Augusta City Zoning Code
ARTICLE III
Zoning District Requirements
§ 300-314 Urban Growth Area.
[Amended 4-20-2017 by Ord. No. 17-069; 8-1-2024 by Ord. No. 24-104]
A.
The Urban Growth Area, as defined on the land use map of the 2023 Comprehensive Plan, includes the City's built-up portions. Building trends in this area indicate that it is primarily infilled and that redevelopment is beginning to occur. The Urban Growth Area is the area of the City where Augusta wishes to contain higher density and compact development. Water, sewer and storm drainage utilities are generally available or are planned to serve this area. Special attention is given to the area to protect residential areas from adverse impacts that may result from other land use activities, to retain its visual gateways into the City, to unify the capital complexes on both sides of the river with the downtown and Western Avenue, and to improve the City's image.
§ 300-314.1 Residential Districts.
[Amended 12-6-1993 by Ord. No. 311; 12-18-1995 by Ord. No. 302; 6-3-1996 by Ord. No. 463; 8-19-1996 by Ord. No. 542; 10-21-1996 by Ord. No. 606; 7-17-2000 by Ord. No. 412; 2-12-2001 by Ord. No. 21; 4-2-2001 by Ord. No. 50; 10-25-2004 by Ord. No. 152; 2-20-2007 by Ord. No. 028; 4-20-2017 by Ord. No. 17-069; 8-1-2024 by Ord. No. 24-104]
The Residential District regulations are based on conventional zoning standards, listing permitted and conditional uses as well as minimum dimensional requirements.
A.
Low Density Residential District (RA).
(1)
Purpose. The RA District is established as a zoning district in which the principal use of land is for low-density residences which will encourage the development of attractive neighborhood living.
(2)
Dimensional requirements. The following shall be considered minimums; where the minimum lot size law, special shoreland standards, or State of Maine Wastewater Disposal Rules impose greater requirements, those additional requirements shall be met:
B.
Medium Density Residential Districts (RB1 and RB2).
(1)
Purpose. The RB1 and RB2 Districts are zones in which the principal use of land is for medium-density residences. Both are characterized by a mix of single-family and multifamily homes.
(2)
Dimensional requirements. The following shall be considered minimums; where the minimum lot size law, special shoreland standards, or State of Maine Wastewater Disposal Rules impose greater requirements, those additional requirements shall be met:
C.
High Density Residential District (RC).
(1)
Purposes. The RC District is a zone in which the principal use of land is for high-density residences. It contains large structures, many of which were designed for or have been converted to multifamily dwellings. In addition, this district is somewhat removed from major or local shopping areas and offers neighborhood services within the district.
(2)
Dimensional requirements. The following shall be considered minimums; where the minimum lot size law, special shoreland standards, or State of Maine Wastewater Disposal Rules impose greater requirements, those additional requirements shall be met:
(a)
Lot area: 7,500 square feet (public sewer); 20,000 square feet (private sewer).
(b)
Lot area per dwelling unit: 1,650 square feet.
(c)
Lot frontage: 75 feet.
(d)
Lot depth: 100 feet.
(f)
Side and rear setbacks: five feet (all structures).
(g)
Minimum frontage for conversion to two or more dwelling units: 50 feet.
D.
Resource Development District (RD).
(1)
Purpose. The RD District encompasses the area on both sides of Mount Vernon Avenue. The area's highly congested mixed-use building pattern, its floodplain and steep slopes, its recreational opportunities and its function as a major gateway make this corridor as environmentally sensitive as it is economically attractive. It connects the Heart of Augusta with the City's growth area. The infrastructure capacity is strained. In recognition of these factors, and based on the policies outlined in the 2023 Comprehensive Plan, the RD District encourages low-intensity mixed-use development supporting residential/recreational activities and the commuting public.
(2)
Dimensional requirements and performance standards.
(a)
Dimensional requirements. Unless otherwise stated, the following shall be considered minimums. Where minimum lot size law, general or specific standards, or Maine Wastewater Disposal Rules impose greater requirements, those additional requirements shall be met. Notwithstanding § 300-309C, the minimum frontage requirements in the RD Zone shall be met.
[1]
Minimum lot frontage: 100 feet.
[a]
Maximum impervious area: 25%.
[b]
Maximum building height: 35 feet.
[c]
Minimum front yard setback/buffer (all structures): 20 feet.
[d]
Maximum front yard setback/buffer (principal structures): 25 feet.
[e]
Minimum side and rear setbacks (all structures): 10 feet.
[f]
Minimum buffer adjacent to Bond Brook: greater of 25 feet or width of floodway.
[2]
Minimum lot frontage: 125 feet.
[a]
Maximum impervious area: 30%.
[b]
Maximum building height: 35 feet.
[c]
Minimum front yard setback/buffer (all structures): Buffer A applicable.
[d]
Maximum front yard setback/buffer (principal structures): Buffer A applicable.
[e]
Minimum side and rear setbacks (all structures): 10 feet.
[f]
Minimum buffer adjacent to Bond Brook: greater of 25 feet or width of floodway.
[3]
Minimum lot frontage: 150 feet.
[a]
Maximum impervious area: 35%.
[b]
Maximum building height: 35 feet.
[c]
Minimum front yard setback/buffer (all structures): Buffer A applicable.
[d]
Maximum front yard setback/buffer (principal structures): Buffer A applicable.
[e]
Minimum side and rear setbacks (all structures): 10 feet.
[f]
Minimum buffer adjacent to Bond Brook: greater of 25 feet or width of floodway.
[4]
Notes:
[a]
The intent of the maximum front setback is to minimize structural intrusion into the floodplain; to encourage parking at the rear or to the sides of buildings; and to provide for green space between the road right-of-way and structures.
[b]
Ord. No. 14-038, adopted 3-6-2014, eliminated the maximum setback of 25 feet from the north side of Mount Vernon Avenue.
(b)
Performance standards.
[1]
Buffers; parking lot perimeter; waiver provision. Perimeter parking lot buffers may be eliminated when common (shared) driveways/circulation patterns are provided between two separate lots.
[2]
Signage:
[a]
Maximum height: 15 feet above grade.
[b]
Minimum setback: no setback except as needed to assure safe sight distance.
[c]
Maximum size:
[i]
Freestanding: 50 square feet.
[ii]
Sandwich board: See § 300-516D(2) for sandwich board standards.
[iii]
Wall: 10% of the wall area, not to exceed 50 square feet.
[3]
Access management (existing standard): one driveway per development per street frontage.
[4]
Minimum separation between two-way driveways serving two separate uses: 100 feet (based on 25 mph).
[5]
Minimum separation between one-way driveways on one lot or serving two separate uses: 50 feet.
[6]
When two adjacent lots are combined for reuse or redevelopment resulting in the elimination of at least one driveway, the minimum separation between two separately owned/operated two-way driveways may be reduced to 50 feet.
§ 300-314.2 Capital-Commerce Districts.
[Amended 1-21-1992 by Ord. No. 303; 12-6-1993 by Ord. No. 311; 5-20-1996 by Ord. No. 438; 4-7-1997 by Ord. No. 79; 2-12-2001 by Ord. No. 21; 10-16-2006 by Ord. No. 170; 2-20-2007 by Ord. No. 028; 3-18-2021 by Ord. No. 21-057; 12-7-2023 by Ord. No. 23-180; 8-1-2024 by Ord. No. 24-104]
A.
General regulations applicable to all Capital-Commerce Zoning Districts:
(1)
The Institute/Business/Professional, Kennebec Business Districts 1 and 2, Local Business, and Regional Business Zoning Districts fall within the Capital-Commerce District.
(2)
Any single-family or multifamily subdivision shall be reviewed according to the applicable subdivision process outlined in Part 4 of this chapter.
(3)
Except in the KBD1, minimum side and rear setbacks in all Capital-Commerce Zoning Districts are 10 feet. No setbacks are required in the KBD1.
(5)
Any proposed construction exceeding the maximum height shall be reviewed by the Planning Board utilizing the criteria applicable to conditional uses outlined in § 300-603E.
(6)
The Capital-Commerce Districts and the Civic Center District impose maximum building heights. The limitation is a growth management technique and an attempt to maintain the image and character of Augusta as viewed from its neighborhoods, travelways and public spaces.
(7)
A site capacity analysis is not required for properties within the Capital-Commerce Districts.
B.
Institutional/Business/Professional Subdistrict (BP).
(1)
Purpose. The BP District is an area for major health and government institutions and related business and professional offices with locations suitable for the growth of each. The following regulations shall also apply to the BP Zone located generally between 200 and 250 Eastern Avenue.
C.
Commercial Subdistricts.
(1)
Kennebec Business District 1 (KBD1).
(a)
Purpose. The KBD1 District is devoted primarily to general merchandise sales, business and professional offices and restaurants. It is the old commercial center of the City with development constraints imposed by steep grades, river floodplain, congested traffic and intensive building patterns.
(b)
Dimensional requirements for all uses.
[1]
Impervious surface ratio: 1.0.
[2]
Floor area ratio: 5.0.*
[4]
Notes:
[a]
*A significant portion of the area on the east side of Water Street is subject to frequent flooding. Because of this, flood damage prevention and shoreland regulations restrict development. To compensate, floor area as determined by formula may be totally constructed beginning at the Water Street elevation upwards so long as maximum height is not exceeded.
[b]
**The maximum height of a structure shall be calculated from the ground elevation of 37 feet. In the above chart, "East" refers to properties on the east side of Water Street, and "West" refers to properties on the west side of Water Street.
(2)
Kennebec Business District 2 (KBD2).
(a)
Purpose. The KBD2 District provides limited trade and service opportunities in areas where major business expansion would be inappropriate because of traffic constraints and proximity to surrounding residential neighborhoods.
(3)
Local Business District (CB).
(a)
Purpose. The CB District provides limited trade and service opportunities in areas where major business expansion would be inappropriate because of traffic constraints and proximity to surrounding residential neighborhoods. These regulations shall also apply to the CB District designated at the intersection of Eastern Avenue and Cony Road, the CB District designated at the intersection of North Belfast Avenue and Church Hill Road, as well as the CB District designated at the Eastern Avenue and Stone Street intersection.
(4)
Regional Business District (CC).
(a)
Purpose. The CC District provides trade and service opportunities to the larger region and is highway-oriented. These districts are appropriate locations for businesses which would not be compatible with the congested building and traffic patterns of the Kennebec Business District.
§ 300-314.3 Civic Center District (CD).
[Amended 12-6-1993 by Ord. No. 311; 2-12-2001 by Ord. No. 21; 2-20-2007 by Ord. No. 028; 12-7-2023 by Ord. No. 23-180]
A.
Purpose. The CD District is established to provide trade and service opportunities complimentary to the established cultural/educational and business/professional uses nearby.
B.
C.
Site capacity analysis is not required.
§ 300-314.4 Industrial District (IA).
