Properties in the Route 3 Commercial District that are used for a nonresidential use are subject to the nonresidential development performance standards found in article IX, division 3 of this chapter.

Properties in the Searsport Avenue Water-front District, the Searsport Avenue Commercial District, the Route 141 and Mill Lane Commercial District, the Route 137 Commercial District, and the Route One South Commercial District that are used for a nonresidential use are subject to the nonresidential development performance standards found in article IX, division 4 of this chapter.

Properties in the Office Park District that are used for a nonresidential use are subject to the nonresidential development performance standards found in article IX, division 5 of this chapter.

In all zoning districts, the approval of permit applications shall be subject to evidence of satisfactory subsurface soil conditions for drainage and sewage disposal, and, where on-site septic disposal is proposed, shall be subject to prior obtainment of a plumbing permit for the installation of the subsurface water disposal system.

The requirements and standards of the state department of environmental protection and department of human services and the latest revised edition of the state plumbing code shall be met.

A subsurface wastewater disposal system must be designed and installed for any new use, expanded use or change of use unless the use is to be served by municipal sewer.

Stripping of vegetation, soil removal and regrading or other development shall be accomplished in such a way as to minimize erosion.

The duration of exposure of the disturbed area shall be kept to a practical minimum.

Temporary vegetation and/or mulching shall be used to protect critical areas during development.

Permanent (final) vegetation and mechanical erosion control measures shall be installed as soon as practicable after construction begins.

Until a disturbed area is stabilized, sediment in runoff water shall be trapped by the use of debris basins, silt traps, or other acceptable methods as determined by the code enforcement officer.

The top of a cut or the bottom of a fill section shall not be closer than 10 feet to an adjoining property, unless otherwise specified by the code enforcement officer or the Planning Board. Extraction operations (sand pits, etc.) shall not be permitted within 100 feet of any property line, except as provided for in this chapter.

During grading operations, methods of dust control shall be employed.

Those areas with soil unsuitable for construction shall be utilized for open space.

Trees and other vegetation shall be preserved wherever possible.

Lot grading shall be held to a minimum by fitting the development to the natural contour of the land and avoiding substantial areas of excessive grade.

Wastewater to be discharged into City sewers, should they be available, shall be in such quantities and/or of such quality as to be compatible with federal and state standards and in compliance with chapter 62, article II.

To meet those standards, the City may require that such wastes shall undergo pretreatment or full treatment at the site in order to render them acceptable for the treatment processes.

The disposal of wastewater by means other than a public system must comply with the laws of the state.

Exploration to establish a significant groundwater well. A person may conduct exploratory drilling and testing to identify the potential availability of significant groundwater resources in anticipation of establishing a significant groundwater well. A permit from the Code Enforcement Officer shall be required for all such exploratory drilling. All areas disturbed by such exploratory drilling shall be restored and revegetated to prevent erosion.

Extraction of a significant groundwater resource. A request to extract water from a significant groundwater resource by the development of one or more significant groundwater wells shall require the issuance of a permit by the Belfast Planning Board pursuant to the process and standards identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 7, Significant Groundwater Well Permit.

The installation of and physical location of the pipe or pipes does not have a significant adverse impact, if any, on a shoreland regulated area, and the amount of area disturbed by the installation of the pipe is minimized to the greatest extent practical.

The applicant restores the area disturbed by the installation of a significant water intake or significant water discharge/outfall pipe so as to prevent both short-term and long-term soil erosion and sedimentation and the area is revegetated to present a natural appearance that is consistent with the surrounding area.

The location of any above ground structures associated with the intake or discharge/outfall pipes complies with the minimum structure setback requirement for the respective shoreland district, subject to consideration of structure setback requirements that apply to a structure that is a water dependent activity.

A person who proposes to install a significant water intake or significant water/discharge pipe shall provide evidence to the City that they can or have obtained any and all state and federal permits associated with the location and operation of the proposed water intake or discharge, including ongoing monitoring, that may be required.

The minimum lot size of one acre and minimum frontage requirement of 200 feet for a lot with frontage on Route 3/Main Street, Crocker Road, or Lincolnville Avenue (reference section 102-771, dimensional standards for the Route 3 Commercial District, subsections (a) and (b)), shall increase in accordance with the following table to support a use or uses located on a single lot that generate volumes of vehicular traffic per peak hour (vtpph), that meet or exceed the following standards. The volume of traffic shall be determined by the Institute of Transportation Engineers, Transportation and Traffic Engineering Handbook, Volume "_____" and as may be revised from time to time, or by a site specific traffic survey that is conducted by the applicant and reviewed and accepted by the code enforcement officer or Planning Board.

The minimum lot size requirement identified in subsection (a) (above) for a lot which has frontage on Route 3/Main Street, Crocker Road, or Lincolnville Avenue, and that uses a joint access drive onto the respective road (identified above) on which it fronts as its main means of two-way access, may be reduced by a maximum of three of the above increments (example standard (4) to (1)), but in no case may the resultant lot be less than the minimum lot size requirement of one acre.

The minimum lot frontage requirement identified in subsection (a) (above) for a lot which has frontage on Route 3/Main Street, Crocker Road, or Lincolnville Avenue, and that uses a joint access drive onto the respective road (identified above) on which it fronts as its main means of two-way access, may be reduced by a maximum of 75 feet from the standard identified in subsection (a)(1)-(6), but in no case may the resultant amount of frontage be less than 150 feet.

Any lot created on or before January 23, 2001 that does not meet the subsections (a)-(c) minimum lot size and minimum lot frontage requirements, on which a use is located on or before January 23, 2001 that generates traffic volumes greater than 101 vtpph may continue to be used for the existing use. An expansion of the existing use is permitted, provided that the vtpph traffic volume that exists on the date of the requested expansion, does not increase by greater than 25%. This is a maximum lifetime expansion.

Any lot created prior to the enactment of this division (January 23, 2001) that does not meet the required dimensional standards, on which a use is located on or before January 23, 2001, that generates traffic volumes greater than 101 vtpph, and for which a change of use is requested, the requested change of use may be approved provided it does not involve an increase in traffic volume that is greater than 25% of the traffic volume of the former use based on vtpph.

Any new structure or expansion of an existing nonresidential structure that is constructed on or after January 24, 2001, that has frontage on Route 3/Belmont Avenue/Main Street, Crocker Road or Lincolnville Avenue, shall comply with the following minimum front setback requirements for structures, and the following minimum buffer yard requirements:

Any new structure or expansion of an existing nonresidential structure that is built after January 24, 2001, that has frontage on street, road or driveway that is not identified in subsection (a) shall comply with the following minimum front setback requirements for structures, and the following minimum buffer yard requirements:

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 shall provide a survey to identify property lines and setback requirements, unless the code enforcement officer or Planning Board deems that a survey is not practical or warranted. In such cases, the applicant 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 amount of the buffer yard must be located on property owned or controlled by the owner, and shall not include any land area located within an established right-of-way for determining the amount of buffer yard. Parking spaces are prohibited in the buffer yard area, and roads/driveways shall only be permitted to the extent that such must cross the buffer yard area to access the area proposed for development. The only structures permitted in the buffer yard, when there is no practical alternative as determined by the Planning Board, are utilities, stormwater management control facilities, and essential services.

The minimum side setback for a nonresidential structure that provides a joint access drive to one or more adjacent uses is 15 feet. The minimum side buffer yard requirement for a nonresidential structure that provides a joint access drive to one or more adjacent uses is 10 feet.

The minimum side setback for a nonresidential structure that does not provide an access to at least one abutting use shall be 25 feet. The minimum side buffer yard requirement for a nonresidential use that does not provide an access to at least one abutting use shall be 15 feet. The Planning Board may choose not to impose this requirement, particularly for existing structures and uses that do not satisfy this requirement, if it determines that a joint access drive is not practical or does not serve a public purpose.

A nonconforming structure that does not comply with the minimum side setback requirements may expand, provided none of the structure is located closer to the side lot line than the existing structure, and the applicant complies with the performance standards for the Route 3 Commercial District to the greatest extent practical, as determined by the Planning Board.

The amount of the buffer yard must be located on property owned or controlled by the owner, and shall not include any land area located within an established right-of-way for determining the amount of buffer yard. Parking spaces are prohibited in the buffer yard area, and roads/driveways shall only be permitted to the extent that such must cross the buffer yard area to access the area proposed for development. The only structures permitted in the buffer yard, when there is no practical alternative as determined by the Planning Board, are utilities, stormwater management control facilities, and essential services.

The minimum rear setback and rear buffer yard for a nonresidential structure that does not abut a residential use that existed at the date of application for the nonresidential use, or that abuts only other nonresidential uses or properties located entirely within the Route 3 Commercial District, is 15 feet.

The minimum rear setback and rear buffer yard for a nonresidential structure that abuts one or more residential uses that existed at the date of application for the nonresidential use, is 40 feet.

A nonconforming structure that does not comply with the minimum rear setback requirement may expand, provided the following requirements are met: none of the structure is located closer to the rear lot line than the existing structure; the expanded structure and use will not adversely impact any existing residential uses, as determined by the Planning Board; and the applicant complies with the performance standards for the Route 3 Commercial District to the greatest extent practical, as determined by the Planning Board.

The amount of the buffer yard must be located on property owned or controlled by the owner, and shall not include any land area located within an established right-of-way for determining the amount of buffer yard. Parking spaces are prohibited in the buffer yard area, and roads/driveways shall only be permitted to the extent that such must cross the buffer yard area to access the area proposed for development. The only structures permitted in the buffer yard, when there is no practical alternative as determined by the Planning Board, are utilities, stormwater management control facilities, and essential services.

The required buffer yards shall be landscaped to present an attractive appearance to the site, particularly the front buffer yard and the entrance, and to provide a vegetative screen for the site from abutting uses, particularly residential uses.

All side and rear buffer yards shall be preserved in their natural states, insofar as practical and appropriate, by minimizing tree removal, and by controlling any grade changes so that they are compatible with the general appearance of neighboring developed areas. The applicant shall submit a landscape plan for all buffer yards, preferably prepared by a landscape architect licensed in the State of Maine. The Planning Board may require the submittal of alternative landscape plans if it determines that site conditions warrant consideration of landscaping alternatives.

For purposes of this subsection, a "canopy tree" is a deciduous tree that reaches at least 35 feet in height at maturity and at time of planting has a minimum 2.5-inch caliper as measured six inches above the ground and a height of at least eight feet. An "evergreen tree" reaches 10 to 35 feet in height at maturity and at time of planting has a minimum of 2.5-inch caliper as measured six inches above the ground and a minimum height of at least six feet. A "small flowering tree" is a decorative or ornamental tree (example, flowering crab) that reaches a height of greater than eight feet at maturity and at time of planting has a minimum 1.5-inch caliper as measured six inches above ground and a height of a least six feet. A "shrub" reaches two to 10 feet in height at maturity and at planting shall be at least 18 inches in height. A "flower garden" is a label attached to an area that measures at least 50 square feet in size and that contains a variety of annual or perennial flowers and/or ground cover plantings.

