The Town of Falmouth is hereby divided into the following classes of districts as shown on the Zoning Map.  

1. A.
   Residential Districts

1. 1.
   Farm and Forest District (FF)
2. 2.
   Highland Lake Residential District (HL)
3. 3.
   Residential District (RA)
4. 4.
   Residential District (RB)
5. 5.
    Residential District (RC)
6. 6.
   Residential District (RD)
7. 7.
   Open Space Residential District [Adopted 3/27/89] [Repealed 6/19/06] (OSRD)

2. B.
   Commercial/Mixed Use Districts

   1. 1.
      Village Center 1 (VC1) [Adopted 05/13/2013]
   2. 2.
      Village Center 2  (VC2) [Adopted 05/13/2013] 
   3. 3.
      Village Center Civic (VCC) [Adopted 05/13/2013]
   4. 4.
      Mixed Use Cluster District (MUC)
   5. 5.
      Village Mixed Use District (VMU)
   6. 6.
      Elementary School Redevelopment District (ESRD) [Adopted 05/30/12]
   7. 7.
      Route One North District (R1N)
3. C.
   Overlay Districts

1. 1.
   Route 100 Corridor Overlay District (CO) [Adopted 1/25/88]
2. 2.
   Shoreland Districts:

1. a.
   Resource Protection District (RP)
2. b.
   Limited Residential District (LR)
3. c.
   Limited Commercial District (LC)[Adopted 5/27/92]
4. d.
   Stream Protection District (SP) [Adopted 5/27/92]

3. 3.
   Retirement Community Overlay Districts

1. a.
   Ocean View Retirement Community (OVRC)[Adopted 11/23/98]
2. b.
   Avesta Retirement Community (AVRC) [Adopted 05/23/16]

4. 4.
   Highland Lake Conservation Overlay District (HLCOD) [Adopted 11/27/00]
5. 5.
   Resource Conservation Zoning Overlay District (RCZO) [Adopted 12/22/05]
6. 6.
   Water View Overlay District (WVOD) [Adopted 05/30/12]
7. 7.
   Village Center Overlay District [Adopted 11/23/98] [Repealed 05/13/13]
8. 8.
   Garden Center Special Overlay District (GCSOD) [Adopted 05/12/2014]

5. E.
   Special Districts

1. 1.
   West Falmouth Crossing Master Planned Development District (WFCMP) [Adopted 1/26/98] [Amended 12/22/05]
2. 2.
   Tidewater Master Planned Development District (TWMP) [Adopted 4/4/05]
3. 3.
   Village Park Special District (VPSD) [Adopted 05/28/2014]
4. 4.
   Hat Trick Drive Special District (HTDSD) [Adopted 11/24/2014]
5. 5.
   234 Middle Road Special District (MRSD) [Adopted 11/24/08]

Effective on: 3/27/2017

The farm and forest district is an area which is not expected to be provided with public sewer, located in a generally rural area and intended to remain in that character. The district allows residential uses at low density and recreational and agricultural pursuits.

Effective on: 1/10/2022

¹ Notwithstanding the provisions of 1 M.R.S. §302, the amendments passed in Ordinance No. 127-2019 (effective 5/29/2019) shall apply retroactively and shall govern any and all actions, proceedings, and applications pending on or at any time after May 3, 2019 to the extent permitted by law.  Notwithstanding any other provision of this Ordinance, any lot created on or after May 3, 2019 must conform with the requirements of these ordinance amendments and any such lot that does not conform thereto shall not be deemed a legally nonconforming lot with respect to such requirements.

Effective on: 1/10/2022

Effective on: 7/24/2023

Minimum Setbacks In Feet

Effective on: 1/10/2022

Effective on: 1/10/2022

Effective on: 1/10/2022

The District is established to allow an intentionally diverse mix of residential and nonresidential land uses within the Town’s designated growth area.  The District provides zoning flexibility to allow a broad range of housing and business types and to promote an efficient use of land by allowing different land uses to be sited in close proximity to each other.

Dimensional Standards

1. 1.
   There shall be no requirements for minimum lot area, minimum lot width, minimum setbacks, or maximum lot coverage, however, buildings may not be located within a street right of way.
2. 2.
   Nonresidential structures and uses shall comply with the requirements of Section 19-37 (Buffers).
3. 3.
   Maximum building height:  Notwithstanding any provision of Section 19-53 to the contrary, buildings are not restricted by number of stories.  Buildings shall have a maximum height of:

   1. a.
      55 feet if located on the west side of Route One;
   2. b.
      45 feet if located on the east side of Route One.

Additional Standards

The following standards shall apply to all projects requiring Planning Board review or Minor Site Review:

1. 1.
   Maximum Residential Density (Sec.19-64.1)

Maximum residential density shall be 5,000 sf/unit, however, this maximum residential density requirement shall not apply to dwelling units in vertical mixed use buildings. Vertical mixed use buildings are exempt from any density limitations under Sec.19-64.1.

2. 2.
   Pedestrian and Bicycle Circulation

   1. a.
      Development shall include a well-defined, safe bicycle and pedestrian circulation system that encourages walking and cycling and that, wherever possible, provides connections to adjacent developments and to adjacent bicycle and pedestrian facilities.
   2. b.
      A minimum of one bike rack shall be provided near each customer entrance of a building and be placed so as to minimize conflicts with pedestrians.  Single-family and two-family dwellings are exempt from this requirement.
3. 3.
   Access Management

   1. a.
      The limitation on curb cuts in Section 19-140.b shall apply to all land uses within the R1N District.
   2. b.
      To facilitate internal circulation, and to minimize turning movements on Route One, developments with frontage on Route One are encouraged to be connected with vehicular connections to adjacent developments with frontage on Route One. Provision of inter-parcel vehicular connections to adjacent properties will result in a four parking space reduction in the minimum number of parking spaces otherwise required for the development under Section 19-38 provided that an inter-parcel access easement is recorded at the Registry of Deeds.
4. 4.
   Landscaped Border Strip

All uses shall be required to maintain a landscaped border strip along the street right-of-way in accordance with Section 19-153.

5. 5.
   Future Development Concept Plan

Prior to or concurrent with the submission of a subdivision or site plan application for all or a portion of a lot, and prior to the Planning Board granting subdivision or site plan approval for any project, the property owner shall submit a future development concept plan (“concept plan”) to the Planning Board. The concept plan shall be based upon a site inventory plan identifying existing conditions on the entire land area owned by the property owner and, to the maximum extent possible, existing conditions within 200 feet of the area owned by the property owner. The concept plan and site inventory plan shall be prepared by a registered landscape architect or a professional engineer.  The site inventory plan shall identify major development opportunities and development constraints on the property and shall include the following: natural drainage features; topography; environmentally sensitive areas including streams, floodplains, and wetlands; existing and proposed buildings, land uses, and utilities; roads; and other significant man-made and natural features of the site.

The concept plan shall identify the areas on the property that are proposed to be developed immediately and the areas of the property that have the potential to be further developed or redeveloped in the future. The concept plan shall include both a map and a written narrative describing how the proposed development and any existing or potential adjacent developments may be coordinated with each other in a way that will generally meet the standards within the Town’s ordinances. The concept plan will be used to provide guidance to applicants and the Planning Board in the submission and review of development proposals.  The concept plan may be in schematic form and must depict an overall conceptual circulation system that promotes vehicular and pedestrian connectivity, minimizes dead end road and driveway conditions, minimizes impacts to environmentally sensitive areas, and coordinates accesses and curb cuts onto Route 1. 

Once the concept plan has been submitted with the Planning Board, any application for approval shall be consistent with the concept plan unless a revised concept plan is submitted and reviewed by the Planning Board.

Effective on: 4/24/2023

To establish within the Town of Falmouth areas for well-planned mixed use developments with access to the region's major highway system.

"MUC"- Mixed Use Cluster

Effective on: 4/27/2026

To establish within the Town of Falmouth areas for small scale, low intensity nonresidential uses which are compatible with the residential character of the district.  Areas designated as VMU are areas with historical development patterns as village centers.

Additional Standards

Notwithstanding the setback requirements above and in subsection 19-136.c, the area between the front lot line and a line drawn at the actual front setback depth and parallel to a straight line connecting the intersections of the front lot line with the side lot lines shall not be used for parking or service and shall be maintained as landscaped area except for necessary access roads and pedestrian ways.

Effective on: 1/10/2022

To establish additional development standards for all uses within one thousand (1,000) feet either side of the centerline of Route 100 (the Gray Road), throughout its length in Falmouth, to assure that the traffic capacity of Route 100 is maintained while the visual environment and rural character of the corridor is maintained.

Additional Standards

1. In the Farm and Forest District, the Sec.19-7 maximum residential density number of 80,000 square feet per dwelling unit may be reduced by ten (10%) percent for residential planned developments which maintain a one hundred (100) foot landscaped buffer zone between Route 100 and the nearest building, and may be reduced an additional five (5%) percent for each additional fifty (50) feet of buffer width to a maximum reduction of twenty-five (25%) percent. [Amended 12/22/05]
2. Any residential lot created after the effective date of this Route 100 Corridor Overlay District, whether or not a part of a subdivision, shall have its required road frontage on a street other than Route 100 unless the Planning Board determines that physical conditions particular to the parcel justify the granting of a waiver from this requirement. A waiver shall be granted only if there will be no further subdivision of the parcel and one of the following conditions is met:
   1. There is too little road frontage to reasonably allow creation of a new way;
   2. The shape or physical condition of the parcel does not permit access to or creation of a street other than Route 100; or
   3. Common access will be utilized which will allow all proposed lots to be serviced by one new curb cut.
3. The limitation on curb cuts found in subsection 19-140.b, shall apply to all parcels within the Overlay District.
4. [Repealed July 24, 2017.]
5. All uses shall be required to maintain a landscaped border strip along the street right-of-way of Route 100 meeting the requirements of subsection 19-153. 
6. Prior to the division of any existing lot of record having a gross lot area of ten (10) acres or more or five hundred (500) or more feet of street frontage on Route 100 and prior to the submission of a subdivision or site plan for all or a portion of a lot, the owner shall file a master development plan with the Planning Board.
   
   The master development plan shall be conceptual in nature and shall be based upon a site inventory plan identifying the major development opportunities and constraints associated with the site. This inventory shall be prepared by a registered landscape architect or registered professional engineer and shall show in a conceptual manner natural drainage features, environmentally sensitive areas, prime development areas, potential points of vehicular access, and other significant man-made and natural features of the site.
   
   The master development plan shall address the overall use of the parcel, the overall vehicular circulation system within the parcel, the coordination of accesses onto Route 100, the general layout of utilities and drainage and provisions for buffering. The master development plan shall also demonstrate how the requirements of the Corridor Overlay District and the standards of this Ordinance will be met. 
   
   Once the master development plan has been filed with the Planning Board, any division of land or application for approval shall be consistent with the plan unless a revised master development plan is filed.

Effective on: 7/24/2017

Effective on: 12/9/2013

On occasion, general zoning district designations and traditional zoning methods are inadequate to fully deal with the unusual nature or unique location of specific proposals for development. In these special situations, more flexible and adaptable zoning methods are needed to permit differing land uses in both developed and undeveloped areas. 

To achieve this flexibility, conditional rezoning is hereby adopted pursuant to authority granted under Title 30-A, M.R.S.A., § 4352. Conditional rezoning imposes stricter and more individualized restrictions on development than those imposed by the general zoning standards in order to mitigate potential negative impacts on subject, abutting, and nearby properties caused by the rezoning.

Such rezonings may also permit development that is more consistent with the growth management objectives of the Town.

All conditional rezonings by the Town Council must: 1) be consistent with the Comprehensive Plan and the Open Space Plan; 2) establish rezoned areas which are consistent with the existing and permitted uses within the original zones; and 3) only include restrictions which relate to the physical development or operation of the property.

To create a planned development at the West Falmouth Crossing interchange that will be in keeping with the semi-rural character of West Falmouth and surrounding neighborhoods. To permit maximum creativity in site design and to ensure high quality construction with special attention to landscaping, lighting, building orientation and form, coordination of architecture, and signage. To accomplish these goals, the Town Council may approve a Master Development Plan that guides the site plan review process in keeping with general performance standards of the ordinance, but with more flexibility granted to developers and the Planning Board in implementing the approved Master Development Plan. *(Formerly Exit 10 Master Planned Development District)

Effective on: 12/9/2013

[Adopted 11/23/98, Amended 10/13/09, 05/30/12, 05/23/16]

The Retirement Community Overlay District is intended to provide flexibility and creativity in the design and development of retirement communities that provide a range of living environments for older residents in locations that are appropriate for this type of development. The overlay district is designed to foster high quality communities that are an asset to the Town and are integrated into the neighborhood.

The purpose of the Tidewater Master Planned Development District is to allow the development of the Tidewater area into a high quality, mixed use commercial-residential neighborhood while preserving a significant portion of the area as open space including much of the historic Tidewater Farm. The standards and procedures of the district are designed to permit maximum creativity in site design and to ensure high quality construction with special attention to landscaping, lighting, building orientation and form, coordination of architecture, and signage. To accomplish these goals, the Town Council may approve a Master Development Plan that guides the site plan review process in keeping with general performance standards of the ordinance, but with more flexibility granted to developers and the Planning Board in implementing the approved Master Development Plan.