[Amended 1-21-1992 by Ord. No. 303; 4-5-1993 by Ord. No. 62; 12-6-1993 by Ord. No. 311; 5-20-1996 by Ord. No. 438; 2-6-2006 by Ord. No. 030; 2-20-2007 by Ord. No. 028]
A.
Purpose. The IA District is established as an area in which commercial and industrial uses are mixed but where the principal use is the manufacture, processing, packaging, storage and distribution of products. Reasonable access to highway or rail facilities is important.
B.
Dimensional requirements. The following shall be considered minimums; where the minimum lot size law, special shoreland standards, or Maine State Subsurface Wastewater Disposal Rules impose greater requirements, those additional requirements shall be met:
(1)
Lot area: 60,000 square feet.
(2)
Lot frontage: 150 feet.
(3)
Lot depth: 200 feet.
(4)
Side yard: 25 feet.*
(5)
Rear yard: 25 feet.*
NOTES: | ||
|---|---|---|
* | Setback of all structures from a residential district boundary or residential property boundary shall be at least 75 feet; where buffer yard requirements impose greater requirements, the stricter requirements shall apply. See § 300-502C(4). | |
C.
Site capacity analysis is not required.
§ 300-314.5 Planned Development District (PD).
[Amended 3-3-1997 by Ord. No. 35; 2-12-2001 by Ord. No. 21; 6-19-2006 by Ord. No. 103; 2-20-2007 by Ord. No. 028; 8-1-2024 by Ord. No. 24-104]
A.
Purpose. The PD District is the City's growth area. Increased development pressure is occurring and is expected to persist. It is the area with the greatest potential for a third bridge location. Except as allowed within the requirements of the Conventional Zoning Process Table, clustered development is required whenever land is subdivided or intensely developed in this area. Subdividers must submit master plans for the layout and use of entire land holdings when filing an application. Commercial and industrial uses are intended to be concentrated in single- or mixed-use centers or parks to ensure the most efficient provision of services and minimize impacts on residential and environmentally sensitive areas and on the City's and state's roadway systems. Site capacity analysis applies. See Part 3, Article IV, Site Capacity Analysis, of this chapter.
B.
Dimensional requirements.
(1)
Conventional zoning.
(a)
Minimum lot size: 20,000 square feet.
(b)
Minimum frontage: 150 feet.
(c)
Minimum depth: 100 feet.
(d)
Area per dwelling unit; 20,000 square feet.**
(e)
Minimum front setback: 20 feet/35 feet.*
§ 300-314.6 Government Services District (GS).
A.
Purpose. The GS District includes property owned and used primarily by federal, state, county, municipal and quasi-municipal governments and public utilities to provide transportation, military, utility and public works services.
B.
Dimensional requirements. The following dimensional requirements shall be considered minimums; where the minimum lot size law, special shoreland standards or the Maine State Plumbing Code impose greater requirements, those additional requirements shall be met:
§ 300-314.7 Riggs Brook Village District (RBV).
[Amended 12-3-2001 by Ord. No. 141-C; 11-20-2014 by Ord. No. 14-202]
A.
Purpose.
(1)
The Riggs Brook Village District (RBV), establishes commercial and residential land uses, land development requirements, infrastructure requirements, development design standards and open space amenities appropriate to fostering development of a new economic sector in Augusta. Riggs Brook Village will be a geographically and visually unique area wherein people can live, work, shop, converse, and recreate within walking, bicycling and quick commuting distance of one other. Attracting development of a new economic sector is critical to the improvement of the general welfare of current and future residents and businesses of Augusta, and the incorporation of higher design standards and amenities in the RBV District will be required to make Augusta competitive with other Maine cities as a location for knowledge-based businesses, workers and residents.
(2)
It has been proven that allowance of a linear pattern of land use development results in a very inefficient use of land, resulting in vacant backlands, excessive infrastructure costs, and added commuting costs, known collectively as "development sprawl." The prevention of development sprawl is identified as the first of 10 goals of the Maine Growth Management Program (see 30-A M.R.S.A. § 4312, Subsection 3). The pattern of land development that will be strongly encouraged in Riggs Brook Village (the Village) in support of this goal shall be that of development parks that will create multiple lots or land uses out of a larger tract/parcel of land.
(3)
Internal streets, stormwater, sewer, and water infrastructure will be required to achieve an appropriate density of Village development. The creation of independent, small lots in a linear fashion along Route 3 and Church Hill Road shall be strongly discouraged, and the creation of development parks that efficiently utilize backlands will be strongly encouraged so that the Village can economically support sewer, water and road infrastructure without subsidization from the remainder of the community.
(4)
The design and scale of development projects in Riggs Brook Village shall be that of small and medium-sized structures that, along with defined setbacks, buffering, landscaping and sidewalks, encourage pedestrian and bicycle travel and human interaction. Residential land uses are encouraged throughout the Village in several configurations: townhouse/row house; two-family; and single-family. The identification of the Village as a unique and unified area shall be encouraged via the use of signage, lighting, and other streetscape improvements. Village greens should be created along Church Hill Road to provide a common Village focal point for each side of Route 3.
B.
Dimensional requirements.
(1)
Minimum lot size: 20,000 square feet.
(2)
Minimum frontage on new internal roads: 100 feet.
(3)
Minimum frontage on Rt. 3, Church Hill Road and South Belfast Avenue: 300 feet.
(4)
Minimum depth: 200 feet.
(5)
Area per dwelling unit: 20,000 square feet.***
(6)
Minimum front setback: 10 feet/80 feet.**
(7)
Maximum height: 60 feet.
C.
Design criteria. The following minimum design criteria shall be met within the Riggs Brook Village (RBV) District:
(1)
Utilities. All utility services for new building/structure construction shall be placed underground.
(2)
Outdoor lighting standards. The purpose of this subsection is to provide outdoor lighting standards to help ensure compatibility with neighboring uses, preserve our dark skies, and provide a more pleasant and comfortable nighttime environment while preserving the ability to install effective security lighting.
(3)
Location of parking, servicing, and loading areas for nonresidential uses. All off-street parking lots/areas/stalls, vehicle servicing areas (including gasoline/diesel pumps), and delivery and garage bay doors shall be located at the side or rear of buildings, the only exception being for handicapped parking spaces, which may be located at the front of the building. Buffer yard standards for Urban, Industrial, and Planned Development Districts identified in § 300-502 of this chapter are applicable to all parking lots with six or more spaces.
(4)
Screening of machinery, equipment, storage areas, and other appurtenances for nonresidential uses. Open storage areas; exposed machinery, electrical/electronic equipment, heating and/or air-conditioning equipment, fuel tanks, etc. (whether located above the ground on structures or on the ground); areas used for storage and collection of rubbish; and areas determined to be similar to those listed must be visually screened from roads and surrounding land uses. Suitable types of screening for aboveground equipment, storage areas and appurtenances include landscaping (e.g., shrubs, plants, trees, fencing) and/or architectural elements (e.g., false walls, false roofing, masonry, blocks, etc.). Suitable types of screening on the ground include opaque wood fences and dense evergreen hedges of five feet or more in height. Where evergreen hedges are proposed, a temporary fence shall be built to provide screening until the evergreens are of sufficient height to hide the unit(s) being screened.
(5)
Building design standards for new structures.
(a)
Exterior building design. Buildings with exterior walls greater than 50 feet in horizontal length shall be constructed using a combination of architectural features and a variety of building materials and landscaping near the walls. Walls which can be viewed from public streets shall be designed using architectural features and landscaping (abutting the building) for at least 50% of the wall length. Other walls shall incorporate architectural features and landscaping for at least 30% of the wall length.
[1]
Architectural features include but are not limited to the following: recesses, projections, wall insets, arcades, window display areas, awnings, balconies, window projections, landscape structures or other features that complement the design intent of the structure and are acceptable to the review authority. A portion of the on-site landscaping shall abut the walls so that the vegetation combined with the architectural features significantly reduce the visual impact of the building mass as viewed from the street.
(b)
Building materials. The predominant building materials shall be materials that are characteristic of Central Maine such as brick, wood, native stone and tinted/textured concrete masonry units and/or glass products. Other materials such as smooth-faced concrete block, undecorated tilt-up concrete panels, or prefabricated steel panels should only be used as accents and not dominate the building exterior of the structure. Metal roofs may be allowed if compatible with the overall architectural design of the building. Materials shall be of low reflectance, subtle, neutral or earth-tone colors. The use of high-intensity colors such as neon, metallic or florescent colors for the facade and/or roof of the building are prohibited except as approved for building trim. The use of trademark colors will require approval by the Planning Board.
(c)
Roof design. Roofs shall be designed to reduce the apparent exterior mass of a building, add visual interest and be appropriate to the architectural style of the building. Variations within one architectural style are highly encouraged. Visible rooflines and roofs that project over the exterior wall or a building enough to cast a shadow on the ground are highly encouraged. Architectural methods shall be used to conceal flat roof tops. Overhanging eaves, sloped roofs and multiple roof elements are highly encouraged. Mansard style roofs are discouraged.
(d)
Customer entrance(s). Each building shall have at least one clearly defined, highly visible customer entrance using a combination of the following architectural features: canopies, porticos, arcades, arches, wing walls, and permanent above-grade integral planters.
(6)
Additions to existing structures. The Planning Board may waive any of the design criteria outlined in this subsection via a conditional use permit process.
§ 300-314.8 Medical/Hospital District (MED).
[Amended 2-20-2007 by Ord. No. 030]
A.
Purpose. The City recognizes that the construction of a major medical facility on Old Belgrade Road in 2006 resulted in an interest from other medical services providers to locate near the new facility. The purpose of this district is to allow certain additional uses within the geography with specific design criteria.
B.
Dimensional requirements for all uses.
(1)
Minimum lot size: 20,000 square feet.
(2)
Minimum frontage: 150 feet.
(3)
Minimum depth: 100 feet.
(4)
Area per dwelling unit: 20,000 square feet.***
(5)
Minimum front setback: 20 feet/35 feet.**
C.
Design criteria. The following minimum design criteria shall be met within the Medical/Hospital District:
(1)
Outdoor lighting standards. The purpose of this subsection is to provide outdoor lighting standards to help ensure compatibility with neighboring uses, preserve our dark skies, and provide a more pleasant and comfortable nighttime environment while preserving the ability to install effective security lighting.
(a)
Lighting fixtures shall be a full cutoff design that is shielded, hooded and oriented towards the ground so that direct rays of lighting source(s) are not visible past the property boundaries and do not shine into the night sky; and
(b)
Use of motion-sensing devices is encouraged; and
(c)
Lighting shall not blink, flash or be of unusually high intensity or brightness; and
(d)
All lighting fixtures shall be appropriate in scale, intensity and height to the use they are serving; and
(e)
New or replacement lighting of streets/roads within the district shall be shielded, downward pointing.
