Brunswick City Zoning Code

3.1.1. Abbreviations Used in the Permitted Use Table.

The Permitted Uses, Conditional Uses, Prohibited Uses, Accessory Uses and Temporary Uses in each zoning district are indicated in Tables 3.2 and 3.3. Additional overlay standards regulating property use contained in Section 2.3 (Overlay Zoning Districts) may apply.

A.

A "P" in a cell of Tables 3.2 or 3.3 indicates that the use is permitted by-right in that zoning district, subject to compliance with the Supplemental Use Standards in the right-hand column of that line of the table.

B.

A "C" in a cell of Tables 3.2 or 3.3 indicates that the use is permitted only after the applicant obtains a Conditional Use approval pursuant to Subsection 5.2.2, and subject to the Supplemental Use Standards in the right-hand column of that line of the table.

C.

An "X" in a cell of Tables 3.2 or 3.3 indicates that the use is prohibited in that zoning district.

D.

An "A" in a cell of Tables 3.2 or 3.3 indicates that the use is only permitted accessory to a Permitted or Conditional Use subject to compliance with applicable Supplemental Use Standards noted for that use.

E.

An "Z" in a cell of Tables 3.2 or 3.3 indicates that the use is permitted only after the applicant obtains a Contract Zone approval pursuant to Subsection 5.2.13, and subject to the Supplemental Use Standards in the right-hand column of that line of the table.

3.1.2. Other Restrictions on Permitted Uses.

A.

A development may include multiple principal uses listed in Tables 3.2 and 3.3, including a combination of residential and nonresidential uses, provided that each use is either a Permitted Use or a Conditional Use in that zoning district, that a Conditional Use Permit is obtained for any Conditional Use, all Supplementary Use Standards applicable to each use are met, the development complies with all applicable density and dimensional standards, and all required approvals are obtained.

B.

The Code Enforcement Officer has the authority to interpret whether a proposed land use is included within the listed land use shown in Tables 3.2 or 3.3, based on its scale, character, traffic impacts, and potential impacts on surrounding properties.

C.

If the Code Enforcement Officer determines that the proposed land use is not included as a Permitted, Prohibited, or Conditional Use in Tables 3.2 or 3.3, the applicant may file an application for a zoning ordinance amendment, pursuant to Subsection 5.2.11.

D.

In addition to the use restrictions contained in the Permitted Use Table and related Supplemental Use Standards, development of former Brunswick Naval Air Station (BNAS) lands shown in Appendix G shall comply with all existing covenants and deed restrictions as contained in conveyance documents issued by the US Navy at the time of transfer and subsequently recorded. Such covenants and deed restrictions may include, but shall not be limited to, groundwater extraction, soil disturbance, and the ongoing maintenance of hazardous material remediation monitoring facilities as needed. Development of transferred former BNAS lands identified by the US Navy as being within Soils and Groundwater Management Zones shall comply with Land Use Controls established for specific sites with mapping and land use controls, as amended, provided as referenced within Appendix F.

(Ord. of 6-3-24)

Notes:

[1] Limited to passive recreation uses.

[2] Change of Use Permit required for non-medical to medical office (Table 5.2.9.B).

[3] Residential storage may be permitted in all locations where single and two-family homes are permitted without the need for a principal structure on the lot and subject to all the requirements pertaining to principal structures.

^*  No marijuana uses shall be permitted prior to January 1, 2019.

(Ord. of 6-3-24; Ord. of 10-21-24; Ord. of 7-7-25)

Notes:

[1] Limited to passive recreation uses.

[2] Change of Use Permit required for non-medical to medical office (Table 5.2.9.B).

[3] Residential storage may be permitted in all locations where single and two-family homes are permitted without the need for a principal structure on the lot and subject to all the requirements pertaining to principal structures.

(Ord. of 10-21-24; Ord. of 7-7-25)

The following standards apply to each of the uses indicated, regardless of whether that use is listed as a Permitted Use or a Conditional Use in Tables 3.2 and 3.3.

3.4.1. Principal Uses.

A.

Single- or Two-Family Dwelling.

(1)

One or two-family dwellings shall be permitted without Site Plan approval on individual lots, or as part of an Open Space Development, provided that all density requirements are satisfied.

(2)

A lot may contain more than one (1) principal residential structure, provided that each dwelling unit has sufficient area and setbacks to comply with the applicable dimensional and density requirements.