To establish within the Town of Falmouth an area as shown on the attached fragmentary map entitled, “Proposed Waterview Overlay District” and dated February 23, 2012. Non-conforming single family dwellings and nonconforming lots shall receive a Conditional Use Approval from the Board of Zoning Appeals and comply with Sections 19-119 and 19-123.

Effective on: 12/9/2013

Effective on: 7/13/2015

Sec. 19-11.1 Purpose of the Districts: The Village Center is planned as a mixed use area, providing the community with a vibrant retail and service, professional office and residential core. Specific purposes are:

1. Provide and encourage greater intensity of land use;
2. Capitalize on existing utility infrastructure;
3. Allow mixed uses of commercial, residential and civic;
4. Provide transportation infrastructure that supports motorists, pedestrian, transit riders and cyclists; and
5. Create a building edge at the sidewalk.

Effective on: 12/9/2013

Sec. 19-11.2 General Requirements

If any portion of this section conflicts with any other section of this ordinance or the Subdivision Ordinance, the standards of this section shall prevail.

Effective on: 12/9/2013

Sec. 19-11.3 Use and Maximum New Ground Floor Tenant Area Tables

Sec. 19-11.4 Exemptions and Allowances for Existing Ground Floor Tenant Areas

Sec. 19-11.5. Village Center Performance Standards

These standards govern the development and re-development of properties within the Village Center Districts and are intended to be integrated with 2013 Route One South Infrastructure Plan. These standards apply to any new development or redevelopment requiring site plan approval under Div. II-19-1-9 of this ordinance. Standards are required unless expressly noted that the approval authority may grant waivers.

Sec. 19-17.1 Requests for conditional rezoning shall be submitted in writing to the Town Council with a fee as established by the Town Council. Upon receipt of a request for conditional rezoning, the Town Council may adopt an order referring the request to the Planning Board for review and recommendation. The Town Council shall conduct at least one public hearing before any property is rezoned under this subsection. Notice of the hearing shall be posted in the Town Hall at least fourteen (14) days before the public hearing and shall be published in a newspaper of general circulation at least two (2) times, the date of the first publication to be at least seven (7) days prior to the hearing. Notice shall also be sent to the owners of all abutting property at their last known address. This notice shall contain a copy of the proposed conditions and restrictions, with a map indicating the property to be rezoned.

Effective on: 12/9/2013

Sec. 19-17.2 All development and use of rezoned property must comply with the performance standards of this Ordinance and with the use and spatial requirements of the zoning district in which the rezoned property is placed. Conditions imposed by the Town Council may be more restrictive, but not less restrictive, than the applicable requirements of this Ordinance. Conditions and restrictions shall relate to the physical development or operation of the property and may include, without limitation, the following:

1. Limitations on the number and types of permitted and conditional uses, and re-designation of permitted to conditional uses and vice versa.
2. Restrictions on the scale and density of development, and on the days and hours of operation.
3. Specifications for the design and layout of buildings or other improvements, including landscaping.
4. Schedules for commencement and completion of construction.
5. Performance guarantees securing completion and maintenance of improvements, including landscaping, and guarantees against defects.
6. Preservation of open space and buffers, and protection of natural areas and historic sites.
7. Provisions for reservation or dedication of land for public purposes.
8. Contributions toward the provision of municipal services required by the development, including, for example, infrastructure improvements such as roads and sewers, and specialized maintenance needs arising from the rezoning.
9. Provisions for enforcement and remedies for breach of any conditions or restrictions.  

Effective on: 12/9/2013

Sec. 19-17.3 Preliminary site plan or subdivision review must be completed before the Town Council conducts its final hearing and takes final action to approve the request for rezoning. The Planning Board may conduct the preliminary site plan or subdivision review concurrently with Council review of the request for rezoning.

Effective on: 12/9/2013

Sec. 19-17.4 If the Town Council rezones the proposed property under this section, the conditions, uses, and standards shall remain in effect unless and until such time as:

1. one hundred and eighty (180) days pass without the filing of final site plans and subdivision plans to the Planning Board, unless the applicant shows that additional time is necessary due to required local, state, or federal permits or approvals;
2. the Planning Board denies the request for final site plan or subdivision approval based upon the criteria and standards of those ordinances; or
3. the developer abandons the project and the developer or property owner(s) request that the rezoning be rescinded. The Council may also initiate said rescinding if it is determined to be in the public interest.

Effective on: 12/9/2013

Sec. 19-18.1 Applicability

The provisions of the Resource Conservation Zoning Overlay (RCZO) District shall apply to those areas described on the Zoning Map but do not apply to residential planned developments or to Sec.19-21, Retirement Community Overlay Districts.  The requirements of this District only apply to new single-family, two-family, and multi-family residential development that requires review and approval by the Planning Board.

Effective on: 3/12/2018

Sec. 19-18.2 Coordination with the Underlying Zone

The provisions of this district supplement the provisions of the underlying zoning district. Where the specific provisions of the RCZO District vary from the requirements of the underlying district, these provisions shall govern.

Effective on: 3/12/2018

Sec. 19-18.3 Conformance with Other Standards

All development and use of land within the RCZO District shall conform to all other requirements of the Zoning and Site Plan Review Ordinance except as specifically provided for in Section 19-18.

Effective on: 12/9/2013

Sec. 19-18.4 Allowed Development Patterns

The development of land within the RCZO District may occur in accordance with any one or a combination of the following development patterns:

1. Conservation Subdivisions – A parcel of land may be developed in accordance with the provisions of Sub-Section 19-18.5, Standards for Conservation Subdivisions.
2. Country Estate Subdivisions – A parcel of land may be subdivided into lots in accordance with the provisions of Sub-Section 19-18.6, Standards for Subdivision Development Using Country Estate Lots.
3. Country Estate Lots That Are Not Part of a Subdivision – Individual lots that are not part of a subdivision may be created in accordance with the provisions of Sub-Section 19-18.7, Country Estate Developments Not Involving a Legal Subdivision of Land.
4. Exempt Lots – A single residential lot may be created from an existing lot of record in accordance with the provisions of Sub-Section 19-18.8, Exempt Lots.

Effective on: 3/12/2018

Sec. 19-18.5 Standards for Conservation Subdivisions

1. A.
   Purpose – The preferred form of development within the Resource Conservation Zoning Overlay (RCZO) District is conservation subdivisions. This section establishes standards for conservation subdivisions that set aside a significant portion of the site as common open space that is permanently protected while allowing the dwellings to be located on the portions of the site that have the least natural, cultural, or historical resource value for conservation purposes. The standards are intended to ensure that those areas of the site that are not developable or that have natural resource value are included in the common open space.
   
   These provisions are designed to ensure that conservation subdivisions developed in the Town of Falmouth:

   1. 1.
      Preserve those areas of the site that have the highest natural resource value for conservation purposes;
   2. 2.
      Preserve identified historic, archeological, and cultural features located on the site;
   3. 3.
      Locate the buildings and structures on those portions of the site that are most appropriate for development;
   4. 4.
      Create continuous open spaces or “greenways” by linking the common open spaces in adjoining subdivisions wherever possible; and,
   5. 5.
      Minimize the impact of residential development on the Town, neighboring properties, and the natural environment.
2. B.
   Maximum Density -  [repealed 7/11/2016] See Sec. 19-64
3. C.
   Required Common Open Space – Common open space shall be designated as prescribed below: [Amended 12/17/07] 

   1. 1.
      Minimum Acreage Amount Required – The acreage amount of common open space provided within the subdivision shall be equal to or greater than the sum of the following (rounded up to the nearest tenth of an acre): [Amended 5/14/18]

      1. a.
          In the F and HL Districts: fifty percent (50%) of the calculated Net Residential Area; plus the area equal to the total number of acres of unsuitable area that were deducted from the gross area of the site to determine the Net Residential Area under Section 19-64. [Amended 1/24/11]
      2. b.
          In the RA, RB, RC, and RD Districts: thirty percent (30%) of the calculated Net Residential Area; plus the area equal to the total number of acres of unsuitable area that were deducted from the gross area of the site to determine the Net Residential Area under Section 19-64.
   2. 2.
      Priorities for Land Included in Open Space – The land set aside in the common open space shall be proposed by the applicant based upon the following priorities. Final selection of the land to be set aside as common open space shall be determined by the Planning Board based on its assessments of the importance of the types of conservation areas in the context of the project’s location and configuration. [Amended 12/17/07]
      
      Priority 1 - Primary Conservation Areas as defined in Div. II-19-1-2. [Amended 12/17/07]
      
      Priority 2 - Secondary Conservation Areas that provide protection for unique or irreplaceable resources including the habitat of rare, significant, or endangered species, the upland habitat of vernal pools mapped by the Town, archeological or historic sites, landmarks, and cemeteries.
      
      Priority 3 - Secondary Conservation Areas that provide for the continuation of resource systems into or through the site such as shorelands, river or stream corridors, wildlife travel corridors, trails, and unfragmented habitat blocks. The width of such corridors shall be as follows: [Amended 12/17/07]

      1. a.
         Shorelands, river or stream corridors - 100% of the width of any required vegetative buffer in addition to the required buffer
      2. b.
         Wildlife travel corridors – 300 feet
      3. c.
         Trail Corridors – 25 feet on either side of the trail
   3. Priority 4 - Secondary Conservation Areas that are adjacent to other protected open space.
   4. Priority 5 - Secondary Conservation Areas that maintain the rural character of roadsides.
   5. Priority 6 - Secondary Conservation Areas that include identified scenic resources including viewsheds and agricultural fields along with the forested margin adjacent to these resources.
   6. Priority 7 - Secondary Conservation Areas that encompass groups of small wetlands not included in #1, streams or ponds in a continuously forested area.
   7. Priority 8 - Other Secondary Conservation Areas including fields, aquifer recharge areas, deer yards, and other identified habitat.

1.   
   3. 3.
      Use of the Common Open Space -- The common open space in a Conservation Subdivision shall not be used as the location for dwelling units or other nonresidential buildings or parking except as provided for below and shall only be used for the following purposes:

      1. a.
         The conservation and protection of natural resource areas, wildlife habitats, scenic features or views, and identified cultural or historic features such as stone walls, cemeteries, and similar identified features or resources;
      2. b.
         Outdoor recreation uses and facilities including related accessory structures and buildings that are compatible with the overall scale and character of the subdivision provided that no more than 25% and a maximum of 3 acres of the common open space is altered or developed for recreational facilities and that any building shall have a gross floor area of less than two hundred (200) square feet and the total gross floor areas of all such buildings shall be less than one thousand (1,000) square feet;
      3. c.
         Indoor community or recreational facilities that primarily serve residents of the subdivision, having a total gross floor area for all such facilities of less than two thousand (2,000) square feet, and that are compatible with the overall scale and character of the subdivision;
      4. d.
         Forest management and agricultural uses including animal husbandry that are specifically approved by the Planning Board as part of the subdivision approval;
      5. e.
         Support facilities necessary for the subdivision including individual or community wells, stormwater management facilities, underground utility lines and related facilities such as sewer pump stations, small community storage buildings, and similar buildings and structures that are needed for the operation of the subdivision but not including personal storage buildings or sheds;
      6. f.
         Individual or group subsurface wastewater disposal systems or parts thereof, provided that this use was approved as part of the subdivision plan and that appropriate legal arrangements are established and approved by the Planning Board for the maintenance and operation of these facilities;
      7. g.
         Other appropriate uses that are compatible with the overall scale and character of the subdivision and that are specifically approved by the Planning Board.
         
         Permanent provisions for the use, ownership, and maintenance of the common open space including provisions for screening and buffering shall be established subject to approval by the Planning Board as part of the approval of the subdivision in accordance with Ch. II-7, Land Subdivision.
   4. 4.
      Stewardship Requirements -- Appropriate legal mechanisms for the on-going maintenance and stewardship of the common open space shall be established, including the creation of a stewardship account or payment to the Town’s Stewardship Fund as set forth in Ch. II-7, Land Subdivision, subject to approval by the Planning Board as part of the approval of the subdivision in accordance with  Ch. II-7, Land Subdivision Ordinance.
   5. 5.
      Common open space shall not be included in residential lots. [Adopted 5/29/07]

4. D.
   Standards for Individual Residential Lots -- Lots, where applicable, that are created for residential development as part of a conservation subdivision, and the subsequent development of those lots, shall conform to the following standards:

   1. 1.
      Minimum Lot Size -- Individual lots that are created as part of a Conservation Subdivision may be smaller than the required minimum lot size for the district in which it is located, and are not subject to the minimum lot area per dwelling unit standard of the underlying district. The size of the individual lots shall be shown on the subdivision plan and shall be subject to Planning Board approval based upon its finding that the lot sizes will allow for the creation of a high quality living environment for the residents of the subdivision and provide for adequate sewage disposal. In no case shall any lot served by a subsurface wastewater disposal system in RB, RC, RD, HL or FF be less than twenty thousand (20,000) square feet in area.  In no case shall any lot in RB, RC, RD, HL or FF served by the public sewer system be less than ten thousand (10,000) square feet in area. In no case shall any lot served by a subsurface wastewater disposal system in RA be less than 10,000 square feet in area.  In no case shall any lot served by the public sewer system in RA be less than 5,000 square feet in area. [Amended 07/11/16]
   2. 2.
      Minimum Lot Width – The minimum lot width for lots in a conservation subdivision in RC, HL or FF shall be one hundred twenty-five (125) feet. Lots in RB or RD shall have a minimum lot width of 100 feet.  Lots in RA shall have a minimum lot width of 50 feet.  Notwithstanding the provisions above, the Planning Board may reduce the minimum lot width by up to fifty (50%) percent provided that the project is developed according to an approved master development plan where each individual lot is subject to design review of the lot layout and building design according to parameters and guidelines submitted by the developer and approved by the Planning Board.  Said design parameters shall include maximum lot coverage, floor area ratio, and major building axis line relationship to street line (parallel or perpendicular) for each lot to ensure that each lot will be developed in a way that coordinates with adjacent lots, prevents building crowding, and provides adequate yard spaces and privacy screening, while avoiding a repetitive pattern of housing orientation and design throughout the project.  [Amended 7/11/16]
   3. 3.
      Minimum Street Frontage – The minimum street frontage for lots in a conservation subdivision in RC, HL or FF shall be no less than one hundred twenty-five (125) feet.  Lots in RB or RD shall have a minimum street frontage of 100 feet.  Lots in RA shall have a minimum street frontage of 50 feet. Notwithstanding the provisions above, the Planning Board may reduce the minimum street frontage by up to 50% if a master development plan is submitted per subsection 2 above. Lots that have their required street frontage on a turning circle may have less street frontage than the required minimum, but in no case shall any lot have less than fifty (50) feet of street frontage, except for lots in RA, which may not be less than 25 feet. The amount of frontage for the individual lots shall be shown on the subdivision plan and shall be subject to Planning Board approval based upon its finding that the lot frontages will allow for the creation of a high quality living environment for the residents of the subdivision and provide adequate access to the residences and other facilities.
   4. 4.
      Minimum Front Setback – The minimum front setback for lots in a conservation subdivision shall be  fifteen (15) feet except for lots in RA and RB, for which the minimum front setback shall be 10 feet. The Planning Board shall approve the minimum front setback for each lot as part of the subdivision approval. The size of the minimum front setback for each lot shall be shown on the subdivision plan and may vary from lot to lot or in different areas of the subdivision. In approving the minimum setbacks, the Planning Board shall find that the setbacks will: 1) allow the principal building to be sited in accordance with the Four Step Design Process, 2) allow for the creation of a high quality living environment for the residents of the subdivision, 3) allow for the preservation of significant natural resources, and 4) provide for adequate privacy for each unit based upon the character of the lot and proposed landscaping of the lot.
   5. 5.
      Minimum Building Separation/Setbacks – When a side or rear yard of a lot containing a residence or other building abuts the external perimeter or property line of a Conservation Subdivision, the minimum side and rear yard setbacks shall be the required minimum setback for the underlying district in which the subdivision is located. The minimum side and rear yard setbacks from internal property lines within a Conservation Subdivision shall be determined by the Planning Board as part of the subdivision approval and may be less than the required setbacks established by the district regulations. The size of the minimum setbacks for each lot shall be shown on the subdivision plan and may vary from lot to lot or in different areas of the subdivision. In approving the minimum setbacks, the Planning Board shall find that the setbacks will: 1) allow the principal buildings to be sited in accordance with the Four Step Design Process, 2) allow for the creation of a high quality living environment for the residents of the subdivision, 3) allow for the preservation of significant natural resources, and 4) provide for adequate privacy for each unit based upon the character of the lot and proposed landscaping of the lot. In all cases, the separation distance between principal buildings within the subdivision, whether on the same lot or on different lots, shall conform to the requirements of the Town’s building code and the NFPA fire protection codes based upon the type of construction and the use of the buildings.
5. E.
   Layout and Design of the Subdivision – The subdivision, including the location of the common open space, lots, and streets, shall be laid out in accordance with the Four Step Design Process set forth in the Land Subdivision Ordinance. Documentation of the Four Step Design Process shall be provided as part of the subdivision application.
6. F.
   Streetscape Buffers Adjacent to Existing Public Streets -- A vegetated buffer strip shall be maintained along any public street existing as of April 1, 2005 that is adjacent to a Conservation Subdivision to minimize the visual impact of the Conservation Subdivision on the streetscape. The depth of the buffer strip shall be at least one hundred (100) feet. This provision shall be reduced to twenty-five (25) feet for individual residential lots that front on public streets that existed as of April 1, 2005. No parking, buildings, structures, or recreational facilities, with the exception of trails required under Appendix 7-1 N. of Land Subdivision, shall be permitted within this buffer strip but accessory structures such as signs, walls, underground utility structures, and drainage facilities may be located within this buffer. The buffer strip may be crossed by driveways or access drives that run essentially perpendicular to the street. The buffer strip shall be naturally vegetated or landscaped in a manner appropriate to the existing site conditions and the secondary conservation value of the strip. The treatment of the buffer strip shall be subject to approval by the Planning Board as part of the approval of the subdivision. Appropriate legal mechanisms shall be established by the subdivider, subject to approval by the Planning Board as part of the approval of the subdivision, to assure that the buffer strip will be permanently protected and maintained. [Amended 5/29/07]
   
   Trails required under Appendix 7-1 N. of Land Subdivision Ordinance may be located within the buffer strip. [Adopted 5/29/07]
7. G.
   Perimeter Buffers -- A vegetated buffer strip shall be maintained along the external perimeter or property line of the Conservation Subdivision, with the exception of property lines along public streets, to minimize the impact of the Conservation Subdivision on abutting properties. The width of the buffer strip shall be at least fifty (50) feet. If the buffer strip abuts a water body or wetland, the width and treatment of the buffer strip shall be expanded to comply with the most restrictive requirements of Div. II-19-1-7, Shoreland Zoning and Section 19-71, where applicable. No parking, buildings, structures, or recreational facilities, with the exception of trails required under Appendix 1(N) of the Subdivision Ordinance, shall be permitted within this buffer strip but accessory structures such as walls, underground utility structures, and drainage facilities may be located within this buffer. The buffer strip shall be naturally vegetated or landscaped and the treatment shall be subject to approval by the Planning Board as part of the approval of the subdivision. Appropriate legal mechanisms shall be established by the subdivider, subject to approval by the Planning Board, to assure that the buffer strip will be permanently protected and maintained. [Amended 5/29/07]
   
   Trails required under Appendix 7-1 N of Land Subdivision and street right of ways for future street connections may be located within the buffer strip. [Adopted 5/29/07]
   
   Access roads may be located in the buffer strip where the Planning Board determines through the 4-Step Design Process that the resulting road location and subdivision design best achieves the purposes of a conservation subdivision as listed in Section 19-18.5.A.1-5. [Adopted 5/29/07]
8. H.
   Conceptual Long Range Development Plan -- When a Conservation Subdivision will not utilize the entire parcel and there is potential for future subdivision or development of the parcel or any of the lots being created, the application for subdivision approval shall include a Conceptual Long Range Development Plan showing the potential utilization of the lots and the balance of the parcel not being subdivided. The Long Range Plan is intended to be conceptual in nature, to rely on published data about natural resources relevant to the parcel and the built environment, and to demonstrate that the current subdivision proposal will not compromise important conservation values or the long term development of the parcel as a Conservation Subdivision. This plan shall show the relationship of the proposed subdivision area to the balance of the parcel and to adjacent land. This plan shall analyze the conservation and development potential of the remaining area of the parcel and shall show, in general terms, the potential street network, open space areas, and development areas in a manner that demonstrates that both the proposed development and the future development can occur so that it conforms to the requirements for Conservation Subdivisions and preserves the significant natural resource and conservation values of the entire parcel.
9. I.
   Alteration of Natural Resources – [Adopted 12-17-07] The Planning Board may allow the alteration of only those protected resources and their associated buffers and setbacks, as defined in Section 19-71, for those improvements listed in Section 19-71.5. B. with a finding that:

   1. 1.
      The resulting subdivision design best achieves the purposes of a conservation subdivision as listed in Section 19-18.5.A.1-5 and as determined through the Four Step Design Process (see Appendix 7-9, Land Subdivision);
   2. 2.
      The design is integrated with the natural topographic conditions and minimizes the need for cuts and fills;
   3. 3.
      That the impacts on the resource(s) and their respective buffers and setbacks as defined in Section 19-71 have been minimized; and
   4. 4.
      The design and function of the improvements incorporate accepted best management practices.

Effective on: 5/14/2018

Sec. 19-18.6 Standards for Subdivision Development Using Country Estate Lots

1. A.
   Purpose – The alternative form of development within the Resource Conservation Zoning Overlay (RCZO) District is the use of Country Estate lots either as part of a subdivision or as individual lots that do not constitute a subdivision. These standards are intended to assure that the layout of the lots respects those areas of the site that have natural resource value, protects the rural character of the RCZO District, and provides reasonable access to lots for public safety purposes.
2. B.
   Standards for Individual Lots – Country Estate lots shall conform to the following standards:

   1. 1.
      Minimum Lot Size – Three hundred fifty thousand (350,000) square feet
   2. 2.
      Minimum Lot Area per Dwelling Unit: 350,000 square feet
   3. 3.
      Minimum Net Residential Area Per Unit – Forty-thousand (40,000) square feet. [Amended 1/24/11]
   4. 4.
      Minimum Lot Width – The distance between the opposing lot lines measured through the principal buildings on the lot shall be three hundred (300) feet
   5. 5.
      Minimum Street Frontage – A Country Estate lot shall have the following minimum street frontage based upon the type of street:
      - a public street in existence as of April, 1, 2005:  400 ft
      - a public street created after April 1, 2005:  200 ft
      - an approved private street:  100 ft
      - an approved private access drive for country estates:  25 ft (See Sec. 19-75)
   6. 6.
      Minimum Property Line Setback – All principal buildings shall be setback a minimum of seventy-five (75) feet from any property line. Accessory buildings and structures with less than two hundred (200) square feet of footprint area shall be set back a minimum of fifty (50) feet from any property line. Any other accessory buildings and structures shall be setback a minimum of seventy-five (75) feet from any property line.
3. C.
   Layout and Design of the Development – Any subdivision shall be laid out in accordance with the Four Step Design Process set forth in Appendix 7-9 of Land Subdivision. This process shall be used to guide the location of building sites, lots, and access to minimize the impact on identified Primary and Secondary Conservation Areas. Documentation of the Four Step Process shall be provided as part of the review of the project.
4. D.
   Streetscape Buffers – A vegetated buffer strip shall be maintained on any portion of a Country Estate lot that fronts on or otherwise abuts any public street existing as of April 1, 2005 to minimize the visual impact of the development on the streetscape. The depth of the buffer strip shall be at least fifty (50) feet. No parking, buildings, structures, or recreational facilities shall be permitted within this buffer strip but accessory structures such as signs, walls, underground utility structures, and drainage facilities may be located within this buffer as well as trails required under Appendix 7-1 N of Land Subdivision. The buffer strip may be crossed by driveways or access drives that run essentially perpendicular to the street. The buffer strip shall be naturally vegetated or landscaped in a manner appropriate to the existing site conditions and the secondary conservation value of the strip. The treatment of the buffer strip shall be subject to approval by the Planning Board as part of the approval of the development. Appropriate legal mechanisms shall be established to assure that the buffer strip will be permanently protected and maintained. [Amended 5/29/07]
5. E.
   Perimeter Buffers -- A vegetated buffer strip shall be maintained along the external perimeter or property line of the subdivision, with the exception of property lines along public streets, to minimize the impact of the development on abutting properties. The width of the buffer strip shall be at least fifty (50) feet. If the buffer strip abuts a water body or wetland, the width and treatment of the buffer strip shall be expanded to comply with the most restrictive requirements of Section II-19-1-7, Shoreland Zoning and Section 19-71, where applicable. No parking, buildings, structures, or recreational facilities, with the exception of trails required under Appendix 7-1 N of Land Subdivision, shall be permitted within this buffer strip but accessory structures such as walls, underground utility structures, and drainage facilities may be located within this buffer. The buffer strip shall be naturally vegetated or landscaped and the treatment shall be subject to approval by the Planning Board as part of the approval of the subdivision. Appropriate legal mechanisms shall be established by the subdivider, subject to approval by the Planning Board, to assure that the buffer strip will be permanently protected and maintained. [Amended 5/29/07]
   
   Trails required under Appendix7-1N of Land Subdivision and street right of ways for future street connections may be located within the buffer strip. [Adopted 5/29/07]
   
   Access roads may be located in the buffer strip where the Planning Board determines through the  Four Step Design Process that the resulting road location and subdivision design best achieves the purposes of a conservation subdivision as listed in Section 19-18.5.A.1-5. [Amended 5/29/07]
6. F.
   Conceptual Long Range Development Plan -- When a development involving Country Estate lots will not utilize the entire parcel and there is potential for future subdivision or development of the parcel, the application for approval shall include a Conceptual Long Range Development Plan showing the potential utilization of the lots and the balance of the parcel not being subdivided. The Long Range Plan is intended to be conceptual in nature, to rely on published data about natural resources relevant to the parcel and the built environment, and to demonstrate that the current development proposal will not compromise important conservation values or the long term development of the parcel. This plan shall show the relationship of the proposed lots to the balance of the parcel and to adjacent land. This plan shall analyze the conservation and development potential of the remaining area of the parcel and shall show, in general terms, the potential access and development areas in a manner that demonstrates that both the proposed development and the future development can occur so that it conforms to the requirements of the RCZO District and preserves the significant natural resource and conservation values of the entire parcel.