(f)
Exemptions:
[1]
Lighting fixtures installed on residential structures with incandescent lamps, or equivalent. This exemption does not apply to fixtures that light parking areas, driveways, sports areas or outbuildings;
[2]
Seasonal decorative lighting fixtures;
[3]
Lighting fixtures used temporarily for emergency purposes;
[4]
Public athletic fields, fairgrounds and approved temporary special events lighting;
[5]
Lighting fixtures of 60 watts or less.
(2)
Location of parking, servicing, and loading areas. All off-street parking lots/areas/stalls, vehicle servicing areas (including gasoline/diesel pumps), and delivery and garage bay doors shall be located at the side or rear of buildings, the only exception being for handicapped parking spaces, which may be located at the front of the building. Buffer yard standards for Urban, Industrial, and Planned Development Districts identified in § 300-502 of this chapter are applicable to all parking lots with six or more spaces.
(3)
Screening of machinery, equipment, storage areas, and other appurtenances. Open storage areas; exposed machinery, electrical/electronic equipment, heating and/or air-conditioning equipment, fuel tanks, etc. (whether located above the ground on structures or on the ground); areas used for storage and collection of rubbish; and areas determined to be similar to those listed must be visually screened from roads and surrounding land uses. Suitable types of screening for aboveground equipment, storage areas and appurtenances include landscaping (e.g., shrubs, plants, trees, fencing) and/or architectural elements (e.g., false walls, false roofing, masonry, blocks, etc.). Suitable types of screening on the ground include opaque wood fences and dense evergreen hedges of five feet or more in height. Where evergreen hedges are proposed, a temporary fence shall be built to provide screening until the evergreens are of sufficient height to hide the unit(s) being screened.
(4)
Utilities. All utility services for new building/structure construction shall be placed underground; and as may be allowed by law, each lot or parcel of land located within the district will be required either to connect to water and sewer infrastructure as it is made available or to pay a proportionate fee in lieu thereof.
(5)
Building design standards. (Reserved)
§ 300-314.9 Planned Development 2 District (PD2).
[Added 9-3-2009 by Ord. No. 107]
The Planned Development 2 District shall be a Capital-Commerce District.
A.
Permitted uses. See the Table of Land Uses in the Base Zoning Districts.[1]
[1]
Editor's Note: The Table of Land Uses is included as an attachment to this chapter.
B.
Performance zoning shall be allowed.
C.
Dimensional standards for traditional zoning:
(1)
Minimum lot size: 10,000 square feet with public water and sewer; 20,000 square feet without public water and sewer.
(2)
Minimum lot frontage: 100 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum area per dwelling unit: 10,000 square feet without public water and sewer.
(5)
Minimum area per dwelling unit: 5,000 square feet with public water and sewer.
(7)
Maximum floor area: 15,000 square feet per structure.
(8)
Maximum building height: 45 feet.
D.
General provisions.
(1)
Drive-throughs. No drive-through services are allowed.
(2)
Parking. For structures within 150 feet of Riverside Drive, there shall be no more than one row of parking in front of a structure.
(3)
Setback. New nonresidential uses shall be set back from the front property line at least 75 feet. Residential structures not meeting the seventy-five-foot setback may be converted to nonresidential uses, provided all other criteria are met.
(4)
Signs. No electronic changeable copy or neon signs are allowed.
(5)
Social services uses in the PD2 District must be of a size and scale that is appropriate to and sensitive to their immediate neighbors.
[Added 8-20-2015 by Ord. No. 15-133]
§ 300-314.10 Kennebec Locks District (KL).
[Added 5-1-2014 by Ord. No. 14-077]
A.
Purpose. The Kennebec Locks District is part of the City's growth area and is adjacent to the urban core. It is an urban, high-density zoning district. It is intended to be a mixed-use district with carefully crafted development standards to ensure the area becomes an attractive, walkable, viable commercial and residential area in a desirable part of the City. Public access to the shoreline of the Kennebec River is very important.
B.
Dimensional requirements for all uses.
(1)
Minimum lot size: 10,000 square feet.
(2)
Minimum frontage: 75 feet.
(3)
Minimum depth: 75 feet.
(4)
Area per dwelling unit: 20,000 square feet.***
(5)
Minimum front setback: 15 feet/35 feet.**
C.
Design criteria. The following minimum design criteria shall be met within the Kennebec Locks (KL) District:
(1)
Outdoor lighting standards. The purpose of this subsection is to provide outdoor lighting standards to help ensure compatibility with neighboring uses, preserve our dark skies, and provide a more pleasant and comfortable nighttime environment while preserving the ability to install effective security lighting.
(a)
Lighting fixtures shall be a full cutoff design that is shielded, hooded and oriented towards the ground so that direct rays of lighting source(s) are not visible past the property boundaries and do not shine into the night sky; and
(b)
Use of motion-sensing devices is encouraged; and
(c)
Lighting shall not blink, flash or be of unusually high intensity or brightness; and
(d)
All lighting fixtures shall be appropriate in scale, intensity and height to the use they are serving; and
(e)
New or replacement lighting of streets/roads within the district shall be shielded, downward pointing.
(f)
Exemptions:
[1]
Lighting fixtures installed on residential structures with incandescent lamps, or equivalent. This exemption does not apply to fixtures that light parking areas, driveways, sports areas or outbuildings;
[2]
Seasonal decorative lighting fixtures;
[3]
Lighting fixtures used temporarily for emergency purposes;
[4]
Public athletic fields, fairgrounds and approved temporary special events lighting;
[5]
Lighting fixtures of equivalent to 60 watts or less of incandescent bulbs.
(2)
Location of parking, servicing, and loading areas for nonresidential uses. All off-street parking lots/areas/stalls, vehicle servicing areas (including gasoline/diesel pumps), and delivery and garage bay doors shall be located at the side or rear of buildings, the only exception being for handicapped parking spaces, which may be located at the front of the building. Buffer yard standards for Urban, Industrial, and Planned Development Districts identified in § 300-502 of this chapter are applicable to all parking lots with six or more spaces.
D.
Screening of machinery, equipment, storage areas, and other appurtenances for nonresidential uses. Open storage areas; exposed machinery, electrical/electronic equipment, heating and/or air-conditioning equipment, fuel tanks, etc. (whether located above the ground on structures or on the ground); areas used for storage and collection of rubbish; and areas determined to be similar to those listed must be visually screened from roads and surrounding land uses. Suitable types of screening for aboveground equipment, storage areas and appurtenances include landscaping (e.g., shrubs, plants, trees, fencing) and/or architectural elements (e.g., false walls, false roofing, masonry, blocks, etc.). Suitable types of screening on the ground include opaque wood fences and dense evergreen hedges of five feet or more in height. Where evergreen hedges are proposed, a temporary fence shall be built to provide screening until the evergreens are of sufficient height to hide the unit(s) being screened.
§ 300-314.11 Westside Professional District (WP).
[Added 2-6-2020 by Ord. No. 20-009]
A.
Purpose. The Westside Professional District is located within the Winthrop Street Historic Overlay District and is designed to protect the mix of low impact businesses and residential uses along Winthrop Street. The intent of the district is to maintain the character of the historic buildings and landscapes while discouraging building and site alterations which would adversely impact the aesthetics of the area.
B.
C.
Design Criteria. The following minimum design criteria shall be met:
(1)
Outdoor lighting standards. The purpose of this subsection is to provide outdoor lighting standards to help ensure compatibility with neighboring uses, preserve our dark skies, and provide a more pleasant and comfortable nighttime environment while preserving the ability to install effective security lighting.
(a)
Lighting fixtures shall be a full cutoff design that is shielded, hooded and oriented towards the ground so that direct rays of lighting source(s) are not visible past the property boundaries and do not shine into the night sky; and
(b)
Use of motion-sensing devices is encouraged; and
(c)
Lighting shall not blink, flash or be of unusually high intensity or brightness; and
(d)
All lighting fixtures shall be appropriate in scale, intensity and height to the use they are serving; and
(2)
Parking.
(a)
New parking spaces shall not be constructed between Winthrop Street and building facade facing Winthrop Street.
(b)
Landscape buffer yard standards for Urban, Industrial, and Planned Development Districts identified in § 300-502 of this chapter are applicable to all parking lots with six or more spaces.
(c)
A waiver for on-site parking may be granted by the Planning Board, through the conditional use process. On-street parking may be utilized within the district to meet parking requirements.
(3)
Screening of machinery, equipment, storage areas, and other appurtenances. Open storage areas; exposed machinery, electrical/electronic equipment, heating and/or air-conditioning equipment, fuel tanks, etc. (whether located above the ground on structures or on the ground); areas used for storage and collection of rubbish; and areas determined to be similar to those listed must be visually screened from roads and surrounding land uses. Suitable types of screening include landscaping (e.g., shrubs, plants, trees, fencing) and/or architectural elements (e.g., false walls, false roofing, masonry, blocks, etc.). Where evergreen hedges are proposed, a temporary fence shall be built to provide screening until the evergreens are of sufficient height to hide the unit(s) being screened.
§ 300-315 Rural Districts.
[Amended 11-18-1991 by Ord. No. 303A; 9-21-1992 by Ord. No. 629; 12-6-1993 by Ord. No. 311; 5-18-1998 by Ord. No. 535; 10-5-1998 by Ord. No. 662; 10-2-2000 by Ord. No. 452; 12-3-2001 by Ord. No. 141-A; 12-3-2001 by Ord. No. 141-C; 8-19-2002 by Ord. No. 257; 8-19-2002 by Ord. No. 266; 11-18-2002 by Ord. No. 306; 11-5-2003 by Ord. No. 133; 2-21-2006 by Ord. No. 031; 6-19-2006 by Ord. No. 103; 2-20-2007 by Ord. No. 028; 4-20-2017 by Ord. No. 17-069]
§ 300-315.1 Rural River District (RR).
A.
Purpose. The RR District is intended to retain the water quality, wildlife habitat, scenic and forest values encompassing the district. The district contains the most sensitive portions of the Bond Brook watershed, including the City's wells. Residential and recreational uses will be permitted. Clustering and the retention of open space will be encouraged. Maximum permitted densities will be in keeping with natural resource values.
B.
Dimensional requirements.
(1)
(2)
§ 300-315.2 Rural Residential District (RRES).
[Amended 9-17-2007 by Ord. No. 176]
A.
Purpose. The district contains sensitive natural resources and residential neighborhoods and, for the most part, is not geographically well suited for extension of water and sewer. It is the district's intent to conserve the rural character of the City. Residential development and its support services (such as small-scale shops, convenience retail, laundry, and other satellite services) will be permitted. Clustered developments are encouraged to conserve open space and natural values and minimize the cost of services. Maximum permitted densities will be in keeping with natural resource values and groundwater protection considerations.
B.
Requirements for location of parking, servicing, and loading areas (one and two family dwellings are exempt). With the exception of all the allowable permitted uses, all off-street parking lots/areas/stalls, vehicle servicing areas and delivery and garage bay doors shall be located (to the greatest extent practicable) to the side or rear of buildings and away from the road frontage of the property. Buffer yard standards for Urban, Industrial, and Planned Development Districts identified in § 300-502 of this chapter are applicable to all parking lots with six or more spaces.
