ZONING ORDINANCE
TOWN OF
ADOPTED JANUARY 15, 1997
REVISED FEBRUARY 29, 2008
REVISED NOVEMBER 4, 2008
REVISED MARCH 5, 2010
INCLUDES
THE FOLLOWING AMENDMENT:
SHORELAND ZONING,
FEBRUARY 29, 2008
TABLE OF CONTENTS
(in a separate Excel document)
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 two (2) to four (4) dwelling units, such buildings being designed
for residential use and occupancy by two (2) to four (4) 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 six (6) months or older 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 residential use no more than six (6) months
in any calendar year. 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 thirty (30) 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
RU Rural District
RC Resource Conservation District
RE/V Residential / Village District
C Commercial District
Shoreland
RC Resource Conservation District
RU/RE Rural/Residential District
SP Stream Protection District
C Commercial District
Aquifer Protection
RU Rural District
C Commercial District
Other
ESCA Endangered Species and Critical Overlays
LAND USE TABLE
(on separate Excel Spreadsheet)
General
Land Use
1. In
considering any application for a permit to construct a private sewerage
disposal system for a permitted use in the Resource Conservation District, the
Planning Board shall apply the submission and performance standards set forth
in the Subdivision Rules and Regulations for Sewerage Disposal.
Shoreland
Zone
S1.
In Resource Conservation not allowed within seventy-five (75) feet,
horizontal distance, of the normal high water line of great ponds, except to
remove safety hazards.
S2.
Requires permit from the Code Enforcement Officer if more than one
hundred (100) square feet of surface area, in total, is disturbed.
S3. In
Resource Conservation not allowed in areas so designated because of wildlife
value.
S4. Provided
that a variance from the setback requirement is obtained from the Board of
Appeals.
S5. See
further restrictions in Article 8.
S6. Except
when area is zoned for Resource Conservation in flood plain criteria, in which
case a permit is required from the Planning Board.
S7. Single family residential structures may
be allowed by special exception only according to the provisions of Section 8.Z.B. Two family residential structures are
prohibited.
S8. Except for commercial uses otherwise listed in this Table, such as
marinas and campgrounds, that are allowed in the respective district.
Endangered
Species and Critical Overlay
C1 Planning
Board shall not issue a permit for any new building or use unless it determines
that the proposed building or use will have no adverse impact on the habitat
and species that have caused the land to be included within the Endangered
Species and Critical Areas Zone. In
determining whether adverse impact will occur, the Planning Board shall require
from the applicant written documentation, which may include a report prepared
by a wildlife biologist, regarding the probable effects of the proposed
building or use on significant habitat and species.
7.C. Dimensional Requirements
Lots and
structures in all districts shall meet or exceed the following minimum
requirements. Height requirements do not
apply to flagpoles, chimneys, transmission towers, steeples, windmills or
similar structures usually erected at a greater height than the principal
building, however such accessory structures or appurtenances require a lot line
setback distance of no less than its height.
RC Resource conservation District
RU Rural district
RE/V Residential / Village District
C Commercial District
AP Aquifer Protection Overlay
N Use Not Permitted
DIMENSIONAL REQUIREMENTS TABLE
(see separate spreadsheet)
1. All new building lots
created after the effective date of this Ordinance shall be laid out so that at
least 40,000 square feet of land area, including the proposed building site,
has a sustained ground slope less than or equal to 15% and soils where the
seasonal high water table is more than fifteen (15) inches below the surface.
NOTE
A: Back lots served by an access road (as
defined in Article 11) shall be exempt from the road frontage requirements set
forth in the preceding Table, provided that the width of the lot at the
building site is equal to or greater than the applicable minimum street
frontage requirement.
NOTE
B: New seasonal dwellings without engineered
septic and water supply do not require street frontage, but do require a
minimum deeded right-of-way width of thirty (30) feet and a travel way of
fifteen (15) feet in width with a minimum base of seven (7) inches of 6” minus gravel.
* NOTE C: If the applicant
can meet rural setback requirements.
NOTE
D: On non-conforming lots of record the Code
Enforcement Officer may reduce setbacks up to 20%.
Article 8. Shoreland Zone Regulations
8.A. Shoreland Zoning
8.A.1. Purpose
Shoreland Zone: In order to
make the Limington Zoning Ordinance conform to the laws of the State of
8.A.2. Scope
Shoreland Zone: This zone
applies to all land areas within two hundred and fifty (250) feet, horizontal
distance, of the normal high-water line of any great pond or river, or upland
edge of a freshwater wetland, and all land areas within seventy-five (75) feet,
horizontal distance, of the normal high-water line of a stream.
This zone also
applies to any structure built on, over, or abutting a dock, wharf or pier or
other structure extending or locating below the normal high-water line of a
water body or within a wetland.
8.A.3. Amendments
Shoreland Zone: This
zone may be amended by majority vote of the legislative body. Copies of amendments, attested and signed by
the Town Clerk, shall be submitted to the Commissioner of the Department of
Environmental Protection following adoption by the municipal legislative body
and shall not be effective unless approved by the Commissioner. If the Commissioner fails to act on any
amendment within forty-five (45) days of his/her receipt of the amendment, the
amendment is automatically approved. Any
application for a permit submitted to the municipality within the forty-five
(45) day period shall be governed by the terms of the amendment, if such
amendment is approved by the Commissioner.
8.B. Repeal of
Municipal Timber Harvesting Regulation
The municipal regulation
of timber harvesting activities is repealed on the statutory date established
under 38 M.R.S.A. section 438-A(5), at which time the State of Maine Department
of Conservation’s Bureau of Forestry shall administer timber harvesting standards
in the Shoreland Zone. On the date
established under 38 M.R.S.A. 438-A (5), the following provisions of this
Ordinance are repealed:
8.B.1. Article
7, Land Use Table of Permitted Uses, repeal the
row labeled “Timber Harvesting” only.
8.B.1.A Article 11.R Timber Harvesting,
repeal entire section.
8.B.1.B. Article 2.B. repeal definitions of
the following terms:
Basal area, residual
Harvest area
Residual stand
8.C. Nature and Effect
Shoreland Zone: The Shoreland Zone shall overlay the existing districts
created by this Ordinance and its terms shall supersede any requirements of
said underlying districts, unless the underlying requirements are more
restrictive than those set forth here, in which case the more restrictive shall
govern.
8.D. Districts
Shoreland Zone: The
Shoreland Zone shall be divided into the following districts as shown on the
Official Shoreland Zoning Maps which is made a part of this Ordinance:
8.6.1. Shoreland Resource Conservation
8.6.2. Stream Protection
8.6.3. Rural/Residential
8.6.4 Commercial
8.E. Official
Shoreland Zoning Map
The official Shoreland
Zoning Map shall be certified by the attested signature of the Town Clerk and
shall be located in the Town Hall. The official Shoreland Zoning map shall be
drawn at a scale of not less than: 1 inch = 2000 feet. Zoning boundaries shall be clearly delineated
and a legend indicating the symbols for each district shall be placed on the
map.
If amendments, in
accordance with Article 3.C., are made in the zone boundaries or other
matter portrayed on the official Shoreland Zoning Map, such changes shall be
made on the official Shoreland Zoning Map within thirty (30) days after the
amendment has been approved by the Commissioner of the Department of
Environmental Protection.
8.F. Interpretation
of District Boundaries
The Code Enforcement
Officer shall be the municipal official responsible for making determinations
regarding the location of Shoreland Zoning boundaries and interpreting the
official Shoreland Zoning map. Decisions
of the Code Enforcement Officer regarding of the location of zoning boundaries
may be appealed to the Board of Appeals, pursuant to Article 14.D.of this Ordinance.
8.G.
Non-Conformance — Shoreland Zone
Within the Shoreland Zone
the Non-Conformance provisions of Article 5
of this Ordinance shall apply. A
non-conforming condition shall not be permitted to become more non-conforming,
and the following additional limitations on non-conforming structures shall
also apply:
8.G.1. Expansion of Portion of Non-Conforming
Structure Within Setback:
After January 1, 1989, if any portion of a
structure is less than the required setback from the normal high-water line of
a water body, tributary stream, or the upland edge of a wetland, that portion
of the structure shall not be expanded in floor area or volume by 30% or more
during the lifetime of the structure. If
a replacement structure conforms with the requirements of Article 8 and is less
than the required setback from a water body, tributary stream or wetland, the
replacement structure may not be expanded if the original structure existing on
8.G.2. Construction
or Enlargement of Foundation:
Whenever a new, enlarged, or
replacement foundation is constructed under a non-conforming structure, the
structure and new foundation must be placed such that the setback requirement
is met as nearly as is practical, as determined by the Planning Board, basing
its decision on the criteria set forth in Section 8.G.4., Relocation, below if:
8.G.2.A. The completed foundation does not extend
beyond the exterior dimensions of the structure, except for expansion in
conformity with Section 8.G.2 above, and
8.G.2.B. The foundation does not cause the structure
to be elevated by more than three (3) additional feet as measured from the
uphill side of the structure (from the original ground level to the bottom of
the first floor sill), it shall not be considered to be an expansion of the
structure.
8.G.3. Expansion
Toward Water Prohibited Within Setback
No structure which is less
than the required setback from the normal high-water line of a water body or
tributary stream, or from the upland edge of a wetland shall be expanded toward
the water body, tributary stream or wetland.
8.G.4. Relocation:
A non-conforming structure may be relocated within the boundaries of
the parcel on which the structure is located provided that the site of
relocation conforms to all setback requirements as nearly as is practical as
determined by the Planning Board, and provided that the applicant demonstrates
that the present subsurface sewage disposal system meets the requirements of
State Law and the State of Maine Subsurface Wastewater Disposal Rules (Rules),
or that a new system can be installed in compliance with the said Law and
Rules. In no case shall a structure be relocated in a manner that causes the
structure to be more non-conforming.
In determining whether
the building relocation meets setback requirements as nearly as is practical,
the Planning Board shall consider the size of the lot, the slope of the land,
the potential for soil erosion, the location of other structures on the
property and on adjacent properties, the location of the septic system and
other on-site soils suitable for septic systems, and the type and amount of
vegetation to be removed to accomplish the relocation. When it is necessary to
remove vegetation within the water or wetland setback area in order to relocate
a structure, the Planning Board shall require replanting of native vegetation
to compensate for the destroyed vegetation.
In addition, the area from which the relocated structure was removed
must be replanted with vegetation.
Replanting shall be required as follows:
8.G.4.A. Trees removed in order to relocate a structure
must be replanted with at least one native tree, three (3) feet in height, for
every tree removed. If more than five
(5) trees are planted, no one species of tree shall make up more than 50% of
the number of trees planted. Replaced
trees must be planted no further from the water or wetland than the trees that
were removed.
8.G.4.B. Other woody and herbaceous vegetation, and
ground cover, that are removed or destroyed in order to relocate a structure
must be re-established. An area at least
the same size as the area where vegetation and/or ground cover was disturbed,
damaged, or removed must be re-established within the setback area. The vegetation and/or ground cover must
consist of similar native vegetation and/or ground cover that was disturbed,
destroyed or removed.
8.G.4.C. Where
feasible, when a structure is relocated on a parcel the original location of
the structure shall be re-planted with vegetation which may consist of grasses,
shrubs, trees, or a combination thereof.
8.G.5. Reconstruction or Replacement:
Any non-conforming structure which is located
less than the required setback from a water body, tributary stream, or wetland,
and which is removed, damaged or destroyed, regardless of the cause, to an
extent that exceeds 50% of the market value of the structure immediately before
such removal, damage or destruction, may be reconstructed or replaced provided
that a permit is obtained within eighteen (18) months of the date of said
removal, damage or destruction, and provided that such reconstruction or
replacement is in compliance with the water body, tributary stream or wetland
setback requirement of this Ordinance as nearly as is practical, as determined
by the Planning Board, in accordance with this Ordinance. In no case shall a structure be reconstructed
or replaced so as to increase its non-conformity. If the reconstructed or replacement structure
is less than the required setback it shall not be any larger than the original
structure, except as allowed pursuant to Section 8.G.4 above, as determined by
the non-conforming floor area and volume of the reconstructed or replaced
structure at its new location. If the
total amount of floor area and volume of the original structure can be
relocated or reconstructed beyond the required setback area, no portion of the
relocated or reconstructed structure shall be replaced or constructed at less
than the setback requirement for a new structure. When it is necessary to remove vegetation in
order to replace or reconstruct a structure, vegetation shall be replanted in
accordance with Section 8.G.4 above.
Any non-conforming structure which is located less than the required
setback from a water body, tributary stream, or wetland and which is removed by
50% or less of the market value, or damaged or destroyed (excluding normal
maintenance and repair) to an extent less than or equal to 50% of the market
value of the structure immediately before the damage or destruction may be
reconstructed, in place, if a permit is obtained from the Code Enforcement
Officer within one (1) year of such damage, destruction, or removal.
In determining whether the building reconstruction or replacement meets
the setback as nearly as is practical the Planning Board shall consider, in
addition to the criteria in Section 8.G.4 above, the physical condition
and type of foundation, if any, and the purpose of this Ordinance. In no case
shall a structure be reconstructed or replaced so as to increase its
non-conformity.
8.G.6. Change of
Use of a Non-Conforming Structure:
The use of a non-conforming
structure may not be changed to another use unless the Planning Board, after
receiving a written application, determines that the new use will have no
greater adverse impact on the water body or wetland, or on the subject or
adjacent properties and resources, than the existing use.
In determining whether
greater adverse impact will occur, the Planning Board shall require written
documentation from the applicant regarding the probable effects on public
health and safety, erosion and sedimentation, water quality, fish and wildlife
habitat, vegetative cover, visual and actual points of public access to waters,
natural beauty, flood plain management, archaeological and historic resources,
and functionally water-dependent uses.
8.H. Establishment of Districts - Shoreland Zone
8.H.1. Resource Conservation District - Shoreland
Zone
In addition to any areas of the Resource Conservation District as
defined in Article 4.D.2. of this
Ordinance that are also within the limits of the Shoreland Zone as described
herein, the Resource Conservation District within the Shoreland Zone shall
include areas in which development would adversely affect water quality,
productive habitat, biological ecosystems or areas of particular scenic or
natural value. This district includes the following areas when they occur
within the limits of the Shoreland Zone (exclusive of the Stream Protection
District), except areas which are already developed as of the date of enactment
of this Ordinance and areas within the Commercial District.
8.H.1.A. Areas
within two hundred and fifty (250) feet, horizontal distance, of the upland
edge of wetlands, and wetlands associated with great ponds and rivers, which
are rated “moderate” or high in value waterfowl and wading bird habitat,
including nesting and feeding areas, by the Maine Department of Inland
Fisheries and Wildlife (MDIF&W) that are depicted on a Geographic
Information System (GIS) data layer maintained by either MDIF&W or the
Department as of May 1, 2006 For the
purposes of this paragraph “wetlands associated with great ponds and rivers”
shall mean areas characterized by non-forested wetland vegetation and hydric
soils that are contiguous with a great pond or river, and have a surface
elevation at or below the water level of the great pond or river during the
period of normal high water. “Wetlands
associated with great ponds or rivers” are considered to be part of that great
pond or river.
8.H.1.B.
Flood Plains along rivers defined by
the 100 year flood plain as designated on the Federal Emergency Management
Agency’s (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the
flood of record, or in the absence of these, by soil types identified as recent
flood plain soils.
8.H.1.C.
Areas of two (2) or more contiguous
acres with sustained slopes of 20% or greater.
8.H.1.D. Areas of two (2) or more contiguous acres
supporting wetland vegetation and hydric soils, which are not part of a
freshwater wetland as defined, and which are not surficially connected to a
water body during the period of normal high water.
8.H.1.E. Land areas along rivers subject to severe
bank erosion, undercutting or river bed movement.
8.H.2. Rural / Residential District - Shoreland Zone
The Rural / Residential District includes those areas in the Rural
District (as described in Article 4.D.1 and 4.D.3. of this Ordinance) and the Residential / Village District (as described
in Article 4.D.3. of this Ordinance) that are
also in the Shoreland Zone, except those that are in the Resource Conservation
District (described in Article 4.C.2)
above, and those that are in the Stream Protection District described in 8.H.4
below,
8.H.3. Commercial
District - Shoreland Zone
The Commercial District
includes those areas in the Commercial District (as described in Article
4.D.4 of this Ordinance) that are also in the
Shoreland Zone, except those that are in the Resource Conservation District
described in Article 8.H.1 above, and those that are in the Stream Protection
District described in Article 8.H.4 below.
8.H.4. Stream Protection District - Shoreland Zone
The Stream Protection District includes all land areas within
seventy-five (75) feet, horizontal distance, of the normal high-water line of a
stream, exclusive of those areas within two hundred and fifty (250) feet,
horizontal distance, of the normal high-water line of a great pond or river, or
within two hundred and fifty (250) feet, horizontal distance, of the upland
edge of a wetland. Where a stream and its associated shoreland area is located
within two hundred and fifty (250) feet, horizontal distance, of the
above-mentioned water bodies or wetlands, that land area shall be regulated
under the terms of the Shoreland Zone district associated with that water body
or wetland.
8.I. Table of Land Uses - Shoreland Zone
All land use activities, as indicated in the “Land Uses in the Shoreland
Zone”, shall conform to all of the applicable land use standards in Article
7. The district designation for a particular
site shall be determined from the Official Zoning Map of the Town of
8.J. Land Use Standards – Shoreland Zone
All land use activities within the Shoreland Zone shall conform to the
following provisions, if applicable.
8.J.1. Minimuim Lot Standards –
Shoreland Zone
All land use activities on any lot within the Shoreland Zone shall
conform with at least the following minimum standards; however, if standards
set forth elsewhere in the Ordinance are applicable and are more restrictive
than those set forth here, the most restrictive standards that apply shall
govern.
8.J.1.A.
Minimum Minimum
(sq.
ft.) Frontage
(ft.)
Residential, per dwelling unit 40,000 200
Governmental, Institutional or 60,000 300
Commercial, per principle structure
Public and Private Recreational 40,000 200
Facilities
8.J.2. Land
below the normal high water line of a water body or upland edge of a wetland
and land beneath roads serving more than two (2) lots shall not be included
toward calculating minimum lot area.
8.J.3. Lots
located on opposite sides of a public or private road shall be considered each
a separate tract or parcel of land unless such road was established by the
owner of land on both sides thereof after
8.J.4. A
minimum width of any portion of any lot within one hundred (100) feet,
horizontal distance, of the normal high water line of a water body or upland
edge of a wetland shall be equal to or greater than the shore frontage
requirement for a lot with the proposed use.
8.J.5. If more
than one residential dwelling unit, principal governmental, institutional,
light commercial structure or use, or combination thereof, is constructed or
established on a single parcel, all dimensional requirements shall be met for
each additional dwelling unit, principle structure, or use.
8.K. Principal and Accessory Structures – Shoreland
Zone
All new principle and accessory structures shall be set back at least
one hundred (100) feet, horizontal distance, from the normal high water line of
great ponds and rivers, and seventy-five (75) feet, horizontal distance, from
the normal high water line of other water bodies, tributary streams, or upland
edge of wetlands. In the Resource
conservation District the setback requirement shall be two hundred and fifty
(250) feet, horizontal distance, except for structures, parking spaces for
other regulated objects specifically allowed in that district in which case the
setback requirements above shall apply.
In addition:
1. The water body, tributary stream, or wetland setback
provision shall apply neither to structures which require direct access to the
water body or wetland as an operational necessity (such as piers, docks, and
retaining walls), nor to other functionally water dependent uses.
2. On a non-conforming lot of record on which only a
residential structure exists, and it is not possible to place an accessory
structure meeting the required water body, tributary stream or wetland
setbacks, the Code Enforcement Officer mah issue a permit to place a single
accessory structure, with no utilities, for the storage of yard tools and
similar equipment. Such accessory
structure shall not exceed eighty (80) square feet in area or eight (8) feet in
height, and shall be located as far from the shoreline or tributary stream as practical
and shall meet all other applicable standards, including lot coverage and
vegetation clearing limitations. In no
case shall the structure be located closer to the shoreline or tributary stream
than the principle structure.
8.K.1. Principle
or accessory structures and expansions of existing structures which are
permitted in the resource Conservation, Residential or Commercial Districts and
Stream Protection District shall not exceed thirty-five (35) feet in height. This provision shall not apply to structures
such as transmission towers, windmills, antennas, and similar structures having
no floor area.
8.K.2. The
lowest floor elevation or openings of all buildings and structures, including
basements, shall be elevated at least one foot above the elevation of the 100
year flood, the flood of record or, in the absence of these, the flood as
defined by soil types identified as recent flood plain soils. In those municipalities that participate in
the National Flood Insurance Program and have adopt4ed the April 200r version,
or later version, the Floodplain Management Ordinance, accessory structures may
be placed in accordance with the standards of that Ordinance and need not meet
the elevation requirements of this paragraph.
8.K.3. The
total footprint area of all structures, parking lots and other non-vegetated
surfaces shall not exceed twenty (20) percent of any lot, or portion thereof,
located within the Shoreland Zone, including land area previously developed.
8.K.4. Retaining
walls that are not necessary for erosion control shall meet the structure
setback requirement, except for low retaining walls and associated fill
provided all of the following conditions are met:
A. The site has
been previously altered and an effective vegetated buffer does not exist;
B. The wall(s)
is (are) at least twenty-five (25) feet, horizontal distance, from the normal
high water line of a water body, tributary stream, or upland edge of a wetland;
C. The site
where the retaining wall will be constructed is legally existing lawn or is a
site eroding from lack of naturally occurring vegetation, and which cannot be
stabilized with vegetative plantings;
D. The total
height of the wall(s), in the aggregate, is (are) not more than twenty-four
(24) inches;
E. Retaining
walls are located outside of the 100 year floodplain on rivers, streams,
coastal wetlands, and tributary stream, as designated on the Federal Emergency
Management Agency’ (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary
Maps, or the flood or record, or in the absence of these, by soil types
identified as recent flood plain soils;
F. The area
behind the wall is re-vegetated with grass, shrubs, trees, or a combination
thereof, and no further structural development will occur within the setback
area, including patios and decks; and
G. A vegetated
buffer area is established within twenty-five (25) feet, horizontal distance,
of the normal high water line of a water body, tributary stream, or upland edge
of a wetland when a natural buffer area does not exist. The buffer area must meet the following
characteristics:
1. The buffer
must include shrubs and other woody and herbaceous vegetation. Where natural ground cover is lacking the
area must be supplemented with leaf or bark mulch;
2. Vegetation
plantings must be in quantities sufficient to retard erosion and provide for
effective infiltration of storm water runoff;
3. Only native
species may be used to establish the buffer area;
4.
A minimum buffer
width of fifteen (15) feet, horizontal distance, is required, measured
perpendicularly to the normal high water line or upland edge of a wetland;
5.
A footpath not to
exceed the standards in Section 8.W.2.A.
H. If the wall
and associated soil disturbance occurs within seventy-five (75) feet,
horizontal distance, of a water body, tributary stream or coastal wetland, a
permit pursuant to the Natural Resource Protection Act is required from the
Department of Environmental Protection.
8.K.5. Notwithstanding
the requirements stated above, stairways or similar structures may be allowed
with a permit from the Code Enforcement Officer, to provide shoreline access in
areas of steep slopes or unsuitable soils, provided: that the structure Is limited to a maximum of
four (4) feet in width; that the structure does not extend below or over the
normal high water line of a water body or the upland edge of a wetland (unless
permitted by the Department of Environmental Protection pursuant to the Natural
Resources Protection Act, 38 M.R.S.A. Sec. 480-C); and that the applicant
demonstrates that no reasonable access alternative exists on the property.
8.L.6. Piers, Docks, Wharfs, Bridges and Other
Structures and Uses Extending Over or Below the
8.L.6.1. Access from shore shall be developed on soils
appropriate for such use and constructed so as to control erosion.
8.L.6.2. The
location shall not interfere with existing developed or natural beach areas.
8.L.6.3. The
facility shall be located so as to minimize adverse effects on fisheries.
8.L.6.4. The
facility shall be not larger in dimension than necessary to carry on the
activity and be consistent with the surrounding character and uses, and
character of the area. A temporary pier,
dock or wharf shall not be wider the six (6) feet non-commercial uses.
8.L.6.5. No
new structure shall be built on, over or abutting a pier, wharf, dock, or other
structure extending beyond the normal high water line of a water body or a
wetland unless the structure requires direct access to the water body or
wetland as an operational necessity.
8.L.6.6 New
permanent piers and docks on non-tidal waters shall not be permitted unless it
is clearly demonstrated to the Planning Board that a temporary pier or dock is
not feasible, and a permit has been obtained from the Department of
Environmental Protection, pursuant to the Natural Resources Protection Act.
8.L.6.7. No
existing structures built on, over or abutting a pier, wharf, dock, or other
structure extending beyond the normal high water line of a water body or within
a wetland shall be converted to residential dwelling units in any district.
