
similar extension of the principal structure or a garage attached to the
principal structure by a roof or a common wall is considered part of the
principal structure.
Agriculture:
The production, keeping
or maintenance for sale or lease, of plants and/or animals, including but not
limited to: forages and sod crops; grains and seed crops; dairy animals and
dairy products; poultry and poultry products; livestock; fruits and vegetables;
and nurseries and ornamental and greenhouse products. Agriculture does not
include forest management and timber harvesting activities.
Aggrieved
Party: An owner of land
whose property is directly or indirectly affected by the granting or denial of
a permit or variance under this Ordinance; a person whose land abuts land for
which a permit or variance has been granted; or any other person or group of
persons who have suffered particularized injury as a result of the granting or
denial of such permit or variance. The Selectmen of the Town of Limington shall
be included in the definition of Aggrieved Party with respect to any decision
of the Limington Planning Board or the Code Enforcement Officer made pursuant
to this Ordinance, and the Limington Planning Board shall be included in the
definition of Aggrieved Party with respect to any decision of the Code
Enforcement Officer made pursuant to this Ordinance.
Alteration:
any change, addition, or
modification in construction, other than cosmetic or decorative, or any change
in the structural members of buildings such as bearing walls, columns, beams,
or girders.
Amusement
Center: Any private, commercial
premises which are maintained or operated primarily for the amusement,
patronage, or recreation of the public, containing four (4) or more table
sports, pinball machines, video games, or similar mechanical or electronic
games, whether activated by coins, tokens, or discs, or whether activated
through remote control by the management.
Animal
Husbandry: The keeping of
any domestic animals, including fowl, other than customary household pets.
Antenna: Any system of poles, panels, rods,
reflecting discs or similar devices used for the transmission or reception of
radio or electromagnetic frequency signals.
Antenna Height:
The vertical distance measured from the base of the antenna support
structure at grade to the highest point of the structure, even if said highest
point is an antenna. Measurement of tower height shall include
antenna, base pad, and other appurtenances and shall be measured from the
finished grade of the facility site. If
the support structure is on a sloped grade, then the average between the
highest and lowest grades shall be used in calculating the antenna height.
Applicant:
The person or entity submitting a completed application for approval.
Aquaculture:
The growing or
propagation of harvestable freshwater, estuarine or marine plant or animal
species.
Aquifer: A saturated
permeable geologic unit that can transmit significant quantities of water under
ordinary hydraulic gradients.
Area of
Special Flood Hazard: The
land in the flood plain having a one percent or greater chance of flooding in
any given year.
Authorized
Agent: Anyone having
written authorization, signed by a property owner, to act on behalf of that
property owner.
Automobile
Graveyard: A yard, field
or other area used as a place of storage, other than temporary storage by an
establishment or place of business which is engaged primarily in doing auto
body repair work for the purpose of making repairs to render a motor vehicle
serviceable, for three or more unregistered motor vehicles.
Automobile
Service Station: A place
where gasoline or any other automobile engine fuel (stored only in DEP approved
storage tanks), kerosene or motor oil, and lubricants or grease are retailed
directly to the public on the premises; including the sale of minor accessories
and the servicing and minor repair of automobiles, not including the storage of
unlicensed vehicles, and not including body, frame or fender straightening and
repair.
Average Daily Traffic (ADT):
The average number of vehicles per day that enter and exit the premises
or travel over a specific section of road.
Basal Area:
The area of cross section of a tree stem at 4 ˝ feet above ground level
and inclusive of bark.
Base
Flood: Means the flood
having a one percent chance of being equaled or exceeded in any given year,
alternately referred to as the 100 year flood.
Basement:
The enclosed area
underneath a structure, typically having a masonry floor and walls which
comprise the structure's foundation. The clear height up to the joists
supporting the floor directly above is three feet or greater.
Bed
& Breakfast: A State
licensed facility offering three or more rooms for overnight stay to the
general public. A full or continental
breakfast is included.
Boardinghouse:
Any residential structure
where lodging or lodging and meals are provided for compensation for a period
of at least two weeks, and where a family residing in the building acts as
proprietor or owner. There is no provision for cooking in any individual room.
Boathouse:
A non-residential
structure designed for the purpose of protecting or storing boats for non-commercial
purposes.
Bottle
Club: An establishment
where no alcoholic beverages are sold, but where members, guests or customers
provide their own alcoholic beverages, paying a fee or other consideration for
admission or membership and/or for set-ups.
Buffer Area: A
part of a property or an entire property which is not built upon and is
specifically intended to separate and thus minimize the effects of a land use
activity (e.g., noise, dust, visibility, glare, etc.) on adjacent properties,
or on sensitive natural resources.
Building:
Any structure having a
roof supported by columns or walls for the housing or enclosure of persons,
animals, or personal property.
Building
Height: The vertical
distance measured between the mean original grade at the downhill side of the
building and the highest point of its roof, not including chimneys, spires,
towers, or similar accessory structures.
Campground:
Any area or tract of land
to accommodate two (2) or more parties in temporary living quarters, including,
but not limited to, tents, recreational vehicles or other structures.
Canopy: The more or less
continuous cover formed by tree crowns in a wooded area.
Change
of Use: A change from one
category in the land use table to another or the addition of a new category of
use to an existing use.
Channel:
A natural or artificial
watercourse with definite beds and banks to confine and conduct continuously or
periodically flowing water. Channel flow is water flowing within the limits of
the defined channel.
Club: Any association of persons organized for
social, religious, benevolent, or academic purposes; whose facilities are open
to members and guests, including fraternities, sororities, and social organizations.
Cluster
Development: A
development designed to promote the creation of open space by a reduction in
dimensional and area requirements.
Code
Enforcement Officer: A
person appointed by the Municipal Officers to administer and enforce this
ordinance. Reference to the Code Enforcement Officer may be construed to
include Building Inspector, Plumbing Inspector, Electrical Inspector, and the
like, where applicable.
Co-location:
The
use of a wireless
communications facility by more than one wireless telecommunications provider.
Commercial
Recreation: Any
commercial enterprise which receives a fee in return for the provision of some
recreational activity including but not limited to: racquet clubs, health
facilities, and amusement parks, but not including amusement centers.
Commercial
Use: The use of lands,
buildings or structures, other than a "home occupation" (defined below),
the intent or result of which activity is the production of income from the
buying and selling of goods and/or services, exclusive of rental of residential
buildings and/or dwelling units.
Conditional
Use Permit: A permit
authorized by the Planning Board for a Conditional Use. A Conditional Use is a
use that would not be appropriate without restriction, but which is permitted provided
that all performance standards and other requirements of this ordinance are
met. A Conditional Use Permit may be issued only after the applicant has
followed the procedures of this Ordinance. A Conditional Use Permit does not authorize
the applicant to build, but merely authorizes the Code Enforcement Officer to
issue a building permit, provided that all other requirements for the issuance
of a building permit are satisfied by the applicant.
Congregate
Housing: A multi-family
development with central dining facilities serving functionally impaired
persons, including without limitation functionally impaired elderly persons.
Construction:
Includes building,
erecting, altering, reconstructing, moving upon or any physical operations on
the premises which are required for construction. Excavation, fill, paving,
drainage, and the like, shall be considered as part of construction.
Convenience
Store: A store of less
than 1,500 square feet of floor space intended to service the convenience of a
residential neighborhood with such items as, but not limited to, basic foods, newspapers,
emergency home repair articles, and other household items.
Cross Sectional Area:
The cross sectional area of a stream or tributary stream channel is
determined by multiplying the stream or tributary stream channel width by the
average stream or tributary stream channel depth. The stream or tributary stream channel width
is the straight line distance from the normal high water line on one side of
the channel to the normal high water line on the opposite side of the
channel. The average stream or tributary
stream channel depth is the average of the vertical distance from a straight
line between the normal high water lines of the stream or tributary stream
channel to the bottom of the channel.
Day: A day is defined as any part of a day.
DBH: The diameter of a
standing tree measured 4.5 feet from ground level.
Deck: An uncovered structure with a floor,
elevated above ground level.
Decorative
Changes: Repainting or
re-siding; removing or replacing trim, railings, or other nonstructural architectural
details; or the addition, removal or change of location of windows and doors.
Density: The number of
dwelling units per acre of land.
Developed Area:
Any area on which a site improvement or change is made, including
buildings, landscaping, parking areas, and streets.
Development: A
change in land use involving alteration of the land, water or vegetation, or
the addition or alteration of structures or other construction not naturally
occurring.
Dimensional
Requirements: Numerical
standards relating to spatial relationships, including but not limited to
setback, lot area, shore frontage, and height.
Disability:
Any disability, infirmity, malformation, disfigurement, congenital
defect or mental condition caused by bodily injury, accident, disease, birth
defect, environmental conditions or illness; and also includes the physical or
mental condition of a person which constitutes a substantial handicap as
determined by a physician or in the case of mental handicap, by a psychiatrist
or psychologist, as well as any other health or sensory impairment which
requires special education, vocational rehabilitation or related services.
Direct Watershed of a Great Pond:
That portion of the watershed which drains directly to the great pond
without first passing through an upstream great pond.
Disruption of Shoreline Integrity:
The alteration of the physical shape, properties, or condition of a
shoreline at any location by timber harvesting and related activities. A shoreline where shoreline integrity has
been disrupted is recognized by compacted, scarified and/or rutted soil, an
abnormal channel or shoreline cross section, and in the case of flowing waters,
a profile and character altered from natural conditions.
District:
A specified portion of
the municipality, delineated on the Official Zoning Map, within which certain
regulations and requirements or various combinations thereof apply under the provisions
of this Ordinance.
Driveway:
A vehicular access
serving one or two private lots.
Dwelling:
Any building or structure,
or portion thereof, designed or used for residential purposes.
Single-Family
Dwelling: a building
containing only one (l) dwelling unit for occupation by not more than one (l)
family.
Multi-Family
Dwelling: a building
containing three (3) or more dwelling units, such buildings being designed for
residential use and occupancy by three (3) or more families living independently
of one another, with the number of families not exceeding the number of dwelling
units.
Dwelling
Unit: A room or suite of
rooms designed and equipped exclusively for use by one family at a time as a
permanent, seasonal or temporary habitation, and which contains independent
living, cooking, sleeping, bathing and sanitary facilities. The term includes
manufactured housing and rental units that contain independent living, cooking,
sleeping, bathing and sanitary facilities regardless of the time period rented.
Recreational vehicles or motel units
that do not contain independent living, cooking, sleeping, bathing and sanitary
facilities are not dwelling units.
Duplex:
A dwelling containing
exactly two (2) dwelling units.
Earthmoving:
The movement of soil, topsoil, loam, sand, gravel, clay, rock, peat or
other like material from its natural location to another location on the same
property.
Emergency
Operations: Operations
conducted for the public health, safety or general welfare, such as protection
of resources from immediate destruction or loss, law enforcement, and operations
to rescue human beings, property, and livestock from the threat of destruction
or injury.
Engineered Subsurface Waste Water Disposal
System: A subsurface waste water disposal system
designed, installed, and operated as a single unit to treat and dispose of
2,000 gallons of waste water per day or more; or any system designed to be
capable of treating waste water with higher Biological Oxygen Demand (BOD) and
total suspended solids concentrations than domestic waste water.
Essential
Services: The
construction, alteration or maintenance of gas, electrical or communication facilities;
steam, fuel, electric power or water transmission or distribution lines, towers
and related equipment; telephone cables or lines, poles and related equipment;
gas, oil, water, slurry or other similar pipelines; municipal sewage lines,
collection or supply systems; and associated storage tanks. Such systems may
include towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms
and police call boxes, traffic signals, hydrants and similar accessories, but
shall not include service drops or buildings which are necessary for the
furnishing of such services.