[Amended 12-5-2019 by Ord. No. 19-192]
C.
Dimensional requirements.
(1)
(2)
Major subdivisions.
(a)
Minimum lot size: 40,000 square feet.
[Amended 12-5-2019 by Ord. No. 19-192]
(b)
Minimum lot size per dwelling unit: 20,000 square feet.
[Amended 12-5-2019 by Ord. No. 19-192]
(c)
Minimum open space per dwelling unit: 20,000 square feet.*
[Amended 12-5-2019 by Ord. No. 19-192]
(d)
Minimum lot size for nonresidential uses: 60,000 square feet.
(h)
Maximum building height: 30 feet.
(i)
*All open space shall be:
[Amended 12-5-2019 by Ord. No. 19-192]
[1]
Made contiguous with existing open space on adjacent parcels, located along an outside boundary (or boundaries) of the subdivision and/or protect valuable environmental resources to the greatest practicable extent;
[2]
Shall be dedicated to an association of parcel owners within the subdivision through homeowner's association documents or deeded to an approved land trust;
[3]
Shall prioritize land appropriate to protection of sensitive areas including erodible or shallow soils, wetlands, aquifers, aquifer recharge areas, floodplains, steep slopes over 15%, high value plant and animal habitats, and shoreland district lands;
[4]
May include land appropriate to passive and active recreational uses and communal utilities such as solar panels, wind turbines, septic fields, etc.
§ 300-315.3 Rural Ponds District (RPDS).
The RPDS District is patterned after the "Agricultural District" described in Part Two–Model Ordinance from author and land use planner Lane Kendig's book entitled "Performance Zoning," Copyright 1980, American Planning Association.
A.
Purpose. The RPDS District is an area where highly erodible, shallow soils, steep slopes, wetlands, deer yards, shoreland areas and State of Maine wildlife management areas shall be protected. All new development and conversions shall be designed and located, and all land use activities shall be conducted in a manner that prevents additional phosphorous loading to Togus and Three Cornered Ponds especially and stringently protects the water quality of all other ponds. The vulnerability of the ponds to water quality degradation is taken into account. The protection of wildlife, fisheries, scenic, and forest values are given high priority. Residential and recreational uses are encouraged, and maximum densities shall be in keeping with the capacity of the ponds and groundwater supplies to accommodate new development without water quality degradation. Clustering and retention of open space will be favored over conventional development patterns.
B.
New single lots or subdivisions involving four or fewer lots.
(1)
In general.
(a)
The conventional zoning process in Subsection C designates minimum lot sizes and buffer widths for single lots created after the effective date of this ordinance.
(b)
Although all subdivisions are encouraged to utilize the performance zoning dimensional requirements listed in Subsection D, conventional residential subdivisions, involving the creation of four or fewer lots of construction of four or fewer units, may also utilize Subsection C to determine minimum lot sizes, if such developments do not exceed the following:
[1]
Maximum length of new or upgraded road is 200 feet with cumulative driveway length not to exceed 450 feet for three lots or 600 feet for four lots; or
[2]
If no new or upgraded road is proposed, the cumulative driveway length shall not exceed 950 feet for three lots or 1,100 feet for four lots; or
[3]
Single-family or duplex residential development of one or two lots or two lots with less than 200 feet of new or upgraded road with cumulative driveway length not to exceed 150 feet for one lot or 300 feet for two lots; or
[4]
Single-family or duplex residential development of one or two lots with no new or upgraded road with cumulative driveway length not to exceed 450 feet for one lot or 600 feet for two lots.
(2)
Exceptions.
(a)
Existing lots of record within Shoreland Districts. Single lots of record existing prior to the effective date of this ordinance and located in the Shoreland Zoning Overlay Districts shall comply with no lesser requirement than the minimum dimensional and performance standards outlined in the applicable shoreland district and § 300-528.
(b)
Existing lots of record outside Shoreland Districts. Except as provided by § 300-312D, single lots of record existing prior to the effective date of this ordinance that are located in areas of the RPDS District not covered by the Shoreland Zoning Overlay Districts shall comply with no less than the minimum dimensional requirements, as outlined in the applicable Tables 315.3-A and 315.3-B in Subsection C(2), that most nearly conform to the existing lot size and soil conditions. No building permit shall be denied for an existing lot which is not able to meet the minimum buffer widths as established. If necessary, due to site conditions and lot configuration, the minimum buffer width may be reduced to 20 feet without obtaining a variance from the Board of Zoning Appeals.
(3)
To determine minimum lot size:
(a)
In creating a new lot or a subdivision of four or fewer lots/units as outlined above, the lot owner or applicant shall consult with City staff to determine in which watershed the property is located.
(b)
Upon such determination, and upon obtaining a soils test for on-site waste disposal suitability, Subsection C(1) shall be consulted and the applicant or lot owner shall be directed to utilize either Table 315.3-A or 315.3-B in Subsection C(2) to determine the minimum lot size required in order to control phosphorous loading into the affected pond.
(c)
The soils test shall be performed by a professional engineer or soil scientist registered or licensed in the State of Maine with the authority to conduct such a test. The soils test shall indicate what hydrologic soils group (see definitions) exists on the site in the area where placement of the septic system and structures is to occur, and shall be matched with the appropriate lot size noted in Table 315.3-A or 315.3-B in Subsection C(2).
(d)
Lots occurring in more than one watershed shall comply with the regulations of the district (RPDS/RRES or RPDS/RR) or subwatershed (e.g., Lower Togus/Wellman Ponds) in which 51% or more of the lot area exists.
Tables 315.3-A and 315.3-B in Subsection C(2) were derived from the chart included in Appendix B of this ordinance. The chart was created by the DEP Water Quality Division and includes: pond or lake name; its water quality category; the direct drainage area in acres; the level of protection desired by the City of Augusta; a measure of additional phosphorous that, exported from the watershed to the lake, would produce a one-part-per-billion increase in the lake's phosphorous concentration; and the "P" value, the maximum acceptable increase in the amount of phosphorous exported per acre of watershed on a yearly basis. The full description of the process for determining the "P" factor can be found in "Phosphorous Control in Lake Watersheds, A Technical Guide to Evaluating New Development" (Guide), Maine Department of Environmental Protection, September 1989. | |
Table 315.3-A was created by grouping all ponds with a "P" value greater than 0.07 and reflects a variation of the Guide's Table 4-1 on page 26; Table 315.3-B was created by grouping all ponds with a "P" value below 0.07 and also reflect a variation in the Guide's Table 4-1. Even though the chart in Appendix B lists "P" values for each pond, the intent of these regulations is to simplify the application of the regulations while providing a determined amount of phosphorous loading protection for each pond based on the DEP's work. | |
As water quality monitoring work by the DEP and others proceeds, Tables 315.3-A and 315.3-B will be reevaluated and adjustments made where necessary. |
C.
Conventional zoning process.
(1)
Dimensional requirements. [See also Subsection C(2) below.]
(a)
Minimum lot size for all uses.
Watershed | For Minimum Lot Size, Refer to | |
|---|---|---|
Anderson Pond | Table 315.3-A | |
Dam Pond | Table 315.3-A | |
Little Togus Pond | Table 315.3-A | |
Lower Togus Pond | Table 315.3-A | |
Spectacle Pond | Table 315.3-A | |
Togus Pond | Table 315.3-A | |
Tolman Pond | Table 315.3-A | |
Unnamed Pond | Table 315.3-A | |
Greeley Pond | Table 315.3-B | |
Mud Pond | Table 315.3-B | |
Three Cornered Pond | Table 315.3-B | |
Wellman Pond | Table 315.3-B |
(b)
Minimum area per living unit shall be no less than the minimum lot size.
(c)
Minimum road frontage: 150 feet; minimum depth: 100 feet.
(d)
Side/Rear setbacks are flexible; see minimum buffer widths.
(e)
Front setback: 35 feet from the street line of arterial and collector streets; 20 feet from the street line of all other streets.
(f)
The total area of all structures, parking lots and other nonvegetated surfaces shall not exceed 20% of the total lot area.
(g)
Additional water quality measures may be required in accordance with section
(2)
Lot size based on hydrologic soil group.
(a)
Use of Tables 315.3-A and 315.3-B requires determination of hydrologic soil group before determining the minimum lot size. Once the hydrologic soil group has been identified through a subsurface wastewater disposal soil test, a lot owner must agree to maintain the required buffer width at all perimeter property lines. No more than 20% of the parcel may be covered with structures, parking areas and other nonvegetated surfaces. Driveways shall be included in the calculation of total impervious surface; however, total square footage of gravel driveways may be discounted by 50%. A gravel driveway 15 feet wide and 100 feet long equals 1,500 square feet; however, only 750 square feet is required to be used in the calculation of total area covered by structures, parking areas and other nonvegetated surfaces. Paved driveways shall be calculated at 100% of their area.
(b)
With respect to Tables 315.3-A and 315.3-B, subsurface wastewater disposal soil tests indicating soil profile and condition are translated into hydrologic soil groups through the use of Appendix B.2 found at the back of this ordinance. As an example, profile and condition 6B translates in a hydrologic soil group of "A." For a parcel in the Togus Pond watershed, Table 315.3-A specifies that soils have a hydrologic soil group A require a one-acre minimum lot size and a twenty-foot perimeter buffer.
Table 315.3-A | |||
|---|---|---|---|
If Hydrologic Soil Group Is | Minimum Lot Size (acres) | Minimum Buffer Width Required Along Perimeter Property Line (feet) | |
A | 1.0 | 20 | |
B | 2.0 | 30 | |
C | 3.0 | 40 | |
D | 4.0 | 50 | |
Table 315.3-B | |||
|---|---|---|---|
If Hydrologic Soil Group Is | Minimum Lot Size (acres) | Minimum Buffer Width Required Along Perimeter Property Line (feet) | |
A | 1.5 | 40 | |
B | 2.5 | 50 | |
C | 4.0 | 60 | |
D | 5.0 | 70 | |
D.
Performance zoning process. Projects utilizing the performance zoning process outlined below shall perform a site capacity analysis (Article IV) to determine the dwelling units per acre or FAF, as applicable. Once this determination has been made, the applicant shall comply with all applicable performance standards outlined in Part 5 of this chapter and shall pay particular attention to § 300-514B(3), Phosphorus control standards, and Part Two of the Guide noted.
(3)
Upon completion of the site capacity analysis, the applicant shall design the project to comply with the provisions of the standard review method outlined in the Phosphorous Control in Lake Watersheds Guide [see § 300-514(3)]. Based on design details and specifics of the site, density in dwelling units per acre or floor area factor may require reduction in accordance with the Guide.
§ 300-315.4 Rural Village District (RV).
A.
Purpose. The RV District is intended to foster commercial and service-oriented uses designed to support the surrounding rural population and to foster positive community identity in the rural parts of the City.
B.