8.L.6.8. Structures
built on, over or abutting a pier, wharf, dock or other structure extending
beyond the normal high water line of a water body or within a wetland shall not
exceed twenty (20) feet in height above the pier, wharf, dock, or other
structure.
8.M. Campgrounds – Shoreland Zone
Campgrounds shall conform to the minimum requirements imposed under
State licensing procedures and the following:
8.M.1. One
campsite per lot, legally existing on the effective date of this Ordinance or
per thirty thousand (30,000) square feet of lot area within the Shoreland Zone,
whichever is less, may be permitted.
8.M.2. The areas
intended for placement of a recreational vehicle, tent or shelter, and utility
service buildings shall be set back a minimum of one hundred (100) feet,
horizontal distance, from the normal high water line of a great pond, and
seventy-five (75) feet, horizontal distance, from the normal high water line of
other water bodies, tributary streams, or the upland edges of wetlands.
8.N. Individual Private Campsites – Shoreland Zone
Individual private campsites not associated with campgrounds are
allowed provided the following conditions are met:
8.N.1. One
campsite per lot, legally existing on the effective date of this Ordinance or
per thirty thousand (30,000) square feet of lot area within the Shoreland Zone,
whichever is less, may be permitted.
8.N.2. Campsite
placement on any lot, including the area intended for a recreational vehicle or
tent platform, shall be set back one hundred(100) feet, horizontal distance,
from the normal high water line of a great pond and seventy-five (75) feet,
horizontal distance, from the normal high water line of other water bodies,
tributary streams, or upland edges of wetlands.
8.N.3. Only one
(1) recreational vehicle shall be allowed on a campsite. The recreational vehicles shall not be
located on any type of permanent foundation except for a gravel pad, and no
structure except a canopy shall be attached to the recreational vehicle.
8.N.4. The
clearing of vegetation for the citing of any recreational vehicle, tent or
similar shelter in a Shoreland Resource Conservation District shall be limited
to one thousand (1,000) square feet.
8.N.5. A
written sewage disposal plan describing the proposed method and location of
sewage disposal shall be required for each campsite and shall be approved by
the local Plumbing Inspector. Where
disposal is off-site, written authorization from the receiving facility or land
owner is required.
8.N.6. When a
recreational vehicle, tent or similar shelter is placed on-site for more than
one hundred and twenty (120) days per year, all requirements for residential
structures shall be met, including the installation of a subsurface sewage
disposal system in compliance with the State of Maine Subsurface Wastewater
Disposal rules unless served by public sewage facilities.
8.O. Commercial and Industrial Uses – Shoreland
Zone
The following new commercial and industrial uses are prohibited within
the Shoreland Zone adjacent to great ponds and rivers and streams which flow to
great ponds classified GPA:
8.O.1. Automobile
washing facilities.
8.O.2. Automobile
or other vehicle service and/or repair operations, including body shops.
8.O.3. Chemical
and bacteriological laboratories.
8.O.4. Storage
of chemicals, including herbicides, pesticides or fertilizers other than in
amounts normally associated with individual household or farms.
8.O.5. Commercial
painting, wood preserving, and furniture stripping.
8.O.6. Dry
cleaning establishments.
8.O.7. Electronic
circuit assembly.
8.O.8. Laundromats,
unless connected to a sanitary sewer.
8.O.9. Metal
plating, finishing, or polishing.
8.O.10. Petroleum
or petroleum product storage and/or sale except storage on same property as use
occurs and except for sales and storage associated with marinas.
8.O.11. Photographic
processing.
8.O.12. Printing.
8.P. Parking Areas – Shoreland Zone
8.P.1. Parking
areas shall meet the shoreline and tributary stream setback requirements for
structures in the district in which they are located.
8.P.2. Parking
areas shall be adequately sized for the proposed use and shall be designed to
prevent storm water runoff from flowing directly into a water body, tributary
stream or wetland and, where feasible, to retain all runoff on site.
8.P.3. In
determining the appropriate size of proposed parking facilities, the following
shall apply:
A. Typical
parking space: approximately ten (10)
feet wide and twenty (20) feet long, except that parking spaces for a vehicle
and boat trailer shall be forth (40) feet long.
B. Internal
travel aisles: approximately twenty (20)
feet wide.
8.Q. Roads and Driveways – Shoreland Zone
The following standards shall apply to the construction of roads and/or
driveways and drainage systems, culverts, and other related features:
8.Q.1. Roads
and driveways shall be set back at least one hundred (100) feet, horizontal
distance, from the normal high water line of a great pond and seventy-five (75)
feet, horizontal distance, from the normal high water line of other water
bodies, tributary streams or upland edges of wetlands, unless no reasonable
alternative exists, the road and/or driveway setback requirements shall be no
less that fifty (50 feet, horizontal distance, upon clear showing by the
applicant that appropriate techniques will be sued to prevent sedimentation of
the water body, tributary stream or wetland.
Such techniques may include, but are not limited to, the installation of
settling basins and/or the effective use of additional ditch relief culverts
and turnouts placed so as to avoid sedimentation of the water body, tributary
stream or wetland.
On slopes of greater than twenty (20) percent the road and/or driveway
setback shall be increased by ten (10) feet, horizontal distance, for each five
(5) percent increase in slope above twenty (20) percent.
Section 8.Q.1. does not apply to approaches to water crossings or to
roads or driveways that provide access to permitted structures and facilities
located nearer to the shoreline or tributary stream due to an operational
necessity, excluding temporary docks for recreational uses. Road and driveways providing access to
permitted structures within the setback area shall comply fully with the
requirements of Section 8.Q.1. except for that portion of the road or driveway
necessary for direct access to the structure.
8.Q.2. Existing
public roads may be expanded within the legal road right-of-way regardless of
their setback from a water body, or tributary stream, or wetland.
8.Q.3. New
roads and driveways are prohibited in the Resource Cosnervation and Stream
Protection Districts except that the Planning Board may grant a permit to
construct a road or driveway to provide access to permitted uses within the
district, or as approved by the Planning Board upon a finding that no
reasonable alternative route or location is available outside the district, in
which case the road and/or driveway shall be set back as far as practicable
from the normal high water line of a water body, tributary stream, or upland
edge of a wetland.
8.Q.4. Road and
driveway banks shall be no steeper than a slope of two (2) horizontal to one
(1) vertical, and shall be graded and stabilized in accordance with the provisions
for erosion and sedimentation control contained in subsection 8.X.
8.Q.5. Road and
driveway grades shall be no greater than ten (10) percent except for segments
of less than two hundred (200) feet.
8.Q.6. In order
to prevent road and driveway surface drainage from directly entering water
bodies, tributary streams or wetlands, roads and driveways shall be designed,
constructed and maintained to empty onto an unscarified buffer strip at least
fifty (50) feet plus time times the average slope, in width between the outflow
point of the ditch or culvert and the normal high water line of a water body,
tributary stream, or upland edge of a wetland.
Surface drainage which is directed to an unscarified buffer strip shall
be diffused or spread out to promote infiltration of the runoff and to minimize
channelized flow of the drainage through the buffer strip.
8.Q.7. Ditch
relief (cross drainage) culverts, drainage dips and water turnouts shall be
installed in a manner effective in directing drainage onto unscarified buffer
strips before the flow gains sufficient volume or head to erode the road,
driveway, or ditch. To accomplish this,
the following shall apply:
A. Ditch relief
culverts, drainage dips and associated water turnouts shall be spaced along the
road or driveway at intervals no greater than indicated in the following table:
DITCH RELIFE
& DRAINAGE – SHORELAND
Grade (Percent) Spacing
(Feet)
0 - 2 250
3 - 5 200
- 135
6 - 10 100
- 80
11 - 15 80
- 60
16 - 20 60
– 45
21 + 40
B. Drainage dips may be used in place of ditch relief
culverts only where the road grade is ten (10) percent or less.
C. On road sections having slopes greater than ten (10)
percent, ditch relief culverts shall be placed at approximately a thirty (30)
degree angle down slope from a line perpendicular to the centerline of the road
or driveway.
D. Ditch relief culverts shall be sufficiently sized and
properly installed in order to allow for effective functioning and their inlet
and outlet ends shall be stabilized with appropriate materials.
8.R. Signs – Shoreland Zone
The following provisions shall govern the use of signs in the Resource
Conservation, Stream Protection, Residential and Commercial Districts within
the Shoreland Zone:
8.R.1. Signs
relating to goods and services sold on the premises shall be allowed, provided
that such signs shall not exceed sic (6) square feet in area and shall not
exceed two (2) signs per premises. In
the Commercial District, however, such signs shall not exceed sixteen (16)
square feet in area. Signs relating to
goods or services not sold or rendered on the premises shall be prohibited.
8.R.2. Name
signs are allowed provided such sings shall not exceed two (2) signs per
premises and shall not exceed twelve (12) square feet in the aggregate.
8.R.3. Residential
uses may display a single sign not over three (3) square feet in area relating
to the sale, rental, or lease of the premises.
8.R.4. Signs
relating to trespassing and hunting shall be allowed without restrictions as to
number provided that no such sign shall exceed two (2) square feet in area.
8.R.5. Signs
relating to public safety shall be allowed without restriction.
8.R.6. No sign
shall extend higher than twenty (20) feet above the ground.
8.R.7. Signs
may be illuminated only by shielded, non-flashing lights.
8.S. Essential Services – Shoreland Zone
8.S.1. Where
feasible, the installation of essential services shall be limited to existing
public ways and existing service corridors.
8.S.2. The
installation of essential services, other than road side distribution lines, is
not allowed in the Shoreland Zone Resource Conservation District or Stream
Protection District, except to provide services to a permitted use within said
District, or except where the applicant demonstrates that no reasonable
alternative exists. Where allowed, such
structures and facilities shall be located so as to minimize any adverse
impacts on surrounding uses and resources, including visual impacts.
8.S.3. Damaged
or destroyed public utility transmission and distribution lines, towers and
related equipment may be replaced or reconstructed without a permit.
8.T. Mineral Exploration and Extraction –
Shoreland Zone
Mineral exploration to determine the nature or extent of mineral
resources shall be accomplished by hand sampling, test boring, or other methods
which create minimal disturbance of less than one hundred (100) square feet of
ground surface. A permit from the Code
Enforcement Officer shall be required for mineral exploration which exceeds the
above limitation. All excavations,
including test pits and holes shall be immediately capped, filled or secured by
other equally effective measures, to restore disturbed areas and to protect the
public health and safety.
Mineral extraction may be permitted under the following conditions:
8.T.1. A
reclamation plan shall be filed with, and approved by, the Planning Board
before a permit is granted. Such plans
shall describe in detail procedures to be undertaken to fulfill the
requirements of Section 8.T.4. below.
8.T.2. No part
of any extraction operation, including drainage and runoff control features
shall be permitted within one hundred (100) feet, horizontal distance, of the
normal high water line of a great pond, and within seventy-five (75) feet,
horizontal distance, of the normal high water line of any other water body,
tributary stream, or the upland edge of a wetland. Extraction operations shall not be permitted
within seventy-five (75) feet of any property line, without written permission
of the owner of such adjacent property.
8.T.3. All
other requirements for extraction set forth in Article 12.H. are met.
8.T.4. Within
twelve (12) months following the completion of extraction operations at any
extraction site, which operation shall be deemed complete when less than one
hundred (100) cubic yards of materials are removed in any consecutive twelve
(12) month period, ground levels and grades shall be established in accordance
with the following:
A. All debris, stumps, and similar material shall be
removed for disposal in an approved location, or shall be buried on-site. Only materials generated on-site may be
buried or covered on-site.
B. The final graded slope shall be two and one half to
one (2 ˝:1) slope or flatter.
C. Top soil or loam shall be retained to cover all
disturbed land areas, which shall be re-seeded and stabilized with vegetation
native to the area. Additional topsoil
or loam shall be obtained from off-site sources if necessary to complete the
stabilization project.
D. In keeping with the purposes of this Ordinance, the
Planning Board may impose such conditions as are necessary to minimize the
adverse impacts associated with mineral extraction operations on surrounding
uses and resources.
8.U. Agriculture – Shoreland Zone
8.U.1. All
spreading of manure shall be accomplished in conformance with the Manure Utilization Guidelines published
by the Maine Department of Agriculture on November 1, 2001, and the Nutrient
Management Law (7 M.R.S.A. Sections 4201-4209).
8.U.2. Manure
shall not be stored or stockpiled within one hundred (100) feet, horizontal
distance, of a great pond or within seventy-five (75) feet horizontal distance,
of other water bodies, tributary streams, or wetlands. All manure storage areas with the Shoreland
Zone must be constructed or modified such that the facility produces no
discharge of effluent or contaminated storm water.
8.U.3. Agricultural
activities involving tillage of soil greater than forty thousand (40,000)
square feet in surface area within the Shoreland Zone shall require a
Conservation Plan to be filed with the Planning Board. Non-conformance with the provisions of said
plan shall be considered to be a violation of this Ordinance.
8.U.4. There
shall be no new tilling of soil within one hundred (100) feet, horizontal
distance, of the normal high water line of a great pond; within seventy-five
(75) feet, horizontal distance, from other water bodies; nor within twenty-five
(25) feet, horizontal distance, of tributary streams and wetlands. Operations in existence on the effective date
of this Ordinance and not in conformance with this provision may be maintained.
8.U.5. New
established livestock grazing areas shall not be permitted within one hundred
(100) feet, horizontal distance, of the normal high water line of a great pond;
within seventy-five (75) feet, horizontal distance, of other water bodies; nor
within twenty-five (25) feet, horizontal distance, of tributary streams and
wetlands. Livestock grazing associated
with ongoing farm activities, and which are not in conformance with the above
setback provisions may continue, provided that such grazing is conducted in
accordance with a Conservation Plan.
8.V. Timber Harvesting – Shoreland Zone
8.V.1. Within
the strip of land extending seventy-five (75) feet inland from the normal high
water line in resource the Conservation District abutting a great pond there
shall be no timber harvesting, except to remove safety hazards.
8.V.2. Except
in areas as described in 8.V.1 above, timber harvesting shall conform to the
following provisions:
A. Selective cutting of no more than forty (40) percent
of the total volume of trees four (4) inches or more in diameter measured at 4
˝ feet above ground level on any lot in any ten (10) year period is
permitted. In addition:
1.
Within one
hundred (100) feet, horizontal distance, of the normal high water line of a
great pond or river, and within seventy-five (75) feet, horizontal distance, of
the normal high water line of other water bodies, tributary streams, or the
upland edge of a wetland, there shall be no clear cut openings, and a well
distributed stand of trees and other vegetation, including existing ground
cover, shall be maintained.
2.
At distances
greater than one hundred (100) feet, horizontal distance, of a great pond or
river and greater than seventy-five (75) feet, horizontal distance, of the
normal high water line of other water bodies or the upland edge of a wetland,
harvesting operations shall not create single clear cut openings greater than
ten thousand (10,000) square feet in the forest canopy. Where such openings exceed five thousand
(5,000) square feet they shall be at least one hundred (100) feet apart. Such clear cut openings shall be included in
the calculation of total volume removal.
For the purposes of these standards, volume may be considered to be
equivalent to basal area.
B. No accumulation of slash shall be left within fifty
(50) feet of the normal high water line of a water body. In all other areas slash shall either be
removed or disposed of in such a manner that it lies on the ground and no part
thereof extends more than four (4) feet above the ground. Any debris that falls below the normal high
water ine of a water body shall be removed.
C. Timber harvesting equipment shall not use stream
channels as travel routes except when:
1. Surface waters are frozen; and
2. The activity will not result in any ground
disturbance.
D. All crossings of flowing water shall require a bridge
or culvert, except in areas with low banks and channel beds which are composed
of gravel, rock or similar hard surfaces which would not e eroded or otherwise
damaged.
E. Skid trail approaches to water crossings shall be
located and designed so as to prevent water runoff from directly entering the
water body or tributary stream. Upon
completion of timber harvesting, temporary bridges and culverts shall be
removed and areas of exposed soil re-vegetated.
F. Except for water crossings, skid trails and other
sites where the operation of machinery used in timber harvesting results in the
exposure of mineral soil shall be located such that an unscarified strip of
vegetation of at least seventy-five (75) feet in width for slopes up to ten
(10) percent shall be retained between the exposed mineral soil and the normal
high water line of a water body or upland edge of a wetland. For each ten (10 percent increase in slope,
the unscarified strip shall be increased by twenty (20) feet. The provisions of this paragraph apply only
to a face sloping toward the water body or wetland, provided, however, that no
portion of such exposed mineral soil on a back face shall be closer than
twenty-five (25) feet, horizontal distance, from the normal high water line of
a water body or upland edge of a wetland.
8.W. Clearing of or Removal of Vegetation for
Activities Other than Timber Harvesting – Shoreland Zone
8.W.1. In a
Shoreland Zone Resource Conversation District abutting a great pond, there
shall be no cutting of vegetation within the strip of land extending
seventy-five (75) feet, horizontal distance, inland from the normal high water
line, except to remove safety hazards.
Elsewhere,
in any Shoreland Zone Resource conservation District the cutting or removal of
vegetation shall be limited to that which is necessary for uses expressly
authorized in the District.
8.W.2. Except in
areas as described in Section 8.W.1. above, and except to allow for the
development of permitted uses within a strip of land extending one hundred
(100) feet, horizontal distance, inland from the normal high water line of a
great pond or river, and seventy-five (75) feet, horizontal distance, from any
other water body, tributary stream or upland edge of a wetland, a buffer strip
of vegetation shall be preserved as follows:
A. There shall
be no cleared opening greater than two hundred and fifty (250) square feet in
the forest canopy (or other existing woody vegetation if a forested canopy is
not present) as measured from the outer limits of the tree or shrub crown. However, a foot path not to exceed sic (6)
feet in width as measured between tree trunks and/or shrub stems is allowed
provided that a cleared line of sight to the water through the buffer strip is
not created.
B. Selective
cutting of trees within the buffer strip is allowed provided that a well
distributed stand of trees and other natural vegetation is maintained. For the purposes of Section 8.W.2.B a “well
distributed stand of trees” adjacent to a great pond or river, or stream
flowing to a great pond, shall be defined as maintaining a rating score of 24
or more in each 25-foot by 50-foot rectangular (125 square feet) area as determined
by the following rating system:
Diameter of Tree at 4 ˝ Feet Above Ground Points
Level
(inches)
2 - <4 in. 1
>4 - <8 in 2
8 - <12 in. 4
12 in. or greater 8
Adjacent to other water bodies, tributary streams, and wetlands a “well
distributed stand of trees” is defined as maintaining a minimum rating score of
16 per 25-foot by 50-foot rectangular area.
The following shall govern in applying this point system:
1.
The 25-foot by
50-foot rectangular plots must be established where the landowner or lessee
proposes clearing within the required buffer.
2.
Each successive
plot must be adjacent to, but not overlap a previous plot.
3.
Any plot not
containing the required points must have no vegetation removed except as
otherwise allowed by this Ordinance.
4.
Any plot
containing the required points may have vegetation removed down to the minimum
points required or as otherwise allowed by this Ordinance.
5.
Where conditions
permit, not more than fifty (50) percent of the points on any 25-foot by
50-foot rectangular area may consist of trees greater than twelve (12) inches
in diameter.
For the purposes of Section 8.W.2.B., “other natural vegetation” is
defined as retaining existing vegetation under three (3) feet in height and
other ground cover and retaining at least five (5) saplings less than two (2)
inches in diameter at four and one half (4 ˝) feet above ground level for each
25-foot by 50-foot rectangular area. If
five saplings do not exist, no woody stems less than two (2) inches in diameter
can be removed until five (5) saplings have been recruited into the plot.
Notwithstanding the above provisions, no more than forty (40) percent
of the total volume of trees four (4) inches or more in diameter, measured at 4
˝ feet above ground level may be removed in any ten (10) year period.
C. In order to protect water quality and wildlife
habitat, existing vegetation under three (3) feet in height and other ground
cover, including leaf litter and forest duff layer, shall not be cut, covered,
or removed, except to provide for a footpath or other permitted uses as
described in Section 8.W.2 and Section 8.W.2.A above.
D. Pruning of tree branches, on the bottom one third of
the tree is allowed.
E. In order to maintain a buffer strip of vegetation,
when the removal of storm damaged, diseased, unsafe, or dead trees results in
the creation of cleared openings, these openings shall be re-planted with
native tree species unless existing new tree growth is present.
Section 8.W.2 does not apply to those portions of public recreational
facilities adjacent to public swimming areas as long as cleared areas are
limited to the minimum area necessary.
8.W.3. At
distances greater than one hundred (100) feet, horizontal distance, from a
great pond or river, and seventy-five (57) feet, horizontal distance, from the
normal high water line of any other water body, tributary stream or the upland
edge of a wetland, there shall be allowed on any lot, in any ten (10) year
period, selective cutting of nor more than forty (40) percent of the volume of
trees four (4) inches or more in diameter, measure 4 ˝ feet above ground
level. Tree removal in conjunction with
the development of permitted uses shall be included in the forty (40) percent
calculation. For the purposes of these
standards, volume may be considered to be equivalent to basal area.
In no
event shall clear openings for any purpose including, but not limited to,
principle and accessory structures, driveways, lawns and sewage disposal areas,
exceed in the aggregate, twenty-five (25) percent of the lot area within the
Shoreland Zone or ten thousand (10,000) square feet, whichever is greater,
including land previously cleared.
8.W.4. Legally
existing non-conforming cleared openings may be maintained, but shall not be
enlarged, except as allowed in this Ordinance.
8.W.5. Fields
and other cleared openings which have reverted to primarily shrubs, trees, or
other woody vegetation shall be regulated under the provisions of Section 8.W.
8.X. Erosion and Sedimentation Control – Shoreland
Zone
8.X.1. All activities
which involve filling, grading, excavations, or other similar activities which
result in unstabilized soil conditions and which require a permit, shall also
require a written Soil Erosion and Sedimentation Control Plan. The plan shall be submitted to the permitting
authority for approval and shall include, where applicable, provisions for:
A. Mulching and
re-vegetation of disturbed soil.
B. Temporary
runoff control features such as hay bales, silt fencing or diversion ditches.
C. Permanent
stabilization structures such a retaining wall or rip rap.
8.X.2. In order
to create the least potential for erosion, development shall be designed to fit
with the topography and soils of the site.
Areas of steep slopes where high cuts and fills may be required shall be
avoided wherever possible, and natural contours shall be followed as closely as
possible.
Erosion
and sedimentation control measures shall apply to all aspects of the proposed
project involving land disturbance, and shall be in operation during all stages
of the activity. The amount of exposed
soil at every phase of construction shall be minimized to reduce the potential
for erosion.
8.X.3. Any
exposed ground area shall be temporarily or permanently stabilized with one (1)
week from the time it was last actively worked, by use of rip rap, sod, seed,
and mulch, or other effective measures.
In all cases permanent stabilization shall occur within nine (9) months
of the initial date of exposure. In
addition:
A. Where mulch
is used, it shall be applied at a rate of at least one (1) bale per five
hundred (500) square feet and shall be maintained until a catch of vegetation
is established.
B. Anchoring
the mulch with netting, peg and twine or other suitable method may be required
to maintain the mulch cover.
C. Additional
measures shall be taken where necessary in order to avoid siltation into the
water. Such measures may include the use
of staked hay bales and silt fences.
8.Y. Soils – Shoreland Zone
All land uses shall be located on soils in or upon which the proposed
uses or structures can be established or maintained without causing adverse
environmental impacts, including severe erosion, mass soil movement, improper
drainage, and water pollution, whether during or after construction. Proposed uses requiring subsurface waste
disposal, and commercial or industrial development and other similar intensive
land uses, shall require a soils report based on an on-site investigation and
be prepared by State certified professionals.
Certified persons my include Maine Certified Soil Scientists, Maine
Registered Professional Engineers, Maine State Certified Geologists and other
persons who have training and experience in the recognition and evaluation of
soil properties. The report shall be
based upon the analysis of the characteristics of the soil and surrounding land
and water areas, maximum ground water elevation, presence of ledge, drainage
conditions, and other pertinent data which the evaluator deems
appropriate. The soils report shall
include recommendations for a proposed use to counteract soil limitations where
they exist.
8.Z. Water Quality – Shoreland Zone
No
activity shall deposit on or into the ground or discharge to the waters of the
State any pollutant that, by itself or in combination with other activities or
will impair designated uses or the water classification of the water body,
tributary stream or wetland.
8.Z.A. Archaeological Sites – Shoreland Zone
Any
proposed land use activity involving structural development or soil disturbance
on or adjacent to sites listed on, or eligible to be listed on the National
Register of Historic Places, as determined by the permitting authority shall be
submitted by the applicant to the Maine Historic Preservation Commission for
review and comment, at least twenty (20) days prior to action being taken by
the permitting authority. The permitting
authority shall consider comments received from the Commission prior to
rendering a decision on the application
8.Z.B. Single Family Residential Structures – Shoreland
Zone
The
Planning Board may approve a permit for a single family residential structure
in a Resource Conservation District provided that the applicant demonstrates
that all of the following conditions are met:
A. There is no location on the property, other than a
location within the Resource Conservation District, where the structure can be
built.