Expansion:
Of a
Structure: An increase in
the floor area or volume of a structure, including all extensions such as, but
not limited to, attached decks, garages, porches, and greenhouses.
Of a
Use: The addition of
weeks or months to a use's operating season; additional hours of operation; or
an increase in net floor area or ground area devoted to a particular use.
For Wireless Telecommunications:
The addition of antennas, towers, or other devices to an existing
structure.
Exterior
Walls of Traditional Site-Built Appearance: Siding materials such as clapboards shingles, and shakes,
including synthetic or metal siding manufactured to closely resemble clapboards,
shingles and shakes. This term shall also include masonry, wood
board-and-batten, and “Texture 1-11” exterior plywood, but shall not include
artificial masonry, or fake board-and batten made from metal or plastic.
Extraction (or “water extraction” or
“extraction of water”): Withdrawal, removal, diversion, taking or
collection by any means of water from ground water sources, aquifers, springs,
wells, pumps, or similar.
Extraction Point or Extraction Facility:
The physical location where water is extracted, whether by well, pump,
pipeline, catchment or other similar method.
FAA: The Federal
Aviation Administration, or its lawful successor.
Family:
One or more persons
occupying a premises and living as a single housekeeping unit.
FCC: The Federal
Communications Commission, or its lawful successor.
Filling:
Depositing or dumping soil,
topsoil, loam, sand, gravel, clay, rock, peat or other like material on or into
the ground or water.
Flea
Market: The sale of used
merchandise customarily involving tables or space leased or rented to vendors.
Floating
Slab: A reinforced
concrete slab which is designed to withstand pressures, both from below and
above.
Flood
Insurance Map: The
official map on which the Department of Housing and Urban Development or the
Federal Emergency Management Agency has delineated both the areas of special
flood hazard and the risk premium zones applicable to the Town.
Flood
Plain: The lands adjacent
to a water body which have been or may be covered by the base flood.
Floodway:
The channel of a river or
other watercourse and the adjacent land areas that must be reserved in order to
discharge the 100 year flood without cumulatively increasing the water surface elevation
more than one (1) foot in height.
Flood Zone, 100 Year:
See Base Flood.
Floor
Area: The sum of the
horizontal areas of the floor(s) of a structure enclosed by exterior walls, plus
the horizontal area of any unenclosed portions of a structure, such as porches
and decks.
Floor
Area, Gross: The sum, in
square feet, of the floor areas of all roofed portions of a building, as measured
from the exterior faces of the exterior walls.
Floor
Area, Net: The total of
all floor areas of a building, excluding the following: stairwells and elevator
shafts, equipment rooms, interior vehicular parking or loading; and floors
below the first or ground floor, except when used for human habitation or
service to the public.
Forest Management Activities:
Timber cruising and other forest resource evaluation activities,
pesticide or fertilizer application, management planning activities, timber
stand improvement, pruning, regeneration of forest stands, and other similar or
associated activities, exclusive of timber harvesting and the construction,
creation or maintenance of roads.
Forested Wetland: A
freshwater wetland dominated by woody vegetation that is six (6) meters tall
(approximately twenty (20) feet) or taller.
Foundation:
The supporting
substructure of a building or other structure, excluding wooden sills and post
supports, but including basements, slabs, frost walls, or other base consisting
of concrete, block, brick, or similar material.
Free-Standing
Sign: A self-supporting
sign not attached to any building, wall, or fence, but in a fixed location.
This does not include portable or trailer type signs.
Frontage:
Street:
The distance between the sidelines
of a lot as measured along the front lot line of the street right-of-way
limits.
Shore: The horizontal distance, measured in a
straight line, between the intersections of the lot lines with the shoreline at
"normal high-water line," as defined in this Ordinance.
Frost
Wall: A masonry
foundation wall extending below the ground surface, supported by footings located
below the frost-line to protect structures from frost heaves.
Garage
Sale: See Yard Sale.
Great Pond:
Any inland body of water which, in a natural state, has a surface area
in excess of ten (10) acres, and any inland body of water artificially formed
or increased which has a surface area in excess of thirty (30) acres, except
for the purposes of this Ordinance, where the artificially formed or increased
inland body of water is completely surrounded by land held by a single owner. Horne Pond is a Great Pond.
Ground Cover:
Small plants, fallen leaves, needles and twigs, and the partially
decayed organic matter of the forest floor.
Guest
House: See Inn.
Harvest Area:
The area where timber harvesting and related activities, including the
cutting of trees, skidding, yarding, and associated road construction take
place. The area affected by a harvest
encompasses the area within the outer boundaries of these activities, excepting
un-harvested areas greater than ten (10) acres within the area affected by a
harvest.
Health
care facility: Any
facility, whether public or private, proprietary or not for profit, required to
obtain a certificate of need in accordance with federal laws and regulations
under the National Health Planning and Resources Development Act of 1974, or
any amendment, and shall include hospitals, psychiatric hospitals, tuberculosis
hospitals, skilled nursing facilities, kidney disease treatment centers
including free standing hemodialysis units, intermediate care facilities, rehabilitation
facilities, ambulatory surgical facilities, home health care providers and
health maintenance organizations. The term shall not apply to any facility
operated by religious groups relying solely on spiritual means through prayer
for healing.
Height: The vertical
measurement from a point on the ground at the mean finish grade adjoining the
foundation as calculated by averaging the highest and lowest finished grade
around the building or structure, to the highest point of the building or
structure. The highest point shall
exclude farm building components, flagpoles, chimneys, ventilators, skylights,
domes, water towers, bell towers, church spires, processing towers, tanks,
bulkheads, or other building accessory features usually erected at a height
greater than the main roofs of buildings.
Height of a Structure:
The vertical distance between the mean original (prior to construction)
grade at the downhill side of the structure and the highest point of the
structure, excluding chimneys, steeples, antennas, and similar appurtenances
that have no floor area.
High Water Mark – Inland Waters:
That line which is apparent from visible markings, changes in the
character of soils due to prolonged action of water or changes in vegetation,
and which distinguishes between predominantly aquatic and predominantly
terrestrial land. In the case of
wetlands adjacent to rivers, streams, brooks, or ponds, the normal high water
mark is the upland edge of the wetland, and not the edge of the open water.
Home Occupation: An occupation or profession conducted on
or in a residential structure or property, and which is (1) clearly incidental
to and compatible with the residential use of the property and surrounding
residential uses; and (2) which employs no more than two (2) persons other than
family members residing in the house.
Hospital:
An institution providing,
but not limited to, overnight health services, primarily for inpatients, and
medical or surgical care for the sick or injured, including as an integral part
of the institution such related facilities as laboratories, out-patient
departments, training facilities, central services facilities, and staff
offices.
Hotel: A building in which lodging or meals and
lodging are offered to the general public for compensation and in which ingress
and egress to and from the rooms are made primarily through an inside lobby or
office. The hotel may contain such accessory services and facilities as
newsstands, personal grooming facilities and restaurants.
Increase in Non-Conformity of a Structure:
Any change in a structure or property which causes further deviation
from the dimensional standard(s) creating the non-conformity such as, but not
limited to, reduction in water body, tributary stream or wetland setback
distance, increase in lot coverage, or increase in height of a structure. Property changes or structure expansions
which either meet the dimensional standard or which cause no further increase
in the linear extent of non-conformance of the exiting structure shall not be
considered to increase non-conformity.
For example, there is no increase in non-conformity with the setback
requirement for water bodies, wetlands, or tributary streams if the expansion
extends no further into the required setback area than does any portion of the
existing non-conforming structure.
Hence, a structure may be expanded laterally provided that the expansion
extends no closer to the water body, tributary stream, or wetland than the
closest portion of the existing structure from that water body, tributary
stream, or wetland. Included in this
allowance are expansions which in-fill irregularly shaped structures.
Individual
Private Campsite: An area
of land which is not associated with a campground, but which is developed for
repeated camping by only one group not to exceed ten (10) individuals, and which
involves site improvements which may include, but need not be limited to, a gravel
pad, parking area, fireplace, or tent platform.
Industrial:
Of, relating to,
concerning, or arising from the assembling, fabrication, finishing, manufacturing,
packaging or processing of goods, except for mineral extraction.
Institutional/Government: A
non-profit or quasi-public use, or institution such as a church, library,
public or private school, hospital, or municipally owned or operated building,
structure or land used for public purposes.
Junkyard:
A yard, field or other
area used as place of storage for:
1.
Discarded, worn-out or junked plumbing, heating supplies, household appliances
and furniture;
2.
Discarded, scrap and junked lumber;
3. Old or
scrap copper, brass, rope, rags, batteries, paper trash, rubber or plastic
debris, waste and all scrap iron, steel and other scrap ferrous or non-ferrous
material; and
4. Garbage
dumps, waste dumps, and sanitary landfills.
Kennel:
A location where dogs or
cats are bred or boarded for commercial purposes or where more than eight (8)
dogs reside.
Land Management Road: A
route or track consisting of a bed of exposed mineral soil, gravel, or other
surfacing materials constructed for, or created by, the passage of motorized
vehicles and used primarily for timber harvesting and related activities,
including associated log yards, but not including skid trails or skid roads.
Large Scale Water Extraction:
Extraction of water from ground water sources, aquifers, springs, wells,
or similar in a total daily amount on any given day of 5000 gallons or more, as
extracted by the same individual or entity, or consortium or association of
individuals or entities, regardless of the number of extraction facilities
utilized.
Licensed Forester: A
forester licensed under 32 M.R.S.A., Chapter 76.
Lodging
House: See Inn.
Lot: A parcel of land occupied or capable of
being occupied by at least one building and the accessory buildings or uses
customarily incidental to it, including such open spaces as are required by
this Ordinance, and having frontage upon a street, road, or private road, as
required by this Ordinance.
Lot
Area: The total
horizontal area within the lot lines, minus the area below the upland edge of a
wetland or water body and areas beneath roads serving more than two lots.
Lot
Coverage: The percentage of the lot covered by all
buildings.
Front
Rear
Side
Lot,
Through: Any interior lot
having frontages on two more or less parallel streets or rights of way or
between a street and a water body, or a right of way and a water body, or
between two water bodies, as distinguished from a corner lot. All sides of
through lots adjacent to streets, rights of way, and water bodies shall be
considered frontage. For purposes of determining setbacks, the front lot line
shall be on one street or right-of-way only. The remaining lot lines shall be
treated, for purposes of determining required setbacks, as side lot lines.
Manufactured
Housing Unit: A structural
unit or units designed for occupancy and constructed in a manufacturing
facility and transported, by the use of its own chassis or an independent chassis,
to a building site. The term includes any type of building which
is constructed at a manufacturing facility and transported to a building site
where it is used for housing and may be purchased or sold by a dealer in the
interim. For purposes of this section,
two types of manufactured housing are included.
Those two types are:
1. This term also includes any structure
which meets all the requirements of this sub-paragraph, except the size
requirements and with respect to which the manufacturer voluntarily files
certification required by the Secretary of the United States Department of
Housing and Urban Development and complies with the standards established under
the National Manufactured Housing Construction and Safety Standards Act of
1974, United States Code, Title 42, Section 5401, et seq.; and
Those units
constructed after June 15, 1976, commonly called “newer mobile homes”, which
the manufacturer certifies are constructed in compliance with the United States
Department of Housing and Urban Development standards, meaning structures
transportable in one or more sections, which in the traveling mode are fourteen
(14) body feet or more in width and seven hundred and fifty (750) or more
square feet, and which are built on a permanent chassis and designed to be used
as dwellings, with or without permanent foundations, when connected to the
required utilities including the plumbing, heating, air conditioning or
electrical systems contained in the unit.