Notwithstanding § 300-304B of this chapter, for the Rural Village District area along Civic Center Drive, the zoning boundary line which is 500 feet back from Civic Center Drive shall be the physical limit for where a land use allowed in the Rural Village District on a lot in question can extend, unless that land use is also allowed in the adjacent zoning district of that same lot.
C.
Dimensional requirements.
(1)
Conventional zoning.
(d)
Notes:
[2]
*Minimum front setback: 35 feet from street line of arterial and collector streets; 20 feet from the street line of all other streets.
[3]
Minimum land area per living unit is 5,000 square feet after the first (i.e., two units require 25,000 square feet; three units require 30,000 square feet).
[4]
The minimum frontage requirements for any new lot created within the Rural Village District located along Civic Center Drive shall be 400 feet.
§ 300-315.5 Rural River 2 District (RR2).
[Amended 9-17-2007 by Ord. No. 176]
A.
Purpose. The RR2 District is intended to retain the water quality, wildlife habitat, and scenic resource values of the West River Road corridor adjacent to the Kennebec River. Residential uses, recreational, agricultural, and commercial uses appropriate to a scenic, country residential corridor are allowed, subject to conditional use or special exception review, as identified below. Commercial developments shall meet architectural design standards and support or enhance the purposes of the district. Clustering of residential developments and the retention of open space will be strongly encouraged. Maximum permitted development densities will be in keeping with natural resource values and capabilities of private septic and water systems.
B.
Dimensional requirements.
(1)
(2)
Major subdivisions.
(a)
Minimum subdivision land area required per dwelling unit: 60,000 square feet.
(b)
Minimum lot size per dwelling unit: 30,000 square feet.
(c)
Minimum open space per dwelling unit: 45,000 square feet.*
(d)
Minimum lot size for nonresidential uses: 60,000 square feet.
(h)
Notes:
[1]
All open space shall be made contiguous along an outside boundary (or boundaries) of the subdivision to the greatest practicable extent and shall be dedicated to an association of parcel owners initially created by the developer and which at a specified time period revert to said parcel owners. This open space shall include land appropriate to passive and active recreational uses, but may include nonbuildable land such as wetlands and steep slopes.
[2]
**Front setback: 35 feet from the street line of arterial and collector streets; 20 feet from the street line of all other streets.
C.
Requirements for location of parking, servicing, and loading areas. With the exception of all the allowable permitted uses, all off-street parking lots/areas/stalls, vehicle servicing areas and delivery and garage bay doors shall be located (to the greatest extent practicable) to the side or rear of buildings and away from the road frontage of the property. Buffer yard standards for Urban, Industrial, and Planned Development Districts identified in § 300-502 of this chapter are applicable to all parking lots with six or more spaces.
§ 300-316.1 Shoreland Districts.
[Amended 6-20-1994 by Ord. No. 546; 5-17-2004 by Ord. No. 72; 4-20-2017 by Ord. No. 17-067]
A.
General provisions.
(1)
All land use activities, as indicated in Attachment 5, Table of Land Uses in the Shoreland Overlay Zoning Districts, shall conform with all of the applicable land use standards outlined in Part 5. The district designation for a particular site shall be determined from the Official Shoreland Zoning Map.
Shoreland Overlay Zones | |
|---|---|
LR | Limited Residential |
RP | Resource Protection |
GD | General Development |
LC | Limited Commercial |
SP | Stream Protection |
(2)
Dimensional requirements.
(a)
Minimum dimensional requirements as listed in § 300-528 may be superseded by stronger standards based on the specifics of the site and with respect to slope and soil conditions in accordance with § 300-506D.
(b)
In no case shall lots created in a subdivision in the Shoreland District, after July 14, 1990, have a lot depth to shore frontage ratio of greater than five to one, pursuant to 30-A M.R.S.A. § 4404, Subsection 17.
(3)
A person performing any of the following activities shall require a permit from the Department of Environmental Protection, pursuant to 38 M.R.S.A. § 480-C, if the activity occurs in, on, over or adjacent to any freshwater or coastal wetland, great pond, river, stream or brook and operates in such a manner that material or soil may be washed into them: [The DEP has determined that "adjacent," as used in Subsection A(3), means within 75 feet.]
B.
Limited Residential District (LR).
(1)
Purpose. The LR District includes those areas suitable for residential and recreational development. It includes areas other than those in the Resource Protection District, or Stream Protection District, and it includes areas which are used less intensively than those in the Limited Commercial District, or the General Development District.
C.
Resource Protection District (RP).
(1)
Purpose. The RP District includes areas in which development would adversely affect water quality, productive habitat, biological ecosystems, or areas with scenic and natural values. This district shall include the following areas when they occur within the limits of the Shoreland Zone, exclusive of the Stream Protection District, except that areas which are currently developed and areas which meet the criteria for the Limited Commercial or General Development Districts need not be included within the Resource Protection District:
(a)
Areas within 250 feet, horizontal distance, of the upland edge of freshwater and/or coastal wetlands, which are rated "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas, by the Maine Department of Inland Fisheries and Wildlife (MDIF). These areas are generally depicted on a Geographic Information System (GIS) data layer.
(b)
Floodplains along rivers and floodplains along artificially formed great ponds along rivers, defined by the one-hundred-year floodplain 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 floodplain soils" (defined). This district shall also include one-hundred-year floodplains adjacent to tidal waters as shown on FEMA's Flood Insurance Rate Maps or Flood Hazard Boundary Maps.
(c)
Areas of two or more contiguous acres with sustained slopes of 20% or greater.
(d)
Areas of two or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater or coastal wetland as defined, and which are not surficially connected to a water body during normal spring high water.
(e)
Land areas along rivers subject to severe bank erosion, undercutting, or river bed movement and lands adjacent to tidal waters which are subject to severe erosion or mass movement, such as steep coastal bluffs.
(f)
The following other areas which have been recommended for protection:
[Amended 4-20-2017 by Ord. No. 17-069]
[1]
Other important wildlife habitat;
[2]
Natural sites of significant scenic or aesthetic value;
[3]
Areas designated by federal, state or municipal governments as natural areas of significance to be protected from development; and
[4]
Other significant areas which should be included in this district to fulfill the purposes of this chapter, such as but not limited to existing public access areas and certain significant archeological and historic sites deserving of long-term protection as determined by the City of Augusta, after consultation with the Maine Historic Preservation Commission.
NOTE: As these areas are mapped and development standards are established, the City of Augusta shall incorporate such areas and standards into this chapter.
(2)
Uses. Unless specifically enumerated, principal structures, including residential dwelling units, commercial, industrial and institutional structures are prohibited in the RP District. Therefore, there are no dimensional requirements for new structures and uses within the district. Dimensional requirements for legally existing nonconforming uses and structures are listed in § 300-528.
D.
General Development District (GD).
(1)
Purpose. The General Development District includes the following types of existing, intensely developed areas:
(a)
Areas of two or more contiguous acres devoted to commercial, industrial or intensive recreational activities, or a mix of such activities, including but not limited to the following:
[1]
Areas devoted to manufacturing, fabricating or other industrial activities;
[2]
Areas devoted to wholesaling, warehousing, retail trade and service activities, or other commercial activities; and
[3]
Areas devoted to intensive recreational development and activities, such as, but not limited to amusement parks, racetracks and fairgrounds.
(b)
Areas otherwise discernible as having patterns of intensive commercial, industrial or recreational uses.
(c)
Portions of the General Development District may also include residential development. However, no area shall be designated as General Development District based solely on residential use.
(d)
In areas adjacent to great ponds classified GPA (as defined) and adjacent to rivers flowing to great ponds classified GPA, the designation of an area as a General Development District shall be based upon uses existing at the time of adoption of this chapter. There shall be no newly established General Development Districts or expansions in area of existing General Development Districts adjacent great ponds classified GPA, and adjacent to rivers that flow to great ponds classified GPA.
E.
Limited Commercial District (LC).
(1)
In areas adjacent to great ponds classified GPA (as defined) and adjacent to rivers flowing to great ponds classified GPA, the designation of an area as a General Development District shall be based upon uses existing at the time of adoption of this chapter. There shall be no newly established General Development Districts or expansions in area of existing General Development Districts adjacent great ponds classified GPA, and adjacent to rivers that flow to great ponds classified GPA.
F.
Stream Protection District (SP).
(1)
Purpose.
(a)
The Stream Protection District includes all land areas within 75 feet, horizontal distance, of the normal high-water line of a stream, exclusive of those areas within 250 feet, horizontal distance, of the normal high-water line of a great pond, or river or within 250 feet, horizontal distance, of the upland edge of a freshwater or coastal wetland. Where a stream and its associated shoreland area is located within 250 feet, horizontal distance, of the above water bodies or wetlands, that land area shall be regulated under the terms of the Shoreland District associated with that water body or wetland.
(b)
The Stream Protection District also includes major and minor tributaries of streams (as defined) as well as drainageways depicted on the City's 200 scale topographic maps and/or the USGS Topographic Quadrangle maps. In the case of these tributaries and drainageways, the SP District has been reduced to land areas within 25 feet horizontal distance of the normal high-water line of the tributary and shall be considered the SP 50 District. In the SP 50 District, no less than a twenty-five-foot buffer shall be maintained adjacent to the tributary or drainageway. Such buffer shall not be disturbed except to remove safety hazards. If such a tributary or drainageway is determined, upon field investigation by the CEO, to be an intermittent stream, the required buffer may be reduced to 15 feet.
G.
Historic Waterfront Districts.
(1)
Old Fort Western Historic Waterfront District.
(a)
Purpose. For a specified area in front of Old Fort Western, a zone denoted as the "Old Fort Western Historic Waterfront District" shall be adhered to. This zone encompasses a distance of 350 feet measured south from Calumet Bridge at Old Fort Western[1] and a depth of 250 feet measured east from the high-water mark in the Kennebec River to Old Fort Western. Shoreland zoning standards in this area will be in accordance with § 300-528C(3). The purpose of this district is to protect bank stabilization and maintain key gateway viewscapes.
[1]
Editor's Note: Res. No. 125, adopted 7-21-2008, changed the name of this bridge from "Father John Curran Bridge" to "Calumet Bridge at Old Fort Western."
(b)
Uses.
[1]
Uses by right; no permit needed; all applicable shoreland standards must be met:
[a]
Nonintensive recreational uses not requiring structures such as fishing and hiking.
[b]
Forest management activities.
[c]
Surveying and resource analysis.
[d]
Fire-prevention activities.
[e]
Emergency operations.
[f]
Agriculture.
[g]
Wildlife management practices.
[h]
Soil and water conservation practices.
[2]
Permitted uses/activities requiring permit by CEO and prior approval by Tree Warden:
[a]
Cultural/historic buildings and structures (and their associated activities).
[b]
Clearing of vegetation for approved construction, including lighting and other allowed uses.
[c]
Temporary piers, docks, wharfs, bridges, and other structures and uses extending over or below the normal high-water line or within a wetland.
[d]
Filling and earthmoving of less than 10 cubic yards.