B. The lot on which the structure is proposed us
undeveloped and was established and recorded in the Registry of Deeds of the
County in which the lot is located before the adoption of the Resource
Conservation District.
C. All proposed buildings, sewage disposal systems and
other improvements are:
1.
Located on
natural ground slopes of less then twenty (20) percent; and
2.
Located outside
the floodway of the 100 year flood plain along rivers and artificially formed
great ponds along rivers and outside the velocity zone in areas subject to
tides, based on detailed flood insurance studies and as delineated on the
Federal Emergency Management Agency’s Flood Boundary and Floodway Maps and
Flood Insurance Rate Maps; all buildings, including basements, are elevated at
least one (1) foot above the 100 year flood plain elevation; and the
development is otherwise in compliance with any applicable municipal flood plan
ordinance.
If the floodway is not shown on the Federal Emergency Management Agency
Maps, it is deemed to the one half (1/2) the width of the 100 year flood plain.
D. The total ground floor area, including cantilevered or
similar overhanging extensions, of all principle and accessory structures is
limited to a maximum of fifteen hundred (1,500) square feet. This limitation shall not be altered by
variance.
E. All structures, except functionally water dependent
structures, are set back from the normal high water line of a water body,
tributary stream or upland edge of a wetland to the greatest practical extent,
but not less than seventy-five (75) feet, horizontal distance. In determining the greatest practical extent,
the Planning Board shall consider the depth of the lot, the slope of the land,
the potential for soil erosion, the type and amount of vegetation to be
removed, the proposed building site’s elevation in regard to the flood plain,
and its proximity to moderate value and high value wetlands.
8.Z.C. Storm Water Runoff – Shoreland Zone
A. All new
construction and development shall be designed to minimize storm water runoff
from the site in excess of the natural pre-development conditions. Where possible, existing natural runoff
control features, such as berms, swales, terraces, and wooded areas, shall be
retained in order to reduce runoff and encourage infiltration of storm waters.
B. Storm water
runoff control systems shall be maintained as necessary to ensure proper
functioning.
8.Z.D. Septic Waste Disposal – Shoreland Zone
All subsurface sewage disposal systems shall be installed in
conformance with the State of
A. Clearing or removal of woody vegetation necessary to
site a new system and any associated fill extensions, shall not extend closer
than seventy-five (75) feet, horizontal distance, from the normal high water
line of a water body or the upland edge of a wetland.
B. A holding tank is not allowed for a first time
residential use in the Shoreland Zone.
Article
9. Aquifer Protection Zone
9.A. Purpose
In order to
provide for the protection and conservation of the quality and quantity of groundwater,
in accordance with the provisions of 30-A M.R.S.A. § 3001 and 38 M.R.S.A. § 401, an Aquifer Protection Zone is
hereby created.
9.B. Scope
This zone
applies to any structure or use extending to within three hundred (300) feet of
a mapped 50+ GPM sand and gravel aquifer.
9.C. Nature and
Effect
The Aquifer
Protection Zone shall overlay the existing districts created by this Ordinance,
and its terms shall supersede any requirements of said underlying districts,
unless the underlying requirements are more restrictive than those set forth
here, in which case the more restrictive shall govern.
9.D. Establishment
of Districts
The Aquifer
Protection Zone shall be divided into the following districts:
9.D.1. Rural
The Rural
District includes those areas in the Rural District (as described in Article 4.C of this Ordinance) that are also in the Aquifer Protection Zone.
9.D.2. Commercial
The Commercial
District includes those areas in the Commercial District (as described in Article
4.C of this Ordinance) that are also in the Aquifer Protection Zone.
9.E. Non-Conformance
The Non-Conformance
provisions of Article 5 of this Ordinance shall apply in the Aquifer Protection
Zone, as well as the following additional limitations on the expansion of non-conforming
structures and uses:
9.E.A.
A
non-conforming structure, including a driveway, parking lot, or any other
structure with an impervious surface may be expanded only if the total area of
all structures, parking lots and other impervious surfaces on the same lot
after the proposed expansion will not exceed those set in the Dimensional
Requirements Table.
9.E.B. Change of Use of a Non-Conforming Structure:
The use of a
non-conforming structure may not be changed to another use unless the Planning
Board, after receiving a written application, determines that the new use will
have no greater adverse impact on the sand and gravel aquifer than the existing
use.
In determining
whether greater adverse impact will occur, the Planning Board shall require
written documentation from the applicant regarding the probable effects on
public health and safety, which shall include, but may not be limited to, a
hydrogeological survey demonstrating that the sand and gravel aquifer will not
be more adversely impacted by the proposed use than by the existing use.
9.F. Land Uses
All land use activities,
as indicated in the Land Use Table, shall conform to all of the applicable land
use standards. The district designation
for a particular site shall be determined from the Official Zoning Map of the
Town of
9.G. Land Use
Standards
All land use
activities within the Aquifer Protection Zone shall conform to the following provisions,
if applicable.
9.G.A.
Minimum
9.G.A.1 Minimum
9.G.A.2 If more than one residential dwelling unit
or more than one principal commercial light structure is constructed on a
single parcel, all dimensional requirements shall be met for each additional
dwelling unit or principal structure.
9.H. Requirement of
Hydrogeological Study
Development
activities are permitted within the Aquifer Protection Zone provided a
hydrogeological study has been conducted and accepted by the Planning Board, demonstrating
that the sand and gravel aquifer will not be adversely impacted by the
development.
9.I.
9.I.A. The total area of any new structure permitted
in the Aquifer Protection Rural District, including paved areas and other impervious
surfaces, shall not exceed ten (10) percent of any lot, or portion thereof,
located within the Aquifer Protection District.
9.I.B. The total area of any new structure permitted
in the Aquifer Protection Commercial District, including paved areas and other impervious
surfaces, shall not exceed fifteen (15) percent of any lot, or portion thereof,
located within the Aquifer Protection District.
9.J. Uses Involving
Hazardous or Special Waste Materials Prohibited
The following
new uses are prohibited within the Aquifer Protection Zone:
9.J.1. Automobile graveyards.
9.J.2. Automobile washing facilities.
9.J.3. Automobile or other vehicle service and/or
repair operations, including body shops.
9.J.4. Chemical and bacteriological laboratories.
9.J.5. Storage of chemicals, including herbicides,
pesticides or fertilizers other than in amounts normally associated with
individual households or farms.
9.J.6. Commercial painting, wood preserving, and
furniture stripping.
9.J.7. Dry cleaning establishments.
9.J.8. Electronic circuit assembly.
9.J.9. Junk yards.
9.J.10. Laundromats, unless connected to a sanitary
sewer.
9.J.11. Metal plating, finishing or polishing.
9.J.12. Petroleum or petroleum product storage and/or
sale except storage on same property as use occurs.
9.J.13. Photographic processing.
9.J.14. Printing.
9.J.15. Salt storage.
9.J.16. Waste disposal.
9.J.17. Other uses which involve hazardous or special
waste materials, including petroleum and petroleum products.
9.K. Soils
9.K.A. All land uses shall be located on soils in or
upon which the proposed uses or structures can be established or maintained
without causing adverse environmental impacts, including severe erosion, mass
soil movement, improper drainage, water pollution, and aquifer contamination,
whether during or after construction.
9.K.B. Proposed uses requiring subsurface waste
disposal, and commercial development and other similar intensive land uses,
shall require a soils report based on an on-site investigation and be prepared
by state-certified professionals. Certified persons may include Maine Certified
Soil Scientists, Maine Registered Professional Engineers, Maine State Certified
Geologists and other persons who have training and experience in the
recognition and evaluation of soil properties.
9.K.C. The report shall be based upon
9.K.C.1. The analysis of the characteristics of the
soil and surrounding land and water areas (including subsurface aquifers).
9.K.C.2. Maximum ground water elevation.
9.K.C.3. Presence of ledge.
9.K.C.4. Drainage conditions, and
9.K.C.5. Other pertinent data which the evaluator deems
appropriate.
9.K.C.6. The soils report shall include recommendations
for a proposed use to counteract soil limitations where they exist.
9.L. Performance
Standards
9.
9.L.A.1. All spreading or disposal of manure shall be
accomplished in conformance with the
Sludge
Disposal on Land published
by the
9.L.A.2 No new facilities for the storage or stockpiling
of manure shall begin operation within the Aquifer Protection Zone after the
effective date of this Ordinance without a Planning Board permit. Any application
for such a permit shall be accompanied by a hydrogeological survey
demonstrating that the sand and gravel aquifer will not be adversely impacted
by the proposed facility. All manure storage areas within the Aquifer
Protection Zone must be constructed or modified such that they produce no
discharge of effluent or contaminated storm water. Existing facilities which do
not meet this requirement may remain in operation after the date of this
Ordinance, but must meet the no-discharge provision within the above five (5)
year period.
9.L.A.3 Agricultural activities involving tillage of
soil greater than forty thousand (40,000) square feet in surface area, or the
spreading, disposal or storage of manure within the Aquifer Protection Zone shall
require a Soil and Water Conservation Plan to be filed with the Planning Board.
Non-conformance with the provisions of the required plan shall be considered to
be a violation of this Ordinance.
9.L.A.4 After the effective date of this Ordinance,
newly established livestock grazing areas shall not be permitted within the
Aquifer Protection Zone except with a Planning Board permit. Livestock grazing
associated with ongoing farm activities, and which is not in conformance with
the above provisions may continue, provided that such grazing is conducted in accordance
with a Soil and Water Conservation Plan filed with the Planning Board.
9.M. Timber Harvesting
9.M.1 Selective cutting of no more than forty (40)
percent of the total volume of trees four (4) inches or more in diameter
measured at 4 1/2 feet above ground level on any lot in any ten (10) year
period is permitted within the Aquifer Protection Zone. In addition:
9.M.1.A. Within the Rural District in the Aquifer
Protection Zone, there shall be no clear cut openings, and a well-distributed
stand of trees and other vegetation, including existing ground cover, shall be
maintained.
9.M.1.B. Within the Commercial District in the Aquifer
Protection Zone, harvesting operations shall not create single clear cut
openings greater than ten thousand (10,000) square feet in the forest canopy. Where
such openings exceed five thousand (5000) square feet they shall be at least
one hundred (100) feet apart. Such clear
cut openings shall be included in the calculation of total volume removal. For
the purposes of these standards volume may be considered to be equivalent to
basal area.
9.M.1.C. Slash shall either be removed or disposed of
in such a manner that it lies on the ground and no part thereof extends more
than four (4) feet above the ground. Burning of slash is prohibited.
9.N. Clearing of
Vegetation for Development
9.N.1 Except to allow for the development of
permitted uses, within a the Rural District in the Aquifer Protection Zone,
there shall be no cleared opening greater than 250 square feet in the forest
canopy as measured from the outer limits of the tree crown Selective cutting of
trees is permitted provided that a well distributed stand of trees and other
vegetation is maintained. For the purposes of this section a
"well-distributed stand of trees and other vegetation" shall be defined
as maintaining a rating score of twelve (12) or more in any 25-foot by 25-foot
square (625 square feet) area as determined by the following rating system.
Diameter
of Tree Points
at 4 ˝ feet
Above
Ground Level
(inches)
2 – 4 in. 1
>4 – 12
in 2
>12 in.
4
9.N.2 Thus, if a 25-foot by 25-foot plot in the
Rural District within the Aquifer Protection Zone contains trees worth a total
of twenty (20) points, trees worth a total of eight (8) points may be removed
from the plot (20 – 8 = 12), provided that no cleared openings are created.
Notwithstanding
the above provisions, no more than forty (40) percent of the total volume of
trees four (4) inches or more in diameter, measured at 4 1/2 feet above ground
level may be removed in any ten (10) year period.
9.N.3 Except to allow for the development of
permitted uses, within the Commercial District in the Aquifer Protection Zone,
there shall be permitted on any lot, in any ten (10) year period, selective
cutting of not more than forty (40) percent of the volume of trees four (4) inches
or more in diameter, measured 4 1/2 feet above ground level. Tree removal in conjunction with the
development of permitted uses shall be included in the forty (40) percent
calculation. For the purposes of these standards volume may be considered to be
equivalent to basal area.
In no event
shall cleared openings for development, including but not limited to principal
and accessory structures, driveways and sewage disposal areas, exceed in the
aggregate, twenty-five (25) percent of the lot area or ten thousand (10,000)
square feet, whichever is greater, including land previously developed. This
provision shall not apply to the Commercial District.
9.N.4 Cleared openings legally in existence on the
effective date of this Ordinance may be maintained, but shall not be enlarged,
except as permitted by this Ordinance.
9.N.5 Fields which have reverted to primarily shrubs,
trees, or other woody vegetation shall be regulated under the provisions of
this section.
Article
10. Endangered Species and Critical
Overlays Zone
10.1 Purpose
In order to
provide for the protection and conservation of endangered plant and animal species
and wildlife and fisheries habitat, an Endangered Species and Critical Areas
Zone is hereby created.
10.2. Scope
This Zone
applies to any structure or use extending into any area mapped by the
State
Department of Inland Fisheries and Wildlife as:
10.2.A. Habitat for species appearing on the
official state or federal list of endangered or threatened species;
10.2.B. High and moderate value waterfowl and wading
bird habitats, including nesting and feeding areas;
10.2.C. Shorebird nesting, feeding and staging areas;
10.2.D. Critical spawning and nursery areas for
Atlantic sea run salmon, as defined by the Atlantic Sea Run Salmon Commission;
or
10.2.E. High or moderate deer wintering areas.
10.3. Nature and
Effect
The Endangered
Species and Critical Areas Zone shall overlay the existing districts created by
this Ordinance, and its terms shall supersede any requirements of said underlying
districts, unless the underlying requirements are more restrictive than those set
forth here, in which case the more restrictive shall govern.
10.4.
Non-Conformance
The Non-Conformance
provisions of Article 5 of this Ordinance shall apply in the Endangered Species
and Critical Area Zone. In addition, the use of a non-conforming structure may
not be changed to another use on land within the Endangered Species and
Critical Area
Zone unless the Planning Board, after receiving a written application, determines
that the new use will have no greater adverse impact on the habitat and species
the land supports than does the existing use.
In determining
whether greater adverse impact will occur, the Planning Board shall require
from the applicant written documentation, which may include a report prepared by
a wildlife biologist, regarding the probable effects of the proposed change in
use on significant habitat and species.
10.5. Land Use and
Performance Standards
All new
structures and uses extending into the Endangered Species and Critical Areas
Zone, with the
exception of non-intensive recreational uses, shall require a Conditional Use Permit.
The Planning Board shall not issue a permit for any such new building or use
unless, after receiving a written application, it determines that the proposed
building or use will have no adverse impact on the habitat and species that
have caused the land to be included within the Endangered Species and Critical
Areas Zone.
In determining
whether adverse impact will occur, the Planning Board may require from the
applicant written documentation, which may include a report prepared by a
wildlife biologist, regarding the probable effects of the proposed building or
use on significant habitat and species. The requirements of this section shall
be in addition to, and not instead of, the requirements of Article 6 of this
Ordinance, governing Conditional Use Permits.
Article
11. Performance Standards -- General Requirements
THE
FOLLOWING STANDARDS SHALL APPLY TO ALL USES, BOTH CONDITIONAL AND PERMITTED, AS
APPROPRIATE IN THE VARIOUS DISTRICTS.
11.A. Access to Lots
11.A.1. Year-round
Lots
11.A.1.A. No building permit shall be issued to erect
any structure on a lot without frontage on a public way unless an access road
meeting the following criteria has been constructed within a deeded
right-of-way, a minimum of thirty (30) feet in width.
11.A.1.B. The access road shall be constructed to a
minimum width of fifteen (15) feet if serving one to two dwelling units.
11.A.1.C. The access road shall contain a minimum
depth of fifteen (15) inches of 6”
minus gravel and have drainage ditches and culverts a minimum size of fifteen
(15) inches at all appropriate points.
11.A.1.D. Such an access road shall serve no more than
two dwelling units.
11.A.1.E. Any access road serving three or more
dwelling units shall meet the road design and construction standards applicable
to new private roads (see Article 11.J.)
11.A.1.F. The costs of road construction or improvements
shall be the responsibility of the applicants and/or person(s) requesting the building
permit.
11.A.1.G. All street construction must meet best
management practices.
11.A.2 Seasonal Lots
11.A.2.A. The access road shall be constructed to a
minimum width of fifteen (15) feet if serving one to two dwelling units.
11.A.2.B. The access road shall contain a minimum
depth of seven (7) inches of 6” minus gravel and have drainage ditches and
culverts a minimum size of twelve (12) inches at all appropriate points.
11.A.2.C. Such an access road shall serve only
seasonal dwelling units.
11.A.2.D. The costs of street construction or
improvements shall be the responsibility of the applicant(s) and/or person(s)
requesting the building permit.
11.A.3. No
building permit shall be issued to erect a structure which is located more than
one hundred (100) feet from a public or private road unless an access road
meeting the construction standards of Article 11.A.1. has been constructed.
11.B. Air Emissions
for Commercial/Industrial Uses Only
No emission of
dust, ash, smoke or other particulate matter which can cause damage to human or
animal health, vegetation, or property by reason of concentration or toxicity,
which can cause soiling beyond the property boundaries, or which is composed of
solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot
of the conveying gas or air at the point of emission from a chimney stack is
permitted. The emission of non-farming, odorous matter in such quantities, as
determined by the Code Enforcement Officer, to be offensive at the lot
boundaries is prohibited.
11.C. Buffer Areas/Setbacks
for Commercial/Industrial Uses Only
No industrial
or commercial buildings or uses shall be established in, or abut, a residential
use, unless a landscaped buffer strip is provided to screen the uses visually.
Where no natural vegetation can be maintained or due to varying site
conditions, the landscaping may consist of fences, walls, tree plantings,
hedges or combinations thereof.
The buffering
shall be sufficient to minimize the impacts of any kind of potential use such
as: loading and unloading operations, outdoor storage areas, vehicle parking,
mineral extraction, waste collection and disposal areas. Where a potential
safety hazard to small children would exist, physical screening/barriers shall
be used to deter entry to such premises.
The buffer
areas shall be maintained and vegetation replaced to insure continuous year
round screening.
11.D. Explosive
Materials for Commercial/Industrial Uses Only
No flammable or
explosive liquids, solids or gases shall be stored in bulk, excluding
residential type uses, unless they are located at least seventy-five (75) feet
from any lot line (in the case of above-ground storage), or forty (40) feet
from any lot line (in the case of underground storage), and all materials shall
be stored in a manner and location which is in compliance with applicable rules
and regulations of the Maine Department of Public Safety and all other
applicable federal, state, and local regulations.
11.E. Glare
Lighting may be
used to serve security, safety and operational needs, provided that it neither adversely
affects abutting properties, nor impairs the vision of motorists on adjacent
roadways. Lighting fixtures shall be
shielded or hooded so that the lighting elements are not exposed to normal view
by motorists, pedestrians, or from adjacent dwellings. Direct or indirect
illumination shall not exceed 0.5 foot-candles upon abutting residential
properties.
11.F. Landscaping
The landscape
shall be preserved in its natural state insofar as practical, by minimizing
tree removal and grade changes in keeping with the general appearance of
neighboring developed areas. Landscaping shall be designed to soften, screen,
or enhance the physical design of structures and parking areas to avoid the
encroachment of the proposed use on abutting land uses.
11.G. Noise
11.G.1. The maximum permissible sound pressure level
of any continuous, regular or frequent source of sound produced by any activity
shall be limited by the time period and land use district listed below. Sound
levels shall be measured at least four (4) feet above ground at the property
boundary.
Sound
Pressure Level
Limits
(Measured
in dB(a)
Scale)
All Other Districts
70 45
Commercial Districts 70 50
11.G.2. The levels specified may be exceeded by 10
dBA for a single fifteen (15) minute period per day. Noise shall be measured by a meter set on the
A-weighted response scale, slow response.
The meter shall meet the American National Standards Institute (ANSI S1.
4-1961) "American Standard Specification for General Purpose Sound Level
Meters".
11.G.3. No person shall engage in construction
activities, on a site abutting any residential use between the hours of
11.G.3.A. Sounds emanating from construction and
maintenance activities conducted between
11.G.3.B. Sounds emanating from safety signals, warning
devices, emergency pressure relief valves and other emergency activities.
11.G.3.C. Sounds emanating from traffic on public
transportation facilities
11.H. Off-Street
Parking and Loading
11.H.1. General
11.H.1.A. A permitted use in any district shall not be
extended, and no structure shall be constructed or enlarged, unless off-street
automobile parking space is provided in accordance with the following
requirements.
11.H.1.B. Parking areas with more than two (2) parking
spaces shall be arranged so that it is not necessary for vehicles to back into
the street.
11.H.1.C. Required off-street parking for all land uses
shall be located on the same lot as the principal building or facility.
11.H.1.D. The joint use of a parking facility by two or
more principal buildings or uses may be approved as an administrative appeal by
the Board of Appeals where it is clearly demonstrated that said parking
facilities would substantially meet the intent of the requirements by reason of
variation in the probable time of maximum use by patrons or employees of such
establishments.
11.H.1.E. Parking spaces shall be provided as required
and made available for use prior to the issuance of the Certificate of
Occupancy.
11.H.2. Additional
Requirements for Commercial and Industrial Establishments
11.H.2.A. Access points from a public road to commercial
and industrial operations shall be so located as to minimize traffic congestion
and to avoid generating traffic on local access streets of a primarily
residential character.
11.H.2.B. All parking areas, driveways and other areas
serving ten (10) or more vehicles shall be constructed at a minimum as
follows:
1. 15” minimum sub-base type D gravel;
2. 3” minimum base gravel type A gravel;
3. 2” MDOT type B or 19 millimeter super
pave binder course;
4. 1” MDOT type C or 9.5 millimeter super
pave wearing course;
5. shall have appropriate bumper or wheel guards
where needed.
11.H.2.C. All driveway entrances and exits shall be kept
free from visual obstructions higher than three (3) feet above street level for
a distance of twenty-five (25) feet measured along the intersecting driveway
and street lines in order to provide visibility for entering and leaving
vehicles.
11.H.2.D. Loading facilities shall be located entirely
on the same lot as the building or use to be served so that trucks, trailers,
and containers for loading or storage should not be located upon any Town way.
11.H.2.E. The following minimum off-street loading bays
or berths shall be provided and maintained in the case of new construction,
alterations, and changes of use:
11.H.2.E.1
Retail, office, consumer services,
wholesale, warehouse and industrial operations with a gross floor area of more
than 5,000 square feet require the following:
5,001 to
20,000 sq. ft. 1 bay
20,001 to
50,000 sq. ft. 2 bays
50,001 to
100,000 sq. ft. 3 bays
100,001 to
150,000 sq. ft. 4 bays
150,001 to
300,000 sq. ft. 5 bays
11.H.2.E.2
Each 150,000 square feet over 300,000
square feet requires one (1) additional bay.
Loading docks
should not be on any street frontage.
11. H.2.F.
Off-street parking and loading
spaces, where not enclosed within a building, shall be effectively screened
from view by a continuous landscaped area not less than six feet in height and
fifteen feet in width along exterior lot lines adjacent to residential
properties, except that driveways shall be kept open to provide visibility for
entering and leaving.
11.H.3. Parking
Lot Design Criteria (Not applicable to single family dwellings and duplexes)
11.H.3.A. Vehicular
Entrance and Exit
11.H.3.A.1 Entrances
and exits should be clearly identified by the use of signs, curb cuts, and
landscaping.
11.H.3.A.2
Entrance/exit design shall be in conformance
with the standards of Article ll.H.2.
11.H.3.B.
Interior Vehicular Circulation
11.H.3.B.1
Major interior travel lanes should be
designed to allow continuous and uninterrupted traffic movement.
11.H.3.B.2
Enclosures, such as guard rails,
curbs, fences, walls, and landscaping, should be used to identify circulation
patterns of parking areas and to restrict driving movements diagonally across parking
aisles, but not to reduce visibility of oncoming pedestrians and vehicles.
11.H.3.B.3
Entrance/exits shall be designed to
allow adequate stacking of vehicles without blocking interior vehicle
circulation lanes.
11.H.3.C. Landscaping
11.H.3.C.1. All parking lots shall be landscaped along
the property boundaries with shrubbery, trees and other landscape
materials. Large parking lots shall
provide a 2 ˝” caliper shade tree per twenty (20) parking spaces (six (6) trees
per acre) located at representative points throughout the lot.
11.H.3.D. Parking
11.H.3.D.1
Access to parking spaces should not be
from major interior travel lanes, and shall not be immediately accessible from
any public way.
11.H.3.D.2
Parking areas shall be designed to
permit each motor vehicle to proceed to and from the parking space provided for
it without requiring the moving of any other motor vehicles.
11.H.3.D.3
Parking aisles should be oriented
perpendicular to stores or businesses for easy pedestrian access and
visibility.