2. Those units commonly called “modular
homes”, which the manufacturer certified are constructed in compliance with
Title 10, Chapter 957, and rules adopted under that chapter, meaning
structures, transportable in one or more sections, which are not constructed on
a permanent chassis and are designed to be used as dwellings on foundations
when connected to required utilities, including the plumbing, heating, air
conditioning or electrical systems contained in the unit.
Manufacturing:
The making of goods and
articles by hand or machinery. Manufacturing shall include assembling,
fabricating, finishing, packaging or processing operations.
Marina:
A commercial
establishment having frontage on navigable water and, as its principal use, providing
for hire moorings or docking facilities for boats, and which may also provide
accessory services, such as boat and related sales, boat repair and
construction, indoor and outdoor storage of boats and related equipment, bait
and tackle shops, and marine fuel service facilities for boats.
Market
Value: The estimated
price a property will bring in the open market and under prevailing market
conditions in a sale between a willing seller and a willing buyer, both
conversant with the property and with prevailing general price levels.
Mechanized
Recreation: Recreation
activities which require the use of motors or engines for the operation of
equipment or participation in the activity except for the personal use of ATVs,
snowmobiles and other similar vehicles.
Mineral
Exploration: Hand
sampling, test boring or other methods of determining the nature or extent of
mineral resources which create minimal disturbance to the land, and which
include reasonable measures to restore disturbed areas to its original
condition.
Mineral
Extraction: Any operation
within any twelve (12) month period which removes more than one hundred (100)
cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat or other
like material from its natural location, and transports the product removed
away from the extraction site.
Minimum
Mobile
Home: See Manufactured
Housing Unit.
accommodate
three (3) or more manufactured housing units.
Motel: A building or group of buildings in which
lodging is offered to the general public for compensation, and where entrance
to rooms is made directly from the outside of the building. Motel includes such terms as tourist cabins
and tourist court. And transient accommodations which do not meet the
definition of Bed and Breakfast, Hotel or
Multifamily
Development: A lot which
contains one or more multifamily dwellings, two or more duplexes, three or more
single family dwellings, or any combination of buildings containing three or
more dwelling units or land in common ownership, such as apartment buildings,
condominiums, or mobile home parks.
Municipal Engineer: A
registered professional engineer hired or retained by the municipality, either
as staff or on a consulting basis.
Municipal Officers/Officials:
The Board of Selectmen of the Town of
Native: Indigenous to the
local forests.
Naturally
Internally Drained: Areas
of a site that, as a result of predevelopment topography and interim and final
topography produced during development of the site, are and will remain at all times
over the course of the development graded so that neither eroded materials or
runoff either crosses the property boundary or enters a river, brook, stream,
great pond or freshwater or coastal wetland or other protected area. Areas that
rely on man-made structures to maintain internal drainage are not considered
naturally internally drained.
Net
Residential Acreage: The
acreage available for development, excluding the area for streets or access and
the areas which are unsuitable for development.
Net Residential
Density: The number of
dwelling units per net residential acre.
Non-Conforming Condition:
Non-conforming lot, structure, or use which is allowed solely because it
was in lawful existence at the time this Ordinance or subsequent amendments
took effect.
Non-Conforming
Non-Conforming
Structure: A structure
that does not meet any one or more of the following dimensional requirements:
set-backs, height, and lot coverage, but which is allowed solely because it was
in lawful existence at the time this Ordinance or subsequent amendments took
effect.
Non-Conforming
Use: Use of land or
structures, or parts thereof, that is not allowed in the district or overlay
district in which it is located or which does not meet the performance
standards prescribed for it by this Ordinance, but which is allowed solely because
it was in lawful existence at the time this Ordinance or subsequent amendments
took effect.
Non-Intensive
Recreation: Recreation
activities which necessitate some degree of structural or mechanical components
for participation in the activity, such as ball fields, playgrounds, and tennis
courts, or no structural or mechanical components or facilities, such as
hiking, fishing, or hunting.
Normal
High-Water Line: That
line on the shores and banks of waters which is apparent because of the
different character of the soil or the vegetation due to the prolonged action
of the water or changes in vegetation, and which distinguishes between
predominantly aquatic and predominantly terrestrial land. Areas contiguous with
rivers and great ponds that support non-forested wetland vegetation and hydric
soils and that are at the same or lower elevation as the water level of the
river or great pond during the period of normal high water are considered part
of the river or great pond.
Nursing
Home or Convalescent Home: A facility in which nursing care and medical
services are performed under the general direction of persons licensed to
practice medicine in the State of Maine for the accommodation of convalescent
or other persons who are not in need of hospital care, but who do require, on a
24-hour basis, nursing care and related medical services.
Open
Space Use: A use not
involving: a structure; earth-moving activity; or the removal or destruction of
vegetative cover, spawning grounds, or fish, aquatic life, bird, and other
wildlife habitat.
Parks
and Outdoor Recreation Areas: Public and private non-commercial recreation facilities open to
the general public and requiring minimal structural development, including, but
not limited to playgrounds, parks, monuments, green strips, open space,
mini-parks, athletic fields, boat launching ramps, piers and docks, picnic
grounds, swimming pools, and wildlife and nature preserves, along with any
necessary accessory facilities, rest rooms, bath houses, and the maintenance of
such land and facilities, but not including campgrounds, commercial recreation and
amusement centers as defined elsewhere in this ordinance.
Parking Space: A
parking space shall be a minimum of 10’ wide x 20’ deep. An angled parking
space shall be increased by 10% and 25%.
Patio: An uncovered floor usually made of
concrete, brick or other masonry material, which is not elevated above the
surface of the ground in any matter.
Permanent
Foundation:
1. A full, poured concrete or masonry
foundation;
2. A poured concrete frost wall or a mortared
frost wall, with or without a concrete floor;
3. A floating slab for which the municipality
may require an engineer’s certification if it is to be placed on soil with high
frost susceptibility; and
4. Any foundation which, pursuant to the
building code of the municipality, is permitted for other types of single
family dwellings.
Person: Includes a firm,
association, organization, partnership, trust, company, or corporation, as well
as an individual.
Personal
Property: Property which
is owned, utilized and maintained by an individual or members of his or her
family (as that term is defined in this Ordinance) and acquired in the normal
course of living in or maintaining a residence. It does not include merchandise
which was purchased for resale or obtained on consignment.
Personal
Service: A business which
provides services but where no materials are stocked or sold.
Piers,
docks, wharves, bridges, and other structures and uses extending over or beyond
the normal high-water line or within a wetland:
1. Temporary:
Structures which remain in the water for less than seven (7) months in any period
of twelve (12) consecutive months.
2. Permanent:
Structures which remain in the water for seven (7) months or more in any period
of Twelve (12) months.
Pitched,
Shingled Roof: A roof
with a pitch of 2 or more vertical units for every 12 horizontal units of
measurement and which is covered with asphalt or fiberglass composition
shingles or other materials, but specifically excludes corrugated metal roofing
material.
Porch
Portable
Signs: A sign standing
on, rather than fixed to, the ground. Such signs are usually, but not
necessarily, supported from the ground by one (1) or more poles or posts or
similar uprights with or without braces, including benches and/or sandwich
boards.
Principal
Structure: The structure
in which the principal use of the lot is conducted.
Principal
Use: The primary use to
which the premises or lot are devoted.
Private
Road: See Streets.
Professional
Engineer: A professional
engineer, registered in the State of
Professional
Services: A business that
offers any type of personal service to the public which requires, as a
condition precedent to the rendering of such service, the obtaining of a
license or other legal authorization. By way of example, and without limiting
the generality of this definition, professional services include services
rendered by certified public accountants, public accountants, engineers,
chiropractors, dentists, osteopaths, physicians and surgeons, podiatrists, chiropodists,
architects, veterinarians, attorneys at law, physical therapists, and life
insurance agents.
Public
Facility: Any facility,
including but not limited to buildings, property, recreation areas, and roads,
which are leased or otherwise operated or funded by a governmental body or
public entity.
Public Way: A
road opened to use by the public and maintained privately or by a governing
agency. Roads discontinued subject to
gates and bars are included.
Recent
Flood Plain Soils: The
following soils series as described and identified by the National Cooperative
Soil Survey:
Alluvial Cornish
Charles Fryeburg Hadley Limerick Lovewell Medomak Ondawa Podunk Rumney
Recreational Facility: A place designed and equipped for the conduct of sports, leisure
time activities, and other customary and usual recreational activities,
excluding boat launching facilities.
Recreational
Vehicle: A vehicle or
vehicular attachment designed for temporary sleeping or living quarters for one
or more persons, which may include a pick-up camper, travel trailer, tent
trailer, camp trailer, and motor home. In order to be considered as a vehicle
and not as a structure, the unit must remain with its tires on the ground, and
must be road worthy (i.e., possess a current registration sticker from any
state Division of Motor Vehicles).
Replacement
System: A system intended
to replace:
1. An existing subsurface sewage system which
is either malfunctioning or being upgraded with no significant change of design
flow or use of the structure it serves or
2. Any existing overboard waste water
discharge.
Residential
Growth Permit: A document
required under the Limington Growth Ordinance (to which reference may be made
for a more complete definition).
Residential
Use: Any land use which
includes a dwelling unit.
Residual Basal Area:
The average of the basal area of trees remaining on a harvested site.
Residual Stand: A
stand of trees remaining in the forest following timber harvesting and related
activities.
Restaurant:
An establishment where
meals are prepared and served to the public for consumption for compensation.
Standard
Restaurant: A business
involving the preparation and serving of meals for consumption on the premises,
requiring moderate amounts of time between the period of ordering and serving
of the food.
Fast
Food Restaurant: A
business involving the preparation and serving of meals for consumption on the
premises or off the premises, normally requiring short amounts of time between
the period of ordering and serving of the food, which is served in edible or
disposable containers.
Drive-In
Restaurant: A business
involving the preparation and serving of meals for consumption on the premises
in a motor vehicle or off the premises, normally requiring short amounts of
time between the period of ordering and serving of the food, which is served in
edible or disposable containers.
Reviewing Authority, Reviewing Agency,
Planning Board: These terms are used interchangeably in these
regulations and have the same meaning.
Riprap:
Rocks, irregularly
shaped, and at least six (6) inches in diameter, used for erosion control and
soil stabilization, typically used on ground slopes of two (2) units horizontal
to one (1) vertical or less.
River: The
Road: See Streets
Satellite
Receiving Dish: An
antenna designed to receive signals from satellites.
School:
1. Public and Private - including Parochial School: An
institution for education or instruction where any branch or branches of
knowledge are imparted and which satisfies either of the following
requirements:
(a) The institution is not operated for a profit
or a gainful business; or
(b) The institution teaches courses of study which
are sufficient to qualify attendance there as compliance with State compulsory
education requirements.
2.
Seasonal Camp/Cottage: A
camp/cottage that is intended for non-residential use no more than six (6)
months in any calendar year. Not
considered an additional dwelling unit for purposes of the Growth Ordinance.