The species of vegetation identified in subsection (b) above, shall have the following values for the purposes of determining compliance with the planting requirements for the buffer yards:

A nonresidential use that obtains a permit for a use or structure after January 24,2001 shall provide the minimum amount of plant units per 100 lineal feet or fraction thereof (as measured in ten-foot increments) for the buffer yards identified in section 102-1183, 102-1184 and 102-1185. For the purposes of implementing this section, the number to the left in the following chart is the amount of plant units that an applicant must provide, and the number to the right is the guideline that the applicant and Planning Board or CEO should use for the amount of such plant units that should be canopy trees. The City, however, recognizes that all sites are not the same, and that a landscape plan and plantings may be unique to a respective site. The City encourages flexibility to ensure all plantings enhance site appearance and are harmonious with all structures and uses on the site and with abutting sites and uses, and grants the Planning Board, when it deems appropriate, the authority to alter the amount of specific types of plant units identified in the guidelines (the right side column).

A nonresidential use that obtained a use permit prior to January 24,2001, or that occupies a structure constructed prior to January 24,2001, that proposes to expand the use or structure or change the use, or a nonresidential use that obtained a use permit after January 24,2001 and that occupies a structure constructed prior to January 24,2001, that proposes to expand the use or structure or change the use, that cannot fully satisfy these landscaping requirements for buffer yards (reference sections 102-1183, 102-1184, 102-1185, and 102-1186(a)-(d)) shall satisfy these landscaping of buffer yard requirements to the greatest extent practical. The Planning Board shall determine if an existing use or structure cannot satisfy these landscaping requirements and what constitutes greatest extent practical. The Planning Board may require additional plantings, fencing, larger buffer yards, or similar measures to compensate for the applicant providing less than the amount of landscaping required.

A new use or nonresidential structure, particularly an industrial structure, that does not fully comply with the structure design guidelines identified in section 102-1187, shall provide a minimum of 1.5 times the amount of front and side buffer yard plantings as required in this section 102-1186.

All landscaping materials planted in the buffer yard shall be well maintained and any plants which die shall be replaced within one growing season. Any mature tree which was used to satisfy the required number of plant units which dies within five years of the issuance of a permit shall be replaced with two canopy or evergreen trees within one growing season of the time the mature tree dies. The CEO or Planning Board shall have the authority, as a condition of permit approval, to require the applicant to provide a schedule and program to maintain all site landscaping.

Structure orientation. New structures must be well oriented to site characteristics and preferably should present their "best face" toward the main access road (Route 3, Crocker Road, Lincolnville Avenue or Starrett Drive) on which the structure fronts. Further, if the site uses an interior access drive for its main access, and the structure is oriented to this access drive, the applicant shall present "attractive faces" on both the main access road and the interior access drive. This approach routinely includes the construction of an entrance and accompanying sidewalk on the side of the best face, and on any side that faces a public street or service road. No blank facades, service doors or loading areas (potential exceptions for auto service and repair facilities) shall be located on the side facing the main access road or an interior access drive.

Facades and exterior walls. Facades and exterior walls shall comply with the following requirements:

Roof design. The shape of the roof shall complement the building style proposed by the applicant and shall present an attractive appearance. The shape of the roof shall also consider the shape of roofs on structures to which it is visually related. The City requires that all roofs have no less than two of the following features, and expressly prohibits any long run of a flat roof design:

Building materials and colors. The type and color of materials used shall complement the building style proposed by the applicant and shall present an attractive appearance. The color and texture of materials used shall consider the colors and texture of materials used on structures to which it is visually related.

Entryways. The entryways to the building shall complement the building style proposed by the applicant, the relationship of the building to the site access, and shall present an attractive appearance, and a functional entrance.

Buildings of special, merit. The City recognizes that an applicant may choose to propose a building design that satisfies the intent of the City requirement for an attractive building design, but that does not satisfy one or more of the criteria identified in this section. The Planning Board shall have the authority to allow an alternative building design for a building of "special merit" that satisfies the intent of this standard, and, in the findings of the Planning Board, positively contributes to the character of the Route 3 area and the City.

A use that requires 40 or less parking spaces may locate a maximum of 10 spaces to the front of the building, provided that the following standards are met:

Notwithstanding the provisions of subsection (1), a use that has frontage on either Route 3/Belmont Avenue/Main Street or Lincolnville Avenue, and that requires 40 or less parking spaces, may locate a maximum of 10 spaces in the area between the structure and either Route 3/Belmont Avenue/Main Street or Lincolnville Avenue, regardless of the street or interior access road to which the structure is oriented. All other parking spaces shall be located in an area that is not located between the structure and either Route 3/Belmont Avenue/Main Street or Lincolnville Avenue.

A use that requires 41 or more parking spaces may locate a maximum of 20% of the parking spaces directly in front of the structure (corners of the main facade) in the area between the street/access drive on which the structure fronts and the structure. Further, a maximum of 20% of the remaining parking spaces may be located between the street/access drive and the structure (beyond the corners of the main facade) and to the side of the structure in the area that would be considered the front yard. A parking layout that locates parking in either of these two areas must satisfy the following standards:

Notwithstanding the provisions of subsection (3), a use that has frontage on either Route 3/Belmont Avenue/Main Street or Lincolnville Avenue, and that requires 40 or more parking spaces, may locate a maximum of 20% of the parking spaces in the area between the structure and either Route 3/Belmont Avenue/Main Street or Lincolnville Avenue, regardless of the street or interior access road to which the structure is oriented. All other parking spaces shall be located in an area that is not located between the structure and either Route 3/Belmont Avenue/Main Street or Lincolnville Avenue.

Notwithstanding the provisions of subsections (1)-(4), the Planning Board may grant a waiver to these standards to allow a use that has special customer service demands, such as but not limited to a lumber yard, to locate a greater percentage of the parking to the front of the structure, including the area between the structure and Route 3/Belmont Avenue/Main Street or Lincolnville Avenue. The Planning Board must make a finding that the specific needs of this use require that a greater percentage of the parking spaces are located to the front of the structure, and that locating spaces to the front of the building does not cause a concern with internal circulation on the site. The board may require compensatory measures, such as but not limited to additional landscaping, berms, fencing, or similar amenities, as a condition of the waiver. A minimum of 75% of the board must vote in the affirmative to grant the waiver.

Uses that require a significant amount of parking, more than 75 vehicles, shall use parking cells to assist in managing the visual impact and scale of the parking areas. The Planning Board shall use the following guidelines to implement this provision:

All parking spaces shall be paved, unless the CEO or Planning Board authorizes the use of a gravel parking lot for environmental considerations.

The applicant shall provide an eight-foot-wide landscaped strip planted with canopy trees and low shrubs around the perimeter of all parking areas located to the side or rear of a structure. A minimum of one canopy tree that is equal to 10 plant units shall be provided per every 40 feet of parking lot perimeter. A minimum of two plant units of shrubs shall be provided for every 10 feet of parking lot perimeter. The vegetated buffer yards required in the front, side or rear setback area may be used to satisfy the landscape requirements for parking lots when the respective parking lot abuts the buffer yards on one or more sides. The guideline for determining plant units is defined in section 102-1186(b) and (c).

The applicant shall provide a continuous landscape strip that is a minimum of eight feet in width between every four rows of parking which contain five or more cars per row. A minimum of one canopy tree equal to 10 plant units shall be provided for each 40 feet of length or fraction thereof of the landscape strip. A minimum of two plant units of shrubs shall be provided for each 10 feet of length of the landscape strip.

The applicant shall provide the following planting islands if the size of the parking area warrants such islands:

The Planning Board shall encourage and may require the use of a vegetated landscape berm to lessen the visual impact of parking areas that are located to the front or side of a structure. A landscape berm that is 30 inches or more in height shall be equal to 20 plant units per 100 lineal feet or fraction thereof of berm. A landscape berm that is 15 inches or more in height shall be equal to 10 plant units per 100 lineal feet or fraction thereof of berm.

Notwithstanding the above provisions, the applicant may submit and the Planning Board may consider an alternative landscape plan for the siting of landscape areas that provides an equal or greater amount of landscaping required by this division.

Safe unobstructed access to and from the site shall occur by providing an adequate number, design and location of access points with respect to sight distances, intersections, traffic generators, all types of vehicles having occasion to enter the site and adjoining properties.

All properties in existence on or before January 23, 2001 that have no existing curb cuts or only one existing curb cut shall be restricted to one main (two-way) curb cut onto Route 3/Belmont Avenue/Main Street, Lincolnville Avenue, or Starrett Drive. The Planning Board may grant an exception to this standard for properties that have 500 feet or more of frontage.

All properties that were developed on or before January 23, 2001 that have two or more existing curb cuts may retain the existing curb cuts to serve the existing development, an expanded development or a change of use, if the Planning Board finds the following:

The Planning Board may allow the use of one or more restricted access right-turn entrance or exit only lanes, provided that the board makes the following findings:

The applicant shall provide a minimum separation of 75 feet between all curb cuts, and 150 feet or more of separation is preferred. The Planning Board may waive this requirement for good cause, as demonstrated by the applicant, if no reasonable alternative exists.

All means of ingress/egress (site access points) onto a public road shall be designed according to the following standards of safe sight distance. The CEO or Planning Board, however, shall not use this section as the sole criterion for rejecting an application unless all possible ingresses/egresses are deemed to be unsafe due to poor sight distances.

The applicant shall provide direct connections and safe street crossings to adjacent land uses and properties, and allow the shared use of these connections, unless the Planning Board deems that one or more of the connections are not appropriate. The direct connection(s) shall involve the construction of the needed access way or the reservation of the right-of-way to an adjacent parcel. If the project involves the reservation of a right-of-way, the Planning Board may require the applicant to escrow funds to construct the connection at a future date.

An applicant shall identify how bicycle and pedestrian access to the site can occur, and shall examine the amount of bicycle and pedestrian use of the site that may occur. This analysis shall consider the factors such as the following: the extent of bicycle and pedestrian facilities that exist in the area at the time of application; the potential need for such facilities in the area; City or state plans to construct or designate bicycle and pedestrian facilities in the area; and how bicycle and pedestrian use of the area can be achieved. The code enforcement officer or Planning Board shall review this analysis and determine if the applicant must construct improvements to facilitate bicycle or pedestrian access to the site.

To the maximum extent practical, pedestrians and vehicles shall be separated through the provision of a sidewalk or walkway. Where complete separation of pedestrians and vehicles is not feasible, potential hazards shall be minimized by using landscaping, special paving, striping, signage, and other means to clearly delineate pedestrian areas.

The applicant shall provide unobstructed vehicular access to and from a public street for all off-street parking spaces, and shall provide well-defined circulation routes for vehicles, pedestrians and bicycles. Further, all entrances and exits to the site and any parking area shall be located an adequate distance from the public way to eliminate queueing of motor vehicles into the public way.

Standard traffic control signs and devices shall be used to direct traffic where necessary throughout the site and the parking areas.