B.

Multifamily Dwelling.

(1)

Multifamily dwellings shall require Site Plan and Subdivision approval in accordance with review thresholds contained in Table 5.2.9.B herein. This includes the adding of units to any unit that contains two (2) or more dwelling units.

C.

Residence Hall.

(1)

In the GR9 district, Residence Halls are limited to properties owned and operated as Residence Halls or offices as of the effective date of this Ordinance. The conversion from office to residence hall shall require a Change of Use Permit in accordance with Subsection 5.2.1.B, in addition to approval of plans, drawings, photographs and other information deemed necessary by the Director of Planning and Development in order to establish the existing features of the exterior of the building and site, as well as the interior layout and bed capacity at time of conversion. Subsequent to the issuance of the Change of Use Permit, the approved site information shall be deemed to constitute an approved site plan.

(2)

In the GC2 district located south of Longfellow Avenue, Residence Halls shall be configured with individual kitchens, bathrooms, and living rooms. For the purposes of calculating density, each individual apartment shall constitute one (1) dwelling unit.

(3)

In the GC3 district, Residence Halls are limited to properties in use as a hotel, boarding house or restaurant as of October 15, 2001.

D.

Small Scale Telecommunications Tower. Small Scale Telecommunication Towers (not including amateur radio installations) shall comply with the following standards:

(1)

All standards in Subsection 2.3.8.D shall apply except that:

a.

Subsection 2.3.8.D(5)a does not apply; and

b.

In Subsection 2.3.8.D(5)b , the "fall zone" shall be 50 percent of the tower height instead of 100 feet.

(2)

The maximum height of any tower shall not exceed 120 feet, including antenna arrays and other attachments.

(3)

New towers shall be configured to minimize the adverse visual impact of the tower and antennas through careful design, siting, landscape screening and innovative camouflaging techniques. Innovative camouflaging techniques like stealth flagpoles, monopines (tree poles) and alternative mounting techniques like flush mounted antennas shall be used whenever possible.

(4)

A latticed or monopole tower or a tower stylistically similar to a latticed or monopole tower shall be used. Guy wires shall not be permitted.

(5)

New accessory facilities shall comply with Subsection 2.3.8.D(7) and shall be no taller than one (1) story in height. Accessory facilities shall be adjacent to the tower base unless an alternative location will be less visually obtrusive or topographic considerations require an alternative location.

(6)

Advertising and commercial signs shall not be allowed on the tower or its accessory facilities.

(7)

Signals, lights or illumination shall not be allowed on the tower unless required by the Federal Aviation Administration, Federal Communication Commission or another federal agency.

(8)

Lighting may be allowed as part of a stealth flagpole installation to properly illuminate the flag as required by the United States Code (Title 4, Chapter 1, Section 6a).

E.

Reuse of Agricultural Structures in Rural Districts. The purpose of this provision is to provide guidance to applicants and the Reviewing Authority whenever a Development Review, Conditional Use Permit, or Special Permit application involves the reuse of an agricultural structure in a Rural district. These standards are to ensure that such applications result in the preservation of the appearance of the structure as agricultural, and to ensure that the proposed development is compatible with the structure. Any agricultural structure, or portion of a structure, last legally used for the purpose of conducting agriculture, or legally converted to other uses, may be converted to another use with a Conditional Use Permit, pursuant to Subsection 5.2.2 (Conditional Use Permit) and the requirements of this Subsection. If the applicant proposes to reuse the structure for one that is permitted in the zoning district, these standards shall be applied only when the project requires Development Review. In cases where a Conditional Use Permit is necessary for the use, the Planning Board shall find that the proposed use complies with these standards in addition to the Conditional Use Permit requirements of Subsection 5.2.2:

(1)

The subject structure must be at least 1,000 square feet in size.

(2)

The proposed use may not result in an increase in vehicular traffic flow beyond that of an agricultural activity that might typically occupy a similarly sized agricultural structure.

(3)

The structure shall retain its general appearance as an agricultural structure. The structure's façade, silhouette, configuration, roof line, and exterior treatment shall render it to be readily identifiable as a former agricultural structure.

(4)

Parking areas, loading areas and drives shall be situated first on areas that are currently impervious. If the site contains preexisting parking areas, loading areas and drives, those areas shall be utilized first for those purposes. Additional parking areas, loading areas and drives shall be incorporated into existing areas.

