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Bucksport City Zoning Code

ARTICLE VIII

Specific Land Use Standards

§ 100-37 Compliance required.

All land uses identified in § 100-14 are subject to compliance with standards that are specific to each individual land use, as identified in this article. Section 100-14 land uses that are not subject to compliance with specific use standards are listed by name only.
Before any land use may be approved, the reviewing authority must determine that the land use complies with applicable specific use standards.

§ 100-38 Accessory uses.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Antennas.
Barns.
Bunkhouses.
Decks, porches, stairs, ramps.
Decks and porches are subject to a ten-foot minimum front, side and rear setback in any zoning district. In the DTS District, decks and porches are also subject to a twenty-five-foot minimum setback from the Waterfront Walkway.
Decks and porches that comply with applicable minimum setbacks for principal structures may be converted to interior floor area for an approved occupancy. Decks and porches that do not comply with minimum setbacks for principal structures may not be converted to any other use without a variance.
Stairs and ramps, with or without landings, that have a floor area of 500 square feet or less are not subject to setback requirements, except for any applicable minimum shoreline setback.
Fabric-covered shelters. Fabric-covered shelters must comply with required setbacks for structures in any shoreland district.
Fences. No fence may obstruct any scenic view as seen from a public road. This section applies to those scenic views identified in the Town's Comprehensive Plan, as adopted.
Garages.
Gazebos.
Home vehicle services.
No vehicle undergoing repair in the Compact Area may remain in a state of disassembly for more than 30 days, unless it is screened from view from any public street and from any abutting property developed with a residential use.
All waste oil and other automotive fluids must be disposed of or recycled in accordance with state regulations. No automotive fluids of any kind may be drained to the public sewer.
Huts.
Office and storage trailer. Office trailers and storage trailers must be removed from the property within 30 days after their intended use is no longer required.
Outbuildings.
Outdoor recreation.
Individual private campsites in any shoreland district must comply with the following conditions:
One campsite is allowed for every 30,000 square feet of lot area or one campsite on a nonconforming lot with less than 30,000 square feet of lot area. When an individual private campsite is proposed on a lot that contains another principal use and/or structure, the lot must contain the minimum dimensional requirements for the principal structure and/or use, and the individual private campsite separately.
The campsite location, including the area intended for a recreational vehicle site or a tent platform, must be set back 100 feet from the shoreline of a great pond or river flowing to a great pond, 75 feet from the shoreline of other water bodies or tributary streams, or 75 feet from the upland edge of a wetland, as applicable.
Only one recreational vehicle may be allowed on a campsite. The recreational vehicle may not be located on any type of permanent foundation, except for a gravel pad. No structure except a canopy may be attached to the recreational vehicle. A motor home, travel trailer, tent trailer, camp trailer or a motor vehicle with an attached slide-in camper is considered a structure and not a recreational vehicle if it is not supported by its tires and it is not registered with the Maine Bureau of Motor Vehicles. A self-supported slide-in camper is also considered a structure if it is not registered with the Maine Bureau of Motor Vehicles.
No recreational vehicle, tent or similar shelter may be used as a permanent dwelling. Any recreational vehicle in use as a seasonal dwelling must be located on the premises of a consenting private property owner for use only by members of the property owner's family or social guests.
No recreational vehicle, tent or similar structure may be placed on-site for more than 120 days per year unless the structure meets all requirements for residential structures, including connection with a subsurface wastewater disposal system in compliance with the State of Maine Subsurface Wastewater Disposal Rules or a public sewer system.
The clearing of vegetation for the location of the recreational vehicle, tent or similar shelter in the RPO District is limited to 1,000 square feet.
A written sewage disposal plan describing the proposed method and location of sewage disposal for each campsite must be submitted to and approved by the Local Plumbing Inspector. Where disposal is off-site, written authorization from the receiving facility or landowner is required.
In any shoreland district, permanently installed swimming pools, saunas and whirlpools or hot tubs, as well as any tennis court or similar structure, must comply with the required water body, tributary stream or wetland setback for structures, as applicable.
Recreational vehicles may not be occupied as a permanent dwelling. Any recreational vehicle in use as a seasonal dwelling must be located on the premises of a consenting private property owner for use only by members of the property owner's family or social guests.
Outdoor wood boilers.
Outdoor wood boilers must comply with Maine DEP regulations, 06-096 CMR Ch. 150, Control of Emissions from Outdoor Wood Boilers.
An enforcement action may be taken by the Town upon receipt of written documentation from a qualified observer that emissions from an outdoor wood boiler exceed applicable DEP emissions standards, or whenever an outdoor wood boiler is subjected to improper use or is used to burn prohibited fuels.
Patios.
Pens/corrals.
Pet shelters.
Routine property maintenance and repairs.
All property must be maintained in accordance with the requirements of the Bucksport Town Code, Chapter 29, Building Construction.
When replacing a culvert in any shoreland district, adequate erosion control measures must be taken to prevent sedimentation of the water, and the crossing may not block fish passage in the watercourse.
Sheds. In any shoreland district, one shed may be allowed on a lot at a location that is less than the required water body, tributary stream or wetland setback without a variance, provided that all of the following conditions are met:
The lot must be developed with only a residential structure.
There is no location on the lot where the shed can comply with the required setback.
The structure must be located as far from the applicable water body, tributary stream or wetland as practical and may not be located at a setback that is less than the principal structure.
The structure may be no more than 80 square feet in area and eight feet in height to the roof peak.
The structure may not be provided with utilities.
The structure may only be used for the storage of yard tools and similar equipment, or wood.
All other applicable standards, including lot coverage and vegetation clearing, must be met.
The property owner must obtain a permit from the Code Enforcement Officer.
Signs.
All signs must comply with the requirements of the Bucksport Town Code, Chapter 182, Signs.
All signs in the RPO, SPO, TBO, LRO, LRPO and RT1S Districts must also comply with the following requirements, as applicable:
Business advertising signs may not exceed six square feet in area and may not exceed two signs per premises. In the RT1S District, business advertising signs facing U.S. Route 1 may not exceed 40 square feet in area. Elsewhere in the district, business advertising signs may not exceed 16 square feet in area.
No more than two name signs are allowed per lot, totaling no more than 12 square feet in the aggregate.
Properties may display a single sign relating to the sale, rental or lease of the premises. The sign may not exceed four square feet in area, except in the RT1S District such signs facing U.S. Route 1 may not exceed 40 square feet in area.
An unlimited number of "No Trespassing" and "No Hunting" signs is allowed. Each sign may be no more than two square feet in size.
Signs relating to public safety are allowed without restriction.
No sign may extend higher than 20 feet above the ground, as measured to the top of the sign.
Signs may be illuminated only by shielded, nonflashing lights. See also § 100-35D.
Business advertising signs relating to businesses not located on the premises are prohibited.
Solar energy systems. In any shoreland district, solar energy system installations may be installed in legally existing cleared areas in the required buffer. Any additional vegetation removal required for the installation must conform with the requirements of § 100-33G. Solar energy system installations allowed in the buffer must be limited by design to supply the energy needs of the existing use on the property and may include incidental conveyances of excess generated power to the commercial power grid. Projects designed for commercial generation of power must comply with the required setback for structures.
Utility service connections.
Sewer service connections are subject to compliance with the requirements of the Bucksport Town Code, Chapter 175, Sewers.
Water service connections are subject to compliance with the rules and regulations of the Town's water service provider.
Electrical, gas and propane service connections are subject to compliance with applicable state code requirements.
Telephone, cable, satellite and internet service connections are subject to compliance with the rules and regulations of the service provider.
No utility service connections may be provided to any new structure located in any shoreland district unless written authorization attesting to the validity and currency of all local permits required under this chapter or any previous ordinance has been issued by the appropriate municipal officials or unless other written arrangements have been made between the municipal officials and the utility service provider.
Windmills. In any shoreland district where windmills are allowed, the installation may be in a legally existing cleared area in the required buffer. Any additional vegetation removal required for the installation must conform with the requirements of § 100-33G. Windmill installations allowed in the buffer must be limited by design to supply the energy needs of the existing use on the property and may include incidental conveyances of excess generated power to the commercial power grid.
Yard sales.
No yard sale may be conducted for more than four consecutive days.
No person, firm, corporation, or other entity may conduct more than six yard sales from any location one calendar year.
No merchandise may be placed upon a public rights-of-way, streets or roads. All merchandise must be displayed a sufficient distance from public roadways in order to avoid obstruction of view or traffic hazards.
All unsold yard sale merchandise remaining on the site at the conclusion of the yard sale, to include items sold to purchasers, must be removed from the site within 24 hours.
The property owner or person conducting the yard sale must assume responsibility for parking. Automobiles or pedestrians may not be allowed to impede traffic on any adjoining road/roads. If traffic on any road is impeded or a dangerous condition develops on any road, law enforcement officials or Town officials may immediately suspend or close the sale until all safety concerns are resolved.

