Belfast City Zoning Code
ARTICLE V
District Regulations
Sec. 102-301 Official zoning map.
[Ord. of 3-31-2011; 12-5-2017]
The City of Belfast has adopted the attached map as the Official Zoning Map of the City of Belfast. This Zoning Map is provided to assist readers of the ordinance in the interpretation and application of information in Chapter 102, Zoning, particularly Article V, District Regulations. The attached map reflects all Chapter 102, Zoning, ordinances adopted by the City of Belfast through December 31, 2014, that can be found on the General Code Corporation website.
Sec. 102-321 Permitted uses requiring Code Enforcement Officer review.
[Ord. No. 28-1997, § 601.1, 3-4-1997; 12-5-2017; 1-7-2020]
Permitted uses requiring Code Enforcement Officer review in the General Purpose "A" District are as follows:
(1)
Residential single family dwelling. Manufactured housing units are permitted.
(2)
Residential, two-family dwelling. Manufactured housing units are permitted.
(3)
Residential, one or two bedroom accessory dwelling unit in a detached structure. Manufactured housing units are permitted as an accessory dwelling unit.
(4)
Home occupations (expanded definition).
(5)
Agricultural uses, including the keeping of farm animals and pleasure animals, forestry and horticultural uses (also see Section 102-322(4) below).
(6)
Recreational or community activities except those operated for profit.
(7)
Municipal uses deemed necessary by the City Council, but, prior to taking action thereon, the Council shall hold a public hearing for which 10 days' public notice shall be given.
(8)
Essential services.
(9)
Accessory structures.
(10)
Accessory uses and yard sales on no more than 10 days in a calendar year.
(11)
Solar energy systems, small-scale and medium-scale, ground-mounted and roof-mounted.
(12)
Solar energy systems, large-scale, roof-mounted.
Sec. 102-322 Permitted uses requiring Planning Board review.
[Ord. No. 28-1997, § 601.2, 3-4-1997; Ord. No. 1-1999, 7-6-1999; Ord. No. 21-2006, 2-7-2006; Ord. No. 32-2006, 3-21-2006; Amd. of 5-3-2006; 12-18-2018; 1-7-2020]
Permitted uses requiring Planning Board review in the General Purpose "A" District are as follows:
(1)
Fill, loam, sand, and gravel extraction operations (subject to site review under the provisions of chapter 90, no matter what the size of the nonvegetated area), provided the operation does not include the removal of bedrock material through blasting or any other mechanical means or the crushing or further processing of such bedrock material.
(2)
Cemeteries.
(3)
Recreational activities operated for profit.
(4)
Junkyards, including auto graveyards (subject to site review under the provisions of chapter 90, no matter what the size of the nonvegetated area), commercial piggeries and commercial poultry raising.
(5)
School, day nursery, or institution of an educational, religious, philanthropic, fraternal, political or social nature.
(6)
Planned unit development and cluster housing development.
(7)
Congregate residential retirement housing.
(8)
Health services offices and professional offices.
(9)
Health care facilities.
(10)
Non-municipal public and quasipublic uses.
(11)
Veterinarians and veterinary clinics and hospitals.
(12)
Kennels for boarding of pets.
(13)
Mobile home parks, which may be located only within a Manufactured Housing Overlay District.
(14)
Boat storage for profit.
(15)
Commercial structures and uses, including but not limited to funeral homes, small scale retail and wholesale business establishments, multifamily housing, hotels, motels, restaurants, motor vehicle sales and services, mobile home and equipment sales and services, small scale retail motor fuel and service establishments, shopping centers, drive-in theaters, warehouses, storage facilities, light industrial uses, marine-related activities, boat storage, office complexes, and crafts production.
(16)
Expansion of facilities used for the spreading of septic sludge, provided such expansion is found to be in compliance with the provisions of chapter 90, pertaining to site plan review, and the site is used exclusively for properties located in the City, is approved by the City Council, and is in compliance with all state, federal and City laws, rules, regulations and codes.
(17)
Shopping centers, provided the shopping center is an extension of a project in the Highway Commercial zone that needs up to an additional 1,000 feet in depth to allow for parking in front of the building.
(18)
Bed and breakfast, including class 1, class 2 and class 3.
(19)
Telecommunications facilities and stealth telecommunications facilities, except in that portion of the General Purpose-A zoning district that is located between Robbins Road to the northeast and the Passagassawakeag River to the southwest.
(20)
(Reserved)
(21)
(Reserved)
(22)
(Reserved)
(23)
Medical marijuana manufacturing facilities.
(24)
Medical marijuana testing facilities.
(25)
Solar energy systems, large-scale, ground-mounted.
Sec. 102-323 Applicability of shoreland zoning and floodplain regulations.
Sec. 102-324 Standards.
[Ord. No. 28-1997, § 601.4, 3-4-1997]
(a)
The general standards of performance of article IX of this chapter shall be observed in the General Purpose "A" District.
(b)
The following standards shall also apply:
(1)
Residential uses.
a.
Maximum residential density for one- or two-family dwelling structures is one dwelling structure per net acre.
b.
Maximum net residential density for one-family dwelling structures with City sewer shall be one dwelling structure per one-third acre.
c.
Maximum residential density for three- or more family dwelling structures is three dwelling units per net acre.
d.
Minimum lot frontage is 100 feet.
e.
The minimum rear and side yard setback is 15 feet.
(3)
Setback from, right-of-way. The minimum setback shall be 30 feet from the road right-of-way line as determined by either measuring a distance from the center of the traveled way that equals 1/2 the right-of-way distance plus 30 feet, or determining the right-of-way boundary by a survey at the owner's expense and adding 30 feet. Where the right-of-way width is unavailable or uncertain, the setback shall be 60 feet from the center of the traveled way.
Sec. 102-325 Planned unit development and cluster housing development.
[Ord. No. 28-1997, § 601.5, 3-4-1997]
In the case of planned unit development and cluster housing development in the General Purpose "A" District, the standards in section 102-324 may be modified in accordance with the special provisions of article VI of this chapter. In addition, planned unit development and cluster housing development shall be reviewed under the subdivision ordinance.
Sec. 102-326 Prohibited uses.
[Ord. No. 28-1997, § 601.6, 3-4-1997]
Only those uses specifically listed as permitted uses or permitted uses requiring Planning Board review are allowed within the General Purpose "A" District. All other uses are excluded.
Sec. 102-341 Permitted uses requiring Code Enforcement Officer review.
[Ord. No. 28-1997, § 602.1, 3-4-1997; 12-5-2017; 1-7-2020; 8-3-2021]
Permitted uses requiring Code Enforcement Officer review in the General Purpose "B" District are as follows:
(1)
Residential, single family dwelling. Manufactured housing units are permitted.
(2)
Residential, two-family dwelling. Manufactured housing units are permitted.
(3)
Residential, one or two bedroom accessory dwelling unit in a detached structure. Manufactured housing units are permitted as an accessory dwelling unit. Also reference the Article IX, Division 6, Supplemental Performance Standards for an Accessory Dwelling Unit in a Detached Structure, in this chapter.
(4)
Home occupations (expanded definition).
(5)
Agricultural uses, including the keeping of farm animals and pleasure animals, forestry and horticultural uses (also see Section 102-342(4) below).
(6)
Recreational or community activities, except those operated for profit.
(7)
Municipal uses deemed necessary by the City Council, but, prior to taking action thereon, the Council shall hold a public hearing for which 10 days' public notice shall be given.
(8)
Essential services.
(9)
Accessory structures.
(10)
Accessory uses and yard sales on no more than 10 days in a calendar year.
(11)
Solar energy systems, small-scale and medium-scale, ground-mounted and roof-mounted.
(12)
Solar energy systems, large-scale, roof-mounted.
(13)
Fill activities that involve the removal or addition of fill that exceeds 100 cubic yards of material.
(14)
Bed and breakfast, including class 1, class 2 and class 3.
Sec. 102-342 Permitted uses requiring Planning Board review.
[Ord. No. 28-1997, § 602.2, 3-4-1997; Ord. No. 42-1997, 4-15-1997; Ord. No. 49-1997, 5-20-1997; Ord. No. 1-1999, 7-6-1999; Ord. No. 21-2006, 2-7-2006; 12-18-2018; 1-7-2020; 8-3-2021]
Permitted uses requiring Planning Board review in the General Purpose "B" District are as follows:
(1)
Fill, loam, sand and gravel extraction operations (subject to site review under the provisions of Chapter 90, Site Plan, no matter what the size of the nonvegetated area), provided the operation does not include the removal of bedrock material through blasting or any other mechanical means or the crushing or further processing of such bedrock material.
(2)
Cemeteries.
(3)
Recreational activities operated for profit.
(4)
Junkyards, including auto graveyards (subject to site review under the provisions of Chapter 90, Site Plan, no matter what the size of the non-vegetated area), commercial piggeries, and commercial poultry raising.
(5)
School, day nursery, or institution of an educational, religious, philanthropic, fraternal, political or social nature.
(6)
Residential planned unit development and cluster housing development.
(7)
Congregate residential retirement housing.
(8)
Health care offices and professional offices.
(9)
Health care facilities.
(10)
Non-municipal public and quasi-public uses.
(11)
Veterinarians and veterinary clinics.
(12)
Kennels for boarding of pets and pet training.
(13)
Manufactured housing communities (mobile home parks), which may be located only within a Manufactured Housing Overlay District.
(14)
Boat building, boat repair, boat retrofitting, and boat storage, including the on-site sale of boats and accessory equipment.
(15)
Commercial structures and uses, including but not limited to funeral homes, small scale retail and wholesale business establishments, small scale retail stores and services, manufacturing, hotels/motels, restaurants (excluding fast food), ice cream stands, motor vehicle sales and services, mobile home and equipment sales and services, retail motor fuel and service establishments, shopping centers, drive-in theaters, warehouses, storage facilities, light industrial uses, office complexes, and crafts production and sales.
(16)
Storage tanks for petroleum products, including propane (subject to site plan review under the provisions of Chapter 90, Site Plan, no matter what the size of the nonvegetated area).
(17)
(Reserved)
(18)
Stealth telecommunication facilities.
(19)
(Reserved)
(20)
Medical marijuana manufacturing facilities.
(21)
Medical marijuana testing facilities.
(22)
Solar energy systems, large-scale, ground-mounted.
Sec. 102-342.50 Prohibited uses.
Sec. 102-343 (Reserved) [1]
[1]
Editor's Note: Former Section 102-343, Applicability of shoreland zoning and floodplain regulations, adopted 3-4-1997 by Ord. No. 28-1997, was repealed 8-3-2021.
Sec. 102-344 (Reserved) [1]
[1]
Editor's Note: Former Section 102-344, Standards, adopted 3-4-1997 by Ord. No. 28-1997, was repealed 8-3-2021.
Sec. 102-344.25 Dimensional standards for residential uses and residential structures in the General Purpose "B" District.
[8-3-2021]
(a)
Minimum lot size and minimum lot frontage requirements for residential uses.
(1)
Minimum lot size and lot frontage requirements for a property connected to public sewer.
Type of Use on Sewer | Lot Size | Lot Frontage |
|---|---|---|
Single family residential | 14,520 sq ft. | 100 lineal feet |
Two-family residential | 14,520 sq ft. | 100 lineal feet |
Single family with detached accessory dwelling unit | 14,520 sq ft. | 100 lineal feet |
Multi-family residential | Prohibited use. 21,780 net sq ft for a nonconforming use of record | Prohibited use. 150 ft for a nonconforming use of record |
(2)
Minimum lot size and lot frontage requirements for a property that uses a subsurface wastewater disposal system for managing wastewater.
Type of Use - Subsurface System | Lot Size | Lot Frontage |
|---|---|---|
Single family residential | 43,560 sq ft. | 150 lineal feet |
Two-family residential | 43,560 sq ft. | 150 lineal feet |
Single family with detached accessory dwelling unit | 43,560 sq ft. | 150 lineal feet |
Multi-family residential | Prohibited use. 43,560 net sq ft for a nonconforming use of record | Prohibited use. 150 ft for a nonconforming use of record |
(3)
If a lot (property) is connected to public sewer or uses a subsurface system for managing wastewater, and there are one or more types of residential uses on the lot, the total size (area) of the lot must be no less than the amount of square feet needed to satisfy the minimum lot size requirement for each of the respective uses on the lot, reference standards (a)(1) and (2) above, and the amount of use on the lot must comply with the residential density standards identified in Section 102-344.5. The total amount of lot frontage for the lot, however, only needs to satisfy the minimum amount of lot frontage required for the most intensive use on the property.
(b)
Minimum structure setback requirements for residential structures.
(1)
The following minimum structure setback requirements shall apply to the following types of residential structures and accessory structures to said residential structures:
Type of Use | Front Setback | Side Setback | Rear Setback |
|---|---|---|---|
Single family | 30 ft | 15 ft | 15 ft |
Two family | 30 ft | 15 ft | 15 ft |
Single family with detached accessory dwelling unit | 30 ft | 15 ft | 15 ft |
Multi-family | Prohibited use 30 ft for a nonconforming use of record | Prohibited use. 25 ft for a nonconforming use of record | Prohibited use. 25 ft for a nonconforming use of record |
(2)
The minimum amount of front setback for all structures identified in Subsection (b)(1) above shall be determined as follows:
a.
The minimum setback shall be 30 feet from the road right-of-way line as determined by either measuring a distance from the center of the traveled way that equals one-half the right-of-way distance plus 30 feet, or determining the right-of-way boundary by a survey at the owner's expense and adding 30 feet.
b.
Notwithstanding the front structure setback requirement identified in Subsection (b)(1) above, if the amount of right-of-way width is unavailable or uncertain, and the owner chooses not to provide the City a survey, the minimum structure setback shall be 60 feet from the center of the respective traveled way.
(c)
Maximum structure height for residential structures. The maximum height of the following types of residential structures shall comply with the following standards:
Type of Structure | Maximum Height |
|---|---|
Single family | 38 ft |
Two family | 38 ft |
Single family with detached accessory dwelling unit | 38 ft |
Multi-family | Prohibited use. 38 ft for a nonconforming use of record |
Sec. 102-344.5 Density standards for residential uses in the General Purpose "B" District.
[8-3-2021]
(a)
The following density standards shall apply to a lot (property) that is connected to public sewer and that is occupied by the following type of residential use:
Type of Use | Connected to Sewer |
|---|---|
Single family | One unit in one structure per 14,520 sq. ft. |
Two family | Two units in one structure per 14,520 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 14,520 sq. ft. Also reference Article IX, Division 6, supplemental performance standards. |
Multi-family | Prohibited use. For a nonconforming use of record: 3 units per 21,780 net square feet and an additional 7,260 net sq ft for each additional unit. |
(b)
The following density standards shall apply to a lot (property) that uses a subsurface wastewater disposal system to manage wastewater, and that is occupied by the following types of residential use:
Type of Use | Subsurface System for Wastewater |
|---|---|
Single family | One unit in one structure per 43,560 sq. ft. |
Two family | Two units in one structure per 43,560 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 43,560 sq. ft. Also reference Article IX, Division 6, supplemental performance standards. |
Multi-family | Prohibited use. For a nonconforming use of record: 3 units per 43,560 net sq ft, and an additional 14,520 net sq ft for each additional unit. |
(c)
Residential planned unit development and cluster housing development. A residential planned unit development or cluster housing development is a permitted use in the General Purpose B Zoning District. The dimensional standards identified in Section 102-344.25, and the density standards identified in Subsection (a) and (b) of this section, may be modified in accordance with the special provisions of Article VI of this chapter. In addition, notwithstanding the prohibition on multi-family housing in the General Purpose "B" District, a residential planned unit development and cluster housing development project may include multi-family housing as an alternative residential development option, provided all Article VI standards are satisfied. A residential planned unit development and cluster housing development shall be subject to review pursuant to requirements of the Subdivision Ordinance (Chapter 94) and Chapter 90, Site Plans.
(d)
If a lot (property) is occupied by more than one type of residential use, the size (area) of the lot, in total, must satisfy the respective residential lot size standards identified in Section 102-344.25 for each type of residential use, and the respective residential density standards identified in Subsections(a) and (b) of this section for each type of residential use. The total amount of lot frontage for the lot, however, must only satisfy the minimum amount of lot frontage required for the most intensive use that is on the property.
(e)
If a lot (property) is occupied by a nonresidential use and one or more types of residential use, the size (area) of the lot, in total, must satisfy the minimum lot size (area) requirement identified in Section 102-345.5 for the nonresidential use, the respective residential lot size standards identified in Section 102-344.25 for each type of residential use, and the respective residential density standards identified in Subsections(a) and (b) of this section for each type of residential use. The total amount of lot frontage for the lot, however, must only satisfy the minimum amount of lot frontage required for the most intensive use that is on the property.
Sec. 102-345 (Reserved) [1]
[1]
Editor's Note: Former Section 102-345, Planned unit development and cluster housing development, adopted 3-4-1997 by Ord. No. 28-1997, was repealed 8-3-2021.
Sec. 102-345.5 Dimensional standards for nonresidential uses and nonresidential structures in the General Purpose "B" District.
[8-3-2021]
(a)
Minimum lot size and minimum frontage requirements for nonresidential uses.
(1)
A lot (property) that is connected to public sewer that is occupied by a nonresidential use shall be a minimum of 43,560 net square feet (one net acre) in size and shall have a minimum of 200 feet of road frontage, if the lot has frontage on a road.
(2)
A lot (property) that uses a subsurface wastewater disposal system for managing wastewater, and that is occupied by a nonresidential use, shall be a minimum of 43,560 net square feet (one net acre) in size and shall have a minimum of 200 feet of road frontage, if the lot has frontage on a road.
(3)
Refer to Sec. 102-344.5(e) for lot size requirements for a lot that is occupied by both a nonresidential use and one or more types of residential uses.
(b)
Minimum structure setback requirements for nonresidential structures.
(2)
The minimum amount of front setback for a nonresidential structure shall be determined by the method for residential structures identified in Section 102-344.25(b)(2).
(c)
Maximum structure height for nonresidential structures. The maximum height of a nonresidential structure or an accessory structure to a nonresidential structure shall be 38 feet. This height requirement does not apply to the following specific uses: a telecommunication facility (subject to Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 5, Telecommunications Facilities), a water standpipe storage tank, a fuel storage tank, a utility pole, and a storage silo for an agricultural use. This height requirement similarly does not apply to structures that may be exempt from the measurement of height pursuant to the City definition for height of a structure.
Sec. 102-346 (Reserved) [1]
[1]
Editor's Note: Former Section 102-346, Prohibited uses, adopted 3-4-1997 by Ord. No. 28-1997, was renumbered and readopted 8-3-2021. See now Section 102-342.50, Prohibited uses.
Sec. 102-347 Performance standards for the General Purpose "B" District.
[8-3-2021]
(a)
All uses in the General Purpose B Zoning District shall comply with the Article IX, Division 2, Environmental Standards, and specific uses that are proposed shall comply with other applicable standards in the City Code of Ordinances. All uses also shall comply with applicable requirements of the Chapter 98, Technical Standards, and if the project qualifies as a site plan, the requirements of Chapter 90.
Sec. 102-361 Permitted uses requiring Code Enforcement Officer review.
[Ord. of 4-6-2010(2); 12-5-2017; 1-7-2020]
Permitted uses requiring Code Enforcement Officer review in the Residential/Agricultural I District are as follows:
(1)
Residential, single-family dwelling. Manufactured housing units are permitted.
(2)
Residential, two-family dwelling. Manufactured housing units are permitted.
(3)
Residential, one or two bedroom accessory dwelling unit in a detached structure. Manufactured housing units are permitted as an accessory dwelling unit.
(4)
Agricultural uses, including the keeping of farm animals and pleasure animals, agricultural processing, and horticultural uses, excluding slaughter-houses and factories, piggeries or raising of poultry for commercial purposes.
(5)
Recreational or community activities except those operated for profit. In the case of any such activity which operates a restaurant, the hours of operation of the restaurant do not begin before 5:00 a.m. and end no later than 10:00 p.m. The Belfast Curling Club, which is located at Map 2, Lot 87A, is specifically exempt from this provision.
(6)
Municipal uses deemed necessary by the City Council, but, prior to taking such action thereon, the Council shall hold a public hearing for which 10 days' notice shall be given.
(7)
Essential services.
(8)
Accessory uses to principal uses for which the CEO can issue a permit, including yard sales on no more than 10 days in any calendar year.
(9)
Accessory structures.
(10)
Forest management, timber harvesting, woodlot management and on-site firewood processing activities.
(11)
Solar energy systems, small-scale and medium-scale, ground-mounted and roof-mounted.
(12)
Solar energy systems, large-scale, roof-mounted.
Sec. 102-362 Permitted uses requiring Planning Board review.
[Ord. of 4-6-2010(2); 12-18-2018; 1-7-2020]
Permitted uses requiring Planning Board review in the Residential/Agricultural I District are as follows:
(1)
Home occupation (expanded definition).
(2)
Farm stand, crafts sales.
(3)
Small convenience stores. In the case of a convenience store which operates a restaurant, the hours of operation of the restaurant to the public do not begin before 5:00 a.m. and end no later than 10:00 p.m. The Belfast 52 Variety Convenience Store that is located at Map 1, Lot 72, is specifically exempt from the hours of operation restriction on a restaurant.
(4)
Boatbuilding, boat repair and boat storage.
(5)
Car repairs.
(6)
Restaurants, provided that the hours of operation to the public do not begin before 5:00 a.m. and end no later than 10:00 p.m. The Boots and Britches Restaurant/Lounge, which is located at Map 6, Lot 87A, is specifically exempt from the hours of operation restriction on a restaurant.
(7)
Funeral homes.
(8)
Bed and breakfast, including class 1, class 2 and class 3.
(9)
Group home, hospice, nursing home, and congregate retirement residential housing provided the owner resides on the lot and maintains the residence as his primary residence.
(10)
Day nurseries, and institutions of an educational, religious, philanthropic, fraternal, political or social nature. In the case of any such organization which operates a restaurant, the hours of operation of the restaurant do not begin before 5:00 a.m. and end no later than 10:00 p.m. The Belfast Curling Club, located at Map 2, Lot 29A, is specifically exempt from the hours of operation restriction on a restaurant.
(11)
Boarding/lodging establishments, provided the owner resides on the lot and maintains the residence as his primary residence.
(12)
Kennels, stables, and veterinary hospitals.
(13)
Telecommunications facilities and stealth telecommunications facilities.
(14)
Cemeteries.
(15)
Fill, loam, sand, gravel extraction, excluding bedrock, with restrictions on extent of area to be extracted at one time, and establishment of a continuing reclamation and reforestation program (subject to review under the provisions of Chapter 90, no matter what the size of the nonvegetated area).
(16)
Wood lot management and on-site firewood processing.
(17)
Residential planned unit development and cluster housing development project, including the following types of such development:
(18)
Recreational activities operated for profit. In the case of any such activity which operates a restaurant, the hours of operation of the restaurant do not begin before 5:00 a.m. and end no later than 10:00 p.m.
(19)
Storage facilities.
(20)
Laundromat facilities.
(21)
Professional offices, provided that the maximum floor area of any new structure (structure built on or after March 16, 2005) in which a professional office is located is 4,000 square feet, and provided that a maximum of one new structure in which a professional office or other non-residential use is operated is located on the minimum lot size specified in (b)(4). A structure built on or before March 15, 2005, regardless of its size or floor area, can be used for a professional office, provided there is no increase in the amount of usable floor area for a structure that has 4,000 square feet or more of floor area. Also, an existing structure is exempt from the minimum lot size specified in (b)(4) below.
(22)
Medical marijuana manufacturing facilities.
(23)
Medical marijuana testing facilities.
(24)
Solar energy systems, large-scale, ground-mounted.
Sec. 102-363 Applicability of shoreland zoning and floodplain regulations.
Sec. 102-364 Standards.
[Ord. of 4-6-2010(2)]
(a)
The general performance standards of Article IX of this chapter shall apply in the Residential/Agricultural I District.
(b)
The following standards shall apply:
(1)
Maximum density is one net acre per dwelling structure, or two net acres per dwelling structure for subdivisions. Subdivision developments must submit two concept plans prior to the submission of a preliminary plan.
(2)
Minimum lot frontage is 100 feet.
(3)
The minimum side and rear setback is 15 feet.
(4)
The minimum lot size for a property that is used for a nonresidential use shall be two net acres for each nonresidential structure located on the property. Further, a maximum of one nonresidential structure shall be located on any two-acre section of a property. Agricultural uses, subsection 102-361(2), municipal uses, subsection 102-361(5), boat building, storage and repair uses, subsection 102-362(4), and storage facilities, subsection 102-362(19), shall be exempt from this standard.
(c)
The minimum front setback shall be 30 feet. All setbacks shall be measured from the property line, and the applicant shall be responsible for verifying that all setback requirements are met. The applicant and the code enforcement officer or Planning Board may use a MDOT or City road layout or right-of-way, a property deed or similar information to determine the minimum amount of setback required. In cases where the right-of-way width and the specific location of the property boundaries are unavailable or uncertain, the minimum front setback shall be 35 feet from the center of the traveled way. The code enforcement officer or Planning Board, however, may require the applicant to provide a survey to identify property lines and setback requirements if either deems that a survey is necessary to verify the applicant's representations.
Sec. 102-365 Planned unit development and cluster housing development proposed pursuant to Article VI, Division 1.
[Ord. of 4-6-2010(2)]
In the case of planned unit development and cluster housing development in the Residential/Agricultural I District, the standards in section 102-364 may be modified in accordance with the special provisions of Article VI, Division 1 of this chapter. In addition, a planned unit development and cluster housing development project shall be reviewed under the subdivision ordinance. A cluster housing project will limit construction to an overall maximum density of two dwelling units per net acre with a minimum of 30% of the total project area reserved for open space.
Sec. 102-366 Rural affordable housing development project proposed pursuant to Article VI, Division 2.
[Ord. of 4-6-2010(2)]
In the case of a rural affordable housing development project subject to review pursuant to the Article VI, Division 2 process and requirements, the Planning Board shall determine the maximum number of dwelling units permitted. In no case, however, may the maximum number of dwelling units allowed for a project exceed seven.
Sec. 102-367 Prohibited uses.
[Ord. of 4-6-2010(2)]
Only those uses specifically listed as permitted uses or permitted uses requiring Planning Board review are allowed within the Residential/Agricultural I District. All other uses are excluded.
Sec. 102-381 Permitted uses requiring Code Enforcement Officer review.
[Ord. No. 28-1997, § 604.1, 3-4-1997; Ord. No. 57-1997, 6-17-1997; Ord. No. 10-2001, 9-4-2001; 12-5-2017; 1-7-2020]
Permitted uses requiring Code Enforcement Officer review in the Residential/Agricultural II District are as follows:
(1)
Residential, single-family dwelling. Manufactured housing units are permitted.
(2)
Residential, two-family dwelling. Manufactured housing units are permitted.
(3)
Residential, one or two bedroom accessory dwelling unit in a detached structure. Manufactured housing units are permitted as an accessory dwelling unit.
(4)
Agricultural uses, including the keeping of farm animals and pleasure animals, agricultural processing, and horticultural uses, excluding slaughter-houses and factories, piggeries or raising of poultry for commercial purposes.
(5)
Recreational or community activities except those operated for profit. In the case of any such activity which operates a restaurant, the hours of operation of the restaurant do not begin before 5:00 a.m. and end no later than 10:00 p.m.
(6)
Municipal uses deemed necessary by the City Council, but, prior to taking such action thereon, the Council shall hold a public hearing for which 10 days' notice shall be given.
(7)
Essential services.
(8)
Accessory uses to principal uses for which the Code Enforcement Officer can issue a permit, including yard sales on no more than 10 days in any calendar year.
(9)
Accessory structures.
(10)
Forest management, timber harvesting, woodlot management and on-site firewood processing activities.
(11)
Solar energy systems, small-scale and medium-scale, ground-mounted and roof-mounted.
(12)
Solar energy systems, large-scale, roof-mounted.
Sec. 102-382 Permitted uses requiring Planning Board review.
[Ord. No. 28-1997, § 604.2, 3-4-1997; Ord. No. 1-1999, 7-6-1999; Ord. No. 10-2001, 9-4-2001; Ord. No. 21-2006, 2-7-2006; 12-18-2018; 1-7-2020]
Permitted uses requiring Planning Board review in the Residential/Agricultural II District are as follows:
(1)
Home occupation (expanded definition).
(2)
Farm stand, craft sales.
(3)
Small convenience stores (stores less than 4,000 square feet in size with a maximum of two fuel dispensers).
(4)
Boat building, repair and storage.
(5)
Car repairs (maximum of three vehicles offered for sale on the property as an accessory use).
(6)
Restaurants, excluding fast food restaurants.
(7)
Funeral homes.
(8)
Bed and breakfast, including class 1, class 2 and class 3.
(9)
Group home or hospice, provided the owner resides on the lot and maintains said residence as his or her primary residence.
(10)
Day nursery or an institution of an educational, religious, philanthropic, fraternal, political or social nature.
(11)
Boarding/lodging establishment, provided the owner resides on the lot and maintains said residence as his or her primary residence.
(12)
Kennel, stable, veterinary hospital.
(13)
Telecommunications facilities and stealth telecommunications facilities.
(14)
Cemeteries.
(15)
Fill, loam, sand, gravel extraction, excluding bedrock, with restrictions on extent of area to be extracted at one time, and establishment of a continuing reclamation and reforestation program (subject to review under the provisions of chapter 90).
(16)
Wood lot management and on-site fire-wood processing.
(17)
Planned unit development and cluster housing development.
(18)
Recreational activities operated for profit.
(19)
Storage facilities.
(20)
Hospitals.
(21)
Health care facilities, nursing homes.
(22)
Multifamily housing.
(23)
Professional offices, office complexes.
(24)
Schools.
(25)
Congregate care retirement housing.
(26)
(Reserved)
(27)
Medical marijuana manufacturing facilities.
(28)
Medical marijuana testing facilities.
(29)
Solar energy systems, large-scale, ground-mounted.
Sec. 102-383 Applicability of shoreland zoning and floodplain regulations.
Sec. 102-384 Dimensional and density standards.
[Ord. No. 28-1997, § 604.4, 3-4-1997; Ord. No. 10-2001, 9-4-2001]
(a)
Minimum lot size and minimum frontage requirements-Residential uses.
(1)
Any lot created on or after September 4, 2001, that is connected to City sewer and that is used for a single-family or two-family residential use, shall be a minimum of 15,000 square feet in size, and shall have a minimum of 150 feet of road frontage.
(2)
Any lot created on or after September 4, 2001, that is not connected to City sewer and that is used for a single-family residential use, shall be a minimum of 20,000 square feet in size and shall have a minimum of 150 feet of road frontage.
(3)
Any lot created on or after September 4, 2001, that is not connected to City sewer and that is used for a two-family residential use, shall be a minimum of 40,000 square feet in size, and shall have a minimum of 150 feet of road frontage.
(4)
Any lot that was created on or before September 3, 2001, that does not comply with either or both the minimum lot size and minimum frontage requirements established in subsections (1)-(3) shall be considered a nonconforming lot of record, and may be used for a single-family or two-family residential use, subject to the provisions of the state plumbing code for subsurface wastewater disposal (if applicable).
(5)
A lot, regardless of when it was created, that is used for a multifamily residential use established on or after September 4, 2001, shall be connected to public sewer, shall be a minimum of 1/2 acre (21,780 square feet) in size, and shall have a minimum of 150 feet of road frontage.
(6)
A lot that does not comply with any one or all standards identified in subsection (5), and that was used for a multifamily residential use on or before September 3, 2001, shall be considered a nonconforming use. This nonconforming use may continue, and may expand, subject to the requirements of article III, Nonconformance, of this chapter.
(b)
Minimum lot size and minimum frontage requirements-Nonresidential uses.
(1)
Any lot created on or after September 4, 2001, that is used for a nonresidential use shall be a minimum of one acre (43,560 square feet) in size, and the lot shall have a minimum of 150 feet of road frontage.
(c)
Minimum setback requirements.
(1)
The minimum setback requirements for a single-family or two-family dwelling use or structure and any accessory structure or use to these uses are as follows:
Front: 30 feet; | |
Side: 15 feet; and | |
Rear: 15 feet. |
(2)
The minimum setback requirements for a multifamily dwelling use or structure and any accessory structure or use to this use are as follows:
Front: 30 feet; | |
Side: 25 feet; and | |
Rear: 25 feet. |
(3)
The minimum front, side and rear setback requirements for a nonresidential use or nonresidential structure shall be as follows:
Front: 30 feet; | |
Side: 25 feet; and | |
Rear: 25 feet. |
(4)
All setbacks shall be measured from the property line, and the applicant shall be responsible for verifying that all setback requirements are met. The applicant, code enforcement officer or Planning Board may use a MDOT or City road layout or right-of-way, a property deed or similar information to determine the minimum amount of setback required. The code enforcement officer or Planning Board, however, may require the applicant to provide a survey to identify property lines and setback requirements if either deems that a survey is necessary to verify the applicant's representations.
(d)
Structure height. The maximum height of any structure located within 200 feet of Crocker Road or Marsh Road shall be 38 feet. The maximum height of any structure located more than 200 feet from Crocker Road or Marsh Road shall be 50 feet.