11.H.3.D.4
All parking spaces and access drives
shall be at least five (5) feet from any side or rear lot line, except for the
additional requirements in buffer yards.
11.H.3.D.5
Parking spaces and aisle layout shall
conform to the following standards.
11.H.3.D.6
In paved parking areas painted stripes
shall be used to delineate parking spaces. Stripes should be a minimum of
4" in width. Where double lines are used, they should be separated a
minimum of 1' 0" on center.
11.H.3.D.7
In aisles utilizing diagonal parking,
arrows should be painted on the pavement to indicate proper traffic flow.
11.H.3.D.8
Bumpers and/or wheel stops shall be
provided where overhang of parked cars might restrict traffic flow on adjacent
through roads, restrict pedestrian movement on adjacent walkways, or damage landscape
materials.
11.H.3.D.9
Parking spaces shall be provided to
conform with the number required in the following schedule:
PARKING SPACES
Activity Minimum Required Parking
Activity Minimum Required Parking
Residential 2 or more bedrooms 2
spaces per dwelling unit
1 bedroom 1.5
spaces per dwelling unit
Elderly
Housing 1
space per dwelling unit
Tourist
home boarding, lodging house, 1
space per room/unit rental and
motel, hotel, inn for each
employee on the largest shift
Church 1
space per three seats based upon max. seating capacity
Public and Private Schools 1.5
spaces per classroom
Secondary
– 8
spaces per classroom
Post-Secondary
- 1
space for each student and 1 space for each faculty and staff member
Child care
facility 1 space for
every 4 children facility is
licensed to
care for.
Private
Clubs or Lodges 1
space per every seventy-five (75) square feet of floor space.
Theater,
Auditorium, Public Assembly 1
space per 3 seats based upon max..
Areas seating
capacity.
Funeral
Homes 1
space for every 100 square feet of floor space.
Medical
Care Facilities 1
space for every three beds and every two employees on the max. working shift.
Offices,
Banks 1
space for every 150 square feet of floor
space.
Medical
Offices (MD’s, OD’s, dentists) 10
spaces for each doctor, dentist, or other
medical
practitioner.
Veterinarian
clinic, kennel 5
spaces/veterinarian
Retail and
Service Businesses 1
space for every 150 sq. ft. of floor space.
Barber/Beauty
Shop 4
spaces/chair
Restaurant
1
space per three seats based upon max.
seating
capacity.
Industrial
Businesses 1
space/employee on the maximum
working shift.
Warehouse,
wholesale 1
space/500 sq. ft. floor area business
Flea
Market 3
spaces/table
Mixed Use Total
of individual uses.
Automobile
repair garages and gasoline 5
spaces for each bay or area used for
filling
stations repair
work.
Library,
museum, art gallery 1
space for each 150 sq. ft. of floor space.
Commercial
recreation facility 1
space for each 100 sq. ft. of fitness
space floor
area.
Motor
vehicle sales 1
space reserved for customers per
thirty vehicles
displayed on the lot.
NOTES
1 Where the calculation of the aforementioned parking spaces results
in a fractional part of a complete parking space, the parking spaces required
shall be construed to be the next highest number.
2 The above are minimum standards, and additional parking spaces
shall be required if these prove to be inadequate.
3 Where floor space is to be used in calculating the number of required
parking spaces, gross floor area shall be used unless otherwise noted.
11.I. Refuse
Disposal/Commercial-Industrial
The applicant
shall provide for the disposal of all solid and liquid wastes on a timely basis
and in an environmentally safe manner. The Planning Board shall consider the
impact of particular industrial or chemical wastes or by-products upon the
town's facilities (in terms of volume, flammability or toxicity) and may
require the applicant to dispose of such wastes elsewhere, in conformance with
all applicable State and Federal regulations. The Planning Board may require
the applicant to specify the amount and exact nature of all industrial or
chemical wastes to be generated by the proposed operation.
11.J. Street
Construction
11.J.1. Private roads constructed after the
effective date of this Ordinance to provide access to permitted uses in all
zones shall meet or exceed the Town's road construction standards for slope, preparation,
sub-base, and base (as specified in the Town's Subdivision Rules and Regulations
standards).
11.J.2. Slopes may not exceed fifteen percent (15%)
for segments over one hundred (100) feet in length. Streets which must exceed this limit shall be
designed by a professional engineer.
11.J.3. Compliance with the requirements of this section,
or of any other part of this Ordinance, will not entitle any builder, owner, or
user of any road to have the road accepted or maintained by the Town of
11.J.4. Discontinued roads, abandoned roads and
rights-of-ways that have historically served the District may be upgraded to
support approved uses and are exempt from slope requirements.
11.J.5. Routine maintenance of existing roads is
not considered road construction.
11.J.6. All street construction will be required to
follow best management practices.
11.K. Sanitary
Provisions
When two or
more lots or buildings in different ownership share a common subsurface
disposal system, the system shall be owned and maintained in common by an
Owners' Association. Covenants in the
deeds for each lot shall require mandatory membership in the Association and provide
for adequate funding of the association to assure proper maintenance of the
system.
11.L. Setbacks and
Screening
11.L.1. Exposed storage areas, exposed machinery,
sand and gravel extraction operations, and areas used for the storage or
collection of discarded automobiles, auto parts, metals or any other articles
of salvage or refuse, shall have sufficient setbacks and screening (such as a stockade
fence or a dense evergreen hedge six (6) feet or more in height) to provide a visual
buffer sufficient to minimize their impact on other land uses and properties in
the area.
11.L.2. Where a potential safety hazard to children
would be likely to arise, either from temporary or permanent activities,
provisions shall be undertaken to minimize physical hazards. This may also include and not limited to
physical screening sufficient to deter small children from entering the
premises shall be provided and maintained in good condition or as deemed by the
Code Enforcement Officer.
11.M. Signs
11.M.1. In the Residential Districts, only the following
signs shall be permitted:
11.M.1.A. Signs are permitted and may be used to
convey the inhabitants' names, the property name, and safety and caution
messages. Such signs shall not be placed on the roof of the building and shall
be no larger than four (4) square feet.
11.M.1.B. Rental vacancies may be advertised with a
non-illuminated sign no larger than four (4) square feet. Such sign shall be
erected only during such times as the rental property is vacant.
11.M.1.C. The sale of real estate may be advertised
by non-illuminated temporary signs, no larger than six (6) square feet in area.
Each broker or person advertising the sale shall be permitted only one (1) sign
on any premises. All such signs shall be removed upon the date of the closing
and transfer of the deed for the premises.
11.M.1.D. Educational and religious uses may display
one (1) sign for each building. No such sign shall be larger than twenty (20)
square feet in area.
11.M.1.E. Other non-residential uses may display one (1)
non-illuminated sign, not exceeding twenty (20) square feet in area.
11. M.2. In the Commercial Zones, only the following
signs shall be permitted:
11.M.2.A. Signs shall relate to the premises on which
they are located and shall only identify the occupant of such premises or
advertise the service available within said premises. There shall be no
temporary promotion signs, banners, streamers or placards erected, suspended,
posted or affixed in any manner outdoors or on the building exterior of
premises except as provided in this Ordinance.
11.M.2.B Product advertising is prohibited except
where the product is generic to the business.
11 M.2.C. Free standing business signs shall be
permitted in connection with any legal business or industry and shall meet the
following requirements:
11.M.2.C.1
Setback from the center of the road
shall be a minimum of thirty-three (33) feet.
11.M.2.C.2
A free-standing sign shall not impair a
driver’s normal sight distance.
11.M.2.C.3
All signs shall be maintained in good
condition and repair.
11.M.2.C.4
Maximum height for business signs shall
not exceed fifteen (15) feet.
11.M.2.C.5
For individual business establishments
a maximum of one (1) double sided sign shall be permitted. Total sign area for
double sided sign (2 exposed faces) shall not exceed fifty (50) square feet, single sided sign (1 exposed face) shall
not exceed twenty-five (25) square feet.
11.M.2.C.6
For multi-establishment businesses,
such as shopping centers or office complexes, a maximum of one (1) directory
sign with the total of two exposed faces not to exceed seventy-five (75) square
feet in size, plus one (1) identification sign for each business within the complex
not to exceed twenty-four (24) square feet in size shall be permitted on the
directory sign.
11.M.2.D. On each premises there is permitted one (1)
sign attached to the building for each occupant.
11.M.2.D.1
If attached to the structure by way of
a frame or bracket, which overhangs a pedestrian walkway or public sidewalk, it
shall not extend beyond five (5) feet of the structure face to which attached
and have a vertical height clearance between the sign bottom and/or sidewalk/pedestrian
walkway of ten (10) feet.
11.M.2.D.2
If the proposed sign is to be attached
to the structure surface without the use of overhanging frames or brackets, the
"wall sign" shall not extend or project more than twelve (12) inches
from the structure surface. Cut out letters should not project more than six
(6) inches from the building wall.
11.M.2.D.3
No sign shall be permitted on the roof
of any building.
11.M.2.D.4
Signs posted within a window shall not
cover more than thirty (30) percent of the window area.
11.M.3. Illumination
of Signs
11.M.E.1 No sign shall be illuminated with
flashing, moving, or animated type lights.
11.M.E.2 Illuminated signs shall be illuminated
only with white light.
11.M.E.3 All internally illuminated signs shall
have a dark background with light lettering or figures, to reduce glare.
11.M.4.
The above regulations shall not apply to the following:
11.M.4.1 Flags and insignia of any government.
11.M.4.2 Legal notices, identification,
information, or directional signs erected or required by governmental bodies.
11.M.4.3 Integral decorative or architectural
features of buildings except letters, trade marks, moving parts, or moving or
flashing lights.
11.M.4.4 Signs directed and guiding traffic and
parking on private property, but bearing no advertising matter or commercial
identification.
11.M.4.A. Temporary signs for special events may be
posted in any district upon written permit from the Code Enforcement Officer.
The Code Enforcement Officer shall only grant such a permit after presentation
of evidence that the authorities controlling the proposed location of the sign
have approved its posting. A temporary
sign shall be posted for a period not to exceed twenty (20) days. The applicant shall remove said
signs upon termination of the permit. Street
banners shall be no larger than fifty (50) square feet in area. No temporary sign, other than a street banner,
shall be larger than six (6) square feet in area. Permits for hanging street
banners across the public way shall be issued only upon assumption of complete
liability in writing by the person, firm or corporation hanging the banner for
any damage resulting from the placement of said banner. Such liability shall be
acknowledged upon the application for the permit.
11.M.4.B. Existing non-conforming signs shall be
removed within one (1) year of the effective date of this Ordinance.
11.N. Soils
All land uses
shall be located on soils in or upon which the proposed uses or structures can
be established or maintained without causing adverse environmental impacts,
including severe erosion, mass soil movement, improper drainage, and water
pollution, whether during or after construction. Proposed uses requiring subsurface waste
disposal, and commercial or industrial development and other similar intensive
land uses shall require a soils report based on an on-site investigation and
prepared by a Maine Certified Soil Scientist.
11.O. Soil Erosion Control
Erosion of soil
and sedimentation of watercourses and water bodies shall be minimized by the following
erosion control management practices:
11.O.1. The stripping of vegetation, removal of soil,
re-grading or other development of the site shall be accomplished by limiting
the duration of exposure and area of the site to be disturbed. Dust control
methods shall be employed during dry conditions.
11.O.2. Temporary vegetation, mulching, and/or
siltation fabrics shall be used to protect critical areas during the
development. Sedimentation of run-off waters shall be trapped by debris basins,
silt traps, sediment basins or other methods determined acceptable by the town.
11.O.3. Permanent vegetation and/or other erosion
control measures should be installed prior to completion of the construction,
but no later than six months after completion of the construction.
11.O.4. The top or bottom of a cut or fill shall not
be closer than ten feet to a property line unless otherwise mutually agreed to
by the affected landowner and town but in no instance shall said cut or fill
exceed a 3:1 slope.
11.P. Storage of
Materials
All materials
stored outdoors shall be stored in such a manner as to prevent the breeding and
harboring of insects, rats or other vermin. This shall be accomplished by
enclosures in containers, raising materials above ground, separation of
material, prevention of stagnant water, extermination procedures or other
means.
11.Q. Storm Water
Management
11.Q.1. All new construction and development, whether
or not served by a storm water collection and transportation system, shall be
designed to reflect or resemble, as nearly as possible, natural runoff
conditions in terms of volume, velocity and location of runoff. If runoff after
development would exceed predevelopment runoff conditions, the off-site impact
must be evaluated in terms of potential soil erosion and sedimentation,
drainage capacity, and land use/land cover characteristics. Appropriate methods
of reducing off-site impact shall be employed.
11.Q.2. All development plans shall define
maintenance requirements and identify parties responsible for maintenance of
the storm water control system. When methods of reducing storm water impact are
necessary or desirable, storm water runoff control plans shall include:
11.Q.2.A. Control methods effective both during and
after construction.
11.Q.2.B. Control methods compatible with upstream and
downstream characteristics.
11.Q.2.C. Documentation by the designer that increasing
the volume and rate of runoff from the proposed development will not aggravate
conditions downstream or upstream.
11.Q.2.D. Provisions for on-site storage and gradual
discharge of excessive flows, or contribution toward increasing downstream
capacity (e.g. by enlarging existing culverts), when the channel downstream is
not able to accommodate the increased volume or rate of runoff created by the
proposed development.
11.Q.3. Consideration of the following factors:
11.Q.3.A. Impact: on-site, downstream, upstream and
basin-wide;
11.Q.3.B. Costs: initial, amortized, operation and
maintenance;
11.Q.3.C. Intensity of rainfall;
11.Q.3.D. Timing of rainfall: (e.g., falling of snow or
during the spring snow melt);
11.Q.3.E. Amount of precipitation in the basin during
the five (5) days preceding the storm in question;
11.Q.3.F. Hydrologic soil groups throughout the basin
(i.e., the soil's rate of water infiltration and transmission);
11.Q.3.G. Hydrologic conditions throughout the basin
(soil's moisture content, humus/organic content, temperature, and whether or not
it is frozen);
11.Q.3.H. Vegetative cover throughout the basin
(vegetation helps soil dry out after a rainfall, intercepts some precipitation
during the rainfall and slows down the flow of water over the land);
11.Q.3.I. Area of land covered by impervious surfaces
throughout the basin (roads, sidewalks, roofs, driveways, patios, etc.);
11.Q.3.J. Topography throughout the basin (slopes
affect the rate of runoff; marshland reduces peak discharge rate by slowing
down the rate of runoff);
11.Q.3.K. Size and shape of watershed (peak discharge
rates are slower in long, narrow watersheds).
11.Q.4. Storm water runoff systems should be designed
to facilitate aquifer recharge when it is advantageous to compensate for
groundwater withdrawals or reductions in infiltration. Conversely, designs should avoid recharge
where groundwater effects might be harmful.
Design of permanent storage facilities should consider safety,
appearance, recreational use, and cost and effectiveness of maintenance
operations, in addition to the primary storage function. Natural overland flows
and open drainage channel and swale locations should be the preferred
alignments for major components of a residential drainage system. The use of enclosed components (such as
underground piping) should be minimized where the existing natural systems are
able to accommodate storm runoff. Energy dissipaters (to reduce high flow
velocities) and other forms of outfall protection shall be employed where enclosed
drains discharge onto erodible soils.
11.R. Timber
Harvesting and
In addition to
the general provisions of Article 6.E. of this Ordinance governing Conditional
Use Permits, the following restrictions shall apply to Timber Harvesting and
Lot Clearing in the Resource Conservation District:
11.R.1. Timber
Harvesting:
Selective
cutting of no more than forty (40) percent of the total volume of trees four
(4) inches or more in diameter measured at 4 1/2 feet above ground level on any
lot in any ten (10) year period is permitted. In addition:
11.R.1.A. Slash shall either be removed or disposed of
in such a manner that it lies on the ground and no part thereof extends more
than four (4) feet above the ground.
11.R.1.B. Timber harvesting equipment shall not use
stream channels as travel routes except when:
11.R.1.B.1
Surface waters are frozen; and
11.R.1.B.2
The activity will not result in any
ground disturbance.
11.R.1.C. All crossings of flowing water shall require
a bridge or culvert, except in areas with low banks and channel beds which are
composed of gravel, rock or similar hard surface which would not be eroded or
otherwise damaged.
11.R.1.D. Skid trail approaches to water crossings
shall be located and designed so as to prevent water runoff from directly
entering any water body or tributary stream.
Upon completion of timber harvesting, temporary bridges and culverts
shall be removed and areas of exposed soil re-vegetated.
11.R.2. Clearing
of Vegetation for Development:
The clearing of
vegetation shall be limited to that which is necessary for uses expressly
authorized in the Resource Conservation District. All clearing shall be subject
to the following requirements for maximum cleared area and buffer strips:
11.R.2.A. There shall be no new cleared opening for a permitted
use greater than one hundred and twenty thousand (120,000) square feet in the
forest canopy as measured from the outer limits of the tree crown.
11.R.2.B. Selective cutting of trees outside the
maximum allowable cleared opening is permitted provided that a well distributed
stand of trees and other vegetation is maintained. For the purposes of this
section a "well-distributed stand of trees and other vegetation"
shall be defined as maintaining a rating score of twelve (12) or more in any
25-foot by 25-foot square (625 square feet) area as determined by the following
rating system:
Diameter of
Tree at 4 ˝
feet
Above Ground Level
(inches) Points
2-4 in. 1
>4-12
in. 2
>12 in.
4
Thus, if a
25-foot by 25-foot plot adjacent to a great pond contains trees worth a total
of twenty (20) points, trees worth a total of eight (8) points may be removed
from the plot (20 - 8 = 12), provided that no cleared openings are created.
Notwithstanding
the above provisions, no more than forty (40) percent of the total volume of trees
four (4) inches or more in diameter, measured at 4 1/2 feet above ground level
may be removed in any ten (10) year period.
11.R.2.C. Pruning of tree branches, on the bottom 1/3
of the tree is permitted.
11.R.2.D. In order to maintain a buffer strip of
vegetation when the removal of storm-damaged, diseased, unsafe, or dead trees
results in the creation of cleared openings, these openings shall be re-planted
with native tree species unless existing new tree growth is present.
11.R.2.E. In no event shall cleared openings for
development, including but not limited to, principal and accessory structures,
driveways and sewage disposal areas, exceed in the aggregate, twenty-five (25)
percent of the lot area or one hundred and twenty thousand (120,000) square
feet, whichever is greater, including land previously developed.
11.R.2.F. Cleared openings legally in existence on the
effective date of this Ordinance may be maintained, but shall not be enlarged,
except as permitted by this Ordinance.
11.R.2.G. Fields which have reverted to primarily
shrubs, trees, or other woody vegetation shall be regulated under the
provisions of this section.
11.S. Toxic and
Noxious Discharges
No use shall
for any period of time discharge across the boundaries of the lot on which it
is located toxic and noxious matter.
11.T. Traffic Impacts
and Street Access Control
11.T.1. General
Provision shall
be made for vehicular access to the development and circulation upon the lot in
such a manner as to safeguard against hazards to traffic and pedestrians in the
street and within the development, to avoid traffic congestion on any street
and to provide safe and convenient circulation on public streets and within the
development. More specifically, access
and circulation shall also conform to the following standards and the design
criteria below.
11.T.1.A. The vehicular access to the development shall
be arranged to minimize traffic use of local residential streets.
11.T.1.B. Where a lot has frontage on two or more
streets, the access to the lot shall be provided to the lot across the frontage
and to the street where there is lesser potential for traffic congestion and
for hazards to traffic and pedestrians.
11.T.1.C. The street giving access to the lot and
neighboring streets which can be expected to carry traffic to and from the
development shall have traffic carrying capacity and be suitably improved to
accommodate the amount and types of traffic generated by the proposed use.
11.T.1.D. Where necessary to safeguard against hazards
to traffic and pedestrians and/or to avoid traffic congestion, provision shall
be made for turning lanes, traffic directional islands, frontage roads,
driveways and traffic controls within public streets.
11.T.1.E. Access ways shall be of a design and have
sufficient capacity to avoid queuing of entering vehicles on any street.
11.T.1.F. Where topographic and other conditions
allow, provision shall be made for circulation driveway connections to adjoining
lots of similar existing or potential use:
11.T.1.F.1
When such driveway connection will
facilitate fire protection services as approved by the Fire Chief and/or,
11.T.1.F.2
When such driveway will enable the
public to travel between two existing or potential uses, generally open to the
public, without need to travel upon a street.
11.T.2.
Driveway Design
11.T.2.A.
General
Driveway design
shall be based on the estimated volume using the driveway classification
defined below.
11.T.2.A.1
Low Volume Driveway: Less than 25
vehicle trips per day.
11.T.2.A.2
Medium Volume Driveway: Any driveway
that is not a low volume or high volume driveway.
11.T.2.A.3
High Volume Driveway: Peak hour volume
of 400 vehicles or greater.
11.T.2.B. Sight
Distances
Driveways shall
be designed in profile and grading and located to provide the required sight
distance measured in each direction. Sight distances shall be measured from the
driver's seat of a vehicle standing on that portion of the exit driveway with
the front of the vehicle a minimum of ten (10) feet behind the curb line or
edge of shoulder, with the height of the eye 3-1/2 feet, to the top of an
object 4-1/2 feet above the pavement. The required sight distances are listed
below for various posted speed limits.
11.T.2.B.1
11.T.2.B.2
a. Upon turning left or right to accelerate to
the operating speed of the street without causing approaching vehicles to
reduce speed by more than ten (10) miles per hour, and
b. Upon turning left, to clear the near half of
the street without conflicting with vehicles approaching from the left.
Operating Safe Sight Safe Sight
Speed Distance Distance
(mph) - Left (ft) - Right (ft)
20 130 130
30 220 260
40 380 440
50 620 700
11.T.2.C. Vertical
Alignment
A driveway
shall be flat enough to prevent the dragging of any vehicle undercarriage. Low
volume driveways shall slope upward or downward from the gutter line on a
straight slope of two (2) percent or less for at least twenty-five (25) feet followed
by a slope of no greater than ten (10) percent for the next fifty (50) feet.
The maximum grade over the entire length shall not exceed fifteen (15) percent.
Medium and high volume driveways should slope upward or downward from the
gutter line on a straight slope of two (2) percent or less for at least twenty-five
(25) feet. Following this landing area,
the steepest grade on the driveway shall not exceed eight (8) percent.
11.T.2.D. Low
Volume Driveways
1. Skew Angle. Low volume driveways shall be
two-way operation and shall intersect the road at an angle as nearly ninety (90)
degrees as site conditions permit, but in no case less than sixty (60) degrees.
2. Curb Radius. The curb radius shall be between
five (5) feet and fifteen (15) feet, with a preferred radius of ten (10) feet.
3. Driveway Width. A single dwelling unit shall be a minimum of
twelve (12) feet. Two dwelling units
shall be a minimum of fifteen (15) feet.
4. Curb-Cut Width. Curb-cut width shall be
between twenty-two (22) feet and thirty-six (36) feet, with a preferred width
of thirty-six (36) feet.
11.T.2.E. Medium
Volume Driveways
1. Skew Angle. Medium volume driveways shall
be either one-way or two-way operation and shall intersect the road at an angle
as nearly ninety (90) degrees as site conditions permit, but in no case less
than sixty (60) degrees.
2. Curb Radius. Curb radius will vary
depending if the driveway is a one-way or two-way operation. On a two-way driveway
the curb radius shall be between twenty-five (25) feet and forty (40) feet, with
a preferred radius of thirty (30) feet. On one way driveways, the curb radius
shall be thirty (30) feet for right turns into and out of the site, with a five
(5) foot radius on the opposite curb.
3. Width. On a two-way driveway the width
shall be between twenty-four (24) and twenty-six (26) feet, with a preferred
width of twenty-six (26) feet. However,
where truck traffic is anticipated, the width may be no more than thirty (30)
feet. On a one-way driveway the width shall be between sixteen (16) feet and twenty
(20) feet, with a preferred width of sixteen (16) feet.
4. Curb-Cut Width. On a two-way driveway the
curb-cut width shall be between seventy-four (74) feet and one hundred and ten
(110) feet with a preferred width of eighty-six (86) feet. On a one-way
driveway the curb-cut width shall be between forty-six (46) feet and seventy (70)
feet with a preferred width of fifty-one (51) feet.
11.T.2.F. High
Volume Driveways
1. Skew Angle. High volume driveways shall
intersect the road at an angle as nearly ninety (90) degrees as site conditions
permit, but in no case less than sixty (60) degrees.
2. Curb Radius. Without channelization
islands for right-turn movements into and out of the site, the curb radius
shall be between thirty (30) feet and fifty (50) feet. With channelization
islands, the curb radius shall be between seventy-five (75) feet and one
hundred (100) feet.
3. Curb Cut Width. Without channelization,
curb-cut width shall be between one hundred and six (106) feet and one hundred
and sixty-two (162) feet with a preferred width of one hundred and fifty-four (154)
feet. With channelization, the curb-cut width shall be between one hundred and
ninety-six (196) feet and two hundred and sixty-two (262) feet with a preferred
width of two hundred and fifty-four (254) feet.