Service
Drop: Any utility line
extension which does not cross or run beneath any portion of a water body
provided that:
In the case of electric service:
1. The
placement of wires and/or the installation of utility poles is located entirely
upon the premises of the customer requesting service or upon a roadway
right-of-way; and
2. The
total length of the extension is less than one thousand (1000) feet;
In the case of telephone service:
1. The extension, regardless of length, will
be made by the installation of telephone wires to existing utility poles, or
2. The extension requiring the installation
of new utility poles or placement underground is less than one thousand (1000)
feet in length.
Setback/Shoreland:
The nearest horizontal distance from the normal high water line of a
water body or tributary stream, or upland edge of a wetland, to the nearest
part of a structure, parking space or other regulated object or area.
Setback,
Back: The distance between the rear
line of the lot, extending the full width of the lot, and the nearest part of
any principal or accessory structure on the lot measured from overhangs or
other permanent protrusions. Back or
rear setback and back or rear yard are synonymous.
Setback,
Front: The distance
between the line of any frontage extending the width of the frontage, and the
nearest part of any principal or accessory structure on the lot measured from
overhangs or other permanent protrusions.
Front setback and front yard are synonymous.
Setback,
Side: The distance between the side
property line and the nearest part of any principal or accessory structure on
the lot measured from overhangs or other permanent protrusions. Any lot line not a back lot line or a front
lot line shall be deemed a side lot line.
Side setbacks and side yard are synonymous.
Shoreland
Zone: The land area
located within two hundred and fifty (250) feet, horizontal distance, of the
normal high-water line of any great pond or river; within two hundred and fifty
(250) feet, horizontal distance, of the upland edge of a wetland; or within
seventy-five (75) feet, horizontal distance, of the normal high-water line of a
stream.
Shoreline:
The normal high-water line or upland edge of a freshwater or coastal
wetland.
Sign: A display surface, fabric or device
containing organized and related elements (letters, pictures, products, or
sculptures) composed to form a single unit, designed to convey information
visually and which is exposed to public view. In cases where matter is
displayed in a random or unconnected manner without an organized relationship,
each such component shall constitute a sign. Any structure, display, logo,
device or representation which is designed or used to advertise or call
attention to any item, business, activity or place and is visible from outside
a building. It does not include the flag, pennant or insignia of any nation,
state or town.
Sign
Area: Total sign area
shall be the aggregate of all exposed faces.
Skid Road or Skid Trail: A
route repeatedly used by forwarding machinery or animal to haul or drag forest
products from the stump to the yard or landing, the construction of which
requires minimal excavation.
Slash: The residue, e.g.,
treetops and branches, left on the ground after a timber harvest.
Sight Distance: The length of
unobstructed sight line of motor vehicle drivers in normal daylight
conditions. Sight distance is measured
from the perspective of a hypothetical person seated in a vehicle from three
(3) vantage points: (1) sitting in the access viewing vehicles traveling on the
highway (both left and right), (2) traveling on the highway viewing a vehicle
sitting in an access and (3) traveling on the highway viewing a vehicle turning
into the access (both ahead and behind).
In case of discrepancy between these measurements, the lesser
measurement will be used to determine whether the sight distance standard is
met. Sight distance is measured to and
from the point on the centerline of the proposed access that is located ten
(10) feet from the edge of the traveled way.
The height of the hypothetical person’s view is considered to be 3 ˝
feet above the pavement and the height of the object being viewed is considered
to be 4 ˝ feet above the pavement.
Soil Survey:
High Intensity: A map
prepared by a Certified Soil Scientist, identifying the soil types down to 1/8
acre or less at a scale equivalent to the subdivision plan submitted. The soils shall be identified in accordance
with the National Cooperative Soil Survey.
The map shall show the location of all test pits used to identify the
soils, and shall be accompanied by a log of each sample point identifying the
textural classification and the depth to seasonal high water table or bedrock
at that location. Single soil test pits
and their evaluation for suitability for subsurface waste water disposal
systems shall not be considered to constitute high intensity soil surveys.
Medium Intensity: A map prepared by a Certified Soil Scientist, identifying the soil
types on a per-lot basis at a scale equivalent to the subdivision plan
submitted. The soils shall be identified
in accordance with the National Cooperative Soil Survey. The map shall show the location of all test
pits used to identify the soils, and shall be accompanied by a log of each
sample point identifying the textural classification and depth to seasonal high
water table or bedrock at that location.
Stream:
A free flowing body of
water from the outlet of a great pond or the confluence of two (2) perennial
streams, as depicted on the most recent edition of a United States Geological
Survey 7.5 minute series topographic map or, if not available, a 15 minute
series topographic map, to the point where the body of water becomes a river or
flows to another water body or wetland within the shoreland area..
Street: Public and private ways such as alleys,
avenues, highways, roads, and other rights-of-way, as well as areas on
subdivision plans designated as rights-of-way for vehicular access. Driveways, as defined, are excluded.
Street Classification:
Arterial Street: A
major thoroughfare which serves as a major traffic way for travel between and
through the municipality. The following
roadways shall be considered arterial streets:
List streets designated as arterials in the Comprehensive Plan or other
planning document.
Collector Street: A
street with average daily traffic of 200 vehicles per day or greater, or
streets which serve as feeders to arterial streets, and collectors of traffic
from minor streets.
Cul-de-sac: A
street with only one outlet and having the other end for the reversal of
traffic movement.
Industrial or
Minor
Street Construction:
The construction of a new street or the upgrading of an existing street
or right-of-way. Routine street maintenance
is not considered street
construction.
Structure:
Anything constructed or
erected, the use of which requires a fixed location on or in the ground, or an
attachment to something having a fixed location on the ground, including
buildings, commercial park rides and games, satellite receiving dishes,
carports, decks, other building features, and patios within the shoreland
areas, but not including signs, sidewalks, fences, patios not in the shoreland
areas, driveways, parking lots, and poles, wiring and other aerial equipment
normally associated with service drops as well as guying and guy anchors.
In Shoreland Zone or Aquifer Protection
Zone: Includes any structure for which construction
began on or after (insert date),
2008. The area included in the expansion
of an existing structure is deemed to be a new structure.
Subdivision:
A division of land as
defined in Title 30-A, Section 4401 of the Maine Revised Statutes Annotated. Without limiting or expanding the foregoing, a
subdivision is, in general terms, the division of a lot of land into three or
more lots within a single five year period.
(
Substantial
Expansion: Floor space
increase of 25% or new materials or processes not normally associated with the
existing use.
Substantial
Start: Completion of
thirty (30) percent of a permitted structure or use measured as a percentage of
estimated total cost.
Subsurface
Sewage Disposal System: Any system designed to dispose of waste or waste
water on or beneath the surface of the earth; includes, but is not limited
to: septic tanks; disposal fields; grandfathered
cesspools; holding tanks; pre-treatment filter, piping, or any other fixture,
mechanism, or apparatus used for those purposes; does not include any discharge
system licensed under 38 M.R.S.A., Section 414, any surface waste water
disposal system, or any municipal or quasi-municipal sewer or waste water
treatment system.
Sustained
Slope: A change in
elevation where the referenced percent grade, measured at two-foot contour
intervals, is maintained or exceeded throughout the measured area.
Tag
Sale: See Yard Sale.
Temporary
Sign: Any sign erected,
affixed or maintained on a premises for a short, fixed period of time including
portable and/or mobile signs such as sandwich boards and signs on trailers. For
purposes of measuring length of time a temporary sign is displayed, use of a
sign for any length of time in a twenty-four (24) hour period shall constitute
a day.
Timber
Harvesting: The cutting
and removal of timber for the primary purpose of selling or processing forest
products. The cutting or removal of
trees in the Shoreland zone on a lot that has less then two (2) acres within
the Shoreland zone shall be not considered timber harvesting. Such cutting or removal of trees shall be
regulated pursuant to Article 11.R Clearing or Removal of Vegetation for
Activities Other Than Timber Harvesting.
Trailer,
Utility: A vehicle
without motive power, designed to be towed by a passenger automobile but not
designed for human occupancy and which may include a utility trailer, boat
trailer, horse trailer, or snowmobile trailer.
Tributary
Stream: A channel between
defined banks, created by the action of surface water, whether intermittent or
perennial; and which is characterized by the lack of upland vegetation or presence
of aquatic vegetation, and by the presence of a bed devoid of topsoil,
containing waterborne deposits on exposed soil, parent material or bedrock; and
which flows to a water body or wetland, as defined in this Ordinance. This
definition does not include the term "stream," as defined elsewhere
in this Ordinance, or rills or gullies forming because of accelerated erosion
in disturbed soils where the natural vegetation cover has been removed by human
activity, and only applies to that portion of the tributary stream located
within the Shoreland zone of the receiving water body or wetland.
Undue
Hardship:
1. That
the land in question cannot yield a reasonable return unless a variance is
granted;
2. That
the need for a variance is due to the unique circumstances of the property and
not to the general conditions in the neighborhood;
3. That the granting of a variance will not
alter the essential character of the locality; and
3. That the hardship is not the result of
action taken by the applicant or a prior owner.
Unreasonable Adverse Impact:
Means that the proposed project would produce an end result which is:
Upland
Edge of a Wetland: The
boundary between upland and wetland. For
purposes of a freshwater wetland, the upland edge is formed where the soils are
not saturated for a duration sufficient to support wetland vegetation; or where
the soils support the growth of wetland vegetation, but such vegetation is
dominated by woody stems that are six (6) meters (approximately twenty (20) feet)
tall or taller.
Used
Merchandise Sales: The
outdoor sale of used articles, conducted for more than five consecutive days or
for more than two weekends per year. Used Merchandise Sales include flea markets.
Variance:
A variance is a
relaxation of the terms of this ordinance. Variances permissible under this ordinance
are limited to dimensional and area requirements. No variance shall be granted
for the establishment of any use otherwise prohibited, nor shall a variance be
granted exclusively because of the presence of nonconformities in the immediate
or adjacent areas.
Vegetation:
All live trees, shrubs,
and other plants, including without limitation, trees both over and under 4
inches in diameter, measured at 4 1/2 feet above ground level.
Vehicle
Sales: Any business which
involves a parking or display area for the sale of new or used cars, trucks,
motorcycles, campers, farm equipment, recreational vehicles, mobile homes, or similar
products.
Volume
of a Structure: The
volume of all portions of a structure enclosed by roof and fixed exterior
walls, as measured from the exterior faces of these walls and roof.
Water
Body: Any great pond, river or stream.
Water Bodies or Surface Waters (for
purposes of Ground Water Extraction): Means lakes, ponds, rivers,
streams, wetlands, and similar.
Water
Crossings: Any project
extending from one bank to the opposite bank of a river, stream, tributary
stream, or wetland whether under, through or over the water or wetland. Such
projects include, but may not be limited to, roads, fords, bridges, culverts,
water lines, sewer lines, and cables, as well as maintenance work on these
crossings.
Wetland:
Swamps, marshes, bogs,
and similar areas which are:
1. Of ten
(10) or more contiguous acres; or of less than ten (10) contiguous acres and
adjacent to a surface water body, excluding any river, stream or brook, such
that in a natural state, the combined surface area is in excess of ten (10) acres;
and
2.
Inundated or saturated by surface or ground water at a frequency and for a
duration sufficient to support, and which under normal circumstances do
support, a prevalence of wetland vegetation typically adapted for life in
saturated soils. Wetlands may contain small stream channels or inclusions of
land that do not conform to the criteria of this definition.
Wetland
Soils: The following
soils, as described and identified in the Soil Survey of the County:
Chocorua peat Vassalboro peat
Sebago peat Vassalboro
peat, ponded
Woody
Vegetation – live trees or woody, non-herbaceous shrubs.