The site layout and design shall anticipate the needs of users and provide continuity between vehicular circulation, parking, pedestrians, and bicycle circulation. Pedestrian drop-off areas shall be provided where needed, particularly for uses that serve children or the elderly.

The site layout and design shall consider how truck circulation will occur throughout the site, and shall ensure that such circulation does not adversely impact vehicular, pedestrian and bicycle safety. All loading and off-loading areas shall occur in locations or at times that do not affect public safety.

The applicant, if deemed appropriate by the Planning Board, shall provide amenities, such as bicycle racks, to encourage bicycle use.

The use shall have a water supply of adequate quality and quantity. A water supply may be a private well, a central water supply approved by the state department of human services, or a public water supply. An applicant, however, shall be required to connect to the public water supply unless the Planning Board, after consultation with the City water district, determines that the cost of the extension is prohibitive for the use proposed, and that a good quality and quantity private source of water can be provided.

The use shall have an approved method of sewerage disposal. Private sewage disposal may be used provided the system satisfies City subsurface wastewater disposal ordinance and state requirements. No permanent use may use portable toilets for sewage. Public sewage disposal may be used subject to approval of the City. A nonresidential use located within 750 feet of a public sewer system shall connect to the system unless the Planning Board determines the cost of the extension is prohibitive for the use proposed and a good quality method of private sewage disposal can be provided.

All electric, telephone, television, and similar service shall be located underground, unless the Planning Board determines the underground service is cost prohibitive, may adversely impact natural resource features on the site, and there are well located existing overhead services to adjacent properties.

All satellite dishes, microwaves, and similar structures used for transmission or reception purposes shall be located to minimize adverse visual impacts. The planning board shall consider that functional requirements for this equipment in rendering a decision regarding the location of such equipment.

Excessive noise at unreasonable hours shall be required to be muffled so as not to be objectionable due to intermittence, beat, frequency, shrillness or volume (refer to table below). The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced by any commercial or industrial activity regulated by this division shall be established by the time period and type of land use listed below. Sound pressure levels shall be measured on a sound level meter at all major lot lines of the proposed site, at a height of at least four feet above the ground surface.

No person shall engage in, cause, or permit any person to be engaged in very loud construction activities on a site (active construction area) located within 750 feet of any residential use between the hours of 8:00 p.m. of one day and 7:00 a.m. of the following day. Construction activities shall be subject to the maximum permissible sound level specified for industrial districts for the periods within which construction is to be completed pursuant to any applicable building permit. The following uses and activities shall be exempt from the sound pressure level regulations:

Background spaces like parking shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and/or protecting people and property. Foreground spaces, such as building entrances and plaza seating areas, shall use local lighting that defines the space without glare.

Light sources shall be concealed and fully shielded and shall feature sharp cut-off capability so as to minimize up-light, spill-light, glare and unnecessary diffusion on adjacent property.

The style of light standards and fixtures shall be consistent with the style and character of architecture proposed on the site. Poles shall be anodized or otherwise painted to minimize glare from the light source.

Light sources must minimize contrast with the light produced by surrounding uses, and must produce an unobtrusive degree of brightness in both illumination levels and color rendition. Incandescent and high pressure sodium light sources all can provide adequate illumination with low contrast and brightness and are permitted light sources if the light source is consistent with the other standards.

Light levels measured 20 feet beyond the property line of the development site shall not exceed 0.1 footcandle as a direct result of the on-site lighting.

Outdoor display lots for vehicle sales and leasing shall comply with the requirements of this section. In addition, display illumination shall be reduced within 30 minutes after closing so that the remaining illumination levels are sufficient for security purposes only.

Upon request of the applicant, the planning board may approve an alternative lighting plan that may be substituted in whole or in part for a plan meeting the standards of this section.

The code enforcement officer may use the above standards to determine if an existing use (a use that existed on or before January 23, 2001) complies with these lighting requirements. If an existing use does not comply, the code enforcement officer and the property owner shall examine feasible alternatives to achieve greater compliance with the requirements of this section. This may include the code enforcement officer preparing a compliance plan that requires the existing use to change existing lighting within a three-year time period of the issuance of a compliance order.

Conducting the assessment. In conducting the impact assessment, the planning board shall consider the following:

Improvement responsibilities. When an applicant's share of infrastructure and or service system impact has been established by the planning board, the board shall select the method in which the applicant must participate in the infrastructure and/or service system improvement. The following two alternatives are available:

The applicant shall post an escrow account or irrevocable letter of credit with the City to pay the estimated cost equal to City expenses to regrade, stabilize, reseed, or revegetate a site disturbed by construction activities if the project is not completed. Escrow funds shall be deposited by construction activities if the project is not completed. Escrow funds shall be deposited in an account established specifically for this project. The guarantee is subject to release by the City upon a written finding from the code enforcement officer or City engineer that all plan requirements have been satisfied and an occupancy permit issued. The City may expend funds from the guarantee upon a written determination from the code enforcement office or City engineer that the project activities, such as site clearing and grading have been started, but no further construction activity has occurred. The City decision to expend funds will only be made sooner than one year after issuance of the building permit if the code enforcement officer or City engineer determines the applicant's failure to restabilize the site will result in significant adverse impacts on the site or surrounding properties.

The applicant shall enter a binding agreement with the City such that a building permit shall not be obtained until all public improvements and plan conditions are satisfied. The code enforcement officer or City engineer shall submit a statement in writing to the City planner certifying that all improvements have been completed. The City planner, upon receipt of such certification, may determine that terms of the binding agreement have been satisfied, and that the guarantee should be released, and a building permit may be granted by the code enforcement officer.

The applicant shall post an escrow account, performance bond, or irrevocable letter of credit with the City equal to 125% of the cost of all required improvements, particularly public improvements. This guarantee shall not be released and no occupancy permit shall be issued until the code enforcement officer or City engineer submits a statement to the City planner certifying that all improvements have been completed. The City planner, upon receipt of such certification, may determine that the terms of the performance guarantee have been satisfied, and that the guarantee should be released, and an occupancy permit may be granted by the code enforcement officer. The City may expend funds from the escrow account, performance bond, or irrevocable letter of credit upon a written declaration from the code enforcement officer or City engineer that the required improvements have not been satisfactorily completed. The City shall provide the applicant a minimum of 15 days of advance notice in writing prior to any City expenditure of the performance guarantee.

New drive-through windows and service windows. A drive-through or service window that is constructed after January 23, 2001, shall comply with the following standards:

Existing drive-through and service windows. An existing drive-through or service window on a structure that was constructed prior to January 23, 2001, shall be exempt from the section 102-1210(1) standards. In addition, notwithstanding the structure setback and bufferyard requirements established in sections 102-1183 (front), 102-1184 (side) and 102-1185 (rear), an existing drive-through or service window may be expanded, provided the drive-through or service window is setback a minimum of 15 feet from any lot line, and provided the applicant complies with the section 102-1186 minimum bufferyard planting requirements to the maximum extent practical, as determined by the Planning Board.

New canopies. A canopy that is constructed after January 23, 2001, shall be located to the side or rear of the main structure, and the canopy shall be incorporated into the design of the main structure, which may include physically connecting the canopy to the main structure. The Planning Board, by a majority vote of 75% of the board, has the authority to waive this standard. An applicant that seeks a waiver shall submit plans for review by the Planning Board that identify options to construct a canopy. At least one of the options must identify a canopy that is located to the side or rear of the main structure.

Existing canopies. Notwithstanding the structure setback and bufferyard requirements established in sections 102-1183 (front), 102-1184 (side) and 102-1185 (rear), an existing canopy on a structure that was constructed prior to January 23, 2001, may be expanded, provided the canopy is setback a minimum of 15 feet from any lot line, and provided the applicant complies with the section 102-1186 minimum bufferyard planting requirements to the maximum extent practical, as determined by the Planning Board.

The loading facility and area shall be located to the side or rear of the main structure and shall not be visible from a main public access road. Further, the applicant shall discourage public/customer use of the area that is devoted to loading facility operations.

The loading facility shall be screened from any abutting residential uses and the operation of such facilities shall not cause noise, odors, light, or similar adverse impacts on abutting residential uses. The applicant shall install fencing, landscaping, berming or similar improvements, and shall locate the facility an adequate distance from the abutting property line to minimize the amount of potential adverse impacts. Further, the owner shall control the noise and odors generated by trucks that are using the loading facility.

The applicant shall not use any containerized van that is not incorporated into the structure as a method of storing any materials. Further, such vans shall not be kept on a site for a period longer than is necessary to load or unload the containerized van.

Route One South Commercial, also identified as the ROS zone;

Searsport Avenue Waterfront, also identified as the SAW zone;

Searsport Avenue Commercial, also identified as the SAC zone;

Route 141 and Mill Lane Commercial, also identified as the Rt141 zone; and

Route 137 Commercial, also identified as the Rt137 zone.

The minimum lot size of one acre for a nonresidential lot, and minimum lot frontage requirement of 150 feet for a lot with frontage on a public road, shall increase in accordance with the following table to support a use or uses located on a lot that generates volumes of vehicular traffic per peak hour (vtpph), that meet or exceed the following standards. The volume of traffic shall be determined by the Institute of Transportation Engineers, Transportation and Traffic Engineering Handbook, Volume "_____" and as may be revised from time to time, or by a site specific traffic survey that is conducted by the applicant and reviewed and accepted by the code enforcement officer or planning board.

The code enforcement officer or the planning board may allow a reduction in the minimum lot size requirement identified in subsection (a) (above) for a lot that has frontage on a public road, provided that all uses on this lot use a joint access drive onto the respective road on which the lot fronts as the main means of two-way access to the lot. The joint access drive may be for uses that occur on this lot, or uses that occur on adjacent lots. The maximum amount of reduction the code enforcement officer or planning board may allow is 0.75 acres. In no case, however, may the resultant lot be less than the minimum lot size requirement of one acre.

The code enforcement officer or planning board may allow a reduction in the minimum lot frontage requirement identified in subsection (a) (above) for a lot that has frontage on a public road, provided that all uses on this lot use a joint access drive onto the respective road on which that lot fronts as the main means of two-way access to the lot. The joint access drive may be for uses that occur on this lot, or uses that occur on adjacent lots. The maximum amount of reduction that the code enforcement officer or the planning board may allow is 75 feet. In no case, however, may the resultant amount of frontage be less than 150 feet.

Any lot created on or before August 19, 2001, that does not meet the subsection (a)-(c) minimum lot size and minimum lot frontage requirements, on which a use was located on or before August 19, 2001, that generates traffic volumes greater than 101 vtpph, may continue to be used for the existing use. An expansion of the existing use is permitted, provided that the vtpph traffic volume that exists on the date of the requested expansion, does not increase by greater than 25%. This is a maximum lifetime expansion.

Any lot created prior to August 19, 2001, that does not meet the required dimensional standards, on which a use is located on or before August 19, 2001, that generates traffic volumes greater than 101 vtpph, and for which a change of use is requested, the requested change of use may be approved, provided it does not involve an increase in traffic volume that is greater than 25% of the traffic volume of the former use based on vtpph.