4. Entering and exiting driveways shall be
separated by a raised median which shall be between six (6) feet and ten (10)
feet in width. Medians separating traffic flows shall be no less than
twenty-five (25) feet in length, with a preferred length of one hundred (100)
feet.
5. Width. Driveway widths shall be between
twenty (20) feet and twenty-six (26) feet on each side of the median, with a
preferred width of twenty-four (24) feet. Right turn only lanes established by
a channelization island shall be between sixteen (16) feet and twenty (20)
feet, with a preferred width of twenty (20) feet.
6. Appropriate traffic control signs shall be
erected at the intersection of the driveway and the street and on medians and
channelization islands.
11.T.2.G. Special
Case Driveways
Special case driveways
are one-way or two-way drives serving medium or high volume uses with partial
access (right turn only) permitted. These driveways are appropriate on roadway
segments where there is a raised median and no median breaks are provided
opposite the proposed driveway. These driveways are usually located along the
approaches to major signalized intersections where a raised median may be
provided to protect left-turning vehicles and separate opposing traffic flows.
11.T.2.H Perpendicular
driveways
1. Curb Radius. Curb radius shall be between
thirty (30) feet and fifty (50) feet, with a preferred radius of fifty (50) feet.
2. Driveway width. Driveway width shall be
between twenty-six (26) feet and thirty (30) feet with a preferred width of
thirty (30) feet. On two-way driveways, a triangular channelization island shall
be provided at the intersection with the street. On each side of the island the one-way drive
shall be between fifteen (15) feet and twenty-four (24) feet with a preferred
width of twenty (20) feet.
3. Curb-Cut Width. The total curb-cut width
shall be between eighty-six (86) feet and one hundred and thirty (130) feet
with a preferred width of one hundred and thirty (130) feet.
4. Channelization island. The channelization
island on two-way driveways shall be raised and curbed. Corner radius shall be
two (2) feet.
11.T.2.I Skewed
Driveways
1. Skew Angle. The skew angle shall be between
forty-five (45) and sixty (60), with a preferred angle of forty-five (45).
2. Curb Radius. Curb radius shall be between
thirty (30) feet and fifty (50) feet on the obtuse side of the intersection,
with a preferred radius of thirty (30) feet. Curb radius shall be between five (5)
feet and ten (10) feet on the acute side of the intersection with a preferred
radius of five (5) feet.
3. Driveway width. The width of the driveway
shall be between fifteen (15) feet and twenty-four (24) feet with a preferred
width of twenty (20) feet. Where entering and exiting driveways meet, the width
shall be between twenty-four (24) feet and thirty (30) feet, with a preferred
width of thirty (30) feet.
4. Curb-Cut Width. The curb-cut width for each
driveway shall be between thirty-five (35) feet and seventy-five (75) feet with
a preferred width of forty-two (42) feet.
11.T.3. Driveway
Location and Spacing
11.T.3.A. Minimum
Corner Clearance
Corner
clearance shall be measured from the point of tangency (PT) for the corner to
the point of tangency for the driveway. In
general the maximum corner clearance should be provided as practical based on
site constraints. Minimum corner clearances are listed below based upon driveway
volume and intersection type.
MINIMUM STANDARDS FOR CORNER CLEARANCE
Driveway
Type Intersection Intersection
With Without
Signal Signal
Low Volume
150 50
Medium
Volume 150 50
High
Volume 500 250
Special
Case
Right turn
in only 100 50
Right turn
out only 100 50
Right turn
in or out only 100 50
Where the
minimum standard for a full access drive cannot be met, only a special case
driveway shall be permitted. If, based on the above criteria, full access to
the site cannot be provided on either the major or minor street, the site shall
be restricted to partial access. Alternately, construction of a shared access
drive with an adjacent parcel is recommended.
11.T.3.B. Driveway Spacing
Driveways shall
be separated from adjacent driveways and property lines as indicated below, in
order to allow major through routes to serve effectively their primary arterial
function of conducting through traffic. This
distance shall be measured from the driveway point of tangency to the driveway
point of tangency for spacing between driveways and from the driveway point of
tangency to a projection of the property line at the edge of the roadway for
driveway spacing to the property line.
MINIMUM DRIVEWAY SPACING
Minimum Spacing to Adjacent Driveway
by Driveway Type1 (Dsp)2
-- all distances in
feet
Minimum
Spacing High High Special
Driveway Type to Property Line Low Medium w/o w/RT Case
(Dpl)3 RT* **
Low Volume 5 ***
Medium Volume 10 -
75
High Volume 75 -
75 150
(w/o RT)
High Volume 75 -
75 250 500
(w/ RT)
Special Case 10 -
75 75
75 40****
1 Between two more driveways serving a single parcel, or from a
proposed driveway to an existing driveway.
2 Dsp measured from point of tangency of driveway to point of
tangency of adjacent driveway.
3 Dpl measured from point of tangency of driveway to projection of
property line on roadway edge.
* High volume driveway without right turn
channelization.
** High volume driveway with right turn
channelization.
*** Low volume driveways are not permitted in
combination with other driveway types on a single lot.
**** Right-turn-in-only upstream of
right-turn-out-only. Right-turn-out followed by right-turn- in not allowed.
11.T.4. Number
of Driveways
The maximum
number of driveways on a single street is controlled by the available site
frontage and the table above. In addition, the following criteria shall limit
the number of driveways independent of frontage length.
11.T.4.A. No low volume traffic generator shall have
more than one two-way driveway onto a single roadway.
11.T.4.B. No medium or high volume traffic generator
shall have more than two two-way driveways or three driveways in total onto a
single roadway.
11.T.4.C. Each new lot created after the effective
date of this Ordinance with frontage on Route 25 shall be served by a driveway
or entranceway shared in common with at least one adjacent lot.
11.T.5. Construction
Materials/Paving
11.T.5.A. All driveways entering a curbed street shall
be curbed with materials matching the street curbing. Curbing is required
around all raised channelization islands or medians.
11.T.5.B All private driveways serving one or two
dwellings shall contain a minimum depth of fifteen (15) inches of 6” minus gravel with an adequate turnaround.
11.T.5.C. All driveways shall be paved with bituminous
concrete pavement within the street right-of-way. All commercial driveways
regardless of driveway volume shall be paved with bituminous concrete pavement
within thirty (30) feet of the street right-of-way.
11.U. Water Quality
No activity
shall locate, store, discharge, or permit the discharge of any treated,
untreated or inadequately treated liquid, gaseous, or solid materials of such
nature, quality, obnoxiousness, toxicity, or temperature that run-off, seep,
percolate, or wash into surface or ground waters so as to contaminate, pollute,
or harm such waters or cause nuisances, such as objectionable shore deposits, floating
or submerged debris, oil or scum, color, odor, taste, or unsightliness, or be
harmful to human, animal, plant, or aquatic life. All above ground storage
facilities for fuel, chemicals, chemical or industrial wastes, and
biodegradable raw materials, shall be located on impervious pavement, and shall
be completely enclosed by an impervious dike which shall be high enough to contain
the total of 110% storage capacity of liquid kept within the storage area, so
that such liquid shall not be able to spill onto or seep into the ground surrounding
the paved storage area. Storage tanks for "home heating oil" and
diesel fuel, not exceeding two hundred and seventy-five (275) gallons in size,
may be exempted from this requirement, in situations where neither a high
seasonal water table (within 15" of the surface) nor rapidly permeable
sandy soils are involved.
11.V. Water Supply
Prior to the
issuance of any occupancy permit for any structure with a potable water supply
system, a water quality analysis demonstrating that the State of Maine Safe
Drinking Water Guidelines are met shall be submitted to the Code Enforcement
Officer.
No development
activities shall be permitted within three hundred (300) feet of a mapped 50+
GPM sand and gravel aquifer unless a hydrological study has been conducted and
accepted by the Planning Board, demonstrating that the sand and gravel aquifer
will not be adversely impacted by the development. No uses which involve hazardous or special
waste materials including petroleum products shall be permitted within three
hundred (300) feet of a mapped 50 + GPM aquifer.
11.W. Cemeteries/Burial
Sites
Construction or
excavation may not be constructed within twenty-five (25) feet of a known
burial site or within twenty-five (25) feet of an established cemetery. See
Title 13 of the
Article
12. Performance Standards, Specific Activities
and Land Uses
12.A. Agricultural
Land Conservation and Subdivision Development Standards
12.A.1. The purpose of this article is to allow
landowners a reasonable return on their holdings, in such a way that the
majority of existing open field and pasture may remain un-built upon for use by
future generations. Toward this end, it is recommended that all residential subdivision
development proposals encompassing ten (10) or more acres of existing open
fields or pasture should be laid out according to the "cluster"
standards and in a manner consistent with the Limington subdivision standards.
If the parcel which is proposed for development also contains land which is not
either open field or pasture, new dwellings should be clustered on such land to
the most practical extent, so that the fields and pastures remain as
undeveloped as possible.
12.A.2. All dwelling units should be arranged so that
the maximum lot size is 40,000 square feet or one half the minimum lot size for
the zone, but in no instance shall individual lots with subsurface waste water
disposal systems be less than 20,000 square feet.
12.A.3. To the fullest extent practicable, all
buildings and roads shall be located away from the soil types which are most
suitable for agriculture (based on the crop production table of the county soil
survey). This provision does not apply to the location of on-site septic disposal
facilities, which must be placed on soil meeting the standards of the Maine
State Subsurface Wastewater Disposal Rules.
12.A.4. Applicants for subdivision review under this
subsection shall provide the Planning Board with copies of deed covenants (with
prospective purchasers) or conservation easements (with the town) describing
land management practices (to be followed by the developer and/or a community
association of property owners) which will ensure that the existing fields or
pastures will be plowed or mowed at least once every year.
12.A.5. Agricultural land owners are not required to
sell that part of their property which is to become open space provided that
they convey the development rights of that open space to the Town in a conservation
easement prohibiting future non-agricultural development.
12.B. Animal
Husbandry
When permitted
as conditional uses, animal husbandry shall meet the following standards:
12.B.1. All pasture, barns, barnyards, and other
areas where the livestock, animals, or fowl are kept, housed, fed, or cared for
shall be a minimum of one hundred (100) feet from the nearest dwelling other
than the applicant's.
12.B.2. Uncovered manure shall be kept one hundred
and fifty (150) feet from the nearest dwelling other than the applicant's and
three hundred (300) feet from any water body or well.
12.B.3. All feed and grain shall be stored in rodent
proof containers.
12.B.4. All paddocks, pastures, barnyards or other
enclosures must be adequately fenced to contain livestock, animals or fowl.
12 B.5. On parcels smaller than three (3) acres, the
Planning Board shall limit the number and species of animals permitted. The Planning
Board shall consider the size and layout of the lot; the size of adjacent lots;
the presence of vegetative screening and buffer strips; and the potential for
noise, odor, and vermin problems.
12.B.6. On parcels over three (3) acres the number
and species shall be limited to that recommended by State and Federal husbandry
guidelines.
12.C. Automobile
Graveyards and Junkyards
Automobile
graveyards and junk yards shall meet the following standards:
12.C.1. Prior to issuance of the municipal permit,
the applicant shall present either a permit from the Maine Department of
Environmental Protection (DEP) or a letter from the DEP stating that a permit
is not required.
12.C.2. Site
Considerations
12.C.2.A. No motor vehicles or material shall be
located on a sand and gravel aquifer, or on an aquifer recharge area, as mapped
by the Maine Geological Survey, or a licensed geologist.
12.C.2.B. No motor vehicles or material shall be
located within the 100 year flood plain, as mapped by the Federal Insurance
Administration, the Army Corps of Engineers, or the U.S. Department of
Agriculture, unless information presented by the applicant is sufficient to
persuade the Planning Board that flooding is not an issue.
12.C.2.C. A visual buffer capable of completely
screening from view all portions of the automobile graveyard or junkyard shall
be established and maintained along all property lines.
12.C.2.D. No motor vehicles or material shall be stored
within five hundred (500) feet of any dwelling or public or private school.
12.C.2.E. No motor vehicles or material shall be stored
within three hundred (300) feet of any water body.
12.C.2.F. The site shall comply with the requirements
of State Chapter 183 SS1.
12.C.3. Operational
Considerations
Upon receiving
a motor vehicle, the battery shall be removed, and the engine lubricant, transmission
fluid, brake fluid, and engine coolant shall be drained into watertight, covered
containers. No discharge of any fluids from any motor vehicle shall be
permitted into or onto the ground.
The applicant
shall provide a copy of a disposal contract to remove all fluids to ensure they
are not kept on the property.
12.D. Bed &
Breakfast
12. D.1. The application for approval shall include a
scale drawing of the lot showing the location of: existing buildings, existing
and proposed parking, and existing and proposed sewage disposal systems.
12.D.2. There shall be no less than one (1) parking
space for each rental room in addition to the spaces required for the dwelling
unit.
12.D.3. There shall be one (1) bathroom provided for
the rental rooms, in addition to the bathroom for the dwelling unit.
12.D.4. Each rental room shall have not less than
ten by twelve feet horizontal dimensions.
12.D.5. Each rental room shall be equipped with an
approved smoke detector.
12.E. Campgrounds
and Tenting Grounds
Campgrounds
shall conform to the minimum requirements imposed under State licensing
procedures
and the following (in cases of possible conflict, the stricter rule shall
apply):
12.E.1. General
12.E.1.A. A campground must be constructed on at least ten
(10) acres of land, and all camping units or structures shall be located at
least one hundred (100) feet from any
property line and two hundred (200) feet from any residence (except residences
belonging to the campground owners).
12.E.1.B. Campsites shall be laid out and screened in
such a manner that none are within view from public roads, navigable rivers,
existing residences or approved subdivision lots. Any combination of evergreen
planting, landscaped earthen berms, or solid fencing may be used to achieve
this screening standard, when campsites would otherwise be visible from the
locations described above.
12.E.1.C. No trailers other than recreational vehicles
or utility trailers as defined herein, shall be permitted within any
campground, temporarily or otherwise. No camping unit shall be stored or
exhibited for sale for commercial purposes within the park.
12.E.1.D. Tent sites and sites for recreational
vehicles (RV's) shall be laid out so that the density of each developed acre of
land does not exceed the standards below (in terms of sites per acre of land,
excluding circulation roads):
Non-Shoreland
Shoreland Zone
Tent sites 14 per acre 8 per acre
RV sites 11 per acre 7 per acre
12.E.1.E. The minimum frontage of a campsite along any
shoreline shall be one hundred (100) feet.
Minimum setback from the normal high water elevation shall be one
hundred (100) feet for all recreational vehicles, tents, or other vehicles and
temporary or permanent structures.
12.E.1.F. No campsite shall be located within a
Resource Protection District or within the 100 year flood plain.
12.E.2. Parking
and Circulation
12.E.2.A. A minimum of three hundred (300) square feet
of off-street parking plus maneuvering space shall be provided for each
recreational vehicle, tent, or shelter site. Recreational vehicles shall be
parked in spaces so that:
12.E.2.A.1
There shall be a minimum of fifty (50)
feet between vehicles; and
12.E.2.A.2
There shall be a minimum of seventy-five
(75) feet between all recreational vehicles and tents, and all public
rights-of-way located inside the boundaries of the campground.
12.E.2.B. Vehicular access shall be provided onto a
hard-surfaced road adequate for the volume and type of traffic likely to be
generated. Grades and sight distances specified in the town's subdivision
standards shall be observed in designing all intersections. Roads shall be
constructed of at least 12 inches of 6” minus gravel, 2" of crushed gravel
(1/2" chips) and two applications of liquid asphalt (1/2 gallon per sq.
yd. each application). The minimum width of roadways shall be twelve (12) feet
for one way roads and twenty-two (22) feet for two-way roads. No vehicle
parking shall be permitted on the roadway.
12.E.3. Health
and Safety
12.E.3.A. Each recreational vehicle, tent, or shelter
site shall be provided with a picnic table and trash receptacle. The park
management shall dispose of refuse from said containers by transporting the
refuse in a closed truck or in enclosed containers or bags to an approved
disposal area at least once every three (3) days.
12.E.3.B. A campground shall provide water and sewerage
systems, sanitary stations, and convenience facilities in accordance with the
regulations of the State Wastewater Disposal Rules. In no case shall less than
one (1) toilet and lavatory be provided for each sex for every ten (10) camping
and tent sites. All recreational vehicle sites shall be equipped with water and
sewage hook-ups, connected to approved distribution or disposal systems.
12.E.3.C. Fire extinguishers capable of dealing with
electrical and wood fires shall be kept in all service buildings. A suitable
ingress and egress shall be provided so that every campground may be readily
serviced in emergency situations. 24 hour emergency communication service (e.g.
telephones) shall be provided.
12.E.3.D. Each campsite shall be provided with a
masonry or metal fireplace, approved in writing by the Fire Chief.
12.E.4. Planning
and Review
12.E.4.A. Roads, parking, campsites and required facilities
shall be planned in accordance with the basic principles outlined below, and
shall be shown on the proposed plan which is submitted for review and approval
as a conditional use:
12.E.4.A.1
A logical sequence of entry and
circulation should be created: entrance, administration and storage, parking,
campsites, toilets and laundry, playing fields or shoreline.
12.E.4.A.2
Campsites should be clustered in
groups according to intensity of use (low density, medium density, etc.) and
also related to common support service areas (laundries, play areas, etc.)
serving a number of campsite clusters. The purpose is to minimize road length, increase
accessibility, and preserve open space.
12.E.4.A.3
Footpaths and roads should follow
"desire lines" of pedestrian and vehicular movement between campsites
and all jointly used facilities. Parking areas may be grassed, reinforced with
open concrete blocks.
12.E.4.A.4
Access roads shall be laid out as
loops to the greatest extent that is practicable, although "cul-de-sacs"
or "dead-ends" may be allowed to serve up to twenty (20) campsites.
12.E.4.B. A soil erosion and sedimentation control
approved by the
12.E.4.B.1
The major types of vegetation should
be identified and described (as to age, height, openness or density, and
pattern, either natural or reforested).
12.E.4.B.2
New planting should be selected to
provide screening and shelter, to tolerate existing and proposed site
conditions, and to blend compatibly with existing natural vegetation.
12.E.4.B.3
All vegetative clearing should avoid
creating straight-line edges between open land and surviving stands.
12.E.4.B.4
Areas of activity and/or traffic
should be sited to avoid wildlife areas (such as thickets for birds and small
mammals, or deer yards and trails).
12.F Cluster
Developments (moved to Subdivision Ordinance Article 10.20 on 3/5/10 per
referendum vote)
12.G. Recreational
Facility
All recreation
facilities shall meet the provisions below:
12.G.1. There shall be provided adequate off-street
parking for the anticipated maximum attendance at any event.
12.G.2. Containers and facilities for rubbish
collection and removal shall be provided.
12.G.3. Adequate screening, buffer area, or
landscape provisions shall be built, planted, or maintained, to protect
adjacent residences from adverse noise, light, dust, smoke, and visual impact.
12.H. Extractive
Industry
12.H.1. Permit
Not Required
The following
activity shall be allowed without a Conditional Use Permit from the Planning
Board:
12.H.1.A The removal or transfer of less than one
hundred (100) cubic yards of material from or onto any lot in any twelve (12)
month period.
12.H.1.B. The removal, or transfer of material
incidental to construction, alteration or repair of a building for which a
permit has been issued or in the grading and landscaping incidental thereto,
and
12.H.1.C. The removal or transfer of material
incidental to construction, alteration or repair of a public or private way or
essential service.
12.H.2. Permit
Required
12.H.2.A. Unless exempted above, topsoil, rock, sand,
gravel and similar earth materials may be removed from locations where permitted
under the terms of this Ordinance only after a Conditional Use Permit for such
operations has been issued by the Planning Board. All other extraction, processing and storage
shall require a Conditional Use Permit from the Planning Board.
12.H.2.B. The removal or transfer of one hundred (100)
cubic yards to five hundred (500) cubic yards of material from or onto any lot
in any twelve (12) month period in permitted areas requires a permit. See Land Use Table for permitting authority.
12.H.3. Submission
Requirements
12.H.3.A. Applications to the Planning Board for a
Conditional Use Permit for the excavation, screening, crushing, or storage of
soil (including topsoil), peat, loam, sand, gravel, rock, or other mineral
deposits shall be accompanied by a plan prepared according to the performance
standards herein, in compliance with applicable State Laws, and accompanied by
all required State Permits or Licenses.
Existing
operations which have not yet received a Planning Board Permit pursuant to the
Gravel Pit Ordinance of Limington, now superseded
by this Ordinance, have sixty (60) days from the effective date of this Ordinance
to apply to the Planning Board for a permit.
The submission
requirements and the approval standards shall be the same as for new
operations, provided however, the Planning Board may grant a waiver from such
standards where necessary to avoid undue hardship, so long as any such waiver
does not jeopardize the health, safety, and welfare of the community as
otherwise provided in this ordinance.
12.H.3.B. The applicant shall submit plans of the
proposed extraction site showing the property lines and names of abutting
owners and ways, indicating not greater that five (5) foot contour intervals,
relating to U.S. Geodetic Survey data;
12.H.3.B.1. The location and slope of the grades,
existing and as proposed upon completion of the extraction operation; and
12.H.3.B.2. Detailing proposed:
A.
fencing
B.
buffer
strips
C.
signs
D.
lighting
E.
parking
and loading areas
F.
entrances
and exits
G.
a written
statement of the proposed method, regularity, working hours and
H.
proposed
rehabilitation and restoration of the site upon completion of the operation.
12.H.3.C. The Planning Board may require the additional
submission of a hydrogeologic study to determine the effects of the proposed
activity on groundwater movement and quality within the general area.
12.H.3.D. Plans for the proposed extraction site shall
include:
12.H.3.D.1
A standard boundary survey of the
property lines.
12.H.3.D.2
Names and addresses of owners of
abutting property.
12.H.3.D.3 Existing elevations, at not greater than
five (5) foot contour intervals as well as the location and slope of the grades
proposed upon completion of the extraction operation.
12.H.3.D.4
Proposed fencing, buffer strips,
signs, lighting.
12.H.3.D.5
Parking and loading areas, entrances
and exits.
12.H.3.D.6
A written statement of the proposed
method, regularity, working hours.
12.H.3.D.7
Proposed plans and specifications for
the rehabilitation and restoration of the site upon completion of the
operation.
12.H.3.D.8
An estimate of the elevation of the
seasonal high water table within the excavation site shall be submitted. The Planning
Board may require the additional submission of a hydrogeologic study to
determine the effects of the proposed activity on groundwater movement and quality
within the general area.
12.H.4. Performance
Standards
12.H.4.A. No part of any extraction operation shall be
permitted within one hundred and fifty (150) feet of any property or street
line, or three hundred (300) feet from a dwelling unit, except that drainage
ways to reduce run-off into or from the extraction area may be allowed up to
one hundred (100) feet of such line. Natural vegetation shall be left and
maintained on the undisturbed land.
12.H.4.B. If any standing water accumulates, the site
shall be fenced in a manner adequate to keep children out. Measures shall be
taken to prevent or halt the breeding of insects.
12.H.4.C. No slopes steeper than three (3) feet
horizontal to one (1) foot vertical shall be permitted at any extraction site
unless a fence at least six (6) feet is erected to limit access to such locations.
12.H.4.D. Before commencing removal of any earth
materials, the owner or operator of the extraction site shall present evidence
to the Planning Board of adequate insurance with a company licensed to do
business in the State of Maine, in an amount not less than $1,000,000 against
liability arising from the proposed extraction operations, and such insurance
shall be maintained throughout the period of operation.
12.H.4.E. Any topsoil and subsoil suitable for purposes
of re-vegetation shall, to the extent required for restoration, be stripped
from the location of extraction operations and stockpiled for use in restoring
the location after extraction operations have ceased. Such stockpiles shall be
protected from erosion, according to the erosion prevention performance
standards of this section.
12.H.4.F. Sediment shall be trapped by diversions,
silting basins, terraces and other measures designed by a professional
engineer.
12.H.4.G.
T he sides and bottom of cuts, fills,
channels, and artificial water courses shall be constructed and stabilized to
prevent erosion or failure. Such structures are to be designed and built
according to the Maine Soil and Water Conservation Commission, Technical Guide,
Standards and Specifications.
12.H.4.H. Lagooning shall be conducted in such a manner
as to avoid creation of fish trap conditions. The applicant shall submit
written approval from the Maine Department of Marine Resources, the Department
of Environmental Protection, and/or the Department of Inland Fisheries and
Wildlife, as applicable, prior to consideration by the Planning Board.
12.H.4.I. The hours of operation at any extraction
site shall be limited as the Planning Board deems advisable to ensure
operational compatibility with nearby residences.
12.H.4.J. Loaded vehicles shall be suitably covered to
prevent dust and contents from spilling or blowing from the load, and all
trucking routes and methods shall be subject to approval by the Road
Commissioner. No mud, soil, sand, or other materials shall be allowed to
accumulate on a public road from loading or hauling vehicles.