(5)

Any application submitted under this subsection must include disclosure of any storage, handling, use or disposal of hazardous matter. The handling, storage, disposal or use of hazardous materials shall comply with all Federal, State and local laws, Ordinances, rules and regulations.

F.

Urban Agriculture. This primary use is subject to the following standards:

(1)

The keeping of farm animals, poultry and bees shall be in accordance with Chapter 3, Animals, of the Brunswick, Maine Code of Ordinances, as amended.

(2)

Structures used for the sheltering of animals and poultry, or beekeeping shall comply with applicable zoning district dimensional standards and with standards set forth in Chapter 3, Animals, of the Brunswick, Maine Code of Ordinances, as amended.

(3)

The sale of products grown on the site is permitted on the site, provided that the structure used for sales is no larger than 150 square feet and is not located in a required setback.

G.

Adult Entertainment Establishment. No Adult Entertainment Establishment may be located closer than 1,000 feet from any school, religious institution, library, dwelling unit or other Adult Entertainment Establishment. The distance of 1,000 feet shall be measured in a straight line without regard to intervening structures or objects, from the customer entrance of the adult entertainment establishment to the nearest point on the boundary of the property occupied by the school, religious institution, library, dwelling unit or other Adult Entertainment Establishment.

H.

Restaurant or Dining Facility.

(1)

In the GC3 district, restaurants or dining facilities are limited to properties in use as a hotel, boarding house, restaurant or dining facility as of October 15, 2001.

(2)

In the GC3 district, a dining facility is permitted as an accessory use within the Bowdoin College Edwards Center for Art and Dance building.

(3)

In the GA district, restaurants are only permitted in conjunction with aviation-related activities or uses.

I.

Hotel.

(1)

In the GC3 district, hotels are limited to properties in use as a hotel, boarding house or restaurant as of October 15, 2001.

(2)

In the GR6 district, hotels are limited to buildings identified as Village Review Overlay Zone contributing resources. The contributing resource may be structurally expanded by no more than 20% of the total square footage of the building existing on the effective date of this Ordinance, so long as all dimensional and other standards of this Ordinance are met. The listing of contributing resources is available through the Department of Planning and Development.

J.

Neighborhood Store. The establishment or expansion of a Neighborhood Store is subject to Minor Development Review in accordance with Subsection 5.2.9.

K.

Retail, Class I and Class II. In the GA district, Class I retail uses are only permitted in conjunction with aviation related activities or uses.

L.

Service Business, Class I and Class II. In the GA district Class I and Class II service business uses are only permitted in conjunction with aviation related activities or uses.

M.

Canopies for Outdoor Service Areas and Other Drive-Through Uses. Canopies for Outdoor Service Areas and all other canopies permitted as accessory structures to any Permitted or approved Conditional Use shall comply with the following requirements:

(1)

In all districts except the GM4 and GM5 districts, canopies shall be a single color. Corporate colors and patterns shall not be permitted on canopies, except for signs located on the canopy.

(2)

In the GM6 zoning district, canopies shall not exceed 500 square feet in size. No portion of the lighting fixture shall extend beyond the lower horizontal surface of the canopy.

N.

Vehicle Sales, Rental or Storage. The sale or display of automobiles for sale or display shall not occur within any required setback.

O.

Contractor's Space. In the GA district contractor's space uses are only permitted in conjunction with aviation related activities or uses.

P.

Industry, Class I. In the GM3 district, this use is permitted by right for properties accessed by Cressey Road or Columbus Drive, south of the limited access portion of Route 1.

Q.

Industry, Class II. In the GM3 district, this use is permitted by right for properties accessed by Cressey Road or Columbus Drive, south of the limited access portion of Route 1.

R.

Junkyard or Automobile Graveyard. Junkyards and automobile graveyards existing on or before the effective date of this Ordinance, shall comply with the requirements of 30-A M.R.S.A. § 3751-3760, as amended. Expansion of an existing junkyard is subject to approval of a Conditional Use Permit in accordance with Section 5.2.2.

S.

Marine Activity. Marine Activity uses shall comply with the following standards:

(1)

All applications for docks and wharves shall be provided to the Harbor Master for review and written comment by the Brunswick Rivers and Coastal Waters Commission prior to action taken by the Review Authority.