(e)
Density standard. The following density standards shall apply to all residential uses in this zoning district. These density standards are subject to modification in accordance with the planned unit development requirements identified in section 102-385.
Type of Use | Sewer | |
|---|---|---|
Single-family | One unit in one structure per 15,000 square feet | |
Two-family | Two units in one structure per 15,000 square feet | |
Multifamily | Three units in one structure per 21,780 square and an additional 7,260 square feet for each additional unit |
Type of Use | Subsurface Wastewater Disposal | |
|---|---|---|
Single-family | One unit in one structure per 20,000 square feet | |
Two-family | Two units in one structure per 40,000 square feet | |
Multifamily | Prohibited as a new use established on or after September 4, 2001 |
Sec. 102-385 Residential and nonresidential planned unit development.
[Ord. No. 28-1997, § 604.5, 3-4-1997; Ord. No. 10-2001, 9-4-2001]
In the case of a residential or nonresidential planned unit development the above standards may be modified in accordance with the special provisions of article VI of this chapter. In addition, planned unit developments shall be reviewed under the subdivision ordinance.
The following maximum density standards shall apply to a residential planned unit development:
Type of Use | Sewer |
|---|---|
Single-family | One unit in one structure per 10,000 square feet |
Two-family | Two units in one structure per 15,000 square feet |
Multifamily | Four units in one structure per 21,780 square feet and an additional 5,445 square feet for each additional unit |
Type of Use | Subsurface Wastewater Disposal |
|---|---|
Single-family | One unit in one structure per 20,000 square feet |
Two-family | Two units in one structure per 30,000 square feet |
Multifamily | Prohibited as a new use established on or after September 4, 2001 |
Sec. 102-386 Prohibited uses.
[Ord. No. 28-1997, § 604.6, 3-4-1997]
Only those uses specifically listed as permitted uses or permitted uses requiring Planning Board review are allowed within the Residential/Agricultural II District. All other uses are excluded.
Sec. 102-401 Permitted uses.
[Ord. No. 28-1997, § 605.1, 3-4-1997; Ord. of 8-3-2010(2)]
Permitted uses in the Residential I Urban District are as follows:
(1)
Residential uses (single-family and two-family), excluding manufactured housing units.
(2)
Public parks.
(3)
Accessory uses, including yard sales on no more than 10 days in any calendar year.
(4)
Municipal uses deemed necessary by the City Council, but, prior to taking action thereon, the council shall hold a public hearing for which 10 days' public notice shall be given.
Sec. 102-402 Permitted uses requiring Planning Board review.
[Ord. No. 28-1997, § 605.2, 3-4-1997; Ord. No. 1-1999, 7-6-1999; Ord. No. 20-2001, 11-7-2001; Ord. No. 21-2006, 2-7-2006]
Permitted uses requiring Planning Board review in the Residential I Urban District are as follows:
(1)
Health service offices and professional offices for not more than one primary practitioner or one professional in a single-family residence, provided the professional resides in the residence. No more than two additional employees serving as associated support personnel are permitted. Off-street parking for the practitioners or professionals and for each full-time equivalent employee shall conform to the requirements and the applicable provisions of chapter 98. In addition, the outward appearance of the building shall remain that of a residence, without display or advertising other than one sign not to exceed two square feet containing no more than the name of each practitioner or professional and the business of each.
(2)
Essential services.
(3)
Funeral homes.
(4)
School, day nursery, or institution of an educational, religious, philanthropic, fraternal, political or social nature.
(5)
Home occupations.
(6)
Bed and breakfast, including class 1, class 2 and class 3.
(7)
Elderly congregate residential housing or elderly housing, subject to the contract rezoning process identified in article X, division 3 of this chapter.
(8)
Stealth telecommunications facilities.
Sec. 102-403 Applicability of shoreland zoning and floodplain regulations.
Sec. 102-404 Standards.
[Ord. No. 28-1997, § 605.4, 3-4-1997; Ord. No. 20-2001, 11-7-2001]
(a)
The general standards of performance in article IX of this chapter shall be observed in the Residential I Urban District.
(b)
The following standards shall also apply:
(1)
Maximum residential density for one- or two-family dwelling structures is one dwelling structure per 10,000 square feet.
(2)
Minimum lot frontage is 60 feet.
(3)
The minimum rear and side yard is 15 feet for all buildings.
(4)
Maximum building height is 38 feet.
(5)
The minimum setback shall be 25 feet from the road right-of-way line as determined by either measuring a distance from the center of the traveled way that equals 1/2 the right-of-way boundary by a survey at the owner's expense and adding 25 feet, or a distance equal to 20% of the average depth of the lot as measured from the edge of the road right-of-way, whichever is less.
Sec. 102-405 Prohibited uses.
[Ord. No. 28-1997, § 605.5, 3-4-1997]
Only those uses specifically listed as permitted uses or permitted uses requiring Planning Board review are allowed within the Residential I Urban District. All other uses are excluded.
Sec. 102-421 Permitted uses requiring Code Enforcement Officer review.
[Ord. No. 28-1997, § 606.1, 3-4-1997; Ord. of 8-3-2010(2); 12-5-2017; 1-7-2020]
Permitted uses requiring Code Enforcement Officer review in the Residential II District are as follows:
(1)
Residential, single-family dwelling. Manufactured housing units are prohibited.
(2)
Residential, two-family dwelling. Manufactured housing units are prohibited.
(3)
Residential, one or two bedroom accessory dwelling unit in a detached structure. Manufactured housing units are prohibited.
(4)
Public parks.
(5)
Municipal uses deemed necessary by the City Council, but, prior to taking action thereon, the Council shall hold a public hearing for which 10 days' public notice shall be given.
(7)
Accessory uses to principal uses to which the Code Enforcement Officer can issue a permit, including yard sales on no more than 10 days in any calendar year.
(8)
Accessory structures to principal structures for which the Code Enforcement Officer can issue a permit.
Sec. 102-422 Permitted uses requiring Planning Board review.
[Ord. No. 28-1997, § 606.2, 3-4-1997; Ord. No. 1-1999, 7-6-1999; Ord. No. 21-2006, 2-7-2006; 10-16-2018[1]; 1-7-2020]
Permitted uses with Planning Board review in the Residential II District are as follows:
(1)
Bed and breakfast, including class 1, class 2 and class 3.
(2)
Health service offices and professional offices.
(3)
Essential services.
(4)
Funeral homes.
(5)
School, day nursery, or institution of an educational, religious, philanthropic, fraternal, political or social nature.
(6)
Nonmunicipal public and quasipublic uses.
(7)
Residential planned unit development and cluster housing development.
(8)
Congregate retirement residential housing.
(9)
Health care facilities.
(10)
Home occupations.
(11)
Stealth telecommunications facilities.
(12)
Significant water intake or significant water discharge or outfall pipes.
[1]
Editor's Note: This ordinance further provided that this amendment "shall expire and no longer be in effect if a person (applicant) does not submit an initial use permit and site plan permit application to construct a land based salmon aquaculture farm to the Belfast Planning Board by December 31, 2019. If the identified permit applications are not submitted by December 31, 2019, the provisions of Article IV and Article V associated with these amendments shall revert to the respective zoning regulations that were in effect on -- (Note to Public: date to be established pursuant to Council October 2018 vote). Notwithstanding the expiration clause for the amendments identified above, the City Council, upon an affirmative vote of at least three voting members, may vote to extend the expiration date of December 31, 2019, for good cause."
Sec. 102-423 Applicability of shoreland zoning and floodplain regulations.
Sec. 102-424 Standards.
[Ord. No. 28-1997, § 606.4, 3-4-1997; Ord. No. 24-1998, 10-20-1998]
(a)
The general standards of performance in article IX of this chapter shall be observed in the Residential II District.
(b)
The following standards shall also apply:
(3)
Minimum lot frontage is 60 feet.
(4)
The minimum rear and side setback is 15 feet for all buildings.
(5)
Maximum building height is 38 feet. The Planning Board may approve a steeple or cupola-like architectural enhancement which has no usable floor area which exceeds the height limitation of this section.
(6)
The minimum setback shall be 25 feet from the road right-of-way line as determined by either measuring a distance from the center of the traveled way that equals 1/2 the right-of-way distance plus 25 feet, or determining the right-of-way boundary by a survey at the owner's expense, and adding 25 feet.
Sec. 102-425 Planned unit development and cluster housing development.
[Ord. No. 28-1997, § 606.5, 3-4-1997]
In the case of a residential planned unit development or cluster housing development in the Residential II District, the standards in section 102-424 may be modified in accordance with the special provisions of article VI of this chapter. In addition, planned unit development or cluster housing development shall be reviewed under the City's subdivision ordinance.
Sec. 102-426 Prohibited uses.
[Ord. No. 28-1997, § 606.6, 3-4-1997]
Only those uses specifically listed as permitted uses or permitted uses requiring Planning Board review are allowed within the Residential II District. All other uses are excluded.
Sec. 102-441 Permitted uses.
[Ord. No. 28-1997, § 607.1, 3-4-1997; Ord. No. 1-1999, 7-6-1999; Ord. No. 71-2001, 5-15-2001]
Permitted uses in the Downtown Commercial District are as follows:
(1)
Retail stores and services, excluding retail gasoline outlets.
(2)
Business, health care and professional offices.
(3)
Restaurants, excluding fast food restaurants and restaurants with a drive-through window.
(4)
Municipal uses deemed necessary by the City Council but prior to taking action thereon, the council shall hold a public hearing for which 10 days public notice shall be given.
(5)
Parking facilities.
(6)
Essential services.
(7)
School, day nursery, municipal building or use, public park, institution of an educational, religious, philanthropic, fraternal, political or social nature.
(8)
Accessory uses, including residential use of the upper stories of structures, and yard sales on no more than 10 days in any calendar year.
(9)
Art galleries.
(10)
Craft fairs, on no more than 10 days in any calendar year.
Sec. 102-442 Permitted uses requiring Planning Board review.
[Ord. No. 28-1997, § 607.2, 3-4-1997; Ord. No. 1-1999, 7-8-1999; Ord. No. 71-2001, 5-15-2001; Ord. No. 21-2006, 2-7-2006]
Permitted uses requiring Planning Board review in the Downtown Commercial District are as follows:
(1)
Wholesale business establishments.
(2)
Public and private educational, amusement, and assembly facilities.
(3)
Manufacturing, provided that there is no exterior storage of materials, that the appearance of a retail establishment is maintained, and that the hours of operation begin no earlier than 7:00 a.m. and end no later than 11:00 p.m.
(4)
Congregate residential retirement housing.
(5)
Non-municipal public and quasi-public uses.
(6)
Bed and breakfast, including Class 1, Class 2 and Class 3.
(7)
Multifamily housing.
(8)
Health care facilities.
(9)
Hotels and motels.
(10)
Stealth telecommunications facilities.
Sec. 102-443 Standards.
Sec. 102-444 Applicability of shoreland zoning and floodplain regulations.
[Ord. No. 71-2001,[1] 5-15-2001]
Provisions of chapter 82, pertaining to shoreland zoning, and chapter 78, article II, pertaining to floodplains, may apply in the Downtown Commercial District. See the shoreland zoning maps and FIRM flood maps.
[1]
Editor's Note: This ordinance also renumbered former Section 102-444 as Section 102-445.
Sec. 102-445 Prohibited uses.
[Ord. No. 28-1997, § 607.6.4, 3-4-1997; Ord. No. 71-2001, 5-15-2001]
Only those uses specifically listed as permitted uses or permitted uses requiring Planning Board review are allowed within the Downtown Commercial District. All other uses are excluded.
Sec. 102-461 Use Table.
[1-15-2019; 1-7-2020]
The Table of Uses in this section identifies uses that are permitted in the following identified zoning districts. This Table of Uses identifies permitted uses for the following zoning districts, as such are shown on the Official Zoning Map adopted by the City Council at its meeting of October 7, 2014, and as such zoning district boundaries may be amended by the City from time to time: Residential 1, Residential 2, Residential 3, Downtown Commercial, Waterfront Mixed Use 1 and Waterfront Mixed Use 2. Said Table of Uses includes amendments to the Table adopted by the City Council at its meetings of June 21, 2016, and December 5, 2017, the re-codification of said tables that were adopted by the City Council at its meeting of January 15, 2019, and subsequent amendments to the re-codification of said tables that may be adopted by the City Council from time to time.
This Table of Uses does not identify certain properties located in the Residential 1, Residential 2, Waterfront Mixed Use 1 and Waterfront Mixed Use 2 zoning districts that may be permitted to conduct additional uses as part of an application approved through the City contract rezoning process. Properties in the Residential 1 and Residential 2 zoning district that may use the contract rezoning process are identified in Chapter 102, Zoning, Article X, Contract Rezoning, Division 3, Residential 1 and Residential 2 Zoning Districts. Properties in the Waterfront Mixed Use 1 and Waterfront Mixed Use 2 zoning districts that are either required to use the contract rezoning process or that may voluntarily request to use the contract rezoning process are identified in Chapter 102, Zoning, Article X, Contract Rezoning, Division 4, Waterfront Mixed Use-1 Zoning District, Waterfront Mixed Use-2 Zoning District and Waterfront Development Shoreland District.
Footnotes to the Use Table identify additional requirements that apply to certain uses identified in the Use Table, and are more fully described in Section 102-462. Footnotes are identified in the Table of Uses by the following designation: * [number].
Table of Uses | |||||||
|---|---|---|---|---|---|---|---|
Type of Use | Residential 1 | Residential 2 | Residential 3 | Downtown Commercial | Working Waterfront Mixed Use 1 | Working Waterfront Mixed Use 2 | |
1) | Dwelling, single-family | P-CEO | P-CEO | P-CEO | NO | NO | NO |
2) | Accessory apartment to a single-family residential unit in a detached accessory structure (See Footnote *[1]) | P-CEO | P-CEO | P-CEO | NO | NO | NO |
3) | Dwelling, two-family | P-CEO | P-CEO | P-CEO | NO | NO | NO |
4) | Dwelling, multi-family (3 or more units in one structure) | NO | P-PBR *[2] | P-PBR *[2] | P-PBR | P-PBR *[3] | P-PBR *[3] |
5) | Dwelling, multi-family in a residential planned unit development | NO | P-PBR *[2] | P-PBR *[2] | P-PBR | P-PBR *[3] | P-PBR *[3] |
6) | Planned unit development (PUD), residential | P-PBR | P-PBR | P-PBR | P-PBR | P-PBR*[3] | P-PBR*[3] |
7) | Rural affordable housing development PUD | NO | NO | NO | NO | NO | NO |
8) | Cluster housing develoment open space subdivision PUD | P-PBR | P-PBR | P-PBR | NO | NO | NO |
9) | Manufactured housing on a chassis/mobile home | NO | NO | NO | NO | NO | NO |
10) | Manufactured housing (units on permanent foundation) | NO | NO | NO | NO | NO | NO |
11) | Manufactured housing community (units on chassis) or mobile home park | NO | NO | NO | NO | NO | NO |
12) | Accessory residential structures | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO |
13) | Accessory residential uses | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO |
14) | Accessory non-residential structures | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO |
15) | Accessory non-residential uses | P-PBR | P-PBR | P-PBR | P-PBR*[8] | P-PBR | P-PBR |
16) | Accessory residential uses on the upper stories of commercial and office buildings | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO |
17) | Yard sales, residential, held no more than 10 days in a calendar year | P | P | P | P | P | P |
18) | Home occupation class 1: small scale | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO |
19) | Home occupation class 2: mid-scale | P-PBR | P-PBR | P-PBR | P-CEO | P-CEO | P-CEO |
20) | Home occupation class 3: large scale | NO | NO | NO | NO | NO | NO |
21) | Owner occupied boarding or owner occupied lodging house with up to 3 boarders or lodgers | P-PBR | P-PBR | P-PBR | P-PBR | NO | NO |
22) | Owner occupied boarding or owner occupied lodging house with 4 or more boarders or lodgers | NO | P-PBR | P-PBR | P-PBR | NO | NO |
23) | Owner occupied group home or owner occupied hospice with a capacity of up to 8 residents | P-PBR | P-PBR | P-PBR | P-PBR | NO | NO |
24) | Owner occupied group home or owner occupied hospice with a capacity of 9 or more residents | NO | P-PBR | P-PBR | P-PBR | NO | NO |
25) | Group home with a capacity of up to 8 residents | P-PBR | P-PBR | P-PBR | P-PBR | NO | NO |
26) | Group home with a capacity of 9 or more residents | NO | P-PBR | P-PBR | P-PBR | NO | NO |
27) | Up to 6 residents in the following: congregate care, residential retirement housing, assisted living facility or hospice [state defined Levels I, II and III Residential Care Facility and state defined Levels I, II and III Private Non-Medical Institution] | P-PBR | P-PBR | P-PBR | P-PBR | NO | NO |
28) | Seven or more residents in the following: congregate care, residential retirement housing, assisted living facility or hospice [state defined Level IV Residential Care Facility, and state defined Level IV Private Non-Medical Institution] | NO | P-PBR | P-PBR | P-PBR | NO | NO |
29) | Nursing home/nursing center/nursing facility | NO | P-PBR | P-PBR | NO | NO | NO |
30) | Bed and breakfast class 1 | P-PBR | P-PBR | P-PBR | P-PBR | NO | NO |
31) | Bed and breakfast class 2 | P-PBR | P-PBR | P-PBR | P-PBR | NO | NO |
32) | Bed and breakfast class 3 | P-PBR | P-PBR | P-PBR | P-PBR | NO | NO |
33) | Bed and breakfast, non-owner occupied | P-PBR | P-PBR | P-PBR | P-PBR | NO | NO |
34) | Hotel and motel | NO | NO | NO | P-PBR*[8] | P-PBR | P-PBR |
35) | Convention center | NO | NO | NO | P-PBR*[8] | P-PBR | P-PBR |
36) | Campground excluding recreation vehicle (RV) park | NO | NO | NO | NO | NO | NO |
37) | Recreation vehicle (RV) park including motor homes | NO | NO | NO | NO | NO | NO |
38) | Cemetery | NO | NO | NO | NO | NO | NO |
39) | Church, religious facility | P-PBR | P-PBR | P-PBR | P-PBR*[8] | NO | NO |
40) | Community center | NO | P-PBR | P-PBR | P-PBR*[8] | P-PBR | P-PBR |
41) | Social club | NO | P-PBR | P-PBR | P-PBR*[8] | NO | NO |
42) | Care facility, child care facility serving up 12 children [state defined Small Childcare Facility for 3 - 12 children] | P-PBR | P-PBR | P-PBR | P-PBR*[8] | P-PBR | P-PBR |
43) | Care facility, child care facility serving more than 12 children [state defined Child Care Center] | P-PBR | P-PBR | P-PBR | P-PBR*[8] | P-PBR | P-PBR |
44) | Care facility, youth and adult | P-PBR | P-PBR | P-PBR | P-PBR*[8] | P-PBR | P-PBR |
45) | School, private/parochial | P-PBR | P-PBR | P-PBR | P-PBR*[8] | P-PBR | P-PBR |
46) | School, public/charter | P-PBR | P-PBR | P-PBR | P-PBR*[8] | P-PBR | P-PBR |
47) | Dance studio | NO | NO | P-PBR | P-PBR*[8] | P-PBR | NO |
48) | Fitness center | NO | NO | NO | P-PBR*[8] | P-PBR | NO |
49) | Recreational facility, indoor | NO | NO | NO | P-PBR*[8] | NO | NO |
50) | Recreational facility, outdoor, excluding motorized vehicles | NO | NO | NO | NO | NO | NO |
51) | Recreational facility, outdoor, including motorized vehicles | NO | NO | NO | NO | NO | NO |
52) | Municipal uses deemed necessary by the City Council for which the Council shall hold a public hearing with 10 days' public notice given | P | P | P | P | P | P |
53) | Museum | NO | NO | NO | P-PBR*[8] | P-PBR | P-PBR |
54) | Shooting or rifle range | NO | NO | NO | NO | NO | NO |
55) | Parking facility | NO | NO | P-PBR | P-PBR*[8] | P-PBR | P-PBR |
56) | Public park | P | P | P | P | P | P |
57) | Theater/performing arts center | NO | NO | NO | P-PBR*[8] | P-PBR | P-PBR |
58) | Drive-in movie theater | NO | NO | NO | NO | NO | NO |
59) | Theater, outdoor | NO | NO | NO | P-PBR*[8] | P-PBR | P-PBR |
60) | Quasi-public and non-municipal public uses | P-PBR | P-PBR | P-PBR | P-PBR*[8] | P-PBR | P-PBR |
61) | Recreational or community activities | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO |
62) | Amusement park | NO | NO | NO | NO | NO | NO |
63) | Motor vehicle repair with a maximum of 3 vehicles offered for sale on the property as an accessory use | NO | NO | NO | P-PBR*[8] | NO | NO |
64) | Motor vehicle repair with a maximum of 6 vehicles offered for sale on the property as an accessory use | NO | NO | NO | NO | NO | NO |
65) | Motor vehicle repair business | NO | NO | NO | P-PBR*[8] | NO | NO |
66) | Motor vehicle fuel sales | NO | NO | NO | P-PBR*[8] | NO | NO |
67) | Motor vehicle sales including automobiles, snowmobiles, utility-terrain vehicles (UTV) and all-terrain vehicles (ATV) primary use | NO | NO | NO | NO | NO | NO |
68) | Recreational vehicle sales, motor homes, heavy trucks, and related equipment sales, repairs and services | NO | NO | NO | NO | NO | NO |
69) | Mobile home, manufactured home and modular home sales | NO | NO | NO | NO | NO | NO |
70) | Restaurant, fast food | NO | NO | NO | NO | NO | NO |
71) | Restaurant, formula | NO | NO | NO | NO | NO | NO |
72) | Restaurant with indoor seating | NO | NO | P-PBR*[4] | P-PBR*[8] | P-PBR | P-PBR |
73) | Restaurant with outdoor seating | NO | NO | NO | P-PBR*[8] | P-PBR | P-PBR |
74) | Restaurant, take out | NO | NO | NO | P-PBR*[8] | P-PBR | P-PBR |
75) | Restaurant with drive through window | NO | NO | NO | NO | NO | NO |
76) | Restaurant, ice cream stand | NO | NO | P-PBR*[4] | P-PBR*[8] | P-PBR | P-PBR |
77) | Funeral home/mortuary | P-PBR | P-PBR | P-PBR | NO | NO | NO |
78) | Dry cleaner or laundromat | NO | NO | NO | P-PBR*[8] | NO | NO |
79) | Personal services | NO | NO | NO | P-PBR*[8] | P-PBR | P-PBR |
80) | Professional offices (see footnote on size) | NO | NO | P-PBR | P-PBR*[8] | P-PBR | P-PBR |
81) | Retail stores, both a single retail store (use) and a structure in which a retail store (use) or stores are located, that are greater than 40,000 square feet in size, but less than 75,000 square feet in size | NO | NO | NO | P-PBR*[8] | NO | NO |
82) | Retail stores, small-scale, up to 20,000 square feet in size | NO | NO | NO | P-PBR*[8] | P-PBR | P-PBR |
83) | Retail stores, mid-scale, between 20,001 and 39,999 square feet in size | NO | NO | NO | P-PBR*[8] | NO | NO |
84) | Shopping centers, including mixed use development (service, general merchandise clothing and grocery retail, building supply, restaurant, and/or office in the same complex), provided that no structure in the shopping center is greater than 75,000 square feet, and provided that the gross floor area of all structures is less than 150,000 square feet | NO | NO | NO | NO | NO | NO |
85) | Shopping centers, including mixed use development (service, retail, restaurant, and/or office in same complex), provided that no single shopping center structure in which a retail store is located is greater than 40,000 square feet, but less than 75,000 square feet in size | NO | NO | NO | NO | NO | NO |
86) | Convenience stores up to 5,000 square feet in size | NO | NO | NO | P-PBR*[8] | P-PBR | P-PBR |
87) | Convenience stores, greater than 5,000 square feet in size | NO | NO | NO | NO | NO | NO |
88) | Redemption centers for beverage containers | NO | NO | NO | P-PBR*[8] | NO | NO |
89) | Planned unit development, non-residential | YTBD | YTBD | YTBD | YTBD | YTBD | YTBD |
90) | Light industrial/light manufacturing | NO | NO | NO | P-PBR*[8] | P-PBR*[5] | P-PBR*[5] |
91) | Manufacturing, processing and industrial activities, including accessory retail | NO | NO | NO | P-PBR*[8] | P-PBR*[5] | P-PBR*[5] |
92) | Bituminous asphalt plant/mixing operations | NO | NO | NO | NO | NO | NO |
93) | Storage, commercial exterior | NO | NO | NO | NO | P-PBR*[5] | P-PBR*[5] |
94) | Research laboratory | NO | NO | P-PBR | P-PBR*[8] | P-PBR*[5] | P-PBR*[5] |
95) | Storage, self-storage facility | NO | NO | NO | NO | NO | NO |
96) | Storage tanks for petroleum products, including propane for sale | NO | NO | NO | P-PBR | P-PBR*[5] | P-PBR*[5] |
97) | Storage, facility/warehouse | NO | NO | NO | P-PBR*[8] | P-PBR | P-PBR |
98) | Septage, storage and spreading | NO | NO | NO | NO | NO | NO |
99) | Junkyards, including auto graveyards | NO | NO | NO | NO | NO | NO |
100) | Health care facilities/offices | NO | NO | P-PBR | P-PBR*[8] | P-PBR | P-PBR |
101) | Health services | NO | NO | P-PBR | P-PBR*[8] | P-PBR | P-PBR |
102) | Hospital | NO | NO | YES | NO | NO | NO |
103) | Aquaculture | NO | NO | NO | NO | P-PBR | P-PBR |
104) | Boat building/repair/retrofitting/storage that includes onsite sales | NO | NO | NO | NO | P-PBR | P-PBR |
105) | Commercial storage of boats | NO | NO | NO | NO | P-PBR | P-PBR |
106) | Lobster pound and fish/seafood processing | NO | NO | NO | NO | P-PBR | P-PBR |
107) | Marinas and marina related service businesses | NO | NO | NO | NO | P-PBR | P-PBR |
108) | Docks, floats and similar uses that occur below the normal high water mark | NO | NO | NO | NO | P-PBR | P-PBR |
109) | Water borne transportation and recreation | NO | NO | NO | P-PBR | P-PBR | P-PBR |
110) | Commercial agricultural, dairy and horticultural activities | NO | P-PBR*[6] | NO | NO | NO | NO |
111) | Commercial poultry | NO | P-PBR*[6] | NO | NO | NO | NO |
112) | Non-commercial domestic chicken raising | P-PBR | P-PBR | P-PBR | NO | NO | NO |
113) | Slaughterhouse | NO | NO | NO | NO | NO | NO |
114) | Horses and horse barns/stables | NO | P-PBR*[6] | NO | NO | NO | NO |
115) | Animal breeding, husbandry | NO | P-PBR*[6] | NO | NO | NO | NO |
116) | Craft sales | NO | NO | NO | P-CEO | P-CEO | P-CEO |
117) | Farm stand | NO | P-PBR*[6] | NO | NO | NO | NO |
118) | Farmers market including food and craft sales | P-PBR | P-PBR | P-PBR | P-PBR*[8] | P-PBR | P-PBR |
119) | Fill, loam, sand, and gravel extraction operations, provided the operation does not include the removal of bedrock material through blasting or any other mechanical means or the crushing or further processing of such bedrock material | NO | NO | NO | NO | NO | NO |
120) | Fill, loam, sand, gravel extraction, excluding bedrock, with restrictions on extent of area to be extracted at one time, and establishment of a continuing reclamation and reforestation program | NO | NO | NO | NO | NO | NO |
121) | Fill activities that exceed 25 cubic yards | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO |
122) | Commercial agricultural greenhouse or nursery: sale of materials, plants or similar items commonly associated with landscaping activities | NO | P-PBR*[6] | NO | P-PBR*[8] | P-PBR | P-PBR |
123) | Tree farm | NO | P-PBR*[6] | NO | NO | NO | NO |
124) | Animal kennel Class 1 | NO | NO | NO | NO | NO | NO |
125) | Animal kennel Class 2 | NO | NO | NO | NO | NO | NO |
126) | Veterinary clinic and veterinary hospital | NO | NO | P-PBR | NO | NO | NO |
127) | Forestry: woodlot management and timber harvesting | NO | P-PBR* | NO | NO | NO | NO |
128) | Forestry: commercial firewood processing | NO | NO | NO | NO | NO | NO |
129) | Hydropower generation | NO | NO | NO | NO | P-PBR | P-PBR |
130) | Aviation and uses accessory to aviation | NO | NO | NO | NO | NO | NO |
131) | Stealth telecommunications facilities | P-PBR | P-PBR | P-PBR | P-PBR | P-PBR | P-PBR |
132) | Minor telecommunications facilities (to be defined) including co-location on existing structures | P-PBR | P-PBR | P-PBR | P-PBR | P-PBR | P-PBR |
133) | Telecommunications facilities | NO | NO | NO | NO | NO | NO |
134) | Essential services | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO |
135) | Medical marijuana caregiver retail stores | NO | NO | NO | P-PBR[8]* | P-PBR | P-PBR |
136) | Medical marijuana manufacturing facilities | NO | NO | NO | P-PBR[8]* | P-PBR | P-PBR |
137) | Medical marijuana testing facilities | NO | NO | NO | P-PBR[8]* | P-PBR | P-PBR |
138) | Significant groundwater wells | NO | NO | NO | NO | NO | NO |
139) | Map 5/Lot 31, specific use requirements | ||||||
140) | (Reserved) | ||||||
141) | Solar energy system, small-scale, medium-scale and large-scale, roof-mounted | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO |
142) | Solar energy system, small-scale, ground-mounted | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO | P-CEO |
143) | Solar energy system, medium-scale, ground-mounted | ||||||
Footnote 10 | P-CEO*[10] | P-CEO*[10] | P-CEO*[10] | P-CEO*[10] | P-CEO*[10] | P-CEO*[10] | |
Footnote 11 | P-CEO*[11] | P-CEO*[11] | P-CEO*[11] | P-CEO*[11] | P-CEO*[11] | P-CEO*[11] | |
Footnote 12 | P-CEO*[12] | P-CEO*[12] | P-CEO*[12] | P-CEO*[12] | P-CEO*[12] | P-CEO*[12] | |
144) | Solar energy system, large-scale, ground-mounted | NO | NO*[12] | NO | NO | NO | NO |
NOTES: |
Shoreland Zones and Shoreland Uses are not shown |
YTBD = Yet to Be Determined |
Sec. 102-462 Footnotes to Use Table.
[1-15-2019; 1-7-2020]
The footnotes identified below apply to the Use Table identified in Section 102-461. The respective footnote identifies additional requirements that apply to the use identified in the Use Table. The footnotes are identified in the Use Table by the following designation: * [number].
Footnote 1: (The Council repealed Footnote 1 on December 5, 2017.)
Footnote 2: Multi-family dwelling units are limited to new construction only, which means the construction of a new building. This provision does not allow the conversion of an existing single family or two family residence into a multi-family dwelling structure, nor does it permit an existing multi-family dwelling structure to construct additional units in the same structure.
Footnote 3: The identified uses are only permitted as an accessory use to a nonresidential use.
Footnote 4: In the Residential 3 Zoning District, certain restaurants and ice cream stands are permitted on properties that have street frontage on Northport Avenue, provided the property is located southerly of the common lot line between Map 33, Lot 21 (Waldo County General Hospital) and the lot lines for Map 33, Lot 19, and Map 33, Lot 23, as such were shown on the City of Belfast tax maps in effect on September 17, 2014. Also, the maximum number of seats for a restaurant or ice cream stand is 20, and outdoor seating is prohibited.
Footnote 5: The identified use must be for a marine related activity.
Footnote 6: The identified agricultural activities are limited to the portion of the Residential 2 Zoning District that is bounded by Miller Street to the north, the Route 1 Bypass to the west, and Congress Street to the south and east.
Footnote 7: YTBD or Yet to Be Determined. The City of Belfast has not yet formulated zoning ordinance standards for the zoning districts identified in this Use Table regarding the establishment of a Non-residential Planned Unit Development.
Footnote 8. In the portion of the Downtown Commercial Zoning District in which a use is exempt from the on-site parking requirement, reference Chapter 98, Technical Standards, Article VIII, Parking and Loading Facilities, Section 98-245, Areas and uses exempt from parking requirement, the City Code Enforcement, rather than the City Planning Board, shall have the authority to review and act on a use permit application.
Footnote 9. A property that is the Downtown Commercial zoning, that has street frontage on Front Street, and that is located northwesterly of the City Wastewater Treatment Plant (between the Treatment Plant and Peirce Street), may have one or more residences located on the first floor of the structure.
Footnote 10. In the Inside the Bypass zoning districts that allow a medium-scale ground-mounted solar energy system, the maximum size of a system shall be one acre (43,560 square feet).
Footnote 11. Notwithstanding the limitation on a medium-scale ground-mounted solar energy system identified in Footnote 10, RSU 71 shall be allowed to develop a system that is up to four acres in size. The Code Enforcement Officer can review and issue this permit.