12.H.4.K. All access/egress roads leading to or from the
extraction site to public ways shall be treated with suitable materials to
reduce dust and mud for a distance of at least three hundred (300) feet from
such public ways.
12.H.4.L. No equipment debris, junk or other material
shall be permitted on an extraction site. Any temporary shelters or buildings
erected for such operations and equipment used in connection therewith shall be
removed within thirty (30) days following completion of active extraction
operations.
12.H.4.M. The applicant’s plans shall specify a close
out and rehabilitation plan. Rehabilitation
should begin as soon as possible in accordance with the time limits established
in the close out/rehabilitation plan. A yearly report shall be filed with the
Code Enforcement Office indicating the progress of the rehabilitation until the
pit is closed and the rehabilitation, including all planting, has been
completed.
If any
substantial change is desired by the owner or operator to the close out/rehabilitation
plan, the plan shall be resubmitted to the Planning Board for review and
action, because only the Planning Board is authorized to approve any
substantial alteration to a Conditional Use Permit. Substantial shall be defined
in this context to include a change in the timetable of more than six (6) months
as set forth in the plan.
Within six (6)
months of the completion of extraction operations at any extraction site or any
one or more locations within any extraction site, ground levels and grades
shall be established in accordance with the approved plans filed with the Planning
Board.
12.H.4.M.1.
All debris, stumps, boulders, and
similar materials shall be removed or disposed of in an approved location or,
in the case of inorganic materials, buried and covered with a minimum of two
(2) feet of soil.
12.H.4.M.2.
The extent and type of fill shall be
appropriate to the use intended. The
applicant shall specify the type and amount of fill to be used.
12.H.4.M.3.
Storm drainage and water courses shall
leave the location at the original natural drainage points and in a manner such
that the amount of drainage at any point is not significantly increased.
12.H.4.M.4.
At least four (4) inches of topsoil or
loam shall be retained or obtained to cover all disturbed areas, which shall be
reseeded and property restored to a stable condition adequate to meet the
provisions of the "Environmental Quality Handbook, Erosion and Sediment
Control", as amended or revised, published by the Maine Soil and Water Conservation
Commission.
12.H.4.M.5.
No slope greater than three (3) feet
horizontal to one (1) foot vertical shall be permitted.
12.H.4.N. Prior to beginning excavation on the site the
applicant shall file with the town a bond payable to the Town of Limington with
sureties satisfactory to the Planning Board, or some other form of security
including, but not limited to, an escrow account, a security deposit, a
passbook or letter of credit. In determining the amount of the bond or the
security, the Planning Board shall take into consideration the characteristics
of the site, the excavation plan, and the rehabilitation plan which may call
for a phased plan for closing out each section of the pit as it is exhausted.
In no instance shall the amount be less than one hundred and twenty-five (125)
percent of the estimated cost of rehabilitation. All proceeds of forfeited
bonds or other security shall be expended by the Town for reclamation of the
area for which the security was posted, and any remainder shall be returned to
the operator or owner.
If the operator
has partially reclaimed the land, the Planning Board shall issue to the operator
a release of such securities as the Town has held on deposit to cover the part
of the reclamation, so long as the remaining amount of security held by the
Town is deemed sufficient to cover the cost of the remainder of the reclamation.
Within sixty
(60) days after the date of completion of reclamation provided in the mining
plan, the operator shall file with the Planning Board a final report containing
such information as shall be determined by the Planning Board. Upon the filing
of the final report, and upon determination that this article has been complied
with, the Planning Board shall release the securities, if any, still in the
Town’s possession.
If the owner of
a site does not begin to rehabilitate the site within six (6) months of when
the reclamation plan schedules rehabilitation, or discontinues use of the site
as defined herein without rehabilitating the site, the Town may enter the site,
perform the work required to meet the rehabilitation plan, and place a lien on
the property to collect any expenses it incurs for which it does not have performance
guarantees.
12.H.5. Existing
Operations
Discontinuation
of any existing non-conforming operation for a period of more than one (1) year
shall result in the loss of "grandfathered" status for that
operation. Discontinuation is defined as being the excavation, processing or
storage of less than five hundred (500) cubic yards of material.
12.H.6. Renewal Submissions
Submissions for renewal of permits in this category must be
accompanied by a certification from a qualified firm that noise levels are
within those specified in the General Performance Standards section of this
Ordinance.
12.I. Ground Water
and or Spring Water Extraction and/or Storage
Purpose
The purpose of these
regulations is to protect the quality and quantity of groundwater, spring water
and/or water in aquifers and their recharge areas located wholly or partially
within the Town of Limington, to insure that any large scale water extraction
is subjected to prior review and approval so as to establish the ongoing
sustainability and quality of said water supplies and the avoidance of any
interruption or degradation of water quality and quantity to members of the
general public within the Town and generally to protect the health, safety and
welfare of persons dependent upon such water supplies.
Authority
These regulations are adopted
pursuant to 22 MRSA 2642 (“Municipal Regulations Authorized”) and the Maine
Constitution, Article VIII, Part Second and 30 A MRSA 2101 et seq (“Municipal
Home Rule”).
12.I.1. Definitions
Words
and phrases, unless their context requires otherwise, shall be defined as they
are in Article 2 - Definitions of this Ordinance. First as set forth in Article 2, second in
accordance with their generally accepted technical meaning within the involved
scientific disciplines, third as defined by Maine Statues, and fourth their
dictionary definition.
12.I.2. Large Scale Water Extraction
12.I.2.A Permit Required
The
daily (meaning on any given day) extraction of more than five thousand (5000)
gallons of ground water, spring water and/or water from aquifers or their
recharge areas by any one entity or person, or consortium or association of
entities or persons acting in concert, regardless of the number of extraction
facilities utilized, shall require a written permit issued by the Planning
Board, after a public hearing.
12.I.2.B. Inapplicability
The
requirements of review and approval shall not apply to extraction of water
which is to be used within the Town of Limington for standard agricultural
purposes; drinking water and domestic water supply to private residences within
the Town of Limington; water supply for public facilities such as schools with
the Town of Limington; fire suppression; or for on-site residential, commercial
and industrial purposes within the Town of Limington to the limit of their
historical use of water which exists as of the date of the adoption of these
regulations.
12.I.2.C. Application Requirements
1.
The application
shall be in writing and be accompanied by the site plans prepared by a licensed
surveyor, licensed engineer, or similar appropriately licensed professional.
2.
The application
shall include:
(a)
Evidence of
applicant’s right, title and interest in and to the property(ies) from which
the water is extracted. If such evidence
is other than outright ownership and title as evidenced by a deed duly recorded
in the York County Registry of Deeds, the entire document/documentation whether
by lease, option, contract or otherwise establishing right, title and interest
shall be submitted with the application.
(b)
A statement of the
total maximum daily quantity of water to be extracted, from all extraction
points operated by the same individual or entity, or consortium or association
of individuals or entities.
(c)
The locations(s)
of the points of extraction.
(d)
The method(s) of
extraction.
(e)
The proposed use
for which the water is to be extracted, including the identity of any end user
of the extracted water whose facilities for use, processing, transporting,
storage, bottling, sales or other similar activities are located outside of the
Town of Limington.
(f)
A copy of any
application and exhibits and reports for such extraction filed or to be filed
with any other municipal authority or any agency or department of the State of
Maine, including as required by 22 MRSA 2660-A et seq. (transport of water for
commercial purposes), or under applicable Department of Human Services rules
and regulations
(g)
A copy of any
permit, approval, or denial for such extraction as may have been issued by any
agency referred to in (f) above.
(h)
A written report,
certified to the Limington Planning Board procured and paid for by the
applicant, of a hydrogeologic investigation and study, conducted and prepared
by a licensed professional hydrogeologist, geologist, hydrologist, registered
professional engineer or other appropriately licensed professional possessing,
in the judgment of the Planning Board, comparable credentials and
qualifications. The report must address
at the least the following:
(1)
The rates of draw
down and recharge of any aquifer or other ground water source as may have been
established by a pumping or “stress test” or other similar testing regime in
accordance with accepted standards within the geology and engineering
professions.
(2)
The
characteristics of the aquifer or other ground water source, including rates of
draw down and recharge, sustainable extraction rates, aquifer boundaries,
recharge areas, impacts on the water table, and impacts on any and all existing
water bodies including, but not limited to, lakes, ponds, rivers, streams and
wetland areas, and private wells or other existing extraction locations within
the zone of contribution.
(3)
Possible effects
on the aquifer or other ground water resources which might result in the
disturbance of existing minerals such as, but not limited to, iron, manganese,
arsenic, and uranium, and any health
hazards raised by such disturbances(s) or other impacts including issues such
as drinking water turbidity, clarity and aroma.
3.
The application
shall be accompanied by:
(a)
Written
notification of the application and an explanation of the intent, scope and
location of the proposed water extraction in terms readily understandable to a
layman to be addressed and mailed to, via certified mail, return receipt
requested, the following:
(1)
The owners of
record of all parcels of land lying above the aquifer or other water source
cited in the application.
(2)
The owners of
record of all parcels of land lying within 500 feet of the outside perimeter of
the aquifer or other water source cited in the application.
(3)
The owners of record
of all parcels of land having frontage on any body of water whether lake, pond,
river, stream or wetland within five hundred (500) feet of the outside
perimeter of the aquifer or other water source cited in the application, even
though such individual parcels may themselves lie more than five hundred (500)
feet from the outside perimeter of said aquifer or other water source.
(4)
For purposes of
these notification requirements an applicant is entitled to rely on information
on file at the Limington Town Office as represented by its most recent
assessors’ maps and the mailing addresses maintained by the Town as to the
owners of the affected parcels shown hereon.
Actual posting of the certified mail notices is not required until the
application is declared or deemed to be complete (See D (6) below.
(5)
For good cause
shown, the above notice requirements may be modified by the Planning Board
where, for example, it can be established that a body of water, a portion of
which lies within 500 feet of the outside perimeter of the aquifer or other
water source, extends so far from the proposed extraction point(s) that actual
notice to the owners of all land having frontage on that body of water is not
necessary.
(b)
A small scale
site plan depicting at least the following:
(1)
The limits
(outside perimeter) of the aquifer or other water source cited in the
application, and the bounds of the land of the applicant.
(2)
The location of
all water bodies located within five hundred (500) feet of the outside
perimeter of the aquifer or other water source.
(3)
The location(s)
of the proposed extraction points.
(4)
The existing
network of public or private roads leading to or by the extraction point(s).
(5)
Any proposed new
streets or driveways to be constructed for access to and egress from the
extraction point(s), and the point(s) of intersection of such proposed streets
or driveways with existing streets.
(6)
Any existing or
proposed utility lines to be utilized in the extraction operation(s).
(7)
The location and
type of monitoring and test wells.
(8)
Any existing or
proposed pipes, pipelines, aqueducts or similar that are intended to facilitate
transport of extracted water from the extraction point(s) towards the intended
end user, if any part of the extracted water is ultimately to be transported outside
the geographic limits of the Town of Limington.
(9)
Any other
relevant and material detail(s) bearing on the proposed extraction process, the
omission of which would tend to hinder the ability of the reviewing authority,
affected land owners, or the public from developing a full understanding of the
scope and impact of the proposal.
(c)
A large scale
site plan depicting at least the following:
(1)
A detailed plan
of the extraction point(s), including without limitation, well heads, pumping
facilities, monitoring or test wells, buildings, sheds, paving, vehicular
drives, parking and turn around, utility lines, fencing, access roads or
driveways, elevation and contour lines.
(2)
Any other
relevant and material detail(s) bearing on the proposed extraction process the omission
of which would tend to hinder the ability of the reviewing authority, affected
landowners or the public from developing a full understanding of the scope and
impact of the proposal.
12.I.2.D. Application Process
1.
The entire
application, including studies, reports, site plans and all other items
referred to in 12.I.2.C.above shall be submitted to the Planning Board in
triplicate.
2.
The Planning
Board shall have thirty (30) days from the date of submission to conduct a
preliminary review of the application solely for the purpose of determining
whether the application is complete as required by these regulations. For good cause shown, and upon receipt of
confirmatory independent technical advice, the Planning Board may waive one or
more of the application details upon a determination that such details are
unnecessary, unobtainable as a practical matter, or duplicative and that such
waiver would not tend to hinder the ability of the Planning Board, affected
landowners or the public from developing a full understanding of the scope and
impact of the proposal.
3.
If within said
thirty (30) day period the Planning Board deems the application incomplete in
any material or relevant respect it shall so inform the applicant by the best
practical means, either by writing or verbally at a regularly scheduled meeting
of the Planning Board at which the applicant, or its duly authorized
representative, is present after which the applicant shall have a reasonable
period of time, not to exceed sixty (60) days, to complete its application in
accordance with these regulations, upon failure of which the applicant shall be deemed withdrawn.
4.
If by the end of
said thirty (30) day period for review for
completeness
the Planning Board has not informed the applicant the application is
incomplete, it shall as a result be deemed complete, in which case the Planning
Board shall schedule a public hearing on the application at a date not later
than sixty (60) days from the date the application was originally submitted, or
not later that sixty (60) days from the date a supplemented application
originally deemed incomplete, was reviewed for completeness and declared (or
deemed by the passage of a thirty (30) day period) complete.
5.
Any review of the
application by the Planning Board or its agent for completeness is preliminary
only and is not to be deemed a substantive review, and confers no vested right
upon the applicant or under the application.
Substantive review shall not be deemed to occur until the convening of a
public hearing on the application under these requirements.
6.
Applicant’s
obligation of written notification via certified mail of property owners as set
forth in 12.I.C.3 above shall not accrue until the application is declared or
deemed complete under these regulations.
12.I.2.E Review Process; Hearing Process
1.
The completed
application shall be reviewed by the Planning Board at a public hearing
convened for that purpose, pursuant to fifteen (15) days published notice in a
newspaper of general circulation within the Town of Limington and posting of
notice at three conspicuous public places within the Town, and upon
confirmation on the hearing date that certified mail notice has been sent to
all affected landowners as previously set forth in these regulations.
2.
The Planning
Board shall be entitled to adopt whatever procedural rules for the hearing
including the imposition of reasonable time limits for the presentations of the
applicants, opponents, if any, and the general public, it deems appropriate,
fair and reasonably calculated to afford a full consideration of the issues
pertaining to the application.
12.I.2.F. Decision: Performance Standards
1.
Upon the
adjournment of the public hearing the Planning Board shall schedule a public
session of the Planning Board, to occur not later than thirty (30) days from
the final adjournment of the public hearing, to deliberate and render a
decision.
2.
The Planning
Board’s decision may be:
(a)
To approve the
application;
(b)
To deny the
application; or
(c)
To approve the
application conditionally, with conditions or stipulations upon the
satisfactory completion of which the application will be finally approved. Provided however, any approval (conditional
or unconditional) shall require the Planning Board’s determination that the
applicant has satisfied all of the performance standards set forth below.
(d)
Any approval
shall specify that it is only for a daily extraction total not exceeding the
maximum daily quantity set forth in the application, and any increase in such
daily totals shall require further application and review in accordance with
these regulations.
3.
The Planning
Board shall issue a written decision with findings of fact and rulings and
conclusions not later than thirty (30) days from the date on which it votes at
a public session to approve, deny, or approve with conditions, and a copy of
such written decision shall thereupon promptly be provided to applicant and
otherwise be available publicly.
4.
Any extraction
authority granted hereunder shall be for a period not to exceed three (3)
years, but may be renewed subject to the same criteria contained herein.
5.
With respect to
an application for a permit renewal if, after notice and hearing as referred to
in Article E above, the reviewing authority finds the following, a renewal
permit for another three (3) year period shall be issued.
(a)
There is no
increase in the permit holder’s extraction activities in terms of the quantity
of water to be extracted, and
(b)
There is no
change in the location or configuration of the extraction facility; and
(c)
There has been no
material failure by the permit holder to comply with any conditions of the
expiring permit; and
(d)
There has been no
material failure by the permit holder to meet the performance standards
applicable to the expiring permit; and
(e)
There is no
significant, credible evidence that the permit holder’s continuing operation
would be unable to meet the performance standards of the regulation during any
renewal period.
(f)
Any application
for a renewal permit must be filed with the reviewing authority not less than
ninety (90) days prior to the expiration of the existing permit.
12.I.3. Performance
Standards
No
approval shall be granted any application until and unless the reviewing
authority shall have affirmatively found that each of the following performance
standards has been or will be met, the burden of establishing and demonstrating
compliance with which is solely the applicant’s. The applicant must also demonstrate to the
reviewing authority that it possesses the expertise and financial resources to
provide continuing adherence to these standards.
12.I.3.A
Geologic and Hydrologic Standards
1.
The quantity of
water to be extracted will not cause undesirable changes in ground water flow
patterns relating to the aquifer, its recharge areas, or other ground water
sources within the Town.
2.
The quantity of
water to be extracted will not negatively impact, diminish or alter any surface
waters with the Town, including during any period of drought.
3.
The quantity of
water to be extracted will not cause any ground subsidence beyond the property
lines of applicant’s property.
4.
The quantity of
water to be extracted will not adversely affect the long term sustainability of
the aquifer, or its recharge areas, or other ground water sources, including
during periods of drought.
5.
The proposed
extraction will not create a health risk or issues such as drinking water
turbidity, clarity or aroma resulting from the disturbance of existing
minerals, or from any other cause, with ongoing follow up monthly testing for
this purpose, results to be provided in writing to the Limington Code
Enforcement Officer on at least a monthly basis.
6.
The establishment
of an ongoing follow up monitoring system and development of a system of
recording and documenting extraction and recharge data, within the zone of
contribution, to be reported in writing to the Limington Code Enforcement
Officer on at least a monthly basis. At
least twenty-five (25) percent of monitoring locations shall be private wells
located within the zone of contribution.
12.I.3.B Impacts on General Vicinity
1.
The applicant
assumes any and all liability for the loss, interruption, degradation or
interference with the pre-existing beneficial domestic use of groundwater by a
landowner or lawful land occupant, or other public or private water supply,
caused by applicant’s withdrawal or extraction of water.
For
purposes of this section, “beneficial domestic use”, “groundwater” and
“pre-existing use” shall be as defined by 38 MRSA 404 – 1A-C.
For
purposes of this section, liability of applicant shall be for compensatory
damages only and shall be limited to the following:
(a)
All costs
necessary to restore the landowner or lawful land occupant to a status which is
reasonably equivalent in terms of quantity and quality of groundwater made,
available on a similarly accessible and economic basis;
(b)
Compensatory
damages for loss or damage to property, including, with limitation, the loss of
habitability of residence, caused to the landowner or lawful land occupant by
reason of the interference prior to restoration of the status provided for in
sub-paragraph (a); and
(c)
Reasonable costs,
including expert witness and attorney fees incurred in initiating and
prosecuting an action when necessary to secure a judgment granting the relief
provided for under this section.
The
reviewing authority shall require the furnishing of a bond or other performance
guaranty is deems of equivalent security to secure the applicant’s obligation
under this section.
2.
Provision shall
be made for vehicular access to extraction facility(ies) and for circulation,
loading and unloading upon the lot in such a manner as to safeguard against
hazards to traffic and pedestrians on adjacent streets or roads, to avoid
traffic congestion with traffic safety hazards, or other safety risks.
3.
Any driveways or
access roads to the extraction facility(ies) shall be designed in profile and
grading and located so as to provide sight distance as set out in the Limington
Zoning Ordinance, Article 11.A. and 11.J.
and
State DOT requirements.
4.
Driveways or
access roads to the extraction facility(ies) shall conform to the standards set
out in the Limington Zoning Ordinance, Article 11.A. and 11.J. and State DOT requirements.
5.
Additional
vehicular demand on existing town roads or public easements occasioned by the
operation of the extraction facility(ies) will not exceed the capacity of those
roads, or cause the premature failure, aging or diminished utility of those
roads.
6.
To the extent the
extraction facility(ies) will be served by pipes, pipelines, aqueducts or
similar that such installations will be sited and constructed in a manner which
will not interrupt the public’s use of any existing street; interrupt the
public’s access to any public facility great pond or similar; interrupt private
access to private property; or pose the risk of damage to any property along or
through which such installation traverses as a result of any failure or
malfunction which might cause ponding, erosion, run off or similar.
7.
The proposed
extraction and activities incident to such extraction such as increased traffic
(volume and type), parking hours or operation, noise, glare from lights, or
similar potential for nuisances are unlikely to cause a negative impact on
adjacent properties and the nearby vicinity as a whole.
12.I.3.C. Extraction
for Commercial Purposes and/or Bulk Water Transport out of Limington
In
addition to the foregoing performance standards, any application for an
extraction permit which includes or contemplates the transport of water in excess
of five thousand (5,000) gallons per day out of the Town of
1.
The Town must
have received a copy of any application filed with any state agency, under the
provisions of 22 MRSA 2660-A, or the Bulk Water Transport Rules of the
Department of Human Services, contemporaneous with its filing with the State
and a copy of any decision pertaining thereto.
2.
Transport of
water will not constitute a threat to public health, safety, or welfare.
3.
Water is not
available naturally in the location to which it will be transported.
4.
Failure to
authorize transport of the water would create a substantial hardship to the
potential recipient of the water, and
5.
The water
withdrawal will not adversely affect existing uses of groundwater or surface
water resources, including private wells.
12.I.4. Independent
Expert Assistance
If
the reviewing authority reasonably determines it requires independent expert
assistance to assist it in its preliminary review of the application, or in
evaluating the substance of the application at a public hearing, or in
developing appropriate conditions of approval, it may engage the services of
such expert assistance, to serve as the reviewing authority’s own expert. To the extent the projected or estimated cost
of such assistance exceeds the existing Town appropriation for such assistance,
if any, the applicant shall be required to pay to the Town, in advance of the
scheduling of any public hearing, a sum equal to said projected or estimated
cost, the failure of which payment shall excuse the reviewing authority from
scheduling any public hearing until such payment is made in full.
12.I.5. Concurrent
Jurisdiction
As
applicable, jurisdiction of the Planning Board under these regulations is
concurrent with such jurisdiction as may presently be vested in the Limington
Planning Board and/or the Limington Board of Appeals (under the Limington
Zoning Ordinance) and the Limington Code Enforcement Officer/Local Plumbing
Inspector (under the Limington Zoning Ordinance) and is not intended to divest
them of existing jurisdiction as applicable, but rather establishes and imposes
additional requirements and procedures as set forth herein.
12.I.6. Enforcement
and Severability
These
regulations may be enforced by the municipal officers of the Town of
As
an additional means of enforcement, the Planning Board may suspend or revoke
any permit issued hereunder if it determines, after notice and hearing, that it
was issued in error or upon incomplete or false information, or that applicant
has failed to comply with any conditions of approval, and upon such suspension
or revocation all water extraction addressed by said permit shall cease until a
new approval or permit is obtained under these regulations by the applicant.
Any
appeal of any suspension or revocation of a permit shall be to the Board of
Appeals as an administrative appeal under Article 14.C.1. of the Limington Zoning Ordinance.
12.J. Home Occupations
A home
occupation shall be permitted if it complies with all of the requirements of
this section:
12.J.1. The use of a dwelling unit for a home
occupation shall clearly be incidental and subordinate to its use for
residential purposes.
12.J.2. The number of non-resident employees of a
home occupation shall be limited to one (1). More than one requires Board of Appeals
approval.
12.J.3. A home occupation may not alter the
residential character of the structure, neighborhood or change the character of
the lot from its principal use as a residence.
12.J.4. The home occupation shall be carried on
wholly within the principal or accessory structures. The outside storage or
display of materials or products shall be screened from view from the abutting
properties and street.
12.J.5. The Performance Standards in Article 11 of
this Ordinance shall apply. If additional parking spaces are provided, they
shall be located to the rear or side yard of the principal structure but not
within the required yard setbacks.
12.J.6. One (1) non-illuminated sign, no larger than
two (2) square feet may be erected on the premises.
12.J.7. The sale of products shall be limited to
those which are crafted, assembled, or substantially altered on the premises,
to catalog items ordered off the premises by customers and to items which are
accessory and incidental to a service which is provided on the premises.
12.J.8. A home occupation shall not involve the use
of heavy commercial vehicles for delivery from or to the premises.
12.J.9. A home occupation shall not create greater
traffic than normal for the area in which it is located or generate more than
twenty (20) vehicle trips per day.
12.J.10. No nuisance or offensive: vibration, smoke, dust, odors, heat, glare,
or electrical disturbance shall be generated.
In furtherance of the standard, no commercial or industrial machinery,
ovens or other equipment normally associated with a commercial or industrial
scale facility shall be used by a home occupation to process goods, materials,
or foods.
12.K. Hotels/Motels
and Inns
For traffic
safety on and immediately adjoining each motel, hotel or inn and to assure
health, safety and welfare of occupants and of the neighborhood generally, the
following land, space, building, traffic, utility, and service design
requirements shall be complied with. For the purposes of this section, the
terms hotel, motel and inn are used interchangeably.