§ 100-39 Assembly uses.

Auction houses.
Entertainment establishments. Entertainment establishments that include adult entertainment are subject to the following restrictions:
The business must be located within five miles of the public safety building on Franklin Street.
The business must be screened from view from and located at least 1,000 feet from any church, school, day care, public building, public recreational area, public right-of-way or residential property.
The business must be approved by the State Fire Marshal's Office, if applicable.
All required parking must be provided on the property.
Funeral homes.
Libraries.
Meeting facilities.
Museums.
Places of worship.
Recreational facilities (indoor).
Restaurants.
Quick-service restaurants must comply with the following on-site vehicle maneuvering requirements:
Drive through and queuing lanes must be separated from the general circulation and parking areas on the property. The lanes must be distinctly marked by special striping, pavement markings or signs. Special striping, pavement markings or signs must be provided at the point where traffic from the drive-through lanes enters the general circulation areas.
Drive-through facilities must be designed to provide a counterclockwise route around the main building or other route designed to minimize on-site vehicle circulation congestion or conflicts.
There must be a minimum stacking area for three cars (60 feet) between the menu board and the pickup window and a minimum stacking for five cars (100 feet) behind the menu board. Stacking for five cars (100 feet) is required for facilities without a menu board.
Drive-through facilities may not create a conflict with pedestrian access to the building from adjacent sites, parking lots or pedestrian access routes. Pavement markings, signage, speed bumps and internal walkways may be required to help ensure pedestrian safety.
Quick-service restaurants must comply with the following noise mitigation requirements:
Speaker boxes of any intercom system must be oriented away from residential development and other land uses at risk of detrimental effect from the sounds of the intercom system.
A sound attenuation wall may be required along the property lines if the reviewing authority determines that such a wall is necessary to control noise generated by the facility.
The hours of operation of the intercom system may be limited if the reviewing authority determines that such a limitation is necessary to achieve compatibility with surrounding land uses.
Taverns.

§ 100-40 Education uses.

Research facilities.
Schools.
School administrative offices.
Small facilities for educational, scientific or nature interpretation use.

§ 100-41 Health care uses.

Alternative treatment offices.
Ancillary medical services.
Clinician offices.
Counselor offices.
Home-based health care services. Home-based health care services must comply with the following standards:
The business may not subordinate the residential use of the property.
No more than 30% of the total floor area of all buildings on the property may be occupied with a home-based business. The area occupied by the business may be in one or more buildings on the property, except no more than 30% of the total floor area of the residential dwelling may be occupied by the business.
Signage and site improvements for the home-based business may not substantially change the residential appearance of the property.
There may be no storage of materials related to the business outside any building.
No more than two employees residing off the property may work at the business location at the same time.
Parking in accordance with the requirements in § 100-51H must be provided.
Hospitals.
Outpatient clinics.
Skilled nursing facilities.
Veterinarian practices. Any veterinarian practice that includes a kennel must comply with the requirements of § 100-49C.

§ 100-42 Housing uses.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Accessory dwelling units (ADU).
All ADUs shall be subject to the same dimensional and setback requirements as single-family dwelling units.
A detached ADU shall be considered a second dwelling unit for the purposes of calculating the required minimum lot area per dwelling unit, except that any lot with only one single-family dwelling, regardless of lot size, shall be allowed one ADU as long as all other requirements are met.
The maximum size of any ADU is 1,000 square feet of total floor area. To be authorized, an ADU must be accessory to a principal residence. The minimum size of any ADU is 190 square feet, unless the Technical Building Code and Standards Board, pursuant to 10 M.R.S.A. § 9722, adopts a different minimum standard; if so, that standard applies.
All ADUs shall be constructed on permanent foundations that meet applicable building codes.
Attached ADUs can be located anywhere within an existing or proposed single-family residential building, provided that applicable dimensional requirements are met.
ADUs contained within the principal dwelling below finished grade must have a daylight entry.
If the lot is served by public sewer, both the single-family home and the ADU must be connected to public sewer.
If the lot is served by public water, both the single-family home and the ADU must be connected to public water.
ADUs in areas not served by public sewer shall be treated as a separate dwelling unit for the purposes of septic design.
All ADUs shall conform to Chapter 64, Floodplain Management; Chapter 194, Subdivision of Land; and the shoreland zoning requirements of Chapter 100, Land Use.
This subsection may not be construed to interfere with, abrogate or annul the validity or enforceability of any valid and enforceable easement, covenant, deed restriction or other agreement or instrument between private parties that imposes greater restrictions than those provided in this subsection, as long as the agreement does not abrogate rights under the United States Constitution or the Constitution of Maine.
Adult family care homes. Adult family care homes must be inspected and approved for occupancy by the Code Enforcement Officer and Fire Department, in addition to any state-required inspections.
Affordable housing developments.
Available density bonus and parking limitation.
An eligible affordable housing development may be allowed at least 2.5 times the base density otherwise permitted within the district in which it is located.
An eligible affordable housing development may not be required to provide more than two parking spaces for every three dwelling units contained in the affordable housing development.
For purposes of calculating the density bonus applicable to eligible affordable housing developments, any fractional result shall be rounded down to the nearest whole number.
For purposes of calculating the parking space limitation for eligible affordable housing developments, any fractional result shall be rounded up to the nearest whole number.
Eligible affordable housing developments. An affordable housing development shall be eligible for the density bonus and parking limitation provided by this subsection if the development:
Is located within a designated growth area or is served by public water and sewer systems;
Is located on a property on which multifamily dwellings are permitted;
Is located on a property that complies with the minimum lot size requirements of 12 M.R.S.A. Ch. 423-A; and
Complies with all applicable requirements of the Resource Protection and Shoreland Overlay Districts.
Conditions of approval. No eligible affordable housing development may receive the density bonus and parking limitation provided by this subsection unless the following criteria have been met:
The owner or applicant has provided written verification, in accordance with 30-A M.R.S.A. § 4364-A, Subsection 4, and any rules or regulations adopted pursuant thereto, that each dwelling unit is or will be connected to adequate water and wastewater services; and
The owner or applicant agrees, as a condition of final approval, to execute and record in the Hancock County Registry of Deeds a restrictive covenant, in the form of a deed or other recordable instrument, that:
Is enforceable by the Town or a party acceptable to the Town;
Remains in full force and effect for a period of at least 30 years; and
Provides that affordable dwelling units offered for rent shall be occupied by families whose aggregate income is equal to or less than 80% of the local area median income at the time of initial occupancy; and that affordable dwelling units offered for sale shall be occupied by families whose aggregate income is equal to or less than 120% of the local area median income at the time of initial occupancy.
Day-care centers. Day-care centers must be inspected and approved for occupancy by the Code Enforcement Officer and Fire Department, in addition to any state-required inspections.
Day-care homes. Day-care homes must be inspected and approved for occupancy by the Code Enforcement Officer and Fire Department, in addition to any state-required inspections.
Dormitories.
Dwelling units.
On the street-level story of any commercial or noncommercial building fronting Main Street, dwelling units may only occupy floor area to the rear of the building and may not occupy more than 50% of the total floor area of the story. The rear of the building on the street-level story may be accessed by a side entrance or directly from Main Street via an entrance door and a hallway that is protected in accordance with the applicable requirements of NFPA 101 Life Safety Code, as adopted.
Extra dwelling unit allowance.
If the lot is inside the growth boundary defined in the Town's most recently adopted Comprehensive Plan:
If no dwelling exists on a lot, up to four units are allowed, either detached or attached.
If one dwelling unit exists on the lot, up to two additional units are allowed, one being attached to or within the primary dwelling and one being detached.
If two dwelling units exist on a lot, no additional units are allowed.
If the lot is outside the growth boundary defined in the Town's most recently adopted Comprehensive Plan:
If no dwelling exists on a lot, up to two units are allowed, either detached or attached.
If one dwelling unit exists on the lot, up to two additional units are allowed, one being attached to or within the existing dwelling and one being detached.
If two dwelling units exist on a lot, no additional units are allowed.
If dwelling units are demolished after the date this subsection is adopted and the demolition results in an empty lot, there can be no increase in the number of units above what existed on the lot prior to demolition.
All additional dwelling units shall be subject to the same dimensional and setback requirements as single-family dwelling units.
All dwelling units shall conform to Chapter 64, Floodplain Management; Chapter 194, Subdivision of Land; and the shoreland zoning requirements of Chapter 100, Land Use.
This subsection may not be construed to interfere with, abrogate or annul the validity or enforceability of any valid and enforceable easement, covenant, deed restriction or other agreement or instrument between private parties that imposes greater restrictions than those provided in this subsection, as long as the agreement does not abrogate rights under the United States Constitution or the Constitution of Maine.
Independent housing with services.
Mobile homes.
Manufactured housing constructed after June 15, 1976, commonly called "newer mobile homes," must be certified as compliant with the United States Department of Housing and Urban Development standards.
Manufactured housing constructed on or before June 15, 1976, commonly called "older mobile homes," must be certified as compliant with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.
No mobile home may be structurally altered or expanded or have any additional structural load bearing upon it unless such alteration, expansion or load has been approved by the mobile home manufacturer, or unless the owner agrees, in writing, that:
They understand that any structural change to a mobile home, unless it is approved by the manufacturer, voids the applicable federal certification for the mobile home and may result in deficiencies in the structural performance of the mobile home;
They understand that a mobile home that is not compliant with the applicable federal certification before a proposed structural change may contain structural deficiencies that could be exacerbated by the structural change;
They understand that a mobile home that has been structurally changed without approval from the manufacturer is subject to the limitations of § 100-42I(4); and
They understand that the issuance of a permit for a structural change to a mobile home does not in any way cause the Town to become liable for any structural defects or property damage that may occur.
No mobile home that fails to comply with applicable federal standards may be relocated to another property in the Town of Bucksport. Such a mobile home may be relocated from its current location on a lot to another location on the same lot, subject to compliance with the applicable requirements of the Bucksport Town Code, Chapter 29.
No electrical service entrance equipment may be attached to the roof or exterior walls of any mobile home.
Mobile homes are subject to compliance with the requirements of the Bucksport Town Code, Chapter 29.
Mobile home parks. Mobile home parks are subject to compliance with the requirements of the Bucksport Town Code, Chapter 194, Subdivision of Land.
Multifamily dwellings. The occupancy of any existing structure may be converted to multifamily in districts where the use is allowed, provided that applicable off-street parking requirements in § 100-51H are met.
One-family dwellings.
One-family dwellings are allowed in the RPO District, subject to approval in accordance with the requirements of § 100-8E.
Any one-family dwelling located in the RPO District is identified as an allowed use, provided it has been approved by special exception in accordance with the requirements of § 100-8E.
The conversion of any seasonal one-family dwelling to year-round occupancy in a shoreland district is subject to the approval of the Local Plumbing Inspector, in accordance with applicable state rules.
No seasonal one-family dwelling may be converted to year-round occupancy if the dwelling will be served by a holding tank.
One-and-one-half-family dwellings.
One-and-one-half-family dwellings in the public sewer service area may be served by one sewer entrance. On any property that is not served by public sewer, one-and-one-half-family dwellings must comply with the requirements of the State Subsurface Wastewater Disposal Rules.
The conversion of any seasonal one-and-one-half-family dwelling to year-round occupancy in a shoreland district is subject to the approval of the Local Plumbing Inspector, in accordance with applicable state rules.
No seasonal one-and-one-half-family dwelling may be converted to year-round occupancy if the dwelling will be served by a holding tank.
One-and-one-half-family dwellings may not be divided into separately owned dwelling units.
Preschools/nursery schools.
Residential care facilities.
Tiny houses.
Tiny houses are subject to compliance with the applicable requirements of the Maine Uniform Building and Energy Code.
Tiny houses intended to be occupied as a primary residence must be supported by a foundation constructed in accordance with the applicable requirements of the International Residential Code, as adopted by the State of Maine.
Tiny houses must be provided with the minimum plumbing fixtures required for a one-family dwelling, as identified in the Uniform Plumbing Code adopted by the State of Maine, except that a clothes-washer hookup is not required.
Tiny houses must be provided with a connection to a subsurface wastewater disposal system approved by the Bucksport Plumbing Inspector, or a connection to the public sewer approved by the Bucksport Sewer Department.
Two-family dwellings.
The conversion of any seasonal two-family dwelling to year-round occupancy in a shoreland district is subject to the approval of the Local Plumbing Inspector, in accordance with applicable state rules.
No seasonal two-family dwelling may be converted to year-round occupancy if the dwelling will be served by a holding tank.