Effective on: 3/12/2018

Sec. 19-18.7 Country Estate Developments Not Involving a Legal Subdivision of Land

Any proposed division of land in the Resource Conservation Zoning Overlay District that will not create a subdivision shall be done in accordance with a plan approved by the Planning Board. This plan may be combined with a plan for a private way or a plan for a private access drive. The plan and its review shall conform to the provisions of Sec. 19-18.6.B, D, and E and conform to the following requirements:

1. a.
   The plan showing the Country Estate Development shall be prepared by a registered land surveyor. The plan shall be labeled "Plan for a Country Estate Development" and shall provide an approval block for the signatures of the Planning Board members. The plan shall delineate each of the lots to be created and the proposed access for each lot.
2. b.
   The applicant shall submit an Existing Resources and Site Analysis Plan and documentation of the Four Step Design Process for the site as provided for Ch. II-7 , Land Subdivision. These submissions shall cover those areas of the site proposed for division. The Existing Resources and Site Analysis Plan shall be prepared by a registered landscape architect unless the Planning Board determines that the project does not require these services due to the absence of primary or secondary conservation areas as defined by this ordinance and as indicated in Section 19-18.5.C.2.
3. c.
   The approved plan shall be recorded in the Cumberland County Registry of Deeds within ninety (90) days of the date of the Planning Board approval. If the plan is not recorded within this time period, the approval of the Planning Board shall be null and void.
4. d.
   In reviewing requests for approval of a Plan for a Country Estate Development under this subparagraph, the Planning Board shall apply such standards and criteria, and may impose such conditions, as are applicable to conditional uses under subsections 19-119 and 19-123 of this Ordinance and the provisions of the RCZO District.
5. e.
   After a Plan for a Country Estate Development has been approved by the Planning Board, no further Country Estate lots shall be created from the initial lot or by the further division of any of the Country Estate lots without the prior approval of such lots by the Planning Board under this subsection.

Effective on: 12/9/2013

Sec. 19-18.8 Exempt Lots

1. A.
   Any lot of record as of April 1, 2005 may be divided to create one additional lot exempt from the requirements of this Sec. 19-18 provided that all of the following conditions are met:

   1. 1.
      The lot of record shall be held in separate ownership from any abutting property;
   2. 2.
      Both of the lots created by the division shall meet all other applicable requirements of the Code of Ordinances.
2. B.
   Any lot of record as of April 1, 2005 may be developed to create one additional dwelling unit exempt from the requirements of this Sec. 19-18 provided that the dwelling unit and the lot meet all other applicable requirements of the Code of Ordinances.

Effective on: 12/9/2013

Sec. 19-19.A For projects for which a Master Development Plan has not been approved, the dimensional requirements shall be as follows: [Amended, 5/27/99]

Effective on: 12/9/2013

Sec. 19-19.B For projects for which a Master Development Plan has been approved, the dimensional requirements shall be as follows: [Amended, 5/27/99]

1. 50 foot setback Leighton Road,
2. 40 foot setback from Route 100; and
3. 25 foot setback from the boundary lines of all properties that are not part of the approved Master Development Plan (other that Leighton Road and Route 100).

Effective on: 12/9/2013

Sec. 19-19.1 [Repealed 5/24/1999]

Effective on: 12/9/2013

Sec. 19-19.2 Exit 10 Design Guidelines

All development in the West Falmouth Crossing Master Planned Development District shall be consistent with the Exit 10 Design Guidelines. In approving site plans for development in the district, the Planning Board must find that the proposed development will be carried out in a manner that is consistent with the design guidelines. In making determinations of consistency, the Planning Board may require peer review analyses provided by qualified design professionals. [Amended 11/10/08; Effective 01/01/09]

Effective on: 12/9/2013

Sec. 19-19.3 Master Development Plan Sign Controls

The number, size and location of signs shall conform to the requirements set forth in this ordinance, unless a Master Development Plan has been approved. If a Master Development Plan has been approved by the Town Council the provisions of Sections 19-44 through 19-53 of this Ordinance shall not be applicable insofar as they relate to number, size and location of signs in the area covered by the approved Master Development Plan. The Planning Board may approve signage for a parcel within an approved Master Development Plan if it finds that the proposed signage in terms of number, size and location is consistent with the Exit 10 Design Guidelines. [Amended, 5/27/99; 6/15/09;7/24/17]

Effective on: 7/24/2017

Sec. 19-19.4 Master Development Plan Approval

In addition to the requirements of the Route 100 Corridor Overlay District for the preparation and filing of a Master Development Plan with the Planning Board, the owner of a parcel of land may seek Town Council approval of a Master Development Plan that will supersede the standard Mixed Use Cluster zoning. If the owner seeks such approval and the Council approves the Master Development Plan, all subsequent development activities in the area covered by the Plan shall be consistent with the approved Master Development Plan.

Effective on: 12/9/2013

Sec. 19-19.5 Master Development Plan Submissions

The Master Development Plan shall identify the proposed location, size, and use type of all buildings and shall show parking locations, roads and drives, and buffer zones. The Master Development Plan shall be conceptual in nature and shall be based upon a site inventory plan identifying the major development opportunities and constraints associated with the site. This inventory shall be prepared by a registered landscape architect or registered professional engineer and shall show in a conceptual manner natural drainage features, environmentally sensitive areas, prime development areas, potential points of vehicular access, and other significant man-made and natural features of the site.

Effective on: 12/9/2013

Sec. 19-19.6 Master Development Plan Procedure

The Town Council shall hold a public hearing on a proposed Master Development Plan within forty-five (45) days, but not sooner than twenty one (21) days of the submission of a Master Development Plan. At least ten (10) days prior to the hearing, the Council shall notify by mail the owners of all property abutting the property covered by the Master Development Plan. For the purposes of this section, the owners of the property shall be considered to be the parties listed by the tax assessor for the Town of Falmouth as those against whom taxes are assessed. Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action of the Council.

Notwithstanding the foregoing, with respect to a Master Development Plan filed at least twenty-one days prior to the adoption of this Ordinance, the Town Council may hold such public hearing on such proposed Master Development Plan at the same meeting at which the Town council adopts this Ordinance so long as notice of the filing of such Master Development Plan has been provided by mail to the owners of all property abutting the property covered by the Master Development Plan at least ten (10) days prior to such hearing.

Effective on: 12/9/2013

Sec. 19-19.7 Master Development Plan Findings and Conditions

In approving Master Development Plans under this provision, the Town Council shall find that the proposed development is consistent with the purpose of the West Falmouth Crossing Master Planned Development District, the Route 100 Study, and the Town’s adopted comprehensive plan.  Prior to approving a Master Development Plan, the Town Council may request reports from the Town Planner, Fire Chief, and Public Works Director containing their recommendations as to the development proposal.  The Town Council may consider attaching conditions to the zoning approval including:

1. Limitations on the number and types of permitted and conditional uses;
2. Restrictions on the scale and density of development;
3. Conceptual design and layout of buildings or other improvements, including buffering;
4. Time frames for commencement and completion of public infrastructure;
5. Performance guarantees securing completion and maintenance of improvements, including landscaping, and guarantees against defects;
6. Preservation of open space and buffers, and protection of natural areas and historic sites;
7. Provisions for reservation or dedication of land for public purposes;
8. Contributions toward the provision of municipal services required by the development, including, for example, infrastructure improvements such as roads and sewers, and specialized maintenance needs arising from the rezoning; and,
9. Provisions for enforcement and remedies for breach of any conditions or restrictions.

Effective on: 12/9/2013

Sec. 19-19.8 Master Development Plan Time Limits [Amended 10/10/2012; 2/24/2025]

If the Town Council grants approval of a Master Development Plan, the applicant’s legal rights, duties or privileges determined thereby, shall expire if the development is not commenced within two (2) years of the date on which approval was granted and shall expire as to any portion of the development that is not substantially completed within thirty (30) years of the date on which approval was granted. The Council may extend these time limits upon showing by the applicant that additional time is needed due to required local, state, or federal permits or approvals, or because of market conditions. This provision shall be retroactive and shall apply to any master development on or after January 26, 1998.

Effective on: 2/24/2025

Sec. 19-19.9 Master Development Plan Filing and Transfers

A copy of the approved Master Development Plan shall be filed with the Town Planner and shall be included in all subsequent applications for site plan review. In approving a Master Development Plan, the Town Council may designate certain public improvements to be undertaken by the developer that are of particular importance to the Council (the “Designated Public Improvements”). Prior to the date that such Designated Public Improvements have been completed and accepted by the Town, the approval of the Master Development Plan may not be assigned without Town Council approval. The Town Council shall approve such transfer if the proposed transferee can demonstrate to the Council’s satisfaction that it has the technical and financial capacity to complete the Designated Public Improvements. After the Designated Public Improvements have been completed and accepted by the Town, the approval of the Master Development Plan may be assigned without the need for Town Council approval.

Effective on: 12/9/2013

Sec. 19-19.10 Master Development Plan Amendments

Any amendment to the Master Development Plan, other than a “Minor Revision”, as defined below, must first be approved by the Town Council before becoming effective. The approval of an amendment to the Master Development Plan, other than a Minor Revision, must comply with the same procedural requirements set forth above for the approval of the original Master Development Plan. A Minor Revision is any proposed change to a Master Development Plan that does not significantly expand the overall square footage of the improvements on the project, change the use of any portion of the project to a use that requires Town Council approval, as set forth above, or modify any conditions that may have been placed upon the project by the Town Council in approving the original Master Development Plan. A Minor Revision may be approved by the Planning Board.

Effective on: 12/9/2013

Sec. 19-19.11 Master Development Plan Zoning Reversion

If the Town Council rezones a West Falmouth Crossing Master Planned Development, the permitted uses and development standards shall be governed exclusively by the provisions of this subsection 19-19 and not by the underlying district in which such land is located unless and until such time as:

1. one hundred and eighty (180) days pass without the filing of final site plans and subdivision plans to the Planning Board, unless the applicant shows that additional time is needed due to required local, state, or federal permits or approvals; or,
2. the developer abandons the project and the developer or property owner(s) request that the rezoning be rescinded.

In such cases, the land tract shall revert to the original or underlying zoning.

Effective on: 12/9/2013

Sec. 19-19.12 Master Development Plan Height Limitations

No building shall exceed three (3) stories or thirty-nine (39) feet in height, as measured from the average finished grade within twenty (20) feet of the Building; provided, however, that if a Master Development Plan has been approved by the Town Council and such plan sets forth a height limitation, the height limitations set forth in such approved Master Development Plan, including any notes thereto, shall be applicable and shall control any contrary provision in this Ordinance. [Adopted 3/26/01]

Effective on: 12/9/2013

Sec. 19-21.1 Initial Designation of Overlay Districts [Repealed 05/30/12]

Effective on: 12/9/2013

Sec. 19-21.2 Effect of Designation as an Overlay District

The Retirement Community Overlay District is intended to function as an overlay district. As such, the requirements of the underlying zoning district will remain in force and will apply to all use of land and buildings within the Overlay District except as specifically modified by the provisions of this section. The designation of an Overlay District is intended to recognize that a planned retirement community has special considerations that do not apply to other uses and to allow for additional flexibility in the permitting of these uses in return for an increased level of community oversight.

Effective on: 12/9/2013

Sec. 19-21.3 Designation of or amendment to a Retirement Community Overlay District

The Town Council may designate or amend a Retirement Community Overlay District in accordance with the following procedures and standards:

1. Procedure - The Town Council shall consider requests for the designation of a Retirement Community Overlay District. Requests for the designation of a district may be initiated by the Planning Board, the Long-range Planning Advisory Committee (LPAC), or the owners of at least 75% of the total land area proposed to be included in the district. Designation requests by property owners shall be made in writing and shall provide the information set forth below.
   
   The Council shall hold a public hearing on the request within forty-five (45) days, but no sooner than twenty-one (21) days, of its receipt by the Town provided that the Community Development Director or their designee has determined that all of the required information has been provided. Notice shall be given by first class mail at least fourteen (14) days prior to the hearing  to all owners of property within the proposed district or amendment thereto and all owners of property within five hundred (500) feet of the proposed district of the public hearing. 
   
   For the purposes of this section, the owners of property shall be considered to be the parties listed by the Tax Assessor for the Town of Falmouth as those against whom taxes are assessed at the time of notice. Failure of any property owner to receive notice of the public hearing shall not necessitate another hearing nor invalidate any action of the Town Council.
2. Standards - In considering requests for the designation or amendment of a Retirement Community Overly District, the Council may vote to create or amend such a district only if it finds that:
   1. The designation of the Overlay District is consistent with the Town’s Comprehensive Plan,
   2. The designation will result in the development or expansion of a quality retirement community,
   3. The community is or will be served by public sewerage and public water with adequate capacity to serve the development,
   4. The community will provide a continuum of care that offers a variety of levels of care and a range of services to elderly and/or disabled residents,
   5. The community will be designed to provide a sense of a unified development with a common design character,
   6. The community will include housing for at least one hundred fifty (150) residents in a range of accommodations,
   7. The designation of the district will not have an unduly negative impact on neighboring properties, and
   8. The area to be designated is located in a Residential A (RA), Residential B (RB), or Village Mixed Use (VMU) District.
3. Submission Requirements - If the request for the designation of a Retirement Community Overlay District is initiated by the owners of the property within the proposed overlay district, the request shall be accompanied by the following:
   1. A narrative description of the housing types and, if any, range of care and service options to be offered and a discussion of how these are consistent with the definition of a retirement community. [Amended 05/23/16]
   2. A conceptual master plan showing, in general terms, the proposed location and size of buildings, roads and drives, parking areas, recreational facilities, and other development features. The conceptual master plan shall be prepared by a registered landscape architect, registered architect, or registered professional engineer and shall be based upon a site analysis plan identifying the major developmental opportunities and constraints associated with the proposed district. The site analysis plan shall show in a conceptual nature the primary drainage features and patterns of the proposed district, environmentally sensitive areas, prime development areas, potential points of vehicular access, and other significant manmade and natural features of the proposed district.
      