12.K.1. The minimum lot size for any hotel
shall contain not less than three (3) acres of total area. The minimum frontage shall be ten times the
posted speed limit of the most traveled way serving the development but not
less than two hundred (200) feet lot width at the street and throughout the
first two hundred (200) feet of depth of said lot back from the street. Access driveways
into the development shall be at an angle no less than thirty (30) degrees and
no more than forty-five (45) degrees to facilitate movement of traffic off the
public way and onto the property. Driveways
shall be separated by a minimum of one hundred (100) feet. The curb radius of
the intersection of the driveway to public way shall be no less than thirty (30)
feet. Access and egress drives shall not exceed a slope of two (2) percent for
the first seventy-five (75) feet onto the property.
12.K.2. No part of any building on a motel
lot shall be closer than sixty (60) feet to the front lot line, rear lot line
or either side line of such lot. A green space, not less than twenty (20) feet
wide, shall be maintained open and green with grass, bushes, flowers or trees
all along each side lot line, the rear lot line, the front line of such lot,
except for entrance and exit driveways. The
green space shall not be used for automobile parking.
12.K.3. Buildings on a motel lot shall not
cover more than fifteen (15) percent of the area of the lot.
12.K.4. If cooking or eating facilities are
provided in hotel rental units, each rental unit shall be considered a dwelling
unit and the hotel shall be required to meet all the standards for multifamily
developments in this ordinance including the residential density requirements
of the appropriate district.
12.K.5. Each motel rental unit shall contain
not less than two hundred (200) square feet habitable floor area enclosed by
walls and roof, exclusive of any adjoining portions of roofed or covered walkways.
Each motel rental sleeping room shall not be less than twelve (12) by fifteen
(15) feet horizontal dimensions, exclusive of bath. Each rental unit shall
include private bathroom facilities.
12.K.6. On each hotel lot, one (1) apartment
may be provided for a resident owner, manager, or other responsible staff
person.
12.K.7. Hotel building construction plans
shall be reviewed and approved by the State Fire Marshall's Office.
12.K.8. Parking spaces shall be designed to
accommodate the traveling public by a minimum space width of ten (10) feet and
space depth of twenty (20) feet for perpendicular spaces. Angled parking space width and depths shall
be increased by ten (10) percent and twenty-five (25) percent above the standards
contained in this Ordinance.
12.L. Kennels and
Veterinary Hospitals
12.L.1. Structures or pens for housing or containing
the animals shall be located not less than one hundred (100) feet from the
nearest residence other than the owners' existing at the time of permit.
12.L.2. All pens, runs, or kennels, and other
facilities shall be designed, constructed, and located on the site in a manner
that will minimize the adverse effects upon the surrounding properties. Among
the factors that shall be considered are the relationship of the use to the
topography, natural and planted horticultural screening, the direction and
intensity of the prevailing winds, the relationship and location of residences
and public facilities on nearby properties, and other similar factors.
12.L.3. The owner or operator of a kennel shall
maintain the premises in a clean, orderly, and sanitary condition at all times.
No garbage, offal, feces, or other waste material shall be allowed to accumulate
on the premises. The premises shall be maintained in a manner that they will
not provide a breeding place for insects, vermin or rodents.
12.L.4. Temporary storage containers for any kennel or
veterinary wastes containing or including animal excrement shall be kept
tightly covered at all times and emptied no less frequently than once every
four (4) days. Such containers shall be made of steel or plastic to facilitate
cleaning, and shall be located in accordance with the setbacks required for outdoor
runs.
12.L.5. If outdoor dog "runs" are created,
they shall be completely fenced in, and shall be paved with cement, asphalt or
a similar material to provide for cleanliness and ease of maintenance.
12.L.6. Any incineration device for burning
excrement-soaked waste papers and/or animal organs or remains shall be located
a minimum distance of four hundred (400) feet from nearest residence other than
the applicants, and shall have a chimney vent not less than thirty-five (35)
feet above the average ground elevation. The applicant shall also provide
evidence that he has obtained approval from the Maine Department of
Environmental Protection for the proposed incinerator, and that it meets state
standards for particulate emissions, flue gas temperature, and duration of
required flue temperatures.
12.L.7. All other relevant performance standards in
Article 11 of this Ordinance shall also be observed.
12.M. Manufactured Housing
12.M.1. The Town of Limington finds that in order to
ensure that manufactured housing located in the Town is reasonably safe for
human habitation that all manufactured housing units to be moved into the town
after the effective date of this Ordinance shall meet either the National Manufactured
Housing Construction and Safety Standards Act of 1974, United States Code,
Title 42, Chapter 70, or the standards set forth in Appendix A “Suggested Safety
Standards for Older Mobile Homes”.
12.M.3. Mobile
Home Parks
12.M.3.A. Mobile home parks shall meet all the
requirements for a residential subdivision, and shall conform to all applicable
State laws and local ordinances.
12.M.3.B. The minimum area of land within a park
shall be ten (10) acres.
12.M.3.C. Lots in a mobile home park shall meet all
the dimensional and area requirements for single family dwellings for the district
in which the park is situated, or be laid out in accordance with the Cluster Development
provisions of this Ordinance. If laid out in accordance with the provisions of
the Cluster Development section, the following shall apply:
12.M.3.C.1
Size of individual mobile home lots.
A. Each individual mobile home lot which is served
by an on-lot subsurface waste water disposal system shall be not less than
twenty thousand (20,000) square feet in area, and shall be not less than one
hundred (100) feet wide.
B. Each individual mobile home lot which is
served by an off-site waste water disposal system shall be not less than five
thousand (5,000) square feet in area, and shall be not less than seventy-five (75)
feet wide.
C. Each individual mobile home lot located wholly
or partly within a Shoreland District shall meet the minimum lot size
requirements of the Shoreland District.
12.M.3.C.2
No mobile home shall be located less
than twenty-five (25) feet from any lines of an individual lot.
12.M.3.D. A continuous landscaped area not less than
fifty (50) feet in width, containing evergreen shrubs, trees, fences, walls or
any combination which forms an effective visual barrier shall be located on all
exterior lot lines of the park, except that driveways shall be kept open to
provide visibility for vehicles entering and leaving the park.
12.M.3.E. All mobile homes shall be equipped with
adequate skirting to enclose the underside of the mobile home.
12.N. Multi-family Developments (moved to Subdivsion
Ordinance Section 10.21 on 3/5/10
per referendum vote)
12.O. Professional Offices in Non-Commercial
Districts
In a
non-commercial district, professional offices may be permitted as a conditional
use in those districts indicated on the Land Use Table and in accordance with
the provisions below:
12.O.1. New professional offices shall be located
only within existing buildings, in order to retain the essential character of the
neighborhood, except as allowed in section 12.O.5 below.
12.O.2. Parking for professional offices should be
located to the side or rear of the building, and be screened from view from all
streets and abutting residential properties.
12.O.3. All outdoor lighting shall be directed in
such a manner as to avoid "overspill" onto abutting residential
properties, or glare into the street.
12.O.4. Exterior alterations shall be minimized and
shall be similar to the original architectural style of the building.
12.O.5. In special situations where a building is
extremely dilapidated and structurally unsound and where re-use is therefore
not practicable or economically feasible, or where a building is not judged to
be a significant component of the neighborhood's overall architectural and historic
character, the Planning Board may approve plans to replace an existing residential
building with a proposed new professional office building whose scale and design
would be appropriate to the site and to the neighborhood.
12.P. Restaurants
12.P.1. The application for a permit shall state the
maximum seating capacity of the restaurant.
Any expansion or enlargement over the stated capacity shall require a
new permit.
12.P.2. When subsurface waste water disposal is proposed,
completed soil evaluation forms (HHE-200) shall be submitted. All proposed subsurface
disposal systems shall meet the Maine State Subsurface Wastewater Disposal rules.
12.P.3. Loading and waste disposal facilities shall
be located to the side or rear of the building, and shall be screened from
abutting residences within two hundred (200) feet. Screening shall be comprised
of a continuous landscaped area not less than eight (8) feet in width,
containing evergreen shrubs, trees, fences, walls, berms, or any combination,
forming a visual barrier not less than six (6) feet in height.
12.P.4. All restaurants must meet applicable State
of
12.Q. Schools,
Colleges, Churches, Fraternal Organizations, Not-for-Profit Clubs
Public and
private schools, colleges, churches, fraternal organizations, and
not-for-profit clubs shall meet the provisions below.
12.Q.1. A green strip, suitably landscaped, at least
twenty (20) feet wide shall be provided along all property lines, except where
driveways enter and exit.
12.Q.2. No building shall be closer than fifty (50)
feet from a property line.
12.Q.3. When adjacent to residences within two
hundred (200) feet, parking areas and outdoor activity areas shall be
effectively screened from view by a continuous vegetative barrier or stockade fence
not less than six (6) feet in height.
12.R. Wireless Telecommunications Facilities
The purpose of
this Ordinance is to provide a process and a set of standards for the
construction of wireless telecommunications facilities in order to: Implement a municipal policy concerning the
provision of wireless telecommunications services, and the citing of their
facilities;
Establish clear
guidelines standards and time frames for the exercise of municipal authority to
regulate wireless telecommunications facilities;
Allow
competition in telecommunications service;
Encourage the provision
of advanced telecommunications services to the largest number of businesses,
institutions and residents of the Town of
Permit and
manage reasonable access to the public rights of way of the Town of
Ensure that all
telecommunications carriers providing facilities or services within the Town of
Ensure the Town
of
Encourage the
co-location of wireless telecommunications facilities, thus helping to minimize
adverse visual impacts on the community;
Enable the Town
of Limington to discharge its public trust consistent with rapidly evolving
Federal and State regulatory policies, industry competition and technological
developments;
Further the
goals and policies of the Comprehensive Plan, while promoting orderly
development of the Town with minimal impacts on existing uses; and
Protect the
scenic and visual character of the community.
The location and installation of new transmitter towers and
alternative communication towers including the replacement of existing towers
shall conform to the following standards:
12.R.1. Design Criteria
12.R.1.A. The tower shall be a free standing monopole
design. Lattice style towers and similar
facilities requiring three (3) or more legs and/or guy wires for support are
not allowed unless the Planning Board determines that a monopole is not
suitable for the location and that the best interest of the Town will be served
by construction of a lattice style tower.
12.R.1.B. Except where dictated by Federal or State
requirements, the Planning Board, at its discretion, may require that a
proposed tower be camouflaged or designed to blend with its surroundings. This may include, but is not limited to,
having a galvanized finish, being painted gray or in a sky tone above the top
of surrounding trees and earth tone below treetop level, or being designed to
resemble a tree species similar to those in the area.
12.R.1.C. Carrier capacity. Wireless telecommunication towers shall be
designed to accommodate multiple carriers.
12.R.1.D. Lighting of towers shall be prohibited
unless required by the Federal Aviation Administration. Lighting shall be limited to that needed for
emergencies.
12.R.2. Setbacks
12.R.2.A. The tower shall be set back from all
property lines a distance equal to at least one hundred and fifty percent
(150%) of its height.
12.R.3. Landscaped
Buffer for
Unless existing
vegetation provides a buffer style at least the width of the minimum setback
for the zoning district, all property lines along the roadway or visible to
existing abutting or nearby buildings shall be landscaped as follows:
(a) 6-8’ high evergreen shrubs shall be placed
in an alternating pattern, averaging 5’ on center, within 15’ of the property
boundary.
(b) At least one row of deciduous, not less
than 2” caliper diameter and measured 4 ˝’ above ground and spaced an average
of twenty (20) feet apart and within twenty-five (25) feet of the property
boundary.
(c) In lieu of the foregoing planting
requirements, the Planning Board may determine that the existing vegetation may
be supplemented to achieve an equivalent means of minimizing the visual impact.
12.R.4. Requirements
of Other Entities
Proposals for
towers submitted after the effective date of this Ordinance amendment shall
meet all applicable requirements of Federal and State regulations before local
approval is given. The Planning Board
may waive this requirement if the applicant demonstrates that application has
been made for any relevant Federal and State approvals or, if no approvals are
required, that the project conforms to all Federal and State standards or that
there are not such standards that apply.
If the Planning Board approves an application prior to the applicant
receiving all Federal and/or State approvals, the Planning Board shall
condition its approval on the receipt of those other approvals.
12.R.5 Structural
Requirements
12.R.5.A. Towers shall be designed and installed in
accordance with the standards of the Electronic Industries Association (EIA)
Structural Standards for
12.R.5.A.1. Height.
A new wireless telecommunications facility must be no more than 185 feet
in height.
12.R.5.A.2. Structural Standards. A new wireless telecommunications facility
must comply with the current Electronic Industries Association/Telecommunications
Industries Association (EIA/TIA) 222 Revision Standard entitled :Structural
Standards for
12.R.5.B. The applicant’s engineer shall provide
documentation showing that the proposed tower meets or exceeds the current
standards of the American National Standards Institute ANSI/EIA/TIA-222-“E” for
York County relative to wind and 1/2 “ ice loads.
12.R.5.C. For towers placed on buildings or other
structures, the applicant shall also provide written certification that the
building itself is structurally capable of safely supporting the tower and its
accompanying equipment.
12.R.5.D. Visual Impact. The proposed wireless telecommunications
facility will have no unreasonable adverse impact upon designated scenic
resources within the Town, as identified either in the municipally adopted
Comprehensive Plan or by a State or Federal agency.
12.R.5.D.1. In determining the potential unreasonable
adverse impact of the facility upon the designated scenic resources, the
Planning Board shall consider the following factors:
a. The extent to which the proposed wireless telecommunications
facility is visible above the tree line, from the viewpoint(s) of the impacted
designated scenic resource;
b. the type, number, height, and proximity of
existing structures and features, and background features within the same line
of sight as the proposed facility;
c. the extent to which the proposed wireless
telecommunications facility would be visible from the viewpoint(s);
d. the amount of vegetative screening;
e. the distance of the proposed facility from
the viewpoint and the facility’s location within the designated scenic
resource; and
f. the presence of reasonable alternatives that
allow the facility to function consistently with its purpose.
12.R.5.E. Noise.
During construction, repair or replacement, operation of a back-up power
generator at any time during a power failure, and testing of a back-up
generator between
12.R.5.F. Historic & Archaeological
Properties. The proposed facility, to
the greatest degree practicable, will have no unreasonable adverse impact upon
a historic district, site or structure which is currently listed on or eligible
for listing on the National Register of Historic Places.
12.R.6 Approval
Process
No person shall
construct or expand a wireless telecommunication facility without approval of
the Planning Board or Code Enforcement Officer as follows:
12.R.6.1. Expansion of an Existing Facility and
Co-location. Approval by the Code
Enforcement Officer is required for any expansion of an existing wireless
telecommunication facility that increases the height of the facility by no more
than twenty (20) feet; accessory use of an existing wireless telecommunications
facility; or co-location on an existing wireless telecommunications facility.
12.R.6.2. New Construction. Approval of the Planning Board is required
for construction of a new wireless telecommunications facility; and any
expansion of an existing wireless telecommunications facility that increases
the height of the facility more than twenty (20) feet.
12.R.7. Approval Authority
The
Planning Board shall review applications for wireless telecommunications
facilities and make written findings on whether the proposed facility complies
with this Ordinance.
12.R.8. Approval Process
12.R.8.1. Pre-Application
Conference. All persons seeking
approval of the Planning Board or Code Enforcement Officer under this Ordinance
shall meet with the Code Enforcement Officer no less than fourteen (14) days
before filing an application. At this
meeting the Code Enforcement Officer shall explain to the applicant the
Ordinance provisions, as well as application forms and submissions that will be
required under this Ordinance.
12.R.8.2. Application. All persons seeking approval of the Code
Enforcement Officer or the Planning Board under this Ordinance shall submit an
application as provided below. The Code
Enforcement Officer shall be responsible for ensuring that notice of the
application has been published in a newspaper of general circulation in the
community.
12.R.8.3. Application
for Code Enforcement Officer Approval.
Applications for permit approval by the Code Enforcement Officer must
include the following materials and information:
12.R.8.3.A. Documentation of the applicant’s right,
title, or interest in the property where the facility is to be sited, including
name and address of the property owner and the applicant.
12.R.8.3.B. A copy of the FCC license for the facility
or a signed statement from the owner or operator of the facility attesting that
the facility complies with current FCC regulations.
12.R.8.3.C. Identification of districts, sites,
buildings, structures or objects, significant in American history,
architecture, archaeology, engineering or culture, that are listed, or eligible
for listing in the National Register of Historic Places (see 16 U.S.C. 470w(5);
36 CFR 60 and 800).
12.R.8.3.D. Location map and elevation drawings of the
proposed facility and any other proposed structures, showing color, and
identifying structural materials.
12.R.8.3.E. For proposed expansion of a facility, a
signed statement that commits the owner of the facility, and his or her
successors in interest, to:
1. Respond in a timely, comprehensive manner
to a request for information from a potential co-location applicant, in
exchange for a reasonable fee not in excess of the actual cost of preparing a
response.
2. Negotiate in good faith for shared use by
third parties.
3. Allow shared use if an applicant agrees in
writing to pay reasonable charges for co-location.
4. Require no more than a reasonable charge for
shared use, based on community rates and generally accepted accounting
principles. This charge may include, but
is not limited to, a pro rata share of the cost of site selection, planning project
administration, land costs, site design, construction and maintenance,
financing, return on equity, depreciation, and all of the costs of adopting the
tower or equipment to accommodate a shared user without causing electromagnetic
interference.
12.R.8.4. Application for Planning Board Approval. An application for approval by the Planning
Board must be submitted to the Code Enforcement Officer. The application must include the following
information:
12.R.8.4.A. Documentation
of the applicant’s right, title, or interest in the property on which the
facility is to be sited, including name and address of the property owner and
the applicant.
12.R.8.4.B. A copy of the
FCC license for the facility, or a signed statement from the owner or operator
of the facility attesting that the facility complies with current FCC
regulations.
12.R.8.4.C. A USGA 7.5
minute topographic map showing the location of all structures and wireless
telecommunications facilities above one hundred and fifty (150) feet in height
above ground level, except antennas located on roof tops, within a five (5)
mile radius of the proposed facility, unless this information has been
previously made available to the municipality.
This requirement may be met by submitting current information (within
thirty (30) days of the date the application is filed) from the FCC Tower
Registration Database.
12.R.8.4.D. A site plan:
1.
Prepared
and certified by a professional engineer registered in Maine indicating the
location, type, and height of the proposed facility, antenna, capacity, o-site
and abutting off-site land uses, means of access, setbacks from property lines,
and all applicable American National Standards Institute (ANSI) technical and
structural codes.
2. Certification by the applicant that the
proposed facility complies with all FCC standards for radio emissions is
required.
3. A boundary survey for the project
performed by a land surveyor licensed by the State of
12.R.8.4.E. A scenic
assessment consisting of the following:
1. Elevation drawings of the proposed
facility and any other proposed structures, showing height above ground level.
2. A landscaping plan indicating the proposed
placement of the facility on the site; location of existing structures, trees,
and other significant site features; the type and location of plants proposed
to screen the facility; the method of fencing; the color of the structure and
the proposed lighting method.
3. Photo simulations of the proposed facility
taken from perspectives determined by the Planning Board, or their designee,
during the pre-application conference.
Each photo must be labeled with the line of sight, elevation, and with
the date taken imprinted on the photograph.
The photos must show the color of the facility and method of screening.
4. A narrative discussing:
a. The extent to which the proposed facility
would be visible from or within a designated scenic resource.
b. The tree line elevation of vegetation with
one hundred (100) feet of the facility.
c. The distance to the proposed facility from
the designated scenic resources noted viewpoints.
12.R.8.4.F. A written
description of how the proposed facility fits into the applicant’s
telecommunications network. This
submission requirement does not require disclosure of confidential business
information.
12.R.8.4.G. Evidence
demonstrating that no existing building, site, or structure can accommodate the
applicant’s proposed facility, the evidence for which may consist of any one or
more of the following:
1. Evidence that no existing facilities are
located within the targeted market coverage area as required to meet the
applicant’s engineering requirements.
2. Evidence that existing facilities do not
have sufficient height or cannot be increased in height at a reasonable cost to
meet the applicant’s engineering requirements.
3. Evidence that existing facilities do not
have sufficient structural strength to support applicant’s proposed antenna and
related equipment. Specifically:
a. Planned, necessary equipment would exceed
the structural capacity of the existing facility, considering the existing and
planned use of those facilities, and these existing facilities cannot be
reinforced to accommodate the new equipment.
b. The applicant’s proposed antenna or
equipment would cause electromagnetic interference with the antenna on the
existing towers or structure, or the antenna or equipment on the existing
facility would cause interference with the applicant’s proposed antenna.
c. Existing or approved facilities do not
have space on which planned equipment can be placed so it can function
effectively.
4. For facilities existing prior to the
effective date of this Ordinance, the fees, costs, contractual provisions
required by the owner in order to share or adapt an existing facility are
unreasonable. Costs exceeding the pro
rata share of a new facility development are presumed to be unreasonable. This evidence shall also be satisfactory for
a tower built after the passage of this Ordinance.
5. Evidence that the applicant has made
diligent good faith efforts to negotiate co-location on an existing facility,
building, or structure, and has been denied access.
12.R.8.4.H. Identification of districts, sites,
buildings, structures or objects, significant in American history,
architecture, archaeology, engineering or culture, that are listed or eligible
for listing in the National Register of Historic Places (see 16 U.S.C. 470w(5);
36 CFR 60 and 800); and identification of environmental effects of any facility
pursuant to the requirements of the National Environmental Policy Act (NEPA).
12.R.8.4.I. A signed statement stating that the owner
of the wireless telecommunications facility and his or her successors and
assigns agree to:
3. Respond in a timely, comprehensive manner
to a request for information from a potential co-location applicant, in
exchange for a reasonable fee not in excess of the actual cost of preparing a
response.
4. Negotiate in good faith for shared use of
the wireless telecommunications facility by third parties.
5. Allow shared use of the wireless
telecommunications facility if an applicant agrees in writing to pay reasonable
charges for co-location.
6. Require no more than a reasonable charge
for shared use, based on community rates and generally accepted accounting
principles. This charge may include, but
is not limited to, a pro rata share of the cost of site selection, planning
project administration, land costs, site design, construction, financing,
return of equity, depreciation, and all of the costs of adapting the tower or
equipment to accommodate a shared user without causing electromagnetic
interference. The amortization of the
above costs by the facility owner shall be accomplished at a reasonable rate,
over the useful life span of the facility.
12.R.8.4.J. A form of surety approved by the Planning
Board to pay for the costs of removing the facility if it is abandoned.
112.R.8.4.K. Evidence that a notice of the application has
been published in a local newspaper of general circulation in the community.
12.R.9. Submission
Waiver
The Code
Enforcement Officer or Planning Board, as appropriate, may waive any of the
submission requirements based upon a written request of the application
submitted at the time of the application.
A waiver of any submission requirements may be granted only if the Code
Enforcement Officer or Planning Board finds in writing that due to the special
circumstances of the application, the information is not required to determine
compliance with the standards of this Ordinance.
12.R.10. Abandonment
12.R.10.A. It shall be responsibility of the owner of a
tower to notify the Code Enforcement Officer of the date of abandonment or
cessation of use of the tower within one (1) month from the date of such
abandonment or cessation. If the owner
shall fail to give the notice required by this paragraph, the Code Enforcement
Officer shall make a determination of such date, which determination shall be
conclusive as to such date.
12.R.10.B. In the case of an abandoned tower, it shall be
removed by the owner of the tower with one (1) year of its abandonment or
cessation of use. Abandoned structures
associated with abandoned towers shall also be removed. If the owner of the abandoned tower fails to
remove the tower, the owner of the property on which the tower is located shall
be responsible for its removal.
12.R.11. Co-location
Except as
otherwise provided below, a new wireless telecommunications facility and
related equipment must be designed and constructed to accommodate expansion for
the future co-location of at least three (3) additional wireless telecommunications
facilities or providers. However, the
Planning Board may waive or modify this standard where the district height
limitation effectively prevents future co-location.
12.R.11.A. Tower applicants must send written notice by
pre-paid first class
1. Planned equipment would exceed the structural
capacity of existing and approved towers, considering the existing and planned
use of those towers, and existing and approved towers cannot be reinforced to
accommodate planned or equivalent equipment at a reasonable cost, as defined
below.
2. Planned equipment will cause radio wave
frequency interference with other existing or planned equipment for that tower,
and the interference cannot be prevented as at reasonable cost as defined
below.
3. Existing or approved towers do not have
space on which planned equipment can be placed so it can function effectively
and at least in parity with other similar equipment in place or approved.
4. Other reasons that make it impracticable
to place the equipment planned by the applicant on existing and approved
towers.
12.R.11.B. Shared use shall be conditioned on the
applicant’s agreement to pay a reasonable fee and cost of adapting existing
facilities to the proposed use.