§ 100-43 Industry uses.

Bulk fuel/chemical storage facilities.
Communication facilities. Wireless telecommunication facility towers that are not designed to collapse within a limited area must comply with the setback requirements for structures in the district in which they are located or a setback equal to the height of the tower plus 10 feet, whichever is greater. The setback may be satisfied by including the areas outside the property boundaries if secured by an easement. The setback for towers that are designed to collapse within a limited area may be no less than the minimum necessary to ensure that adjacent property will not be harmed by a collapsing tower. The reviewing authority shall establish the required setback for such a structure.
Factories.
Freight terminals.
Intrastate/interstate pipelines.
Intrastate/interstate transmission lines.
Intrastate/interstate transmissions lines may include structures that are not limited to a maximum height.
The utility structures and facilities must be located so as to minimize any detrimental effects on surrounding uses and resources, and visual impacts to scenic views, as identified in the Town's Comprehensive Plan, as adopted.
Mills.
Power generating facilities. Power generating facilities may include structures that are not limited to a maximum height, except for buildings.
Product distribution facilities.
Rail transportation facilities.
Refineries.

§ 100-44 Lodging uses.

Home-based lodgings. Home-based lodgings must comply with the following standards:
The business must be operated by one or more persons residing in the dwelling.
The business is limited to sleeping space for no more than 16 people.
No more than two employees residing off the property may work at the business location at the same time.
Parking in accordance with the requirements in § 100-51H must be provided.
The use must be state-licensed, as required.
Hotels.
Motels.
Short-term rentals.
[Amended 4-25-2024]
See Chapter 180 for regulations and requirements relating to short-term rentals.

§ 100-45 Mercantile uses.

Home-based merchants. Home-based merchants must comply with the following standards:
The business may not subordinate the residential use of the property.
No more than 30% of the total floor area of all buildings on the property may be occupied with the business. The area occupied by the business may be in one or more buildings on the property, except no more than 30% of the total floor area of the residential dwelling may be occupied by the business.
Signage and site improvements for the business may not substantially change the residential appearance of the property.
There may be no storage of materials related to the business outside of any building.
No more than two employees residing off the property may work at the business location at the same time.
Parking in accordance with the requirements in § 100-51H must be provided.
A medical cannabis caregiver retail store, medical cannabis registered dispensary or cannabis store is not allowed as a home-based merchant use or accessory use.
Large-product dealers.
Stores.
Drive-through service offered by any store must comply with the requirements of § 100-39I(1), as applicable.
Medical cannabis caregiver retail stores, medical cannabis registered dispensaries and cannabis stores must comply with the following standards:
On-site consumption or smoking of cannabis may not be conducted.
The land use may not be located within:
Five hundred feet of the property line of a public or preexisting private school (K through 12).
Five hundred feet of the property line of a property used primarily for religious worship and related religious activities; property used for preexisting, licensed day-care use, or recreational areas designated for use by children up to 18 years in age; and 500 feet of the property line of areas designated as municipal "safe zones."
Required setbacks shall be measured as the most direct, level, shortest, straight-line distance between property lines of a property containing a building or structure used as the premises where the land use is conducted, to the nearest property line of the premises of a land use listed above.
The land use must be registered and operated in accordance with state requirements.
Medical cannabis and related paraphernalia may only be dispensed to patients and primary caregivers registered in accordance with state requirements.
An electronic security system must be installed. The system must include video cameras and panic buttons. The system must notify the Police Department of any unauthorized breach of security. Security measures shall also include, at a minimum, the following:
Security surveillance cameras installed and operating 24 hours a day, seven days a week, with thirty-day video storage, to monitor all entrances, along with the interior and exterior of the premises, to discourage, and facilitate the reporting of, criminal acts and nuisance activities occurring at the premises; and
Door and window combination video and motion-detector intrusion system with audible alarm, maintained in good working condition; and
A locking safe affixed to the premises that is suitable for storage of all cannabis, cannabis products, and cash stored overnight on the licensed premises; and
Exterior lighting that illuminates the exterior walls of the licensed premises during dusk to dawn, that is either constantly on or activated by motion detectors; and
Dead-bolt locks on all exterior doors and any other exterior access points, excepting windows, which shall have locks; and
For adult use facilities, methods to ensure that no person under the age of 21 shall have access to cannabis and cannabis products.
The emission of odorous or toxic matter in such quantities as to be readily detectable at any point along lot lines so as to produce a public nuisance or hazard is prohibited. Violations of this standard shall be considered public nuisances.
An odor control plan shall be submitted as part of the site plan review application, describing the odor(s) anticipated to originate at the premises and the methods to be used to prevent such odor(s) from leaving the premises.
If the operator and/or landowner fail to bring the facility into compliance within 30 calendar days of the written notice of violation, the CEO will refer the matter for prosecution. In addition to penalties and costs recoverable under this chapter for violations, the Town may suspend or revoke other approvals, including, without limitation, any licenses and pursue any other remedies available to the Town.
All cannabis operations must provide for the safe, sanitary, and secure disposal of any by-products or materials resulting from the operation and must submit an operations plan to the Planning Board with the site plan which details how such by-products or materials will be disposed of.
There shall be posted in a conspicuous location inside each adult use, medical cannabis, and registered dispensary establishment, at least one legible sign containing the following information:
Adult use. "Use of or on-site consumption of cannabis is illegal; open and public consumption of cannabis in the State of Maine is illegal; the use of cannabis or cannabis products may impair a person's ability to drive a car or operate machinery; no one under the age of 21 allowed, loitering prohibited."
Medical use. "Use of or on-site consumption of cannabis is illegal; open and public consumption of cannabis in the State of Maine is illegal; the use of cannabis or cannabis products may impair a person's ability to drive a car or operate machinery; no one under the age of 21 allowed, except a minor with a medical cannabis card between the ages of 18 and 21, or a minor under 18 years of age accompanied by a legal guardian; loitering prohibited."
Business hours are limited to 8:00 a.m. to 8:00 p.m. daily.
Any business advertising sign for a dispensary is subject to compliance with Chapter 182, Signs. In addition, signage may use an image or images of the cannabis plant as long as they do not exceed 20% of the sign face, but there shall be no pictorial representations of other cannabis products or paraphernalia associated with the use or distribution of cannabis.
There shall be no signage in any window and/or door, except for the hours of operation.
All signs used by, and all marketing and advertising conducted by or on behalf of, the cannabis establishment may not involve advertising or marketing that has a high likelihood of reaching persons under 21 years of age or that is specifically designed to appeal particularly to persons under 21 years of age. The signs, marketing, or advertising is prohibited from making any health or physical benefit claims.
No products dispensed from the facility may be within view from any public way.
No products other than cannabis and related paraphernalia may be dispensed, sold or otherwise made available at the facility. No food products shall be sold, prepared, produced or assembled except in compliance with all operation and other requirements of state and local law and regulation, including, without limitation, food establishment licensing requirements. Any goods containing cannabis for human consumption shall be stored in a secure area.
All licensed premises shall be in fixed, permanent locations. Licensees shall not be permitted to operate cannabis establishments in temporary locations such as kiosks, Town events or farm stands.
The operation of any cannabis establishment or medical cannabis establishment without the required local cannabis license or in violation of the requirements of this chapter shall be a violation of this chapter.
Fines shall be set forth for violation of any of the provisions of this subsection; violators shall be punished by a civil penalty of not less than $1,000 and not more than $10,000 for each violation, plus attorneys' fees and costs, to be recovered on complaint to the use of the Town.
Each day a violation is committed or permitted to continue shall constitute a separate violation and shall be fined as such.
Compliance with other laws. A cannabis establishment or medical cannabis establishment shall meet all operating and other requirements of state and local law and regulation. To the extent the state has adopted or adopts in the future any stricter law or regulation governing cannabis establishments, the stricter law or regulation shall control.
Every cannabis establishment shall allow Code Enforcement Officers to enter the premises at reasonable times for the purpose of checking compliance with all applicable state laws and this chapter.
The Town may suspend or revoke a license for any violation of this chapter or any other applicable building and life safety code requirements. The Town may suspend or revoke a license if the licensee has a state license for a cannabis establishment and/or medical cannabis establishment suspended or revoked by the state. The licensee shall be entitled to notice and a hearing prior to any suspension or revocation.