(2)

Proposed access from the shoreline will not cause erosion, sedimentation and/or siltation.

(3)

The proposed activities, construction, or the materials used will not adversely affect fisheries, spawning areas or other wildlife. In making this determination, the review authority shall request that the applicant submit a letter to that effect from the Brunswick Marine Resources Committee or the Maine Department of Marine Resources.

(4)

All fuel storage systems will be designed so that secondary storage areas will capture and retain any spill or leakage. Any spill or leakage shall be promptly removed.

(5)

New permanent structures, and expansions thereof, projecting into or over water bodies shall require a permit from the Maine Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C, as amended. Permits may also be required from the U.S. Army Corps of Engineers if located in navigable waters.

(6)

Boat launch facilities owned/and or managed by a public entity are permitted in all zoning districts subject to the following:

a.

Maximum impervious surface coverage shall not exceed 30 percent or the applicable zoning district standard, whichever is greater.

b.

There shall be no subsurface wastewater disposal systems within the required 125 foot setback from the upland edge of the applicable water body.

c.

There shall be no moorings, slips or fuel storage facilities.

T.

Mineral Extraction. Major Development Review approval shall be required for mineral extraction activities, in accordance with the following requirements. For mineral extraction operations existing on May 7, 1997, Major Development Review approval shall be required if the operation expands beyond the limits of excavation as of the effective date of this Ordinance.

(1)

Water Quality Impact Assessment. The applicant shall provide appropriate information such as soil borings or test pit data, collected and researched by a qualified and licensed engineer. With this information, the applicant shall demonstrate that the excavation will have no adverse impact on area water quality or supply.

(2)

Excavation Schedule. The applicant shall submit an excavation schedule and the anticipated annual yield of the operation for the duration of the scheduled operation. Phasing plans shall also be required if phasing is a part of the excavation operation. If a development permit is granted, it shall cover a specified time period. Any further operation or expansion beyond the specified date shall require a new Major Development Review approval.

(3)

Soil Protection and Erosion Control Techniques. The applicant shall include soil profiles of the land as mapped by the USDA Soils Conservation Service. This information shall be provided by a qualified soils specialist or licensed engineer.

(4)

Traffic Impact Analysis. The applicant shall submit a traffic plan and analysis for truck traffic. The plans shall include:

a.

Routes to major highways.

b.

Anticipated trips per day per truck.

c.

Weight impacts on roads.

d.

Signage at ingress/egress of property.

(5)

Reclamation Plan. The applicant shall submit a reclamation plan prepared by a qualified professional, licensed soils engineer, licensed landscape architect, and/or mining reclamation specialist or scientist. The plan must include the following:

a.

A photographic display constituting a 360-degree wide-angle view of planned mining areas. The photographs shall show the horizon with ground levels in the forefront as the land naturally exists before mining.

b.

Location of boundary lines, rights-of-ways, names of abutting property owners, area of expected operation, contour levels before and after excavation, and phasing plans if applicable.

c.

Amount of overburden to be removed, the area it is to be removed from, where it is to be stored during the excavation process, and the method of covering overburden. The overburden shall be covered if it is to be exposed to weather elements for more than 60 days.

d.

The photographic display shall provide the profile information after reclamation. The reclamation plan shall indicate the proposed uses for reclaimed land.

e.

Landscaping plans shall outline all replanting and final stabilization of the mined area. The plans shall include a list of native plants, shrubs, and trees to be planted as well as assurances that these plantings will survive in a reclamation area.

f.

Preliminary sketch of proposed use of reclaimed land after the operation closes.

g.

Long-term impacts, if any, provided by a qualified professional.

U.

Renewable Energy Generating Facility.

(1)

Wind Energy Collection Facility.

a.

Small Wind Energy System (SWES) Application (Accessory Use). A Building Permit is required for the installation of a Small Wind Energy System (SWES) as an accessory use in Growth or Rural districts. The Building Permit application shall contain the following:

i.

Description of the project including specific information on the type, size, tower type and height, rotor material and diameter, rated power output, performance, safety and noise, manufacturer and model of SWES.

ii.

Evidence that the proposed height of the SWES does not exceed the height recommended by the manufacturer of the system.

iii.

Structural drawings of the wind tower, base or foundation, prepared by the manufacturer or a professional engineer. If attachment to an existing structure is proposed, a description or drawing acceptable to the Code Enforcement Officer shall be submitted.

iv.