[e]
Uses similar to allowed uses.
[f]
Uses similar to uses requiring CEO permit and prior approval by Tree Warden.
[3]
Permitted uses requiring permit by LPI: none.
[4]
Conditional uses requiring Planning Board review: none.
(2)
Kennebec Arsenal Historic Waterfront District.
(a)
Purpose. For a specified area in front of the Kennebec Arsenal, a zone denoted as "Kennebec Arsenal Historic Waterfront District" shall be adhered to. This zone encompasses a distance along the Kennebec River of +/- measured 20 feet north of the arsenal's northern property line to 20 feet south of the arsenal's southern property line for a depth of 250 feet from the high-water mark in the Kennebec River. Shoreland zoning standards in this area will be in accordance with § 300-528C(3). The purpose of this district is to restore the Kennebec Arsenal retaining wall to the original grassy slopes.
(b)
Uses.
[1]
Uses by right; no permit needed; all applicable shoreland standards must be met:
[a]
Nonintensive recreational uses not requiring structures such as fishing and hiking.
[b]
Forest management activities.
[c]
Surveying and resource analysis.
[d]
Fire-prevention activities.
[e]
Emergency operations.
[f]
Agriculture.
[g]
Wildlife management practices.
[h]
Soil and water conservation practices.
[2]
Permitted uses/activities requiring permit by CEO:
[a]
Cultural/historical buildings and structures (and their associated activities).
[b]
Clearing of vegetation for approved construction, including lighting, and other allowed uses.
[c]
Temporary piers, docks, wharfs, bridges, and other structures and uses extending over or below the normal high-water line or within a wetland.
[d]
Filling and earthmoving of less than 10 cubic yards.
[e]
Uses similar to allowed uses.
[f]
Uses similar to uses requiring CEO permit.
[3]
Permitted uses requiring permit by LPI: none.
[4]
Conditional uses requiring Planning Board review: none.
§ 300-316.2 Bridge/Highway Corridor Districts.
(Reserved)
§ 300-316.3 Highway Overlay Districts.
§ 300-316.4 Capitol View District.
(Reserved)
§ 300-316.5 Historic District.
[Added 5-19-2016 by Ord. No. 16-076; amended 12-15-2016 by Ord. No. 16-192; 4-6-2017 by Ord. No. 17-057; 2-15-2018 by Ord. No. 18-029; 4-20-2023 by Ord. No. 23-056; 8-1-2024 by Ord. No. 24-104; 10-3-2024 by Ord. No. 24-133]
A.
Intent.
(1)
The intent of this section is to provide a resource of information and expertise to help those interested in rehabilitation or new construction in a district or restoring a landmark within which the residents of the City of Augusta can protect the historic, architectural and cultural heritage of significant areas, landmarks and sites in Augusta. The intent of the section is to safeguard, in the face of intensified growth pressures, the structures and areas that give beauty and pleasure to residents, attract visitors and new residents, give the City its distinctive character, and educate the community about its past.
(2)
This section applies standards of evaluation to prevent the unnecessary loss of the community's historical features and to ensure compatible new construction and rehabilitation in historic districts while not stifling change and development or forcing modern recreations of historic styles; in a reasonable and flexible manner, fosters civic pride in the City's history and development patterns as represented in such distinctive areas, sites, structures and objects.
(3)
Additionally, the section protects and enhances the attractiveness of the City to its home buyers, home owners, residents, tourists, visitors, businesses and shoppers, encouraging preservation, restoration and rehabilitation that respects the historic, cultural, architectural and archaeological significance of distinctive areas, sites, structures and objects.
B.
Purpose. It shall be the purpose of this section to permit the designation of lands, buildings and structures within the City as historic sites, historic districts, or individual historic properties, or historic landmarks.
C.
Uses permitted. The uses permitted in historic districts and individual historic properties and at historic sites or historic landmarks shall be those set forth in the Zoning Ordinance of the City of Augusta, Maine for the zone in which such district, site, property or landmark is located.
D.
Guidance documents. The following are adopted as guidance by this reference and made a part of this section. They do not have effect as standards and are not to be used as regulations.
E. ARCHAEOLOGICAL SITE ARCHITECTURAL FEATURE AUGUSTA HISTORIC PRESERVATION DESIGN MANUAL BOARD COMPATIBILITY CONTRIBUTING PROPERTY DETERIORATION FROM NEGLECT HISTORIC DISTRICT HISTORIC INTEGRITY HISTORIC LANDMARK HISTORIC PRESERVATION CERTIFICATE HISTORIC SITE INDIVIDUAL HISTORIC PROPERTY MAINTENANCE MAJOR CHANGE MINOR CHANGE NATIONAL REGISTER OF HISTORIC PLACES NATIONAL-REGISTER-ELIGIBLE PROPERTY NATIONAL-REGISTER-LISTED PROPERTY NONCONTRIBUTING PROPERTY(1) (2) OBJECT SIDING SITE STRUCTURE VIEWSCAPE VISIBLE FROM THE STREET
Definitions. As used in this section, the following terms shall have the meanings indicated:
A geographic location of the remains of prehistoric life or of historic human beings. These include, but are not limited to, structures, artifacts, terrain features, graphics (paintings or drawings, etc.) and the evidence of plants or animals.
Any feature that helps give a structure its distinctive architectural character. Such character defining features include but are not limited to columns, pilasters, cornice boards, brackets, balustrades, quoins, fanlights, corner boards, window and door frames, and transoms.
A set of recommendations for guidance when evaluating proposed changes in historic properties, based on the Secretary of the Interior's Standards for Rehabilitation, for the use of the Historic District Review Board or other appointed body that has the responsibility of overseeing a specific local historic structure, area, site, or district.
Augusta Historic District Review Board.
The relationship between buildings of scale, height, proportion and mass and their relationship to the viewscape. See this section for definition of viewscape.
A contributing property means and includes any building, other structure or site that by age, location, design, setting, materials, workmanship, feeling and association adds to the district's sense of time and place and historical development or is capable of yielding important information about an historically significant period. The property shall retain some or all of its historic integrity, as defined in this section. Ordinarily buildings that have been built within the 50 years prior to the year of application shall not be considered to contribute to the district unless a justification concerning their historical or architectural merit is given by the referenced surveys, Subsection D(2), or the historical attributes of the district are considered to be less than 50 years old. See this section for the definition of noncontributing properties. In the case of a disagreement, an architectural historian recognized by the Maine State Historic Preservation Commission shall be consulted.
Deterioration of any structural or exterior architectural feature of a property from inadequate maintenance to the extent that it creates an irremediably detrimental effect on the life and character of that historic structure or landmark and/or creates health and safety violations.
A geographically definable area possessing a significant concentration or linkage of sites, structures or objects united by past events or aesthetically by plan or physical development and designated in accordance with the requirements of this section as appropriate for historic preservation. Such historic districts may also comprise individual elements separated geographically, but linked by historical association.
The authenticity of a property's historic identity as evidenced by the survival of physical characteristics (location, design, setting, materials, workmanship, feeling, and association) that existed during the property's prehistoric or historic period.
Any site feature or structure of particular, strong, historic or architectural significance to the City relating to its heritage, cultural, social, economic or political history, or which is associated with historic personages or important events in local, state or national history which has been designated in accordance with this section.
A document issued by the Historic District Review Board that assures compliance with the provisions of this section.
A parcel of land of special significance in the history or prehistory of the City and its inhabitants, or upon which an historic event has occurred, or an historic site by virtue of usage and which has been designated as such in accordance with this section. The term "historic site" shall also include any improved parcel or part of it on which is situated an historic landmark, and any abutting parcel or part of it used as and constituting part of the premises on which the historic landmark is situated as may be designated in accordance with this section.
A property that is worthy of preservation because it possesses historic integrity and local, regional, state, or national significance. Important properties may include structures, sites, and objects significant in American history, archaeology, architecture, engineering, or culture, which have been designated as such in accordance with this section.
The keeping of a resource in good repair, e.g., painting, protection from weather and decay and replacement of deteriorating elements, to preserve its integrity.
Additions or alterations to a structure or site, or a large-scale change that affects the character of the structure or the related viewscape.
Small-scale alterations to a structure or site that do not significantly affect its appearance and are easily reversible. Minor changes may include improvement projects, such as lighting, sidewalks, paving and curbing.
A register assigned by the National Historic Preservation Act of 1966, as amended, that recognizes buildings, sites, districts, structures, and objects significant in American history, archaeology, architecture, engineering, or culture, and identifies them as worthy of preservation.
An historic property that is eligible for inclusion in the Register because it meets the National Register criteria, which are specified in the Department of the Interior regulations at 36 CFR 60.4.
An historic property that has been formally listed in the National Register of Historic Places and accepted by the Secretary of the Interior, who is represented for purposes of the decision by the Keeper of the National Register.
Means and includes any building, other structure or site that does not add to the district's sense of time and place and historical development; or one where the location, design, setting, materials, workmanship or association have been so altered or have so deteriorated that the overall integrity of the building, structure, or site has been irretrievably lost. Although changes to a noncontributing property may not have historical significance, they may affect the historic integrity of the viewscape and the district as a whole.
Ordinarily buildings that have been built within the 50 years prior to the year of application shall not be considered to contribute to the significance of a district unless a strong justification concerning their historical or architectural merit is given by the referenced surveys, Subsection D(2), or the historical attributes of the viewscape are considered to be less than 75 years old. Age shall be determined based on the architectural surveys on file in the City Office. In the case of a disagreement, an architectural historian recognized by the Maine State Historic Preservation Commission shall be consulted.
A construction that is primarily artistic or utilitarian in nature or is relatively small in scale and simply constructed. Although it may be, by nature and design, movable, an object is associated with a specific setting or environment.
The covering of exterior vertical or nearly vertical wall surfaces, excluding architectural features.
The location of a significant object, structure, or event.
A building, or anything built for the support, shelter or enclosure of persons, animals, goods, or property of any kind, together with anything constructed or erected with a fixed location on or in the ground. The term includes structures temporarily or permanently located, such as decks, fences, and walls.
The public setting in which a structure, site, or landmark is located. It is the immediate visible neighborhood of the street or public land associated with such a structure, including such things as fences, sidewalks and lights. A viewscape is not synonymous with scenic views, for example water views possessed by individual property owners, but encompasses the public view of a street, neighborhood or public land. Every kind of structure is considered in the context of its viewscape. A district may include many viewscapes.
Any site or structure that can be seen from any public street or way abutting the subject property.
F.
Augusta Historic District Review Board.
(1)
Augusta Historic District Review Board. The Mayor will appoint and the City Council confirm seven members to sit on the Board that administers the Historic District reviews. The City Council may remove members of the Board for cause by a two-thirds-vote of the elected membership after notice and hearing. All Board members shall be residents of the City of Augusta.