§ 100-46 Municipal uses.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Animal impoundments. Animal impoundments are subject to compliance with the requirements of § 100-49C.
Cemeteries.
Parking facilities.
Public bathrooms. Public bathrooms must be maintained in a clean and sanitary condition.
Public information centers.
Public recreation.
Public safety facilities.
Public transportation facilities.
Public Works facilities.
Solid waste disposal facilities.
Utility transport systems.
Utility structures and facilities must be located so as to minimize any detrimental effects on surrounding uses and resources, including visual impacts.
Damaged or destroyed utility transport systems may be replaced or reconstructed without a permit.
Wastewater treatment facilities. Septage storage and dewatering facilities must comply with the following requirements:
The facility may not be located over a significant sand and gravel aquifer.
A minimum of 15 inches must be maintained between the seasonal high-water table and the base of the facility. A minimum of 24 inches must be maintained between bedrock and the base of the facility.
The facility must be located on soils deemed suitable for such use, as determined by a Maine licensed geologist or a Maine licensed soil scientist.
The facility may not be located within any A or AE Flood Zone shown on the Town of Bucksport Flood Insurance Rate Maps, as adopted.
The boundary of the septage handling and containment area of the facility must comply with DEP setback requirements. A variance or waiver granted by the DEP for any dimensional requirement or any other requirement equivalent to a standard listed in this subsection must be approved by the Planning Board before it may be implemented.
The facility must be screened from view from any public street and residential property. A vegetated buffer may be required by the Planning Board in accordance with the requirements in § 100-35B.
An access gate must be installed at the entrance to the facility. Legible signs must be posted at the gate. Signs must read as follows: "Notice – Septage Storage Area – Access Prohibited" or similar wording. Lettering on signs must be a minimum of two inches in height. The top of the signs must be between four feet and eight feet above the ground surface. All access points to the facility must be locked to prevent unauthorized entry when the facility is not in use.
The facility may not include open-air sludge drying or land spreading of any type.
The facility must be located within fully enclosed structures.
Septage containment structures must be constructed of impermeable materials suitable for the intended use and adequate to prevent any leakage. The facility must be designed to contain any septage spills caused by a failure of any aboveground containment structure, contain any leachate generated from the facility, and contain any leakage from septage conveyances. The facility must provide for detection of any subsurface septage leaks which may occur.
The facility must average fewer than 10 vehicle trips per hour to the facility in any eight-hour period, unless otherwise approved by the DEP and the reviewing authority. The site operator must control any fugitive dust from the facility which may impact other properties.
Unloading or loading of septage at a storage facility may only occur between the hours of 6:00 a.m. and 7:00 p.m., local time.
The facility may not be located on any road posted with a gross vehicle weight limit of 34,000 pounds, if the facility utilizes vehicles exceeding that gross vehicle weight to transport septage.
Waterworks facilities.