      The Town Council may waive the provision for the submission of a conceptual master plan for the designation of an overlay district in conjunction with a retirement community existing as of the date of adoption of this section if the proposed overlay district includes the property that is already in use as a retirement community.
      
      A request for the designation of a Retirement Community Overlay District initiated by the Planning Board or the Long-range Planning Advisory Committee that does not involve a specific development proposal is not subject to these submission requirements.
4. Repeal - The Town Council may repeal any Overlay District and terminate all rights in the overlay provisions if:
   1. Necessary Subdivision or Site Plan approvals have not been obtained for the retirement community within two (2) years of the Town Council’s vote to create or amend the overlay district, or
   2. Substantial construction has not been begun on the improvements shown on the approved Subdivision or Site Plan within three (3) years of the Town Council’s vote to create or amend the district.

Effective on: 5/23/2016

Sec. 19-21.4 Subdivision and/or Site Plan Approval

The Planning Board, prior to its approval of a Subdivision or Site Plan, shall find that the application is generally consistent with the conceptual master plan if such a plan was approved as part of the designation process.

Effective on: 12/9/2013

Sec. 19-21.5 Permitted Uses

In addition to the uses allowed in the underlying zoning district, the following uses shall be permitted uses in any Retirement Community Overlay District:

1. Living arrangements and services for the elderly and/or people with disabilities including, but not limited to:
   1. congregate housing,
   2. independent housing with residential support services,
   3. assisted living facility,
   4. nursing facility or skilled nursing facility,
   5. adult day care,
   6. senior center,
   7. health institution or;
   8. memory loss care.
2. Associated uses, provided that use or uses are incidental and subordinate to the residential facilities, are designed and will function as an integral part of the community and are to serve primarily the residents. Uses include, but are not limited to:
   1. indoor and outdoor recreational facilities
   2. financial services,
   3. medical and dental services,
   4. maintenance facilities
   5. personal services, or
   6. places of worship
3. Housing for older persons

Effective on: 5/23/2016

Sec. 19-21.6 Space and Bulk Standards

Notwithstanding the requirements of the underlying zoning district, a retirement community and all uses, buildings, and structures associated with it shall be governed by the following provisions:

1. Minimum site size - a retirement community shall include a minimum of thirty (30) acres. Individual lots within the community shall be a minimum of twenty thousand (20,000) square feet in size.
2. Minimum net residential area per elderly dwelling unit - for each dwelling unit occupied by an elderly or disabled household there shall be a minimum of 5,000 square feet in RA and 6,000 square feet of net residential area in RB and VMU within the overall area of the retirement community. [Amended 7/11/16]
3. Minimum net residential area per care bed - for each bed in an assisted living facility or other accommodation for the elderly or person with disabilities there shall be a minimum of two thousand (2,000) square feet of net residential area within the overall area of the retirement community.
4. Minimum lot width - any individual lot within a retirement community shall have a width of 50 feet in RA and 100 feet in RB and VMU. [Amended 7/11/16]
5. Maximum lot coverage - the total portion of the overall area of the retirement community covered by buildings and structures shall be not more than twenty (20) percent.
6. Maximum building height - no building shall exceed four (4) stories or forty-five (45) feet as measured in accordance with Section 19-53.
7. Minimum building separation - all buildings and structures shall be separated by a minimum of ten (10) feet at the closest point. This separation shall not apply to units in attached housing.
8. Maximum building area - any building located within seventy-five (75) feet of the perimeter of the overall site shall have a total floor area of less than five thousand (5,000) square feet.  The maximum size of any building shall be a total floor area of one hundred thousand (100,000) square feet.
9. Minimum setbacks - These provisions are designed to allow smaller buildings to be located near the perimeter of the retirement community while requiring that larger buildings be more centrally located within the site. Therefore, the required minimum setback of buildings and structures shall be as defined below.

The minimum setback from the external perimeter of the district shall be as follows:

1. 1. The setback requirement from a perimeter street shall not apply to an existing building or any portion of an existing building that is located within the required setback provided that:
      1. the building will not be expanded in the direction of the street,
      2. the height of the building will not be increased, and
      3. the gross floor area of the building will not be increased by more than sixty (60) percent or two thousand (2,000) square feet, whichever is less.
   2. The setback from internal street rights-of-way shall be twenty-five (25) feet.

10. Single Family Dwelling – Notwithstanding the provisions of Section 19-30.a, more than one single family dwelling may be permitted on a lot.

Effective on: 7/11/2016

Sec. 19-21.7 Development Along Adjacent Roads

When the development proposal provides for the construction or expansion of a building visible from an existing road, special consideration shall be paid to the design of the building and site. In general, buildings shall be designed so that they appear to face the road. No service or storage areas shall be located between the building and the road. Curb cuts onto roads shall be minimized where practical. Parking lots shall be located internally where practical, rather than between the buildings and the existing road. If a side walk or pedestrian way exists along the existing road, provisions shall be made to link it with the proposed buildings.

Effective on: 12/9/2013

Sec. 19-21.8 Design Elements (RCOD-OVRC-AVRC)

The design of the retirement community shall reflect an overall sense that the entire community is part of a single development with a pedestrian friendly, neighborhood scale. As such, the buildings shall convey a common character but need not be similar in either design or scale. In general, high intensity, high traffic uses and core facilities should be sited in central locations within the community where feasible, with lower intensity uses on the perimeter.

1. Common elements such as signs, lighting, and site furniture and improvements should be used where practical to establish a sense of community.
2. Where appropriate, provisions for pedestrian linkages should be made to bring the elements of the retirement community together.
3. Notwithstanding Section 19-46, the Planning Board may approve off-premise signs provided a master sign plan for the District is approved by the Planning Board. The master sign plan shall provide for compatible design elements such as color, form, materials and lighting. All signs shall comply with 23 M.R.S.A. Chapter 21, Maine Traveler Information Services.[Amended 5/30/12;7/24/17]

Effective on: 7/24/2017

The Ocean View Retirement Community is designated as a Retirement Community Overlay District as depicted on the Official Zoning Map and the Approved OceanView at Falmouth Conceptual Master Plan dated May 2024. The requirements of the RCOD shall apply to the OVRC except as specifically modified in this sub section. [Amended 5/29/24]

1. a.
   Building Height and External Setbacks

Notwithstanding the table above, buildings shall maintain a minimum setback of twenty (20) feet from the Elementary School Redevelopment District (ESRD) boundary.

2. b.
   Internal Setbacks: There shall be no required setback from internal lot lines, or from internal street rights of way, within the District.

Effective on: 5/23/2016

The Avesta Retirement Community is designated as a Retirement Community Overlay District as depicted on the Official Zoning Map and the Approved AVRC Conceptual Master Plan dated May 23, 2016. The requirements of the RCOD shall apply to the AVRC except as specifically modified in this subsection. 

1. Affordability.  All dwelling units shall be affordable housing as defined in this ordinance. 
2. Age restriction.  All dwelling units shall be housing for older persons as defined in this ordinance.
3. Exemptions from standards. The AVRC shall be exempt from Sec. 19-21.3.b.4., relative to the provision of a continuum of care and range of care and 6., relative to maximum number of residents required.
4. Minimum site size.  Four (4) acres.
5. Minimum net residential area per elderly dwelling unit.  The AVRC is exempt from this provision.
6. Maximum number of dwelling units. The maximum number of dwelling units shall not exceed thirty-nine (39.)
7. Building Height and External Setbacks

8. ​Internal setbacks. There shall be no required setback from internal rights of way, within the District. 

9. Maximum building area. Any building located within seventy-five (75) feet of the perimeter of the overall site shall have a total floor area of no more than twenty thousand (20,000) square feet.  The maximum size of any building shall be a total floor area of twenty thousand (20,000) square feet.

10. Parking requirement. Notwithstanding any contrary provision of Section 19-38, thirty-nine (39) parking spaces shall be provided on-site.

11. Minimum lot street frontage. Fifty (50) feet.

Effective on: 5/23/2016

Sec. 19-22.1 Purpose

The District is established in order to protect Highland Lake from the phosphorus contained in stormwater runoff from developed areas.

Effective on: 12/9/2013

Sec. 19-22.2 District Boundaries

The boundaries of the District coincide with the watershed of Highland Lake and are depicted on the official Zoning Map of Falmouth.

Effective on: 12/9/2013

Sec. 19-22.3 Requirements

1. a.
   Any project that requires private way, site plan or subdivision approval by the Planning Board shall prepare a phosphorus control plan according the following requirements:

   1. 1.
      The project shall not export available phosphorus in stormwater runoff at a rate of more than .020 lbs/acre/year.  [Amended 05/13/2019]
   2. 2.
      The phosphorus control plan shall be prepared in accordance with the manual entitled: Phosphorus Control in Lake Watersheds: A Technical Guide to Evaluating New Development, by the Maine Department of Environmental Protection, 1992, or its most recent revision.
   3. 3.
      The Planning Board shall require the phosphorous control plan to be reviewed by a qualified third party professional in order to determine compliance with the standards of this ordinance.  The Planning Board may waive this third party review requirement on projects that are deemed to pose little risk to natural resources due to factors such as the project's size, simplicity, and location.  [Adopted 05/13/2019]
2. b.
   The construction of a dwelling unit, the expansion of more than 200 square feet of building footprint on a dwelling unit, or the clearing of trees and moving of soil material for the purpose of building a dwelling unit, requires a phosphorus control permit from the Code Enforcement Officer. [Amended 12/11/23]

   1. 1.
      A phosphorus control and sedimentation and erosion control plan that shows how the project shall meet the requirements of this ordinance shall be submitted to the Code Enforcement Officer for approval. The plan shall be prepared by a professional who is qualified for the task as determined by the Code Enforcement Officer. The plan shall show lot boundaries, the limits of the area that will be cleared for development, the direction of stormwater flow, the location of streams, wetlands, and waterbodies, if any, and the location and type of phosphorus control and sedimentation and erosion control measures to be installed and maintained as part of the project.
      
      The plan shall meet the following requirements:

      1. a.
         A buffer strip 50 feet wide consisting of natural forestland that meets the requirements of Section 19-22.4 shall be retained along the property boundaries downslope of the developed area of the lot. The buffer strip shall intercept and treat the stormwater runoff from at least 90% of the developed area of the lot, including at least 90% of the area consisting of buildings, driveways, and other impervious surfaces. If lot size, lot shape, existing development on the lot, or topography make a 50 foot buffer impractical, as determined by the Code Enforcement Officer, then a phosphorus control plan shall be prepared and implemented according to Section 19-22.5. If the lot is located in a subdivision with a phosphorus control plan approved by the Planning Board, then a phosphorus control plan shall be submitted that shows what phosphorus control measures, if any, are located on the property and how they shall be maintained.
      2. b.
         Erosion and sedimentation control measures shall be implemented according to the requirements of Section 19-72. [Amended 9/22/03]
   2. 2.
      A written notice that the property is regulated by a phosphorus control permit shall be filed at the Cumberland County Registry of Deeds within ten days of plan approval. A copy of the notice filed at the Registry shall be submitted to the Code Enforcement Office within this same time period as proof of the filing.
   3. 3.
      A phosphorus control plan may be amended with the approval of the Code Enforcement Officer. The amended plan shall be filed at the Code Enforcement Office.
   4. 4.
      A review fee as established by the Town Council shall accompany applications for phosphorus control permits.[Amended 8-27-07]

Effective on: 5/13/2019

Sec. 19-22.4 Natural Forestland Buffers

1. General Intent
   The standards of this section are designed to protect the natural ability of forestland to remove phosphorus from stormwater runoff. For this reason, failure to protect the buffer area according to these standards is a violation of the phosphorus control permit.
2. Measurement of Buffer
   Buffers shall consist of upland and run parallel to lot lines. The width of the buffer shall be measured 50 feet horizontally and perpendicular to the lot line. Buffers are not required below portions of the lot that will remain undeveloped. If a wetland lies on the downslope side of the lot in a position where the buffer should be located, the buffer shall be laid out parallel to the upland edge of the wetland rather than the lot boundary.
3. Maintenance Standards
   1. Stormwater runoff must enter the buffer as sheet flow. Creating drainage channels through the buffer strip is not permitted.
   2. No soil, rock, construction debris, vehicle bodies or parts, pollutants, trash, fill material, or debris may be placed, stored, or dumped in the buffer strip.
   3. No trucks, cars, dirt bikes, ATVs, bulldozers, backhoes, or other motorized vehicles may be permitted within the buffer strip.
   4. Any level spreader directing flow to the buffer strip must be regularly inspected and adequately maintained to preserve the function of the level spreader.
   5. Removal of trees and other vegetation is permitted only if an evenly distributed stand of trees and other vegetation is maintained. The buffer must score a minimum of 12 points in any 25 foot by 25 foot section (625 square feet) as determined by the following rating system:

1. 6. Where existing trees and other vegetation result in a rating score less than 12 points, no trees may be cut or sprayed with biocides except for the normal maintenance of dead, windblown, or damaged trees and for pruning of tree branches below a height of 12 feet provided that two thirds of the tree’s canopy is maintained.
   7. Structures are not permitted within the buffer area, except that signs, fence posts or utility poles that are already located within the area selected as a buffer may remain if the Code Enforcement Officer determines that these structures do not impair the functional value of the buffer for filtering stormwater runoff.
   8. No undergrowth, ground cover vegetation, leaf litter, organic duff layer, or mineral soil may be disturbed or removed from the buffer strip.