Footnote 12. Notwithstanding the limitation on a medium-scale ground-mounted solar energy system identified in Footnote 10, and the prohibition on a large-scale ground-mounted solar energy system in the Residential two Zoning District, the City of Belfast shall be allowed to develop a ground-mounted system of any size, provided the City Council conducts a public hearing on the proposal, publishes notice of the hearing a minimum of 10 days in advance of the hearing, and post the hearing, the Council affirmatively votes to allow the proposed use.
Sec. 102-470 Dimensional Standard Table.
[1-15-2019]
The Dimensional Standard Table in this section identifies standards that apply in the following identified zoning districts. This Dimensional Standard Table identifies standards for the following zoning districts, as such are shown on the Official Zoning Map adopted by the City Council at its meeting of October 7, 2014, and as such zoning district boundaries may be amended by the City from time to time: Residential 1, Residential 2, Residential 3, Downtown Commercial, Waterfront Mixed Use 1 and Waterfront Mixed Use 2. Said Dimensional Standard Table includes amendments to the Table adopted by the City Council at its meeting of June 21, 2016, the re-codification of said Tables that were adopted by the City Council at its meeting of January 15, 2019, and subsequent amendments to the re-codification of said Tables that may be adopted by the City Council from time to time.
Footnotes to the Dimensional Standard Table identify additional requirements that apply to certain dimensional standards identified in the Dimensional Standard Table, and are more fully described in Section 102-471. Footnotes are identified in the Dimensional Standards Table by the following designation: *[number].
Dimensional Standard Table | ||||||
|---|---|---|---|---|---|---|
When an * asterisk and [] are on the Dimensional Chart, such as *[1], refer to footnotes in Section 102-471 that accompany this chart. | ||||||
Dimensional Standard | Residential 1 | Residential 2 | Residential 3 | Downtown Commercial | Waterfront Mixed Use 1 | Waterfront Mixed Use 2 |
(1) Minimum Lot Size | ||||||
a. Minimum lot size, single family residential, public sewer | 7,500 sf | 7,500 sf | 7,500 sf | 2,000 sf-* [1] | 43,560 sf-*[2] | 20,000 sf- *[2 and 3] or 4,000 sf- *[2 and 3] |
b. Minimum lot size, single family residential, back lot, public sewer | 7,500 sf | 7,500 sf | 7,500 sf | 2,000 sf-* [1] | 43,560 sf-*[2] | 20,000 sf- *[2 and 3] or 4,000 sf-*[2 and 3] |
c. Minimum lot size, single family residential, subsurface system | 20,000 sf | 20,000 sf | 20,000 sf | Prohibited | Prohibited | Prohibited |
d. Minimum lot size, single family residential, back lot, subsurface system | 20,000 sf | 20,000 sf | 20,000 sf | Prohibited | Prohibited | Prohibited |
e. Minimum lot size, two-family residential, public sewer | 7,500 sf | 7,500 sf | 7,500 sf | 2,000 sf-* [1] | 43,560 sf-*[2] | 20,000 sf-*[2 and 3] or 4,000 sf- *[2 and 3] |
f. Minimum lot size, two-family residential, back lot, public sewer | 7,500 sf | 7,500 sf | 7,500 sf | 2,000 sf-* [1] | 43,560 sf-*[2] | 20,000 sf-*[2 and 3] or 4,000 sf- *[2 and 3] |
g. Minimum lot size, two-family residential, subsurface system | 20,000 sf | 20,000 sf | 20,000 sf | Prohibited | Prohibited | Prohibited |
h. Minimum lot size, two-family residential, back lot, subsurface system | 20,000 sf | 20,000 sf | 20,000 sf | Prohibited | Prohibited | Prohibited |
i. Minimum lot size, multi-family residential, public sewer | 10,000 sf | 10,000 sf | 10,000 sf | 2,000 sf | 43,560 sf-*[2] | 20,000 sf-*[2 and 3] or 4,000 sf- *[2 and 3] |
j. Minimum lot size, multi-family residential, subsurface system | Prohibited | Prohibited | Prohibited | Prohibited | Prohibited | Prohibited |
k. Minimum lot size, non-residential, public sewer | 10,000 sf | 10,000 sf | 10,000 sf | 2,000 sf | 43,560 sf (1 acre) | 20,000 sf |
l. Minimum lot size, non-residential (no frontage), public sewer | 10,000 sf | 10,000 sf | 10,000 sf | 2,000 sf | 43,560 sf (1 acre) | 20,000 sf |
m. Minimum lot size, non-residential, subsurface system | 20,000 sf | 20,000 sf | 20,000 sf | Prohibited | Prohibited | Prohibited |
2) Minimum Street Frontage for a Lot | ||||||
a. Minimum street frontage - residential | 60 ft | 60 ft | 60 ft | 20 ft-*[1] | 200 ft-*[2] | 200 ft-*[2 or 3] or 50 ft*[2 or 3] |
b. Minimum street frontage - non-residential | 80 ft-*[4] | 80 ft-*[4] | 80 ft-*[4] | 20 ft | 200 ft | 200 ft-*[3] or 50 ft*[3] |
c. Minimum width lot - back lot-residential | 60 ft | 60 ft | 60 ft | 20 ft-*[1] | 200 ft-*[2] | 200 ft-*[2 or 3] or 50 ft*[2 or 3] |
d. Minimum width lot - back lot-non-residential | 80 ft-*[4] | 80 ft-*[4] | 80 ft-*[4] | 20 ft-*[1] | 200 ft-*[2] | 200 ft-*[2] or 50 ft*[3] |
3) Minimum Front Setback for a Structure | ||||||
a. Front setback, structure - residential (primary structure) | Traditional Neighborhood Setback Pattern Area #1 - 5 ft Area #2 - 10 ft Area #3 - 15 ft Area #4 - 20 ft Area #5 - 25 ft Area #6 - 30 ft Area #7 - 40 ft Area #8 - 60 ft | Traditional Neighborhood Setback Pattern Area #1 - 5 ft Area #2 - 10 ft Area #3 - 15 ft Area #4 - 20 ft Area #5 - 25 ft Area #6 - 30 ft Area #7 - 40 ft Area #8 - 60 ft | Traditional Neighborhood Setback Pattern Area #1 - 5 ft Area #2 - 10 ft Area #3 - 15 ft Area #4 - 20 ft Area #5 - 25 ft Area #6 - 30 ft Area #7 - 40 ft Area #8 - 60 ft | 0 ft-* [1] | 10 ft-* [1] | 10 ft-* [1] |
b. Front setback, structure - residential (accessory structure) | 20 ft or traditional setback pattern if traditional is greater than 20' | 20 ft or traditional setback pattern if traditional is greater than 20' | 20 ft or traditional setback pattern if traditional is greater than 20' | 0 ft-* [1] | 10 ft-*[2] | 10 ft-* [2] |
c. Front setback, structure - nonresidential (primary structure) | Traditional Neighborhood Setback Pattern Area #1 or #2 - 10 ft Area #3 or #4 - 20 ft Area #5 - 25 ft Area #6 - 30 ft Area #7 - 40 ft Area #8 - 60 ft | Traditional Neighborhood Setback Pattern Area #1 or #2 - 10 ft Area #3 or #4 - 20 ft Area #5 - 25 ft Area #6 - 30 ft Area #7 - 40 ft Area #8 - 60 ft | Traditional Neighborhood Setback Pattern Area #1 or #2 - 10 ft Area #3 or #4 - 20 ft Area #5 - 25 ft Area #6 - 30 ft Area #7 - 40 ft Area #8 - 60 ft | 0 ft | 10 ft | 10 ft |
d. Front setback, structure - nonresidential (accessory structure) | 20 ft or traditional setback pattern if traditional is greater than 20' | 20 ft or traditional setback pattern if traditional is greater than 20' | 20 ft or traditional setback pattern if traditional is greater than 20' | 0 ft | 10 ft | 10 ft |
4) Minimum Side Setback for a Structure - *[9] | ||||||
a. Side setback-residential - primary structure | 15 ft | 15 ft | 15 ft | 0 ft-*[1] | 10 ft-*[2] | 5 ft-*[2] |
b. Side setback - residential - accessory structure | 15 ft | 15 ft | 15 ft | 0 ft-*[1] | 10 ft-*[2] | 5 ft-*[2] |
c. Side setback - non-residential - primary structure | 20 ft | 20 ft | 20 ft | 0 ft | 10 ft | 5 ft |
d. Side setback - non-residential - accessory structure | 20 ft | 20 ft | 20 ft | 0 ft | 10 ft | 5 ft |
5) Minimum Rear Setback for a Structure - *[9] | ||||||
a. Rear setback - residential - primary structure | 10 ft | 10 ft | 10 ft | 0 ft-*[1] | 10 ft-*[2] | 5 ft-*[2] |
b. Rear setback - residential - accessory structure | 10 ft | 10 ft | 10 ft | 0 ft-*[1] | 10 ft-*[2] | 5 ft-*[2] |
c. Rear setback - nonresidential - primary structure | 20 ft | 20 ft | 20 ft | 0 ft | 10 ft | 5 ft |
d. Rear setback - nonresidential - accessory structure | 20 ft | 20 ft | 20 ft | 0 ft | 10 ft | 5 ft |
6) Density Standard (Number of Units/Size of Lot) | ||||||
a. Single family residential (public sewer) | 1 unit/7,500 sf | 1 unit/7,500 sf | 1 unit/7,500 sf | No density standard - *[1] | Accessory use only -*[1] | Accessory use only -*[1] |
b. Single family residential (subsurface system) | 1 unit/20,000 sf | 1 unit/20,000 sf | 1 unit/20,000 sf | Prohibited | Prohibited | Prohibited |
c. Single family residential with one accessory apartment (public sewer) | 1 primary unit & 1 accessory apartment/7,500 sf | 1 primary unit & 1 accessory apartment/7,500 sf | 1 primary unit & 1 accessory apartment/7,500 sf | No density standard-*[1] | Accessory use only-*[2] | Accessory use only-*[2] |
d. Single family residential with one accessory apartment (subsurface system) | 1 primary unit & 1 accessory apartment/20,000 sf | 1 primary unit & 1 accessory apartment/20,000 sf | 1 primary unit & 1 accessory apartment/20,000 sf | Prohibited | Prohibited | Prohibited |
e. Two-family residential, public sewer | 1 two-family/7,500 sf | 1 two-family/7,500 sf | 1 two-family/7,500 sf | No density standard-*[1] | Accessory use only-*[2] | Accessory use only-*[2] |
f. Two-family residential, subsurface system | 1 two-family/20,000 sf | 1 two-family/20,000 sf | 1 two-family/20,000 sf | Prohibited | Prohibited | Prohibited |
g. Multi-family residential, public sewer | Prohibited-*[5] | 10,000 sf to allow multi-family & 1 unit/2,000 sf - new construction only-*[6] | 10,000 sf to allow multi-family & 1 unit/2,000 sf - new construction only-*[6] | No density standard-*[1] | Accessory use only-*[2] | Accessory use only - *[2] |
h. Multi-family residential, subsurface system | Prohibited | Prohibited | Prohibited | Prohibited | Prohibited | Prohibited |
7) Maximum Lot Coverage | ||||||
a. Maximum lot coverage - residential (impervious surface ratio); single family, two-family & accessory apartments | Based on Lot Size 5,000 sf or less - 70% 5,001 to 10,000 sf - 60% 10,001 to 15,000 sf - 50% 15,001 sf or more - 40% | Based on Lot Size 5,000 sf or less - 70% 5,001 to 10,000 sf - 60% 10,001 to 15,000 sf - 50% 15,001 sf or more - 40% | Based on Lot Size 5,000 sf or less - 70% 5,001 to 10,000 sf - 60% 10,001 to 15,000 sf - 50% 15,001 sf or more - 40% | 100% - *[1] | 100% - *[2] | 100% - *[2] |
b. Maximum lot coverage - residential (structure coverage) | N/A | N/A | N/A | N/A | N/A | N/A |
c. Maximum lot coverage - nonresidential (impervious surface ratio) - standard for new nonresidential construction, including multi-family housing, on a vacant lot | Based on Lot Size Less than 10,000 sf - 80% 10,001 to 20,000 sf - 75% 20,001 - 43,560 sf - 70% 43,561 or more - 65% | Based on Lot Size Less than 10,000 sf - 80% 10,001 to 20,000 sf - 75% 20,001 - 43,560 sf - 70% 43,561 or more - 65% | Based on Lot Size Less than 10,000 sf - 80% 10,001 to 20,000 sf - 75% 20,001 - 43,560 sf - 70% 43,561 or more - 65% | 100% | 100%-*[2] | 100%-*[2] |
d. Maximum lot coverage - nonresidential (impervious surface ratio) - standard for nonresidential construction, including multi-family housing, on an existing lot developed for a nonresidential use | Based on Lot Size Less than 10,000 sf - 90% 10,001 to 20,000 sf - 80% 20,001 - 43,560 sf - 75% 43,561 or more - 70% | Based on Lot Size Less than 10,000 sf - 90% 10,001 to 20,000 sf - 80% 20,001 - 43,560 sf - 75% 43,561 or more - 70% | Based on Lot Size Less than 10,000 sf - 90% 10,001 to 20,000 sf - 80% 20,001 - 43,560 sf - 80% 43,561 or more - 80% | 100% | 100%-*[6] | 100%-*[6] |
e. Maximum lot coverage - nonresidential (structure coverage) | N/A | N/A | N/A | N/A | N/A | N/A |
8) Maximum Structure Height | ||||||
a. Maximum height, residential - non-shoreland area | 38 ft | 38 ft | 38 ft | Downtown #1 - 38 ft-*[7] Downtown #2 - 45 ft-[7] Downtown #3 - 60 ft-*[7] | 35 ft or height per contract rezoning - *[8] | 35 ft or height per contract rezoning-*[8] |
b. Maximum height, residential - shoreland | 35 ft | 35 ft | 35 ft | N/A | 35 ft or height per contract rezoning - *[8] | 35 ft or height per contract rezoning - *[8] |
Maximum Structure Height | ||||||
a. Maximum height, nonresidential - non-shoreland areas | 38 ft | 38 ft | 38 ft*[10] | Downtown #1 - 38 ft-*[7] Downtown #2 - 45 ft-[7] Downtown #3 - 60 ft-*[7] | 35 ft or height per contract rezoning-*[8] | 35 ft or height per contract rezoning-*[8] |
b.Maximum height, nonresidential - shoreland areas | 35 ft | 35 ft | 35 ft | N/A | 35 ft or height per contract rezoning-*[8] | 35 ft or height per contract rezoning-*[8] |
Sec. 102-471 Footnotes to Dimensional Standard Chart.
[1-15-2019]
The footnotes identified below apply to the Dimensional Standard Table in Section 102-470. The respective footnote identifies additional requirements that apply to the standard identified in the Dimensional Standard Table. The footnotes are identified in the Dimensional Standard Table by the following designation: * [number].
Footnote *[1]. In the Downtown Commercial zoning district, residential uses are allowed, provided the residential use is not located on the first floor; any residential use must be located on an upper floor. The above prohibition on a first floor residence(s) shall not apply to any property in the Downtown Commercial zoning district that has street frontage on Front Street and that is located northwesterly of the City Wastewater Treatment Plant, the area from the Plant to Peirce Street. Further, notwithstanding the standard (prohibition), a structure which had a residential use located on the first floor on or before the date of adoption of this ordinance (October 21, 2014) may continue as a legally established nonconforming use, and the nonconforming residential use may be expanded if such expansion complies with requirements of Chapter 102, Zoning, Article III, Nonconformance.
Footnote *[2]. In the Waterfront Mixed Use 1 and Waterfront Mixed Use 2 zoning districts, residential uses are allowed only as an accessory use to a nonresidential use, and a property (lot) on which an applicant proposes to construct one or more residential dwelling units shall include one or more permitted nonresidential uses on the same property (lot). Further, any dwelling unit that is constructed shall comply with the following standards: | |
(1) | The maximum usable floor area of the total of all residential dwelling units that are established on a property (lot) that is one acre or less in size shall not exceed the total amount of floor area of all nonresidential uses located within one or more structures on the same property (lot). |
(2) | The maximum usable floor area of the total of all residential dwelling units that are established on a property (lot) that is more than one acre in size shall not exceed 75% of the total amount of floor area of all nonresidential uses located within one or more structures on the same property (lot). |
(3) | Standards (1) and (2) above, apply to any application to construct one or more new nonresidential dwelling units on or after July 20, 2004 (date when standard was enacted). Any dwelling unit constructed before July 20, 2004, that does not satisfy the above density standards shall be considered a nonconforming use of record which may continue, and said dwelling unit may be expanded in compliance with applicable provisions of Chapter 82, Shoreland Zoning, and Chapter 102, Zoning, Article III, Nonconformance. |
(4) | The property the City identifies as Map 13, Lot 46, located at 3 Field Street, which was used exclusively as a single family residence on the date of adoption of this ordinance amendment (October 7, 2014), is considered a legally established nonconforming use, and may continue to be used exclusively as a single family residence. Further, the primary residential structure may be expanded, any existing accessory structure to the single family residence may be expanded, and any new accessory structure to the single family residence may be constructed, provided all structures comply with structure setback standards that apply. |
(5) | |
Footnote *[3]. In the Waterfront Mixed Use 2 Zoning District, a lot which has shore frontage must also have a minimum of 200 feet of street frontage, if said lot has frontage on a street. A lot which does not have any shore frontage must have a minimum of 50 feet of frontage on a street, if said lot has frontage on a street, and must have a minimum width of 50 feet if it does not have any frontage on a street. A lot which does not satisfy the above standards shall be considered a nonconforming lot of record.
Footnote *[4]. In the Residential 1, Residential 2 and Residential 3 zoning districts, a nonresidential use that is proposed for a vacant (undeveloped) property (lot), or a property (lot) that was used for a residential use at the time the nonresidential use is proposed, shall have a minimum of 80 feet of street frontage. A property in the above zoning districts that was being used for a nonresidential use on or before the date of adoption of this ordinance (October 7, 2014) that does not satisfy this minimum street frontage requirement, shall be considered a nonconforming lot of record and the nonresidential use may continue on said property (lot) subject to requirements of Chapter 102, Zoning, Article III, Nonconformance.
Footnote *[5]. In the Residential 1 Zoning District, an existing structure that was used as a multi-family residence on or before January 1, 1986, is considered a legally established nonconforming use of record. Subject to requirements of Chapter 102, Zoning, Article III, Nonconformance, the nonconforming use of said structure may continue, and an expansion may be permitted.
Footnote *[6]. Effective with the date of adoption of this ordinance amendment (October 7, 2014), in the Residential 2 and Residential 3 zoning districts, the construction of a new multi-family dwelling structure (which means the construction of a new building) is allowed as a permitted use. In the same above districts, the conversion of a structure that was used as a single family or two-family residence on or before the date of adoption of this ordinance (October 7, 2014) into a multi-family dwelling is prohibited. In the same above districts, an existing structure that was used as a multi-family residence on or before January 1, 1986, is considered a legally established nonconforming use of record, and subject to requirements of Chapter 102, Zoning, Article III, Nonconformance, the nonconforming use of said structure may continue, and an expansion may be permitted.
Footnote *[7]. In Area #1 of the Downtown Commercial Zoning District the following maximum height restrictions shall apply: | |
(1) | A new structure shall not exceed a height of 38 feet; |
(2) | The height of a structure that existed on or before the date of adoption of this ordinance (October 21, 2014) that is less than 38 feet in height shall not be increased to a height of greater than 38 feet; and |
(3) | Any structure that existed on or before the date of adoption of this ordinance (October 21, 2014), that had a height of 38 feet or more, may continue as a legally established nonconforming structure with regard to structure height, and any portion of the structure may be increased in height, provided that the total height of the structure does not exceed the maximum height of the structure which existed on the date of adoption of this ordinance (October 21, 2014). |
Area #1 of the Downtown Commercial Zoning District is identified on the map in this section [102-471 9)] entitled: Downtown Commercial Building Heights.[1] | |
In Area #2 of the Downtown Commercial Zoning District the following maximum height restrictions shall apply: | |
(1) | A new structure shall not exceed a height of 48 feet; |
(2) | The height of a structure that existed on or before the date of adoption of this ordinance (October 21, 2014) that is less than 48 feet in height shall not be increased to a height of greater than 48 feet; and |
(3) | Any structure that existed on or before the date of adoption of this ordinance (October 21, 2014) that had a height of 48 feet or more, may continue as a legally established nonconforming structure with regard to structure height, and any portion of the structure may be increased in height, provided that the total height of the structure does not exceed the maximum height of the structure which existed on the date of adoption of this ordinance (October 21, 2014). |
Area #2 of the Downtown Commercial Zoning District is identified on the map in this section [102-471 9)] entitled: Downtown Commercial Building Heights. | |
In Area #3 of the Downtown Commercial Zoning District the following maximum height restrictions shall apply: | |
(1) | A new structure shall not exceed a height of 60 feet; |
(2) | The height of a structure that existed on or before the date of adoption of this ordinance (October 21, 2014) that is less than 60 feet in height shall not be increased to a height of greater than 60 feet; and |
(3) | Any structure that existed on or before the date of adoption of this ordinance (October 21, 2014) that had a height of 60 feet or more, may continue as a legally established nonconforming structure with regard to structure height, and any portion of the structure may be increased in height, provided that the total height of the structure does not exceed the maximum height of the structure which existed on the date of adoption of this ordinance (October 21, 2014). |
Area #3 of the Downtown Commercial Zoning District is identified on the map in this section [102-471 9)] entitled: Downtown Commercial Building Heights. | |
Footnote *[8]. In the Waterfront Mixed Use 1 and Waterfront Mixed Use 2 zoning districts, the maximum height of a structure shall not exceed 35 feet, unless the City allows or allowed a structure height of greater than 35 feet pursuant to an adopted contract rezoning agreement; reference Chapter 102, Zoning, Article X, Contract Rezoning.
Footnote *[9]. This standard identifies how to determine the amount of rear setback required for structures located on a corner lot; a lot has frontage on two or more streets. Pursuant to the City ordinances, a corner lot has only one street frontage for the purposes of determining the amount of front setback required for structures. In the case of a corner lot, the amount of structure setback for all other lot lines shall comply with the side setback requirement for the respective zoning district.
Footnote *[10]. In the Residential 3 Zoning District, the maximum structure height shall be 55 feet for any structure located on Map 33, Lot 21, which is owned by Waldo County General Hospital, or any property which directly abuts this property which also is located in the Residential 3 Zoning District which is acquired by Waldo County General Hospital and merged with this property (Map 33, Lot 21).
[1]
Editor's Note: Said map is on file in the City offices.
Sec. 102-481 Permitted uses.
[Ord. No. 28-1997, § 609.1, 3-4-1997]
Permitted uses in the Waterfront I "A" Downtown District are as follows:
Municipal uses deemed necessary by the City Council, but, prior to taking action thereon the council shall hold a public hearing for which 10 days' public notice shall be given.
Sec. 102-482 Permitted uses requiring Planning Board review.
[Ord. No. 28-1997, § 609.2, 3-4-1997; Ord. No. 1-1999, 7-6-1999; Ord. No. 21-2006, 2-7-2006]
Permitted uses with Planning Board review in the Waterfront I "A" Downtown District are as follows:
(1)
Retail businesses and services.
(2)
Office buildings.
(3)
Restaurants, diners, and carry-outs (excluding drive-through).
(4)
Parks.
(5)
Light manufacturing.
(6)
Hotels, motels, convention centers and multi-unit residential complexes.
(7)
Retail sale of products assembled on-site.
(8)
Research, experimental or testing laboratories.
(9)
Public transportation passenger stations.
(10)
Public utility uses such as electric substations.
(11)
Office parks.
(12)
Health care facilities and professional offices.
(13)
Retirement facilities.
(14)
Planned unit development.
(15)
Commercial uses with single-family residential spaces on the second and/or third floors.
(16)
Home occupations.
(17)
Museums.
(18)
Water-related uses.
(19)
Art galleries.
(20)
Stealth telecommunications facilities.
Sec. 102-483 Applicability of shoreland zoning and floodplain regulations.
Sec. 102-484 Standards.
[Ord. No. 28-1997, § 609.4, 3-4-1997; Ord. No. 57-1997, 6-17-1997]
(a)
The general standards of performance in article IX of this chapter shall be observed in the Waterfront I "A" Downtown District.
(c)
New construction or renovation shall not utilize exterior facade materials which would include vertical metal siding, untextured concrete or concrete block. Brick or wooden clapboard facade or wood shingle materials are encouraged. Roof pitches for all such new construction or renovation must be at least three inches rise per foot of run.
(d)
Any building renovation which does not relate to a changed use or change in the exterior footprint, size, area, or volume of a building shall be reviewed and approved by the code enforcement officer as a permitted use, subject to the general performance standards in article IX of this chapter. Such renovation, whether interior or exterior, shall not require Planning Board review.
(e)
In addition to the criteria applicable to the approval of uses classified as permitted uses requiring Planning Board review, the applicant shall be required to demonstrate to the Planning Board that the use proposed will not cause vibration or emission of any material, odor or noise which will unreasonably interfere with the use or enjoyment of other properties located within the waterfront district or adjacent thereto.
Sec. 102-485 Planned unit development and cluster housing development.
[Ord. No. 28-1997, § 609.5, 3-4-1997]
In the case of a planned unit development and cluster housing development in the Waterfront I "A" Downtown District, the standards in section 102-484 may be modified in accordance with article VI of this chapter. In addition, a planned unit development and cluster housing development shall be reviewed under the subdivision ordinance.
Sec. 102-486 Maximum area of light manufacturing uses.
[Ord. No. 28-1997, § 609.6, 3-4-1997]
New light manufacturing structures shall not exceed 3,000 square feet of manufacturing area per use in the Waterfront I "A" Downtown District.
Sec. 102-487 Enumeration of uses does not restrict uses in other districts.
[Ord. No. 28-1997, § 609.7, 3-4-1997]
The express enumeration of a permitted use or a permitted use requiring Planning Board review in the Waterfront I "A" Downtown District is not intended to implicitly exclude those same uses in other districts in which the uses enumerated in this division are not specifically listed or mentioned.
Sec. 102-488 Prohibited uses.
[Ord. No. 28-1997, § 609.8, 3-4-1997]
Only those uses specifically listed as permitted uses or permitted uses requiring Planning Board are allowed within the Waterfront I "A" Downtown District. All other uses are excluded.
Sec. 102-520 Permitted uses requiring CEO review.
Sec. 102-521 Permitted uses requiring Planning Board review.
[Ord. No. 3-2005, 7-20-2004; Ord. No. 21-2006, 2-7-2006; 3-18-2014]
The City Planning Board shall review and make a decision regarding an application for a use permit for the following uses:
(1)
Single family, two-family and multi-family residential units. Such uses are permitted only as an accessory use to a property that also includes a nonresidential use; reference density standards in section 102-525.
(2)
Home occupation, provided that the home occupation involves an activity identified as a permitted use.
(3)
Industrial, provided it is a marine oriented use or continuation of an existing industrial use.
(4)
Warehouse and storage facilities.
(5)
Boat building, storage and repair.
(6)
Marine service businesses, including accessory marine sales (boats, motors, parts, etc.).
(7)
Marinas, docks, floats and similar uses that occur below the normal high water mark.
(8)
Restaurants, excluding fast food restaurants. (Also reference performance standard Section 102-526(c).)
(9)
Ice cream stands.
(10)
Professional offices and health care offices.
(11)
Retail and service businesses.
(12)
Shopping centers.
(13)
Hotels and motels.
(14)
Performing arts centers and movie theaters.
(15)
Museums.
(16)
School, day nursery, institution of an educational, philanthropic, religious, fraternal, political or social nature.
(17)
Indoor and outdoor recreational facilities and activities.
(18)
Aquaculture.
(19)
Passenger and freight railroad trains and related services.
(20)
Laundromats.
(21)
Public, quasi-public, and non-municipal public uses, including parking facilities.
(21 )
Accessory structures and accessory uses for uses which the Planning Board can issue a permit for a principal structure or principal use.
(22)
Stealth telecommunications facilities.
Sec. 102-522 Prohibited uses.
[Ord. No. 3-2005, 7-20-2004]
Only those uses specifically listed as a permitted use requiring CEO review or a permitted use requiring Planning Board review are allowed within the Waterfront Mixed Use district. All other uses are prohibited.
Sec. 102-523 Applicability of shoreland zoning and floodplain regulations.
[Ord. No. 3-2005, 7-20-2004]
Sec. 102-524 Dimensional regulations.
[Ord. No. 3-2005, 7-20-2004]
(a)
Minimum lot size requirement.
(1)
The minimum size of any lot created on or after July 20, 2004 (date of adoption of amendment) shall be one acre (43,560 square feet).
(2)
A lot created before July 20, 2004 (date of adoption of amendment) that is less than one acre in size shall be considered a nonconforming lot of record. Such lot shall have the same status as a lot that conforms to the minimum lot size requirement in section 102-524(a)(1).
(b)
Minimum lot frontage requirement.
(1)
A lot created on or after July 20, 2004 (date of adoption of amendment) that has frontage on a public street shall have a minimum of 200 feet of frontage on a public street. A newly created lot that does not have frontage on a public street, must have at least four sides, and at least three of the four sides must be at least 200 feet in length.
(2)
A lot created before July 20, 2004 (date of adoption of amendment) that has less than the required minimum amount of lot frontage shall be considered a nonconforming lot of record. Such lot shall have the same status as a lot that conforms to the minimum lot frontage requirement in 102-524(b)(1).
(c)
Minimum shore frontage requirement.
(1)
A lot created on or after July 20, 2004 (date of adoption of amendment) that has frontage on the shoreline of Belfast Bay or the Passagassawakeag River, shall have a minimum of 200 feet of continuous shore frontage on the Bay or River. A newly created lot, however, is not required to have any shore frontage on the Bay or River.
(2)
A lot created before July 20, 2004 (date of adoption of amendment) that does not have the minimum amount of shore frontage shall be considered a nonconforming lot of record. Such lot shall have the same status as a lot that conforms to the minimum shore frontage requirement in 102-524(c)(1).
(d)
Minimum structure setback requirements. The minimum setbacks for any principal or accessory structure shall be as follows:
Front: Ten feet | |
Side: Ten feet | |
Rear: Ten feet if the rear lot line does not front on the water, and zero feet if the rear lot line fronts on the water. |
(f)
Contract rezoning option. An applicant for a site plan permit, use permit or subdivision permit in the Waterfront Mixed Use district, who submits an application to use the contract rezoning process established in chapter 102, zoning, article X, division 4, sections 102-1450-102-1457, may request that the standards in section 102-524(a)-(e) be altered by complying with conditions imposed by the City through an adopted contract rezoning agreement (ordinance amendment).
Sec. 102-525 Residential density standards and minimum size of residential dwelling units.
[Ord. No. 3-2005, 7-20-2004]
(a)
Residential use as an accessory use to a nonresidential use. A property on which an applicant proposes to construct one or more residential dwelling units shall include one or more permitted nonresidential uses on that same property to allow the construction of any residential dwelling units. An applicant is prohibited from constructing only residential dwelling units on a property. A residential use is an accessory use to a nonresidential use.
(b)
Density, number of residential dwelling units permitted.
(1)
Any property, regardless of the size of the lot, and provided adequate on-site parking can be provided, shall be permitted to construct a minimum of one residential dwelling unit as an accessory use.
(2)
The maximum usable floor area of the total of all residential dwelling units that are constructed on a property that is one acre or less in size shall not exceed the total amount of floor area of all nonresidential structures. An applicant must provide adequate on-site parking for all dwelling units.
(3)
The maximum usable floor area of the total of all residential dwelling units that are constructed on a property that is more than one acre in size shall not exceed 75% of the total amount of floor area of all nonresidential structures located on the property. An applicant must provide adequate on-site parking for all dwelling units.
(4)
The above density standards (1)-(3) shall apply to any application to construct new residential dwelling units on or after July 20, 2004 (date of adoption of this amendment). All dwelling units constructed before July 20, 2004 (date of adoption of this amendment) that do not satisfy this density standard shall be considered nonconforming uses of record. Such uses (dwelling units) may be expanded as may be permitted per requirements of chapter 82, shoreland and chapter 102, zoning.
(c)
Minimum size of residential dwelling unit.
(1)
Any residential dwelling unit constructed on or after July 20, 2004 (date of adoption of ordinance) shall have a minimum of 600 square feet of usable floor area.
(2)
Any residential dwelling unit constructed before July 20, 2004 (date of adoption of ordinance) that has less than 600 square feet of usable floor area shall be considered a nonconforming use or structure of record and shall have the same status as a dwelling unit that conforms to the minimum size requirement identified in 102-525(c)(1).
(d)
Contract rezoning option. An applicant for a site plan permit, use permit or subdivision permit in the Waterfront Mixed Use district, who submits an application to use the contract rezoning process established in chapter 102, zoning, article X, division 4, sections 102-1450-102-1457, may request that the standards in section 102-525(a) through (c) be altered by complying with conditions imposed by the City through an adopted contract rezoning agreement (Ordinance amendment).
Sec. 102-526 Performance standards.
[Ord. No. 3-2005, 7-20-2004; 3-18-2014]
(a)
Minimum performance standards. All residential and nonresidential uses shall, at a minimum, comply with requirements of chapter 98, technical standards, and performance standards established in chapter 102, zoning, article VIII, supplementary district regulations, division 2 and 3, and chapter 102, zoning, article IX, performance standards, division 2, environmental standards.