Any new nonresidential structure that is located in the Route One South Commercial (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), or Route 137 Commercial (Rt137) Districts that is constructed after on or after August 19, 2001, that has frontage on a public road, shall comply with the following minimum front setback requirements for structures:

Any new nonresidential structure that is built on or after August 19, 2001, that has frontage on a private road shall comply with the following minimum front setback requirements for structures:

Any new nonresidential structure that is built on or after August 19, 2001, that is located in the Searsport Avenue Waterfront District shall comply with the front setback requirements for structures identified in subsection (a) or (b), unless the code enforcement officer or planning board makes a finding that the amount of the front setback requirement should be reduced, pursuant to section 102-1276, to allow for the preservation of public views of the water. In no case, however, may the amount of front setback for a nonresidential structure be less than 30 feet.

Any expansion of a nonresidential structure that was built before August 19, 2001, and that does not comply with the minimum front setback requirements identified in subsections (a)-(c), shall comply with these respective front setback requirements to the greatest extent practical as determined by the code enforcement officer or planning board, subject to chapter 102, article III.

Any new nonresidential structure that is located in the Route One South Commercial (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), or Route 137 Commercial (Rt137) Districts that is constructed after on or after August 19, 2001, shall comply with the following minimum side setback requirements for structures:

Any new nonresidential structure that is built on or after August 19, 2001, that is located in the Searsport Avenue Waterfront District shall comply with the side setback requirements for structures identified in subsection (a), unless the code enforcement officer or planning board makes a finding that the amount of the side setback requirement should be reduced, pursuant to section 102-1276, to allow for the preservation of public views of the water. In no case, however, may the amount of side setback for a nonresidential structure be less than eight feet.

A nonconforming structure that does not comply with the minimum side setback requirements may expand, provided none of the structure is located closer to the side lot line than the existing structure, and the applicant complies with the performance standards of this division to the greatest extent practical, as determined by the code enforcement officer or City planning board.

Any new nonresidential structure that is located in the Route One South Commercial (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), or Route 137 Commercial (Rt137) Districts that is constructed after on or after August 19, 2001, shall comply with the following minimum rear setback requirements for structures:

Any new nonresidential structure that is built on or after August 19, 2001, that is located in the Searsport Avenue Waterfront zoning district shall comply with the rear setback requirements for structures identified in subsection (a), unless the code enforcement officer or planning board makes a finding that the amount of the rear setback requirement should be reduced, pursuant to section 102-1276, to allow for the preservation of public views of the water. In no case, however, may the amount of rear setback for a nonresidential structure be less than eight feet.

A nonconforming structure that does not comply with the minimum rear setback requirements may expand, provided none of the structure is located closer to the rear lot line than the existing structure, and the applicant complies with the performance standards of this division to the greatest extent practical, as determined by the code enforcement officer or City planning board.

The minimum front buffer yard requirement for the Route One South Commercial (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), Route 137 Commercial (Rt137) and Searsport Avenue Waterfront (SAW) Districts for a use or structure that is constructed after on or after August 19, 2001, shall comply with the following minimum front buffer yard requirements for structures:

The minimum amount of planting that shall occur in the front buffer yard area for the Route One South (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), Route 137 Commercial (Rt137) and Searsport Avenue Waterfront (SAW) Districts for a use or structure that is constructed after on or after August 19, 2001, shall comply with the following minimum planting requirements for the front buffer yard area. The number to the left in the following chart is the amount of plant units that an applicant must provide, and the number to the right is the guideline that the applicant and planning board or code enforcement officer should use for the amount of such plant units that should be canopy trees. Reference section 102-1249 for a description of how to determine the amount of plant units.

Any new nonresidential structure that is built on or after August 19, 2001, that is located in the Searsport Avenue Waterfront District shall comply with the subsection (a) and (b) requirements for buffer yards and minimum planting requirements, unless the code enforcement officer or planning board makes a finding that the amount of the buffer yard or planting should be reduced, pursuant to section 102-1276, to allow for the preservation of public views of the water. The code enforcement officer or planning board is specifically authorized to consider alternative buffer yard and planting requirements that would result in an attractive site, if such alternative assists in the preservation of a public view.

The minimum side buffer yard requirement for the Route One South Commercial (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), Route 137 Commercial (Rt137) and Searsport Avenue Waterfront (SAW) Districts for a use or structure that is constructed after on or after August 19, 2001, shall comply with the following minimum side buffer yard requirements for structures:

The minimum amount of planting that shall occur in the side buffer yard area for the Route One South (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), Route 137 Commercial (Rt137) and Searsport Avenue Waterfront (SAW) Districts for a use or structure that is constructed after on or after August 19, 2001, shall comply with the following minimum planting requirements for the side buffer yard area. The number to the left in the following chart is the amount of plant units that an applicant must provide, and the number to the right is the guideline that the applicant and planning board or code enforcement officer should use for the amount of such plant units that should be canopy trees. Reference section 102-1249 for a description of how to determine the amount of plant units.

Any new nonresidential structure that is built on or after August 19, 2001, that is located in the Searsport Avenue Waterfront District shall comply with the subsections (a) and (b) requirements for side buffer yards and minimum planting requirements, unless the code enforcement officer or planning board makes a finding that the amount of the side buffer yard or planting should be reduced, pursuant to section 102-1272, to allow for the preservation of public views of the water. The code enforcement officer or planning board are specifically authorized to consider alternative buffer yard and planting requirements that would result in an attractive site, if such alternative assists in the preservation of a public view.

The minimum rear buffer yard requirement for the Route One South Commercial (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), Route 137 Commercial (Rt137) and Searsport Avenue Waterfront (SAW) Districts for a use or structure that is constructed after on or after August 19, 2001, shall comply with the following minimum rear buffer yard requirements for structures:

The minimum amount of planting that shall occur in the rear buffer yard area for the Route One South (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), Route 137 Commercial (Rt137) and Searsport Avenue Waterfront (SAW) Districts for a use or structure that is constructed after on or after August 19, 2001, shall comply with the following minimum planting requirements for the rear buffer yard area. The number to the left in the following chart is the amount of plant units that an applicant must provide, and the number to the right is the guideline that the applicant and planning board or code enforcement officer should use for the amount of such plant units that should be canopy trees. Reference section 102-1249 for a description of how to determine the amount of plant units.

Any new nonresidential structure that is built on or after August 19, 2001, that is located in the Searsport Avenue Waterfront District shall comply with the subsection (a) and (b) requirements for rear buffer yards and minimum planting requirements, unless the code enforcement officer or planning board makes a finding that the amount of the side buffer yard or planting should be reduced, pursuant to section 102-1276, to allow for the preservation of public views of the water. The code enforcement officer or planning board are specifically authorized to consider alternative buffer yard and planting requirements that would result in an attractive site, if such alternative assists in the preservation of a public view.

The required buffer yards shall be landscaped to present an attractive appearance to the site, particularly the front buffer yard and the entrance, and to provide a vegetative screen for the site from abutting uses, particularly residential uses.

All side and rear buffer yards shall be preserved in their natural states, insofar as practical and appropriate, by minimizing tree removal, and by controlling any grade changes so that they are compatible with the general appearance of neighboring developed areas. The applicant shall identify specimen trees located on the site (trees greater than 24 inches in diameter) if required by the code enforcement officer or planning board, and shall identify measures to preserve specimen trees, when practical as determined by the code enforcement officer or planning board. The applicant shall submit a landscape plan for all buffer yards, preferably prepared by a landscape architect licensed in the State of Maine. The code enforcement officer or planning board may require the submittal of alternative landscape plans if it determines that site conditions warrant consideration of landscaping alternatives.

The amount of the buffer yard must be located on property owned or controlled by the owner, and shall not include any of the land area located within an established right-of-way for determining the amount of buffer yard. The only structures permitted in the buffer yard, when there is no practical alternative as determined by the code enforcement officer or planning board, are utilities and essential services.

For purposes of this subsection, the following types of vegetation are defined as follows:

The species of vegetation identified in subsection (b) above, shall have the following values for the purposes of determining compliance with the planting requirements for the buffer yards:

A nonresidential use that obtains a permit for a use or structure on or after August 19, 2001, shall provide the minimum amount of plant units per 100 lineal feet or fraction thereof (as measured in ten-foot increments) for the buffer yards identified in section 102-1246, 102-1247 and 102-1248. The City, however, recognizes that all sites are not the same, and that a landscape plan and plantings may be unique to a respective site. The City encourages flexibility to ensure all plantings enhance site appearance and are harmonious with all structures and uses on the site and with abutting sites and uses, and grants the code enforcement officer or planning board, when it deems appropriate, the authority to alter the amount of specific types of plant units identified in the guidelines (the right side column).

A nonresidential use that obtained a use permit on or before August 19, 2001, or that occupies a structure constructed on or before August 19, 2001, that proposes to expand the use or structure or change the use, or a nonresidential use that obtained a use permit after August 19, 2001, and that occupies a structure constructed on or before August 19, 2001, that proposes to expand the use or structure or change the use, that cannot fully satisfy these landscaping requirements for buffer yards (reference sections 102-1246, 102-1247, and 102-1248) shall satisfy these landscaping of buffer yard requirements to the greatest extent practical. The code enforcement officer or planning board shall determine if an existing use or structure cannot satisfy these landscaping requirements and what constitutes greatest extent practical. The code enforcement officer or planning board may require additional plantings, fencing, larger buffer yards, or similar measures to compensate for the applicant providing less than the amount of landscaping required.

A new use or nonresidential structure, particularly an industrial structure, that does not fully comply with the structure design guidelines identified in section 102-1250, shall provide a minimum of 1.5 times the amount of front, side and rear buffer yard plantings as required in this section, sections 102-1246, 102-1247 and 102-1248.

All landscaping materials planted in the buffer yard shall be well maintained and any plants which die shall be replaced within one growing season. Any mature tree which was used to satisfy the required number of plant units which dies within five years of the issuance of a permit shall be replaced with two canopy or evergreen trees within one growing season of the time the mature tree dies. The code enforcement officer or planning board shall require the applicant, as a condition of permit approval, to provide a schedule and program to maintain all site landscaping.

Structure orientation. New structures must be well oriented to site characteristics and preferably should present their "best face" toward the main access road on which the structure fronts. Further, if the site uses an interior access drive for its main access, and the structure is oriented to this access drive, the applicant shall present "attractive faces" on both the main access road and the interior access drive. This approach routinely includes the construction of an entrance and accompanying sidewalk on the side of the best face, and on any side that faces a public street or service road. No blank facades, service doors or loading areas (potential exceptions for auto service and repair facilities) shall be located on the side facing the main access road or an interior access drive.