Effective on: 12/9/2013

Sec. 19-22.5 Phosphorous Control According to Table 1

1. Purpose of the Table
   Table 1 provides flexibility for preparing phosphorus control plans on lots where a 50-foot natural forestland buffer is impractical due to site constraints.
2. Scoring the Plan
   The plan must score at least 15 points. The points must be earned using one filtering method and three or more treatment areas. The points are added from the filtering method and the treatment areas to achieve the total score. More than one filtering method may be used on the plan in order to treat runoff from the developed area on the lot. However, only the filtering method with the lowest point value can be included in the calculation for phosphorus control. Credit for areas to be treated only includes the developed portions of the property, as shown in the Table. The Other Options section is to be used only if the project cannot score the minimum number of points based solely on the treatment of stormwater runoff. Credit for phosphorus control is only permitted if the stormwater runoff enters buffer strips as sheet flow. Channeling of stormwater flow through buffer strips is not permitted.

Effective on: 12/9/2013

Sec. 19-23.1 Allowed Uses

The use of land, buildings and structures within the Tidewater Master Planned Development District shall be consistent with the adopted Master Development Plan. The following uses shall be specifically allowed in accordance with the Master Development Plan:

¹ Permitted only in those areas of the District where multi-family dwellings are allowed.

Effective on: 1/10/2022

Sec. 19-23.2 Dimensional Standards

The placement of buildings, structures, parking, and site improvements shall be generally consistent with the adopted Master Development Plan.  All buildings and structures within the district shall conform to the following dimensional standards:

1. Lot Size
   There shall be no requirement for the minimum size of lots within the District.  Notwithstanding other provisions of the ordinance, more than one principal building may be located on a lot.
2. Lot Width and Street Frontage
   There shall be no requirement for the minimum width of lots within the District.  The requirement that lots must have frontage on a street shall not apply to buildings and structures that are developed in conformance with the adopted Master Development Plan.
3. Front Setback [Amended 7/25/22]

4. Side and Rear Setback
   All principal buildings shall be separated by a minimum of twenty (20) feet but there shall be no required setback from internal lot lines within the District.
5. Maximum Building Height
   All buildings within the District shall be limited to a maximum of three (3) stories. This requirement shall not apply to towers, spires, and similar architectural features. The maximum height of such features shall be sixty (60) feet.
6. Perimeter Buffer
   No buildings or structures shall be located within twenty (20) feet of the boundary of the Master Planned Development District and this area shall be maintained as a naturally vegetated or landscaped buffer strip except where the boundary is adjacent to an existing non-residentially developed parcel.

Effective on: 12/9/2013

Sec. 19-23.3 Additional Standards and Requirements

Notwithstanding other provisions of this ordinance, the placement of buildings, structures, parking, and site improvements shall be generally consistent with the adopted Master Development Plan and development within the Tidewater Master Planned Development District shall conform to the following standards:

1. A.
   Off Street Parking and Loading [Amended 12/11/23]
   Parking shall be provided for uses within the District in conformance with the provisions of Section 19-38 except as follows:

   1. 1.
      on street parking in conformance with the approved Master Development Plan may be counted toward the parking requirement for non-residential uses
   2. 2.
      parking may be located in the area adjacent to the property or lot line in conformance with the adopted Master Development Plan provided such parking is appropriately screened
2. B.
   Wetland Buffers
   The requirements of Section 19-71 shall not apply to development, including single-family dwellings, that is in accordance with the approved Master Development Plan and a plan for the protection of wetlands is submitted and approved as part of the development review process.
3. C.
   Multi-Family Dwelling Standards
   The requirements of Section 19-42 shall not apply to multi-family  development that is in conformance with the approved Master Development Plan.
4. D.
   Road Standards

   1. 1.
      New public streets constructed as part of the Tidewater development shall conform to the standards for public streets set forth in the Town’s Subdivision Ordinance except as provided in this section.
   2. 2.
      Tidewater Lane that will provide access to the open space, Foundation facilities, and the inn will be a public road.  The first 1,165 lineal feet from Clearwater Drive will be paved.  The remaining section of this road will be built with a gravel surface until such time as the volume of traffic dictates paving of the road as set forth in the Master Development Plan.
   3. 3.
      Private streets and access drives shall be built to the Town’s construction standards for private ways but shall not be required to conform to the design standards for public streets or private ways.  These facilities shall conform to the adopted Master Development Plan and the following minimum requirements except as provided in 4:

   • 24 feet wide travelway
   • 3 foot gravel shoulders
   • open drainage
   • pedestrian facilities provided on one side of all streets that are not dead ends – these facilities can include stonedust or similar paths that are separate from the travelway

   4. 4.
      To minimize the impact on wetlands, both public and private streets will be narrowed where they cross wetlands.  In these situations, a minimum travelway width of twenty (20) feet will be provided.  Side slopes in these areas may be increased to a ratio of 1:2.
5. E.
   Standards for Animal Husbandry

   1. 1.
      All animal husbandry shall be conducted in accordance with a written management plan that is subject to review and approval by the Town Council.  The management plan shall specify the types of animals and the maximum number of each type of animals that will be on the premise together with any related activities including the slaughtering, processing, and/or sale of animals.  The plan shall identify how the external impacts of the animal husbandry and related activities including noise, odors, and run-off will be managed and minimized. 
   2. 2.
      The Town Council shall approve the management plan only if it finds that the animal husbandry and related activities will be consistent with the Master Development Plan and will not create a nuisance for residents of the Tidewater development or adjacent residential properties.  In approving the management plan, the Council may impose conditions on the activities or operation of the animal husbandry to assure that the impact is minimized.
   3. 3.
      There shall be no swine or cattle kept on the premises except as incidental to an agricultural, educational, or community use.
6. F.
   Electric Vehicle Charger Required on TV3 [Adopted 05/29/2019]

A minimum of one parking space on the TV3 site shall be served by an electric vehicle charger to allow for the charging of electric vehicles.  The installation of the electric vehicle charger shall be required as a component of the first development on the TV3 site requiring Planning Board Site Plan Review.

Effective on: 5/29/2019

Sec. 19-23.4 Planning Board Waivers

In approving site plans for development in the Tidewater Master Planned Development District, the Planning Board shall waive or reduce the space and bulk requirements if it finds that all of the following conditions have been met:

1. A Master Development Plan for the site has been approved by the Town Council in accordance with the standards and procedures set forth below; and,
2. The waiver or reduction is consistent with the approved Master Development Plan; and,
3. The amount of the reduction is appropriate to reasonably accommodate the development.

Effective on: 12/9/2013

Sec. 19-23.5 Design Guidelines

All development in the Tidewater Master Planned Development District shall be consistent with the Tidewater Village Design Guidelines and schematic plans / elevations for homes and town homes approved as part of the Master Development Plan. In approving site plans for development in the district, the Planning Board must find that the proposed development will be carried out in a manner that is consistent with the design aspects of the Master Development Plan and the Development Parameters for the Tidewater Master Planned Development District. In making determinations of consistency, the Planning Board may require peer review analyses provided by qualified design professionals.

Effective on: 12/9/2013

Sec. 19-23.6 Master Development Plan Sign Controls

The Master Development Plan shall include an overall design concept for signage within the Tidewater development. The signs in each phase of the development shall conform to this overall concept. The number, size and location of signs shall conform to the requirements set forth in Sections 19-44 through 19-52 of this Ordinance unless specific deviations from these requirements have been approved as part of the Master Development Plan.

Effective on: 7/24/2017

Sec. 19-23.7 Master Development Plan Approval

Prior to the issuance of any permits or approvals within the District, the owner of a parcel of land shall seek Town Council approval of a Master Development Plan that will supersede the existing zoning. Once the owner seeks such approval and the Council approves the Master Development Plan, all subsequent development activities in the area covered by the Plan shall be consistent with the approved Master Development Plan.

Effective on: 12/9/2013

Sec. 19-23.8 Master Development Plan Submissions

The Master Development Plan shall identify the proposed location, size, and use type of all buildings and shall show parking locations, roads and drives, and buffer zones. The Master Development Plan shall be conceptual in nature and shall be based upon a site inventory plan identifying the major development opportunities and constraints associated with the site. This inventory shall be prepared by a registered landscape architect or registered professional engineer and shall show in a conceptual manner natural drainage features, environmentally sensitive areas, prime development areas, potential points of vehicular access, and other significant man-made and natural features of the site.

Effective on: 12/9/2013

Sec. 19-23.9 Master Development Plan Procedure

The Town Council shall hold a public hearing on a proposed Master Development Plan within forty-five (45) days, but not sooner than twenty one (21) days of the submission of a Master Development Plan. At least ten (10) days prior to the hearing, the Council shall notify by mail the owners of all property abutting the property covered by the Master Development Plan. For the purposes of this section, the owners of the property shall be considered to be the parties listed by the tax assessor for the Town of Falmouth as those against whom taxes are assessed. Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action of the Council.

Notwithstanding the foregoing, with respect to a Master Development Plan filed at least twenty-one days prior to the adoption of this provision of the Ordinance, the Town Council may hold such public hearing on such proposed Master Development Plan at the same meeting at which the Town Council adopts this section of the Ordinance so long as notice of the filing of such Master Development Plan has been provided by mail to the owners of all property abutting the property covered by the Master Development Plan at least ten (10) days prior to such hearing.

Effective on: 12/9/2013

Sec. 19-23.10 Master Development Plan Findings and Conditions

In approving Master Development Plans under this provision, the Town Council shall find that the proposed development is consistent with the purpose of the Tidewater Master Planned Development District and the Town’s adopted comprehensive plan.  Prior to approving a Master Development Plan, the Town Council may request reports from the Town Planner, Fire Chief, and Public Works Director containing their recommendations as to the development proposal.  The Town Council may consider attaching conditions to the zoning approval including:

1. Limitations on the number and types of permitted and conditional uses;
2. Restrictions on the scale and density of development;
3. Conceptual design and layout of buildings or other improvements, including buffering;
4. Time frames for commencement and completion of public infrastructure;
5. Performance guarantees securing completion and maintenance of improvements, including landscaping, and guarantees against defects;
6. Preservation of open space and buffers, and protection of natural areas and historic sites;
7. Provisions for reservation or dedication of land for public purposes;
8. Contributions toward the provision of municipal services required by the development, including, for example, infrastructure improvements such as roads and sewers, and specialized maintenance needs arising from the rezoning; and,
9. Provisions for enforcement and remedies for breach of any conditions or restrictions.

Effective on: 12/9/2013

Sec. 19-23.11 Master Development Plan Time Limits [Amended 03/23/2015; 09/16/15; 04/11/16; 10/24/16; 11/13/17; 9/24/18; 11/13/2019]

If the Town Council grants approval of a Master Development Plan, the applicant’s legal rights, duties or privileges determined thereby, shall expire if the development is not commenced within two (2) years of the date on which approval was granted and shall expire as to any portion of the development that is not substantially completed on or before October 21, 2029. The Council may extend these time limits upon showing by the applicant that additional time is needed due to required local, state, or federal permits or approvals, or because of market conditions.

Effective on: 11/13/2019

Sec. 19-23.12 Master Development Plan Filing and Transfers

A copy of the approved Master Development Plan shall be filed with the Town Planner and shall be included in all subsequent applications for site plan review. In approving a Master Development Plan, the Town Council may designate certain public improvements to be undertaken by the developer that are of particular importance to the Council, as listed in Exhibit B of the Limited Development Agreement Public-Private, between Tidewater, LLC and the Town of Falmouth. Prior to the date that such Designated Public Improvements have been completed and accepted by the Town, the approval of the Master Development Plan may not be assigned without Town Council approval. The Town Council shall approve such transfer if the proposed transferee can demonstrate to the Council’s satisfaction that it has the technical and financial capacity to complete the Designated Public Improvements. After the Designated Public Improvements have been completed and accepted by the Town, the approval of the Master Development Plan may be assigned without the need for Town Council approval.

Effective on: 12/9/2013

Sec. 19-23.13 Master Development Plan Amendments

Any amendment to the Master Development Plan, other than a “Minor Revision”, as defined below, must first be approved by the Town Council before becoming effective. The approval of an amendment to the Master Development Plan, other than a Minor Revision, must comply with the same procedural requirements set forth above for the approval of the original Master Development Plan. A Minor Revision is any proposed change to a Master Development Plan that does not significantly expand the overall square footage of the improvements or the number of dwelling units in the project, change the use of any portion of the project from one type or category of use to another type, or modify any conditions that may have been placed upon the project by the Town Council in approving the original Master Development Plan. A Minor Revision may be approved by the Planning Board.

Effective on: 12/9/2013

Sec. 19-23.14 Master Development Plan Zoning Reversion

Once the Town Council approves the creation of the Tidewater Master Planned Development District, the permitted uses and development standards shall be governed exclusively by the provisions of this subsection 19-23 and not by the provisions of the previous zoning district in which such land is located unless and until such time as:

1. one (1) year passes without the filing of final site plans and subdivision plans to the Planning Board, unless the applicant shows that additional time is needed due to required local, state, or federal permits or approvals; or,
2. the developer abandons the project and the developer or property owner(s) request that the rezoning be rescinded.