§ 100-47 Production uses.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Aquaculture.
Automobile graveyards. Automobile graveyards are subject to compliance with the applicable land use standards in this chapter and the requirements of the Bucksport Town Code, Chapter 14, Automobile Graveyards and Recycling Businesses and Junkyards.
Automobile recycling facilities. Automobile recycling facilities are subject to compliance with the applicable land use standards in this chapter and the requirements of the Bucksport Town Code, Chapter 14, Automobile Graveyards and Recycling Businesses and Junkyards.
Commercial fisheries.
Home-based productions. Home-based productions must comply with the following standards:
The business may not subordinate the residential use of the property.
No more than 30% of the total floor area of all buildings on the property may be occupied with the business. The area occupied by the business may be in one or more buildings on the property, except no more than 30% of the total floor area of the residential dwelling may be occupied with the business.
Signage and site improvements for the business may not substantially change the residential appearance of the property.
There may be no storage of materials related to the business outside of any building.
No more than two employees residing off the property may work at the business location at the same time.
Parking in accordance with the requirements in § 100-51H must be provided.
Junkyards. Junkyards are subject to compliance with the applicable land use standards in this chapter and the requirements of the Bucksport Town Code, Chapter 14, Automobile Graveyards and Recycling Businesses and Junkyards.
Manufacturing facilities. Cannabis cultivation facilities, cannabis products manufacturing facilities, and medical cannabis products manufacturing facilities must comply with the following standards:
The emission of odorous or toxic matter in such quantities as to be readily detectable at any point along lot lines so as to produce a public nuisance or hazard is prohibited. Violations of this standard shall be considered public nuisances.
An odor control plan shall be submitted as part of the site plan review application describing the odor(s) anticipated to originate at the premises and the methods to be used to prevent such odor(s) from leaving the premises.
If the operator and/or landowner fail to bring the facility into compliance within 30 calendar days of the written notice of violation, the CEO will refer the matter for prosecution. In addition to penalties and costs recoverable under this chapter for violations, the Town may suspend or revoke other approvals, including, without limitation, any licenses and pursue any other remedies available to the Town.
No outside cultivation, processing, or storage of cannabis, cannabis products, or related supplies is permitted with the exception of home cultivation for personal adult use cannabis.
No cannabis or paraphernalia shall be displayed or kept so as to be visible from outside the building(s).
All cannabis operations must provide for the safe, sanitary, and secure disposal of any by-products or materials resulting from the operation, and must submit an operations plan to the Planning Board with the site plan which details how such by-products or materials will be disposed of.
Due to fire, explosion, and other hazards inherent in cannabis cultivation and manufacturing facilities, including but not limited to heavy electrical loads, hot lighting fixtures, CO2 enrichment, extraction solvents (e.g., acetone, butane, propane, ethanol, heptane, isopropanol, CO2, etc.), high-pressure extraction methods, and flammable contents, the owner must agree to annual inspection by the Bucksport Fire Department, and furthermore must install a Knox Box® at each locked entry (e.g., gate, door) for emergency access. Installation of Knox Boxes® must be done in coordination with the Bucksport Fire Department.
An electronic security system must be installed. The system must include video cameras and panic buttons. The system must notify the Police Department of any unauthorized breach of security. Security measures shall also include, at a minimum, the following:
Security surveillance cameras installed and operating 24 hours a day, seven days a week, with thirty-day video storage, to monitor all entrances, along with the interior and exterior of the premises, to discourage, and facilitate the reporting of, criminal acts and nuisance activities occurring at the premises; and
Door and window combination video and motion detector intrusion system with audible alarm, maintained in good working condition; and
A locking safe affixed to the premises that is suitable for storage of all cannabis, cannabis products, and cash stored overnight on the licensed premises; and
Exterior lighting that illuminates the exterior walls of the licensed premises during dusk to dawn that is either constantly on or activated by motion detectors; and
Dead-bolt locks on all exterior doors and any other exterior access points, excepting windows, which shall have locks; and
For adult use facilities, methods to ensure that no person under the age of 21 shall have access to cannabis and cannabis products.
The operation of any cannabis establishment or medical cannabis establishment without the required local cannabis license or in violation of the requirements of this chapter shall be a violation of this chapter.
Fines shall be set forth for violation of any of the provisions of this subsection; violators shall be punished by a civil penalty of not less than $1,000 and not more than $10,000 for each violation, plus attorneys' fees and costs, to be recovered on complaint to the use of the Town.
Each day a violation is committed or permitted to continue shall constitute a separate violation and shall be fined as such.
Compliance with other laws. A cannabis establishment or medical cannabis establishment shall meet all operating and other requirements of state and local law and regulation. To the extent the state has adopted or adopts in the future any stricter law or regulation governing cannabis establishments, the stricter law or regulation shall control.
Every cannabis establishment shall allow Code Enforcement Officers to enter the premises at reasonable times for the purpose of checking compliance with all applicable state laws and this chapter.
The Town may suspend or revoke a license for any violation of this chapter or any other applicable building and life safety code requirements. The Town may suspend or revoke a license if the licensee has a state license for a cannabis establishment and/or medical cannabis establishment suspended or revoked by the state. The licensee shall be entitled to notice and a hearing prior to any suspension or revocation.
Metallic mineral mining. Metallic mineral excavations that are subject to compliance with 38 M.R.S.A. Ch. 3, §§ 481 to 489-E and other applicable state or federal regulations or laws, must remain in compliance with all applicable provisions of that statute and other applicable regulations or laws at all times.
Mineral extractions.
Excavations of borrow, clay, topsoil or silt that are subject to compliance with 38 M.R.S.A. Ch. 3, § 490-A et seq, must remain in compliance with all applicable provisions of that statute at all times. Excavations of borrow, clay, topsoil or silt that are subject to Town approval must comply with the performance standards in Addendum 2 to this chapter,[1] in lieu of the standards identified in Articles VII and IX.
[1]
Editor's Note: Addendum 2 is included as an attachment to this chapter.
Rock excavations that are subject to compliance with 38 M.R.S.A. Ch. 3, § 490-W et seq, must remain in compliance with all applicable provisions of that statute at all times. Rock excavations that are subject to Town approval must comply with the performance standards in Addendum 2 to this chapter, in lieu of the standards identified in Articles VII and IX.
Salvage yards.

§ 100-48 Professional uses.

Business offices.
Financial institutions. Drive-through service offered by any financial institution must comply with the requirements of § 100-39I(1), as applicable.
Home-based professions. Home-based professions must comply with the following standards:
The business may not subordinate the residential use of the property.
No more than 30% of the total floor area of all buildings on the property may be occupied with the business. The area occupied by the business may be in one or more buildings on the property, except no more than 30% of the total floor area of the residential dwelling may be occupied by the business.
Signage and site improvements for the business may not substantially change the residential appearance of the property.
There may be no storage of materials related to the business outside of any building.
No more than two employees residing off the property may work at the business location at the same time.
Parking in accordance with the requirements in § 100-58H must be provided.
Telemarketing centers.

§ 100-49 Rural uses.

Abattoirs.
Agriculture.
There may be no tilling of soil, manure storage or stockpiling, or livestock grazing areas within 100 feet of the shoreline of a great pond or a river flowing to a great pond, within 75 feet of the shoreline of other water bodies or coastal wetlands, or within 25 feet of the shoreline of tributary streams or freshwater wetlands, except as provided for in this section.
Tilled soils in existence on the effective date of this chapter and which are not in conformance with § 100-49B(1) may be maintained.
A conservation plan prepared in accordance with the Hancock County Soil and Water Conservation Office must be filed with the Planning Board for any agricultural activity involving tillage of soil greater than 40,000 square feet in surface area within a shoreland district.
All spreading of manure must conform with the requirements of the Maine Department of Agriculture's November 1, 2001, publication entitled "Manure Utilization Guidelines," as amended, and 7 M.R.S.A. §§ 4201 to 4209 (the Nutrient Management Law). All manure storage areas must be constructed or modified to prevent the discharge of effluent or contaminated stormwater.
Livestock grazing that is not in conformance with § 100-49B(1) may continue, provided that such grazing is conducted in accordance with a conservation plan and is associated with ongoing agricultural activities.
The storage of chemicals, including herbicides, pesticides and fertilizers, is limited to those quantities normally associated with agricultural uses.
Kennels.
Structures or pens for housing or containing animals must be located no less than 100 feet from the nearest existing residence, other than the residence occupied by the property owner or the kennel operator.
All kennels, pens and runs must be designed, constructed and located on the site in a manner that will minimize any detrimental effects from noise or odors on surrounding properties. Among the factors that must be considered are the relationship of the use to the topography, the vegetative buffer, the direction and intensity of the prevailing winds, the location of residences and public facilities on nearby properties and other similar factors.
Kennels must be maintained in a clean, orderly and sanitary condition at all times. No garbage, offal, feces or other waste material may be allowed to accumulate on the premises. The premises must be maintained in a manner that will not attract or harbor insects, vermin or rodents. Outdoor dog runs must be completely fenced in and paved with cement, asphalt or similar material to provide for ease of maintenance.
Temporary storage containers for any kennel or veterinary wastes containing or including animal excrement must be kept tightly covered at all times. Such containers must be made of steel or plastic to facilitate cleaning and must be located in accordance with the setback requirements for structures in § 100-49C(1).
Any incineration device for burning excrement-soaked wastepapers or animal remains must be located a minimum distance of 400 feet from nearest residence other than the owner's or kennel operator's residence. The device must have a chimney vent not less than 35 feet above the average ground elevation, and it must comply with all applicable state standards.

§ 100-50 Seasonal uses.

Campgrounds.
Campgrounds must comply with state licensing requirements.
Campgrounds located in a shoreland district must contain a minimum land area, based on the number of campsites. The minimum land area is determined by multiplying the number of campsites in the campground by 5,000 square feet. Land area occupied by roads and driveways in the campground, land supporting wetland vegetation and land below the shoreline of a water body may not be included when determining if the minimum land area requirement has been met.
Recreational vehicles may only be occupied on a seasonal basis and no longer than seven months in any calendar year.
In any shoreland district, the areas intended for the placement of recreational vehicles, tents or shelters, and utility and service buildings must comply with the required setback for structures.
Fairgrounds.
Marinas.
Outdoor festivals. Outdoor festivals are subject to licensing in accordance with the Bucksport Town Code, Chapter 107, Licenses and Permits.
Outdoor markets.
Outdoor vendors. Outdoor vendors are subject to licensing in accordance with the Bucksport Town Code, Chapter 107, Licenses and Permits.
Recreational facilities (outdoor).
Seasonal roadside sales.

§ 100-51 Site-work uses.