If connection to the publicly regulated utility grid is proposed, evidence making clear that the utility is aware of the proposed connection and finds it acceptable.

v.

Photographs of the proposed site.

vi.

A Site Plan depicting setbacks to all property lines.

vii.

Any additional information deemed necessary by the Code Enforcement Officer.

b.

Standards for SWES in All Growth and Rural Districts (Accessory Use). Small Wind Energy Systems in both the Growth and Rural districts shall be reviewed according to the following standards:

i.

An approved Building Permit from the Code Enforcement Officer is required prior to installation.

ii.

All parts of an SWES shall be set back from all property lines, public rights-of-way, overhead utility lines and all dwelling units a minimum distance equal to the total height of the system measured from the ground to the systems highest point or the minimum setback of the district in which the system is located, whichever is greater.

iii.

Unless otherwise conditioned in subsections c and d below, an SWES shall not exceed the noise standards set forth in Subsection 4.14.1.C.

iv.

An SWES shall not be lighted and shall not display any signs, writing, symbols or graphic representations of any kind except appropriate manufacturer's or installer's identification and warning signs.

v.

The minimum distance between the ground and all blades of an SWES shall be 25 feet as measured at the lowest arc of the blades.

vi.

The SWES shall be designed and installed such that unauthorized public access via step bolts or a ladder is prevented for a minimum of 12 feet above the ground.

vii.

An SWES which is not generating and has not generated electricity for 12 consecutive months shall be deemed abandoned and shall be dismantled by the owner within 120 days of receipt of notice from the Town unless the SWES is not in operation due to the property being in the process of being sold. A system owner may request in writing to the Code Enforcement Officer an extension of up to one (1) year if the owner is actively pursuing the repair of the system for future use.

viii.

An SWES shall be equipped with both manual and automatic over-speed controls.

ix.

An SWES must comply with applicable town, state and federal regulations, including any necessary approvals for installations within FAA-regulated zones.

x.

All roof-mounted SWES shall be approved by an architectural engineer prior to installation.

c.

Additional Standards for SWES in Rural Districts (Accessory Use). In addition to those standards in Subsection b above, SWES as accessory uses in the Rural districts shall be reviewed according to the following standards:

i.

An SWES shall have a maximum height of 125 feet from the ground level to the system's highest point.

ii.

All components of an SWES used to generate electricity including blades and all accessory parts shall not have a diameter of more than 25 feet.

iii.

On lots less than three (3) acres in size, no more than one (1) SWES installation shall be allowed.

iv.

On lots of three (3) acres or more, up to three (3) systems shall be allowed.

d.

Additional Standards for SWES in Growth Districts (Accessory Use). In addition to those standards in Subsection b above, SWES as accessory uses in the Growth districts shall be reviewed according to the following standards:

i.

An SWES shall have a maximum height of 80 feet from the ground level to the system's highest point.

ii.

All components of an SWES used to generate electricity including blades and all accessory parts shall not have a diameter of more than 15 feet.

iii.

Roof-mounted SWES shall not exceed a height of eight (8) feet above the tallest roof ridgeline of the structure.

iv.

Decibel levels for the system shall not exceed 45 decibels (dBA) at any time, as measured from the exterior surface of an abutting residential structure existing at the time of the SWES installation. This level may be exceeded during short-term events such as utility outages and/or severe wind storms.

v.

One (1) SWES per lot shall be allowed.

e.

Wind Turbines as Primary Use.

i.

An approved Building Permit from the Code Enforcement Officer is required prior to installation.

ii.

The base of the tower shall be set back from all property lines, public rights-of-way, and public utility lines a distance equal to the total extended height.

iii.

Towers shall not exceed 200 feet in height, but shall not exceed 75 feet in height within any mapped Migratory Bird Flight Path, and shall not project into any imaginary airspace surfaces described in FAR Part 77 of the FAA guidance on airspace protection.

iv.

Sound produced by the turbine under normal operating conditions, as measured at the property line of any adjacent property improved with a dwelling unit at the time of the wind energy collection facility installation, shall not exceed 55 dba (decibels day/night average) for any period of time. The 55 dba sound level may be exceeded during short-term events out of the owner's control such as utility outages or severe wind storms.

v.

The turbine and tower shall have a nonreflective surface.

vi.