(b)
Contract rezoning option. An applicant for a site plan permit, use permit or subdivision permit in the Waterfront Mixed Use district, who submits an application to use the contract rezoning process established in chapter 102, zoning, article X, division 4, sections 102-1450-102-1457, may request that the standards referenced in section 102-526(a), be altered by complying with conditions imposed by the City through an adopted contract rezoning agreement (ordinance amendment).
(c)
Increase in seating at existing restaurant.
(1)
A restaurant which had a victualer's license as of January 1, 2014, shall be granted a waiver of the requirement to provide additional off-street parking in accordance with the off-street parking requirement identified in the Chapter 98, Technical Standards, Section 98-242, for an application that increases the number of seats that existed at the restaurant of January 1, 2014, by a maximum of 25%, provided the restaurant does not decrease the number of on-site parking spaces available at the restaurant on January 1, 2014. Also, an application by a restaurant to increase the number of existing seats by greater than 25% shall be granted a waiver of the off-street parking requirement equal to an increase of 25% of the number of existing seats, and the applicant may request and the Planning Board may grant a waiver of all or a portion of the off-street parking requirements associated with the increase in the number of existing seats which is greater than 25%, provided the applicant does not decrease the number of on-site parking spaces available at the respective restaurant that existed on January 1, 2014. This standard applies to the following restaurants: Weathervane, located at Map 11, Lot 143; Pig Out BBQ, located at Map 11, Lot 142; Front Street Pub, located at Map 11, Lot 138; Thai Bhurapar, located at Map 11, Lot 138; and Three Tides, located at Map 11, Lot 141- B.
(2)
The provisions of this Subsection (c) shall expire on June 30, 2016, unless the Council votes to re-enact said provisions. If these provisions expire, any restaurant which was permitted to expand their amount of seating in accordance with the provisions of this subsection, as adopted on March 18, 2014, shall be permitted to continue to use that amount seating provided the restaurant complies with terms of the permit granted.
Sec. 102-527 Enumeration of uses does not restrict uses in other districts.
[Ord. No. 3-2005, 7-20-2004]
The express enumeration of a permitted use requiring CEO review or a permitted use requiring Planning Board review in the Waterfront Mixed Use district is not intended to implicitly exclude those same uses in other districts in which the uses enumerated in this division are not specifically listed or mentioned.
Sec. 102-541 Introduction to Use Table.
[4-2-2019]
The Table of Uses in Section 102-543 identifies uses that are permitted in the Office Park zoning district, as such is shown on the Official Zoning Map adopted by the City Council. This Table of Uses was adopted by the City Council at its meeting of April 2, 2019. The City Council, in adopting this Table of Uses, concurrently repealed all provisions of the Article V, District Regulations, Division 25, Office Park District standards.
Section 102-544 identifies footnotes to the Use Table. The footnotes identify additional requirements that apply to certain uses identified in the Use Table, and are more fully described in Section 102-544. Footnotes are identified in the Table of Uses by the following designation: * [number]. Footnote number 4 applies to a specific property, Map 5, Lot 31, as such was depicted on the City of Belfast Tax Assessor maps that were in effect on August 21, 2001; a property that is identified on the City Tax Assessor maps that were in effect on April 1, 2019, as being a part of Map 5, Lot 26.
Sec. 102-542 Standards that apply to uses identified on Use Table.
[4-2-2019]
The standards identified in this section universally apply to uses identified in the Use Table.
(b)
Performance standards for residential uses. All residential uses proposed in the Office Park District shall comply with the Article IX, Performance Standards, Division 2, Environmental Standards, and applicable requirements of the Article VIII, Supplementary District Regulations. A proposal to establish a detached accessory dwelling unit to a single family residence shall comply with standards identified in Article IX, Performance Standards, Division 6, Supplemental Performance Standards for an Accessory Dwelling Unit in a Detached Structure.
(c)
Performance standards for nonresidential uses. All nonresidential uses proposed in the Office Park District shall comply with the Article IX, Performance Standards, Division 5, nonresidential development performance standards, and if applicable, shall comply with supplemental performance standards identified in this division. A nonresidential use does not need to comply with performance standard requirements identified in Article IX, Performance Standards, Division 2, Environmental Standards.
(d)
Residential planned unit development, cluster housing development and nonresidential planned unit development a property that is developed as a residential planned unit development, cluster housing development, or nonresidential planned unit development shall be subject to review by the planning board pursuant to chapter 90, site plans, and chapter 94, subdivisions (not codified), and shall comply with requirements identified in chapter 102, zoning, article vi, residential planned unit development, cluster housing development, and nonresidential planned unit development.
(e)
Prohibited uses. Only those uses specifically listed as permitted uses requiring Code Enforcement Officer review or permitted use requiring Planning Board review are allowed within the Office Park District. All other uses are prohibited.
Sec. 102-543 Use Table.
[4-2-2019; 1-7-2020]
Key to Table of Uses |
P means permitted with no permit required from CEO or Planning Board |
NO means that the identified use is a prohibited use |
P-CEO means use is permitted subject to permit issued by CEO |
P-PBR means use is permitted subject to permit issued by Planning Board |
If an identified use includes an *[footnote in brackets], consult the footnotes for the Table of Uses |
Shoreland Zone use identified in Chapter 82, Shoreland Zoning. |
YTBD means Yet to Be Determined; City has not yet identified all standards for this use |
Type of Use | Officer Park | |
|---|---|---|
1) | Dwelling, single-family | P-CEO |
2) | Accessory dwelling unit to a single-family residential unit in a detached accessory structure | P-CEO |
3) | Dwelling, two-family | P-CEO |
4) | Dwelling, multi-family (3 or more units in one structure) | P-PBR |
5) | Dwelling, multi-family in a residential planned unit development | P-PBR |
6) | Planned unit development (PUD), residential | P-PBR |
7) | Rural affordable housing development PUD | NO |
8) | Cluster housing development open space subdivision PUD | P-PBR |
9) | Manufactured housing on a chassis/mobile home | P-CEO*[1] |
10) | Manufactured housing (units on permanent foundation) | P-CEO*[1] |
11) | Manufactured housing community (units on chassis) or mobile home park | NO |
12) | Accessory residential structures | P-CEO |
13) | Accessory residential uses | P-CEO |
14) | Accessory non-residential structures | P-PBR |
15) | Accessory non-residential uses | P-PBR |
16) | Accessory residential uses on the upper stories of commercial and office buildings | P-PBR |
17) | Yard sales, residential, held no more than 10 days in a calendar year | P-CEO |
18) | Home occupation class 1: small scale | P-CEO |
19) | Home occupation class 2: mid-scale | P-CEO |
20) | Home occupation class 3: large scale | P-CEO |
21) | Owner occupied boarding or owner occupied lodging house with up to 3 boarders or lodgers | P-CEO |
22) | Owner occupied boarding or owner occupied lodging house with 4 or more boarders or lodgers | P-PBR |
23) | Owner occupied group home or owner occupied hospice with a capacity of up to 8 residents | P-PBR |
24) | Owner occupied group home or owner occupied hospice with a capacity of 9 or more residents | P-PBR |
25) | Group home with a capacity of up to 8 residents | P-PBR |
26) | Group home with a capacity of 9 or more residents | P-PBR |
27) | Up to 6 residents in the following: congregate care, residential retirement housing, assisted living facility or hospice [state defined Levels I, II and III Residential Care Facility, and state defined Levels I, II and III Private Non-Medical Institution] | P-PBR |
28) | Seven or more residents in the following: congregate care, residential retirement housing, assisted living facility or hospice [state defined Level IV Residential Care Facility, and state defined Level IV Private Non-Medical Institution] | P-PBR |
29) | Nursing home/nursing center/nursing facility | P-PBR |
30) | Bed and breakfast class 1 | P-CEO |
31) | Bed and breakfast class 2 | P-CEO |
32) | Bed and breakfast class 3 | P-CEO |
33) | Bed and breakfast, non-owner occupied | P-CEO |
34) | Hotel and motel | NO |
35) | Convention center | P-PBR |
36) | Campground excluding recreation vehicle (RV) park | NO |
37) | Recreation vehicle (RV) park including motor homes | NO |
38) | Cemetery | NO |
39) | Church, religious facility | P-PBR |
40) | Community center | P-PBR |
41) | Social club | P-PBR |
42) | Care facility, child care facility serving up 12 children [state defined Small Childcare Facility for 3-12 children] | P-PBR |
43) | Care facility, child care facility serving more than 12 children [state defined Child Care Center] | P-PBR |
44) | Care facility, youth and adult | P-PBR |
45) | School, private/parochial | P-PBR |
46) | School, public/charter | P-PBR |
47) | Dance studio | P-PBR |
48) | Fitness center | P-PBR |
49) | Recreational facility, indoor | P-PBR |
50) | Recreational facility, outdoor, excluding motorized vehicles | P-PBR |
51) | Municipal uses deemed necessary by the City Council for which the Council shall hold a public hearing with 10 days' public notice given | P-CEO |
52) | Museum | P-PBR |
53) | Shooting or rifle range | NO |
54) | Parking facility | P-PBR |
55) | Public park | P-CEO |
56) | Theater/performing arts center | P-PBR |
57) | Drive-in movie theater | NO |
58) | Theater, outdoor | P-PBR |
59) | Quasi-public and non-municipal public uses | P-PBR |
60) | Recreational or community activities | P-PBR |
61) | Amusement park | NO |
62) | Motor vehicle repair with a maximum of 3 vehicles offered for sale on the property as an accessory use | NO |
63) | Motor vehicle repair with a maximum of 6 vehicles offered for sale on the property as an accessory use | NO |
64) | Motor vehicle repair business | NO |
65) | Motor vehicle fuel sales | NO |
66) | Motor vehicle sales including automobiles, snowmobiles, utility-terrain vehicles (UTV) and all-terrain vehicles (ATV) | NO |
67) | Recreational vehicle sales, motor homes, heavy trucks, and related equipment sales, repairs and services | NO |
68) | Mobile home, manufactured home and modular home sales | NO |
69) | Restaurant, fast food | NO |
70) | Restaurant, formula | NO |
71) | Restaurant, indoor seating | P-PBR*[2] |
72) | Restaurant with outdoor seating | P-PBR*[2] |
73) | Restaurant, take out | P-PBR*[2] |
74) | Restaurant with drive through window | NO |
75) | Restaurant, ice cream stand | NO |
76) | Funeral home/mortuary | NO |
77) | Dry cleaner or laundromat | NO |
78) | Personal services | P-PBR |
79) | Professional offices | P-PBR |
80) | Retail stores, both a single retail store (use) and a structure in which a retail store (use) or stores are located, that are greater than 40,000 square feet in size, but less than 75,000 square feet in size | P-PBR*[3] |
81) | Retail stores, small-scale, up to 20,000 square feet in size | P-PBR*[3] |
82) | Retail stores, mid-scale, between 20,001 and 39,999 square feet in size | P-PBR*[3] |
83) | Shopping centers, including mixed use development (service, general merchandise clothing and grocery retail, building supply, restaurant, and/or office in the same complex), provided that no structure in the shopping center is greater than 75,000 square feet, and provided that the gross floor area of all structures is less than 150,000 square feet | P-PBR*[3] |
84) | Shopping centers, including mixed use development (service, retail, restaurant, and/or office in same complex), provided that no single shopping center structure in which a retail store is located is greater than 40,000 square feet, but less than 75,000 square feet in size | P-PBR*[3] |
85) | Convenience stores up to 5,000 square feet in size | NO |
86) | Convenience stores, greater than 5,000 square feet in size | NO |
87) | Redemption centers for beverage containers | NO |
88) | Planned unit development, non-residential | P-PBR |
89) | Light industrial/light manufacturing | P-PBR |
90) | Manufacturing, processing and industrial activities, including accessory retail | NO |
91) | Bituminous asphalt plant/mixing operations | NO |
92) | Storage, commercial exterior | P-PBR |
93) | Research laboratory | P-PBR |
94) | Storage, self-storage facility | P-PBR |
95) | Storage tanks for petroleum products, including propane for sale | NO |
96) | Storage, facility/warehouse. | P-PBR |
97) | Septage, storage and spreading | NO |
98) | Junkyards, including auto graveyards | NO |
99) | Health care facilities/offices | P-PBR |
100) | Health services | P-PBR |
101) | Hospital | P-PBR |
102) | Aquaculture, land based | NO |
103) | Boat building/repair/retrofitting/storage that includes onsite sales | NO |
104) | Commercial storage of boats | NO |
105) | Lobster pound and fish/seafood processing | NO |
106) | Marinas and marina related service businesses | NO |
107) | Docks, floats and similar uses that occur below the normal high water mark | NO |
108) | Water borne transportation and recreation | NO |
109) | Commercial agricultural, dairy and horticultural activities | P-CEO |
110) | Commercial poultry | NO |
111) | Non-commercial domestic chicken raising | P |
112) | Slaughterhouse | NO |
113) | Horses and horse barns/stables | P-CEO |
114) | Animal breeding, husbandry | P-CEO |
115) | Craft sales | P-PBR |
116) | Farm stand | P-PBR |
117) | Farmers market including food and craft sales | P-PBR |
118) | Fill, loam, sand, and gravel extraction operations, provided the operation does not include the removal of bedrock material through blasting or any other mechanical means or the crushing or further processing of such bedrock material | NO |
119) | Fill, loam, sand, gravel extraction, excluding bedrock, with restrictions on extent of area to be extracted at one time, and establishment of a continuing reclamation and reforestation program | NO |
120) | Fill activities that exceed 25 cubic yards | P-CEO |
121) | Commercial agricultural greenhouse or nursery: sale of materials, plants or similar items commonly associated with landscaping activities | P-PBR |
122) | Tree farm | P-PBR |
123) | Animal kennel Class 1 | P-PBR |
124) | Animal kennel Class 2 | P-PBR |
125) | Veterinary clinic and veterinary hospital | P-PBR |
126) | Forestry: woodlot management and timber harvesting | NO |
127) | Forestry: commercial firewood processing | NO |
128) | Hydropower generation | NO |
129) | Aviation and uses accessory to aviation | NO |
130) | Stealth telecommunications facilities | P-CEO |
131) | Minor telecommunications facilities (to be defined) including co-location on existing structures | P-PBR |
132) | Telecommunications facilities | NO |
133) | Essential services | P-CEO |
134) | Medical marijuana caregiver retail stores | P-PBR |
135) | Medical marijuana manufacturing facilities | P-PBR |
136) | Medical marijuana testing facilities | P-PBR |
137) | Significant groundwater wells | NO |
138) | Map 5, Lot 31, specific use requirements | P-PBR*[4] |
139) | (Reserved) | |
140) | (Reserved) | |
141) | Solar energy system, small-scale, medium-scale and large-scale, roof-mounted | P-CEO |
142) | Solar energy system, small-scale, ground-mounted | P-CEO |
143) | Solar energy system, medium-scale, ground-mounted | P-CEO |
144) | Solar energy system, large-scale, ground-mounted | P-CEO |
Sec. 102-544 Footnotes to Use Table.
[4-2-2019; 4-16-2019]
The footnotes identified below apply to the Use Table identified in Section 102-543. The respective footnote identifies additional requirements that apply to the use identified in the Use Table. The footnotes are identified in the Use Table by the following designation: *[number of footnote].
Footnote 1: A manufactured housing unit shall only be permitted if it is located 500 or more feet from the centerline of Belmont Avenue (Route 3) or Lincolnville Avenue (Route 52).
Footnote 2: An indoor seating restaurant, outdoor seating restaurant or take-out restaurant must be connected to public sewer to be considered a permitted use.
Footnote 3: The following standards shall apply to the size of a general merchandise, clothing or grocery retail use or building supply retail use in the Office Park zoning district. | |
a) | A general merchandise, clothing, or grocery retail use or building supply retail use shall be a permitted use on Map 5, Lot 5 and Lot 7 (as such were depicted on the City Tax Assessor Maps in effect on April 1, 2018), subject to the following standards: no single retail use is greater than 4,000 square feet in size, there is a maximum of three retail uses in any single structure, there is a maximum of one structure in which any retail use occurs located on a single property, and the retail use can comply with the nonresidential development standards for the Office Park District identified in Article IX of this chapter. Other uses permitted in the district may occur on either of the above two properties in addition to (in combination with) an allowed retail use. |
Notwithstanding the above limitation on the size of certain retail stores, an applicant may request that the City allow a general merchandise, clothing, or grocery retail use or building supply retail use greater than the above size limits on Map 5, Lot 7, provided the gross floor area of all structures is less than 75,000 square feet in size. The City may consider an application subject to requirements of Chapter 102, Zoning, Article X, Contract Rezoning, Division 2. An applicant subject to the contract rezoning process is exempt from requirements to prepare the comprehensive economic and community impact study identified in these standards. | |
b) | A general merchandise, clothing, or grocery retail use or building supply retail use shall be a permitted use on the following properties, Map 5, Lot 29, 29-B, and 31-B (as such were depicted on the City Tax Assessor Maps that were in effect on April 1, 2018), subject to the following standards: there shall be no more than one retail use located on a property, the retail use is located in a structure that is a maximum of 6,000 square feet in size, the retail use may have an accessory structure that is a maximum of 2,000 square feet in size, the retail use and any other use on the property shall comply with the supplemental performance standards identified in Section 102-545, and the retail use and any other use on the property shall comply with applicable nonresidential development standards for the Office Park District identified in Article IX of this chapter. Other uses permitted in the district may occur on any of the above three properties in addition to (in combination with) an allowed retail use. |
c) | A general merchandise, clothing, or grocery retail use or building supply retail use shall be a permitted use on the following properties, Map 5, Lot 1 (as such was depicted on the City Tax Assessor Maps in effect on April 1, 2018) and the portion of Map 5, Lot 26 (as such was depicted on the Tax Assessor Maps in effect on April 1, 2018), that excludes the portion of said lot that was depicted as Map 5, Lot 31, on the Tax Assessor Maps in effect on April 21, 2001, subject to the following standards: any single retail use shall be a maximum of 75,000 square feet in size and the retail use shall comply with the nonresidential development standards for the Office Park District identified in Article IX of this chapter. Other uses permitted in the district may occur on any of the above three properties in addition to (in combination with) an allowed retail uses. |
Footnote 4: Footnote 4 applies only to Map 5, Lot 31, as depicted on the tax maps in effect on August 21, 2001; reference map below. This lot is depicted on the April 1, 2019, Tax Maps as being part of Map 5, Lot 26. | |
The owner of Map 5, Lot 31, shall develop this property as a planned unit development. This property may be developed for any permitted use identified in the Table of Uses that applies to the Office Park District, reference Section 102-543, except the following: a general merchandise, clothing, or grocery retail use; a building supply retail use; or a restaurant. | |
A project that involves only nonresidential development shall be exempt from compliance with the planned unit development standard identified in Article VI of this chapter regarding the provision of open space. In lieu of this standard, a nonresidential development project shall be required to reserve a minimum of 10% of the site as permanent open space. The performance standards for the Office Park District shall apply to a planned unit development proposal considered under this section, and all primary access to this property shall occur via a curb cut and access road located on Route 3. Only an emergency access shall be allowed from this property to Edgecomb Road. | |
 | |
Sec. 102-545 Supplemental Performance Standards that apply to certain retail and restaurant uses on properties identified as Map 5, Lot 29, 29-B and 31-B.
[4-2-2019]
The Section 102-543 Table of Uses, Use 81), as defined by Section 102-544, Footnote 3, b), identifies certain retail uses that can occur on the following properties: Map 5, Lot 29, 29-B and 31-B. The Table of Uses also identifies several types of restaurants that can occur in the Office Park zoning district, reference Use 71), 72) and 73), as defined by Section 102-544, Footnote 2). The above identified retail uses [reference Use 81)] and restaurant uses [reference Use 71), 72) and 73)], that may be proposed to occur on Map 5, Lot 29, 29-B and 31-B, shall satisfy the following supplemental performance standards in addition to the nonresidential development standards identified in Article IX of this chapter for the Office Park District.
(a)
Amount of front setback for structures. The minimum amount of front structure setback for any structure shall be no less than 70 feet. This setback amount shall supersede the amount of front structure setback identified in Section 102-778(c)(1).
(b)
Amount of front bufferyard. The minimum amount of front bufferyard shall be no less than 60 feet. This bufferyard amount shall supersede the amount of front bufferyard identified in Section 102-1302(a).
(c)
Amount of planting requirements for nonresidential uses. Plantings in the front bufferyard area shall provide effective and good quality screening, buffering and landscaping for the buildings and parking areas on the property, so that the appearance of the buildings and parking areas are effectively "broken-up." The plantings shall include trees, shrubs and other vegetation that exceed the amount of planting required in Section 102-1303. An applicant may use berms, fencing and other methods to supplement the plantings and to assist in achieving the intent of this subsection. An applicant shall present a planting plan that clearly depicts how the proposed plantings and other measures will achieve the purposes of this subsection. This planting requirement shall supersede the planting requirement identified in Section 102-1303.
(d)
Nonresidential structural design requirements. All buildings shall be constructed to resemble farm-house or barn construction. The main showroom building for Perry's Furniture depicts the type of construction that would satisfy this requirement. This building design requirement shall supersede the requirements identified in Section 102-1305.
Sec. 102-551 Introduction to Dimensional Standard Table.
[4-2-2019]
The Dimensional Table in Section 102-553 identifies dimensional standards that apply to permitted uses and properties located in the Office Park Zoning District, as such is shown on the Official Zoning Map adopted by the City Council. This Dimensional Table was adopted by the City Council at its meeting of April 2, 2019. The City Council, in adopting this Dimensional Table, concurrently repealed all provisions of the Article V, District Regulations, Division 25, Office Park District standards.
Section 102-554 identifies footnotes to the Dimensional Table. The footnotes identify additional requirements that apply to certain properties and standards identified in the Dimensional Table, and are more fully described in Section 102-554. Footnotes are identified in the Dimensional Table by the following designation: *[number].
Sec. 102-552 Standards that universally apply to the Dimensional Table.
[4-2-2019]
The standards identified in this section shall universally apply to the standards identified in the Dimensional Table, Section 102-553.
(a)
The date of record for determining if a lot complies with minimum lot size requirements identified in the Dimensional Table is August 21, 2001, which is the date that the City initially adopted the Office Park Zoning District. A lot that was established prior to this date that does not satisfy minimum lot size requirements identified in the Dimensional Table shall be considered a nonconforming lot of record and may be developed for uses identified in the Use Table subject to the following standards:
(1)
A property that is developed for a multi-family housing project shall satisfy the minimum lot size requirement identified in Section 102-553, Dimensional Table, Subsection 1, Minimum Lot Size Requirement, Paragraphs i and j, and shall satisfy the density standard identified in Subsection 6, Density Standard, Paragraphs g and h.
(b)
If a lot (property) is occupied by one or more types of residential use, the total size (area) of the lot shall be no less than the amount of square feet needed to satisfy the minimum lot size requirement for each of the respective uses on the lot and the amount of residential use on the lot shall comply with residential density standards. The total size of such a lot involves only the amount of area (square feet); it does not require an increase in the amount of lot frontage.
(c)
If a lot (property) is occupied by a nonresidential use and one or more types of residential use, the size (area) of the lot, in total, shall satisfy the minimum lot size (area) requirement for the nonresidential use, and the minimum lot size requirement and accompanying density standards requirement for the respective residential uses. The total size of such a lot involves only the amount of area (square feet); it does not require an increase in the amount of lot frontage.
(d)
A property that has a nonconforming amount of road frontage may be developed, provided the property can obtain any required traffic or road opening permit from the City or the State of Maine Department of Transportation.
(e)
A residential structure that was constructed on or before August 21, 2001, that does not conform with structure setback requirements shall be considered a nonconforming structure of record with respect to setbacks. Said residential structure may continue and may expand, subject to requirements of Article III, Nonconformance, of this chapter.
(f)
A non-residential structure that was constructed on or before August 21, 2001, that does not conform with structure setback requirements shall be considered a nonconforming structure of record with respect to setbacks. Said non-residential structure may expand. Any expansion in the nonconforming setback area shall comply with the following requirements:
(1)
The amount of expansion in the nonconforming setback area is limited to 30% of the total amount of area located in the respective nonconforming setback area;
(2)
None of the expansion in the nonconforming setback area shall be any closer to a lot line than the existing nonconforming structure setback; and
(3)
The Planning Board finds that the applicant has taken reasonable measures to comply with structure setback requirements.
(g)
A property that is developed as a planned unit development or cluster housing development shall be subject to review by the Planning Board pursuant to Chapter 90, Site Plans, and Chapter 94, Subdivisions (not codified), and shall comply with requirements identified in Chapter 102, Zoning, Article VI, Residential Planned Unit Development and Cluster Housing Development.
(h)
All setbacks shall be measured from the property line, and the applicant shall be responsible for verifying that all setback requirements are met. The applicant, Code Enforcement Officer or Planning Board may use a MDOT or City road layout or right-of-way, a property deed or similar information to determine the minimum amount of setback required. The Code Enforcement Officer or Planning Board, however, may require the applicant to provide a survey to identify property lines and setback requirements if either deems that a survey is necessary to verify the applicant's representations.
Sec. 102-553 Dimensional Table.
[4-2-2019]
Dimensional Standard | Office Park | |
When an * asterisk and [] are on the Dimensional Chart, such as *[1] refer to footnotes in Section 102-554 that accompany this chart. | ||
1) Minimum Lot Size | ||
a. | Minimum lot size, single family residential, public sewer, with or without detached accessory dwelling unit | 14,520 sq ft *[3] |
b. | Minimum lot size, single family residential, back lot, public sewer, with or without detached accessory dwelling unit | 14,520 sq ft *[3] |
c. | Minimum lot size, single family residential, subsurface system, with or without detached accessory dwelling unit | 21,780 sq ft |
d. | Minimum lot size single family residential, back lot, subsurface system, with or without detached accessory dwelling unit | 21,780 sq ft |
e. | Minimum lot size, two family residential, public sewer | 14,520 sq ft *[3] |
f. | Minimum lot size, two family residential, back lot, public sewer | 14,520 sq ft *[3] |
g. | Minimum lot size, two-family residential, subsurface system | 21,780 sq ft |
h. | Minimum lot size, two-family residential, back lot, subsurface system | 21,780 sq ft |
i. | Minimum lot size, multi-family residential, public sewer | 21,780 sq ft*[1] |
j. | Minimum lot size, multi-family residential, subsurface system | 43,560 sq ft *[1] |
k. | Minimum lot size, non-residential, public sewer | 43,560 sq ft |
l. | Minimum lot size, non-residential (no frontage), public sewer | 43,560 sq ft |
m. | Minimum lot size, non-residential, subsurface system | 43,560 sq ft |
2) Minimum Street Frontage for a Lot | ||
a. | Minimum street frontage - residential | 150 ft |
b. | Minimum street frontage - non-residential | 200 ft |
c. | Minimum width lot - back lot-residential | 150 ft |
d. | Minimum width lot - back lot - non-residential | 200 ft |
3) Minimum Front Setback for a Structure | ||
a. | Front setback, structure - residential (primary structure), single family, two-family and single-family with detached accessory dwelling unit | 25 ft |
b. | Front setback, structure - residential, multi-family (primary structure) | 50 ft |
c. | Front setback, structure - residential (accessory structure), single family, two-family and single family with detached accessory dwelling unit | 25 ft |
d. | Front setback, structure - residential, multi-family (accessory structure) | 50 ft |
e. | Front setback, structure - nonresidential (primary structure) | Structure Size in Square Feet Less than 5,000 sf - 30 ft 5,001 - 15,000 sf - 40 ft 15,001 - 30,000 sf - 50 ft 30,001 - 50,000 sf - 75 ft 50,001 - 75,000 sf - 100 ft Greater than 75,000 sf - 125 ft Also see Footnote *[2] |
f. | Front setback, structure - nonresidential (Accessory structure) | Same Front Setback Requirement as Primary Structure Also See Footnote *[2] |
4) Minimum Side Setback for a Structure | ||
a. | Side setback - residential - primary structure | 25 feet |
b. | Side setback - residential - accessory structure | 25 feet |
c. | Side setback - non-residential - primary & accessory structures, provided the property abuts another property(ies) that is located in the Office Park Zoning District | Structure Size in Square Feet Less than 5,000 sf - 15 feet 5,001 - 15,000 sf - 20 feet 15,001 - 30,000 sf - 25 feet 30,001 - 50,000 sf - 40 feet 50,001 - 75,000 sf - 45 feet Greater than 75,000 sf - 50 feet |
d. | Side setback- non-residential - primary & accessory structures, if the property does not abut another property that is located in the Office Park Zoning District | Structure Size in Square Feet Less than 5,000 sf - 35 feet 5,001 - 15,000 sf - 40 feet 15,001 - 30,000 sf - 50 feet 30,001 - 50,000 sf - 60 feet 50,001 - 75,000 sf - 80 feet Greater than 75,000 sf - 100 feet |
5) Minimum Rear Setback for a Structure | ||
a. | Rear setback - residential - primary structure | 25 feet |
b. | Rear setback - residential - accessory structure | 25 feet |
c. | Rear setback - nonresidential - primary & accessory structures - provided the property abuts another property(ies) that is located in the Office Park Zoning District | Structure Size in Square Feet Less than 5,000 sf - 15 feet 5,001 - 15,000 sf - 20 feet 15,001 - 30,000 sf - 25 feet 30,001 - 50,000 sf - 40 feet 50,001 - 75,000 sf - 45 feet Greater than 75,000 sf - 50 feet |
d. | Rear setback - nonresidential - primary & accessory structures if the property does not abut another property that is located in the Office Park Zoning District | Structure Size in Square Feet Less than 5,000 sf - 35 feet 5,001 - 15,000 sf - 40 feet 15,001 - 30,000 sf - 50 feet 30,001 - 50,000 sf - 60 feet 50,001 - 75,000 sf - 80 feet Greater than 75,000 sf - 100 feet |
6) Density Standard (Number of Units/Size of Lot) | ||
a. | Single family residential (public sewer) | 14,520 sq ft *[3] |
b. | Single family residential (subsurface system) | 21,780 sq ft |
c. | Single family residential with one accessory detached dwelling unit (public sewer) | 14,520 sq ft *[3] |
d. | Single family residential with one accessory detached dwelling unit (subsurface system) | 21,780 sq ft |
e. | Two-family residential, public sewer | 14,520 sq ft *[3] |
f. | Two-family residential, subsurface system | 21,780 sq ft |
g. | Multi-family residential, public sewer | 21,780 sq ft minimum lot size (net acreage). This size of lot (net acre) can allow 6 multi-family dwelling units in one or more multi-family structures. Each additional multi-family unit requires 1,500 square feet of net acreage. |
h. | Multi-family residential, subsurface system | 43,560 sq ft minimum lot size (net acreage). This size of lot (net acre) can allow 4 multi-family dwelling units in one or more multi-family structures. Each additional multi-family unit requires 7,500 square feet of net acreage. |
7) Maximum Lot Coverage | ||
a. | Maximum lot coverage - residential (impervious surface ratio); single family, two-family & detached accessory dwelling units | None |
b. | Maximum lot coverage - residential (structure coverage) | None |
c. | Maximum lot coverage - nonresidential (impervious surface ratio) - standard for new nonresidential construction, including multi-family housing, on a vacant lot | None |
d. | Maximum lot coverage - nonresidential (impervious surface ratio) - standard for nonresidential construction, including multi-family housing, on an existing lot developed for a nonresidential use | None |
e. | Maximum lot coverage - nonresidential (structure coverage) | None |
8) Maximum Structure Height | ||
a. | Maximum height, residential, single family and two-family and detached accessory dwelling unit - non-shoreland area | 38 feet |
b. | Maximum height, multi-family residential | 45 feet |
c. | Maximum height, all residential uses - shoreland | Refer to Chapter 82, Shoreland Zoning, and refer to height standard for respective shoreland district |
d. | Maximum height, nonresidential - non-shoreland areas | a) 45 feet for a non-residential structure located within 200 feet of Route 3 or Lincolnville Avenue. b) 60 feet for a non-residential structure located 201 feet or more from Route 3 or Lincolnville Avenue. |
e. | Maximum height, nonresidential - shoreland areas | Refer to Chapter 82, Shoreland Zoning, and refer to height standard for respective shoreland district |
Sec. 102-554 Footnotes to Dimensional Standard Chart.
[4-2-2019]
The footnotes identified below apply to the Dimensional Standard Table in Section 102-553. The respective footnote identifies additional requirements that apply to the standard identified in the Dimensional Standard Table. The footnotes are identified in the Dimensional Standard Table by the following designation: *[number].
Footnote *[1]. The minimum lot size for any multi-family residential use shall comply with both the minimum lot size standard and density standard requirement identified in the Dimensional Standard Table.
Footnote *[2]. The amount of front setback for a general merchandise, grocery or clothing retail store, a building supply retail store, or a restaurant that is located on the following properties, Map 5, Lots 29, 29-B and 31-B, shall comply with the front setback for structures identified in Section 102-545 (Use Table standards).