Wireless Telecommunications Facility or
Facility: Any structure, antenna, tower, or other
device which provides radio/television transmission, commercial mobile wireless
services, unlicensed wireless services, cellular phone services, specialized
mobile radio communication (SMR), common carrier wireless exchange phone
services, specialized mobile phone communications (SMR), common carrier
wireless exchange access services, and personal communications service (PCS) or
pager services.
Yard: The area between a structure and the
property boundary.
Yard
Sale: All general sales
open to the public, conducted from or on residential premises for the purpose
of disposing of personal property. Yard sales shall not be considered to be
“used merchandise sales” as defined in this ordinance and shall not require a
permit from the Code Enforcement Officer.
Used Merchandise Sale: This term refers to so-called “garage sale businesses”, which may
be described as the indoor or outdoor sale of used articles, conducted for more
than five (5) consecutive days or for more than two (2) week-ends during the
period May 1 through October 30. This
term shall include extended yard sales, but shall not include flea markets or
shops for second-hand clothing or second-hand books. Used merchandise sales shall require a
permit, which shall be conditional upon the provision of adequate off-street
parking.
Year: Any period of twelve (12) consecutive
calendar months.
Zone of Contribution:
That area of an aquifer that contributes water to a well or other
extraction point under the most severe pumping and recharge conditions that can
be realistically anticipated (180 days of pumping at approved yield with no
recharge from precipitation). It is
bounded by the groundwater divides that result from pumping the well and by the
contact of the aquifer with less permeable materials such as till or bedrock. In some cases streams or lakes may act as
recharge boundaries. In all cases the
zone of contribution shall extend up gradient to its point of intersection with
prevailing hydrologic boundaries (a groundwater flow divide, a contact with
till or bedrock, or a recharge boundary).
Article
3. Official Zoning Map
3.A. Official
Zoning Map
Districts which
are located and bounded as shown on the Official Zoning Map which is made a part of this Ordinance. There may for
purpose of clarity, necessitated by reasons of scale on the map, be more than
one Official Zoning Map. The Shoreland, Aquifer Protection, and Endangered
Species and Critical Areas Zone boundaries are determined by the terms of the
sections creating those districts, and any delineation of them on the Official
Zoning Map shall be for reference only and shall not supersede or modify such
boundaries as created in those sections.
3.B. Certification of Zoning Map
The Official
Zoning Map is certified by the attested signature of the Town Clerk under the following
words: "This is the Official Zoning Map referred to in Article 3.A of the
Zoning Ordinance of the Town of Limington," together with the date of the
adoption of this Ordinance. The official copy shall be located in the office of
the Town Clerk.
3.C. Changes of
the Official Zoning Map
If changes are
made in the district boundaries or other matter portrayed on the Official
Zoning Map such changes shall be made on the Official Zoning Map within
fourteen (14) days after the amendment has been adopted together with an entry
on the Official Zoning Map as follows:
"On
(insert date) by official action of the Town, the following change(s) was
(were) made: (insert brief description of the nature of change)."
Immediately beneath the entry the Town Clerk shall place his or her signature.
3.D. Replacement
of Official Zoning Map
In the event
that the Official Zoning Map becomes damaged, destroyed, lost or difficult to
interpret because of the nature or number of changes and additions the
legislative body shall adopt a new Official Zoning Map.
Article
4. Establishment of Zoning Districts
4.A. Zoning
Districts
For the purpose
of this Ordinance, the Town is hereby divided into the following Districts:
Commercial
Residential
Village
Rural
Resource
Conservation
District boundary lines shall be as described
in Article 4.C of this Ordinance, and as depicted on the Official Zoning Map,
maintained in the Town Office.
Overlay
Districts
Aquifer
Protection Zone
Endangered
Species and Critical Areas Zone
Shoreland
Zone
4.B. Rules
Governing District Boundaries
Where
uncertainty exists as to the boundaries of districts as specified in this
Ordinance and as shown on the Official Zoning Map, the following rules shall
apply.
4.B.1 Boundaries indicated as approximately
following the center lines of streets, highways, alleys, railroad
rights-of-way, rivers, or streams shall be construed to follow such center lines.
4.B.2. Boundaries indicated as approximately
following platted lot lines shall be construed as following such lot lines.
4. B.3. Boundaries indicated as approximately following
Town limits shall be construed as following Town limits.
4.B.4. Boundaries indicated as following shorelines
shall be construed to follow such shorelines, and in the event of change in the
shoreline shall be construed as moving with the actual shoreline.
4.B.5. Sources for the exact delineation of the
Special Flood Hazard areas shall be the FEMA Flood Insurance Map.
4.B.6. Sources for the exact delineation of the
Aquifer Protection Zone shall be the Maine Geological Survey
"Hydrogeologic Data for Significant Sand and Gravel Aquifers," Map #
4 (Maine Geological Survey Catalog #85-93), 12 (Maine Geological Survey Catalog
#87-1b), and 13 (Maine Geological Survey Catalog #87-1c).
4.B.7. Boundaries indicated as parallel to or extensions
of features indicated in subsections A through D above shall be so construed.
Distances not specifically indicated on the Official Zoning Map shall be
determined by the scale of the map.
4.B.8. Where physical or cultural features existing
on the ground are at variance with those shown on the Official Zoning Map, or
other circumstances not covered by subsections A through G above, the Board of
Appeals shall interpret the district boundaries.
4.C. Lots
Divided by District Boundaries
When a lot is
divided by a zoning district boundary, other than the boundary to an overlay
zone, the following rules shall apply:
4.C.1. On lots six (6) acres or less in area, the
lot shall be used as if the entire lot were in the district which comprises the
larger portion. This provision is
applicable to existing lots as of
4.C.2. On lots larger than six (6) acres, the
district regulations shall be followed in each portion.
4.D. Description
of Zone Districts
4.D.1. Rural
The Rural Zone
shall consist of all that land outside of the Resource Conservation, Residential/Village,
and Commercial Zones.
4.D.2. Resource
Conservation
Beginning on
the southerly sideline of the Route 117 right-of-way at the northwest corner of
Lot 94 on map R10 of the Town of Limington tax maps as revised Aril 1, 2006;
thence southerly along the westerly line of Lot 94 and Lot 93 to the northeast
corner of Lot 2, tax map R4; thence westerly along the line of Lot 2 to the
northwest corner of Lot 2; thence southerly along Lot 2 to a corner; thence
westerly along Lot 2 to a corner; hence southerly along Lot 2 to a corner;
thence westerly along Lot 2 and Lot 38, tax map R3 to the northwest corner of
Lot 38 on map R3; thence southerly along the westerly line of Lot 38 to the
northerly right-of-way sideline of Shaving Hill Road and the corner of Lot 35;
thence westerly along the northerly right-of-way line of Shaving Hill Road to
the Limerick town line; thence northerly along said Town line to the northwest
corner of Lot 13.3, map R4 and the southerly sideline of Lot 17A; thence
easterly along the southerly boundary line of Lot 17A to the westerly
right-of-way sideline of the Sawyer Mountain Road; thence continuing along said
sideline in a generally northeasterly direction to the easterly sideline of Lot
17A;thence northerly along the easterly line of Lot 17A to the southwest corner
of Lot 15; thence easterly along Lot 15 and Lot 14.1 to the southeast corner of
Lot 14.1 and the sideline of Lot 12A; thence southerly along Lot 12A to the
southwest corner of Lot 12A; thence easterly along the southerly line of Lot
12A and Lot 12.2 to the southeast corner of Lot 12.2; thence continuing on a
projection of the same course to the westerly sideline of Lot 11.6; thence
southeasterly along Lot 11.6 and Lot 11.3 to the most southerly corner of Lot
11.3; thence along the southerly line of Lot 11.3 in a northeasterly,
northerly, and easterly direction to the westerly right-of-way line of Route
117; thence southerly and easterly along said side line of Route 117 to the
point of beginning.
4.D.3
Residential
Beginning at
Shaving Hill Road at the northwest corner of the Parsonage lot (Lot 19 as shown
on Limington Tax Map R3) and going southerly by the westerly boundary of Lot 18
and continuing easterly along the southern boundary of Lot 18 to Route 11,
crossing Route 11 and continuing along the southerly boundary of Lots 63A, 61,
and 60, as shown on Limington Tax Map R3 to a point located 500 feet west of
Route 117. Continuing southerly parallel to and 500 feet westerly of Route 117 to a point representing
the westerly extension of
4.D.4. Commercial
Beginning at a
point on the northeast sideline of South Road located one thousand (1000) feet
south of the nearest point on the south sideline of Route 25; thence east
parallel to and at a constant distance of one thousand (1000) feet from the
southwest sideline of Route 25 to a point one thousand (1000) feet north of the
northwest sideline of Route 11; thence southwest parallel to and at a constant
distance of one thousand (1000) feet from the northwest sideline of Route 11 to
a point on the northeast sideline of South Road located one thousand (1000)
feet from the northwest sideline of Route 11; thence south along the northeast
side of South Road, crossing Route 11 and following the northeast side of
Boothby Road to Pine Hill Road then east along the north side of Pine Hill Road
to Route 25. Crossing Route 25 at Hamlin Brook and then north along Hamlin
Brook to the outlet of Ward's Pond Then following the west side of Ward's Pond
to the outlet of Rhoda Brook, the brook that flows from
4.D.5. Village
Beginning at
the junction of the
Thence south
along Route 117 to the southeast corner of
4.D.6. Historic
Village District
Beginning on
the south side of
of
Article
5. General Provisions
5.A. Land Use
Requirements
Except as
hereinafter specified, no building, structure or land shall hereafter be used
or occupied; and no building or structure or part thereof shall hereafter be
erected, constructed, moved, or altered; and no new lot shall be created,
unless in conformity with all of the regulations herein specified for the
district in which it is located, unless a variance is granted.
5.B. Non-Conformance
5.B.1 General
5.B.1.A. Continuance, Enlargement, Reconstruction: Any
legally existing nonconforming use or non-conforming structure may continue to
exist but may not be extended, reconstructed, enlarged, or structurally altered
except as specified below.
5. B.1.B.
Transfer of Ownership: Non-conforming structures, non-conforming lots of record,
and non-conforming uses that may continue to exist under this Ordinance may
also be transferred, and the new owner may continue the nonconforming use or
continue to use the non-conforming structure or lot, subject to the provisions
of this Ordinance.
5. B.1.C.
Restoration or Replacement
This Ordinance
allows the normal upkeep and maintenance of non-conforming uses and structures:
5.B.1C.l. Repairs, renovations or modernizations
which do not involve expansion of the non-conforming use or structure.
5.B.1.C.2. Such other changes as Federal, State, or
local building and safety codes may require, or as may be required by law in
order to provide accessibility to persons with disabilities.
5.B.1.C.3 Any non-conforming use or structure which is
hereafter damaged or destroyed by fire or any cause other than the willful act
of the owner or his agent, may be restored or reconstructed with one (1) year
of the date of said damage or destruction, provided that:
(a) The nonconforming dimensions of any restored
or reconstructed structure shall not exceed the non-conforming dimensions of
the structure it replaces;
(b) Any non-conforming structure shall not be
enlarged except in conformity with this Ordinance and the Maine State
Subsurface Wastewater Disposal Rules; and
(c) Any non-conforming use shall not be expanded
in area.
(d) Nothing in this section shall prevent the
demolition of the remains of any building so damaged or destroyed.
5.B.2. Non-Conforming
Use
5.B.2.A. Resumption of Use Prohibited
5.B.2.A.1. A lot, building or structure, other than a residential
structure, in or on which a non-conforming use is discontinued for a period
exceeding one (1) year, or which is superseded by a conforming use, may not
again be devoted to a non-conforming use, even if the owner has not intended to
abandon the use.