(2)
Composition of the Board. All members of the Board shall have a demonstrated interest, knowledge, or training in historic preservation or closely related fields. Members are expected to come to the Board with varying expertise, and be able to make objective, unbiased, and independent decisions. The Mayor shall seek Board members with prior experience in one or more of the following areas: historic preservation, land use and zoning regulation, the law, neighborhood preservation, and other relevant areas. The Board shall consist of members from the following categories.
(3)
The Board shall consist of seven members including: one member that is also a member of the Augusta Historic Preservation Commission; two members that are residents within the boundaries of an adopted historic district, as depicted in this section; two members that are business owners or representatives of business owners within the boundaries of an adopted historic district, as depicted in this section; and two additional members.
(4)
Members shall have prior experience in historic preservation or shall get training in historic preservation within one calendar year of being appointed.
(5)
Terms of membership on the Board. The terms of the seven members and subsequent appointees shall be for three years. All members shall serve until their successors are duly appointed and qualified. Initial terms for the first Board created shall be three members appointed to three-year terms; two members appointed to two-year terms and two members appointed to a one-year term.
(6)
Vacancies on the Board.
(a)
A vacancy shall occur upon the resignation, death, or removal by the Council of any member. If a member fails to attend four consecutive regular meetings or fails to attend at least 75% of all meetings during any preceding twelve-month period, the Board may recommend to the Mayor that the member's position be declared vacant. Within 30 days of the Board's recommendation, the Mayor shall respond in writing either declaring the position vacant or rejecting the recommendation.
(b)
When one or more vacancies occur, the Chairperson of the Board shall immediately notify the Mayor in writing. Within 60 days of receipt of such notice, the Mayor shall appoint, and the City Council confirm, such additional members as necessary for full membership of the Board.
(7)
Quorum.
(a)
The presence of four Board members shall constitute a quorum. All members, other than the Chairperson, are permitted to make and second motions; and all members present, unless abstaining, may participate in the discussion and deliberation. No meeting of the Board shall be held, or once begun, shall be continued, without a quorum as established in this section. The Board shall act by majority vote of the members present.
(b)
The Chairperson is an authorized voter, but shall vote only when such vote could break a tie, create a tie defeating the motion, or create a required majority.
(c)
No member shall be authorized to vote on a matter if he or she did not attend a public hearing or hearings held on the matter.
(8)
Bylaws and procedures. The Board shall create bylaws for procedures to run meetings.
(9)
Duties and powers.
(a)
Review alterations, relocation and demolition of the designated historic and prehistoric properties under its jurisdiction.
(b)
Review all new construction affecting historic and prehistoric properties and/or districts within its jurisdiction to determine if a locally listed historic or prehistoric archeological site will be affected.
(c)
Review all proposed National Register nominations for properties within its jurisdiction. When the Board considers a National Register nomination or other actions which are normally evaluated by a professional in a specific discipline and that discipline is not represented on the Board, the Board shall seek expertise in that area before rendering its decision.
(d)
Conduct a survey of historic and archeological resources within Augusta according to guidelines established by the Maine Historic Preservation Commission and maintain a record of such.
(e)
Make recommendations for designation of local historic landmarks and historic districts to the appropriate governing body and keep records of such decision.
(f)
Recommend to the City Council written guidelines for the preservation of designated local landmarks and historic districts to be used in decisions for requests for permits for new construction, alterations, demolition, relocation or additions to listed historic landmarks, properties and buildings within historic districts.
(g)
Act in an advisory role to other officials and departments of local government regarding the protection of local cultural preservation.
(h)
Act as a liaison on behalf of the local government to individuals and organizations concerned with historic preservation.
(i)
Work toward the continuing education of citizens regarding historic preservation issues and concerns.
(j)
Submit an annual report of the activities of the Board to the Maine Historic Preservation Commission.
(k)
Participate in at least one informational/educational training workshop per year sponsored by the Maine Historic Preservation Commission.
G.
Criteria for establishment of historic districts, historic sites, individual historic properties and historic landmarks.
(1)
General. One or more of the following characteristics, without limitation as to cultural or chronological period, shall serve to qualify an historic district, historic site, individual historic property, historic landmark or archaeological site, as defined in Subsection E of this section, to be established in accordance with this section.
(2)
Structures or sites at which events occur or have occurred that contribute to and are identified with or significantly represent or exemplify the broad cultural, political, economic, military, social or sociological history of Augusta and the nation, including sites and buildings at which the public may gain insight or see examples either of particular items or of larger patterns in the North American heritage.
(3)
Structures or sites importantly associated with historic personages.
(4)
Structures or sites importantly associated with historic examples of a great idea or ideal.
(5)
Structures or structural remains and sites embodying examples of architectural types of specimens valuable for study or representation of a period, style, or method of building construction, of community organization and living or of landscaping; or a single notable structure or a single site representing the work of a master builder, designer, architect or landscape architect.
(6)
Structures contributing to the visual continuity of an historic district.
(7)
Structures or sites listed on or eligible for listing on the National Register of Historic Places and structures or sites listed as or eligible for listing as a National Historic Landmark.
H.
Establishment of historic districts, individual historic structures, historic sites and historic landmarks.
(1)
General.
(a)
Historic districts, individual historic properties, sites and landmarks shall be established by amendment to this section. Amendments may be proposed by the City Council, the Augusta Historic District Review Board, the Planning Board, or the property owner in the case of an individual historic property.
(b)
Recommendations for historic landmark status for individual structures or landmarks outside a designated historic district shall be considered at the request of the property owner only.
(c)
An application for designation of sites, landmarks, districts and individual properties for historic preservation shall be in writing and shall include the information required by Subsection H(2) through (5) that is appropriate. The Chairperson will call a meeting of the Board within 30 days from the date of receipt of the application for the purpose of formulating the Board's recommendation concerning the proposed amendment.
(d)
Upon acceptance of the proposal to designate an historic site, landmark, district or individual historic property, the Board shall prepare a proposed amendment to Subsection I of this section. The proposed amendment shall include a description of the historic district, site, landmark or individual historic property with the date it was adopted.
(2)
Historic sites or landmarks.
(a)
A concise description of the physical elements, qualities, architectural style, period and historical significance represented by the structure or site, including a consideration of scale, materials, workmanship and spatial qualities, as relevant.
(3)
Historic districts.
(a)
A concise statement of the remaining physical elements that make this area an historic district and a description of building types and architectural styles and periods represented.
(c)
A justification of the boundaries of the district.
(d)
A description of the types of structure that do not contribute to the significance of the district and an estimate of the percentage of noncontributing structures.
(e)
A map showing all district structures with the identification of contributing structures.
(4)
Expansion of existing districts.
(a)
A concise statement of the physical elements that justify an expansion of an existing district, an explanation detailing how the expansion is consistent with the character of the district, and description of building types and architectural styles and periods represented.
(b)
A concise statement of how the expansion of an existing district meets the review criteria of Subsection G above.
(c)
A justification of the expanded boundaries of the district.
(d)
A description of the types of structures that do not contribute to the significance of the district and an estimate of the percentage of noncontributing structures in the historic district's proposed expansion area.
(e)
A map showing all district structures in the proposed expansion area with an identification of contributing structures.
(5)
Individual historic properties. An amendment to establish an individual historic property may only be proposed by the property owner.
(6)
(Reserved)
(7)
Public hearing and final report. Before a final report is made to the Council, the Augusta Historic District Review Board shall hold a public hearing on the request, after due notice is published twice in a newspaper of general circulation in the City, at least 12 days and seven days prior to the hearing. Written notice of the proposal shall also be given at least 10 days prior to the hearing to the applicants, owners of all property abutting or to be included within the proposed designation, and all other persons found by the Board to have a special interest in the proposal. Failure of any such person to receive notice of the public hearing shall not necessitate another hearing or invalidate any action of the Board. A copy of the proposal shall be sent, at the same time, to the Chairperson of the Planning Board for review and recommendation at the next regular meeting of the Planning Board. Not later than 60 days after the public hearing, the Board shall submit a final report with its recommendations to the City Council.
(8)
Proposed amendment. Upon acceptance of the proposal to designate an historic site, landmark, district or individual historic property, the Board shall prepare a proposed amendment to Subsection I of this section. The proposed amendment shall include a description of the historic district, site, landmark or individual historic property with the date it was adopted.
(9)
(Reserved)
I.
Historic districts, historic sites and historic landmarks defined. All districts, sites, and landmarks are as depicted on the map entitled Historic Districts.
J.
Activities requiring an historic preservation certificate. A property owner shall obtain an historic preservation certificate for any of the following activities within any historic district or activities at any historic site, landmark, or individual historic property.
(1)
Activities that do not require building permits as specified in the Land Use Ordinance of the City of Augusta, but are covered by the provisions of this section.
(2)
Reconstruction, restoration, renovation and alteration:
(a)
Contributing properties: any change in the exterior appearance, as visible from the street or associated public land, of an historic landmark, site, individual historic property, or any structure, as defined in Subsection E, in an historic district by addition, reconstruction or alteration, except for exterior painting.
(3)
New construction of a principal or accessory structure visible from the street or visible from public land associated with the structure where such structure will be located in an historic district.
(4)
Demolition of an historic landmark, individual historic property or any contributing structure in an historic district.
(5)
Moving an historic landmark, individual historic property or any contributing structure in an historic district.
(6)
Improvement projects and objects on contributing properties, such as lighting, sidewalks, raised walkways, handicapped access ramps, paving, curbing, signs, solar panels, heat pumps, and satellite dishes larger than 39 inches in diameter located beyond the right-of-way of any public street or way, but visible from the street, and located within an historic district or affecting any historic site or landmark.
L.
Activities not requiring an historic preservation certificate. The following activities do not require an historic preservation certificate:
(1)
The ordinary maintenance or repair of any exterior architectural feature of any structure or other improvement project when that repair does not involve a change in design, appearance, or materials.
(2)
Impermanent or reversible alterations such as storm windows, storm doors, window air conditioners, shutters, or paint color.
(3)
Alterations to existing signage including signage hanging from an existing bracket system and face changes, with no change in size or lighting.
(4)
Lawn and garden objects and landscaping, including plantings, sculptures, walkways and walls of two feet or less in height.
(6)
Alterations to structures on noncontributing properties, which do not change the size or footprint of the structure.
(7)
The construction or alteration of any structure not visible from the street, as defined in Subsection E.
(8)
The construction, reconstruction, alteration or demolition of any structure where construction is in accordance with a valid building permit issued before establishing new districts, sites or landmarks designated by adoption of or amendment to this section.
(9)
The construction, reconstruction, alteration, restoration or demolition of any feature which the Code Enforcement Officer shall certify is required because of an unsafe or dangerous condition to ensure public safety or when efforts to save such a feature have been declared impractical or uneconomic in response to concerns for public safety.
M.
Application procedures.
(1)
General.
(a)
An application for an historic preservation certificate shall be submitted to the Code Enforcement Officer for any activity requiring a certificate pursuant to Subsection K. The application shall contain all information required by Subsection M(2). The CEO shall forward the application to the Augusta Historic District Review Board and place the application on the agenda of the next regular meeting of the Board. The CEO shall inform the Board of applications proposing only minor changes, as defined in Subsection E. The meeting agenda shall be posted seven days before the meeting. Work sessions shall be posted at least two days in advance.