Archeological excavations. Appropriate erosion and sedimentation control measures must be in place until all disturbed soil has been permanently stabilized.
Boat-launch facilities. Private boat-launching facilities on nontidal waters may not be permitted unless it is clearly demonstrated to the reviewing authority that a public boat-launching facility does not exist and such a facility is not feasible. No more than one private boat-launch facility may be approved for any great pond. When considering approval of a private boat-launching facility, the reviewing authority may require that an easement be granted for access to the facility by all other owners of shorefront property on the water body.
Driveways.
Driveways must comply with rules established by the Maine Department of Transportation, with the requirements of the Bucksport Town Code, Chapter 167, Roads and Streets, and with the requirements of this subsection, as applicable.
Any land development abutting an arterial street may be required to have two or more remotely located entrances to comply with Maine Department of Transportation access management requirements.
Driveways must be located and designed to provide the required sight distance measured in each direction. Sight distances must be measured from the driver's seat of a vehicle parked at the exit with the front of the vehicle a minimum of 10 feet behind the curbline or edge of shoulder. The driver's eye must be 3 1/2 feet above the ground. The maximum distance that the top of a four-and-one-half-foot-tall object located on the center line of the street is visible is the measured sight distance. This measurement must be taken from both directions. The required sight distances for various posted speed limits are as follows:
Operating Speed
(mph)
Safe Sight Distance Left
(feet)
Safe Sight Distance Right
(feet)
20
130
130
30
220
260
40
380
440
50
620
700
In any shoreland district, driveways must be set back at least 100 feet from the shoreline of a great pond or a river that flows to a great pond and 75 feet from the shoreline of other water bodies, tributary streams, or wetlands, unless the reviewing authority has determined that no reasonable alternative exists. If no other reasonable alternative exists, the driveway setback requirement may be reduced to no less than 50 feet, provided that appropriate techniques will be used to prevent sedimentation to the water body, tributary stream, or wetland. Such techniques may include, but are not limited to, the installation of settling basins or additional ditch relief culverts and turnouts placed so as to avoid sedimentation to the water body, tributary stream, or wetland. On slopes of greater than 20%, the driveway setback must be increased by 10 feet for each 5% increase in slope above 20%.
Section 100-51C(4) does not apply to approaches to water crossings. Driveways providing access to permitted structures within a shoreland district setback area and to facilities located near a shoreline or tributary stream due to an operational necessity must comply fully with the setback requirements of § 100-51C(4), except for that portion of the driveway necessary for direct access to the structure or facility. Driveways may not be installed to access temporary docks for recreational uses.
Driveways are prohibited in the RPO District, except the reviewing authority may grant a permit to construct a driveway to provide access to permitted uses within the district. A driveway may also be approved by the reviewing authority in the RPO District upon a finding that no reasonable alternative route or location is available outside the district. When a driveway is permitted in the RPO District, the driveway must be set back as far as practicable from the shoreline.
In any shoreland district, driveway banks may be no steeper than a slope of two to one (horizontal to vertical) and must be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in § 100-33C. Driveway grades may be no greater than 10%, except for segments of less than 200 feet.
Driveways and associated culverts and ditches must be designed, constructed and maintained to direct stormwater to unscarified buffer strips of a width that is at least 50 feet, plus two times the average slope. The buffer strips must be located between the outflow point of the ditch or culvert and the shoreline. Surface drainage which is directed to an unscarified buffer strip must be diffused or spread out to promote infiltration of the runoff and to minimize channeled flow of the drainage through the buffer strip.
Ditch relief (cross-drainage) culverts, drainage dips and water turnouts must direct drainage onto unscarified buffer strips before the flow gains sufficient volume or head to erode the driveway or ditch. To accomplish this, the following requirements apply:
Ditch relief culverts, drainage dips and associated water turnouts must be spaced along the driveway at intervals no greater than indicated in the following table:
Grade
(percent)
Spacing
(feet)
0% to 2%
250
3% to 5%
200 to 135
6% to 10%
100 to 80
11% to 15%
80 to 60
16% to 20%
60 to 45
21%
40 +
Drainage dips may be used in place of ditch relief culverts only where the grade is 10% or less.
On sections having slopes greater than 10%, ditch relief culverts must be placed at approximately a 30° angle downslope from a line perpendicular to the center line of the driveway.
Ditch relief culverts must be sufficiently sized and properly installed in order to allow for effective function, and their inlet and outlet ends must be stabilized with appropriate materials.
Ditches, culverts, bridges, dips, water turnouts and other stormwater runoff control installations associated with driveways must be maintained on a regular basis to ensure effective functioning.
Except when otherwise restricted, a driveway may be located in a district that prohibits a land use accessed by the driveway.
Emergency operations.
Forest management activities.
Landscaping/horticulture.
Retaining walls.
In any shoreland district, retaining walls that are not necessary for erosion control must meet the structure setback requirement. Low retaining walls and associated fill are exempt from this requirement, provided all of the following conditions are met:
The site must have been previously altered and not contain an effective vegetated buffer.
Retaining walls must be at least 25 feet from the shoreline.
The site where a retaining wall will be constructed must be a legally existing lawn or a site of erosion that cannot be stabilized with vegetative plantings.
The total height of the retaining wall must be no more than 24 inches as measured from the downslope side. The sum of the wall heights in terraced installations may not exceed 24 inches.
Retaining walls must be located outside of the 100-year floodplain, as designated on the Town's FEMA Flood Insurance Rate Maps.
The area behind any retaining wall must be replanted with grass, shrubs, trees, or a combination thereof, and no further structural development may occur within the setback area, including patios and decks.
A vegetated buffer area must be established within 25 feet of the shoreline when a natural buffer area does not exist.
The buffer area described in § 100-51F(2)(g) must meet the following characteristics:
The buffer must include shrubs and other woody and herbaceous vegetation. Where natural ground cover is lacking, the area must be supplemented with leaf or bark mulch.
Vegetation plantings must be in quantities sufficient to retard erosion and provide for effective infiltration of stormwater runoff.
Only native species may be used to establish the buffer area.
A minimum buffer width of 15 feet is required, as measured in a perpendicular position to the shoreline.
A footpath complying with § 100-33G(3)(c) may traverse the buffer.
Mineral explorations.
In any shoreland district where the use is allowed, mineral exploration must be conducted by hand sampling, test boring, or other methods which create minimal disturbance of less than 100 square feet of ground surface, except as may otherwise be allowed by the reviewing authority.
All test pits and holes must be immediately capped, filled or secured by other equally effective measures to restore disturbed areas and to protect the public health and safety.
Parking lots.
Parking lots and off-street parking spaces must meet the minimum setback requirements for structures in the district where such uses are located, except as follows:
In the CFMA District, the minimum setback is 25 feet from the shoreline.
In any shoreland district other than the DTS District and the CFMA District, the minimum setback for parking lots serving boat-launching facilities is 50 feet from the shoreline, except as provided for in § 100-51H(1)(c) and (d). The reviewing authority must require a greater setback than 50 feet if a reasonable alternative for locating the parking lot farther from the shoreline is identified. The parking lot must comply with the required setback for other structures if it is determined to be reasonable.
A parking lot for a proposed or existing public boat-launching facility may be located less than 50 feet from the shoreline, subject to compliance with the following requirements:
There is no existing parking lot for the facility, or if there is an existing parking lot, the applicant must demonstrate that the existing parking lot is insufficient to meet the parking needs of the public and an expansion of that parking lot is not a reasonable alternative to constructing a separate parking lot.
The applicant must demonstrate that there is no reasonable alternative that would allow the parking lot to be located at least 50 feet from the shoreline.
The applicant must demonstrate that there is an actual need for the parking lot.
There must be no existing parking lot for the facility that is located less than 50 feet from the shoreline of the water body or wetland.
The parking lot must comply with the required minimum setback to the greatest practical extent, as determined by the reviewing authority. Such determination must be made in accordance with § 100-71G.
The parking lot may be located no less than 25 feet from the shoreline.
The parking lot size may be no greater than necessary to meet the expected demand.
The total impervious area of the portion of the parking lot that is less than 50 feet from the shoreline may not exceed 10,000 square feet. The total impervious area of the portion of the parking lot that is located less than 100 feet from the shoreline, combined with the total impervious surface of any existing parking lot for the facility that is so located, may not exceed 20,000 square feet.
Within the buffer strip between the parking lot and shoreline, a well-distributed stand of trees and other vegetation must be maintained in accordance with the requirements of § 100-33G. If a well-distributed stand of trees and other vegetation does not exist in the buffer strip, such stand of trees and other vegetation must be established and maintained as provided for in § 100-33G.
The reviewing authority must conduct a public hearing for the parking lot.
A parking lot expansion for an existing public boat-launching facility may be located less than 50 feet from the shoreline, subject to compliance with the following requirements:
The applicant must demonstrate that the existing parking lot size is insufficient to meet the parking needs for the facility.
The applicant must demonstrate that there is no reasonable alternative that would allow the parking lot expansion to be located at least 50 feet from the shoreline, or to provide the facility with a separate parking lot located at least 50 feet from the shoreline.
The applicant must demonstrate that there is an actual need for the parking lot expansion.
There must be no other existing parking lot for the facility that is located less than 50 feet from the shoreline of the water body or wetland.
The parking lot expansion must comply with the required minimum setback to the greatest practical extent, as determined by the reviewing authority. Such determination must be made in accordance with § 100-71G.
The parking lot expansion may be located no less than 25 feet from the shoreline.
The expanded parking lot size may be no greater than necessary to meet the expected demand.
The total impervious area of the portion of the parking lot (including expansions) that is located less than 50 feet from the shoreline may not exceed 10,000 square feet. The total impervious area of the parking lot (including expansions) that is located less than 100 feet from the shoreline, combined with the total impervious surface of any other existing parking lot for the facility that is so located, may not exceed 20,000 square feet.
Within the buffer strip between the parking lot and shoreline, a well-distributed stand of trees and other vegetation must be maintained in accordance with the requirements of § 100-33G. If a well-distributed stand of trees and other vegetation does not exist in the buffer strip, such stand of trees and other vegetation must be established and maintained as provided for in § 100-33G.
The reviewing authority must conduct a public hearing for the parking lot expansion.
Notwithstanding the provisions of § 100-61D, a parking lot for a municipal boat-launching facility is not subject to any setback from the right-of-way of a Town road, except it may not be located less than 15 feet from the closest edge of the paved portion of the road.
In any nonshoreland district, the minimum setback for parking lots and off-street parking spaces is 10 feet from any property line, except parking spaces for one-family, one-and-one-half-family and two-family dwellings are not subject to any minimum setback.
In the DTS District, the minimum setback for parking lots and off-street parking spaces is 25 feet from the Waterfront Walkway and 10 feet from property lines, in addition to the minimum shoreline setback identified in § 100-61G.
Stormwater runoff from parking lots may not flow directly into a water body, tributary stream or wetland, and must be retained on-site when feasible.
Parking lots may be subject to the requirements of § 100-35B, Buffers and screening. Plants such as tall shrubs or low-branching trees that restrict visibility at a parking lot entrance must be avoided.
Parking lots must comply with the following design requirements:
Vehicle parking spaces must be at least nine feet wide and 18 feet long, whether the length of the parking space is perpendicular to, parallel to or angled to the curb.
Vehicle and boat trailer parking spaces must be at least 10 feet wide and 40 feet long, whether the length of the parking space is perpendicular to, parallel to or angled to the curb.
Vehicle parking spaces that may be required by state or federal accessibility laws or regulations are subject to compliance with the design standards of the applicable laws or regulations.