Footnote *[3]. In a planned unit development in which all dwelling units are connected to public sewer, and all uses on the property are a single family residence, a single family residence with a detached accessory dwelling structure, or a two family residence, the minimum lot size identified in the Dimensional Table for 1a, b, e and f may be decreased from 14,520 square feet to 10,000 square feet, and the density standard for said uses identified in 6a, c and e can similarly be decreased from 14,520 square feet to 10,000 square feet. A property that is developed as a planned unit development or cluster housing development shall comply with all standards identified in Chapter 102, Zoning, Article VI, Residential Planned Unit Development, Cluster Housing Development and Nonresidential Planned Unit Development, and shall require Planning Board review pursuant to Chapter 90, Site Plans, and Chapter 94, Subdivisions (non-codified).
Sec. 102-561 Permitted uses requiring Code Enforcement Officer review.
[Ord. No. 78-2001, 6-5-2001; 12-5-2017; 1-7-2020; 8-3-2021]
The City Code Enforcement Officer shall review and make decisions regarding applications for a use permit for the following types of uses in the Searsport Avenue Waterfront District:
(1)
Residential, single-family dwelling. Manufactured housing units are prohibited.
(2)
Residential, two-family dwelling. Manufactured housing units are prohibited.
(3)
Residential, one or two bedroom accessory dwelling unit in a detached structure. Manufactured housing units are prohibited. Also reference the Article IX, Division 6, supplemental performance standards in this chapter.
(4)
Yard sales are permitted as an accessory use to a residential use on no more than 10 days in any calendar year.
(5)
Home occupations (expanded definition).
(6)
Bed and breakfast, including class 1, class 2 and class 3.
(7)
Craft fairs on no more than 10 days in any calendar year.
(8)
Essential services.
(9)
Municipal uses deemed necessary by the City Council, subject to the Council conducting a duly noticed public hearing (minimum 10 days) prior to taking action to permit the use.
(10)
Public parks.
(11)
Agriculture and farm animals, excluding a commercial piggery, raising poultry for commercial uses, and slaughterhouses.
(12)
Accessory uses for principal uses for which the CEO can issue a permit.
(13)
Accessory structures to principal structures for which the CEO can issue a permit.
(14)
Solar energy systems, small-scale and medium-scale, ground-mounted and roof-mounted.
(15)
Solar energy systems, large-scale, roof-mounted.
(16)
Fill activities that involve the removal or addition of fill that exceeds 100 cubic yards of material.
Sec. 102-562 Permitted uses requiring Planning Board review.
[Ord. No. 78-2001, 6-5-2001; Ord. No. 21-2006, 2-7-2006; 12-18-2018; 1-7-2020; 8-3-2021]
The City Planning Board shall review and make decisions regarding applications for the following types of uses in the Searsport Avenue Waterfront District:
(1)
Retail stores, provided that no single retail store (use) and no structure in which a retail store (use) or stores (uses) are located is greater than 20,000 square feet in size.
(2)
Shopping centers, including mixed use development (service, retail, restaurant, and/or office in same complex), provided that no single shopping center structure is greater than 20,000 square feet in size.
(3)
Service businesses.
(4)
Hotels and motels.
(5)
Restaurants, excluding fast food restaurants and restaurants with drive-through windows.
(6)
Ice cream stands.
(7)
Professional offices and health care offices.
(8)
Office complexes.
(9)
Funeral homes.
(10)
Health care facilities.
(11)
Congregate retirement residential housing.
(12)
Multifamily housing, if connected to public sewer.
(13)
Residential planned unit development and cluster housing development.
(14)
Non-municipal public and quasi-public uses.
(15)
School, day nursery, institution of an educational, religious, philanthropic, fraternal, political or social nature; including as an accessory use to a permitted activity.
(16)
Indoor recreational activities and facilities.
(17)
Campgrounds.
(18)
Marinas and marine related businesses.
(19)
Boat building, boat repair, boat retrofitting, and boat storage, including the on-site sale of boats and accessory equipment.
(20)
Lobster pound and fish processing.
(21)
Water borne transportation and recreation.
(22)
Aquaculture, freshwater or marine.
(23)
Nurseries, green houses, landscaping businesses, tree farms and similar operations involved with the growing and selling of plant material. This use shall include the sale of machinery, materials, plants or similar items commonly associated with landscaping activities.
(24)
Accessory structures and accessory uses for uses for which the Planning Board can issue a permit for the principal use or principal structure.
(25)
Stealth telecommunications facilities.
(26)
Medical marijuana caregiver retail stores.
(27)
Medical marijuana manufacturing facilities.
(28)
Medical marijuana testing facilities.
(29)
Solar energy systems, large-scale, ground-mounted.
Sec. 102-563 Prohibited uses.
[Ord. No. 78-2001, 6-5-2001; 8-3-2021]
Sec. 102-564 (Reserved) [1]
[1]
Editor's Note: Former Section 102-564, Applicability of shoreland zoning and floodplain regulations, adopted 6-5-2001 by Ord. No. 78-2001, was repealed 8-3-2021.
Sec. 102-564.5 Dimensional and density standards for residential uses in the Searsport Avenue Waterfront District.
[8-3-2021]
(a)
The Searsport Avenue Waterfront Zoning District was established on August 19, 2001. Any property or structure established on or after August 19, 2001, must comply with all applicable dimensional and density standards in this section. Lots that may be nonconforming because such were created prior to August 19, 2001, and do not satisfy current dimensional requirements shall be considered a nonconforming lot of record, and must satisfy all standards that apply to a nonconforming lot of record. All structures that may be nonconforming because such were constructed prior to August 19, 2001, and do not satisfy current dimensional requirements, may continue to exist and may expand in accordance with the Article III, Nonconformance, provisions in this chapter.
(b)
The minimum lot size and minimum frontage requirements for residential uses in the Searsport Avenue Waterfront District shall comply with the following standards.
(1)
Minimum lot size and lot frontage requirements for a property connected to public sewer.
Type of Use on Sewer | Lot Size | Lot Frontage |
|---|---|---|
Single family residential | 15,000 sq. ft. | 150 lineal feet |
Two-family residential | 15,000 sq. ft. | 150 lineal feet |
Single family with detached accessory dwelling unit | 15,000 sq. ft. | 150 lineal feet |
Multi-family residential | 21,780 net sq. ft. | 150 lineal feet |
(2)
Minimum lot size and lot frontage requirements for a property that uses a subsurface wastewater disposal system for managing wastewater.
Type of Use - Subsurface System | Lot Size | Lot Frontage |
|---|---|---|
Single family residential | 20,000 sq. ft. | 150 lineal feet |
Two-family residential | 30,000 sq. ft. | 150 lineal feet |
Single-family with detached accessory dwelling unit | 30,000 sq. ft. | 150 lineal feet |
Multi-family residential | Prohibited use after August 19, 2001. 43,560 net sq. ft. for a nonconforming use of record | 150 lineal feet for a use that is a nonconforming use of record |
(3)
If there are one or more types of residential uses on the lot (property), the total size (area) of the lot must be no less than the amount of square feet needed to satisfy the minimum lot size requirement for each of the respective uses on the lot, reference standards (b)(1) and (2) above, and the amount of use (density) on the lot must comply with the residential density standards identified in 99(e) or (f) of this section. The total amount of lot frontage, however, only needs to satisfy the minimum amount of lot frontage required for the most intensive use on the property.
(c)
Minimum structure setback requirements for residential structures.
(1)
The minimum setback requirements for following types of residential structures and accessory structures to said residential structures shall comply with the standards in the following table.
Type of Use | Front Setback | Side Setback | Rear Setback |
|---|---|---|---|
Single family | 30 ft | 15 ft | 15 ft |
Two family | 30 ft | 15 ft | 15 ft |
Single family with detached accessory dwelling unit | 30 ft | 15 ft | 15 ft |
Multi-family | 30 ft | 25 ft | 25 ft |
(2)
A residential structure that was constructed on or before August 19, 2001, that does not comply with the above structure setback requirements shall be considered a nonconforming structure of record with respect to setback requirements. Said residential structure may continue and may expand, subject to requirements of Article III, Nonconformance, of this chapter, and in the case of an accessory dwelling unit in a detached structure, compliance with the Article IX, Division 6, supplemental performance standards.
(3)
All structure setbacks shall be measured from the property lines, and the applicant shall be responsible for verifying that all setback requirements are met. The applicant, Code Enforcement Officer or Planning Board may use a MDOT or City road layout or right-of-way, a property deed, or similar information to assist in determining the location of the property lines and minimum amount of setback required. The Code Enforcement Officer or Planning Board, however, may require the applicant to provide a survey to identify property lines and setback requirements if either deems that a survey is necessary to verify the applicant's representations.
(d)
Structure height for residential structures. The maximum structure height for the following types of residential structures and accessory structures to said residential structures shall comply with the standards in the following table.
Type of Structure | Maximum Height |
|---|---|
Single family | 35 ft |
Two family | 35 ft |
Single family with detached accessory dwelling unit | 35 ft |
Multi-family | 35 ft |
(e)
Density standard.
(1)
The following density standards shall apply to all residential uses in the Searsport Avenue Waterfront District that are connected to public sewer. These density standards are subject to modification in accordance with the planned unit development and cluster housing development requirements identified in Subsection (f) below.
Type of Use | Connected to Sewer |
|---|---|
Single family | One unit in one structure per 15,000 sq. ft |
Two family | Two units in one structure per 15,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 15,000 sq. ft. |
Multi-family | Six units per 21,780 net square feet and an additional 1,500 net square feet for each additional unit |
(2)
The following density standards shall apply to all residential uses in the Searsport Avenue Waterfront District that use a subsurface wastewater disposal system for managing wastewater. These density standards are subject to modification in accordance with the planned unit development and cluster housing development requirements identified in Subsection (f) below.
Type of Use | Subsurface System for Wastewater |
|---|---|
Single family | One unit in one structure per 20,000 sq. ft. |
Two family | Two units in one structure per 30,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 30,000 sq. ft. |
Multi-family | Prohibited use after August 19, 2001. 43,560 net sq. ft. for the initial 4 units for a nonconforming use of record and 10,890 net sq. ft. for each additional unit. |
(f)
Residential planned unit development and cluster housing development. In the case of a residential planned unit development or cluster housing development, the density standards identified in Subsection (e) of this section may be modified in accordance with the special provisions of Article VI of this chapter, and the following density requirements. A residential planned unit development or cluster housing development shall be reviewed pursuant to standards in the Subdivision Ordinance, Chapter 94, and Chapter 90, Site Plans.
(1)
A residential planned unit development or cluster housing development that is connected to public sewer in the Searsport Avenue Waterfront District shall comply with the following density standards.
Type of Use | Connected to Sewer |
|---|---|
Single family | One unit in one structure per 10,000 sq. ft. |
Two family | Two units in one structure per 10,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 10,000 sq. ft. |
Multi-family | Six units per 21,780 net square feet and an additional 1,500 net square feet for each additional unit |
(2)
A residential planned unit development or cluster housing development that uses a subsurface wastewater disposal system for managing wastewater in the Searsport Avenue Waterfront District shall comply with the following density standards.
Type of Use | Subsurface System for Wastewater |
|---|---|
Single family | One unit in one structure per 20,000 sq. ft. |
Two family | Two units in one structure per 20,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 20,000 sq. ft. |
Multi-family | Multi-family is a prohibited use; however, a planned unit development may include multi-family as a housing option, subject to a density standard of 20,000 sq. ft. of land area for the first two units, and 10,000 sq. ft. for each additional unit |
(g)
Lot coverage standards for residential uses. Residential structures shall occupy (lot coverage) a maximum of 30% of the lot (property). Lot coverage for the Searsport Avenue Waterfront District is defined as the amount of footprint of all structures, buildings only, and does not include roads, driveways, parking areas, in-ground patios, and similar features that are present on a property. However, if all or a portion of a property is located in a shoreland zoning district, the more inclusive definition of lot coverage (impervious surface coverage) identified in Chapter 82, Shoreland Zoning shall apply to the portions of the property that are in a shoreland zoning district.
Sec. 102-565 (Reserved) [1]
[1]
Editor's Note: Former Section 102-565, Dimensional and density standards, adopted 6-5-2001 by Ord. No. 78-2001, was repealed 8-3-2021.
Sec. 102-565.5 Dimensional standards for nonresidential uses and structures in the Searsport Avenue Waterfront District.
[8-3-2021]
(a)
Minimum lot size and minimum frontage requirements for nonresidential uses.
(1)
A lot (property) created on or after August 19, 2001, that is used for a nonresidential use shall be a minimum of 43,560 square feet (one acre) in size, and the lot shall have a minimum of 150 feet of road frontage, if the lot has road frontage. The minimum size of such a lot, however, shall be greater than 43,560 square feet, and the minimum amount of road frontage shall be greater than 150 feet, if warranted, to comply with the requirements of the Article IX, Division 4, nonresidential performance standards, Section 102-1242(a), (b), and (c).
(2)
A lot (property) that was created before August 19, 2001, that does not comply with the minimum lot size and minimum lot frontage (if the lot has road frontage) requirements identified in Subsection (1) above, shall be considered a nonconforming lot of record, and shall be considered a buildable lot for a nonresidential use, provided that the lot complies, if warranted, with the requirements of the Article IX, Division 4, performance standards, Section 102-1242(a), (b), (c), (d), and (e).
(3)
If a lot (property) is occupied by a nonresidential use and one or more types of residential use, the size (area) of the lot, in total, must satisfy the minimum lot size (area) requirement for the nonresidential use identified in Subsection (1) or (2) above, and the respective residential lot size standards identified in Section 102-564.5(b), and the respective density standards identified in Section 102-564.5(e) and (f), for each type of residential use that is on the property.
(b)
Minimum structure setback requirements for nonresidential structures.
(1)
The minimum front, side, and rear structure setback requirements for a nonresidential structure in the Searsport Avenue Waterfront District are identified in the following Article IX, Division 4, performance standards: Section 102-1243, minimum front setback requirements for nonresidential structures; Section 102-1244, minimum side setback requirements for nonresidential structures; and Section 102-1245, minimum rear setback requirements for nonresidential structures.
(2)
The method of measurement for the minimum amount of setback for a nonresidential structure shall be determined by the method for residential structures identified in Section 102-564.5(c)(3).
(c)
Maximum structure height for a nonresidential structure. The maximum height of a nonresidential structure or an accessory structure to a nonresidential structure shall be 38 feet, unless a portion of the property is located in a shoreland district, in which case the respective shoreland district maximum height standard shall apply. This maximum height requirement does not apply to the following specific uses: a telecommunication facility (subject to Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 5, Telecommunications Facilities), a water standpipe storage tank, a utility pole, and a storage silo for an agricultural use. The height requirement similarly does not apply to structures that may be exempt from the measurement of height pursuant to the City definition for height of a structure.
(d)
Lot coverage requirements for a nonresidential structure. A nonresidential structure shall occupy (lot coverage) a maximum of 30% of the lot (property). Lot coverage for the Searsport Avenue Waterfront District is defined as the amount of footprint of all structures, buildings only, and does not include roads, driveways or parking areas that are present on a property. However, if all or a portion of a property is located in the Shoreland Zone, the more inclusive definition of lot coverage (impervious surface coverage) identified in Chapter 82, Shoreland Zoning, shall apply to the portions of the property that are in a shoreland district. In addition, the amount of lot coverage for a nonresidential use may vary in accordance with the Article IX, Performance Standards, Division 4, Section 102-1276 view protection standards for the Searsport Avenue Waterfront District, for the purposes of preserving public views of the water.
Sec. 102-566 Performance standards.
[8-3-2021]
(b)
Performance standards for nonresidential uses. All nonresidential uses in the Searsport Avenue Waterfront District shall comply with the Article IX, Division 4, nonresidential development performance standards, applicable requirements of the Chapter 98, Technical Standards, and if the project qualifies as a site plan, the requirements of Chapter 90.
Sec. 102-601 Permitted uses requiring Code Enforcement Officer review.
The City Code Enforcement Officer shall review and make decisions regarding applications for a use permit for the following uses in the Business Park-Airport District:
(1)
Manufacturing or other industrial activities.
(2)
Retail sales as an accessory use to a manufacturing or industrial use, provided that the accessory use occupies no more than 50% of the total floor area, and at least a portion of the products sold at the site are manufactured at the site.
(3)
Essential services.
(4)
Aviation and uses accessory to aviation.
(5)
Professional offices, excluding offices used to provide health care or legal services.
(6)
Office complexes, excluding offices used to provide health care or legal services.
(7)
Warehouse facilities, including warehouse facilities that primarily make sales to persons in the building trades.
(8)
Service businesses.
(9)
Auto repair and auto body repair, excluding fuel sales. Auto sales are permitted as an accessory use to auto repair or auto body repair, provided that a maximum of three automobiles are available for sale.
(10)
Boat building and repair, with limited amounts of boat storage allowed as an accessory use.
(11)
Municipal uses deemed necessary by the City Council, but prior to taking action thereon, the Council shall hold a public hearing for which a minimum of 10 days' notice shall be provided.
(12)
Quasi-public uses deemed necessary by the City Council, but prior to taking action thereon, the Council shall hold a public hearing for which a minimum of 10 days' notice shall be provided.
(13)
A manufacturing or industrial use may operate the following three categories of a restaurant, indoor seating, outdoor seating and take-out, as an accessory use, provided that the restaurant use satisfies all of the following criteria: the restaurant menu primarily includes and features products the manufacturer or industrial user produces on the site; the restaurant has a maximum of 24 seats; the total area devoted to restaurant seating and food preparation for the restaurant, in conjunction with any area that may be devoted to an accessory retail use, shall not exceed 33% of the total floor area of the structure in which the restaurant is located, or the functional equivalent of 33% of the total floor area if the restaurant involves outside seating; and the restaurant does not serve meals/food to customers after 10:00 p.m.
(14)
A warehouse facility may operate the following three categories of a restaurant, indoor seating, outdoor seating and take-out, as an accessory use, provided that a minimum of 90% of the products stored and distributed at the warehouse facilities are malt, spirituous or vinous products, and provided the restaurant use satisfies all of the following criteria: the restaurant menu includes and features malt, spirituous or vinous products that the warehouse facility stores on the site; the restaurant has a maximum of 24 seats; the total area devoted to restaurant seating and food preparation for the restaurant, shall not exceed 33% of the total floor area of the structure in which the restaurant is located, or the functional equivalent of 33% of the total floor area if the restaurant involves outside seating; and the restaurant does not serve meals/food to customers after 10:00 p.m.
(15)
Care facility, child care facility serving up to 12 children (state defined small child care facility for three to 12 children).
(16)
Care facility, child care facility serving more than 12 children (state defined child care center).
(17)
School, private/parochial. In the Business Park, a school must be operated by a for profit organization to be a permitted use.
(18)
Recreational facility, indoor. In the Business Park, a recreational facility must be operated by a for profit organization to be a permitted use.
(19)
Solar energy systems, small-scale and medium-scale, ground-mounted and roof-mounted. (Note: Glare analysis may be required.)
(20)
Solar energy systems, large-scale, roof-mounted. (Note: Glare analysis likely required.)
[1]
Editor's Note: This ordinance also changed the title of Division 15 from "Industrial I Airport Area District" to "Business Park-Airport District."
Sec. 102-602 Permitted uses requiring Planning Board review.
[Ord. No. 21-2006, 2-7-2006; 12-18-2018; 1-7-2020]
Permitted uses requiring Planning Board review in the Business Park-Airport District are as follows:
Sec. 102-603 Standards.
[Ord. No. 28-1997, § 614.3, 3-4-1997; Ord. No. 33-2004, 4-20-2004]
(a)
The general standards of performance in article IX of this chapter shall be observed in the Business Park-Airport District.
(b)
The following standards shall also apply:
(1)
Minimum lot size is 40,000 square feet.
(2)
Maximum building lot coverage is 85%.
(3)
Minimum lot frontage is 150 feet.
(4)
The minimum front, side and rear yard setback for a structure and parking areas shall be established by the Belfast City Council or its designee, and shall be established as a covenant included in the deed for each property.
Sec. 102-604 Prohibited uses.
[Ord. No. 28-1997, § 614.4, 3-4-1997; Ord. No. 33-2004, 4-20-2004; 10-3-2017]
Only those uses specifically listed as permitted uses requiring CEO review or permitted uses requiring planning board review are allowed within the Business Park-Airport District. All other uses are excluded.
Sec. 102-605 Compliance with deed restrictions for property in Belfast Business Park, and satisfaction of business park regulations.
[Ord. No. 28-1997, § 614.5, 3-4-1997; Ord. No. 33-2004, 4-20-2004]
For properties located in the Belfast Business Park, the applicant shall comply with any and all covenants and deed restrictions relating to the property for which an application is made, and shall comply with all business park regulations established by the City of Belfast.
Sec. 102-606 Enumeration of uses does not restrict uses in other districts.
[Ord. No. 33-2004, 4-20-2004]
The express enumeration of a permitted use requiring CEO review or a permitted use requiring Planning Board review in the Business Park-Airport District is not intended to implicitly exclude those same uses in other districts in which those uses enumerated in this division (district) are not specifically listed or mentioned in another district.
Sec. 102-681 Permitted uses requiring Code Enforcement Officer review.
The City Code Enforcement Officer shall review and make decisions regarding applications for a use permit for the following uses in the Route One South Business Park District:
(1)
Essential services.
(2)
Recreational and community activities.
(3)
Recreational facility, outside, excluding motorized vehicles.
(4)
Public park.
(5)
Municipal uses deemed necessary by the City Council for which the Council shall hold a public hearing with 10 days' public notice given.
(6)
Quasi-public and nonmunicipal public uses.
(7)
Commercial agriculture, dairy and horticultural activities.
(8)
Animal breeding/husbandry.
(9)
Forestry, woodlot management and timber harvesting.
(10)
Fill activities that exceed 25 cubic yards.
(11)
Accessory nonresidential structures that are less than 500 square feet in size (to a permitted use or a nonconforming use of record).
(12)
Solar energy systems, small-scale and medium-scale, ground-mounted and roof-mounted.
(13)
Solar energy systems, large-scale, roof-mounted.
[1]
Editor's Note: This ordinance further provided that this amendment "shall expire and no longer be in effect if a person (applicant) does not submit an initial use permit and site plan permit application to construct a land based salmon aquaculture farm to the Belfast Planning Board by December 31, 2019. If the identified permit applications are not submitted by December 31, 2019, the provisions of Article IV and Article V associated with these amendments shall revert to the respective zoning regulations that were in effect on — (Note to Public: date to be established pursuant to Council October 2018 vote). Notwithstanding the expiration clause for the amendments identified above, the City Council, upon an affirmative vote of at least three voting members, may vote to extend the expiration date of December 31, 2019, for good cause."
Sec. 102-682 Permitted uses requiring Planning Board review.
[10-16-2018; 1-7-2020]
The City Planning Board shall review and make decisions regarding an application for the following types of uses in the Route One South Business Park District:
(1)
Light industrial and light manufacturing, including accessory retail sales.
(2)
Manufacturing, processing and industrial activities, including accessory retail sales.
(3)
Aquaculture, land based, including uses that are accessory to the aquaculture operation, such as but not limited to: fish processing, byproducts, research laboratory, offices, on-site child care, storage, accessory retail sales, and a visitor's center. A land based aquaculture operation may discharge wastewater to and use water from a marine or fresh water body.
(4)
Research laboratory.
(5)
Professional office.
(6)
Storage facility/warehouse.
(7)
Docks, floats, and similar uses that occur below the normal high water mark/high annual tide.
(8)
Hydropower generation.
(9)
Significant groundwater well.
(10)
Significant water intake or significant water discharge/outfall pipe.
(11)
Accessory nonresidential structures that are 500 square feet or greater in size and accessory nonresidential uses (to a permitted use or nonconforming use of record).
(12)
Stealth telecommunications facilities.
(13)
Solar energy systems, large-scale, ground-mounted.
Sec. 102-683 Prohibited uses.
[10-16-2018]
Only those uses specifically listed as permitted uses requiring Code Enforcement Officer review or permitted uses requiring Planning Board review are allowed within the Route One South Business Park District. All other uses are prohibited.
Sec. 102-684 Dimensional standards for nonresidential uses and nonresidential structures located in the Route One South Business Park District.
[10-16-2018]
(a)
Minimum lot size and minimum lot frontage requirements for nonresidential uses. A lot (property) that is occupied by a nonresidential use shall be a minimum of 87,120 net square feet (two net acres) in size and shall have a minimum of 250 lineal feet of road frontage, if the lot has frontage on a road. This lot size requirement applies regardless if the lot is connected to public sewer or uses a subsurface system for wastewater disposal.
(b)
Minimum structure setback requirements for nonresidential structures.
(1)
The following minimum setback requirements shall apply to nonresidential structures and accessory structures to said nonresidential structures that are located on a lot (property) that has road frontage on Route One or on another road other than Perkins Road:
Front - 75 feet |
Side - 50 feet |
Rear - 50 feet |
All structure setbacks shall be measured from the respective property lines. If a lot does not have frontage on a road, the front setback requirement shall not apply and all structures shall comply with the side and rear setback requirements.
(2)
The following minimum setback requirements shall apply to nonresidential structures and accessory structures to said nonresidential structures that are located on a lot (property) that has road frontage on Perkins Road:
Front - 40 feet |
Side - 50 feet |
Rear - 50 feet |
All structure setbacks shall be measured from the respective property lines. If a lot does not have frontage on a road, the front setback requirement shall not apply and all structures shall comply with the side and rear setback requirements.
(3)
Parking areas/spaces and solid waste/recycling containers shall be prohibited in the structure setback areas identified in Subsection (b)(1) and (2) above.
(c)
Minimum vegetated buffer yard areas. A lot (property) on which a nonresidential use or structure is located shall retain or provide a naturally vegetated buffer yard area in all structure setback areas identified in Subsection (b) above. The vegetated bufferyard area shall comply with the following standards:
(1)
The minimum width of the buffer yard area shall be 80% of the amount of the respective structure setback area. An exception to this standard applies to a front setback area located adjacent to Route One. In such cases, the front buffer yard area shall be no less than the amount of minimum front setback area for structures; reference Subsection (b)(1) of this section.
(2)
Vegetation in any naturally vegetated buffer yard area shall be consistent with the type and amount of vegetation that existed prior to the construction of the nonresidential use or structure for which a permit is requested. An applicant shall retain the maximum amount of existing mature trees as is practical, and shall supplement such mature plantings with understory and other plantings to provide a more effective visual buffer. The buffer yard area may incorporate approaches such as berms, fences and similar techniques to enhance the quality of the vegetative buffer. The planting plan for a vegetated buffer yard that is submitted to the City shall be prepared by an appropriately licensed professional.
(3)
Parking spaces/areas and solid waste/recycling containers are prohibited in any buffer yard area. Roads/driveways shall only be permitted to the extent that such must cross the buffer yard area to access the area permitted for development. The only other structures permitted in the buffer yard area, when there is no practical alternative as determined by the Planning Board, are utilities, stormwater management control facilities, significant water intake or significant water discharge/outfall pipes, and essential services.
(4)
The buffer yard and vegetation standards identified in Subsection (c)(1) and (2) above shall not apply to any structure that existed as of April 17, 2018, on property identified on the City of Belfast tax maps as Map 4, Lot 12A. This exemption also shall apply to any addition to a qualifying existing structure, provided the addition is physically connected to the existing structure. The buffer yard and vegetation/landscaping requirement for said qualifying structures are the standards identified in permits for said structures issued by the City Code Enforcement Officer or City Planning Board.
(d)
Maximum lot coverage for a lot (property) occupied by a nonresidential use. The maximum amount of lot coverage for any lot shall be 70%. Lot coverage is based on the amount of impervious surface on a lot.
(e)
Maximum structure height for a nonresidential structure. The maximum structure height for a nonresidential structure or an accessory structure to a nonresidential structure shall be 45 feet. The height requirement does not apply to a water standpipe storage tank, a utility pole, a storage silo for an agricultural use, and structures similar in function and design to the above structures.
Sec. 102-685 Performance standards for nonresidential uses and structures.
[10-16-2018]
All nonresidential uses in the Route One South Business Park District shall comply with applicable performance standards identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, and Article IX, Performance Standards, Division 2, Environmental Standards. The City shall use Chapter 98, Technical Standards, to assist in implementation of applicable performance standards and to establish requirements for the construction of project infrastructure.
Sec. 102-686 Applicability of shoreland zoning and floodplain regulations.
[10-16-2018]
Sec. 102-701 Permitted uses requiring Code Enforcement Officer review.
[Ord. of 4-6-2010(2); 12-5-2017; 1-7-2020]
Permitted uses which require Code Enforcement Officer review in the Protection Rural District are as follows:
(1)
Residential single-family dwelling. Manufactured housing units are permitted.
(2)
Residential, two-family dwelling. Manufactured housing units are permitted.
(3)
Residential, one or two bedroom accessory dwelling unit in a detached structure. Manufactured housing units are permitted.
(4)
Essential services.
(5)
Municipal uses deemed necessary by the City Council, but, prior to taking action thereon, the Council shall hold a public hearing for which 10 days' public notice shall be given.
(6)
Agricultural uses, agricultural processing including the keeping of farm animals and pleasure animals, and horticultural uses, except commercial piggeries or the raising of poultry for commercial uses and slaughterhouses and factories.
(7)
Farm stands.
(8)
Animal breeding/care.
(9)
Forest management, timber harvesting, woodlot management and on-site firewood processing activities.
(10)
Accessory use to residential uses or agricultural uses for which the CEO can issue a permit, and yard sales on no more than 10 days in any calendar year.
(11)
Accessory structures to a principal structure associated with a residential or agricultural use for which the CEO can issue a permit.
(12)
Solar energy systems, small-scale and medium-scale, ground-mounted and roof-mounted.
(13)
Solar energy systems, large-scale, roof-mounted.
Sec. 102-702 Permitted uses requiring Planning Board review.
[Ord. of 4-6-2010(2); 12-18-2018; 1-7-2020]
Permitted uses requiring Planning Board review in the Protection Rural District are as follows:
(1)
Residential planned unit development and cluster housing development project, including the following types of such development:
(2)
Bed and breakfast, including class 1, class 2 and class 3.
(3)
Veterinary hospital.
(4)
Kennel or stable.
(5)
Telecommunications facilities and stealth telecommunications facilities.
(6)
Churches.
(7)
Community centers/clubs.
(8)
Day care facilities.
(9)
Cemeteries.
(10)
Fill, loam, sand, and gravel extraction, excluding bedrock, with restrictions on the extent of area to be extracted at one time and the establishment of a continuing reclamation and reforestation program (subject to the provisions of Chapter 90, no matter what the size of the nonvegetated area).
(11)
Parks and recreation facilities.
(12)
Raising of poultry for commercial uses.
(13)
Home occupation (expanded definition).
(14)
Essential services.
(15)
Fire/police stations.
(16)
Accessory uses for commercial, educational, institutional or public activities and outdoor resource-based uses/activities.
(17)
Storage and spreading of septage provided such storage and spreading is found to be in compliance with Chapter 90, the site is approved by the City Council and storage and spreading of septage is in compliance with all state, federal, and City laws, rules, regulations and codes.
(18)
(Reserved)
(19)
Medical marijuana manufacturing facilities.
(20)
Medical marijuana testing facilities.
(21)
Solar energy systems, large-scale, ground-mounted.
Sec. 102-703 Applicability of shoreland zoning and floodplain regulations.
Sec. 102-704 Standards.
[Ord. of 4-6-2010(2)]
(a)
The general performance standards of Article IX of this chapter shall be observed in the Protection Rural District.
(c)
The lot size requirement for subdivisions shall be two acres. Prior to the submission of a preliminary plan, a conceptual development plan and a cluster housing development plan must be submitted. Cluster housing plans will limit construction to an overall maximum density of two dwelling units per net acre, with a minimum of 30% of the total project area reserved for open space.
(d)
The minimum setback shall be 30 feet from the road right-of-way line as determined by either measuring a distance from the center of the traveled way that equals 1/2 the right-of-way distance plus 30 feet, or determining the right-of-way boundary by a survey at owner's expense and adding 30 feet. Where the right-of-way width is unavailable or uncertain, the set-back shall be 60 feet from the center of the traveled way.
Sec. 102-705 Planned unit development and cluster housing development proposed pursuant to Article VI, Division 1.
[Ord. of 4-6-2010(2)]
In the case of a planned unit development and cluster housing development in the Protection Rural District, the standards in Section 102-704 may be modified in accordance with the special provisions of Article VI, Division 1, of this chapter. In addition, a planned unit development and cluster housing development project shall be reviewed under the subdivision ordinance. A cluster housing project shall limit construction to an overall maximum density of two dwelling units per net acre with a minimum of 30% of the total project area reserved for open space.
Sec. 102-706 Rural affordable housing development project proposed pursuant to Article VI, Division 2.
[Ord. of 4-6-2010(2)]
In the case of a rural affordable housing development project subject to review pursuant to the Article VI, Division 2 process and requirements, the Planning Board shall determine the maximum number of dwelling units permitted. In no case, however, may the maximum number of dwelling units allowed for a project exceed seven.
Sec. 102-707 Prohibited uses.
[Ord. of 4-6-2010(2)]
Only those uses specifically listed as permitted uses or permitted uses requiring Planning Board review are allowed within the Protection Rural District. All other uses are excluded.
Sec. 102-711 Permitted uses requiring Code Enforcement Officer review.