(b)
The Board shall consider the application at a regular meeting and, within 15 days of the date of the meeting, approve, approve with conditions or deny the application pursuant to Subsection N(4) and (5). By mutual agreement of the Board and the applicant, either written or orally, on the record at a public meeting, the review period may be extended for a designated period.
(2)
Application contents. On the application form supplied by the Board, the applicant shall state the location, use and nature of the matter for which a certificate is requested. The application shall contain the following information or documentation unless the Board expressly waives an item.
(a)
The property owner's name and mailing address.
(b)
The applicant's name, mailing address, and interest in the property, if the applicant is not the owner.
(c)
The E-911 address and Tax Map and lot number of the property.
(d)
The present use and zoning classification of the property.
(e)
A description of the activity requiring an historic preservation certificate.
(f)
A drawing or drawings showing design and location of any proposed alteration or new construction that the Board may require. As it is used here, drawings shall mean plans and exterior elevations drawn to scale, with sufficient detail to show the architectural design, materials and visual textures of the exterior of the building(s), and including samples of materials. Drawing(s) are not required to be professionally prepared, but shall be clear, complete and specific.
(g)
Photographs of the building(s) involved and of adjacent buildings.
(h)
A site plan indicating improvements affecting appearance, such as fences and walls, walks, terraces, accessory buildings, lights, signs and other elements.
(3)
Representation. Property owners are strongly urged to be present when their application is being considered. They may, however, be represented by an agent or attorney at any meeting of the Board. If the property owner is not present, any person acting as the property owner's agent or attorney shall provide evidence of such authority.
N.
Administrative procedures.
(1)
Notice to owners. Before meeting to review an application for an historic preservation certificate, the Board shall notify by United States mail, the applicant, abutting property owners, and the owners of property within 500 feet of the property that is the subject of the application. The notice shall be sent to the person who receives the property tax bills at the address shown in the municipal tax records. Failure of any person to receive notice shall not necessitate another public meeting or hearing nor invalidate any action by the Board.
(2)
Hearing. At the request of the applicant or any other person receiving notice under Subsection N(1) above or when the Board deems it necessary, a public hearing on the application shall be conducted by the Board.
(3)
Procedure of the Board. The Board shall consider the application at a meeting. A minor change, as defined in Subsection E, shall ordinarily be approved and without conditions. The judgment of at least one professional consultant may be obtained in reviewing any major change involving issues of design. The Board shall approve, approve with conditions, or deny the application pursuant to Subsection N(4) and (5). The review period may be extended by mutual agreement of the Board and the applicant, either written or oral, on the record at a public meeting.
(4)
Approval. If the Board finds the application meets the standards of evaluation as detailed in Subsection O, it shall issue a decision to grant an historic preservation certificate. Within seven days of its decision, the Board shall furnish the applicant a copy of the application, a written decision including written findings of fact supporting the decision and any written recommendations. The Board shall also furnish copies of these documents to the Code Enforcement Officer for filing in the City Map and Lot files.
(5)
Conditional approval and disapproval. If the Board does not find that the application meets the standards of evaluation herein, it shall either issue a decision to grant an historic preservation certificate with conditions or issue a decision to deny an historic preservation certificate. Within seven days of its decision, the Board shall furnish the applicant a copy of the application, a written decision including any conditions of approval and written findings of fact supporting the decision. The Board shall also furnish copies of these documents to the Code Enforcement Officer for filing in the City Map and Lot files.
O.
Standards of evaluation.
(1)
General.
(a)
The Board's areas of focus shall be matters affecting the maintenance of historic structures, the protection of archaeological resources, and the preservation of the historic character of viewscapes.
(b)
The standards of evaluation described below and elsewhere in this section are intended for the evaluation of contributing properties. Changes to a noncontributing property are considered only insofar as they may affect the historic integrity of the viewscape or the district as a whole.
(2)
Reconstruction, renovation and alteration.
(a)
Except as specified in Subsection L, a structure designated as an historic landmark or site or a structure located in a designated historic district, or related structures or improvements, such as walls, fences, light fixtures, steps, or paving located in a designated historic district, shall not be altered, and no historic preservation certificate shall be issued for such actions unless these actions will preserve or enhance the historical and architectural character of the structure, and are visually compatible with the viewscape.
(b)
Every reasonable effort shall be made to use a property for its originally intended purpose or to provide compatible use for a property that requires minimal alteration to the character-defining features of the structure or site and its environment. When NFPA Life Safety 101 Code modifications subject to the Historic District Ordinance are made to a structure, every effort shall be made to accommodate the standards of the Historic District Ordinance while meeting the NFPA Life Safety 101 Code requirements. The Board shall review the cost of complying with NFPA Life Safety 101 Codes and determine that the changes made have the least impact possible on the historic characteristics of the structure, while still enabling the building to generate a reasonable return to the owner. In cases where the originally intended purpose of the structure has been modified over time, those changes shall be considered during the Board review of the application.
(c)
Rehabilitation work shall not destroy or displace the distinguishing features or character of a structure and setting. Distinctive stylistic features that characterize historic structures shall be preserved wherever possible.
(d)
All structures and sites shall be recognized as products of their own time. Alterations that have no historical basis or create a false sense of historical development, such as adding conjectural features or elements from other properties, shall be discouraged.
(e)
Changes that may have taken place in the course of time are evidence of the history and development of a structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. Features not original to the structure and that have not acquired their own significance are deemed noncontributing and, therefore, can be replaced according to standards under Subsection O(2)(g) or (j).
(f)
Distinctive stylistic features or examples of skilled craftsmanship that characterize a structure or site shall be treated with sensitivity.
(g)
Deteriorated architectural features of structures, or settings, shall be repaired rather than replaced whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic, physical or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other structures.
(h)
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other methods that will damage the historic building materials shall not be undertaken.
(i)
Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project.
(j)
Contemporary design for alterations and additions to existing properties is permitted when it does not destroy significant historical, architectural or cultural material, and the design is compatible with the size, scale, material and character of the property, neighborhood or environment. In particular, modern energy systems and their features (solar panels, heat pumps, etc.) shall be allowed to be incorporated into properties with an effort to make them fit into the character of the property and neighborhood as best as possible.
(k)
Whenever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
(3)
Construction and/or placement of new buildings and other structures in historic districts.
(a)
The construction and/or placement of a new building or other structure shall be in keeping with the surrounding area and compatible, as defined in Subsection E, with other structures in the historic viewscape to which it is related.
(b)
The Board shall review associated elements visible from the street, such as fences, walls, and signs to protect the district's viewscape.
(4)
Visual compatibility factors for new construction and additions. Within historic districts, historic sites or landmarks, all new construction and all new additions shall be visually related.
(a)
Height. The height of proposed buildings and other structures shall be visually compatible with adjacent structures.
(b)
Proportion of building's facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with nearby buildings and open spaces.
(c)
Proportion of opening within the facade. The relationship of the width of the windows to the height of the windows and doors in a building shall be visually compatible with the windows and doors of nearby buildings.
(5)
Demolition or removal. An historic landmark, or any structure in an historic district or any attached structure, whether residential or commercial, shall not be demolished or removed and an historic preservation certificate to do so shall not be issued unless one of the following conditions is met:
(a)
The structure has been identified by the Board as noncontributing or incompatible with the historic district in which it is located; or
(b)
The property owner can demonstrate that it cannot be renovated or reconstructed so as to earn an economic return on its value in its present location as determined by a qualified real estate appraiser.
P.
Maintenance and repair. The property owner or the person in charge of an individual historic property, a structure within an historic district or of an historic landmark shall not allow that structure or landmark to fall into a state of deterioration by neglect. This condition consists of the deterioration of any exterior structural or architectural feature to such a degree that it would produce, in the judgment of the Board, an irremediably detrimental effect on the life and character of that historic structure or landmark and that could lead to a claim that demolition is necessary for public safety. When the Board acquires evidence of such deterioration, it shall notify the Code Enforcement Officer who will in turn notify the property owner of the potential violation of this section. This condition of deterioration includes but is not limited to:
(1)
The deterioration of exterior walls or other vertical supports.
(2)
The deterioration of roofs or other horizontal members, including the ineffective waterproofing of exterior walls, roofs and foundations, as well as broken windows and doors.
(3)
The deterioration of exterior chimneys.
(4)
The deterioration of exterior plaster or mortar.
(5)
The deterioration of any feature to the extent that it would create or permit the creation of any hazardous or unsafe condition.
§ 300-316.6 Resource Conservation and Use District.
(Reserved)
§ 300-316.7 Affordable Housing Development Density Bonus District.
[Added 12-7-2023 by Ord. No. 23-180]
A.
Intent. The intent of this section is to comply with state law related to density bonuses regarding affordable housing developments within the designated growth area.
B. AFFORDABLE HOUSING DEVELOPMENT(1) (2) (3) (a) (b)
Definitions.
"Affordable housing development" means.
For rental housing, a development in which a household whose income does not exceed 80% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford 51% or more of the units in the development without spending more than 30% of the household's monthly income on housing costs; and
For owned housing, a development in which a household whose income does not exceed 120% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford 51% or more of the units in the development without spending more than 30% of the household's monthly income on housing costs.
For purposes of this definition, "housing costs" include:
For a rental unit, the cost of rent and any utilities (electric, heat, water, sewer, and/or trash) that the household pays separately from the rent; and
For an ownership unit, the cost of mortgage principal and interest, real estate taxes (including assessments), private mortgage insurance, homeowner's insurance, condominium fees, and homeowners' association fees.
C.
Criteria. Development projects that qualify as Affordable Housing Developments, as defined by this ordinance, that meets the following standard:
(1)
Application for approval of an affordable housing development requires the owner or applicant to demonstrate long term affordability by (1) execution of a restrictive covenant that is enforceable by a party acceptable to the municipality; and (2) recording the restrictive covenant in the appropriate registry of deeds to ensure affordability for at least thirty (30) years after completion of construction:
(a)
For rental housing, occupancy of all the units designated affordable in the development will remain limited to households at or below 80% of the local area median income at the time of initial occupancy; and
(b)
For owned housing, occupancy of all the units designated affordable in the development will remain limited to households at or below 120% of the local area median income at the time of initial occupancy.
D.
For Affordable Housing Developments that meet the criteria in Section C above:
(1)
A density bonus of two and a half (2.5) times the number of units per square feet of lot area allowed in the base zoning district shall be allowed. Fractional results shall be rounded down to the nearest whole number.
E.
District. The Affordable Housing Development Density Bonus District shall be bounded as shown on the map titled Affordable Housing Development Density Bonus District and dated September 15, 2023. The boundaries are the same as those identifying the designated Growth Area in the 2023 Augusta Comprehensive Plan adopted by the City Council on November 2, 2023.