5.B.2.A.2. The Planning Board may, for good cause shown,
and on application made before the expiration of the original one year period,
grant an extension of the period for up to one (1) additional year.
5.B.2.B. Resumption of Use of Residential
Structure Prohibited
A residential
structure in or on which a non-conforming residential use is discontinued for a
period exceeding five (5) years, or which is superseded by a conforming use,
may not again be devoted to a non-conforming use, even if the owner has not
intended to abandon the use.
5.B.2.C. Structure Non-Conforming as to
Use
5.B.2.C.1. Except for single family dwellings, a building
or structure, non-conforming as to use, shall not be enlarged unless the non-conforming
use is terminated.
5.B.2.C.2. A non-conforming use or part of a building
or structure shall not be extended throughout other parts of the building or structure
unless those parts of the building or structure were manifestly arranged or
designed for such use prior to the adoption of this Ordinance, or of any
amendment making such use non-conforming.
5.B.2.C.3. Non-conforming residential uses may, after
obtaining a permit from the Planning Board, be expanded within existing
residential structures or within expansions of such residential structures, as
permitted in this Ordinance, including the provisions applying to the Shoreland
Zone.
5.B.2.D. Change
of Use
5.B.2.D.1. A legally existing non-conforming use may
be changed to another non-conforming use provided that the proposed use is
equally or more appropriate to the district than the existing non-conforming
use, and the impact on adjacent properties is less adverse than the impact of
the former use as determined by the Board of Appeals.
5.B.2.D.2. The case shall be heard as an administrative
appeal.
5.B.2.D.3 The determination of appropriateness
shall require written findings on the probable changes in traffic (volume and
type), parking, noise, potential for litter, wastes or by-products, fumes,
odors, or other nuisances likely to result from such change of use.
5.B.2.D.4 The performance standards of this
Ordinance shall apply to such requests to establish new non-conforming uses.
5.B.2.E. Use
of Land
5.B.2.E.1. A non-conforming use of land may not be
extended into any part of the remainder of a lot of land. A non-conforming use
of land which is accessory to a non-conforming use of a building shall be
discontinued at the same time the non-conforming use of the building is
discontinued.
5.B.2.E.2. In the case of earth removal operations,
the removal of earth may not be extended as a non-conforming use beyond the
required set-back lines of the specific parcel upon which such operations were
in progress when such use became non-conforming, as required by the performance
standards for extractive industries.
5.B.2.E.3. Adjacent parcels in the same or different
ownership shall not be eligible for exemption under the non-conforming use
provisions unless earth removal operations were in progress on these parcels
before these provisions were enacted.
5.B.2.E.4 The provision of required off-street
parking for an existing non-conforming use shall not be considered an expansion
of the use.
5.B.3. Non-Conforming
Structures – Dimensional Requirements
(Pertaining to
dimensional requirements. Applications regarding non-conforming use shall be
reviewed under the provisions above.)
5.B.3.A. Enlargements Controlled
A
non-conforming structure shall not be added to or enlarged unless: such
addition or enlargement conforms to all the regulations of the district in
which it is located; the addition does not increase the non-conformity of the
structure; or a variance is obtained. In addition, state laws must be adhered
to.
5.B.3.A.1 The addition of an open patio with no
structures elevated above ground level shall not constitute the expansion of a
non-conforming structure. The addition of steps or the enclosure of an existing
deck shall not constitute the expansion of a non-conforming structure. But the addition of a deck shall constitute
the expansion of a non-conforming structure and shall meet all the dimensional requirements
of this ordinance.
5.B.3.A.2 The placing of a foundation below a
lawfully existing nonconforming structure shall not constitute the expansion of
the structure so long as the first floor space of the structure is not increased.
5.B.3.A.3 Construction or expansion of a foundation
under an existing dwelling which expands habitable space shall be considered an
expansion and shall be subject to the State Plumbing Laws (Title 30, Maine
Revised Statutes Annotated, §3221, Subsection 4) requiring documentation of
wastewater disposal capabilities.
5.B.3.B. Discontinuance
Discontinuance
of the use of a legally existing non-conforming structure shall not constitute
abandonment of the structure. Conforming use of the structure may be commenced
at any time.
5. B.3.C. Lack of Required Parking or
Loading Space
A conforming building
or structure which is non-conforming as to the requirements for off-street
parking and/or loading space shall not be enlarged, added to, or altered unless
off-street parking and/or loading space is provided to bring parking and/or
loading space into conformance with the requirements of this ordinance for both
the addition or alteration and the original building or structure, or a
variance is obtained.
5.B.4. Non-Conforming
Lots of Record
5.B.4.A. Vacant Lots
A vacant
non-conforming lot of record may be built upon without a variance provided that:
5.B.4.A.1. Such lot is in separate ownership and not
contiguous with any other vacant lot in the same ownership;
5.B.4.A.2. A permit to build the proposed structure on
the lot could legally have been issued without a variance under the zoning and
land use provisions in effect immediately before the enactment of this
Ordinance; and
5.B.4.A.3 All provisions of this Ordinance except lot
size and frontage and shore frontage can be met.
If proposed
construction on a non-conforming lot fails to meet the applicable requirements
of this Ordinance, then no construction shall be permitted on the lot unless a
variance from the applicable requirements is first obtained from the Board of
Appeals.
5.B.5. Built
Lots
A
non-conforming lot on which a structure was legally built prior to the
enactment or subsequent amendment of this Ordinance is subject to the following
restrictions:
5.B.5.1. The structure(s) may be repaired, maintained,
or improved, and may be enlarged provided that, as enlarged, they conform with all
dimensional requirements of this Ordinance except lot area, lot width, or lot frontage.
5.B.5.2. If the proposed enlargement of the
structure(s) cannot meet the applicable dimensional requirements, then no
permit shall issue for the proposed enlargement unless a variance from the
applicable dimensional requirements is first obtained from the Board of
Appeals.
5.B.6. Contiguous
Built Lots
5.B.6.1. If two or more contiguous lots or parcels are
in common ownership of record at the time of adoption of this Ordinance, if one
or more of the lots do not meet the dimensional requirements of this Ordinance,
and if a principle use exists legally on each lot, the non-conforming lots may
be conveyed separately or together, providing the State Minimum Lot Size Law and
(12 M.R.S.A., Sections 4807-A through 4807-D) and the State of Maine Subsurface
Wastewater Disposal Rules are complied with.
5.B.6.2. If two or more principal uses existed legally
on a single lot of record on the effective date of this Ordinance, each may be
sold as a separate lot provided that the above referenced Law and Rules are
complied with.
5.B.6.3. When such lots are divided, each lot thus
created must conform as nearly as possible to the dimensional requirements of
this Ordinance.
5.B.7. Contiguous
Lots – Vacant or Partially Built
If two (2) or
more contiguous lots or parcels are in single or joint ownership of record at
the time of or since adoption or amendment of this Ordinance, if any of these
lots do not individually meet the dimensional requirements of this Ordinance or
subsequent amendments, and if one (1) or more of the lots are vacant or contain
only an accessory structure or only a structure not legally permitted at the
time of adoption of this Ordinance, the lots shall be combined to the extent
necessary to meet the dimensional standards, except where rights have vested.
In a Shoreland
Zone this provision shall not apply to two (2) or more contiguous lots, at
least one of which is non-conforming, owned by the same person or persons on
the effective date of this Ordinance and recorded in the Registry of Deeds if
the lot is served by a public sewer or can accommodate a subsurface sewage
disposal system in conformance with the State of Maine Subsurface Wastewater
Disposal Rules; and
1. Each lot contains at least one hundred
(100) feet of shore frontage and at 20,000 square feet of lot area; or
2. Any lots that do not meet the frontage and
lot size requirements of Article 5.B.7 (1) are re-configured or combined so
that each new lot contains at least one hundred (100) feet of shore frontage
and twenty thousand (20,000) square feet of lot area.
5.B.8. Vested
Rights
Non-conforming
use rights cannot arise by the mere filing of a notice of intent to build, an application
for building permits, or an application for required state permits and approvals.
Such rights arise:
5.B.8.1. When the land owner has made a substantial
start on construction of structures, or
5.B.8.2 Development of infrastructure improvements
for town approved subdivisions, prior to or within twelve (12) months of the
adoption or amendment of this Ordinance, or
5.B.8.3 In the case of pending applications, when
the review process on an application commences.
5.B.8.4. Such construction must be legal at the time
it is commenced and the owner must be in possession of and in compliance with
all validly issued permits, federal, state and local.
Article 6. Administration
6.A Building Permits
6.A.1. Permit
Not Required
Only the
following activities shall not require a building permit: repairs, replacement,
and/or normal maintenance not requiring structural elements, decorative changes
in existing structures or buildings, provided that the activity is in
conformance with Federal, State or local laws and does not involve any other
physical modifications or changes requiring a permit under this Ordinance.
6.A.2. Permits
Required – Shoreland Zoning
After the
effective date of this Ordinance no person shall, without first obtaining a
permit, engage in any activity or use of land or structure requiring a permit
in the District in which such activity or use would occur; or expand, change,
or replace an existing use or structure; or renew a discontinued non-conforming
use. A person who is issued a permit
pursuant to this Ordinance shall have a copy of the permit on site while the
work authorized by the permit is performed.
6.A.2.1. A permit is not required for the replacement
of an existing road culvert as long as:
6.A.2.1.A. The replacement culvert is not more than 25%
longer than the culvert being replaced;
6.A.2.1.B. The replacement culvert is not longer than
seventy-five (75) feet; and
6.A.2.1.C. Adequate erosion control measures are taken
to prevent sedimentation of the water, and the crossing does not block fish
passage in the watercourse.
6.A.3.. A permit is not required for an archaeological
excavation as long as the excavation is conducted by an archaeologist listed on
the State Historic Preservation Officer’s level 1 or level 2 approved list and
unreasonable erosion and sedimentation is prevented by means of adequate and
timely temporary and permanent stabilization measures.
6.A.4. Any permit required by this Ordinance shall
be in addition to any other permit required by other law or ordinance.
6.B. Permit
Application
6.B.1. Every applicant for a permit shall submit a
written application which shall include the following information:
a. Structures to be erected, structures to be
moved, and exterior additions to existing structures.
b. The shape, size and location of the lot
for which application is made.
c. The shape, size and location on the lot of
the proposed structure, and of any proposed additions to existing structures.
d. The shape, size and location of any other
existing structure on the lot.
e. The location of adjacent structures on
adjacent lots, with reference to the distance from the lot line.
f. In the Shoreland Zone if the property is not
served by a public sewer a valid plumbing permit or a completed application for
a plumbing permit, including the site evaluation approved by the plumbing
inspector, shall be submitted whenever the nature of the proposed structure or
use would require the installation of a subsurface sewerage disposal system.
6.B.2. The above requirements shall not apply to
alterations wholly within an existing structure.
6.B.3. All applications shall also include:
a. The name and address of the property owner.
b. The name, address and telephone number of the
person, firm, or firms involved in the construction on the property.
c. The value of the proposed construction.
d. A statement of the proposed use for any new
or moved structure or altered portion of an existing structure.
e. Any other information the applicant wishes to
furnish.
f. Any other information requested by the Code
Enforcement Officer to make the application intelligible and to determine
whether the proposed construction will conform to this Ordinance, other local ordinances
and State law. If the property is not served by a public sewer, a valid
plumbing permit or a completed application for a plumbing permit, including the
site evaluation approved by the plumbing inspector, shall be submitted whenever
the nature of the proposed structure or use would require the installation of a
subsurface sewage disposal system.
g. A certification that the information in the
application is complete and correct to the best of the applicant's knowledge
and belief.
h. A residential growth permit issued by the
Code Enforcement Officer with any application for a permit for a new
residential dwelling unit.