[Ord. No. 1-2000, 7-5-2000; 12-5-2017; 1-7-2020]
Permitted uses which require Code Enforcement Officer review in the Protection Rural-2 District are as follows:
(1)
Residential, single-family dwelling. Manufactured housing units are permitted.
(2)
Residential, two-family dwelling. Manufactured housing units are permitted.
(3)
Residential, one or two bedroom accessory dwelling unit in a detached structure. Manufactured housing units are permitted.
(4)
Home occupations (expanded definition).
(5)
Agricultural, including the keeping of farm animals and pleasure animals, and horticulture uses.
(6)
Municipal uses deemed necessary by the City Council, but prior to taking action thereon, the Council shall hold a public hearing for which 10 days' public notice shall be given.
(7)
Essential services.
(8)
Accessory uses to uses for which the CEO can issue a permit and yard sales on no more than 10 days in a calendar year.
(9)
Accessory structures to uses for which the CEO or Planning Board can issue a permit.
(10)
Forest management, timber harvesting, woodlot management and on-site firewood processing activities.
(11)
Solar energy systems, small-scale and medium-scale, ground-mounted and roof-mounted.
(12)
Solar energy systems, large-scale, roof-mounted.
Sec. 102-712 Permitted uses requiring Planning Board review.
[Ord. No. 1-2000, 7-5-2000; Ord. No. 21-2006, 2-7-2006; 1-7-2020]
Permitted uses in the Protection Rural-2 District requiring Planning Board review are as follows:
(1)
Greenhouses for agriculture, plants, trees, shrubs and other vegetation.
(2)
Bed and breakfast, including Class 1, Class 2, and Class 3.
(3)
Boarding/lodging establishment with a maximum of three rooms in a single residence and provided the residence is owner occupied.
(4)
Schools, day nurseries, institutions of an educational, religious, philanthropic, fraternal, political or social nature.
(5)
Planned unit development and cluster housing provided no structure is greater than a duplex and density is same as section 102-714(b).
(6)
Recreational or community activities and facilities.
(7)
Stealth telecommunications facilities.
(8)
Solar energy systems, large-scale, ground-mounted.
Sec. 102-712.5 Use of nonconforming telecommunication tower requiring Planning Board review.
[Ord. No. 40-2006, 6-6-2006]
A telecommunication tower constructed prior to July 5, 2000, which is the date of establishment of the Protection Rural-2 zoning district, may continue to operate as a nonconforming use, provided that the owner of the tower complies with all of the following requirements:
(1)
There is no increase in the number of carriers and no increase in the number of frequencies received or broadcast from said telecommunication tower, except that equipment on the tower may be maintained, replaced, and/or updated. The owner shall be required to demonstrate to the Planning Board that any proposal to replace or update the equipment is warranted, that the tower can structurally support this equipment, and that all such equipment complies with federal requirements.
(2)
The maximum height of the tower shall be the height of the tower as it existed on July 5, 2000.
(3)
The telecommunication carrier which has equipment on the tower may make necessary changes to on-site accessory buildings and equipment which is located on the ground and which is used to support operation of the tower.
Sec. 102-713 Applicability of shoreland zoning and floodplain regulations.
Sec. 102-714 Standards.
[Ord. No. 1-2000, 7-5-2000]
(c)
Dimensional standards:
(1)
Minimum lot frontage: 100 feet.
(2)
Minimum rear and side yard setbacks: 15 feet.
(3)
Minimum front setback: 30 feet.
Front setbacks shall be measured from the road right of way line as determined by either measuring a distance from the centerline of the traveled way that equals 1/2 the right-of-way distance plus 30 feet or determining the right of way boundary by a survey at the owner's expense and adding 30 feet. Where the right of way width is unavailable or uncertain and a survey does not reveal the location of the right of way, the setback shall be 60 feet from the center of the traveled way. |
Sec. 102-715 Planned unit development and cluster housing development.
[Ord. No. 1-2000, 7-5-2000]
In the case of a planned development or cluster housing development, the above standards may be modified in accordance with the special provisions of article VI of this chapter. In addition, planned unit development shall be reviewed under the subdivision ordinance. Reference density standards in section 102-714(b).
Sec. 102-716 Prohibited uses.
[Ord. No. 1-2000, 7-5-2000]
Only those uses specifically listed as permitted uses or permitted uses requiring Planning Board review are allowed within the Protection Rural-2 District. All other uses are prohibited.
Sec. 102-721 Permitted uses requiring Code Enforcement Officer review.
[Ord. No. 28-1997, § 619.1, 3-4-1997; Ord. No. 42-1997, 4-15-1997; Ord. No. 57-1997, 6-17-1997; Ord. of 3-20-2007; Ord. of 8-3-2010(2); 1-7-2020]
Permitted uses in the Airport Growth District are as follows:
(1)
Aviation and uses accessory to aviation.
(2)
Business parks.
(3)
Essential services.
(4)
Manufacturing, processing or industrial activities which add value to goods produced elsewhere.
(5)
Parks and open space.
(6)
Recreational and community activities except those operated for profit.
(7)
Accessory uses, including yard sales on no more than 10 days in any calendar year, for residential properties created prior to March 10, 1997.
(8)
The existing structure on property identified as Map 5, Lot 6B, as such is shown on the City 2006 Tax Assessor maps, may be used as a single-family residence in addition to other uses permitted in this zone. Any potential expansion of this structure shall be governed by terms of Section 102-218, Type 5, Nonconformity.
(10)
Solar energy systems, small-scale and medium-scale, ground-mounted and roof-mounted. (Note: Glare analysis may be required.)
(11)
Solar energy systems, large-scale, roof-mounted. (Note: Glare analysis likely required).
Sec. 102-722 Permitted uses requiring Planning Board review.
[Ord. No. 28-1997, § 619.2, 3-4-1997; Ord. No. 57-1997, 6-17-1997; Ord. No. 49-2003, 5-20-2003; Ord. No. 21-2006, 2-7-2006; 12-18-2018; 1-7-2020]
Permitted uses requiring Planning Board review in the Airport Growth District are as follows:
(1)
Light industrial uses.
(2)
Nonresidential planned unit development.
(3)
Home occupation (expanded definition) for residential properties created prior to March 10,1997.
(4)
Non-municipal public and quasi-public uses, provided such uses are located a minimum of 1,200 feet from Route 52 (Lincolnville Avenue) and that access for the use does not occur via Route 52 (Lincolnville Avenue).
(5)
Stealth telecommunications facilities.
(6)
Medical marijuana manufacturing facilities.
(7)
Medical marijuana testing facilities.
(8)
Solar energy systems, large-scale, ground-mounted. (Note: Glare analysis likely required).
Sec. 102-723 Standards.
[Ord. No. 28-1997, § 619.3, 3-4-1997]
(a)
The general standards of performance in article IX of this chapter shall be observed in the Airport Growth District.
(b)
The following standards shall also apply:
(1)
Minimum lot size is one net acre.
(2)
The minimum side and rear setback is 15 feet.
(3)
Maximum building height is 50 feet, but maximum height may be limited by airport height restrictions.
(4)
The minimum setback shall be 30 feet from the road right-of-way line as determined by either measuring a distance from the center of the traveled way that equals 1/2 the right-of-way distance plus 30 feet, or determining the right-of-way boundary by a survey at the owner's expense and adding 30 feet. Where the right-of-way width is unavailable or uncertain, the setback shall be 60 feet from the center of the traveled way.
Sec. 102-724 Applicability of shoreland zoning and floodplain regulations.
Sec. 102-725 Prohibited uses.
[Ord. No. 28-1997, § 619.5, 3-4-1997]
Only those uses specifically listed as permitted uses or permitted uses requiring Planning Board review, are allowed within the Airport Growth District. All other uses are excluded.
Sec. 102-741 Permitted uses requiring Code Enforcement Officer review.
[Ord. No. 28-1997, § 6221.1, 3-4-1997; 12-5-2017; 1-7-2020]
Permitted uses which require Code Enforcement Officer review in the Residential Growth District are as follows:
(1)
Residential, single-family dwelling. Manufactured housing units are permitted, provided that the unit is constructed on a permanent foundation.
(2)
Residential, two-family dwelling. Manufactured housing units are permitted, provided that the unit is constructed on a permanent foundation.
(3)
Residential, one or two bedroom accessory dwelling unit in a detached structure. Manufactured housing units are permitted, provided that the unit is constructed on a permanent foundation.
(4)
Public parks.
(5)
Municipal uses deemed necessary by the City Council, but, prior to taking action thereon, the Council shall hold a public hearing for which 10 days' public notice shall be given.
(6)
Accessory uses to uses for which the Code Enforcement Officer can issue a permit, and yard sales on no more than 10 days in any calendar year.
(7)
Accessory structures to uses and structures for which the CEO or Planning Board can issue a permit.
(8)
Solar energy systems, small-scale and medium-scale, ground-mounted and roof-mounted.
(9)
Solar energy systems, large-scale, roof-mounted.
Sec. 102-742 Permitted uses requiring Planning Board review.
[Ord. No. 28-1997, § 621.2, 3-4-1997; Ord. No. 1-1999, 7-6-1999; Ord. No. 21-2006, 2-7-2006; 12-5-2017; 12-18-2018; 1-7-2020]
Permitted uses requiring Planning Board review in the Residential Growth District are as follows:
(1)
Bed and breakfast, including class 1, class 2 and class 3.
(2)
Health service offices and professional offices.
(3)
Essential services.
(4)
School, day nursery, or institution of an educational, religious, philanthropic, fraternal, political or social nature.
(5)
Nonmunicipal public and quasipublic uses.
(6)
Residential planned unit development and cluster housing development.
(7)
Congregate retirement residential housing.
(8)
Health care facilities.
(9)
Home occupation (expanded definition).
(10)
Residential planned unit development.
(11)
Ownership of limited number of farm animals.
(12)
Agricultural and horticultural activities.
(13)
Nonprofit recreation uses.
(14)
Stealth telecommunications facilities.
(15)
Accessory uses for uses for which the Planning Board can issue a permit.
(16)
Medical marijuana manufacturing facilities.
(17)
Medical marijuana testing facilities.
(18)
Solar energy systems, large-scale, ground-mounted
Sec. 102-743 Applicability of shoreland zoning and floodplain regulations.
Sec. 102-744 Standards.
[Ord. No. 28-1997, § 621.4, 3-4-1997; Ord. No. 24-1998, 10-20-1998; Ord. No. 1-1999, 7-6-1999]
(a)
The standards of performance in article IX of this chapter shall be observed in the Residential Growth District.
(b)
The following standards shall also apply:
(3)
Minimum lot frontage is 60 feet.
(4)
The minimum rear and side yard setback is 15 feet for all buildings.
(5)
Maximum building height is 38 feet. The Planning Board may approve a steeple or cupola-like architectural enhancement which has no usable floor area which exceeds the height limitation of this section.
(6)
The minimum setback shall be 25 feet from the road right-of-way line as determined by either measuring a distance from the center of the traveled way that equals 1/2 the right-of-way distance plus 25 feet, or determining the right-of-way boundary by a survey at the owner's expense and adding 25 feet.
Sec. 102-745 Planned unit development and cluster housing development.
[Ord. No. 28-1997, § 621.5, 3-4-1997]
In the case of a residential planned unit development and cluster housing development in the Residential Growth District, the standards in section 102-744 may be modified in accordance with the special provisions of article VI of this chapter. In addition, planned unit development and cluster housing development shall be reviewed under the subdivision ordinance.
Sec. 102-746 Prohibited uses.
[Ord. No. 28-1997, § 621.6, 3-4-1997]
Only those uses specifically listed as permitted uses or permitted uses requiring Planning Board review are allowed within the Residential Growth District. All other uses are excluded.
Sec. 102-761 Permitted uses.
[Ord. No. 28-1997, § 622.1, 3-4-1997; Ord. of 8-3-2010(2)]
Permitted uses in the Health Care District are as follows:
(1)
Residential uses (single- and two-family), excluding manufactured housing units.
(2)
Public parks.
(3)
Accessory uses, including yard sales on no more than 10 days in any calendar year.
(4)
Municipal uses deemed necessary by the City Council, but, prior to taking action thereon, the council shall hold a public hearing for which 10 days' public notice shall be given.
Sec. 102-762 Permitted uses requiring Planning Board review.
[Ord. No. 28-1997, § 622.2, 3-4-1997; Ord. No. 12-1999, 9-7-1999; Ord. No. 21-2006, 2-7-2006]
Permitted uses requiring Planning Board review in the Health Care District are as follows:
(1)
Health service offices and professional offices.
(2)
Health care facilities.
(3)
Essential services.
(4)
School, day nursery, or institution of an educational, religious, philanthropic, fraternal, political or social nature.
(5)
Nonmunicipal public and quasipublic uses.
(6)
Home occupation.
(7)
Multifamily housing if associated with the delivery of health care services and the housing complies with density standards identified in section 102-764(b) for single-family and two-family dwelling structures.
(8)
Stealth telecommunications facilities.
Sec. 102-763 Applicability of shoreland zoning and floodplain regulations.
Sec. 102-764 Standards.
[Ord. No. 28-1997, § 622.4, 3-4-1997; Ord. No. 61-1998, 3-17-1998; Ord. No. 12-1999, 9-7-1999]
(a)
The general performance standards in article IX of this chapter shall be observed in the Health Care District.
(b)
The following shall also apply:
(3)
Minimum lot frontage is 60 feet.
(4)
The minimum rear and side setback is 15 feet for all buildings.
(5)
Maximum building height is 55 feet for all structures, except multifamily housing permitted in section 102-762(7), which has a height limit of 38 feet.
(6)
The minimum setback for all structures, except multifamily housing permitted in section 102-762(7), shall be 15 feet from the road right-of-way line as determined by either measuring a distance from the center of the traveled way that equals 1/2 of the right-of-way distance plus 15 feet, or determining the right-of-way boundary by a survey at the owner's expense and adding 15 feet. In addition, no permanent aboveground structures for the support, shelter or enclosure of persons or goods shall be erected within 25 feet of Northport Avenue.
(7)
The minimum setback for multifamily housing permitted in section 102-762(7) shall be 25 feet from the road right-of-way line as determined by either measuring a distance from the center of the traveled way that equals 1/2 of the right-of-way distance plus 25 feet, or determining the right-of-way boundary by a survey at the owner's expense and adding 25 feet.
Sec. 102-765 Screening of off-street parking areas.
[Ord. No. 28-1997, § 622.5, 3-4-1997]
All off-street parking in the Health Care District shall be screened from public ways by a vegetative buffer in accordance with article VIII, division 2 of this chapter, with the screening plan to be approved by the Planning Board.
Sec. 102-766 Prohibited uses.
[Ord. No. 28-1997, § 622.6, 3-4-1997]
Only those uses specifically listed as permitted uses or permitted uses requiring Planning Board review are allowed within the Health Care District. All other uses are excluded.
Sec. 102-767 Permitted uses requiring Code Enforcement Officer review.
[Ord. of 1-29-2008(1); 12-5-2017; 1-7-2020; 4-7-2020]
The City Code Enforcement Officer shall review and make decisions regarding applications for a use permit for the following types of uses in the Route 3 Commercial District:
(1)
Residential, single-family dwelling. Manufactured housing units are prohibited.
(2)
Residential, two-family dwelling. Manufactured housing units are prohibited.
(3)
Residential, one or two bedroom accessory dwelling unit in a detached structure. Manufactured housing units are prohibited.
(4)
Home occupations (expanded definition).
(5)
Craft fairs on no more than 10 days in any calendar year.
(6)
Essential services.
(7)
Municipal uses deemed necessary by the City Council, subject to the Council conducting a duly noticed public hearing (minimum 10 days) prior to taking action to permit the use.
(8)
Public parks.
(9)
Agriculture and farm animals, excluding a commercial piggery, raising poultry for commercial uses, and slaughterhouses.
(10)
Accessory uses for principal uses for which the CEO can issue a permit.
(11)
Yard sales are permitted as an accessory use to a residential use on no more than 10 days in any calendar year.
(12)
Accessory structures to uses and structures for which the CEO can issue a permit.
(13)
Solar energy systems, small-scale and medium-scale, ground-mounted and roof-mounted.
(14)
Solar energy systems, large-scale, roof-mounted.
Sec. 102-768 Permitted uses requiring Planning Board review.
[Ord. of 1-29-2008(1); Ord. of 10-16-2007; 12-18-2018; 1-7-2020; 4-7-2020]
The City Planning Board shall review and make decisions regarding applications for the following types of uses in the Route 3 Commercial District:
(1)
In Areas 1, 2 and 3 of the Route 3 Commercial District; reference Article IV, Descriptions of Districts, Section 102-281, Route 3 Commercial District, general merchandise, clothing, building supply or grocery retail uses are permitted, provided that no single retail use and no structure in which a retail use or uses are located is greater than 75,000 square feet in size. (Note: Also reference Section 102-768-A for exceptions to this provision). (1.25) In Area 4 of the Route 3 Commercial District, the area located westerly of Crocker Road, reference Article IV, Descriptions of Districts, Section 102-281, Route 3 Commercial District, a general merchandise, clothing, building supply or grocery retail use that is established on or after April 7, 2020, shall be located in a principal structure that is a maximum of 6,000 square feet in size. A use also may have an accessory structure to the principal structure that is a maximum of 2,000 square feet in size. There shall be a maximum of one structure/use on a lot based on the minimum lot size for a nonresidential use. Any such use shall comply with the supplemental performance standards identified in Section 102-774. Notwithstanding the above size limitations, the retail use (Perry's Furniture, that operated on Map 5, Lot 30, prior to April 7, 2020, may continue and may expand up to 100% of the total amount of gross floor area of all structures in which a retail use operated as of April 7, 2020. Also, the existing retail use located on Map 5, Lot 30, is not subject to the Section 102-774 supplemental performance standards.
(2)
Service businesses.
(3)
Movie theaters and performing arts centers.
(4)
In Areas 1, 2, and 3 of the Route 3 Commercial District, reference Article IV, Descriptions of Districts, Section 102-281, Route 3 Commercial District, shopping centers, including mixed use development (service, general merchandise clothing and grocery retail, building supply, restaurant, and/or office in the same complex) are a permitted use, provided that no structure in the shopping center is greater than 75,000 square feet, and provided that the gross floor area of all structures located on the property is less than 150,000 square feet. A shopping center is a prohibited use in the section of the Route 3 Commercial District located westerly of Crocker Road; reference Article IV, Descriptions of Districts, Section 102-281, Route 3 Commercial District, Area 4. (Note: Also reference Section 102-768-A.)
(5)
Hotels and motels.
(6)
Restaurants, indoor or outdoor seating, provided the use is connected to public sewer. In Area 4 of the Route 3 Commercial District, a restaurant is limited to a maximum of 75 seats, and shall comply with the supplemental performance standards identified in Section 102-774.
(7)
In Areas 1, 2 and 3 of the Route 3 Commercial District; reference Article IV, Descriptions of Districts, Section 102-281, Route 3 Commercial District, fast food restaurants are a permitted use, provided that the use is connected to public sewer. A fast food restaurant is a prohibited use in Area 4, of the Route 3 Commercial District, the area located westerly of Crocker Road.
(8)
Professional offices and offices.
(9)
Office complexes.
(10)
Funeral homes.
(11)
Health care facilities.
(12)
Veterinarians and veterinary clinics.
(13)
Kennels for boarding and/or training of pets.
(14)
Retail and wholesale distribution establishments.
(15)
Warehouses and storage facilities.
(16)
Motor vehicle, recreational vehicle, mobile home and equipment sales, repairs and services.
(18)
Light industrial uses.
(19)
Planned unit development (residential and nonresidential).
(20)
Non-municipal public and quasi-public uses.
(21)
School, day nursery, institution of an educational, religious, philanthropic, fraternal, political or social nature; including as an accessory use to a permitted activity.
(22)
Accessory structures and accessory uses for uses for which the Planning Board can issue a permit for the principal use or principal structure.
(23)
Laundromats.
(24)
Indoor recreational activities and facilities.
(25)
Outdoor recreational activities and facilities, excluding shooting ranges.
(26)
Stealth telecommunication facilities.
(27)
Boat building, boat repair, boat retrofitting and boat storage, including the on-site sale of boats and accessory equipment.
(28)
Residential, multi-family.
(29)
Medical marijuana caregiver retail stores.
(30)
Medical marijuana manufacturing facilities.
(31)
Medical marijuana testing facilities.
(32)
Solar energy systems, large-scale, ground-mounted.
Sec. 102-768-A Special uses requiring City review pursuant to contract rezoning.
[Ord. of 1-29-2008(1); 4-7-2020]
The City shall use the contract rezoning process identified in Article X, Contract Rezoning, Division 2, to review and make a decision regarding the following applications in the Route 3 Commercial District:
a.
An applicant may request that the City allow a retail use that offers general merchandise, clothing and/or groceries for sale that exceeds the maximum size limit identified in Section 102-768(1) or a shopping center that exceeds the maximum size limit identified in Section 102-768(4), for that section of the Route 3 Commercial District that is located northerly of Route 3/Belmont Avenue and between the Route One by-pass to the east and Crocker Road to the west; reference Article IV, Descriptions of Districts, Section 102-281, Route 3 Commercial District, Area 2. The City may consider an application subject to requirements of Chapter 102, Article X, Contract Rezoning, Division 2. In Area 2, the Council has the authority to allow one such retail use that exceeds the maximum size limit, or one shopping center in which no more than one of the retail uses in the center exceeds the maximum size limit on a retail use.
b.
An application for a use permit, site plan permit, subdivision permit or similar permit for any use or structure located on Map 5, Lot 23, as such property was depicted on the City Tax Assessor maps in effect on April 1, 2019, shall require review pursuant to the contract rezoning process. An application for any such permit or permits shall include a master plan (a planned unit development) prepared by the applicant that identifies how development of this entire tract of land is proposed to occur. A City decision on said master plan shall, at a minimum, identify the total amount of development permitted, the location of said development on the property, and how services and infrastructure will be constructed to serve the proposed development. Unless the application is for a use identified in Section 102-768(1) or 102-768(4), the application shall be exempt from the requirements to conduct the comprehensive economic and community impact study identified in Division 2.
Sec. 102-769 Prohibited uses.
[Ord. of 1-29-2008(1)]
Only those uses specifically listed as permitted uses requiring CEO review or permitted uses requiring Planning Board review are allowed within the Route 3 Commercial District. All other uses are prohibited.
Sec. 102-770 Applicability of shoreland zoning and floodplain regulations.
Sec. 102-771 Dimensional and density standards for residential uses and structures in the Route 3 Commercial District.
[4-7-2020[1]]
(a)
The minimum lot size and minimum frontage requirements for residential uses are as follows:
(1)
Any lot (property) that is connected to City sewer and that is used for a single-family residence, a single family residence with an accessory dwelling unit in a detached structure, or a two-family residence, shall be a minimum of 21,780 square feet (one-half acre) in size, and shall have a minimum of 150 feet of road frontage, if the lot has frontage on a road.
(2)
Any lot (property) that is not connected to City sewer and that is used for a single-family residence, a single family residence with an accessory dwelling unit in a detached structure, or a two-family residence, shall be a minimum of 21,780 square feet (one-half acre) in size and shall have a minimum of 150 feet of road frontage, if the lot has frontage on a road.
(3)
Any lot (property) that does not comply with either or both the minimum lot size and minimum frontage requirements established in Subsection (a)(1) and (2) above shall be considered a nonconforming lot of record, and may be used for a single family residence, a single family residence with an accessory dwelling unit in a detached structure, or a two-family residence, subject to the provisions of the state plumbing code for subsurface wastewater disposal (if applicable), and the provisions in this chapter, Article IX, Performance Standards, Division 6, Supplemental Performance Standards for an Accessory Dwelling Unit in a Detached Structure, regarding the minimum lot size for a nonconforming lot of record for the construction of an accessory dwelling unit to a single family residence in a detached structure (if applicable). For the purposes of determining if a lot is a conforming or non-conforming lot of record, the date of record for lot size requirements identified in Subsection (a)(1) and (2) above shall be January 24, 2001.
(4)
Any lot (property) that is connected to public sewer, regardless of when it was created, that is used for a multi-family residential use established on or after April 7, 2020, shall be a minimum of 21,780 net square feet (one-half net acre) in size, and shall have a minimum of 150 feet of road frontage, if the lot has frontage on a road. The multi-family use on the lot also shall comply with the density standard identified in Subsection (b)(1) below.
(5)
Any lot (property) that is not connected to public sewer, regardless of when it was created, that is used for a multi-family residential use established on or after April 7, 2020, shall be a minimum of 43,560 net square feet (one net acre) in size, and shall have a minimum of 150 feet of road frontage, if the lot has frontage on a road. The multi-family use on the lot also shall comply with the density standard identified in Subsection (b)(2) below.
(6)
Any lot (property) that was used for a multi-family residential use before April 7, 2020, adoption of Ordinance) that does not comply with any one or all standards identified in Subsection (a)(4) and (5) above, shall be considered a nonconforming use of record. Said nonconforming use may continue, and may expand, subject to compliance with the requirements of Article III, Nonconformance, of this chapter and all applicable performance standards identified in Article IX of this chapter.
(b)
Density standards for residential uses.
(1)
The following density standards shall apply to a lot (property) that is connected to public sewer and that is occupied the following type of residential use:
a.
Single family residence. One unit per 21,780 square feet.
b.
Two-family residence. One structure (two units) per 21,780 square feet.
c.
Single family residence with an accessory dwelling unit in a detached structure. One principal and one accessory structure per 21,780 square feet. Also reference Article IX, Division 6, Supplemental Performance Standards for an Accessory Dwelling Unit in a Detached Structure, in this chapter, regarding the lot size requirement for a nonconforming lot of record on which construction of an accessory dwelling unit to a single family residence in a detached structure is proposed.
d.
Multi-family residence. A maximum of 6 multi-family dwelling units located in one or more structures on the first 21,780 net square feet (one-half net acre) of land area, and an additional 1,500 net square feet of land area for each additional multi-family dwelling unit that is constructed. Said units must be located in a structure that has 3 or more dwelling units in the respective structure to be considered a multi-family dwelling.
(2)
The following density standards shall apply to a lot (property) that is not connected to public sewer, that uses a subsurface wastewater disposal system to manage wastewater, and that is occupied by the following type of residential use:
a.
Single family residence. One unit per 21,780 square feet.
b.
Two-family residence. One structure (2 units) per 21,780 square feet.
c.
Single family residence with an accessory dwelling unit in a detached structure. One principal and one accessory structure per 21,780 square feet. Also reference Article IX, Division 6, Supplemental Performance Standards for an Accessory Dwelling Unit in a Detached Structure, in this chapter regarding the lot size requirement for a nonconforming lot of record on which construction of an accessory dwelling unit in a detached structure is proposed.
d.
Multi-family residence. A maximum of four multi-family dwelling units located in one or more structures on the first 43,560 net square feet (one net acre) of land area, and an additional 7,500 net square feet (about one-sixth net acre) of land area for each additional multi-family dwelling unit that is constructed. Said units must be located in a structure that has 3 or more dwelling units in the respective structure to be considered a multi-family dwelling.
(3)
If a lot (property) is occupied by one or more types of residential use, the total size (area) of the lot must satisfy both the respective lot size and density standards identified in Subsection (b)(1) and (2) above for each type of residential use that is proposed. This standard, however, does not require an accompanying increase in the minimum amount of road frontage.
(4)
If a lot (property) is occupied by both a nonresidential use and one or more types of residential use, the total size (area) of the lot must satisfy the minimum lot size (area) requirement for the nonresidential use identified in Section 102-772, the respective residential lot size standards identified in Subsection (a) of this section, and the respective density standards identified in Subsection (b)(1) and (2) above for each type of residential use that is proposed. This standard, however, does not require an accompanying increase in the minimum amount of road frontage.
(5)
If a lot (property) is proposed for development as a residential planned unit development, the density standards identified in Subsection (b)(1) above may be modified in accordance with the following applicable guidelines, and the lay-out of the project shall comply with the special provisions of Article VI of this chapter. A planned unit development shall be subject to review by the Planning Board pursuant to the Subdivision Ordinance and Chapter 90, Site Plans, and shall comply with applicable performance standards identified in Article IX of this chapter.
The following maximum density standards shall apply to a residential planned unit development that is connected to public sewer for the following types of residential housing.
a.
Single family residence on public sewer. One unit per 10,000 square feet.
b.
Two-family on public sewer. Two units in one structure per 12,500 square feet.
c.
Accessory dwelling unit to a single family residence in a detached structure on public sewer. One accessory unit and one single family residence per 12,500 square feet.
d.
Multi-family residence on public sewer. No increase in density; refer to standards identified in Subsection (b)(1).
(6)
If a lot (property) is proposed for development a residential planned unit development, and the property is not connected to public sewer, the density standards identified in Subsection (b)(2) above shall apply to said development. The lay-out of the project shall comply with the special provisions of Article VI of this chapter, the project shall be subject to review by the Planning Board pursuant to the Subdivision Ordinance and Chapter 90, Site Plans, and the project shall comply with applicable performance standards identified in Article IX of this chapter.
(c)
Minimum structure setback requirements for residential structures. The following minimum setback requirements shall apply to the following types of residential structures and accessory structures to said residential structures:
(5)
All setbacks shall be measured from the property line, and the applicant shall be responsible for verifying that all setback requirements are met. The applicant, Code Enforcement Officer or Planning Board may use a MDOT or City road layout or right-of-way, a property deed, or similar information to determine the minimum amount of setback required. The Code Enforcement Officer or Planning Board, however, may require the applicant to provide a survey to identify property lines and setback requirements if either deems that a survey is necessary to verify the applicant's representations.
(d)
Structure height for residential structures. The maximum height of residential structures shall comply with the following standards:
(1)
Single family residential structure, 38 feet.
(2)
Two-family residential structure, 38 feet.
(3)
Accessory dwelling unit to a single family residence in a detached structure, 38 feet.
(4)
Multi-family residential structure, 45 feet.
(5)
Accessory structures to all of the above residential structures, 38 feet.
Sec. 102-772 Dimensional standards for nonresidential uses and structures in the Route 3 Commercial District.
[Ord. of 1-29-2008(1); 4-7-2020]
(a)
The minimum lot size requirements for a nonresidential use are as follows:
(1)
The minimum size of any lot (property) created on or after January 24, 2001, shall be 43,560 square feet (one acre). The minimum size of such a lot, however, shall be greater than one acre, if warranted, to comply with the requirements of the Article IX, Division 3 performance standards, Section 102-1182(a) and (b), of this chapter.
(2)
A lot (property) created on or before January 23, 2001, that is less than 43,560 square feet (one acre) in size shall be considered a nonconforming lot of record, and shall be considered a buildable lot, provided that the lot complies, if warranted, with the requirements of the Article IX, Division 3 performance standards, Section 102-1182(a), (b), (d) and (e) of this chapter.
(b)
Minimum lot frontage requirement for a nonresidential use.
(1)
A lot (property) that is created on or after January 24,2001, that has frontage on Route 3/Main Street/Belmont Avenue, Crocker Road, or Lincolnville Avenue, shall have a minimum of 200 feet of road frontage. The minimum amount of frontage, however, shall be greater than 200 feet, if warranted, to comply with the requirements of the Article IX, Division 3 performance standards, Section 102-1182(a) and (c) of this chapter.
(2)
A lot (property) created on or before January 23, 2001, that has frontage on Route 3/Main Street/Belmont Avenue, Crocker Road, or Lincolnville Avenue that has less than the required amount of frontage [reference Subsection (b)(1)] shall be considered a nonconforming lot of record, provided that the lot, if warranted, complies with the requirements of the Article IX, Division 3 performance standards, Section 102-1182(a), (c), (d) and (e) of this chapter.
(3)
A lot (property) that is created on or after January 24, 2001, that has frontage on any street, road or driveway other than Route 3/Main Street/Belmont Avenue, Crocker Road, or Lincolnville Avenue, shall have a minimum of 100 feet of road frontage.
(4)
A lot (property) created on or before January 23, 2001, that has frontage on any street, road or driveway other than Route 3/Main Street/Belmont Avenue, Crocker Road, or Lincolnville Avenue, that has less than the required amount of frontage [reference Subsection (b)(3)] shall be considered a nonconforming lot of record.
(c)
Minimum structure setback requirements for a nonresidential structure.
(2)
All setbacks shall be measured in accordance with the standards identified in Section 102-771(c)(5).
(d)
Structure height for a nonresidential structure. The maximum height of any nonresidential structure located within 200 feet of Route 3/Main Street/Belmont Avenue, Crocker Road, or Lincolnville Avenue shall be 45 feet. The maximum height of any structure located more than 200 feet from any of the above roads or located elsewhere in the Route 3 Commercial District shall be 60 feet.
Sec. 102-773 Nonresidential performance standards.
Sec. 102-774 Supplemental performance standards that apply to Section 102-768, Subsections (1.25) and (6) uses.
[4-7-2020]
The following supplemental performance standards shall apply to any use identified in Section 102-768, Permitted uses requiring Planning Board review, Subsections (1.25) and (6), that are located on any property located in Area 4 of the Route 3 Commercial Zoning District, except the property identified as Map 5, Lot 30. These standards shall supplement the nonresidential development standards identified in Article IX, Division 3, of this chapter for the Route 3 Commercial Zoning District.