1. Such costs shall be pertinent to the
southern
2. These may include, but not limited to,
reasonable costs for reinforcing the tower or structure, for preventing radio
wave frequency interference and other changes reasonably required to
accommodate shared use.
3. The fee and costs for shared use are
unreasonable, among other reasons, if they exceed the cost of the proposed
tower.
12.R.11.C. Once the Planning Board has determined that
telecommunication equipment proposed by the applicant cannot be accommodated on
an existing or approved tower, each tower so found is presumed unable to accommodate
similar equipment that may be proposed in the future.
12.R.11.D. A proposal to construct a new tower taller
than one hundred (100) feet must include evidence that it can structurally
support a minimum of three (3) antenna arrays.
12.R.11.E. The Planning Board may require evidence of
structural support to accommodate additional arrays for non-monopole towers.
12.R.12. Interest
of Telecommunication Entity
A proposal to construct a tower
must include evidence that a telecommunication or other entity proposes to
locate on or use the tower.
12.R.13. Lighting
A tower shall
be lighted only if it is required by a Federal or State agency or if the
Planning Board finds that lighting of the tower is needed due to its location
with respect to the
12.R.14. Security
The base of the
tower shall be made non-accessible to unauthorized persons by the installation
of a fence designed to deter such access.
12.R.15. Non-conformance
Towers existing
before the effective date of this Ordinance which do not comply with these
performance standards or with the use or dimensional requirements of the zoning
district in which they are located, may continue to be used. The addition, removal, or re-location of telecommunication
antennas on such towers shall not constitute the expansion or enlargement of
the non-conforming use and does not require review by the Planning Board,
provided the total height of the tower, including attached devices, is not
increased.
12.R.16. Inspection
Inspection of
communication towers by a licensed structural engineer shall be required to
ensure structural integrity. Such
inspections shall be at the owner’s expense and required as follows:
A All towers – upon completion of construction.
B. Monopole towers – at least once every ten
(10) years.
C. Self-support towers – at least once every
five (5) years.
D. Guyed towers – at least once every three
(3) years.
The inspection
report shall be provided to the Code Enforcement Officer within thirty (30)
days of its receipt by the tower owner.
Based upon results of the inspection the Town may require the repair or
removal of the communication tower.
12.S. Small Wind Energy Systems
The purpose of this Ordinance is to regulate the placement and construction of small wind energy systems in order to promote their safe, efficient and effective use.
12.S.1. Authority
All small wind energy systems not exceeding a total height of one hundred (100) feet, shall be administered with a building permit from the Code Enforcement Officer (CEO).
12.S.2. Design
Criteria
A. No tower, including blades, shall be above one hundred (100) feet in height. For property sizes equal to or great than five (5) acres, the total number of small wind energy systems shall not exceed three (3). Each system shall be separated at its base by 1.2 times its total height. Each system shall have a maximum 25 Kw turbine.
B. All small wind energy towers shall be set back a minimum horizontal distance of 1.1 times the total height of the tower from property lines, public rights-of-way, easements and dwelling units. New dwelling units shall not be constructed within the fall zone area after a small wind energy system has been constructed and is operating.
C. For all systems, the minimum distance between the ground and any protruding blades shall be twenty (20) feet as measured at the lowest point of the arc of the blade or twenty (20) feet above the highest point of any structure or obstacle within twenty (20) feet from the base of the turbine.
D. It is preferred the tower be a monopole and maintain a galvanized steel finish unless the owner is attempting to conform the tower to the surrounding environment and architecture, in which case it may be painted to reduce visual obtrusiveness. An alternative, engineered design satisfactory to the Code Enforcement Officer may be considered.
E. Towers shall not display any permanent or temporary signs, writing, symbols, logos, or any graphic representation of any kind, except appropriate manufacturer’s or installer’s identification and warning signs.
F. No tower shall be lighted unless required by the FAA.
G. Wind energy towers shall meet the criteria for noise in Section 11.G. of this Ordinance.
H. No tower shall have a climbing apparatus within twelve (12) feet of the ground. All access doors or access ways to the tower and electrical equipment shall be lockable.
I. The system shall be operated and located such that no disruptive electromagnetic interference with signal transmission or reception is caused beyond the site. If it has been demonstrated that the system is causing disruptive interference beyond the site, the system operator shall promptly eliminate the disruptive interference or cease operation of the system.
J. All small wind energy systems shall be equipped with both manual and automatic over speed controls.
12.S.3. Submission
Requirements
A. A site plan drawn to scale showing the location of the proposed small wind energy system, locations of all existing buildings within the fall zone, structures and property lines along with distances.
B. Elevation of the site to scale showing the height, design and configuration of the small wind energy system and the height and distance to all existing structures, buildings, electrical lines and property lines.
C. Manufacturer’s drawings and engineering analysis of the system’s tower including weight capacity.
D. Documentation from the manufacturer that the small wind energy system will reduce noise levels in compliance with Section 11.G. of this Ordinance.
E. Specifications and drawings, including power generation capacity of the generator, hub and blade prepared by the manufacturer or a professional engineer. This shall include the height of the tower.
F. Structural drawings of the wind tower, base or foundation, prepared by the manufacturer or a professional engineer. If attachment to an existing structure is proposed, a description or drawing acceptable to the Code Enforcement Officer shall be submitted.
G. If connection to the publicly regulated grid is proposed, a copy of the contract between applicant and utility verifying that the proposed
connection is acceptable, and/or other evidence making clear that the
Utility is aware of the proposed connection and finds it acceptable.
H. Any additional information deemed necessary by the Code Enforcement Officer.
12.S.4. State and Federal Requirements
A. All small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. Evidence of compliance or non-applicability shall be submitted with the application.
B. All small wind energy systems must comply with applicable building code, National Electric Code, and other State and Federal requirements.
12.S.5. Removal of Unsafe Small Wind Energy Systems
Any small wind energy system found unsafe by the CEO shall be shut down immediately and repaired by the owner to meet all federal, state, and local safety standards or removed. If the owner fails to repair or remove the system as directed, the CEO may pursue legal action to have the system removed at the owner’s expense.
12.S.6. Abandonment
A small wind energy system which is not generating electricity for twelve (12) consecutive months shall be deemed abandoned and shall be dismantled and removed from the property within six (6) months at the expense of the property owner.
12.S.7. Administration
A. The Code Enforcement Officer may attach reasonable conditions to approvals to ensure conformity with the purposes and provisions of this Ordinance. The CEO may condition final approval on receipt of copies of all State or Federal permits required by the project.
B. All approvals shall expire within one (1) year of the date of issuance unless work thereunder is substantially commenced within one (1) year from the date of approval. If work is not substantially completed within two (2) years from the date of issue, a new application may be required by the Code Enforcement Officer.
DEFINITIONS
Small Wind Energy System: A wind energy system consisting of a maximum 25 Kw wind turbine, a maximum one hundred (100) foot high tower, footings, electrical infrastructure, fence and any other associated equipment or structures.
Tower: The vertical component of a small wind energy system that elevates the wind turbine generator and attached blades above the ground.
Total Height: The vertical distance measured from a point on the ground at the original grade to the highest point of the wind turbine blade (or other component) when the tip is at full vertical.
Wind Turbine: The parts of the wind energy system including the blades, generator, and tail.
Fall Zone: An area 1.1 times the total height of the small wind energy system.
Article 13. Enforcement
and Penalties
13.A. Enforcement
Officer
13.A.1. It shall be the duty of the Code Enforcement
Officer to enforce the provisions of this Ordinance. If the Code Enforcement
Officer shall find that any provision of this Ordinance is being violated, he
shall notify, in writing, the person responsible for such violations, indicating
the nature of the violations and ordering the action necessary to correct it.
The Code Enforcement Officer shall order the removal of illegal buildings,
structures, additions or work being done, or shall take any other action
authorized by this ordinance to insure compliance with, or to prevent violation
of, its provisions. A copy of such
notices shall be submitted to the Municipal Officers and be maintained as a
permanent record.
13.A.2. The Code Enforcement Officer should maintain
a current file of all pertinent Federal, State and local statutes, ordinances,
regulations, codes, and plans relating to land-use regulation including local
subdivision plans.
13.A.3. The Code Enforcement Officer shall keep a
complete record of all essential transactions of the office, including
applications submitted, permits granted or denied, variances granted or denied,
revocation actions, revocations of permits, appeals of court actions,
violations investigated, violations found, and fees collected. On an annual
basis, a summary of this record for all activity within the Shoreland Zone
shall be submitted to the Director of the Bureau of Land and Water Quality
within the Department of Environmental Protection.
13.B. Legal Action
and Violations
When any
violation of any provision of this Ordinance shall be found to exist, the
Municipal Officers, upon notice from the Code Enforcement Officer, are hereby
directed to institute any and all actions and proceedings, either legal or
equitable, including seeking injunctions and the imposition of fines, that may
be appropriate or necessary to enforce the provisions of this Ordinance in the
name of the Town of Limington. The Municipal Officers, or their authorized
agents, are hereby authorized to enter into administrative consent agreements
for the purpose of eliminating violations of this Ordinance and recovering
fines without court action. Such agreements shall not allow an illegal
structure or use to continue unless the removal of the structure or use will
result in a threat or hazard to public health and safety or will result in
substantial environmental damage.
13.C. Fines
Any person
being the owner, contractor or having control or use of any structure or
premises who violates any of the provisions of this Ordinance shall, upon
conviction, be fined in accordance with provisions of 30-A M.R.S.A. §4452. Each
day such a violation is permitted to exist after notification shall constitute
a separate offense. Fines shall be payable to the town.
Article
14. Board of Appeals
14.A. Establishment
and Organization
A Board of
Appeals is hereby established in accordance with the provisions of 30-A
M.R.S.A. Section 2691, which shall consist of five (5) members and two (2) associate
members. The term of office of a member or associate is five (5) years serving
staggered terms. A municipal officer or
his spouse may not be a member or associate member of the Board of Appeals.
When a regular member of the Board of Appeals is unable to act because of
interest, physical incapacity or absence, an associate member chosen by the
chairperson shall act in his stead. Members
of the Board of Appeals shall be appointed by the municipal officers. When
there is a permanent vacancy, the municipal officers shall appoint a new member
to serve for the remainder of the unexpired term. Members of the Board of
Appeals may be removed from office by the municipal officers for cause upon
written charges and after public hearing. "For cause" shall include
failure of a board member or associate to attend three (3) consecutive meetings
without the recorded consent of the chairman. The Board of Appeals shall elect
officers from its own membership.
14.B. Proceedings of
the Board of Appeals
The Board of
Appeals shall adopt rules necessary to the conduct of its affairs, in keeping
with the provisions of this Ordinance and Title 30-A M.R.S.A., Section 2691.
Meetings shall be held at the call of the chairman and at such other times as
the Board of Appeals may determine. The chairperson, or in his absence, the
vice chairperson, may administer oaths. All
meetings shall be open to the public. The Board of Appeals shall keep minutes
of its proceedings, showing the vote of each member upon each question, or of
absence or failure to vote, and shall keep records of its examinations and
other official actions, all of which shall be a public record and be filed in
the Town Clerk’s office.
14.C. Powers and
Duties of the Board of Appeals
The Board of
Appeals shall have the following powers:
14.C.1. Administrative
Review
14.C.1.A. To hear and decide appeals, on a de novo basis,
where it is alleged by an aggrieved party that there is a violation or error in
any order, requirement, decision, or determination made by the Code Enforcement
Officer or Planning Board in the administration and enforcement of this Ordinance,
or any appeal designated an administrative appeal in this Ordinance.
14.C.1.B. To determine whether the criteria of this Ordinance
for administrative appeals have been met.
14.C.2. Variances. To authorize variances upon appeal in
specific cases, but only within the limitations set forth in this Ordinance.
14.C.3. Interpretations
of the Ordinance.
14.D. Variances
Variances may
be granted only under the following conditions:
14.D.1. Variances may be granted only from
dimensional requirements including, but not limited to, lot width, structure
height, percent of lot coverage, and setback requirements.
14.D.2. Variances cannot, under any
circumstances, be obtained for establishment of any uses otherwise prohibited
by the Ordinance.
14.D.3. The Board of Appeals shall not grant
a variance unless it finds that:
14.D.3.A. That the land in question cannot yield a
reasonable return unless a variance is granted.
14.D.3.B. That the need for a variance is due to the
unique circumstances of the property and not to the general conditions in the
neighborhood.
14.D.3.C. That the granting of a variance will not
alter the essential character of the locality.
14.D.3.D. That the hardship is not the result of action
taken by the applicant or a prior owner.
14.D.3.E. That the proposed structure or use is in a Shoreland
zone and would meet all the performance standards contained in Article 11 except
for the provision which has created the non-conformity and from which relief is
sought.
14.D.4. Such hardship may be found by the Board of
Appeals where this Ordinance, as applied to the applicant's property,
substantially destroys or decreases the value of the property in question for
any permitted use to which the land or property can reasonably be put. Mere inconvenience
to the property owner shall not satisfy this requirement. Financial hardship
alone or pleading that a greater profit may be realized from the applicant's property
were a variance granted shall not be sufficient evidence of unnecessary
hardship. Personal hardship shall not be
considered as grounds for a variance, since the variance will continue to
affect the character of the neighborhood after title to the property has passed.
14.D.5. The variance granted is the minimum variance
that will make possible the reasonable use of the land or structure in order to
preserve the terms of the ordinance as much as possible, and the Board of
Appeals may impose such conditions to a variance as it deems necessary, to this
end. The party receiving the variance shall comply with any conditions imposed.
If no action is taken by the applicant to use the variance within one (1) year
of issuance it shall become void, unless the applicant applies to the Board of
Appeals and receives an extension.
14.D.6. Whenever the Board of Appeals grants
a variance a certificate indicating the name of the current property owner,
identifying the property by reference to the last recorded deed in its chain of
title, and indicating the fact that a variance, including any conditions on the
variance, has been granted and the date of the granting, shall be prepared. No
rights may accrue to the variance recipient, heirs, or assigns unless and until
the recording is made within thirty (30) days.
14.D.7. Shoreland Zone 0nly
A copy of each variance request,
including the application and all supporting information supplied by the
applicant, shall be forwarded by the municipal officials to the Commissioner of
the Department of Environmental Protection at least twenty (20) days prior to
action by the Board of Appeals. Any
comments received from the Commissioner prior to action by the Board of Appeals
shall be made part of the record and shall be taken into consideration by the
Board of Appeals.
14.D.8. Disability
Variance
Not withstanding
section 14.D.3. above, the Board of Appeals may grant a variance to an owner of
a residential dwelling for the purpose of making that dwelling accessible to a
person with a disability who resides in or regularly uses the dwellings. The
Board of Appeals shall restrict any variance granted under this subsection
solely to the installation of equipment or the construction of structures
necessary for access to or egress from the dwelling by the person with the
disability. The Board of Appeals may impose conditions on the variance,
including limiting the variances to the duration of the disability or to the
time that the person with the disability lives in the dwelling. For the purposes
of this subsection, a disability has the same meaning as a physical or mental handicap
under Title 5 M.R.S.A., Section 4553, and the term "structures necessary
for access to or egress from the dwelling" is defined to include railing,
wall roof systems necessary for the safety or effectiveness of the structure.
14.E. Appeal
Procedure
14.E.1. Making
an Appeal
14.E.1.A. An appeal may be taken to the Board of
Appeals by an aggrieved person from any decision of the Code Enforcement Officer
or Planning Board, except for enforcement related matters as described in
Section 14.C.1.A. above. Such an appeal shall be taken within thirty (30) days
of the official, written decision appealed from.
14.E.1.B. Applications for appeals shall be made by
filing with the Board of Appeals a written notice of appeal on forms provided
which includes:
14.E.1.B.1
A sketch drawn to scale showing lot
lines, location of existing structures and other physical features of the lot pertinent
to the relief request.
14.E.1.B.2
A concise written statement stating
what relief is requested and why the appeal or variance should be granted.
14.E.1.C. When appeals are filled, they shall be
examined for completeness and accuracy, and particularly to determine whether all
information necessary to make determinations has been supplied. Where
information is lacking or inadequate at the time of submission and the
deficiency cannot be remedied immediately, the applicant shall be notified in
writing of the incompleteness. If the additional information is not received
prior to the date the public notice of the hearing must be issued, a hearing
shall not be scheduled until such deficiency is remedied.
14.E.1.D. Upon receiving an application for an appeal
or a variance, the Code Enforcement Officer or Planning Board shall transmit to
the Board of Appeals all the papers specifying the record of the decision
appealed from. Each appeal shall be accompanied by a fee to cover advertising
and administrative costs.
14.E.1.E. The Board of Appeals shall hold a public hearing
on an appeal or a request for a variance within thirty five (35) days of its
receipt of a complete written application, unless this time period is extended
by the parties.
14.E.2. Procedure on Appeal
14.E.2.A. At least fifteen (15) days prior to the date
of the hearing on such appeal, the Board of Appeals shall cause to be published
in one issue in a newspaper of general circulation in the Town a notice which
includes:
14.E.2.A.1.
The name of the person appealing.
14.E.2.A.2. A brief description of the property
involved.
14.E.2.A.3.
A brief description of the decision
appealed from, or the nature of a variance appeal.
14.E.2.A.4.
The time and place of the Board of
Appeal's hearing.
14.E.2.B. At least ten (10) days prior to the date set
for hearing, the Board of Appeals shall also cause the Town Clerk to give
similar written notice to:
14.E.2.B.1.
All property owners of record whose
properties lie within two hundred (200) feet of the affected property,
14.E.2.B.2. The person making the appeal, and
14.E.2.B.3.
The Planning Board, the Code
Enforcement Officer, and any other parties of record.
14.E.3. Hearings
14.E.3.A. The Board of Appeals may receive any oral or
documentary evidence but shall provide as a matter of policy for the exclusion
of irrelevant, immaterial or unduly repetitious evidence. Every party shall
have the right to present his case or defense by oral or documentary evidence,
to submit rebuttal evidence and to conduct such cross-examinations as may be
required for a full and true disclosure of the facts.
14.E.3.B. The appellant's case shall be heard first. To
maintain orderly procedure, each side shall proceed without interruption. All
persons at the hearing shall abide by the order of the Chairperson.
14.E.3.C. At any hearing, a party may be represented by
agent or attorney. Hearings shall not be continued to other times except for
good cause. For example, if the Board of Appeals determines that the appeal
before it was inappropriately classified the Board of Appeals shall give the
applicant the opportunity to amend the application and continue the hearing
until the public has been properly notified of the appeal's reclassification
and of the time and place when the hearing will continue.
14.E.3.D. The Code Enforcement Officer or his
designated assistant shall attend all hearings and may present to the Board of
Appeals all plans, photographs, or other material he deems appropriate for an
understanding of the appeal.
14.E.3.E. The transcript of testimony, if any, and
exhibits, together with all papers and requests filed in the proceedings, shall
constitute the record.
14.E.3.F. The record may be kept open after the
hearing by order of the Chairman until a date established by the order.
14.F. Decisions of
the Board of Appeals
14.F.1. A majority of the full voting membership
of the Board of Appeals shall constitute a quorum for the purpose of deciding
an appeal.
14.F.2. The person filing the appeal shall have
the burden of proof.
14.F.3. The Board of Appeals shall decide all
administrative and variance appeals within thirty five (35) days after the
hearing, and shall issue a written decision on all appeals.
14.F.4. All decisions shall become a part of the
record and shall include a statement of findings of fact and conclusions of law
as well as the reasons or basis therefore, upon all the material issues of
fact, law or discretion presented, and the appropriate order, relief or denial
thereof. Notice of any decision shall be
mailed or hand delivered to the petitioner, his representative or agent, the
Planning Board, agency or office, the Code Enforcement Officer, and the
Municipal Officers within seven (7) days of the decision date.
For Shoreland Zoning: The
Board of Appeals shall state the reasons and basis for its decisions, including
a statement of the facts found and conclusion reached by the Board. The Board of Appeals shall cause written
notice of its decision to be mailed or hand delivered to the applicant and to
the Department of Environmental Protection (if the decision pertains to
Shoreland zoning issues) within seven (7) days of the Board of Appeal’s
decision. Copies of the written
decisions of the Board of Appeals shall be given to the Planning Board, Code
Enforcement Officer and the Municipal Officers.
14.F.5. Upon notification of the granting of an
appeal by the Board of Appeals, the Code Enforcement Officer shall immediately
issue a permit in accordance with the conditions of the approval, unless the
applicant needs a Conditional Use Permit.
14.F.6. Except as provided by 30-A M.R.S.A.
Section 2691(3)(F), any aggrieved party who participated as a party during the
proceedings before the Board of Appeals may take an appeal to Superior Court in
accordance with State laws within forty-five (45) days from the date of any
decision of the Board of Appeals.
14.G. Stay of
Proceedings
An appeal stays
all legal proceedings related to the action appealed from unless the officer or
board from whom the appeal is taken certifies to the Board of Appeals, after
the notice of appeal has been filed with the officer or board, that by reason
of facts stated in the certificate a stay would, in the officer or board's
opinion, cause irreparable harm to property or create a threat to the life or
health of any person including the appellant. In such case, the officer or
board, if legally authorized by State law or local ordinance, may seek
injunctive relief or, in appropriate cases, refer the matter to the Municipal Officers
for prosecution.
14.H. Reconsideration
In accordance
with 30-A M.R.S.A., Section 2691(3) (F), the Board of Appeals may reconsider
any decision within forty-five (45) days of its prior decision. A request to
the Board of Appeals to reconsider a decision must be filed within (10) days of
the decision that is being reconsidered.
A vote to reconsider and the action taken on that reconsideration must
occur and be completed within forty-five (45) days of the date of the vote on
the original decision. Reconsideration
of a decision shall require a positive vote of the majority of the Board of
Appeals members originally voting on the decision, and proper notification to
the landowner, petitioner, Planning Board, Code Enforcement Officer, and other
parties of interest, including abutters and those who testified at the original
hearing(s). The Board of Appeals may
conduct additional hearings and receive additional evidence and testimony.
Appeal of a
reconsidered decision to Superior Court must be made within fifteen (15) days
after the decision on reconsideration.
Article 15. Legal Status Provisions
15.A. Conflict with
Other Laws
Whenever a
provision of this Ordinance conflicts with or is inconsistent with another
provision of this Ordinance or of any other Ordinance, regulation or statute,
the provision imposing the greater restriction upon the use of land, buildings
or structures shall control.
15.B. Severability
Should any
section or part of a section or any provision of this Ordinance be declared by
the courts to be unconstitutional or invalid, such declaration shall not affect
the validity of the Ordinance as a whole or any part thereof other than the
part so declared to be unconstitutional or invalid.
15.C. Repeal of
Prior Ordinances
All prior Land
Use or Zoning Ordinances, with the exception of the Subdivision Rule and
Regulations adopted by the Town of
15.D. Effective Date
This Ordinance
shall take effect and be in force from the date of its adoption.
Article 16.
Amendments
16.A Initiation
A proposal for an amendment to the Ordinance may be initiated by:
16..1A. The
Planning Board, by majority vote of the Board.
16.A.2. The
Municipal Officers, through a request to the Planning Board.
16.A.3. An
individual, through a request to the Planning Board
16.A.4. A
written petition of a number of voters equal, to at least ten percent (10%), of
the number of votes cast in Limington in the last gubernatorial election.
16.B Procedure
16.B.1. Any
proposal for an amendment shall be made to the Planning Board in writing
stating the specific changes requested.
When a change in zoning boundaries is proposed, the application shall
state the nature, extent, and location of the boundary change proposal, and
shall be accompanied by a scale drawing showing the areas to be changed, with
dimensions. When an amendment is
proposed (a) by the Municipal Officers; (b) by the Planning Board, or (c) by
petition, as set forth in Article 16.1.D. above, then such proposal need not be
accompanied by any fee. In all other
cases, a fee shall accompany any amendment proposal to cover the costs of
hearings, and advertisements.
16.B.2.. Within
thirty (30) days of receiving an amendment proposal the Planning Board shall
hold a public hearing on the proposed amendment, and unless the amendment has
been submitted by the Municipal Officers or by a petition, the Board shall vote
whether to forward the amendment to the Municipal Officers. The Board shall make a written recommendation
regarding passage to the Municipal Officers and Legislative Body prior to any
action on the amendment by the Municipal Officers.
16.B.3. The
Municipal Officers shall hold a public hearing on the proposed amendment. Notice of the hearing shall be posted and
advertised in a newspaper of general circulation in the municipality at least
seven (7) days prior to the hearing. The
notice shall contain the time, date, and place of hearing, and sufficient detail
about the proposed changes as to give adequate notice of their content. If the proposed changes are extensive, a
brief summary of the changes, together with an indication that a full text is
available at the municipal clerk’s office shall be adequate notice.
16.B.4. Proposed
amendments in the Shoreland Zone must be submitted to the State of Maine
Department of Environmental Protection pursuant to the provision of 38
M.R.S.A., Section 435-449.
16.C Adoption
Amendments to this Ordinance shall be adopted by the legislative
body by referendum ballot.