6.B.4. All applications shall be signed:
a. By the person or firm to do the work; and
b. By the owner or individual who can show
evidence of rights, title or interest in the property, or by an agent,
representative, tenant, or contractor of the owner with authorization from the
owner to apply for a permit hereunder certifying that the information in the
application is complete and correct.
6.B.5. All applications shall be dated and the
Code Enforcement Officer shall note upon each application the date and time of
its receipt.
6.B.6. Procedure for Administering Permits:
6.B.6.1. Within thirty-five (35) days of receiving a
written application, the Planning Board or Code Enforcement Officer, as
appropriate, shall notify the applicant in writing either that the application
is a complete application, or, if the application is incomplete, that specified
additional material is needed to make the application complete. The Planning Board or Code Enforcement
Officer, as appropriate, shall approve, approve with conditions, or deny all
permit applications in writing within thirty-five (35) days of receiving a
completed application. However, if the
Planning Board has a waiting list of applications, a decision on the
application shall occur within thirty-five (35) days after the first available
date on the Planning Board’s agenda following receipt of the completed
application, or with thirty-five (35) days of the public hearing, if the
proposed use or structure is found to be in conformance with the purposes and
provisions of this Ordinance.
6.B.6.2. When an application conforms to the
provisions of this Ordinance and other codes and ordinances of the town, upon
payment of the required fee, the Code Enforcement Officer shall, within ten (10)
days of its receipt, issue the permit, shall notify the Tax Assessor, and keep
a copy of the application/permit in a permanent file.
6.B.6.3. If the application does not conform, the
Planning Board or Code enforcement Officer shall, within ten (10) days, deny
the permit in writing, stating therein his reasons for such denial. In the
event the proposed building or structure is so constructed or is of such usage
as to require a review of the application by other authorities or boards, as
determined by reference to the land-use regulation file, the Code Enforcement
Officer shall refer the applicant to the appropriate authority or board for
review, approval or denial. Upon his
receipt of the decision of the reviewing authority or board, in writing, and if
such decision is an approval, the Code Enforcement Officer shall issue the
permit with any conditions prescribed by the reviewing authority or board. The Code Enforcement Officer shall not issue
any building permit if he has knowledge that a particular structure would be
located in an unapproved subdivision, and/or if he has knowledge that the
structure would be in violation of a particular State law for which the
municipality has enforcement responsibilities, or local ordinance. In denying
any permit under these circumstances, the Code Enforcement Officer shall state
in writing the reasons for the denial.
6.B.6.4 The applicant shall have the burden of
proving that the proposed land use activity is in conformity with the purposes
and provisions of this Ordinance.
6.B.6.5. The
following criteria shall apply only in Shoreland Zoning:
After the
submission of a complete application to the Planning Board, the Planning Board
shall approve the application or approve it with conditions if it makes a
positive finding based on the information presented that the proposed use:
6.B.6.5.1. Will maintain safe and healthful conditions;
6.B.6.5.2. Will not result in water pollution, erosion,
or sedimentation to surface waters;
6.B.6.5.3. Will adequately provide for the disposal of
all wastewater;
6.B.6.5.4. Will not have an adverse impact on spawning
grounds, fish, aquatic life, bird or other wildlife habitat;
6.B.6.5.5 Will conserve shore cover and visual, as
well as actual, points of access to inland and coastal waters;
6.B.6.5.6. Will protect archaeological and historic
resources as designated in the Comprehensive Plan;
6.B.6.5.7. Will not adversely affect existing
commercial fishing or maritime activities in a Commercial Fisheries/Marine
Activities district;
6.B.6.5.8. Will avoid problems associated with
floodplain development and use; and
6.B.6.5.9. Is in conformance with the provisions of Article
7, Land Use Standards.
6.B.7. The
following paragraph applies only in Shoreland Zoning:
If a permit is
either denied or approved with conditions, the reasons as well as conditions
shall be stated in writing. No approval
shall be granted for an application involving a structure if the structure
would be located in an unapproved subdivision or would violate any other local
ordinance, or regulation or statute administered by the municipality.
6.B.8. Unless the applicant picks up the building
permit within thirty (30) days after the Code Enforcement Officer notifies him
that it has been approved, the permit shall lapse and become void.
6.B.9. Following the issuance of a building
permit, other than one granted for a residence to be located in an approved
subdivision, if no substantial start is made on the construction within three
(3) months of the date of the permit, and no extension of that time has been granted
by the Code Enforcement Officer due to adverse weather conditions, the permit
shall lapse and become void. Thereafter no further work on such construction
can be made until a new application has been made and approved as aforesaid.
The fee for such permit shall be charged as a renewal fee.
6.B.10. Any permit issued which is not in
conformity with the provisions of this ordinance confers no rights and is void.
6.B.11. No public utility, water district, sanitary
district or any utility company of any kind may install services to any new
structure located in the Shoreland Zone unless written authorization attesting
to the validity and currency of all local permits required under this or any
previous Ordinance has been issued by the appropriate municipal officials. Following installation of service, the
company or district shall forward the written authorization to the municipal
officials, indicating that the installation has been completed.
6.C. Certificate
of Occupancy Required
6.C.1. A Certificate of Occupancy issued by the Code
Enforcement Officer is required in advance of the use or occupancy of:
6.C.1.A. Any lot or change of the use thereof.
6.C.1.B. A structure hereafter erected or a change
in the use of an existing structure, or as the building code requires.
6.C.2. No Certificate of Occupancy shall be issued
unless the lot or building or structure complies with all the provisions of
this Ordinance, and of the current edition of the BOCA National Building Code,
which is incorporated herein by reference. A record of all Certificates of Occupancy
shall be kept on file in the office of the Code Enforcement Officer, and a copy
shall be furnished, on request, to any person having a proprietary or tenancy
interest in the structure or land involved. A duplicate copy shall be filed in
the office of the tax assessor and the certificate of occupancy shall state
specifically the uses which it permits.
6.C.3. No Certificate of Occupancy shall be issued
until a house number is properly placed in accordance with current 911
standards.
6.D. Conditional
Use Permits
6.D.1. Authorization
The
Planning Board is hereby authorized to hear and decide upon applications for
Conditional Use Permits, in accordance with State law and the provisions of
this ordinance. The Board shall approve, approve with modifications or
conditions, or disapprove an application for a Conditional Use Permit. No
Conditional Use Permit shall be authorized unless specific provision for such conditional
use is made in this Ordinance.
6.D.2. Existing
Conditional Use or Structure
A conditional use
which existed prior to the effective date of this Ordinance may not be changed
to another conditional use nor substantially expanded or altered except in
conformity with all regulations of this Ordinance pertaining to conditional uses.
No changes shall be made in any approved conditional use without approval of
the change by the Planning Board.
6.D.3. Application
Procedure
A person
informed by the Code Enforcement Officer that a proposed use requires a
Conditional Use Permit shall file an application for the permit with the
Planning Board on forms provided for the purpose. All plans for conditional uses presented for
approval under this section shall show the following information unless the
Planning Board waives these requirements:
6.D.3.A General
6.D.3.A.1. The name and address of the applicant (or his
authorized agent).
6.D.3.A.2. The name of the proposed development.
6.D.3.A.3. A copy of the deed or record of ownership.
6.D.3.A.4. The assessor's map and lot number.
6.D.3.A.5. Names and addresses of owners of all property
within two hundred (200) feet of the subject property’s boundaries.
6.D.3.A.6. A sketch plan showing the general location of
the site within the Town.
6.D.3.A.7. Names of all abutting property owners shown on
sketch plan.
6.D.3.B. Description
6.D.3.B.1. Total floor area
6.D.3.B.2. Total ground coverage
6.D.3.B.3. Location, size and type of all existing and
proposed buildings, structures, or additions, including:
a. Height
b. Driveways
c. Sidewalks
d. Parking areas
e. Loading areas
f.
Open
spaces
g. Open drainage courses
h. Signs
i.
Exterior
lighting
j.
Service
areas
k. Easements
l.
Landscaping
6.D.3.B.4. Perimeter survey of the parcel made and
certified by a registered land surveyor licensed in
a. Reference points
b. True north point
c. Graphic scale
d. Corners of parcel
e. Date of survey
f.
Total
acreage
g.
h. Road frontage
6.D.3.C. The
appropriate fees shall be paid to cover administrative and legal advertisement
costs.
6.D.3.D. Twelve (12) copies (or other quantity if
requested) shall be submitted to the Code Enforcement Officer at least two (2)
weeks before a scheduled Planning Board meeting.
.
6.E. Public
Hearing
Following the
filing of an application, and before taking action on any application, the
Planning Board shall hold a public hearing on the application within thirty (30)
days. The Board shall notify the Code Enforcement Officer and municipal officers,
and shall publish notice of the time, place and subject matter of hearing at
least ten (10) days in advance in a newspaper of general circulation in the
area.
6.E.1. The Planning Board shall notify by
regular
6.E.2. The owners of property shall be
considered to be those against whom taxes are assessed. Failure of any property
owner to receive a notice of public hearing shall not necessitate another
hearing or invalidate any action by the Planning Board.
6.E.3. The Code Enforcement Officer, or his
designated assistant, shall attend hearings and may present to the Planning
Board all plans, photographs or other material he deems appropriate for an
understanding of the application.
6.E.4. The applicant's case shall be heard
first. To maintain orderly procedure, each side shall proceed without
interruption. Questions may be asked through the Chair. All persons at the
hearing shall abide by the order of the Chairman.
6.E.5. Projects needing Board of Appeals Review
When an
applicant needs a variance from a requirement in this Ordinance before the Planning
Board is able to approve the application as submitted, an appeal may be submitted
to the Board of Appeals prior to final action by the Planning Board. If an appeal
is filed with the Board of Appeals prior to the Planning Board making a final
decision, the Planning Board shall table final action on the application
pending the Board of Appeals’ decision and shall notify the Board of Appeals of
that action.
6.F. Decision
6.F.1. Within twenty (20) days of the public
hearing the Planning Board shall reach a decision on a conditional use and
shall inform, in writing, the applicant, the Code Enforcement Officer and municipal
officers of its decision and shall prepare a detailed finding of facts and
conclusions. Upon notification of the decision of the Planning Board, the Code
Enforcement Officer, as instructed, shall immediately issue, issue with
conditions prescribed by the Planning Board, or deny a Building Permit.
6.F.2. A Conditional Use Permit secured under
the provisions of this Ordinance by vote of the Planning Board shall expire if
the work or change involved is not commenced within two (2) years of the date
on which the conditional use is authorized.
6.F.3. An appeal may be taken to Superior Court
within forty-five (45) days after a decision is rendered.
6.G. Standards
Applicable to Conditional Uses
6.G.1. It shall be the responsibility of the
applicant to demonstrate that the proposed use meets all of the following
criteria. The Planning Board shall approve the application unless it makes
written findings that one or more of these criteria have not been met:
6.G.1.A. The use will conserve shore cover and
visual, as well as actual, access to water bodies.
6.G.1.B. Traffic access to the site meets the
standards contained in this Ordinance; and traffic congestion has been
addressed in accordance with performance standards in this Ordinance.