(a)
Amount of front setback for structures.
(1)
The minimum amount of front structure setback for any newly constructed structure shall be no less than 70 feet. This setback requirement shall supersede the amount of front structure setback identified in Section 102-778(c)(1).
(2)
If an existing structure is used for a use identified in Section 102-768, Subsection (1.25) or (6), and said structure does not satisfy the setback requirement identified in Subsection (a)(1) above, no portion (excepting steps or a handicap accessible ramp) of the existing structure can be expanded into the nonconforming front setback area or to decrease the amount of front setback of the existing structure.
(b)
Amount of front bufferyard.
(1)
The minimum amount of front bufferyard shall be no less than 60 feet. This bufferyard amount shall supersede the amount of front bufferyard identified in Section 102-1302(a).
(2)
If a property with an existing building cannot satisfy the minimum front bufferyard requirement identified in Subsection (b)(1) above, the amount of the existing area that must be devoted to the front bufferyard area cannot be reduced, except for locating improvements such as but not necessarily limited to an access drive, utilities and similar improvements.
(c)
Amount of planting requirements for nonresidential uses. Plantings in the front bufferyard area shall provide effective and good quality screening, buffering and landscaping for the buildings and parking areas on the property, so that the appearance of the buildings and parking areas are effectively "broken-up." The plantings shall include trees, shrubs and other vegetation. An applicant may use berms, fencing and other methods to supplement the plantings and to assist in achieving the intent of this subsection. An applicant shall present a planting plan that clearly depicts how the proposed plantings and other measures will achieve the purposes of this subsection. This planting requirement shall supersede the planting requirement identified in Section 102-1186.
(d)
Nonresidential structural design requirements. At the time of adoption of these ordinance standards, the predominant use in the area located westerly of Crocker Road was residential housing. Existing residential structures that are converted to a retail or restaurant use shall retain their residential character, and newly constructed structures shall also reflect residential construction. These characteristics include but are not necessarily limited to: a pitched roof with a minimum 3/12 pitch, window and door openings that are residential in scale and that are located on the front facade of the building, and cladding materials appropriate to a residential structure. An applicant also may choose construction that resembles farm-house or barn construction; such as the main showroom building for Perry's Furniture. This building design requirement shall supersede the requirements identified in Section 102-1187.
(e)
Signage. A use subject to these requirements shall have a maximum of 2 signs, only one of which can be a stand-alone sign. A stand-alone sign shall not exceed 48 square feet in size, no dimension of the sign shall be greater than 10 feet in length, the top of the sign shall be located no more than 10 feet above the adjacent ground grade, and the sign shall not be internally lighted. The on-building sign shall comply with the same requirements regarding size and lighting. These sign standards shall supersede the standards identified in Chapter 86, Signs, for the Route 3 Commercial Zoning District.
Notwithstanding the above standards, an existing sign (as of April 7, 2020) for an existing nonresidential use that does not conform to the above standards, shall be exempt from these standards and shall comply with the Chapter 86 requirements for the Route 3 Commercial Zoning District, provided that the existing nonresidential use continues to operate.
Sec. 102-780 Permitted uses requiring Code Enforcement Officer review.
[Ord. No. 76-2001, 6-5-2001; 12-5-2017; 1-7-2020; 8-3-2021]
The City Code Enforcement Officer shall review and make decisions regarding applications for a use permit for the following types of uses in the Route 141 and Mill Lane Mixed Use District:
(1)
Residential, single-family dwelling. Manufactured housing units are permitted.
(2)
Residential, two-family dwelling. Manufactured housing units are permitted.
(3)
Residential, one or two bedroom accessory dwelling unit in a detached structure. Manufactured housing units are permitted. Also reference the Article IX, Division 6, supplemental performance standards in this chapter.
(4)
Home occupations (expanded definition).
(5)
Bed and breakfast, including class 1, class 2 and class 3.
(6)
Craft fairs on no more than 10 days in any calendar year.
(7)
Essential services.
(8)
Municipal uses deemed necessary by the City Council, subject to the Council conducting a duly noticed public hearing (minimum 10 days) prior to taking action to permit the use.
(9)
Public parks.
(10)
Agriculture and farm animals, excluding a commercial piggery, raising poultry for commercial uses, and slaughterhouses.
(11)
Accessory uses for principal uses for which the CEO can issue a permit.
(12)
Yard sales are permitted as an accessory use to a residential use on no more than 10 days in any calendar year.
(13)
Accessory structures to uses and structures for which the CEO can issue a permit.
(14)
Solar energy systems, small-scale and medium-scale, ground-mounted and roof-mounted.
(15)
Solar energy systems, large-scale, roof-mounted.
(16)
Fill activities that involve the removal or addition of fill that exceeds 100 cubic yards of material.
Sec. 102-780.25 Permitted uses requiring Planning Board review.
[8-3-2021]
The City Planning Board shall review and make decisions regarding applications for the following types of uses in the Route 141 and Mill Lane Commercial District:
(1)
Retail stores, provided that no single retail store (use) and no structure in which a retail store (use) or stores (uses) are located is greater than 20,000 square feet.
(2)
Service businesses.
(3)
Movie theaters and performing arts centers.
(4)
Shopping centers, including mixed use development (service, retail, restaurant, and/or office in same complex), provided that no single shopping center structure is greater than 20,000 square feet.
(5)
Hotels and motels.
(6)
Restaurants, excluding fast food restaurants and restaurants with drive-through windows.
(7)
Ice cream stands.
(8)
Professional offices and health care offices.
(9)
Office complexes.
(10)
Funeral homes.
(11)
Health care facilities.
(12)
Veterinarians and veterinary clinics.
(13)
Kennels for boarding and/or training of pets.
(14)
Warehouses and storage facilities.
(15)
Motor vehicle, recreational vehicle, mobile home and equipment sales, repairs and services.
(16)
Motor vehicle fuel and service establishments.
(17)
Light industrial uses.
(18)
Residential planned unit development and cluster housing development.
(19)
Non-municipal public and quasi-public uses.
(20)
School, day nursery, institution of an educational, religious, philanthropic, fraternal, political or social nature; including as an accessory use to a permitted activity.
(21)
Residential, multifamily housing, if the property is connected to public sewer, and if property does not have road frontage on Mill Lane as its only road frontage, or the property's only access to a City road is via Mill Lane.
(22)
Congregate retirement residential housing.
(23)
Indoor recreational activities and facilities.
(24)
Outdoor recreational activities and facilities.
(25)
Laundromats.
(26)
Retail and wholesale distribution establishments.
(27)
Nurseries, green houses, landscaping businesses, tree farms and similar operations involved with the growing and selling of plant material. This use shall include the sale of machinery, materials, plants or similar items commonly associated with landscaping activities.
(28)
Accessory structures and accessory uses for uses for which the Planning Board can issue a permit for the principal use or principal structure.
(29)
Manufactured housing communities. Such communities are permitted only in that portion of the Route 141 and Mill Lane Commercial District that is located northerly and westerly of Route 141 (Swan Lake Avenue). All proposals to establish a manufactured housing community are subject to requirements of Article VIII, Division 4, of this chapter.
(30)
Stealth telecommunication facilities.
(31)
Medical marijuana caregiver retail stores, provided that the property has road frontage on either Route One (Searsport Avenue) or Swan Lake Avenue (Route 141).
(32)
Medical marijuana manufacturing facilities.
(33)
Medical marijuana testing facilities.
(34)
Solar energy systems, large-scale, ground-mounted.
Sec. 102-780.50 Prohibited uses.
[8-3-2021]
Only those uses specifically listed as permitted uses requiring Code Enforcement Officer review or permitted uses requiring Planning Board review are allowed within the Route 141 and Mill Lane Commercial District. All other uses are prohibited.
Sec. 102-781 (Reserved) [1]
[1]
Editor's Note: Former Section 102-781, Permitted uses requiring Planning Board review, adopted 6-5-2001 by Ord. No. 76-2001, as amended 11-7-2001 by Ord. No. 19-2001; 2-7-2006 by Ord. No. 21-2006; 12-18-2018, was renumbered and readopted 8-3-2021. See now Section 780.25, Permitted uses requiring Planning Board review.
Sec. 102-782 (Reserved) [1]
[1]
Editor's Note: Former Section 102-781, Prohibited uses, adopted 6-5-2001 by Ord. No. 76-2001, was renumbered and readopted 8-3-2021. See now Section 780.50, Prohibited uses.
Sec. 102-782.2 Dimensional and density standards for residential uses and structures in the Route 141 and Mill Lane Commercial District.
[8-3-2021]
(a)
The Route 141 and Mill Commercial Zoning District was established on August 19, 2001. Any property or structure used for residential purposes that is established on or after August 19, 2001, must comply with all applicable dimensional and density standards in this section. Lots that may be nonconforming because such were created prior to August 19, 2001, and they do not comply with current requirements, shall be considered nonconforming lots of record and must satisfy all standards that apply to a nonconforming lot of record. All structures that may be nonconforming because such were constructed prior to August 19, 2001, and do not satisfy all current dimensional requirements, may continue to exist and may expand in accordance with the Article III, Nonconformance, provisions in this chapter.
(b)
Minimum lot size and minimum frontage requirements for residential uses are as follows:
(1)
Minimum lot size and lot frontage requirements for a property connected to public sewer.
Type of Use - Sewer | Lot Size | Lot Frontage |
|---|---|---|
Single family residential | 15,000 sq. ft. | 150 lineal feet |
Two-family residential | 15,000 sq. ft. | 150 lineal feet |
Single family with detached accessory dwelling unit | 15,000 sq. ft. | 150 lineal feet |
Multi-family with road frontage on Swan Lake Ave or Searsport Ave, or which uses either road for access to property | 21,780 net sq. ft. | 150 lineal feet |
Multi-family with road frontage on Mill Lane or which uses Mill Lane for main road access to property | Prohibited use after August 19, 2001. 43,560 net sq. ft. for a nonconforming use of record | 150 lineal feet for a use that is a nonconforming use of record |
(2)
Minimum lot size and lot frontage requirements for a property that uses a subsurface wastewater disposal system for managing wastewater.
Type of Use - Subsurface System | Lot Size | Lot Frontage |
|---|---|---|
Single family residential | 20,000 sq. ft. | 150 lineal feet |
Two-family residential | 30,000 sq. ft. | 150 lineal feet |
Single family with detached accessory dwelling unit | 30,000 sq. ft. | 150 lineal feet |
Multi-family with road frontage on Swan Lake Ave or Searsport Ave, or which uses either road as its main access | Prohibited use after August 19, 2001. 43,560 net sq. ft. for a nonconforming use of record | 150 lineal feet for a use that is a nonconforming use of record |
Multi-family with road frontage on Mill Lane or which uses Mill Lane for access to property | Prohibited use after August 19, 2001. 43,560 net sq. ft. for a nonconforming use of record. | 150 lineal feet for a use that is a nonconforming use of record |
(3)
If there are one or more types of residential uses on the lot (property), the total size (area) of the lot must be no less than the amount of square feet needed to satisfy the minimum lot size requirement for each of the respective uses on the lot, reference standards (b)(1) and (2) above, and the amount of use (density) on the lot must comply with the residential density standards identified in Subsections (e) or (f) of this section. The total amount of lot frontage, however, must only satisfy the minimum amount of lot frontage required for the most intensive use on the property.
(c)
Minimum structure setback requirements for residential structures.
(1)
The setback requirements identified in the following table shall apply to the following types of residential structures and accessory structures to said residential structures.
Type of Use | Front Setback | Side Setback | Rear Setback |
|---|---|---|---|
Single family | 30 ft | 15 ft | 15 ft |
Two family | 30 ft | 15 ft | 15 ft |
Single family with detached accessory dwelling unit | 30 ft | 15 ft | 15 ft |
Multi-family | 30 ft | 25 ft | 25 ft |
(2)
A residential structure that was constructed on or before August 19, 2001, that does not comply with the above structure setback requirements shall be considered a nonconforming structure of record with respect to setback requirements. Said residential structure may continue and may expand, subject to requirements of Article III, Nonconformance, of this chapter, and in the case of an accessory dwelling unit in a detached structure, compliance with the Article IX, Division 6, supplemental performance standards.
(3)
All structure setbacks shall be measured from the property line, and the applicant shall be responsible for verifying that all setback requirements are met. The applicant, Code Enforcement Officer or Planning Board may use a MDOT or City road layout or right-of-way, a property deed or similar information to determine the location of the property line and minimum amount of setback required. The Code Enforcement Officer or Planning Board, however, may require the applicant to provide a survey to identify property lines and setback requirements if either deems that a survey is necessary to verify the applicant's representations.
(d)
Structure height for residential structures. The maximum structure height for the following types of residential structures and accessory structures to said residential structures are as follows:
Type of Structure | Maximum Height |
|---|---|
Single family | 38 ft |
Two family | 38 ft |
Single family with detached accessory dwelling unit | 38 ft |
Multi-family | 45 ft |
(e)
Density standard.
(1)
The following density standards shall apply to all residential uses that are connected to public sewer in the Route 141 and Mill Lane Commercial District. These density standards are subject to modification in accordance with the planned unit development and cluster housing development requirements identified in Subsection (f) of this section.
Type of Use | Connected to Sewer |
|---|---|
Single family | One unit in one structure per 15,000 sq. ft |
Two family | Two units in one structure per 15,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 15,000 sq. ft. |
Multi-family with road frontage on Swan Lake Ave or Searsport Ave, or which uses either road as its main access | Six units per the initial 21,780 net sq. ft. and 1,500 net sq. ft. for each additional unit |
Multi-family with road frontage on Mill Lane or which uses Mill Lane for access to property | Prohibited use after August 19, 2001. 43,560 net sq. ft. for the initial 4 units for a nonconforming use of record and 10,890 net sq. ft. for each additional unit. |
(2)
The following density standards shall apply to all residential uses in the Route 141 and Mill Lane Commercial District that use a subsurface wastewater disposal system for managing wastewater. These density standards are subject to modification in accordance with the planned unit development and cluster housing development requirements identified in Subsection (f) of this section.
Type of Use | Subsurface System to Manage Wastewater |
|---|---|
Single family | One unit in one structure per 20,000 sq. ft. |
Two family | Two units in one structure per 30,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 30,000 sq. ft. |
Multi-family with road frontage on Swan Lake Ave or Searsport Ave, or which uses either road as its main access | Prohibited use after August 19, 2001. For a nonconforming use of record, 4 units per 43,560 net sq. ft., and an additional 10,890 net square feet for each additional unit. |
Multi-family with road frontage on Mill Lane or which uses Mill Lane for access to property | Prohibited use after August 19, 2001. 43,560 net sq. ft. for the initial 4 units for a nonconforming use of record and 10,890 net sq. ft. for each additional unit. |
(f)
Residential planned unit development and cluster housing development. In the case of a residential planned unit development or cluster housing development in the Route 141 and Mill Lane Commercial District, the density standards identified in Subsection (e) of this section may be modified in accordance with the special provisions of Article VI of this chapter, and the following density requirements. A residential planned unit development or cluster housing development shall be reviewed pursuant to standards in the Subdivision Ordinance, Chapter 94, and Chapter 90, Site Plans.
(1)
A residential planned unit development or cluster housing development that is connected to public sewer in the Route 141 and Mill Lane Commercial Zoning District shall comply with the following density standards.
Type of Use | Connected to Sewer |
|---|---|
Single family | One unit in one structure per 10,000 sq. ft. |
Two family | Two units in one structure per 10,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 10,000 sq. ft. |
Multi-family with road frontage on Swan Lake Ave or Searsport Ave, or which uses either road as its main access | Six units per the initial 21,780 net sq. ft. and 1,500 net sq. ft. for each additional unit |
Multi-family with road frontage on Mill Lane or which uses Mill Lane for access to property | Prohibited use after August 19, 2001. 43,560 net sq. ft. for the initial 8 units for a nonconforming use of record and 5,445 net sq. ft. for each additional unit. Notwithstanding this prohibition, a planned unit development that is connected to public sewer may include multi-family housing as a housing option provided the development complies with the above density standard. |
(2)
A residential planned unit development or cluster housing development that uses a subsurface wastewater disposal system for managing wastewater in the Route 141 and Mill Lane Commercial District shall comply with the following density standards.
Type of Use | Connected to Sewer |
|---|---|
Single family | One unit in one structure per 20,000 sq. ft. |
Two family | Two units in one structure per 20,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 20,000 sq. ft. |
Multi-family with road frontage on Swan Lake Ave or Searsport Ave, or which uses either road as its main access | Prohibited use after August 19, 2001. 43,560 net sq. ft. for the initial 4 units for a nonconforming use of record and 10,890 net sq. ft. for each additional unit. Notwithstanding this standard, a planned unit development that uses a subsurface system to manage wastewater may include multi-family housing as a housing option subject to the above density standard. |
Multi-family with road frontage on Mill Lane or which uses Mill Lane for access to property | Prohibited use after August 19, 2001. 43,560 net sq. ft. for the initial 4 units for a nonconforming use of record and 10,890 net sq. ft. for each additional unit. Notwithstanding this standard, a planned unit development that uses a subsurface system to manage wastewater may include multi-family housing as a housing option subject to the above density standard. |
Sec. 102-782.4 Dimensional standards for nonresidential uses and structures in the Route 141 and Mill Lane Mixed Use District.
[8-3-2021]
(a)
Minimum lot size and minimum frontage requirements for nonresidential uses.
(1)
Any lot created on or after August 19, 2001, that is used for a nonresidential use shall be a minimum of 43,560 square feet (one acre) in size, and the lot shall have a minimum of 150 feet of road frontage. The minimum size of such a lot, however, shall be greater than one acre, and the minimum amount of frontage, however, shall be greater than 150 feet, if warranted, to comply with the requirements of the Article IX, Division 4 performance standards, Section 102-1242(a), (b), and (c).
(2)
A lot that was created before August 19, 2001, that does not comply with the minimum lot size and minimum lot frontage requirements identified in Subsection (a)(1) above, shall be considered a nonconforming lot of record, and shall be considered a buildable lot for a nonresidential use, provided that the lot complies, if warranted, with the requirements of the Article IX, Division 4, nonresidential performance standards, Section 102-1242(a), (b), (c), (d), and (e).
(3)
If a lot (property) is occupied by a nonresidential use and 1 or more types of residential use, the size (area) of the lot, in total, must satisfy the minimum lot size (area) requirement identified for the nonresidential use identified in Subsection (a)(1) or (2) above, and the respective residential lot size standards identified in Section 102-782.2(b), and the respective density standards identified in Section 102-782.2(e) or (f), for each type of residential use that is proposed.
(b)
Minimum structure setback requirements for nonresidential structures.
(1)
The minimum front, side and rear structure setback requirements for a nonresidential structure are identified in the following Article IX, Division 4, performance standards: Section 102-1243, minimum front setback requirements for nonresidential structures; Section 102-1244, minimum side setback requirements for nonresidential structures; and Section 102-1245, minimum rear setback requirements for nonresidential structures.
(2)
The measurement for the minimum amount of setback for a nonresidential structure shall be determined by the method for residential structures identified in Section 102-782.2(c)(3).
(c)
Maximum structure height for a nonresidential structure. The maximum height of a nonresidential structure shall be 45 feet, and an accessory structure to a nonresidential structure shall be 38 feet. This height requirement does not apply to the following specific uses: a telecommunication facility (subject to Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 5, Telecommunications Facilities), a water standpipe storage tank, a utility pole, and a storage silo for an agricultural use. This height requirement similarly does not apply to structures that may be exempt from the measurement of height pursuant to the City definition for height of a structure.
Sec. 102-782.6 Performance standards.
[8-3-2021]
(b)
Performance standards for nonresidential uses. All nonresidential uses in the Route 141 and Mill Lane Mixed Use District shall comply with the Article IX, Division 4, nonresidential development performance standards, applicable requirements of the Chapter 98, Technical Standards, and if the project qualifies as a site plan, the requirements of Chapter 90.
Sec. 102-783 (Reserved) [1]
[1]
Editor's Note: Former Section 102-783, Applicability of shoreland zoning and floodplain regulations, adopted 6-5-2001 by Ord. No. 76-2001, was repealed 8-3-2021.
Sec. 102-784 (Reserved) [1]
[1]
Editor's Note: Former Section 102-784, Dimensional and density standards, adopted 6-5-2001 by Ord. No. 76-2001, was repealed 8-3-2021.
Sec. 102-785 (Reserved) [1]
[1]
Editor's Note: Former Section 102-785, Performance standards, adopted 6-5-2001 by Ord. No. 76-2001, was renumbered and readopted 8-3-2021. See now Section 782.6, Performance standards.
Sec. 102-786 Permitted uses requiring Code Enforcement Officer review.
[Ord. No. 77-2001, 6-5-2001; Ord. of 8-18-2009(1); 12-5-2017; 8-3-2021]
The City Code Enforcement Officer shall review and make decisions regarding applications for a use permit for the following types of uses in the Route 137 Commercial District:
(1)
Residential, single-family dwelling. Manufactured housing units are prohibited in that portion of the district that is located southeasterly of Merriam Drive.
(2)
Residential, two-family dwelling. Manufactured housing units are prohibited in that portion of the district that is located southeasterly of Merriam Drive.
(3)
Residential, one or two bedroom accessory dwelling unit in a detached structure. Manufactured housing units are prohibited in the portion of the district that is located southeasterly of Merriam Drive, and are allowed in the portion of the district that is located northwesterly of Merriam Drive. Also reference the Article IX, Division 6, supplemental performance standards in this chapter.
(4)
Home occupations (expanded definition).
(5)
Bed and breakfast, including class 1, class 2 and class 3.
(6)
Craft fairs on no more than 10 days in any calendar year.
(7)
Essential services.
(8)
Municipal uses deemed necessary by the City Council, subject to the Council conducting a duly noticed public hearing (minimum 10 days) prior to taking action to permit the use.
(9)
Public parks.
(10)
Agriculture and farm animals, excluding a commercial piggery, raising poultry for commercial uses, and slaughterhouses.
(11)
Accessory uses for principal uses for which the CEO can issue a permit.
(12)
Yard sales are permitted as an accessory use to a residential use on no more than 10 days in any calendar year.
(13)
Accessory structures to uses and structures for which the CEO can issue a permit.
(14)
Solar energy systems, small-scale and medium-scale, ground-mounted and roof-mounted.
(15)
Solar energy systems, large-scale, roof-mounted.
(16)
Fill activities that involve the removal or addition of fill that exceeds 100 cubic yards of material.
Sec. 102-786.25 Permitted uses requiring Planning Board review.
[8-3-2021]
The City Planning Board shall review and make decisions regarding applications for the following types of uses in the Route 137 Commercial District:
(1)
Retail stores, provided that no single retail store (use) and no structure in which a retail store (use) or stores (uses) are located is greater than 20,000 square feet in size.
(2)
Service businesses.
(3)
Movie theaters and performing arts centers.
(4)
Shopping centers, including mixed use development (service, retail, restaurant, and/or office in same complex), provided that no single shopping center structure is greater than 20,000 square feet in size.
(5)
Hotels and motels.
(6)
Restaurants, excluding fast food restaurants and restaurants with drive-through windows.
(7)
Ice cream stands.
(8)
Professional offices and health care offices.
(9)
Office complexes.
(10)
Funeral homes.
(11)
Health care facilities.
(12)
Veterinarians and veterinary clinics.
(13)
Kennels for boarding and/or training of pets.
(14)
Warehouses and storage facilities.
(15)
Motor vehicle, recreational vehicle, mobile home and equipment sales, repairs and services.
(16)
Motor vehicle fuel and service establishments.
(17)
Light industrial uses.
(18)
Residential planned unit development and cluster housing development.
(19)
Non-municipal public and quasi-public uses.
(20)
School, day nursery, institution of an educational, religious, philanthropic, fraternal, political or social nature; including as an accessory use to a permitted activity.
(21)
Multifamily housing. Also reference the Article IX, Division 7, supplemental performance standards for multi-family dwelling units and structures.
(22)
Congregate retirement residential housing.
(23)
Indoor recreational activities and facilities.
(24)
Laundromats.
(25)
Nurseries, green houses, landscaping businesses, tree farms and similar operations involved with the growing and selling of plant material. This use shall include the sale of machinery, materials, plants or similar items commonly associated with landscaping activities.
(26)
Accessory structures and accessory uses for uses for which the Planning Board can issue a permit for the principal use or principal structure.
(27)
Stealth telecommunication facilities.
(28)
Medical marijuana caregiver retail stores, provided that the property is located southerly of Merriam Drive on the westerly side of Route 137 (Waldo Avenue) and a line parallel to Merriam Drive on the easterly side of Route 137.
(29)
Medical marijuana manufacturing facilities.
(30)
Medical marijuana testing facilities.
(31)
Solar energy systems, large-scale, ground-mounted.
Sec. 102-786.5 Prohibited uses.
[8-3-2021]
Only those uses specifically listed as permitted uses requiring Code Enforcement Officer review, Section 102-786, or permitted uses requiring Planning Board review, Section 102-786.25, are allowed within the Route 137 Commercial District. All other uses are prohibited.
Sec. 102-787 (Reserved) [1]
[1]
Editor's Note: Former Section 102-787, Permitted uses requiring Planning Board review, adopted 6-5-2001 by Ord. No. 77-2001, as amended 2-7-2006 by Ord. No. 21-2006; 12-18-2018, was renumbered and readopted 8-3-2021. See now Section 102-786.25, Permitted uses requiring Planning Board review.
Sec. 102-787.25 Dimensional and density standards for residential uses and structures in the Route 137 Commercial Zoning District.
[8-3-2021]
(a)
The Route 137 Commercial zoning District was established on August 19, 2001. Any property or structure established on or after August 19, 2001, must comply with all applicable dimensional and density standards in this section. Lots that may be nonconforming because such were created prior to August 19, 2001, and do not satisfy applicable dimensional requirements, shall be considered nonconforming lots of record, and must satisfy all standards that apply to a nonconforming lot of record. All structures that may be nonconforming because such were constructed prior to August 19, 2001, and do not satisfy all dimensional requirements, may continue to exist, and may expand in accordance with the Article III, Nonconformance, provisions in this chapter.
(b)
The minimum lot size and minimum lot frontage requirements for residential uses shall comply with the following standards.
(1)
Minimum lot size and lot frontage requirements for a property connected to public sewer.
Type of Use on Sewer | Lot Size | Lot Frontage |
|---|---|---|
Single family residential | 15,000 sq. ft. | 150 lineal feet |
Two-family residential | 15,000 sq. ft. | 150 lineal feet |
Single family with detached accessory dwelling unit | 15,000 sq. ft. | 150 lineal feet |
Multi-family residential | 21,780 net sq. ft. | 150 lineal feet |
(2)
Minimum lot size and lot frontage requirements for a property that uses a subsurface wastewater disposal system for managing wastewater.
Type of Use - Subsurface System | Lot Size | Lot Frontage |
|---|---|---|
Single family residential | 20,000 sq. ft. | 150 lineal feet |
Two-family residential | 30,000 sq. ft. | 150 lineal feet |
Single family with detached accessory dwelling unit | 30,000 sq. ft. | 150 lineal feet |
Multi-family residential | 43,560 net sq. ft. | 150 lineal feet |
(3)
If there are one or more types of residential uses on the lot (property), the total size (area) of the lot must be no less than the amount of square feet needed to satisfy the minimum lot size requirement for each of the respective uses on the lot, reference standards (b)(1) and (2) above, and the amount of use (density) on the lot must comply with the residential density standards identified in Subsection (e) or (f) of this section. The total amount of lot frontage, however, only needs to satisfy the minimum amount of lot frontage required for the most intensive use on the property.
(c)
Structure setback requirements for residential structures.
(1)
The minimum setback requirements for following types of residential structures and accessory structures to said residential structures shall comply with the standards in the following table.
Type of Use | Front Setback | Side Setback | Rear Setback |
|---|---|---|---|
Single family | 30 ft | 15 ft | 15 ft |
Two family | 30 ft | 15 ft | 15 ft |
Single family with detached accessory dwelling unit | 30 ft | 15 ft | 15 ft |
Multi-family | 30 ft | 25 ft | 25 ft |
(2)
A residential structure that was constructed on or before August 19, 2001, that does not comply with the above structure setback requirements shall be considered a nonconforming structure of record with respect to setback requirements. Said residential structure may continue and may expand, subject to requirements of Article III, Nonconformance, of this chapter, and in the case of an accessory dwelling unit in a detached structure, compliance with the Article IX, Division 6, supplemental performance standards.
(3)
All structure setbacks shall be measured from the property lines, and the applicant shall be responsible for verifying that all setback requirements are met. The applicant, Code Enforcement Officer or Planning Board may use a MDOT or City road layout or right-of-way, a property deed or similar information to assist in determining the location of the property lines and minimum amount of setback required. The Code Enforcement Officer or Planning Board, however, may require the applicant to provide a survey to identify property lines and setback requirements if either deems that a survey is necessary to verify the applicant's representations.
(d)
Structure height for residential structures. The maximum structure height for the following types of residential structures and accessory structures to said residential structures shall comply with the standards in the following table.
Type of Structure | Maximum Height |
|---|---|
Single family | 38 ft |
Two family | 38 ft |
Single family with detached accessory dwelling unit | 38 ft |
Multi-family | 45 ft |
(e)
Density standard.
(1)
The following density standards shall apply to all residential uses in the Route 137 Commercial District that are connected to public sewer. These density standards are subject to modification in accordance with the planned unit development and cluster housing development requirements identified in Subsection (f) below.
Type of Use | Connected to Sewer |
|---|---|
Single family | One unit in one structure per 15,000 sq. ft. |
Two family | Two units in one structure per 15,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 15,000 sq. ft. |
Multi-family | Six units per 21,780 net square feet and an additional 1,500 net square feet for each additional unit |
(2)
The following density standards shall apply to all residential uses in the Route 137 Commercial District that use a subsurface wastewater disposal system for managing wastewater. These density standards are subject to modification in accordance with the planned unit development and cluster housing development requirements identified in Subsection (f) below.
Type of Use | Subsurface System for Wastewater |
|---|---|
Single family | One unit in one structure per 20,000 sq. ft. |
Two family | Two units in one structure per 30,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 30,000 sq. ft. |
Multi-family | Four units per 43,560 net square feet and an additional 10,890 net square feet for each additional unit |
(f)
Residential planned unit development and cluster housing development. In the case of a residential planned unit development or cluster housing development, the density standards identified in Subsection (e) above may be modified in accordance with the special provisions of Article VI of this chapter, and the following density requirements. A residential planned unit development or cluster housing development shall be subject to review pursuant to requirements of the Subdivision Ordinance, Chapter 94, and Chapter 90, Site Plans.
(1)
A residential planned unit development or cluster housing development that is connected to public sewer in the Route 137 Commercial District shall comply with the following density standards.
Type of Use | Connected to Sewer |
|---|---|
Single family | One unit in one structure per 10,000 sq. ft. |
Two family | Two units in one structure per 10,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 10,000 sq. ft. |
Multi-family | Six units per 21,780 net square feet and an additional 1,500 net square feet for each additional unit |
(2)
A residential planned unit development or cluster housing development that uses a subsurface wastewater disposal system for managing wastewater in the Route 137 Commercial District shall comply with the following density standards.
Type of Use | Subsurface System for Wastewater |
|---|---|
Single family | One unit in one structure per 20,000 sq. ft. |
Two family | Two units in one structure per 20,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 20,000 sq. ft. |
Multi-family | Four units per 43,560 net square feet and an additional 7,500 net square feet for each additional unit |
Sec. 102-788 (Reserved) [1]
Sec. 102-788.25 Dimensional standards for nonresidential uses and structures in the Route 137 Commercial District.
[8-3-2021]
(a)
Minimum lot size and minimum frontage requirements for nonresidential uses.
(1)
Any lot created on or after August 19, 2001, that is used for a nonresidential use shall be a minimum of 43,560 square feet (one acre) in size, and the lot shall have a minimum of 150 feet of road frontage, if the lot has frontage on a road. The minimum size of such a lot, however, shall be greater than one acre, and the minimum amount of frontage, however, shall be greater than 150 feet, if warranted, to comply with the requirements of the Article IX, Division 4, nonresidential performance standards, reference Section 102-1242(a), (b), and (c).
(2)
A lot that was created before August 19, 2001, that does not comply with the minimum lot size and minimum lot frontage (if the lot has road frontage) requirements identified in Subsection (a)(1) above, shall be considered a nonconforming lot of record, and shall be considered a buildable lot for a nonresidential use, provided that the lot complies, if warranted, with the requirements of the Article IX, Division 4, nonresidential performance standards, Section 102-1242(a), (b), (c), (d), and (e).
(3)
If a lot (property) is occupied by a nonresidential use and one or more types of residential use, the size (area) of the lot, in total, must satisfy the minimum lot size (area) requirement identified for the nonresidential use identified in Subsection (a)(1) or (2) above, the respective residential lot size standards identified in Section 102-787.25(b), and the respective residential density standards identified in Section 102-787.25(e) or (f), for each type of residential use that is located on the property.
(b)
Minimum structure setback requirements for nonresidential structures.