The blade tip or vane of any wind turbine shall have a minimum ground clearance of 15 feet as measured at the lowest point of the arc of the blades.

vii.

All signs on a wind turbine, tower, building or other structure associated with the system visible from any public road, are prohibited with the exception of (a) the manufacturer's or installer's identification, (b) appropriate warning signs, or (c) owner identification.

viii.

No illumination of the turbine or tower shall be allowed unless required by the FAA.

ix.

The wind turbine and tower shall be designed and installed such that unauthorized public access via step bolts or a ladder is prevented for a minimum of 12 feet above the ground.

x.

This use shall not be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator.

xi.

A wind turbine which is not generating and has not generated electricity for 12 consecutive months shall be deemed abandoned and shall be dismantled by the owner within 120 days of receipt of notice from the Town unless the wind turbine is not in operation due to the property being in the process of being sold. A system owner may request in writing to the Code Enforcement Officer an extension of up to one (1) year if the owner is actively pursuing the repair of the system for future use.

(2)

Solar Energy Collection Facilities.

a.

Ground Mounted Systems.

i.

General Standards.

(A)

Ground mounted solar energy collection facilities shall be operated, and their angles of collection controlled in accordance with Subsection 4.14.J.

(B)

Ground mounted solar energy collection facilities shall not be considered accessory to uses other than single- and two-family dwellings.

ii.

Small-Scale Ground Mounted Systems.

(A)

A ground-mounted small-scale solar energy collection system shall mean a solar-energy conversion system consisting of ground-mounted solar arrays or other solar energy fixtures, and associated control or conversion electronics, occupying no more than one-quarter (.25) acre of land.

(B)

Maximum Height: All ground-mounted small-scale solar energy collection systems shall comply with accessory building height limits as contained in Subsection 4.2.5.B(4)e. (Setback Requirements for Accessory Structures).

(C)

Setbacks: If accessory to a principal structure, ground mounted small-scale solar energy collection systems shall be located in accordance with Subsection 4.2.5.B(4)e. (Setback Requirements for Accessory Structures). If a principal use, placement of a ground-mounted small-scale solar energy collection system shall comply with all applicable zoning district setbacks. If necessary for the system's effectiveness, ground-mounted small-scale solar energy collection systems may be located within the minimum setbacks as provided for accessory structures in Subsection 4.2.5.B(4)e.

iii.

Large-Scale Ground Mounted Systems.

(A)

A ground-mounted large-scale solar energy collection system shall mean a solar-energy conversion system consisting of ground-mounted solar arrays or other solar energy fixtures, and associated control or conversion electronics, occupying over one-quarter (.25) acres.

(B)

Maximum Height: Ground mounted large-scale solar energy collection facilities shall not exceed 20 feet in height, measured from the ground level to the highest point of the facility.

(C)

Setbacks: Ground-mounted large-scale solar energy collection facilities shall be located a minimum of ten (10) feet from all property lines and other structures, or be setback a distance equal to the total height of the facility, whichever is greater. Additional setbacks may be required to mitigate visual and functional impacts.

(D)

Ground mounted large-scale solar energy collection facilities shall be screened from view from each abutting public right-of-way in accordance with Subsection 4.6.4 (Landscaping Buffers). All ancillary structures shall comply with all applicable zoning district dimensional standards.

(E)

Site lighting shall comply with Sections 4.10 (Outdoor Lighting) and 4.12 (Neighborhood Protection).

b.

Structure Mounted Systems.

i.

Solar energy collector systems may be mounted on a principal or accessory structure in any zoning district and shall be considered accessory uses.

ii.

Structure-mounted solar energy collector systems shall not exceed the maximum height permitted in the zoning district in which it is located by more than 18 inches.

iii.

Structure-mounted solar energy collector systems shall not extend more than 18 inches above the tallest roofline of a single or two-family residential structure, or, if being placed on a flat-roof, no more than three (3) feet above the roofline of a multi-family, mixed use or non-residential structure.

c.

Solar Energy Collection Systems within the Village Review Overlay District. Ground mounted or structure mounted solar energy collection systems proposed within the Village Review Overlay District shall require a Certificate of Appropriateness pursuant to subsection 5.2.8.

(3)

Geothermal Energy Collection Facilities.

a.

Accessory use geothermal energy collection facilities shall be located entirely underground, except that facilities connecting underground collection facilities to an aboveground structure are permitted provided:

i.