Facades and exterior walls. Facades and exterior walls shall comply with the following requirements:

Roof design. The shape of the roof shall complement the building style proposed by the applicant and shall present an attractive appearance. The shape of the roof shall also consider the shape of roofs on structures to which it is visually related. The City requires that all roofs have no less than two of the following features, and expressly prohibits any long run of a flat roof design:

Building materials and colors. The type and color of materials used shall complement the building style proposed by the applicant and shall present an attractive appearance. The color and texture of materials used shall consider the colors and texture of materials used on structures to which it is visually related.

Entryways. The entryways to the building shall complement the building style proposed by the applicant, the relationship of the building to the site access, and shall present an attractive appearance, and a functional entrance.

Buildings of special merit. The City recognizes that an applicant may choose to propose a building design that satisfies the intent of the City requirement for an attractive building design, but that does not satisfy one or more of the criteria identified in this section. The code enforcement officer or the planning board shall have the authority to allow an alternative building design for a building of "special merit" that satisfies the intent of this standard, and, in the findings of the code enforcement officer or the planning board, positively contributes to the character of the road corridor on which the structure is located and the City.

Expansion of a nonresidential structure constructed prior to enactment of the section 102-1242-102-1247 design review standards. The City recognizes that many nonresidential structures were constructed prior to the enactment of the section 102-1242-102-1247 design review standards, and that the design of some of these structures may not fully comply with the requirements of these standards. The City's intent is to ensure that proposed expansions of existing structures comply with the section 102-1242-102-1247 design review standards to the greatest extent practical, and that such expansions are compatible with development that occurred prior to the enactment of these standards. The proposed expansion of a nonresidential structure that was constructed prior to August 19, 2001, shall comply with the section 102-1242-102-1247 design review standards to the greatest extent practical, as determined by the code enforcement officer or the planning board. The code enforcement officer or the board, in making a decision regarding compliance to the greatest extent practical with these standards, shall consider the following factors:

The design and layout of the parking area shall ensure that the parking areas are adequately separated from the site entrances so that none of the vehicles that are entering the site queue into an adjacent public street. The site entrance shall be separated from the parking area for a minimum of 20 feet. This may require the use of islands, curbing, walkways, ditching, berms or similar measures to separate the parking areas from the site entrances.

A use that requires 40 or less parking spaces may locate a maximum of 10 spaces to the front of the building, provided that the following standards are met:

Notwithstanding the provisions of Subsection (2), a use that has frontage on Route 1, Route 137 or Route 141, and that requires 40 or less parking spaces, may locate a maximum of 10 spaces in the area between the structure and the respective road identified above, regardless of the street or interior access road to which the structure is oriented. All other parking spaces shall be located in an area that is not located between the structure and the respective road identified above.

A use that requires 41 or more parking spaces may locate a maximum of 20% of the parking spaces directly in front of the structure (corners of the main facade) in the area between the street/access drive on which the structure fronts and the structure. Further, a maximum of 20% of the remaining parking spaces may be located between the street/access drive and the structure (beyond the corners of the main facade) and to the side of the structure in the area that would be considered the front yard. A parking layout that locates parking in either of these two areas must satisfy the following standards:

Notwithstanding the provisions of Subsection (4), a use that has frontage on Route 1, Route 137 or Route 141, and that requires 40 or more parking spaces, may locate a maximum of 20% of the parking spaces in the area between the structure and the respective road identified above, regardless of the street or interior access road to which the structure is oriented. All other parking spaces shall be located in an area that is not located between the structure and the respective road identified above.

Notwithstanding the provisions of Subsections (2)-(5), the Code Enforcement Officer or the Planning Board may allow a use that has special customer service demands, such as but not limited to a lumber yard or a hotel, to locate a greater percentage of the parking to the front of the structure, including the area between the structure and Route 1, Route 137 or Route 141. The Code Enforcement Officer or the Planning Board must make a finding that the specific needs of this use require that a greater percentage of the parking spaces be located to the front of the structure, and that locating spaces to the front of the structure does not adversely affect internal circulation on the site. The Code Enforcement Officer or the Board may require compensatory measures, such as but not limited to, additional landscaping, berms, fencing, or similar amenities, as a condition of allowing a greater percentage of the parking to occur to the front of the building.

Any new nonresidential structure that is built on or after August 19, 2001, that is located in the Searsport Avenue Waterfront District shall comply with the parking standards identified in Subsections (2)-(6), unless the Code Enforcement Officer or the Planning Board makes a finding that a greater amount of parking may be located in front of the structure, pursuant to Section 102-1276, to allow for the preservation of public views of the water. The Code Enforcement Officer or the Planning Board may allow up to 100% of the parking in the Searsport Avenue Waterfront District to be located to the front of the building if the Code Enforcement Officer or the board finds that this parking layout will allow public views of the water.

Uses that require a significant amount of parking, more than 75 vehicles, shall use parking cells to assist in managing the visual impact and scale of the parking areas. The Code Enforcement Officer or the Planning Board shall use the following guidelines to implement this provision:

All parking lots in excess of 10 spaces shall be paved, unless the Code Enforcement Officer or Planning Board authorizes the use of gravel for the surface of the parking areas. In allowing the use of a gravel parking area, the Board shall make a finding that environmental factors, aesthetic concerns, and/or the nature of customer parking (for example, the amount of turnover in parking spaces and the frequency of use of the parking areas), warrants the use of a gravel surface.

The applicant shall provide an eight-foot wide landscaped strip planted with canopy trees and low shrubs around the perimeter of all parking areas located to the side or rear of a structure. A minimum of one canopy tree that is equal to 10 plant units shall be provided per every 40 feet of parking lot perimeter. A minimum of two plant units of shrubs shall be provided for every 10 feet of parking lot perimeter. The vegetated buffer yards required in the front, side or rear setback area may be used to satisfy the landscape requirements for parking lots when the respective parking lot abuts the buffer yards on one or more sides. The guideline for determining plant units is defined in section 102-1249(b) and (c).

The applicant shall provide a continuous landscape strip that is a minimum of eight feet in width between every four rows (a row is one car deep) of parking which contain five or more cars per row. A minimum of one canopy tree equal to ten plant units shall be provided for each 40 feet of length or fraction thereof of the landscape strip. A minimum of two plant units off shrubs shall be provided for each 10 feet of length of the landscape strip.

The applicant shall provide the following planting islands if the size of the parking area warrants such islands:

The code enforcement officer or the planning board shall encourage and may require the use of a vegetated landscape berm to lessen the visual impact of parking areas that are located to the front or side of a structure. A landscape berm that is 30 inches or more in height shall be equal to 20 plant units per 100 lineal feet or fraction thereof of berm. A landscape berm that is 15 inches or more in height shall be equal to ten plant units per 100 lineal feet or fraction thereof of berm.

Notwithstanding the above provisions, the applicant may submit and the code enforcement officer or the planning board may consider an alternative landscape plan for the siting of landscape areas that provides an equal or greater amount of landscaping required by this division, and that addresses the goals identified in this section.

Safe unobstructed access to and from the site shall occur by providing an adequate number, design and location of access points with respect to sight distances, intersections, traffic generators, all types of vehicles having occasion to enter the site and adjoining properties.

All properties in existence on or before August 19, 2001, that have no existing curb cuts or only one existing curb cut shall be restricted to one main (two-way) curb cut onto a main road corridor or a significant other road. The code enforcement officer or the planning board, however, may allow a property with 500 feet or more of road frontage to have more than one curb cut. The code enforcement officer or the planning board also may allow a property that has frontage on more than one road corridor or significant other road to have a curb cut on one or more of these roads.

All properties that were developed on or before August 19, 2001, that have two or more existing curb cuts may retain the existing curb cuts to serve the existing development, an expanded development or a change of use, if the code enforcement officer or the planning board finds the following:

The code enforcement officer or planning board may allow the use of one or more restricted access right-turn entrance or exit only lanes for a site, provided that the code enforcement officer or the board makes the following findings:

The applicant shall provide adequate separation between all curb cuts. The code enforcement officer or planning board shall use the following guidelines to identify the amount of separation required between curb cuts:

All means of ingress/egress (site access points) onto a public road shall be designed according to the following standards of safe sight distance. The code enforcement officer or planning board, however, shall not use this section as the sole criterion for rejecting an application unless all possible means of ingress/egress are deemed to be unsafe due to poor sight distances. Sight distance shall be measured both from the perspective of a vehicle sitting in the entrance viewing vehicles traveling on the road and from the perspective of a vehicle traveling on the road viewing a vehicle in the entrance.

The applicant shall provide direct connections and safe street crossings to adjacent land uses and properties, and allow the shared use of these connections, unless the code enforcement officer or planning board deems that one or more of the potential connections are not appropriate. The direct connection(s) shall involve the construction of the needed access way or the reservation of the right-of-way to an adjacent parcel. If the project involves the reservation of a right-of-way, the code enforcement officer or planning board may require the applicant to escrow funds to construct the access connection at a future date.

An applicant shall identify how bicycle and pedestrian access to the site can occur, and shall examine the amount of bicycle and pedestrian use of the site that may occur. This analysis shall consider the extent of bicycle and pedestrian facilities that exist in the area at the time of application, the potential need for such facilities in the area, City or state plans to construct or designate bicycle and pedestrian facilities in the area, and how bicycle and pedestrian use of the area can be achieved. The code enforcement officer or planning board shall review this analysis and determine if the applicant must construct improvements to facilitate bicycle or pedestrian access to the site.

To the maximum extent practical, pedestrians and vehicles shall be separated through the provision of a sidewalk or walkway. Where complete separation of pedestrians and vehicles is not feasible, potential hazards shall be minimized by using landscaping, special paving, striping, signage, and other means to clearly delineate pedestrian areas.

The applicant shall provide unobstructed vehicular access to and from a public street for all off-street parking spaces, and shall provide well-defined circulation routes for vehicles, pedestrians and bicycles. Further, all entrances and exits to the site and any parking area shall be located an adequate distance from the public way to eliminate queueing of motor vehicles into the public way.

Standard traffic control signs and devices shall be used to direct traffic where necessary throughout the site and the parking areas.

The site layout and design shall anticipate the needs of users and provide continuity between vehicular circulation, parking, pedestrians, and bicycle circulation. Pedestrian drop-off areas shall be provided where needed, particularly for uses that serve children or the elderly.

The site layout and design shall consider how truck circulation will occur throughout the site, and shall ensure that such circulation does not adversely impact vehicular, pedestrian and bicycle safety. All loading and off-loading areas shall occur in locations or at times that do not affect public safety.

The applicant, if deemed appropriate by the code enforcement officer or planning board, shall provide amenities, such as bicycle racks, to encourage bicycle use.

Water supply. The use shall have a water supply of adequate quality and quantity. A water supply may be a private well, a central water supply approved by the state department of human services, or a public water supply. An applicant shall be required to connect to the public water supply unless the code enforcement officer or planning board, after consultation with the City water district, determines that the location of the nonresidential use, and the volume of water that the nonresidential use would use, does not allow for a financially reasonable connection to a public water system, and provided that an adequate quality and quantity private source of water can be provided.