The minimum width of an internal travel aisle must be at least 20 feet.
Sufficient space must be provided for delivery vehicles, if applicable. The space must include an adequate area for maneuvering to allow turning and backing of delivery vehicles that will be expected to make deliveries to or from the location, including tractor trailers, if any.
All parking spaces must be accessed from at least one entrance to the parking lot. No parking space may be accessed directly from a street.
Motor vehicles must be able to proceed to and from a parking space without requiring the moving of any other parked motor vehicle, except when the vehicles are owned by or under the control of the same person or the property owner.
Any parking lot that is directly accessed from Main Street or U.S. Route 1 must be finished with an asphalt or concrete surface.
Any parking lot that will not be finished with an asphalt or concrete surface must be finished with a mineral surface. Temporary parking for a short-term or one-time seasonal land use such as an outdoor festival, fair or market may be located on a vegetated surface such as a field or lawn.
The reviewing authority may require more than the minimum parking spaces required in § 100-51H(12) if it is determined that parking requirements for the applicable land use will not be adequately served by the minimum amount.
The reviewing authority may approve the use of off-site parking spaces to meet parking requirements if:
The required parking spaces cannot be provided on the same lot where the principal use is conducted or "park-and-ride locations are proposed as an alternative to on-site parking;
Other parking space requirements at the off-site location are not reduced or encroached upon in any manner, considering that the parking spaces may serve different principal uses at different times of day; and
The owner of the off-site parking spaces has provided written authorization in a form that is satisfactory to the reviewing authority for use of the parking spaces.
Existing public parking spaces in the DT and DTS Districts shall fulfill the parking requirements for any existing or proposed commercial or noncommercial use of an existing building on Main Street that is not provided with an on-site parking lot. Any public parking lot allowing overnight parking shall fulfill the parking requirements for any dwelling unit that may be allowed in an existing building occupied with a commercial or noncommercial use.
The reviewing authority may allow a phased construction of a parking lot if the total amount of parking spaces required is greater than the initial amount of parking spaces needed by a proposed land use at start-up. The land area for all required parking must be identified on the site plan. No other structural development of the land may be allowed.
The total number of employee parking spaces required for a proposed land use is based on the greatest number of employees that may be at work at any given time, without regard to the mode of transportation that may be used by employees, except as provided for in § 100-51H(10).
Notwithstanding the minimum parking requirements identified in § 100-51H(12), the reviewing authority may determine the total number of parking spaces required for a proposed land use based on actual parking needs, as demonstrated by the applicant, in the following circumstances:
The land use will not provide public access or will provide controlled access;
Employees perform their duties and communicate with their employer from a remote location, such as their home or vehicle;
The land use utilizes policies or practices involving alternate means of transportation by employees, such as public transit or carpooling;
Employees typically do not own or drive a vehicle;
The employer or employees reside at the place of business; or
Other similar extenuating circumstances that support an empirical determination of required parking for the land use.
Parking spaces required for vehicles used in the conduct of business of a proposed land use shall be determined by the reviewing authority based on actual need, as demonstrated by the applicant.
Except as otherwise provided for in § 100-51H, land uses identified in this chapter must be provided with a minimum number of parking spaces, identified as follows:
Accessory uses. No requirements.
Assembly uses. One space for each employee. One space for every four seats and one space for every eight linear feet of bench space, based on the seating capacity. If the seating capacity cannot be determined, one space is required for every 300 feet of gross floor area.
Education uses. One space for each employee. Ten spaces for an elementary or middle school; one space per four students for a high school; one space per student for an adult education or post-secondary school and one space per 10 students for a driver training school.
Health care uses. One space for each employee. One space per patient room for a hospital, nursing home or limited care facility. One space per treatment room for other occupancies.
Housing uses. One space per dwelling unit. Two spaces for a one-and-one-half-family dwelling.
Industry uses. One space for each employee.
Lodging uses. One space for each employee. One space for each rental bedroom.
Mercantile uses. One space for each employee. One space for every 200 square feet of floor area utilized for sales, up to 5,000 square feet Additional parking spaces may be required by the reviewing authority in increments of one per 200 square feet of floor area, based on the amount of floor area in excess of 5,000 square feet that is not intended for product display or storage.
Municipal uses. One space for each employee at their principal place of employment.
Production uses. One space for each employee. One space for every 200 square feet of floor area utilized for retail sales.
Professional uses. One space for each employee. One space for every 300 square feet of gross floor area.
Rural uses:
Abbatoirs. One space for each employee.
Commercial agriculture. One space for each employee. Five spaces for any commercial agriculture use offering product for sale directly to the public.
Homestead agriculture. No requirements.
Kennels. One space for each employee. One space for every five pens.
Timber harvesting. No requirements.
Seasonal uses. One space for each employee. One space per camping site for campgrounds. Spaces equal in number to 1/3 of the maximum user/patron design capacity for other uses.
Site-work uses. No requirements.
Trade uses. One space for each employee. One space for every 200 square feet of gross floor area.
Roads and sidewalks.
The construction of roads and sidewalks is subject to compliance with the requirements of the Maine Department of Transportation; Chapter 167, Roads and Streets, of the Bucksport Town Code; and § 100-51I, as applicable.
In any shoreland district, roads must be set back at least 100 feet from the shoreline of a great pond or a river that flows to a great pond and 75 feet from the shoreline of other water bodies, tributary streams, or wetlands unless no reasonable alternative exists as determined by the reviewing authority. If no other reasonable alternative exists, the road setback requirement may be no less than 50 feet upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream, or wetland. Such techniques may include, but are not limited to, the installation of settling basins or additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream, or wetland. On slopes of greater than 20%, the road setback must be increased by 10 feet for each 5% increase in slope above 20%.
Section 100-51I(2) does not apply to approaches to water crossings. Roads that provide access to permitted structures within a shoreland district setback area and to facilities located nearer to the shoreline or tributary stream due to an operational necessity must comply fully with the requirements of § 100-51I(2), except for that portion of the road necessary for direct access to the structure. Roads may not be constructed to access temporary docks for recreational uses.
New roads are prohibited in an RPO District, except the reviewing authority may grant a permit to construct a road to provide access to permitted uses within the district. A road may also be approved by the reviewing authority in an RPO District, upon a finding that no reasonable alternative route or location is available outside the district. When a road is permitted in an RPO District, the road must be set back as far as practicable from the shoreline.
In any shoreland district, road banks may be no steeper than a slope of two horizontal to one vertical and must be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in § 100-33C. Road grades may be no greater than 10% except for segments of less than 200 feet.
In order to prevent road surface drainage from directly entering water bodies, tributary streams or wetlands, roads in any shoreland district must be designed, constructed and maintained to direct stormwater to a nonscarified buffer strip of a width that is at least 50 feet, plus two times the average slope. The buffer strip must be located between the outflow point of the ditch or culvert and the shoreline. Surface drainage which is directed to a nonscarified buffer strip must be diffused or spread out to promote infiltration of the runoff and to minimize channeled flow of the drainage through the buffer strip.
In any shoreland district, ditch relief (cross-drainage) culverts, drainage dips and water turnouts must be installed in a manner effective in directing drainage onto nonscarified buffer strips before the flow gains sufficient volume or head to erode the road or ditch. To accomplish this, the following requirements apply:
Ditch relief culverts, drainage dips and associated water turnouts must be spaced along the road at intervals no greater than indicated in the following table:
Grade
(percent)
Spacing
(feet)
0% to 2%
250
3% to 5%
200 to 135
6% to 10%
100 to 80
11% to 15%
80 to 60
16% to 20%
60 to 45
21%
40 +
Drainage dips may be used in place of ditch relief culverts only where the grade is 10% or less.
On sections having slopes greater than 10%, ditch relief culverts must be placed at approximately a 30° angle downslope from a line perpendicular to the center line of the road.
Ditch relief culverts must be sufficiently sized and properly installed to allow for effective operation. Their inlet and outlet ends must be stabilized with appropriate materials.
Ditches, culverts, bridges, dips, water turnouts and other stormwater runoff control installations associated with roads must be maintained on a regular basis to assure effective operation.
The use of any public road, private road or public easement by any vehicle is not subject to approval by this chapter, except as may otherwise be required in the review of a proposed land use.
Stairs/ramps for water access. Stairways or ramps to provide shoreline access in areas of steep slopes or unstable soils are subject to the following restrictions:
The width may not exceed four feet.
The structure may not extend below or over the shoreline, unless permitted by the Department of Environmental Protection.
The applicant must demonstrate that no reasonable access alternative exists on the property.
Subsurface wastewater disposal systems.
All subsurface wastewater disposal systems must be installed and maintained in conformance with the State of Maine Subsurface Wastewater Disposal Rules, as adopted.
In any shoreland district, clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions may not extend closer than 75 feet to the shoreline.
Holding tanks are not allowed for first-time year-round or seasonal land uses. Holding tanks are not allowed as replacement systems, except for a seasonal use in any shoreland district.
Sewage disposal for any development located outside the public sewer service area must be provided by a private subsurface wastewater disposal system or a private treatment facility.
No land use or building permit may be issued for a project requiring a new or replacement subsurface wastewater disposal system unless:
There is an adequate area of suitable soils to accommodate the proposed system, as demonstrated by an HHE-200 application prepared by a qualified professional; and
A plumbing permit can be issued in accordance with the Maine Subsurface Wastewater Disposal Rules, as adopted.
In addition to the required inspections identified in the State Subsurface Wastewater Disposal Rules, an inspection of the completed installation is required to determine compliance with all applicable rules and regulations. No subsurface wastewater disposal installation may be put into use until all inspections have been completed, except as may be allowed by the Local Plumbing Inspector.
Water wells. Individual wells must be sited and constructed to prevent the infiltration of surface water and other sources of potential contamination.
Zero setback shoreline structures. Zero setback shoreline structures must comply with the following requirements, as applicable:
Soils at the shoreline must be suitable for the use. Access from shore must be developed on suitable soils and constructed so as to control erosion.
The structure may not interfere with existing developed or natural beach areas.
The structure must be located so as to minimize adverse effects on fisheries.
The structure may be no larger than necessary to carry on the activity and it must be consistent with the surrounding character and uses of the area. A temporary pier, dock or wharf in nontidal waters may not be wider than six feet for residential uses.
No structure may be built on, over or abutting a zero setback shoreline structure unless the structure requires direct access to the water body or wetland as an operational necessity.
Permanent piers and docks on nontidal waters may not be permitted unless it is clearly demonstrated to the reviewing authority that a temporary pier or dock is not feasible and that a permit has been obtained from the Department of Environmental Protection.
No existing structure built on, over or abutting a zero setback shoreline structure may be converted to a residential dwelling in any district.
Except in the DTS District and the CFMA District, no structure built on, over or abutting a zero setback shoreline structure may exceed 20 feet in height above the pier, wharf, dock or other structure.
No permanent zero setback shoreline structure may be installed or constructed until required permits from the Maine Department of Environmental Protection have been issued.
No more than one pier, dock, wharf or similar structure extending or located below the normal high-water line of a water body or within a wetland is allowed on a single lot, except that when a single lot contains at least twice the minimum shore frontage as specified in Article IX, a second structure may be allowed and may remain as long as the lot is not further divided.