In such cases, the land tract shall revert to the original zoning without the need for formal action by the Town Council.

Effective on: 12/9/2013

Sec. 19-24.1. Purpose.

Pursuant to Section 19-17 of the Zoning and Site Plan Review Ordinance, Conditional Rezoning, the property identified by Assessor’s Map U23 – 002 is rezoned due to the unique architecture of the mercantile structure in a residential district, the historic use characteristics of the structure and its physical location relative to the existing travel lanes of Middle Road (Route 9).

Effective on: 12/9/2013

Sec. 19-24.2. Zone Changed from RB to MSRD with Conditions.

The zoning map for the Town of Falmouth, Maine, is amended as shown on the attached fragmentary map entitled, "Fragmentary Map for Property Rezoned from Residential B (RB) to Middle Road Special District (MRSD), with Conditions and Restrictions, adopted November 24, 2008” This fragmentary map is hereby incorporated in and made a part of said zoning map.

Effective on: 12/9/2013

Sec. 19-24.3. Conditions and Standards for Zone Change to MRSD.

Wherever inconsistencies exist between these provisions and other provisions of the Zoning and Site Plan Review Ordinance, the provisions within this section shall prevail. The property described in Section 19-24.1 above shall be limited as follows:

1. Existing Use – At the time of the adoption of this section, the use of the property consists of one second floor residential unit.
2. Change, Expansion or Addition –Site Plan approval by the Planning Board must be obtained prior to any change of use, addition of a new use, structural alteration or modification of lot lines or site improvements. The Planning Board shall apply the requirements of Div. II-19-1-9 of this Ordinance except that, where Div. II-19-1-9 is more restrictive, the standards of this section shall apply.
3. Site Access – Prior to establishment of a use other than a single-family dwelling under this section, the property owner is required to obtain the necessary approvals to establish a curb cut to Middle Road and to complete construction in conformance with approved permits.
4. Permitted Uses:
   1. Single – Family Detached Dwelling
   2. Accessory Structures & Uses [Amended 7/25/22]
   3. Accessory Dwelling Unit
5. Conditional Uses
   1. Home Occupation
   2. Two-family
   3. Multi-family
   4. Bed and Breakfast Establishment
   5. Neighborhood Variety /Convenience Store
   6. Retail and Service Establishments
   7. Professional Office
   8. Restaurant [Amended 1/10/2022]
   9. [Repealed 1/10/2022]
   10. Commercial School
   11. Tradesmen Office
   12. Art and Craft Studio
6. Space and Bulk Regulations – The existing lot size, maximum lot coverage, net residential area per dwelling unit, minimum site size, structure height and setbacks shall be considered conforming within this district for all permitted uses.
7. Off-Street Parking [Amended 03/09/09]
   1. Dimensional Requirements - Off-street parking shall be limited to the square footage amount equal to the existing paved and gravel surface area on the site currently used for parking. This area may be reconfigured to maximize the amount of parking. All spaces, access and aisle widths shall meet the minimum dimensional requirements as specified in Divs. II-19-1-5 and II-19-1-9 of this Ordinance.
   2. Required Parking – No minimum amount of off-street parking spaces or loading areas are required.
8. Building Conditions –No additions are permitted that increase the building footprint or peak height of the building. Architectural changes may be permitted through Site Plan review approved by the Planning Board and the Board shall use the Route One Design Guidelines as a basis for architectural review.
9. Lighting - All lighting must conform to Div. II-19-1-9 of this Ordinance and shall be designed and installed to minimize spillover and glare onto abutting residential properties. Mounting heights for all external fixtures shall not exceed fourteen (14) feet with exception of sign lighting.
10. Signage – A comprehensive signage plan shall be part of any site plan approval. Existing signs documented under paragraph B. above may be used in their current location and configuration. The Planning Board may permit reductions in size, or a change in location or configuration provided the redesigned sign conforms to the Route One Design Guidelines. No internally lit signs are permitted. Number and dimensions of additional signs are regulated as in the RB District.
11. Landscaping and Screening - Year-round screening for parking, utility structures, and garbage disposal from the abutting properties is required for all uses other than single family dwellings to provide appropriate visual separation between non-residential and adjacent residential uses.
12. Protection of Natural Resources – The property shall comply with any and all requirements elsewhere in this ordinance that provide for the protection of natural resources.

Effective on: 1/10/2022

Sec. 19-25.1 Purpose- The District is established to redevelop the area on the site of the historic Plummer, Mason-Motz and Lunt Schools. The site is unique due to the type, size and placement of buildings, the history of use of the property as elementary schools and its proximity to OceanView Retirement Community.

Effective on: 12/9/2013

Sec. 19-25.2 Conformance with Other Requirements– All development and use of land within the ESRD District shall conform to all other requirements of the Zoning and Site Plan Review Ordinances except as specifically provided for in this section.

Effective on: 12/9/2013

Sec. 19-25.3 District Boundaries- The boundaries of the ESRD are as depicted on the Official Zoning Map.

Effective on: 12/9/2013

Sec. 19-25.4 Subdivision and/or Site Plan Approval- The Planning Board, prior to its approval of a Subdivision and/or Site Plan shall find that the application is generally consistent with the OceanView at Falmouth Conceptual Master Plan dated May 2024. [Amended 05/09/16; 05/29/24]

Effective on: 5/9/2016

Sec. 19-25.5 Permitted Uses

1. Municipal buildings and uses
2. Living arrangements and services for the elderly and/or people with disabilities including, but not limited to:
   1. congregate housing,
   2. independent housing with residential support services, 
   3. assisted living facility, 
   4. nursing facility or skilled nursing facility,
   5. adult day care, senior center,
   6. health institution or
   7. memory loss care.
3. housing for older persons
4. outdoor recreational facilities
5. wholly enclosed place of assembly, amusement, recreation, culture and government
6. auditorium
7. business and professional offices
8. accessory structures & uses [Amended 7/25/22]
9. private school
10. retail and service establishments limited to 2,000 gross square feet

Effective on: 5/9/2016

Sec. 19-25.6 Dimensional Standards

1. Lot Requirements

2. Setbacks: There are no required setbacks.
3. Building Height - No building shall exceed four (4) stories or sixty (60) feet.

Effective on: 12/9/2013

Sec. 19-25.7 Master Sign Plan– Any permanent sign installed within the District shall be depicted on a master sign plan as approved by the Planning Board. The master sign plan shall be in accordance with Sections 19-44 – 19-52 and shall provide for compatible design elements such as color, form, materials and lighting.

Effective on: 12/9/2013

Sec. 19-25.8 Parking

1. Setbacks – The Planning Board may waive the front yard parking setback requirements of Section 19-136.C if the location of the parking is consistent with the Approved Conceptual Master Plan.
2. Off-Street Parking – The Planning Board shall determine the minimum number of off-street parking spaces required. The number and proximity of on-street parking spaces may be considered when determining the minimum number of off-street spaces required.
3. Shared Parking – The Planning Board may allow shared parking on multiple lots and between all uses.

Effective on: 12/9/2013

Sec. 19-25.9 Underground Utilities– Notwithstanding Section 19-133.d, existing above ground utility lines may remain above ground. New utilities shall be placed underground.

Effective on: 12/9/2013

Sec. 19-26.1.1 Purpose

This district is established in to allow for outdoor retail display and general storage of gardening and horticultural supplies as well as the outdoor storage of bales and pallet storage in the amount and volume permitted prior to the rezoning to VC1.

Effective on: 5/12/2014

Sec. 19-26.1.2  Conformance with Other Requirements of this Ordinance

This District shall be overlain on the underlying district and provisions herein shall supersede and replace all provisions elsewhere in this ordinance with the exception of Division II-19-1-2 Definitions, Division II-19-1-8 Board of Zoning Appeals, and Division II-19-1-10 Administration.

Effective on: 5/12/2014

Sec. 19-26.1.3  District Boundaries

The boundaries of the GCSOD are as depicted on the Garden Center Special Overlay District Fragmentary Zoning Map dated March 18 which shall be made part of the Official Zoning Map upon adoption.

Effective on: 5/12/2014

Sec.  19-26.1.4 Site Plan Review

Site improvements shall be made in accordance with the plan entitled “Site and Landscaping Plan, Seasonal Retail Sales – 2014, prepared by Sewall Associates, and dated March 18, 2014” (Plan).  Modifications, proposed after the adoption of this amendment, meeting the criteria for Minor Site Plan Review may be approved provided the modifications meet all of the ordinance provisions of the underlying district.

1. Completion of Site Improvements
   1. No use of the district area other than the loading area shall commence until such time as a performance guarantee for 110% of the estimated cost of improvements as shown on the District Plan is submitted in a form satisfactory by the Community Development Director.
   2. Notwithstanding 1) above, the screening of bales and pallets shall be substantially complete within thirty (30) days of the adoption of this amendment and fully installed within forty-five (45) days of the adoption of this amendment.
   3. All improvements as shown on the Plan shall be completed on or before December 31, 2014.  The Community Development Director may allow a onetime extension if it is determined that extenuating circumstances warrant.  An extension shall not exceed June 30, 2015.

Effective on: 5/12/2014

Sec. 19-26.1.5  Permitted Uses

The following uses are permitted:

1. Outdoor Retail Display
2. Outdoor Sales and Storage
3. Loading Area
4. Parking
5. Any other use in the underlying district provided it meets all provisions of the Zoning and Site Review Ordinance.

Effective on: 5/12/2014

Sec. 19-26.1.6  Performance Standards for Outdoor Retail Display and Outdoor Sales and Storage Use

Outdoor Retail Display and Outdoor Sales and Storage shall meet the following general standards and those standards as shown on the Plan.

1. Shall be in a dedicated area;
2. Areas immediately adjacent to a public right(s) of way shall be enclosed with a fence and landscaping to screen views from the right(s) of way.  Storage areas must be enclosed with a solid fence or wall.
3. The maximum height of a fence shall be eight (8' 0") feet. The design of the fencing enclosure shall be compatible with the main building(s) and surrounding development.
4. Storage of bales and empty pallets may be located outside a fenced area on the day they are being removed, however, in no event shall they be located outside a fenced area overnight;
5. Streetscape - Street frontages should encourage pedestrian interest and provide safe movement through installation of street trees, curbing, pedestrian lighting and sidewalks.

Effective on: 5/12/2014

Sec. 19-26.1.7  District Termination

This district shall be considered terminated if:

1. The performance guarantee is not submitted as required in Section 19-26.1.4 above.
2. Improvements as shown on the plan are not complete as required in Section 19-26.1.4 above.

Effective on: 5/12/2014

Sec.  19-26.2.1Purpose.

The Village Park Special District (VPSD) is established due to the existing configuration of the park, including the great lawn, gazebo, outdoor ice rink, maintenance shed, and existing parking lot on the site.  The unique nature of the park improvements and the construction of a seasonal, pavilion-style ice hockey rink with additional non-hockey off season recreational and municipal uses in the same location of the existing rink does not meet the strict provisions of the Village Center 1 (VC1) District.  Maintaining the current locations of the park improvements will serve the town and the purpose of the VC1 District.

Effective on: 5/28/2014

Sec. 19-26.2.2 Conformance with other Requirements.

All development and use of land within the VPSD shall conform to all requirements of the Zoning and Site Plan Review Ordinance in Sec. 19-11.5 except as specifically provided for in this section and Sec. 19-26.2.4 below.

a.           Dimensional Standards – Dimensional standards shall comply with the VC1 zone except that uses shall be exempt from setback requirements in Sec. 19-11.5.1, paragraphs 1 and 2.

b.           Architectural Standards – Architectural Standards shall comply with the VC1 zone except for the following:

  1)    Metal siding may be used in conjunction with other durable building materials noted in Section 19-11.5.5.3.

  2)    Unenclosed areas are exempt from the architectural design requirements of the VC1 zone. (Sections 19-11.5.5.3 through 19-11.5.5.5.)

  3)    Facades facing a public street or internal drive shall provide fenestration appropriate to the internal function.  A minimum of 30% fenestration between three feet and ten feet is  encouraged but not required if inappropriate for the internal use. ie: locker rooms, bathrooms, storage rooms, etc.

c.            Parking Areas – The parking lot design shall comply with the VC1 zone except for the following:

  1)     The existing parking area shall be allowed between the building and Hat Trick Drive.

  2)     Screening between the parking area and Hat Trick Drive is not required.

Effective on: 5/28/2014

Sec. 19-26.2.3 District Boundaries.

The boundaries of the VPSD are as depicted on the Village Park Fragmentary Zoning Map dated April 28, 2014 which shall be made part of the Official Zoning map upon adoption.

Effective on: 5/28/2014

Sec. 19-26.2.4 Site Plan Review.

Site improvements specifically related to the hockey rink shall be made in accordance with the plans entitled “Casco Bay Hockey Association, Rink Project – 2014, prepared by Blais Civil Engineers, sheets C1 through C14, dated May 27, 2014 and revised through July 31, 2014 and “Casco Bay Hockey”, prepared by Port City Architecture, sheets A2.0 and A3.0, dated July 21, 2014 (Plans), and shall be exempt from the Section 9 of this Ordinance, Planning Board Site Plan Review. Future changes to the site shall be reviewed under Div. II-19-1-9. of this Ordinance, Planning Board Site Plan Review where applicable.