(1)
The minimum front, side and rear setback requirements for a nonresidential structure are identified in the following Article IX, Division 4, nonresidential performance standards: Section 102-1243, minimum front setback requirements for nonresidential structures; Section 102-1244, minimum side setback requirements for nonresidential structures; and Section 102-1245, minimum rear setback requirements for nonresidential structures.
(2)
The minimum amount of setback for a nonresidential structure shall be determined by the method for residential structures identified in Section 102-787.25(c)(3).
(c)
Maximum structure height for a nonresidential structure. The maximum height of a nonresidential structure shall be 45 feet, and an accessory structure to a nonresidential structure shall be 38 feet. This height requirement does not apply to the following specific uses: a telecommunication facility (subject to Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 5, Telecommunications Facilities), a water standpipe storage tank, a utility pole, and a storage silo for an agricultural use. This height requirement similarly does not apply to structures that may be exempt from the measurement of height pursuant to the City definition for height of a structure.
Sec. 102-789 (Reserved) [1]
[1]
Editor's Note: Former Section 102-789, Applicability of shoreland zoning and floodplain regulations, adopted 6-5-2001 by Ord. No. 77-2001, was repealed 8-3-2021.
Sec. 102-789.25 Performance standards.
[8-3-2021]
(b)
Performance standards for nonresidential uses. All nonresidential uses proposed in the Route 137 Commercial District shall comply with the Article IX, Division 4 nonresidential development performance standards, applicable requirements of the Chapter 98, Technical Standards, and if the project qualifies as a site plan, the requirements of Chapter 90.
Sec. 102-790 (Reserved) [1]
[1]
Editor's Note: Former Section 102-790, Dimensional and density standards, adopted 6-5-2001 by Ord. No. 77-2001, was repealed 8-3-2021.
Sec. 102-791 (Reserved) [1]
[1]
Editor's Note: Former Section 102-791, Performance standards, adopted 6-5-2001 by Ord. No. 77-2001, was renumbered and readopted 8-3-2021. See now Section 102-789.25, Performance standards.
Sec. 102-791.25 Permitted uses requiring Code Enforcement Officer review.
[8-3-2021]
The City Code Enforcement Officer shall review and make decisions regarding applications for a use permit for the following types of uses in the Route One South Commercial District:
(1)
Residential, single-family dwelling. Manufactured housing units are prohibited.
(2)
Residential, two-family dwelling. Manufactured housing units are prohibited.
(3)
Residential, one or two bedroom accessory dwelling unit in a detached structure. Manufactured housing units are prohibited. Also reference the Article IX, Division 6, supplemental performance standards in this chapter.
(4)
Home occupations (expanded definition).
(5)
Bed and breakfast, including class 1, class 2 and class 3.
(6)
Craft fairs on no more than 10 days in any calendar year.
(7)
Essential services.
(8)
Municipal uses deemed necessary by the City Council, subject to the Council conducting a duly noticed public hearing (minimum 10 days) prior to taking action to permit the use.
(9)
Public parks.
(10)
Agriculture and farm animals, excluding a commercial piggery, raising poultry for commercial uses, and slaughterhouses.
(11)
Accessory uses for principal uses for which the CEO can issue a permit.
(12)
Yard sales are permitted as an accessory use to a residential use on no more than 10 days in any calendar year.
(13)
Accessory structures to uses and structures for which the CEO can issue a permit.
(14)
Solar energy systems, small-scale and medium-scale, ground-mounted and roof-mounted.
(15)
Solar energy systems, large-scale, roof-mounted.
(16)
Fill activities that involve the removal or addition of fill that exceeds 100 cubic yards of material.
Sec. 102-791.50 Permitted uses requiring Planning Board review.
[8-3-2021]
The City Planning Board shall review and make decisions regarding applications for the following types of uses in the Route One South Commercial District:
(1)
Retail stores, provided that no single retail store (use) and no structure in which a retail store (use) or stores (uses) are located is greater than 20,000 square feet. Reference Section 102-794.25(c) regarding the amount of structure expansion allowed for the existing retail stores located at Map 30, Lot 37A.
(2)
Service businesses.
(3)
Movie theaters and performing arts centers.
(4)
Shopping centers, including mixed use development (service, retail, restaurant, and/or office in same complex), provided that no single shopping center structure is greater than 20,000 square feet.
(5)
Hotels and motels.
(6)
Restaurants, excluding fast food restaurants and restaurants with drive-through windows.
(7)
Ice cream stands.
(8)
Professional offices and health care offices.
(9)
Office complexes.
(10)
Funeral homes.
(11)
Health care facilities.
(12)
Veterinarians and veterinary clinics.
(13)
Kennels for boarding and/or training of pets.
(14)
Warehouses and storage facilities.
(15)
Motor vehicle, recreational vehicle, mobile home and equipment sales, repairs and services.
(16)
Motor vehicle fuel and service establishments.
(17)
Light industrial uses.
(18)
Residential planned unit development and cluster housing development.
(19)
Non-municipal public and quasi-public uses.
(20)
School, day nursery, institution of an educational, religious, philanthropic, fraternal, political or social nature; including as an accessory use to a permitted activity.
(21)
Residential, multi-family housing, if connected to public sewer.
(22)
Congregate retirement housing.
(23)
Laundromats.
(24)
Retail and wholesale distribution establishments.
(25)
Indoor recreational activities and facilities.
(26)
Nurseries, green houses, landscaping businesses, tree farms and similar operations involved with the growing and selling of plant material. This use shall include the sale of machinery, materials, plants or similar items commonly associated with landscaping activities.
(27)
Accessory structures and accessory uses for uses for which the Planning Board can issue a permit for the principal use or principal structure.
(28)
Stealth telecommunications facilities.
(29)
Boat building, boat repair, boat retrofitting, and boat storage, including the on-site sale of boats and accessory equipment.
(30)
Medical marijuana caregiver retail stores.
(31)
Medical marijuana manufacturing facilities.
(32)
Medical marijuana testing facilities.
(33)
Solar energy systems, large-scale, ground-mounted.
Sec. 102-791.75 Prohibited uses.
[8-3-2021]
Only those uses specifically listed as permitted uses requiring Code Enforcement Officer review, Section 102-791.25, or permitted uses requiring Planning Board review, Section 102-791.50, are allowed within the Route One South Commercial District. All other uses are prohibited.
Sec. 102-792 (Reserved) [1]
[1]
Editor's Note: Former Section 102-792, Permitted uses requiring CEO review, adopted 6-7-2001 by Ord. No. 81-2001, as amended 12-5-2017, was renumbered and readopted 8-3-2021. See now Section 102-791.25, Permitted uses requiring Code Enforcement Officer review.
Sec. 102-792.25 Dimensional and density standards for residential uses in the Route One South Commercial District.
[8-3-2021]
(a)
The Route One South Commercial Zoning District was established on August 19, 2001. Any property or structure established on or after August 19, 2001, must comply with all applicable dimensional and density standards in this section. Lots that may be nonconforming because such were created prior to August 19, 2001, and do not satisfy applicable dimensional requirements, shall be considered nonconforming lots of record, and must satisfy all standards that apply to a nonconforming lot of record. All structures that may be nonconforming because such were constructed prior to August 19, 2001, and do not satisfy all dimensional requirements, may continue to exist, and may expand in accordance with the Article III, Nonconformance, provisions in this chapter.
(b)
The minimum lot size and minimum frontage requirements for residential uses shall comply with the following standards:
(1)
Minimum lot size and lot frontage requirements for a property connected to public sewer.
Type of Use on Sewer | Lot Size | Lot Frontage |
|---|---|---|
Single family residential | 15,000 sq. ft. | 150 lineal feet |
Two-family residential | 15,000 sq. ft. | 150 lineal feet |
Single family with detached accessory dwelling unit | 15,000 sq. ft. | 150 lineal feet |
Multi-family residential | 21,780 net sq. ft. | 150 lineal feet |
(2)
Minimum lot size and lot frontage requirements for a property that uses a subsurface wastewater disposal system for managing wastewater.
Type of Use - Subsurface System | Lot Size | Lot Frontage |
|---|---|---|
Single family residential | 20,000 sq. ft. | 150 lineal feet |
Two-family residential | 30,000 sq. ft. | 150 lineal feet |
Single family with detached accessory dwelling unit | 30,000 sq. ft. | 150 lineal feet |
Multi-family residential | Prohibited use. 43,560 net sq. ft. for a nonconforming use of record. | Prohibited use. 150 lineal feet for a nonconforming use of record. |
(3)
If there are one or more types of residential uses on the lot (property), the total size (area) of the lot must be no less than the amount of square feet needed to satisfy the minimum lot size requirement for each of the respective uses on the lot, reference standards (b)(1) and (2) above, and the amount of use (density) on the lot must comply with the residential density standards identified in Subsection (e) or (f) of this section. The total amount of lot frontage, however, only needs to satisfy the minimum amount of lot frontage required for the most intensive use on the property.
(c)
Minimum structure setback requirements for residential structures.
(1)
The setback requirements identified in the following table shall apply to the following types of residential structures and accessory structures to said residential structures.
Type of Use | Front Setback | Side Setback | Rear Setback |
|---|---|---|---|
Single family | 30 ft | 15 ft | 15 ft |
Two family | 30 ft | 15 ft | 15 ft |
Single family with detached accessory dwelling unit | 30 ft | 15 ft | 15 ft |
Multi-family | 30 ft | 25 ft | 25 ft |
(2)
A residential structure that was constructed on or before August 19, 2001, that does not comply with the above structure setback requirements shall be considered a nonconforming structure of record with respect to setbacks. Said residential structure may continue and may expand, subject to requirements of Article III, Nonconformance, of this chapter, and in the case of an accessory dwelling unit in a detached structure, compliance with the Article IX, Division 6, supplemental performance standards.
(3)
All structure setbacks shall be measured from the property lines, and the applicant shall be responsible for verifying that all setback requirements are met. The applicant, Code Enforcement Officer or Planning Board may use a MDOT or City road layout or right-of-way, a property deed or similar information to assist in determining the location of the property lines and minimum amount of setback required. The Code Enforcement Officer or Planning Board, however, may require the applicant to provide a survey to identify property lines and setback requirements if either deems that a survey is necessary to verify the applicant's representations.
(d)
Structure height for residential structures. The maximum structure height for the following types of residential structures and accessory structures to said residential structures are as follows:
Type of Structure | Maximum Height |
|---|---|
Single family | 38 ft |
Two family | 38 ft |
Single family with detached accessory dwelling unit | 38 ft |
Multi-family | 45 ft |
(e)
Density standard.
(1)
The following density standards shall apply to all residential uses that are connected to public sewer in the Route One South Commercial District. These density standards are subject to modification in accordance with the planned unit development and cluster housing development requirements identified in Subsection (f) of this section.
Type of Use | Connected to Sewer |
|---|---|
Single family | One unit in one structure per 15,000 sq. ft. |
Two family | Two units in one structure per 15,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 15,000 sq. ft. |
Multi-family | Six units per 21,780 net square feet and an additional 1,500 net square feet for each additional unit |
(2)
The following density standards shall apply to all residential uses in the Route One South Commercial District that use a subsurface wastewater disposal system for managing wastewater. These density standards are subject to modification in accordance with the planned unit development and cluster housing development requirements identified in Subsection (f) of this section.
Type of Use | Subsurface System for Wastewater |
|---|---|
Single family | One unit in one structure per 20,000 sq. ft. |
Two family | Two units in one structure per 30,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 30,000 sq. ft. |
Multi-family | Prohibited use. For a nonconforming use of record, 4 units per 43,560 net square feet and an additional 10,890 net square feet for each additional unit. |
(f)
Residential planned unit development and cluster housing development. In the case of a residential planned unit development or cluster housing development, the density standards identified in Subsection (e) of this section, may be modified in accordance with the special provisions of Article VI of this chapter, and the following density requirements. A residential planned unit development or cluster housing development shall be reviewed pursuant to standards in the Subdivision Ordinance, Chapter 94, and Chapter 90, Site Plans.
(1)
A residential planned unit development or cluster housing development that is connected to public sewer in the Route One South Commercial Zoning District shall comply with the following density standards.
Type of Use | Connected to Sewer |
|---|---|
Single family | One unit in one structure per 10,000 sq. ft. |
Two family | Two units in one structure per 10,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 10,000 sq. ft. |
Multi-family | Six units per 21,780 net square feet and an additional 1,500 net square feet for each additional unit |
(2)
A residential planned unit development or cluster housing development that uses a subsurface wastewater disposal system for managing wastewater in the Route One South Commercial District shall comply with the following density standards.
Type of Use | Subsurface System for Wastewater |
|---|---|
Single family | One unit in one structure per 20,000 sq. ft. |
Two family | Two units in one structure per 20,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 20,000 sq. ft. |
Multi-family | Multi-family is a prohibited use; however, a planned unit development may include multi-family as a housing option, subject to the above density standards for two-family uses |
Sec. 102-793 (Reserved) [1]
[1]
Editor's Note: Former Section 102-793, Permitted uses requiring Planning Board review, adopted 6-7-2001 by Ord. No. 81-2001, as amended 2-7-2006 by Ord. No. 21-2006; 12-18-2018, was renumbered and readopted 8-3-2021. See now Section 102-791.50, Permitted uses requiring Planning Board review.
Sec. 102-793.25 Dimensional standards for nonresidential uses and structures in the Route One South Commercial District.
[8-3-2021]
(a)
Minimum lot size and minimum frontage requirements for nonresidential uses.
(1)
Any lot created on or after August 19, 2001, that is used for a nonresidential use shall be a minimum of 43,560 square feet (one acre) in size, and the lot shall have a minimum of 150 feet of road frontage, if the lot has frontage on a road. The minimum size of such a lot, however, shall be greater than one acre, and the minimum amount of frontage, however, shall be greater than 150 feet, if warranted, to comply with the requirements of the Article IX, Division 4, nonresidential performance standards, Section 102-1242 (a), (b), and (c).
(2)
A lot that was created before August 19, 2001, that does not comply with the minimum lot size and minimum lot frontage (if the lot has road frontage) requirements identified in Subsection (a)(1) above, shall be considered a nonconforming lot of record, and shall be considered a buildable lot for a nonresidential use, provided that the lot complies, if warranted, with the requirements of the Article IX, Division 4, nonresidential performance standards, Section 102-1242 (a), (b), (c), (d), and (e).
(3)
If a lot (property) is occupied by a nonresidential use and one or more types of residential use, the size (area) of the lot, in total, must satisfy the minimum lot size (area) requirement identified for the nonresidential use identified in Subsection (a)(1) or (2) cited above, the respective residential lot size standards identified in Section 102-792.25(b), and the respective density standards identified in Section 102-792.25(e) or (f), for each type of residential use that is located on the property.
(b)
Minimum structure setback requirements for nonresidential structures.
(1)
The minimum front, side and rear structure setback requirements for a nonresidential structure are identified in the following Article IX, Division 4, performance standards: Section 102-1243, minimum front setback requirements for nonresidential structures; Section 102-1244, minimum side setback requirements for nonresidential structures; and Section 102-1245, minimum rear setback requirements for nonresidential structures.
(2)
The measurement for the minimum amount of setback for a nonresidential structure shall be determined by the method for residential structures identified in Section 102-792.25(b)(3).
(c)
Maximum structure height for a nonresidential structure. The maximum height of a nonresidential structure shall be 45 feet, and an accessory structure to a nonresidential structure shall be 38 feet. This height requirement does not apply to the following specific uses: a telecommunication facility (subject to Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 5, Telecommunications Facilities), a water standpipe storage tank, a utility pole, and a storage silo for an agricultural use. This height requirement similarly does not apply to structures that may be exempt from the measurement of height pursuant to the City definition for height of a structure.
Sec. 102-794 (Reserved) [1]
[1]
Editor's Note: Former Section 102-794, Prohibited uses, adopted 6-7-2001 by Ord. No. 81-2001, was renumbered and readopted 8-3-2021. See now Section 102-791.75, Prohibited uses.
Sec. 102-794.25 Performance standards.
[8-3-2021]
(b)
Performance standards for nonresidential uses. All nonresidential uses proposed in the Route One South Commercial District shall comply with the Article IX, Division 4, nonresidential development performance standards, applicable requirements of the Chapter 98, Technical Standards, and if the project qualifies as a site plan, the requirements of Chapter 90.
(c)
Expansion of a retail use or structure that is greater than 20,000 square feet in size. Notwithstanding the provisions of Section 102-1277 in the Article IX, Division 4, nonresidential performance standards entitled "Nonconforming size of use or size of structure," and pursuant to the enabling provisions in Section 102-791.50, the total amount of square feet allowed for all structures located on Map 30, Lot 37A, shall be 40,000 square feet. In enacting this provision, the City found that the existing retail use located at Map 30, Lot 37A, was created before the City established the 20,000 square feet size cap on retail uses, and that the total size of all structure(s) located on this property on August 19, 2001, exceeded 20,000 square feet. The City determined that it was appropriate to allow a greater expansion of the structures located on this property than would be permitted pursuant to the provisions of Section 102-1277.
Sec. 102-795 (Reserved) [1]
[1]
Editor's Note: Former Section 102-795, Applicability of shoreland zoning and floodplain regulations, adopted 6-7-2001 by Ord. No. 81-2001, was repealed 8-3-2021.
Sec. 102-796 (Reserved) [1]
[1]
Editor's Note: Former Section 102-796, Dimensional and density standards, adopted 6-7-2001 by Ord. No. 81-2001, was repealed 8-3-2021.
Sec. 102-797 (Reserved) [1]
[1]
Editor's Note: Former Section 102-797, Performance standards, adopted 6-7-2001 by Ord. No. 81-2001, was renumbered and readopted 8-3-2021. See now Section 102-794.25, Performance standards.
Sec. 102-798 Permitted uses requiring Code Enforcement Officer review.
[Ord. No. 75-2001, 6-5-2001; 12-5-2017; 8-3-2021]
The City Code Enforcement Officer shall review and make decisions regarding applications for a use permit for the following types of uses in the Searsport Avenue Commercial District:
(1)
Residential, single-family dwelling. Manufactured housing units are a permitted use.
(2)
Residential, two-family dwelling. Manufactured housing units are a permitted use.
(3)
Residential, one or two bedroom accessory dwelling unit in a detached structure. Manufactured housing units are a permitted use. Also reference the Article IX, Division 6, supplemental performance standards in this chapter.
(4)
Home occupations (expanded definition).
(5)
Bed and breakfast, including class 1, class 2 and class 3.
(6)
Craft fairs on no more than 10 days in any calendar year.
(7)
Essential services.
(8)
Municipal uses deemed necessary by the City Council, subject to the Council conducting a duly noticed public hearing (minimum 10 days) prior to taking action to permit the use.
(9)
Public parks.
(10)
Agriculture and farm animals, excluding a commercial piggery, raising poultry for commercial uses, and slaughterhouses.
(11)
Accessory uses for principal uses for which the CEO can issue a permit.
(12)
Accessory structures to uses and structures for which the CEO can issue a permit.
(13)
Yard sales are permitted as an accessory use to a residential use on no more than 10 days in any calendar year.
(14)
Solar energy systems, small-scale and medium-scale, ground-mounted and roof-mounted.
(15)
Solar energy systems, large-scale, roof-mounted.
(16)
Fill activities that involve the removal or addition of fill that exceeds 100 cubic yards of material.
Sec. 102-798.25 Permitted uses requiring Planning Board review.
[8-3-2021]
The City Planning Board shall review and make decisions regarding applications for the following types of uses in the Searsport Avenue Commercial District:
(1)
Retail stores, provided that no single retail store (use) and no structure in which a retail store (use) or stores (uses) are located is greater than 40,000 square feet.
(2)
Retail stores, both a single retail store (use) and a structure in which a retail store (use) or stores are located, that are greater than 40,000 square feet in size, but less than 75,000 square feet in size are permitted, subject to requirements of the floating zone, Section 102-1382, and the contract rezoning process, Section 102-1383 et seq. The maximum size retail store or structure that is permitted through this procedure is 75,000 square feet.
(3)
Shopping centers, including mixed use development (service, retail, restaurant, and/or office in same complex), provided that no single shopping center structure in which a retail store is located is greater than 40,000 square feet.
(4)
Shopping centers, including mixed use development (service, retail, restaurant, and/or office in same complex), provided that no single shopping center structure in which a retail store is located is greater than 40,000 square feet, but less than 75,000 square feet in size are permitted, subject to the floating zone, Section 102-1382, and the contract rezoning process, Section 102-1383 et seq. The maximum size structure that includes one or more retail uses that is permitted through this procedure is 75,000 square feet.
(5)
Service businesses.
(6)
Movie theaters and performing arts centers.
(7)
Hotels and motels.
(8)
Restaurants.
(9)
Fast food restaurants.
(10)
Ice cream stands.
(11)
Professional offices and health care offices.
(12)
Office complexes.
(13)
Funeral homes.
(14)
Health care facilities.
(15)
Veterinarians and veterinary clinics.
(16)
Kennels for boarding and/or training of pets.
(17)
Warehouses and storage facilities.
(18)
Motor vehicle, recreational vehicle, mobile home and equipment sales, repairs and services.
(19)
Motor vehicle fuel and service establishments.
(20)
Light industrial uses.
(21)
Planned unit development (residential) and cluster housing development.
(22)
Non-municipal public and quasi-public uses.
(23)
School, day nursery, institution of an educational, religious, philanthropic, fraternal, political or social nature; including as an accessory use to a permitted activity.
(24)
Residential, multi-family housing. Also reference the Article IX, Division 7, supplemental performance standards for multi-family dwelling units and structures.
(25)
Congregate retirement housing.
(26)
Laundromats.
(27)
Retail and wholesale distribution establishments.
(28)
Indoor and outdoor recreational activities and facilities.
(29)
Nurseries, green houses, landscaping businesses, tree farms and similar operations involved with the growing and selling of plant material. This use shall include the sale of machinery, materials, plants, or similar items commonly associated with landscaping activities.
(30)
Accessory structures and accessory uses for uses for which the Planning Board can issue a permit for the principal use or principal structure.
(31)
Stealth telecommunications facilities.
(32)
Boat building, boat repair, boat retrofitting, and boat storage, including on-site sale of boats and accessory equipment.
(33)
Medical marijuana caregiver retail stores.
(34)
Medical marijuana manufacturing facilities.
(35)
Medical marijuana testing facilities.
(36)
Solar energy systems, large-scale, ground-mounted.
Sec. 102-798.50 Prohibited uses.
[8-3-2021]
Only those uses specifically listed as permitted uses requiring Code Enforcement Officer review or permitted uses requiring Planning Board review are allowed within the Searsport Avenue Commercial District. All other uses are prohibited.
Sec. 102-799 (Reserved) [1]
[1]
Editor's Note: Former Section 102-799, Permitted uses requiring Planning Board review, adopted 6-5-2001 by Ord. No. 75-2001, as amended 2-7-2006 by Ord. No. 21-2006; 12-18-2018, was renumbered and readopted 8-3-2021. See now Section 102-798.25, Permitted uses requiring Planning Board review.
Sec. 102-799.2 Dimensional and density standards for residential uses and structures in the Searsport Avenue Commercial District.
[8-3-2021]
(a)
The Searsport Avenue Commercial Zoning District was established on August 19, 2001. Any property or structure used for residential purposes that is established on or after August 19, 2001, must comply with all applicable dimensional and density standards in this section. Lots that may be nonconforming because such were created prior to August 19, 2001, and they do not comply with current requirements, shall be considered nonconforming lots of record and must satisfy all standards that apply to a nonconforming lot of record. All structures that may be nonconforming because such were constructed prior to August 19, 2001, and do not satisfy all current dimensional requirements, may continue to exist and may expand in accordance with the Article III, Nonconformance, provisions in this chapter.
(b)
Minimum lot size and minimum frontage requirements for residential uses are as follows:
(1)
Minimum lot size and lot frontage requirements for a property connected to public sewer.
Type of Use on Sewer | Lot Size | Lot Frontage |
|---|---|---|
Single family residential | 15,000 sq. ft. | 150 lineal feet |
Two-family residential | 15,000 sq. ft. | 150 lineal feet |
Single family with detached accessory dwelling unit | 15,000 sq. ft. | 150 lineal feet |
Multi-family residential | 21,780 net sq. ft. | 150 lineal feet |
(2)
Minimum lot size and lot frontage requirements for a property that uses a subsurface wastewater disposal system for managing wastewater.
Type of Use - Subsurface System | Lot Size | Lot Frontage |
|---|---|---|
Single family residential | 20,000 sq. ft. | 150 lineal feet |
Two-family residential | 30,000 sq. ft. | 150 lineal feet |
Single family with detached accessory dwelling unit | 30,000 sq. ft. | 150 lineal feet |
Multi-family residential | 43,560 net sq. ft. | 150 lineal feet |
(3)
If there are one or more types of residential uses on the lot (property), the total size (area) of the lot must be no less than the amount of square feet needed to satisfy the minimum lot size requirement for each of the respective uses on the lot, reference standards(b)(1) and (2) above, and the amount of use (density) on the lot must comply with the residential density standards identified in Subsection (e) or (f) of this section. The total amount of lot frontage, however, must only satisfy the minimum amount of lot frontage required for the most intensive use on the property.
(c)
Minimum structure setback requirements for residential structures.
(1)
The setback requirements identified in the following table shall apply to the following types of residential structures and accessory structures to said residential structures.
Type of Use | Front Setback | Side Setback | Rear Setback |
|---|---|---|---|
Single family | 30 ft | 15 ft | 15 ft |
Two family | 30 ft | 15 ft | 15 ft |
Single family with detached accessory dwelling unit | 30 ft | 15 ft | 15 ft |
Multi-Family | 30 ft | 25 ft | 25 ft |
(2)
A residential structure that was constructed on or before August 19, 2001, that does not comply with the above structure setback requirements, shall be considered a nonconforming structure of record with respect to setback requirements. Said residential structure may continue and may expand, subject to requirements of Article III, Nonconformance, of this chapter, and in the case of an accessory dwelling unit in a detached structure, compliance with the Article IX, Division 6, supplemental performance standards.
(3)
All structure setbacks shall be measured from the property line, and the applicant shall be responsible for verifying that all setback requirements are met. The applicant, Code Enforcement Officer or Planning Board may use a MDOT or City road layout or right-of-way, a property deed or similar information to determine the location of the property line and minimum amount of setback required. The Code Enforcement Officer or Planning Board, however, may require the applicant to provide a survey to identify property lines and setback requirements if either deems that a survey is necessary to verify the applicant's representations.
(d)
Structure height for residential structures. The maximum structure height for the following types of residential structures and accessory structures to said residential structures shall comply with the standards identified in the following table.
Type of Structure | Maximum Height |
|---|---|
Single family | 38 ft |
Two family | 38 ft |
Single family with detached accessory dwelling unit | 38 ft |
Multi-family | 45 ft |
(e)
Density standard.
(1)
The following density standards shall apply to all residential uses in the Searsport Avenue Commercial District that are connected to public sewer. These density standards are subject to modification in accordance with the planned unit development and cluster housing development requirements identified in Subsection (f) below.
Type of Use | Connected to Sewer |
|---|---|
Single family | One unit in one structure per 15,000 sq. ft. |
Two family | Two units in one structure per 15,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 15,000 sq. ft. |
Multi-family | Six units per 21,780 net square feet and an additional 1,500 net square feet for each additional unit |
(2)
The following density standards shall apply to all residential uses in the Searsport Avenue Commercial District that use a subsurface wastewater disposal system for managing wastewater. These density standards are subject to modification in accordance with the planned unit development and cluster housing development requirements identified in Subsection (f) below.
Type of Use | Subsurface System for Wastewater |
|---|---|
Single family | One unit in one structure per 20,000 sq. ft. |
Two family | Two units in one structure per 30,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 30,000 sq. ft. |
Multi-family | Four units per 43,560 net square feet and an additional 10,890 net square feet for each additional unit |
(f)
Residential planned unit development and cluster housing development. In the case of a residential planned unit development or cluster housing development, the density standards identified in Subsection (f) above, may be modified in accordance with the special provisions of Article VI of this chapter, and the following density standards. A residential planned unit developments or cluster housing development shall be reviewed pursuant to requirements of the Subdivision Ordinance, Chapter 94, and Chapter 90, Site Plans.
(1)
A residential planned unit development or cluster housing development that is connected to public sewer in the Searsport Avenue Commercial Zoning District shall comply with the following density standards.
Type of Use | Connected to Sewer |
|---|---|
Single family | One unit in one structure per 10,000 sq. ft. |
Two family | Two units in one structure per 10,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 10,000 sq. ft. |
Multi-family | Six units per 21,780 net square feet and an additional 1,500 net square feet for each additional unit |
(2)
A residential planned unit development or cluster housing development that uses a subsurface wastewater disposal system for managing wastewater in the Searsport Avenue Commercial District shall comply with the following density standards.
Type of Use | Subsurface System for Wastewater |
|---|---|
Single family | One unit in one structure per 20,000 sq. ft. |
Two family | Two units in one structure per 20,000 sq. ft. |
Single family with detached accessory dwelling unit | Primary and detached unit structures per 20,000 sq. ft. |
Multi-family | Four units per 43,560 net square feet and an additional 7,500 net square feet for each additional unit |
Sec. 102-799.4 Dimensional standards for nonresidential uses and structures in the Searsport Avenue Commercial District.
[8-3-2021]
(a)
Minimum lot size and minimum frontage requirements for nonresidential uses.
(1)
Any lot created on or after August 19, 2001, that is used for a nonresidential use shall be a minimum of 43,560 square feet (one acre) in size, and the lot shall have a minimum of 150 feet of road frontage, if the lot has frontage on a road. The minimum size of such a lot, however, shall be greater than one acre, and the minimum amount of frontage, however, shall be greater than 150 feet, if warranted, to comply with the requirements of the Article IX, Division 4, performance standards, Section 102-1242(a), (b), and (c).
(2)
A lot that was created before August 19, 2001, that does not comply with the minimum lot size and minimum lot frontage (if the lot has road frontage) requirements identified in Subsection (a)(1) above, shall be considered a nonconforming lot of record, and shall be considered a buildable lot for a nonresidential use, provided that the lot complies, if warranted, with the requirements of the Article IX, Division 4, performance standards, Section 102-1242(a), (b), (c), (d), and (e).
(3)
If a lot (property) is occupied by a nonresidential use and one or more types of residential use, the size (area) of the lot, in total, must satisfy the minimum lot size (area) requirement identified for the nonresidential use identified in Subsection (a)(1) or (2) above, and the respective residential lot size standards identified in Section 102-799.2(b), and the respective density standards identified in Section 102-799.2(e) or (f), for each type of residential use that is on the property.
(b)
Minimum structure setback requirements for nonresidential structures.
(1)
The minimum front, side and rear setback requirements for a nonresidential structure are identified in the following Article IX, Division 4, performance standards: Section 102-1243, minimum front setback requirements for nonresidential structures; Section 102- 1244, minimum side setback requirements for nonresidential structures; and Section 102-1245, minimum rear setback requirements for nonresidential structures.
(2)
Notwithstanding the above requirements, the minimum front, side and rear setback requirements for a nonresidential use or nonresidential structure that qualifies as a retail use or structure pursuant to Section 102-798.25(2), or a shopping center pursuant to Section 102-798.25(4), shall be determined in accordance with the floating zone, Section 102-1382, and the contract rezoning process, Section 102-1383 et seq.
(3)
The minimum amount of setback for a nonresidential structure shall be determined by the method for residential structures identified in Section 102-799.2(c)(3).
(c)
Maximum structure height for a nonresidential structure.
(1)
The maximum height of a nonresidential structure shall be 45 feet, and an accessory structure to a nonresidential structure shall be 38 feet. This height requirement does not apply to the following specific uses: a telecommunication facility (subject to Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 5, Telecommunications Facilities), a water standpipe storage tank, a utility pole, and a storage silo for an agricultural use. This height requirement similarly does not apply to structures that may be exempt from the measurement of height pursuant to the City definition for height of a structure.
(2)
Notwithstanding the above requirements, the maximum height of a structure for a nonresidential use or nonresidential structure that qualifies as a retail use or structure pursuant to Section 102-798.25(2) or a shopping center pursuant to Section 102-798.25(4), shall be determined in accordance with the floating zone, Section 102-1382, and contract rezoning process, Section 102-1383 et seq.
Sec. 102-799.6 Performance standards.
[8-3-2021]
(b)
Performance standards for nonresidential uses. All nonresidential uses proposed in the Searsport Avenue Commercial District shall comply with the Article IX, Division 4 nonresidential development performance standards, applicable requirements of the Chapter 98, Technical Standards, and if the project qualifies as a site plan, the requirements of Chapter 90.
Sec. 102-800 (Reserved) [1]
[1]
Editor's Note: Former Section 102-800, Prohibited uses, adopted 6-5-2001 by Ord. No. 75-2001, was renumbered and readopted 8-3-2021. See now Section 102-798.50, Prohibited uses.
Sec. 102-800.3 (Reserved) [1]
[1]
Editor's Note: Former Section 102-800.3, Applicability of shoreland zoning and floodplain regulations, adopted 6-5-2001 by Ord. No. 75-2001, was repealed 8-3-2021.
Sec. 102-800.5 (Reserved) [1]
[1]
Editor's Note: Former Section 102-800.5, Dimensional and density standards, adopted 6-5-2001 by Ord. No. 75-2001, was repealed 8-3-2021.