The facilities are located on a side or rear side of the building not abutting a public or private right-of-way unless screened by a vegetative buffer of at least 50 percent opacity at the time of installation, not to exceed six (6) feet in height;

ii.

The facilities do not exceed two (2) feet in height above grade level; and

iii.

The facilities do not extend more than two (2) feet horizontally from the building face.

b.

Primary use geothermal energy collection facilities shall be located entirely underground, except that aboveground monitoring and control equipment are permitted provided:

i.

The facilities are located on the rear one-half (.5) of the property; The equipment does not exceed four (4) feet in height above grade level; and

ii.

The facilities are screened from view from adjacent public or private rights-of-way by a vegetative buffer of at least 50 percent opacity at the time of installation, not to exceed six (6) feet in height.

V.

Agricultural Use Protections.

(1)

Agricultural Buffers. Wherever new non-agricultural development is proposed to abut existing agricultural uses, buffering and/or screening in accordance with Subsection 4.6.4 may be provided to reduce agricultural-related odors, noise and other potential nuisances related to the agricultural operation. Costs for such buffering and/or screening shall be the responsibility of the developer.

(2)

Setbacks from Existing Wells. Structures housing livestock, poultry or other farm animals shall have a minimum setback of 50 feet from any pre-existing well or drinking water supply, including those located on adjacent properties. Any new well shall be located no less than 50 feet from such structures.

(3)

Right-to-Farm. A farm, farm operation or agricultural composting operation may not be considered a public or private nuisance under Section 4.14 if the farm, farm operation or agricultural composting operation alleged to be a nuisance is in compliance with applicable state and federal laws, rules and regulations, as well as 7 M.R.S.A. § 153 (Maine Agricultural Protection Act), as amended. A farm, farm operation or agricultural composting operation shall comply with applicable dimensional and density standards for the underlying zoning district.

(4)

Required Disclosure. In the case of any proposed residential development abutting an agricultural use, the Review Authority shall require the applicant to issue and distribute a written disclosure to potential purchasers of lots or dwelling units as follows: "This property adjoins lands used for agricultural purposes. Farmers have the right to apply approved chemicals and organic fertilizers, pesticides and herbicides and to engage in farming operations which may generate dust, odor, smoke, noise and vibration." This disclosure shall be required as a note on a subdivision or site plan. This subsection may also be applied to any nonresidential development at the discretion of the Review Authority.

W.

Marijuana Uses.

(1)

Indoor Use. All marijuana uses, as defined in Section 1.7.2 Definitions and regulated in Table 3.2: Growth Area Permitted Use Table, must be conducted indoors.

(2)

Separation Requirement. All marijuana uses, as defined in Section 1.7.2. Definitions and regulated in Table 3.2: Growth Area Permitted Use Table, may not located within 500 feet (measured at the property line) of any preexisting private or public school.

X.

Homeless Shelters.

(1)

For the purposes of calculating density:

a.

Each single household unit within any homeless shelter, apartment-style; homeless shelter, non-apartment-style; and homeless shelter, resource center shall constitute one (1) dwelling unit; and

b.

Every four (4) individual residents, not housed within a separate single household unit, within a homeless shelter, non-apartment-style and homeless shelter, resource center shall be the equivalent of one (1) dwelling unit.

c.

A change in use of an existing structure or portion thereof to any homeless shelter use shall require compliance with the maximum density of the underlying zoning district.

(2)

Parking should be provided in accordance with the following:

a.

Homeless shelter, apartment-style. One-half (½) parking space for each unit.

b.

Homeless shelter, non-apartment-style. One (1) parking space for every three (3) individual residents.

c.

Homeless shelter, resource center. Parking demand shall be determined by individually calculating the demand for each separate use. Non-residential uses such as office space shall be calculated as established in Table 4.9.1.A Minimum Number of Off-Street Vehicle Parking Spaces.

Applicants may request a reduction in the number of parking spaces required, as established in Section 4.9.4.D of the zoning ordinance.

(3)

Any applicant for a homeless shelter shall be required to submit the following:

a.

Interior floor plans. Dimensioned with spaces labeled with the proposed use.

(4)

Any homeless shelter, non-apartment style shall be dedicated for use by either unaccompanied minors under eighteen (18) years of age or adults, but not both.