Fire protection. A use that connects to the public water system shall install all needed infrastructure, including fire hydrants, as determined by the code enforcement officer or planning board in consultation with the fire chief, to provide an adequate source of water for fire fighting purposes. If the nonresidential use does not connect to the public water supply, the applicant shall identify how fire protection services may be provided. The code enforcement officer or planning board may require an applicant to construct ponds and dry hydrants to provide for adequate water storage for fire-fighting purposes, or may require an applicant to use construction practices that reduce the risk of a fire.

Sewage disposal. The use shall have an approved method of sewerage disposal. Private sewage disposal may be used provided the system satisfies City subsurface wastewater disposal ordinance and state requirements. No permanent use may use portable toilets for sewage. Public sewage disposal may be used subject to approval of the City. A nonresidential use located within 750 feet of a public sewer system shall connect to the system unless the code enforcement officer or planning board determines the cost of the extension is prohibitive for the use proposed and a good quality method of private sewage disposal can be provided.

Utility services. All electric, telephone, television, and similar service shall be located underground, unless the code enforcement officer or planning board determines that the underground service is cost prohibitive, that it may adversely impact natural resource features on the site, or that there are well located existing overhead services to this site and adjacent properties and that the use of overhead service to this site would not adversely affect the character of the area.

Miscellaneous telecommunication equipment. All satellite dishes, microwaves, and similar structures used for transmission or reception purposes shall be located to minimize adverse visual impacts. The code enforcement officer or planning board shall consider the functional requirements for this equipment in rendering a decision regarding the location of such equipment.

Excessive noise at unreasonable hours shall be required to be muffled so as not to be objectionable due to intermittence, beat, frequency, shrillness or volume (refer to table below). The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced by any industrial or other nonresidential uses (all nonresidential uses other than industrial activities) regulated by this division shall be established by the time period and type of land use listed below. Sound pressure levels shall be measured on a sound level meter at all major lot lines of the proposed site, at a height of at least four feet above the ground surface.

No person shall engage in, cause, or permit any person to be engaged in very loud construction activities on a site (active construction area) located within 750 feet of any residential use between the hours of 8:00 p.m. of one day and 7:00 a.m. of the following day. Construction activities shall be subject to the maximum permissible sound level specified for industrial districts for the periods within which construction is to be completed pursuant to any applicable building permit. The following uses and activities shall be exempt from the sound pressure level regulations:

Background spaces like parking shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and/or protecting people and property. Foreground spaces, such as building entrances and plaza seating areas, shall use local lighting that defines the space without glare.

Light sources shall be concealed and fully shielded and shall feature sharp cut-off capability so as to minimize up-light, spill-light, glare and unnecessary diffusion on adjacent property.

The style of light standards and fixtures shall be consistent with the style and character of architecture proposed on the site. Poles shall be anodized or otherwise painted to minimize glare from the light source.

Light sources must minimize contrast with the light produced by surrounding uses, and must produce an unobtrusive degree of brightness in both illumination levels and color rendition. Incandescent and high pressure sodium light sources all can provide adequate illumination with low contrast and brightness and are permitted light sources if the light source is consistent with the other standards.

Light levels measured 20 feet beyond the property line of the development site shall not exceed 0.1 footcandle as a direct result of the on-site lighting.

Upon request of the applicant, the code enforcement officer or planning board may approve an alternative lighting plan that may be substituted in whole or in part for a plan that satisfies the specific standards of this section, provided that the alternative lighting plan is found to be consistent with the purposes of this section 102-1259.

The applicant shall properly collect, store and dispose of any hazardous wastes that may be generated by use of the site. The applicant shall comply with all applicable state and federal requirements in the collection, storage and disposal of such wastes and shall inform the City code enforcement officer and City fire chief of the approved method to handle such wastes and any orders that may be issued regarding the handling of such wastes.

The applicant shall identify if there are any known hazardous wastes located on the site that is proposed to be developed. If hazardous wastes are identified, the applicant shall prepare a plan that complies with all state and federal requirements regarding the management of such wastes during the construction and operation of the site. The code enforcement officer or planning board must approve this plan to allow development of the site.

Further, if any development of the site results in the discovery of any unanticipated hazardous materials, the applicant shall immediately alert the City code enforcement officer and state department of environmental protection of the presence of hazardous materials, and shall immediately cease construction activities in the affected area until a course of action to correct the problem is identified.

The code enforcement officer or planning board shall require the applicant to participate in the construction or funding of municipal infrastructure and/or service system improvements when it is demonstrated the applicant's proposed development will result in an adverse impact or decline in the level of service of any existing municipal or state infrastructure system or service. The code enforcement officer or planning board is authorized to perform the following actions:

The code enforcement officer or planning board shall use the following guidelines in making this decision:

Site restabilization. An applicant that is disturbing more than 20,000 square feet of land in any area of the City, or any amount of land in a sensitive area, such as in the Shoreland Zone, shall post an escrow account or irrevocable letter of credit with the City to pay the estimated cost equal to City expenses to regrade, stabilize, reseed, or revegetate a site disturbed by construction activities if the project is not completed. Escrow funds shall be deposited in an account established specifically for this project. The guarantee is subject to release by the City upon a written finding from the code enforcement officer or City engineer that all plan requirements have been satisfied and an occupancy permit issued. The City may expend funds from the guarantee upon a written determination from the code enforcement office or City engineer that project activities, such as site clearing and grading, have been started, but no further construction activity has occurred. A City decision to expend funds only will be made sooner than one year after issuance of the building permit if the code enforcement officer or City engineer determines the applicant's failure to restabilize the site will result in significant adverse impacts on the site or surrounding properties.

Public improvements. An applicant that is required to make improvements to public facilities and infrastructure as a condition of project approval shall post a performance guarantee that consists of one of the following:

Nonpublic improvements. An applicant that is required to make on-site nonpublic improvements as a condition of approval on a use permit shall not be issued an occupancy permit by the code enforcement officer until all nonpublic improvements are constructed to the standards identified on the approved plan. The code enforcement officer may require an applicant to provide a certificate from a civil engineer or to pay the cost of City engineer to certify that all improvements have been constructed to the standards identified on the approved plan.

The loading facility and area shall be located to the side or rear of the main structure and shall not be visible from a main public access road. Further, the applicant shall discourage public/customer use of the area that is devoted to loading facility operations.

The loading facility shall be screened from any abutting residential uses and the operation of such facilities shall not cause noise, odors, light, or similar adverse impacts on abutting residential uses. The applicant shall install fencing, landscaping, berming or similar improvements, and shall locate the facility an adequate distance from the abutting property line to minimize the amount of potential adverse impacts. Further, the owner shall control the noise and odors generated by trucks that are using the loading facility.

The applicant shall not use any containerized van that is not incorporated into the structure as a method of storing any materials. Further, such vans shall not be kept on a site for a period longer than is necessary to load or unload the containerized van.

A drive-through window (including the order window, board or area and the pick-up window) and service window shall not be located on the side of the building that faces the main public access road or an internal service road.

A drive-through window (including the order window, board or area and the pick-up window) and service window shall not be located to the front of the building, and shall be located to the side or rear of the building.

The queueing lane for a drive-through window or service window shall be separated from the remainder of the site and the parking area by a raised island that is a minimum of eight feet in width and which is attractively planted to create a visual buffer.

The level of noise generated from a service window or order station shall not cause an adverse impact on any abutting residential property.

The City has identified the preservation of public views of the water from Searsport Avenue (Route One) as an important public value. The City shall require an applicant that proposes the construction of a new nonresidential structure or the expansion of a nonresidential structure that existed on or before August 19, 2001, to identify any public views of the water from Searsport Avenue that exist at the time of the application for a use permit, and how the public view, if any, would be impacted by the proposed structure. The planning board shall use this view assessment and other information that may be provided regarding the public view of the water from Searsport Avenue to decide if there is a public view that warrants preservation, and if the City should apply flexibility in the application of certain standards established by this chapter to achieve the preservation of this view.

To assist the City in accomplishing the preservation of public views of the water along Searsport Avenue, the City authorizes the planning board to exercise flexibility regarding the following standards that apply to the Searsport Avenue Waterfront District. The planning board may use one or more of these options to assist in the preservation of a public view.

Any nonresidential use or structure in the Office Park District that is constructed on or after August 21, 2001, that has a structure that abuts a property located in any zoning district other than the Route 3 Commercial District or the Office Park District shall satisfy the following minimum buffer yard requirements:

Any new nonresidential use or structure in the Office Park District that is constructed on or after August 21, 2001, that has a structure that abuts properties only in the Route 3 Commercial District or the Office Park District shall satisfy the following minimum buffer yard requirements:

Any expansion of a structure or use that existed on the date of adoption of the Ordinance from which this division derives (June 7, 2001), shall comply with the minimum buffer yard requirements established in subsections (a) and (b) above to the greatest extent practical, as determined by the code enforcement officer or planning board.

The amount of the buffer yard must be located on property owned or controlled by the owner, and shall not include any of the land area located within an established right-of-way for determining the amount of buffer yard. The only structures permitted in the buffer yard, when there is no practical alternative as determined by the code enforcement officer or planning board, are utilities and essential services.

Any new nonresidential structure or use or expansion of an existing nonresidential structure or use that is built or established on or after August 21, 2001, and that directly abuts a property or properties located in any zoning district other than the Route 3 Commercial District or the Office Park District shall comply with the following minimum planting requirements for the buffer yard area. The applicant shall provide the minimum amount of plant units per 100 lineal feet or fraction thereof (as measured in ten foot increments) for the buffer yards identified in this subsection. For the purposes of implementing this section, the number to the left in the following chart is the amount of plant units that an applicant must provide, and the number to the right is the guideline that the applicant and planning board or code enforcement officer should use for the amount of such plant units that should be canopy trees. The City, however, recognizes that all sites are not the same, and that a landscape plan and plantings may be unique to a respective site. The City encourages flexibility to ensure all plantings enhance site appearance and are harmonious with all structures and uses on the site and with abutting sites and uses, and grants the code enforcement officer or planning board, when it deems appropriate, the authority to alter the amount of specific types of plant units identified in the guidelines (the right side column).

Any new nonresidential structure or use expansion of an existing nonresidential structure or use that is built or established on or after August 21, 2001, and that abuts only other properties located in the Office Park District or the Route 3 Commercial District shall comply with the following minimum planting requirements for the buffer yard. The applicant shall provide the minimum amount of plant units per 100 lineal feet or fraction thereof (as measured in ten foot increments) for the buffer yards identified in this section 102-1303. For the purposes of implementing this section, the number to the left in the following chart is the amount of plant units that an applicant must provide, and the number to the right is the guideline that the applicant and planning board or code enforcement officer should use for the amount of such plant units that should be canopy trees. The City, however, recognizes that all sites are not the same, and that a landscape plan and plantings may be unique to a respective site. The City encourages flexibility to ensure all plantings enhance site appearance and are harmonious with all structures and uses on the site and with abutting sites and uses, and grants the code enforcement officer or planning board, when it deems appropriate, the authority to alter the amount of specific types of plant units identified in the guidelines (the right side column).