§ 100-52 Trade uses.

Home-based trades. The home-based business must comply with the following standards:
The business may not subordinate the residential use of the property.
No more than 30% of the total floor area of all buildings on the property may be occupied with the business. The area occupied by the business may be in one or more buildings on the property, except no more than 30% of the total floor area of the residential dwelling may be occupied with the business.
Signage and site improvements for the business may not substantially change the residential appearance of the property.
There may be no storage of materials related to the business outside of any building.
No more than two employees residing off the property may be employed at the business location at the same time.
Parking in accordance with § 100-51H must be provided.
Cannabis testing facilities. Cannabis testing facilities must comply with the following standards:
The emission of odorous or toxic matter in such quantities as to be readily detectable at any point along lot lines so as to produce a public nuisance or hazard is prohibited. Violations of this standard shall be considered public nuisances.
An odor control plan shall be submitted as part of the site plan review application, describing the odor(s) anticipated to originate at the premises and the methods to be used to prevent such odor(s) from leaving the premises.
If the operator and/or landowner fail to bring the facility into compliance within 30 calendar days of the written notice of violation, the CEO will refer the matter for prosecution. In addition to penalties and costs recoverable under this chapter for violations, the Town may suspend or revoke other approvals, including, without limitation, any licenses, and pursue any other remedies available to the Town.
No outside cultivation, processing, or storage of cannabis, cannabis products, or related supplies is permitted.
No cannabis or paraphernalia shall be displayed or kept so as to be visible from outside the building(s).
All cannabis operations must provide for the safe, sanitary, and secure disposal of any by-products or materials resulting from the operation and must submit an operations plan to the Planning Board with the site plan which details how such by-products or materials will be disposed of.
Due to fire, explosion, and other hazards inherent in cannabis testing facilities, the owner must agree to annual inspection by the Bucksport Fire Department, and furthermore must install a Knox Box® at each locked entry (e.g., gate, door) for emergency access. Installation of Knox Boxes® must be done in coordination with the Bucksport Fire Department.
An electronic security system must be installed. The system must include video cameras and panic buttons. The system must notify the Police Department of any unauthorized breach of security. Security measures shall also include, at a minimum, the following:
Security surveillance cameras installed and operating 24 hours a day, seven days a week, with thirty-day video storage, to monitor all entrances, along with the interior and exterior of the premises, to discourage, and facilitate the reporting of, criminal acts and nuisance activities occurring at the premises; and
Door and window combination video and motion detector intrusion system with audible alarm, maintained in good working condition; and
A locking safe affixed to the premises that is suitable for storage of all cannabis, cannabis products, and cash stored overnight on the licensed premises; and
Exterior lighting that illuminates the exterior walls of the licensed premises during dusk to dawn that is either constantly on or activated by motion detectors; and
Dead-bolt locks on all exterior doors and any other exterior access points, excepting windows, which shall have locks; and
Methods to ensure that no person under the age of 21 shall have access to cannabis and cannabis products.
The operation of any cannabis testing facility without the required local cannabis license or in violation of the requirements of this subsection shall be a violation of this chapter.
Fines shall be set forth for violation of any of the provisions of this subsection; violators shall be punished by a civil penalty of not less than $1,000 and not more than $10,000 for each violation, plus attorneys' fees and costs, to be recovered on complaint to the use of the Town.
Each day a violation is committed or permitted to continue shall constitute a separate violation and shall be fined as such.
Compliance with other laws. A cannabis testing facility shall meet all operating and other requirements of state and local law and regulation. To the extent the state has adopted or adopts in the future any stricter law or regulation governing cannabis testing facilities, the stricter law or regulation shall control.
Every cannabis testing facility shall allow Code Enforcement Officers to enter the premises at reasonable times for the purpose of checking compliance with all applicable state laws and this chapter.
The Town may suspend or revoke a license for any violation of this chapter or any other applicable building and life safety code requirements. The Town may suspend or revoke a license if the licensee has a state license for any cannabis establishment and/or medical cannabis establishment suspended or revoked by the state. The licensee shall be entitled to notice and a hearing prior to any suspension or revocation.
Off-site services. Off-site service businesses with no base of operation in the Town may perform their services in the Town without review or approval, except as may otherwise be required by this chapter or any other applicable requirement of the Bucksport Town Code.
On-site services.
Personal care services.
Vehicle services, Class 1. No Class 1 vehicle service business may store any junk vehicle or scrapped vehicle parts on the property. The reviewing authority may require parking areas for customer vehicles to be screened from view from a public street or abutting residential properties.
Vehicle services, Class 2. No Class 2 vehicle service business may store any junk vehicle or scrapped vehicle parts on the property. The reviewing authority may require parking areas for customer vehicles to be screened from view from a public street or abutting residential properties.