Bucksport City Zoning Code
ARTICLE V
Land Use Changes
§ 100-19 Review classification.
Changes to any land use are classified in this article as either exempt from review, or subject to Level 1 or Level 2 review. The review exemption and two review classifications are deemed appropriate and necessary to support the purposes of this chapter. Any change that may be prohibited for a specific land use is identified in the footnotes contained in § 100-18, Tables of Land Uses.
Changes subject to Level 1 review pose a minor risk of detrimental effects. An application review conducted by the Code Enforcement Officer is sufficient to ensure that any detrimental effects from these land uses will be effectively mitigated. The review procedures are described in § 100-25.
Changes subject to Level 2 review pose a greater risk of detrimental effects than uses subject to Level 1 review. An application review conducted by the Planning Board is necessary to ensure that any detrimental effects from these land uses will be effectively mitigated. The review procedures are described in § 100-28.
The Code Enforcement Officer shall identify the review classification for changes to existing land uses, except as otherwise provided for in this article. The appropriate review classification is based on the features and functions of the changes and the extent to which they must be examined to ensure that any detrimental effects are effectively mitigated.
Detrimental effects that may be considered in the identification of a review classification include, but are not limited to, the following:
Traffic hazards.
Pedestrian hazards.
Parking shortages.
Burdens on municipal services.
Damages to natural resources.
Disturbances to wildlife habitat.
Flooding or soil erosion.
Obstructions of scenic views.
Obstructions of solar gain.
Inadequate buffers or screening.
Noise disturbances.
Vibration disturbances.
Electromagnetic field disturbances.
Lighting disturbances.
Smoke or dust disturbances.
Odor disturbances.
Contamination of air, water or soil.
Development pattern conflicts.
Adverse impacts to archeological or historical sites.
Adverse impacts to coastal environments.
Damages to or loss of agricultural or forest lands.
§ 100-20 Expansion of structures or land uses.
Structures.
Any expansion of a structure is subject to review as determined in accordance with the requirements of § 100-19E.
Any expansion of a structure for the purpose of adding three or more dwelling units is subject to Level 2 review.
Any expansion of a structure in the RPO District is subject to Level 2 review.
Land uses.
Any expansion of a land use is subject to review as determined in accordance with the requirements of § 100-19E.
Any expansion of a land use that adds three or more dwelling units in a five-year period is subject to Level 2 review.
Any expansion of a land use in the RPO District is subject to Level 2 review.
§ 100-21 Rehabilitation or renovation of structures.
Any minor or major rehabilitation of a structure is subject to review as determined in accordance with the requirements of § 100-19E.
Any rehabilitation of a structure in the RPO District is subject to Level 2 review.
Any rehabilitation of a road, driveway or parking lot is not subject to review.
Any rehabilitation of a nonconforming structure is subject to compliance with the applicable provisions in § 100-71.
Any renovation of a structure is subject to Level 1 review.
§ 100-22 Relocation of structures or land uses.
Any relocation of a structure is subject to review as determined in accordance with the requirements of § 100-19E.
Any relocation of a structure in the RPO District is subject to Level 2 review.
Any relocation of a residential storage shed or similar structure is not subject to review unless the structure is relocated in any shoreland district.
Any relocation of a land use is subject to review as determined in accordance with the requirements of § 100-19E.
Any relocation of a nonconforming structure is subject to review as determined in accordance with the requirements of § 100-19E.
Any relocation of a nonconforming use is subject to Level 2 review.
§ 100-23 Reestablishment of land uses.
The reestablishment of any conforming land use is subject to the following review requirements:
Any commercial or noncommercial occupancy discontinued for less than one year may be reestablished without review.
Any commercial or noncommercial occupancy discontinued for one year but less than two years is subject to Level 1 review.
Any commercial or noncommercial occupancy discontinued for two years or more is subject to the review requirements for the establishment of the land use, as identified in § 100-18.
Any one-family, one-and-one-half-family or two-family occupancy may be reestablished without consideration of any time limits and without review, except the reestablishment is subject to Level 1 review if the residential features of the building have been removed. Residential features include a kitchen, full bathroom and at least one bedroom in each dwelling unit.
Any multifamily occupancy discontinued for two years or less may be reestablished without review, provided the residential features of the building have not been removed.
Any multifamily occupancy discontinued for more than two years or for any length of time when the residential features of the building have been removed is subject to Level 1 review.
§ 100-24 Change of use of structure or property.
Any change of use or occupancy of a structure or property is subject to review as determined in accordance with the requirements of § 100-19E.
A change of a nonconforming use to another nonconforming use is subject to Level 2 review. Proposed changes in any shoreland district are subject to compliance with the requirements of § 100-72C(1).
A change of use is not subject to review if a new land use replaces a land use with the same land use classification, unless the Code Enforcement Officer has determined that any changes to the form or function of the land use require a review in order to support the purposes of this chapter.