A nonresidential use that obtained a use permit before August 21, 2001, or that occupies a structure constructed before August 21, 2001, that proposes to expand the use or structure or change the use, or a nonresidential use that obtained a use permit on or after August 21, 2001, and that occupies a structure constructed before August 21, 2001, that proposes to expand the use or structure or change the use, that cannot fully satisfy the above landscaping requirements for buffer yards (reference subsections (b) and (c)) shall satisfy these landscaping of buffer yard requirements to the greatest extent practical. The code enforcement officer or planning board shall determine if an existing use or structure cannot satisfy these landscaping requirements and what constitutes greatest extent practical. The code enforcement officer or planning board may require additional plantings, fencing, larger buffer yards, or similar measures to compensate for the applicant providing less than the amount of landscaping required.

A new use or nonresidential structure, particularly an industrial structure, that does not fully comply with the structure design guidelines identified in section 102-1305, shall provide a minimum of 1.5 times the amount of front and side buffer yard plantings as required in this subsection, subsections (b) and (c).

The required buffer yards shall be landscaped to present an attractive appearance to the site, particularly the front buffer yard and the entrance, and to provide a vegetative screen for the site from abutting uses, particularly residential uses.

All side and rear buffer yards shall be preserved in their natural states, insofar as practical and appropriate, by minimizing tree removal, and by controlling any grade changes so that they are compatible with the general appearance of neighboring developed areas. The applicant shall submit a landscape plan for all buffer yards, preferably prepared by a landscape architect licensed in the State of Maine. The code enforcement officer or planning board may require the submittal of alternative landscape plans if it determines that site conditions warrant consideration of landscaping alternatives.

For purposes of this subsection, a "canopy tree" is a deciduous tree that reaches at least 35 feet in height at maturity and at time of planting has a minimum 2.5 inch caliper as measured six inches above the ground and a height of at least eight feet. An "evergreen tree" reaches 10 feet to 35 feet in height at maturity and at time of planting has a minimum of 2.5 inch caliper as measured six inches above the ground and a minimum height of at least six feet. A "small flowering tree" is a decorative or ornamental tree (example, flowering crab) that reaches a height of greater than eight feet at maturity and at time of planting has a minimum 1.5 inch caliper as measured six inches above ground and a height of a least six feet. A "shrub" reaches two to 10 feet in height at maturity and at planting shall be at least 18 inches in height. A "flower garden" is a label attached to an area that measures at least 50 square feet in size and that contains a variety of annual or perennial flowers and/or ground cover plantings.

The species of vegetation identified in subsection (b) above, shall have the following values for the purposes of determining compliance with the planting requirements for the buffer yards:

All landscaping materials planted in the buffer yard shall be well maintained and any plants which die shall be replaced within one growing season. Any mature tree which was used to satisfy the required number of plant units which dies within five years of the issuance of a permit shall be replaced with two canopy or evergreen trees within one growing season of the time the mature tree dies. The code enforcement officer or planning board shall have the authority, as a condition of permit approval, to require the applicant to provide a schedule and program to maintain all site landscaping.

Structure orientation. New structures must be well oriented to site characteristics and preferably should present their "best face" toward the main access road (Route 3, Route 52 or Crocker Road) on which the structure fronts. Further, if the site uses an interior access drive for its main access, and the structure is oriented to this access drive, the applicant shall present "attractive faces" on both the main access road and the interior access drive. This approach routinely includes the construction of an entrance and accompanying sidewalk on the side of the best face, and on any side that faces a public street or service road. No blank facades, service doors or loading areas (potential exceptions for auto service and repair facilities) shall be located on the side facing the main access road or an interior access drive.

Facades and exterior walls. Facades and exterior walls shall comply with the following requirements:

Roof design. The shape of the roof shall complement the building style proposed by the applicant and shall present an attractive appearance. The shape of the roof shall also consider the shape of roofs on structures to which it is visually related. The City requires that all roofs have no less than two of the following features, and expressly prohibits any long run of a flat roof design:

Building materials and colors. The type and color of materials used shall complement the building style proposed by the applicant and shall present an attractive appearance. The color and texture of materials used shall consider the colors and texture of materials used on structures to which it is visually related.

Entryways. The entryways to the building shall complement the building style proposed by the applicant, the relationship of the building to the site access, and shall present an attractive appearance, and a functional entrance.

Each structure or use on a site shall have clearly defined, highly visible customer entrances featuring no less than three of the following: canopies or porticos, overhangs, recesses/projections, arcades, raised corniced parapets over the doors, peaked roof forms, arches, outdoor patios, display windows, architectural details that are integrated into the building structure and design, or integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

Buildings of special merit. The City recognizes that an applicant may choose to propose a building design that satisfies the intent of the City requirement for an attractive building design, but that does not satisfy one or more of the criteria identified in this section. The code enforcement officer or planning board shall have the authority to allow an alternative building design for a building of "special merit" that satisfies the intent of this standard, and, in the findings of the code enforcement officer or planning board, positively contributes to the character of the Route 3 area and the City.

A use that requires 40 or less parking spaces may locate a maximum of 10 spaces to the front of the building, provided that the following standards are met:

Notwithstanding the provisions of subsection (1), a use that has frontage on any of the following, Route 3, Route 52 or Crocker Road, and that requires 40 or less parking spaces, may locate a maximum of 10 spaces in the area between the structure and any one of the above roads/streets, regardless of the street or interior access road to which the structure is oriented. All other parking spaces shall be located in an area that is not located between the structure and any of the following, Route 3, Crocker Road and Route 52.

A use that requires 41 or more parking spaces may locate a maximum of 20% of the parking spaces in the areas located directly in front of the structure (corners of the main facade) in the area between the street/access drive on which the structure fronts and the structure, and in the area located between the street/access drive and the structure (beyond the corners of the main facade) and to the side of the structure in the an area that would be considered the front yard. A parking layout that locates parking in either of these two areas must satisfy the following standards:

Notwithstanding the provisions of subsection (5), a use that has frontage on any of the following, Route 3, Route 52, or Crocker Road, and that requires 40 or more parking spaces, may locate a maximum of 20% of the parking spaces in the area between the structure and any one of the above roads, regardless of the street or interior access road to which the structure is oriented. All other parking spaces shall be located in an area that is not located between the structure and any of the following, Route 3, Route 52, and Crocker Road.

Uses that require a significant amount of parking, more than 75 vehicles, shall use parking cells to assist in managing the visual impact and scale of the parking areas. The code enforcement officer or planning board shall use the following guidelines to implement this provision:

All parking spaces shall be paved, unless the code enforcement officer or planning board authorizes the use of a gravel parking lot for environmental considerations.

The applicant shall provide an eight-foot wide landscaped strip planted with canopy trees and low shrubs around the perimeter of all parking areas located to the side or rear of a structure. A minimum of one canopy tree that is equal to ten plant units shall be provided per every 40 feet of parking lot perimeter. A minimum of two plant units of shrubs shall be provided for every 10 feet of parking lot perimeter. The vegetated buffer yards required in the front, side or rear setback area may be used to satisfy the landscape requirements for parking lots when the respective parking lot abuts the buffer yards on one or more sides. The guideline for determining plant units is defined in section 102-1304(b) and (c).

The applicant shall provide a continuous landscape strip that is a minimum of eight feet in width between every four rows of parking which contain five or more cars per row. A minimum of one canopy tree equal to ten plant units shall be provided for each 40 feet of length or fraction thereof of the landscape strip. A minimum of two plant units of shrubs shall be provided for each 10 feet of length of the landscape strip.

The applicant shall provide the following planting islands if the size of the parking area warrants such islands:

The code enforcement officer or planning board shall encourage and may require the use of a vegetated landscape berm to lessen the visual impact of parking areas that are located to the front or side of a structure. A landscape berm that is 30 inches or more in height shall be equal to 20 plant units per 100 lineal feet or fraction thereof of berm. A landscape berm that is 15 inches or more in height shall be equal to ten plant units per 100 lineal feet or fraction thereof of berm.

Notwithstanding the above provisions, the applicant may submit and the code enforcement officer or planning board may consider an alternative landscape plan for the siting of landscape areas that provides an equal or greater amount of landscaping required by this division.

Safe unobstructed access to and from the site shall occur by providing an adequate number, design and location of access points with respect to sight distances, intersections, traffic generators, all types of vehicles having occasion to enter the site and adjoining properties.

All properties in existence on or before August 21, 2001, that have no existing curb cuts or only one existing curb cut shall be restricted to one main (two-way) curb cut onto Route 3, Route 52 or Crocker Road. The code enforcement officer or planning board, however, may allow a property with 500 feet or more of road frontage to have more than one curb cut. The code enforcement officer or the planning board also may allow a property that has frontage on more than one road corridor or significant other road to have a curb cut on one or more of these roads.

All properties that were developed on or before August 21, 2001, that have two or more existing curb cuts may retain the existing curb cuts to serve the existing development, an expanded development or a change of use, if the code enforcement officer or planning board finds the following:

The code enforcement officer or planning board may allow the use of one or more restricted access right-turn entrance or exit only lanes, provided that the code enforcement officer or planning board makes the following findings:

The applicant shall provide adequate separation between all curb cuts. The code enforcement officer or planning board shall use the following guidelines to identify the amount of separation required between curb cuts:

All means of ingress/egress (site access points) onto a public road shall be designed according to the following standards of safe sight distance. The code enforcement officer or planning board, however, shall not use this section as the sole criterion for rejecting an application unless all possible ingresses/egresses are deemed to be unsafe due to poor sight distances. Sight distances shall be measured both from the perspective of a vehicle sitting in the entrance viewing vehicles traveling on the road and from the perspective of a vehicle traveling on the road viewing a vehicle in the entrance.

The applicant shall provide direct connections and safe street crossings to adjacent land uses and properties, and allow the shared use of these connections, unless the code enforcement officer or planning board deems that one or more of the potential connections are not appropriate. The direct connection(s) shall involve the construction of the needed access way or the reservation of the right-of-way to an adjacent parcel. If the project involves the reservation of a right-of-way, the code enforcement officer or planning board may require the applicant to escrow funds to construct the connection at a future date.

An applicant shall identify how bicycle and pedestrian access to the site can occur, and shall examine the amount of bicycle and pedestrian use of the site that may occur. This analysis shall consider the extent of bicycle and pedestrian facilities that exist in the area at the time of application, the potential need for such facilities in the area, City or state plans to construct or designate bicycle and pedestrian facilities in the area, and how bicycle and pedestrian use of the area can be achieved. The code enforcement officer or planning board shall review this analysis and determine if the applicant must construct improvements to facilitate bicycle or pedestrian access to the site.

To the maximum extent practical, pedestrians and vehicles shall be separated through the provision of a sidewalk or walkway. Where complete separation of pedestrians and vehicles is not feasible, potential hazards shall be minimized by using landscaping, special paving, striping, signage, and other means to clearly delineate pedestrian areas.