(5)

Separation Requirement. Any new homeless shelter use, as defined in Section 1.7.2, Definitions, and regulated in Table 3.2 Growth Area Permitted Use Table, may not be located within 1,000 feet (measured at the property line) of any preexisting homeless shelter use. This does not apply to multiple buildings on the same parcel.

3.4.2. Accessory and Temporary Uses.

A.

Accessory Dwelling Units (ADUs).

(1)

An ADU does not require Development Review.

(2)

The creation of an ADU shall not be counted for density purposes.

(3)

ADUs are allowed on lots primarily used as single or two family residential in either a principal or detached structure.

(4)

Only one (1) ADU is permitted per lot; additional dwelling units shall be subject to density and dimensional requirements.

(5)

Where reasonably practicable, the entrance to an ADU shall be located on a different façade than that of the existing/primary dwelling unit.

(6)

The ADU shall not be greater than 1,100 square feet or 75 percent of the gross floor area of the largest dwelling unit, whichever is less. Any garage or carport floor area utilized by ADU will not count towards the total ADU square footage.

(7)

Detached ADUs shall not exceed the maximum height of the principal structure, unless constructed above a garage and all applicable dimensional standards are met.

(8)

No permit for an ADU may be issued until the applicant has provided written verification from qualified professionals that the accessory dwelling (a) will have adequate and safe water supply; and (b) will have adequate connection to wastewater services, as required by 30-A M.R.S.A. § 4364-B(7), as amended.

(9)

An ADU must be owned by the owner of the principal structure and may not be a condominium unit.

B.

Drive-through Service. In accordance with Subsection 2.1.2.F, in the GM6 District, drive-through service windows shall be allowed only as accessory to financial institutions, and shall not be located; either attached or separately constructed, between the front façade of the financial institution and the public or private right-of-way.

C.

Home Occupations. All home occupations shall comply with the standards below. Home occupations that cannot comply with these standards shall be considered non-residential activities subject to all applicable requirements of this Ordinance.

(1)

Home occupations are permitted in single or two-family dwelling units.

(2)

No more than two (2) persons other than family members residing on the premises may be employed on site at any one (1) time.

(3)

The total area onsite occupied by home occupations may not exceed 35 percent of the total gross floor area of the dwelling unit and finished portions of accessory structures associated with that dwelling unit or 750 square feet, whichever is less.

(4)

Automobile and truck traffic generated shall not be greater than 16 trips per day. No deliveries by trucks of the size typically larger than single unit trucks shall be permitted.

(5)

In Growth Residential districts:

a.

There shall be no exterior storage of materials, equipment, commercial vehicles with a Gross Vehicle Weight (GVR) rating in excess of 10,000 pounds, or other supplies used in conjunction with the home occupations; and

b.

There shall be no retail sales with the exception of internet-based sales.

(6)

No exterior alterations to an existing structure may be made in relation to the home occupation. If incorporating a home occupation in a new single or two-family dwelling unit, the structure shall maintain the appearance of a typical residential structure.

(7)

The home occupations are entitled to signage in accordance with Section 4.13.

(8)

The home occupation shall meet performance standards as contained in Section 4.14 relative to noise, traffic, nuisance, fire hazard, and other possible adverse impacts as determined by the Code Enforcement Officer.

D.

Temporary Outdoor Sales. Where permitted, temporary outdoor sales are limited to no more than four (4) events per calendar year, with no event to exceed seven (7) consecutive days in duration.

E.

Temporary Construction Office or Yard. Temporary construction offices and yards may be located on the site where construction is taking place, or on an adjacent parcel with the permission of that parcel owner, between the date that a Building Permit for the construction is obtained until no more than 30 days after a Certificate of Occupancy for the completed construction is issued, or if no Certificate of Occupancy is required for the project, then until no more than 30 days after the construction is completed.

F.

Temporary Movable Storage Container. Temporary movable storage containers on private property must be located on a driveway or paved area of the lot, if one (1) exists, and shall be in place for no more than 30 consecutive days.

G.

Temporary Real Estate Sales Office. Temporary real estate sales offices may be located on the site where a new building(s) or lot(s) is being sold or leased, or on an adjacent parcel with the permission of that parcel owner, between the date that the first Building Permit for the construction is obtained until no more than 30 days after the last portion of the building(s) or lot(s) have been leased or sold.

(Ord. of 10-21-24; Ord. of 7-7-25)