6.G.1.C. The site design is in conformance with
all municipal flood hazard protection regulations.
6.G.1.D. Adequate provision for the disposal of
all waste water and solid waste has been made.
6.G.1.E. Adequate provision for the
transportation, storage and disposal of any hazardous materials has been made.
6.G.1.F. A storm water drainage system meeting
State standards shall be installed.
6.G.1.G. Adequate provisions to control soil
erosion and sedimentation have been made.
6.G.1.H. There is adequate water supply to meet
the demands of the proposed use and for fire protection purposes.
6.G.1.I. The provisions for buffer strips and
on-site landscaping provide adequate protection to neighboring properties,
including public areas, from detrimental features of the development, such as
noise, glare, fumes, dust, odor, adverse visual impact, and the like.
6.G.1.J. All performance standards in this Ordinance,
applicable to the proposed use will be met.
6.G.1.K. The use will not result in unsafe or
unhealthful conditions.
6.G.1.L. The use will not have an adverse impact
on natural beauty, historic sites, or rare and irreplaceable natural areas.
6.H. Conditions
Attached to Conditional Uses
6.H.1. Upon consideration of the factors
listed above, the Planning Board may attach such conditions, in addition to
those required in this Ordinance that it finds necessary to further the
purposes of this Ordinance.
6.H.2. Violation of any of these conditions
shall be a violation of this Ordinance.
6.H.3. Such conditions may include, but are
not limited to, specifications for:
6.H.3.A. Type of vegetation;
6.H.3.B. Increased setbacks and yards;
6.H.3.C. Specified sewage disposal and water supply
facilities;
6.H.3.D. Landscaping and planting screens;
6.H.3.E. Period of operation;
6.H.3.F. Operational controls;
6.H.3.G. Professional inspection and maintenance;
6.H.3.H. Sureties;
6.H.3.I. Deed restrictions,
6.H.3.J. Restrictive covenants;
6.H.3.K. Locations of piers, docks, parking and
signs;
6.H.3.L. Type of construction;
6.H.3.M. Any other conditions necessary to fulfill
the purposes of this Ordinance.
6.H.4. In evaluating each application the Planning
Board may request the assistance of the
6.I. Performance
Guarantees
6.I.1. At the time of approval of the
application for conditional use, the Planning Board may require the applicant
to tender either:
6.I.1.A. A certified check payable to the Town of
6.I.1.B. An irrevocable letter of credit from a
lending institution, or;
6.I.1.C A performance bond payable to the Town
of
6.I.2. The conditions and amount of the
certified check or performance bond shall be determined by the Board of
Selectmen
6.I.3. Prior to the release of any part of or
the entire performance guarantee, the Planning Board shall determine to its
satisfaction, in part upon the report of the engineer hired by the town to
inspect the development and whatever other agencies and departments may be
involved, that the proposed improvements meet or exceed the design and
construction requirements for that portion of the improvements for which the
release is requested.
Any interest
accumulated on an escrow account shall be returned with any money owed by the town
to the developer after it has been determined that the proposed improvements
meet all design and construction requirements.
6.I.4. If the appointed engineer finds, upon
inspection of the improvements performed before release of the guarantee, that
any of the required improvements have not been constructed in accordance with
plans and specifications filed by the applicant, he shall so report to the Planning
Board and Code Enforcement Officer.
The Planning Board
shall then notify the applicant, and, if necessary, the bonding company or lending
institution, and take all necessary steps to preserve the town's rights under
the guarantee.
6.I.5. Performance guarantees, when required,
shall be tendered for all improvements required under this Ordinance, including
but not limited to:
6.I.5.A. Sidewalks
6.I.5.B. Drainage facilities
6.I.5.C. Parking areas
6.I.5.D. Lighting
6.I.5.E. Signs
6.I.5.F. Landscaping
6.I.5.G. Buffer areas
6.J. Site Review
6.J.1. Additional performance standards and specific
submission requirements for new or expanded commercial, industrial, and multi-family
housing structures of three (3) or more units.
Exempt from this section will be all single family and two-family
residential structures.
Site Plan
Review, in accordance with the provisions of this Ordinance, shall be required for
the following activities before a building permit may be issued:
6.J.1.A. New construction with at least one thousand
(1000) square feet of gross first floor area.
6.J.1.B. Additions to existing structures of at
least one thousand (1000) square feet of gross floor area.
6.J.1.C. Creation of impervious surfaces of at
least two thousand (2000) square feet.
6.K.1.D. Creation of un-vegetated surfaces of at
least two thousand (2000) square feet excluding impervious surfaces.
6.J.2. Site Plan Review shall be conducted by the
Planning Board in concert with all other requirements of this Ordinance as well
as any other requirements which may be applicable.
6.J.3. Review may be conducted as one application
along with application for conditional use.
6.J.4. Construction, site development, and
landscaping shall be carried out in accordance with the plans, sketches,
drawings, and other documents approved by the Planning Board, unless amended
with Planning Board approval.
6.J.5. Nothing in this section shall be construed to
prevent the ordinary repair and improvement of existing structures and
facilities.
6.J.6. If the development requires action by the
Board of Appeals or any other government authority, Planning Board review shall
not commence until all other applications and decisions have been made.
6.J.7. Failure to comply with any conditions of the
Site Plan Review, subsequent to approval, shall be grounds for revoking the
approval, initiating legal proceedings to enjoin the construction or any
specific activity violating the conditions of approval, or imposing such fines
as the municipal officers shall have established for violations of this
Ordinance, for each day that the violation continues to exist after official
notification by the Code Enforcement Officer.
6.K. Submission
Requirements
When the owner
of the property or an authorized agent of the owner makes formal application
for Site Plan Review, the application package shall contain at least the
following exhibits and information:
6.K.1. All application procedure requirements for a
Conditional Use Permit.
6.K.2. A complete, signed copy of the application for
Site Plan Review.
6.K.3. At least twelve (12) copies of the site plan
drawn at a scale sufficient to allow review of all performance standards
required in this Ordinance, but not more than fifty (50) feet to the inch for
that portion of the total tract being proposed for the development, showing the
following:
6.K.3.1. Owner's
name, address, and signature;
6.K.3.2. Names and
addresses of owners of all property within two hundred (200) feet of the
subject property's boundaries;
6.K.3.3. Sketch map
showing the general location of the site within the Town;
6.K.3.4. Boundaries
of all contiguous property under the control of the applicant, regardless of
whether it is part of the development or not;
6.K.3.5. The lot
area of the parcel and the road frontage;
6.K.3.6. The
location, size, and type of all existing and proposed structures, including:
height, driveways, sidewalks, parking areas, loading areas, open spaces, large
trees, open drainage courses, signs, exterior lighting, service areas,
easements, and landscaping;
6.K.3.7. Existing
and proposed topography of the site at two-foot contour levels if major changes
are to be made to the existing topography; and
6.K.3.8. A
storm-water drainage plan showing:
a. The existing and proposed method of handling
storm-water run-off;
b. The direction of flow of the run-off by the
uses of arrows;
c. The location, size, and elevation of all catch
basins, dry wells, drainage ditches, swales, retention basins, and storm
drains;
d. A septic plan showing the location of waste
water disposal devices and water supply sources;
e. A landscaping schedule keyed to the site
plan, indicating the sizes, types, and location of all plants and other
landscaping elements to be planted on the site;
f. Copies of any proposed or existing easements,
covenants, deed restrictions, etc.
6.L. Administration
6.L.1. The following procedures and requirements
shall apply to all applications for Site Plan Review:
6.L.1.A. All applications for Site Plan Review
shall be made in writing to the Planning Board on the forms provided for that
purpose. The application shall be made by the owner of the property or by the owner's
authorized agent, as designated in writing by the owner, and shall be
accompanied by the payment of an application fee for Site Plan Review, to the
Town of
6.L.1.B. Prior to formal application, an owner
or agent may be request an informal review of the site plan by the Planning
Board to determine its compliance with Town regulations.
6.L.1.C. The completed application with the
required documentation shall be placed on the Planning Board agenda for
consideration within thirty (30) days of its receipt.
6.L.1.D. Any application which is not complete
shall be sent back to the applicant with an indication of the additional
information needed.
6.L.1.E. Prior to taking final action on any
Site Plan Review application, the Planning Board shall, within thirty (30) days
hold a public hearing to afford the public the opportunity to comment on the
application.
6.L.1.F. Notice of the nature of the application
and of the time and location of the hearing shall be given by mail to the
applicant and owners of all property within two hundred (200) feet of the
property involved, at least ten (10) days in advance of the hearing, and shall
be published at least seven (7) days in advance in a newspaper of general
circulation in the area.
6.L.1.G. The owners of property shall be
considered to be those against whom taxes are assessed.
6.L.1.H. Failure of any property owner to
receive a notice shall not necessitate another hearing unless the property was
not listed on the submitted application.
6.L.1.I. Failure of any property owner to
receive a notice shall not invalidate any action by the Planning Board.
6.L.1.J. Within sixty (60) days of the receipt
of a completed application, the Planning Board shall act to approve,
disapprove, or approve with conditions, the site plan as submitted or amended, unless
the applicant and the Planning Board agree to a continuance.
6.L.1.K. If the Planning Board does not act upon
the application, the site plan shall be deemed to have been disapproved.
6.L.1.L. If the Planning Board shall vote to
disapprove the application, the applicant shall be notified in writing and the
specific cause for disapproval shall be noted.
6.L.1.M. The Planning Board may attach such
conditions as it finds necessary to ensure compliance with the purpose and
standards of this Ordinance. Requests for changes in the conditions of approval
require Planning Board review under the provisions of this section.
6.L.1.N. The Planning Board may require that an
expert consultant review one or more submissions of an application and report
as to the compliance or non-compliance with this Ordinance, and advise, if necessary,
of procedures which will result in compliance. The consultant shall be properly
qualified to provide this information, and shall be agreed upon by the Planning
Board and the applicant mutually. The applicant shall maintain responsibility
for all costs incurred for the use of these consultants.
6.L.1.O. The Planning Board may require the
applicant to undertake any study which it deems necessary and reasonable to
insure that the requirements of this Ordinance are met. The costs of all such studies
shall be borne by the applicant.
6.L.1.P. One copy of the approved site plan
shall be included in the application for a building permit.
6.M. The Planning Board
may require the applicant to post, prior to final approval of any plan, a bond,
escrow agreement, irrevocable letter of credit, or other surety in such amount
as is approved by the Planning Board as being reasonably necessary to ensure
completion of all improvements required as conditions of approval of such plan,
in such form as approved by the Planning Board.
6.N. A Certificate of Occupancy
shall not be issued until the Code Enforcement Officer determines that the
completed project meets all of the requirements of the plan as approved by the
Planning Board.
Article
7. Land Use
7.A. Basic
Requirement
Permitted uses
and conditional uses in all districts shall conform to all applicable
specifications and requirements. A Plumbing Permit, Building Permit, and/or
Certificate of Occupancy shall be required for all buildings, uses of land and
buildings, and sanitary facilities, according to the provisions of this Ordinance,
and a Residential Growth Permit shall be required before any new dwelling unit
may be created or located in Limington.
7.B. District
Regulations
Land uses
permitted in each district, in conformance with applicable Performance
Standards and, where appropriate, Specific Performance Standards are shown in
the following table.
Key:
Y Allowed (no permit required, but the use
must comply with all applicable land use standards)
PI Plumbing Inspector - Permit Required
CO Permitted use (Code Enforcement Officer - Permit
Required)
PB Conditional use (Planning Board - Permit
Required)
N Prohibited use
Districts:
General