The applicant shall provide unobstructed vehicular access to and from a public street for all off-street parking spaces, and shall provide well-defined circulation routes for vehicles, pedestrians and bicycles. Further, all entrances and exits to the site and any parking area shall be located an adequate distance from the public way to eliminate queueing of motor vehicles into the public way.

Standard traffic control signs and devices shall be used to direct traffic where necessary throughout the site and the parking areas.

The site layout and design shall anticipate the needs of users and provide continuity between vehicular circulation, parking, pedestrians, and bicycle circulation. Pedestrian drop-off areas shall be provided where needed, particularly for uses that serve children or the elderly.

The site layout and design shall consider how truck circulation will occur throughout the site, and shall ensure that such circulation does not adversely impact vehicular, pedestrian and bicycle safety. All loading and off-loading areas shall occur in locations or at times that do not affect public safety.

The applicant, if deemed appropriate by the code enforcement officer or planning board, shall provide amenities, such as bicycle racks, to encourage bicycle use.

Water supply. The use shall have a water supply of adequate quality and quantity. A water supply may be a private well, a central water supply approved by the state department of human services, or a public water supply. An applicant shall be required to connect to the public water supply unless the code enforcement officer or planning board, after consultation with the City water district, determines that the location of the nonresidential use, and the volume of water that the nonresidential use would use, does not allow for a financially reasonable connection to a public water system, and that a good quality and quantity private source of water can be provided.

Fire protection. A use that connects to the public water system shall install all needed infrastructure, including fire hydrants, as determined by the code enforcement officer or planning board in consultation with the fire chief, to provide an adequate source of water for fire fighting purposes. If the nonresidential use does not connect to the public water supply, the applicant shall identify how fire protection services may be provided. The code enforcement officer or planning board may require an applicant to construct ponds and dry hydrants to provide for adequate water storage for fire-fighting purposes, or may require an applicant to use construction practices that reduce the risk of a fire.

Sewage disposal. The use shall have an approved method of sewerage disposal. Private sewage disposal may be used provided the system satisfies City subsurface wastewater disposal ordinance and state requirements. No permanent use may use portable toilets for sewage. Public sewage disposal may be used subject to approval of the City. A nonresidential use located within 750 feet of a public sewer system shall connect to the system unless the code enforcement officer or planning board determines the cost of the extension is prohibitive for the use proposed and a good quality method of private sewage disposal can be provided.

Utility services. All electric, telephone, television, and similar service shall be located underground, unless the code enforcement officer or planning board determines the underground service is cost prohibitive, that it may adversely impact natural resource features on the site, and there are well located existing overhead services to this site and to adjacent properties and that the use of overhead service to this site would not adversely affect the character of the area.

Miscellaneous telecommunication equipment. All satellite dishes, microwaves, and similar structures used for transmission or reception purposes shall be located to minimize adverse visual impacts. The code enforcement officer or planning board shall consider the functional requirements for this equipment in rendering a decision regarding the location of such equipment.

Excessive noise at unreasonable hours shall be required to be muffled so as not to be objectionable due to intermittence, beat, frequency, shrillness or volume (refer to table below). The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced by any commercial or industrial activity regulated by this division shall be established by the time period and type of land use listed below. Sound pressure levels shall be measured on a sound level meter at all major lot lines of the proposed site, at a height of at least four feet above the ground surface.

No person shall engage in, cause, or permit any person to be engaged in very loud construction activities on a site (active construction area) located within 750 feet of any residential use between the hours of 8:00 p.m. of one day and 7:00 a.m. of the following day. Construction activities shall be subject to the maximum permissible sound level specified for industrial districts for the periods within which construction is to be completed pursuant to any applicable building permit. The following uses and activities shall be exempt from the sound pressure level regulations:

Background spaces like parking shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and/or protecting people and property. Foreground spaces, such as building entrances and plaza seating areas, shall use local lighting that defines the space without glare.

Light sources shall be concealed and fully shielded and shall feature sharp cut-off capability so as to minimize up-light, spill-light, glare and unnecessary diffusion on adjacent property.

The style of light standards and fixtures shall be consistent with the style and character of architecture proposed on the site. Poles shall be anodized or otherwise painted to minimize glare from the light source.

Light sources must minimize contrast with the light produced by surrounding uses, and must produce an unobtrusive degree of brightness in both illumination levels and color rendition. Incandescent and high pressure sodium light sources all can provide adequate illumination with low contrast and brightness and are permitted light sources if the light source is consistent with the other standards.

Light levels measured 20 feet beyond the property line of the development site shall not exceed 0.1 footcandle as a direct result of the on-site lighting.

Outdoor display lots for vehicle sales and leasing shall comply with the requirements of this section. In addition, display illumination shall be reduced within 30 minutes after closing so that the remaining illumination levels are sufficient for security purposes only.

Upon request of the applicant, the code enforcement officer or planning board may approve an alternative lighting plan that may be substituted in whole or in part for a plan that satisfies the specific standards of this section, provided that the alternative lighting plan is found to be consistent with the purposes of this section 102-1314.

The code enforcement officer may use the above standards to determine if a use existing on August 21, 2001, complies with these lighting requirements. If the code enforcement officer finds that such a use does not comply, the code enforcement officer and the property owner shall examine feasible alternatives to achieve greater compliance with the requirements of this section. This may include the code enforcement officer preparing a compliance plan that requires the existing use to change existing lighting within a three-year time period of the issuance of a compliance order.

The applicant shall properly collect, store and dispose of any hazardous wastes that may be generated by use of the site. The applicant shall comply with all applicable state and federal requirements in the collection, storage and disposal of such wastes and shall inform the City code enforcement officer and City fire chief of the approved method to handle such wastes and any orders that may be issued regarding the handling of such wastes.

The applicant shall identify if there are any known hazardous wastes located on the site that is proposed to be developed. If hazardous wastes are identified, the applicant shall prepare a plan that complies with all state and federal requirements regarding the management of such wastes during the construction and operation of the site. The code enforcement officer or planning board must approve this plan to allow development of the site.

Further, if any development of the site results in the discovery of any unanticipated hazardous materials, the applicant shall immediately alert the City code enforcement officer and state department of environmental protection of the presence of hazardous materials, and shall immediately cease construction activities in the affected area until a course of action to correct the problem is identified.

The code enforcement office or planning board may require the applicant to participate in municipal infrastructure and/or service system improvements when it is demonstrated the applicant's proposed development will result in an adverse impact or decline in the level of service of any existing municipal or state infrastructure system or service. The code enforcement officer or planning board is authorized to perform the following actions:

The code enforcement officer or planning board shall use the following guidelines in making this decision:

Site restabilization. An applicant that is disturbing 20,000 square feet of land in any area of the City, or any amount of land in a sensitive area, such as a Shoreland Zone, shall post an escrow account or irrevocable letter of credit with the City to pay the estimated cost equal to City expenses to regrade, stabilize, reseed, or revegetate a site disturbed by construction activities if the project is not completed. Escrow funds shall be deposited in an account established specifically for this project. The guarantee is subject to release by the City upon a written finding from the code enforcement officer or City engineer that all plan requirements have been satisfied and an occupancy permit issued. The City may expend funds from the guarantee upon a written determination from the code enforcement office or City engineer that the project activities, such as site clearing and grading have been started, but no further construction activity has occurred. A City decision to expend funds will only be made sooner than one year after issuance of the building permit if the code enforcement officer or City engineer determines the applicant's failure to restabilize the site will result in significant adverse impacts on the site or surrounding properties.

Public improvements. An applicant that is required to make improvements to public facilities and infrastructure as a condition of project approval shall post a performance guarantee that consists of one of the following:

Nonpublic improvements. An applicant that is required to make on-site nonpublic improvements as a condition of approval on a use permit shall not be issued an occupancy permit by the code enforcement officer until all nonpublic improvements are constructed to the standards identified on the approved plan. The code enforcement officer may require an applicant to provide a certificate from a civil engineer or to pay the cost of City engineer to certify that all improvements have been constructed to the standards identified on the approved plan.

The loading facility and area shall be located to the side or rear of the main structure and shall not be visible from a main public access road. Further, the applicant shall discourage public/customer use of the area that is devoted to loading facility operations.

The loading facility shall be screened from any abutting residential uses and the operation of such facilities shall not cause noise, odors, light, or similar adverse impacts on abutting residential uses. The applicant shall install fencing, landscaping, berming or similar improvements, and shall locate the facility an adequate distance from the abutting property line to minimize the amount of potential adverse impacts. Further, the owner shall control the noise and odors generated by trucks that are using the loading facility.

The applicant shall not use any containerized van that is not incorporated into the structure as a method of storing any materials. Further, such vans shall not be kept on a site for a period longer than is necessary to load or unload the containerized van.

Number of driveways. Notwithstanding access control standards identified in Chapter 98, Technical Standards, Section 98-154(f), a property on which an accessory dwelling unit in a detached structure is constructed shall have no more than one two-way driveway or two one-way driveway openings (one for egress and one for ingress) on the property. The accessory dwelling unit in a detached structure shall use the same driveway opening that serves the single family residence on the property. The exception to this standard is if two or more properly permitted (two-way) driveway openings existed on the property at the time that an application is submitted to construct an accessory dwelling unit in a detached structure.

If a property is subject to Maine Department of Transportation access management requirements, the property owner shall provide evidence to the City Code Enforcement Officer that the state has issued any driveway or entrance permit that may be required. The property owner also shall provide evidence that the City of Belfast Superintendent of Public Works has approved any road opening or driveway entrance permit that may be required.

Turn-around requirement. If the posted speed limit is 31 mph or greater on the street on which a driveway opening is located for an accessory dwelling unit in a detached structure, the property shall include a properly constructed driveway that supports a vehicle being able to turn around on said property so that a vehicle does not need to back out onto the adjacent street to exit the property.

Public sewer service.

Subsurface wastewater disposal system.

Number of driveways.

Turn-around requirement. If the posted speed limit is 31 mph or greater on the street on which any driveway opening (curb-cut) is located for a multi-family dwelling structure, the driveway(s) and accompanying parking areas shall include a turn-around area for vehicles on the property so that a vehicle does not need to backout onto the adjacent street to exit the property. In all areas in which the speed limit is 30 mph or less, the Planning Board shall require the applicant/owner to construct the driveway(s) and accompanying parking areas to include a similar turn-around area for vehicles, unless the Board determines that the lay-out of the property and potential constraints, such as but not limited to the topography of the site, the location of on-site wetlands or floodplains, and the geometry of the adjacent street, makes this approach unworkable.

A property that is used for a multi-family dwelling structure shall comply with the minimum lot size requirements identified for the respective zoning district identified in Article V, District Regulations, of this chapter.

If a property is located in a shoreland zoning district, the property shall comply with all shoreland lot size and shore frontage requirements to allow the construction of three or more dwelling units (multi-family housing) on the property; reference Chapter 82, Shoreland Zoning, for lot size and shore frontage requirements that apply to the respective shoreland zoning district.