1. Completion of Site Improvements
   1. No use of the hockey rink shall commence until such time as a Certificate of Occupancy is issued.
   2. All improvements as shown on the Plans shall commence within nine months and shall be completed within 18 months of the effective date of this amendment.  The Community Development Director may allow a onetime extension if it is determined that extenuating circumstances related to construction so warrant.

Effective on: 5/28/2014

Sec. 19-26.2.5 Permitted Uses.

1. Any use permitted in the Village Civic District (VCC)
2. Outdoor recreation facilities with a Maximum New Ground Floor Tenant Area (MNGFTA) of no greater than 50,000 gross square feet.

Effective on: 5/28/2014

Sec. 19-26.3.1 Purpose.

The Hat Trick Drive Special District (HTDSD) is established due to the location of the right of way that the designed street lies within.  The right of way is situated on four parcels, Tax Assessor’s U24-007-001, U24 – 007-002, U52 – 002 and U52-005.  Hat Trick Drive as constructed by the Town is established for public use in the Public Private Limited Development Agreement dated November 17, 2014.

Effective on: 11/24/2014

Sec. 19-26.3.2 Conformance with other Requirements.

The HTDSD shall conform with the design standards as shown on the plans entitled “Route One/Village Commercial District – Hat Trick Drive” prepared by Sewall Associates and dated May 13, 2014 and consisting of four sheets:  Index, C1 , C2 and L1, or as the plan may be amended by the Town of Falmouth for final construction.

Effective on: 11/24/2014

Sec. 19-26.3.3 District Boundaries.

The boundaries of the HTDSD are as depicted on the plans as referenced in Section 19-26.3.2 above and include any and all improvements associated with the construction of the street, including landscaping, storm drainage and signage, and which shall be made part of the Official Zoning map upon adoption.

Effective on: 11/24/2014

Sec. 19-26.3.4 Site Plan Review.

The construction of Hat Trick Drive shall comply with the plans as referenced in Section 19-26.3.2 above and shall be exempt from site plan review under Section 9 of this ordinance. 

Effective on: 11/24/2014

Sec. 19-26.5.1 Authority

Pursuant to 30-A M.R.S.A., §4352 and as defined by 30-A M.R.S.A. § 4301(5), contract zoning is hereby authorized for rezoning of property by the Town Council.

Effective on: 1/1/1901

Sec. 19.26.5.2  Purpose

On occasion, general zoning district designations and traditional zoning methods can be inadequate to fully deal with the unusual nature or unique location of specific proposals for development. In these special situations, more flexible and adaptable zoning methods are needed to assure public benefit and mitigate potential negative impacts on subject, abutting, and nearby properties.

Effective on: 9/26/2016

Sec. 19-26.5.3 Geographic Extent of Applicability

Rezoning under this section shall be permitted in the R1N, VMU, MUC, RA, RB, RC and RD districts.

Effective on: 9/26/2016

Sec. 19-26.5.4 Relationship to Other Provisions.

1. Relationship to Ordinance in General. Any and all standards, requirements and provisions for development in Chapter II-19 of the Code of Ordinances shall remain in force for the base and overlay districts in which the project is located, with the exception of any variations to said districts, whether more permissive or more stringent, granted by the Town Council as part of a contract zoning agreement under this section.
2. Shoreland Zoning.  Any variations to existing Shoreland Districts as a result of a contract zoning agreement shall receive Maine DEP review and approval in accordance with 38 M.R.S.A §438-A(3) as may be required prior to the amendment becoming effective.

Effective on: 9/26/2016

Sec. 19-26.5.5 Findings General.

The Town Council, prior to or as part of an approval of a contract zoning agreement under this section, shall find that the resulting development to be permitted by the agreement and the agreement:

1. Are consistent with the adopted Comprehensive Plan;
2. Allow uses that are consistent with the existing, permitted and conditional uses within the underlying zoning district;
3. Include only conditions and restrictions that relate to the physical development or operation of the property; and
4. Provide public benefit that would not exist under the current zoning.

Effective on: 9/26/2016

Sec. 19-26.5.6 Contract Zoning Agreement Required.

In order to allow for flexibility for the development of the land, to assure public benefit, and to mitigate potential negative impacts on subject, abutting, and nearby properties, a contract zoning agreement is required. Conditions and restrictions may include, by way of example:

1. All variations from standards of Chapter II-19 of the Code of Ordinances 
2. Open space, historic or natural resources and natural buffer zones to be protected
3. Limitations on the number and types of uses
4. Design and layout of buildings, site and any site improvements
5. Scale and density of development
6. Days and hours of operation
7. Provisions for reservation or dedication of land for public purposes
8. Provisions for affordable housing
9. Contributions toward the provision of municipal services required by the development, such as, infrastructure improvements and specialized maintenance needs arising from the rezoning
10. Schedules for commencement and completion of construction including any phasing plan.
11. Performance guarantees securing temporary erosion and sediment control measures, all improvements associated with the project and maintenance of improvements
12. Provisions for enforcement and remedies for breach of any conditions or restrictions
13. Procedures for modifications or amendments.

Effective on: 9/26/2016

Sec. 19-26.5.7 Procedures, Conceptual Review.

The Community Development Committee (CDC) of the Town Council shall review and comment on the conceptual proposal as indicated below.  The purpose of concept review is to allow the applicant an opportunity to discuss the project and be advised on compliance with the general findings required by the Town Council for approval. This provides the foundation to build a formal application that meets the basic requirements for approval and allows for informal dialogue and feedback on the conceptual proposal.

1. Application Submittal. The applicant shall submit their conceptual request for a contract zoning agreement on an application form provided by the Community Development Department and shall be accompanied by a fee as approved by the Town Council.  The application shall contain the items as indicated in Sec. 19-26.5.9 1. below.
2. Concept review. Once the application is considered complete by the Community Development Director or their designee, the CDC shall meet to review the proposal, determine if the general findings under Sec. 19-26.5.5 above have been met and may offer recommendations or comments regarding the design or operational elements of the conceptual proposal.
3. Abutter Notice. Immediate abutters to the property on which the conceptual proposal is located shall be notified by first class mail at least seven (7) days prior to the date of the conceptual review.  The term abutter shall mean an owner of property located adjacent to the subject property as identified in the town’s GIS records at the time of the notice.
4. Failure to meet findings.  Should a final determination of the CDC indicate that the applicant has failed to meet the findings under Sec. 19-26.5.8 above, the applicant may proceed to formal review under paragraph H. below within 60 days of the final determination.

Effective on: 9/26/2016

Sec. 19-26.5.8 Procedures, Formal Review

The following procedure shall be used to submit any request for a a contract zoning agreement under this section.

1. Application Submittal. The applicant shall submit their formal request for a contract zoning agreement on an application form provided by the Community Development Department and shall be accompanied by a fee as approved by the Town Council.  The application shall contain the items as indicated in Sec. 19-26.5.9 2. below. At such time the Community Development Director or their designee determines the application is complete, it shall be forwarded to the Planning Board and the Town Council.
2. Planning Board Review.  The Planning Board shall review the proposal and forward any observations, recommendations and comments to the Town Council.  This review will also serve as the pre-application sketch review required for subdivisions where applicable.
3. Town Council Review. Following the Planning Board review in Sec. 19-26.5.8 2. above, the Town Council shall review the proposal.  Following its review, the Town Council may refer the proposal to the Planning Board for a hearing as prescribed in Sec. 19-26.5.8 4. below.
4. Planning Board Hearing. Should the Town Council refer the proposal to the Planning Board, the Planning Board, as the municipal reviewing authority, shall hold a hearing which meets the requirements of 30-A MRS Sec. 4352(8).
5. Town Council Hearing. The Town Council shall hold a hearing, which hearing requirements shall be no less stringent than the public hearing requirements of Section 213 of the Town Charter. The Town Council may elect to hold a joint hearing with the Planning Board.
6. Final consideration by Town Council.  Prior to adopting a contract zoning agreement, the Town Council shall determine that the proposed contract zoning agreement meets the requirements of each determination in Sec. 19-26.5.5 above.  The Town Council shall state its reasons for its findings and conclusions for each of those determinations.

Effective on: 9/26/2016

Sec. 19-26.5.9 Submission Requirements

The following plans and documentation shall be submitted in compliance with the submittal requirements as established by the Community Development Department, in adequate number and format to facilitate the review of the proposal.

1. Concept review. The following items shall be submitted as part of a concept review application.
   1. Address of property and Map-Lot
   2. Evidence of right, title, or interest in the property
   3. Names and contact information of the record owner and the applicant
   4. Written description of the proposal including use, scale and general physical development scheme.
   5. Map showing property to be rezoned with current zoning, as well as current zoning and uses within 500 feet of the property.
   6. Sketch plan showing conceptual site improvements.
   7. Comprehensive Plan compliance statement with explanation
   8. Statement of public benefit that would not result under current zoning
   9. Compliance with existing and permitted uses of the district(s)
   10. List of variations from existing zoning requested
   11. Need for utility extensions

2. Formal review.  The following items shall be submitted as part of a formal application.  Any application for a project that requires a pre-application sketch review under Chapter II-7 of the Code of Ordinances shall also meet the submittal requirements of Appendix 7-2 of that Chapter.
   1. Names and contact information of the record owner and the applicant
   2. Names and contact information of all consultants working on the project
   3. Evidence of right, title, or interest in the property
   4. Parcel map showing parcel in relationship to abutting parcels and street network.
   5. Existing conditions plan of the development site or parcel at a scale necessary to adequately represent the site and improvements but no more than one hundred (100) feet to the inch
      1. Name of the property owner, north arrow, date, and scale;
      2. Map-block–lot and street address
      3. Metes and bounds of the parcel
      4. Relationship of the site to the surrounding area (including distance to closest street intersection)
      5. Topography of the site at an appropriate contour interval depending on the nature of the use and character of the site
      6. Location and size of existing utilities and stormwater improvements
      7. Existing buildings, structures, or other improvements
      8. Existing restrictions, rights of way and easements 
      9. The location and delineation of water features whether natural or manmade,  including ponds, streams, rivers, wetlands, vernal pools and their upland habitats, ditches, drains, and natural drainage swales, as well as the 100-year floodplain
      10. Watershed boundaries
      11. Indication if the parcel or portions thereof are located within the urbanized area as defined by federal census bureau. [NOTE:  in the urbanized area, may be subject to increased stormwater permitting requirements]
      12. A viewshed analysis showing the location and extent of views into the property from public roads
      13. Locations of all historically significant sites or structures on the tract, including but not limited to cellar holes, stone walls, earthworks, and graves.
      14. Locations of trails that have been in public use (pedestrian, equestrian, bicycle, etc.)
      15. Total acreage of the tract
      16. Net Residential Area calculated for residential development

6. Proposed Conceptual Development Plan - A plan at the same scale as the existing conditions plan, highlighting the opportunities and constraints of the site and including the following:

1. Prime portions of the site that are suitable for development or use
2. Portions of the site that are suitable for on-site sewage disposal if public sewerage is not available
3. Areas of the site that have development limitations (steep slope, flat, soil constraints, wetlands, flood plains, drainage, etc.)
4. Suitable access points and routes for roads and utilities
5. Areas where there may be off-site conflicts or concerns (i.e., noise, lighting, traffic, etc.)
6. Structures within 100 feet of all subject property boundaries and the use of those structures.
7. Proposed location and type of development, including buildings, signage, driveways, parking, and buffering
8. Conceptual building elevations for commercial structures showing height, placement on lot, orientation to the street, and public entrances.
9. Sidewalks, public parking, bus stops, and bicycle accommodation within 100 feet of the development site.

7. Proposals that will trigger a MDOT Traffic Movement Permit must submit a traffic impact study.
8. Draft contract zoning agreement including all applicable items listed in Sec. 19-26.5.6 above and at a minimum the following:

1. Statement of proposed use of the property
2. List of specific zoning changes requested
3. List of conditions and restrictions proposed
4. Site analysis describing major features of the property
5. Statement of consistency with the Comprehensive Plan
6. Statement of consistency with the district(s) uses
7. Statement of public benefit that would not result under current zoning

Effective on: 9/26/2016

Sec. 19-26.5.10 Consulting and review fees.

The Town Council may require any and all consulting and review fees to be paid by the applicant and may require funds to be placed in escrow at the time of the Town Council review.

Effective on: 9/26/2016

19-11.3.1 VC1 and VC2

19-11.3.2 VCC, Village Center Civic

Effective on: 12/9/2013

Sec. 19-11.4.a. Definition of terms.

For the purposes of this section, the following terms shall be defined as:

1. “Existing building footprint” is defined as the building footprint existing as of November 26, 2012.
2. “Existing nonconforming tenant area” is defined as a ground floor tenant area existing as of November 26, 2012, which exceeds the ground floor tenant area limitations in Tables 19-11.3.1 and 19-11.3.2.
3. “Ground floor tenant area" is defined as the first floor indoor space occupied by an individual tenant, either by rent, lease or ownership and as measured from the interior wall faces.

Effective on: 12/9/2013

Sec. 19-11.4.b. Determination of existing ground floor tenant area.

When determining the ground floor area of existing tenant areas, the Code Enforcement Officer shall rely on current town records unless it is determined by the Officer that more accurate data exists.

Effective on: 12/9/2013

Sec. 19-11.4.c. [Repealed/Reserved 9/27/2023]

Effective on: 9/27/2023

Sec. 19-11.4.d. Use of existing ground floor tenant area.

1. 1.
   Notwithstanding the ground floor tenant area limitations specified in Table 19-11.3.1 and 19-11.3.2, any existing nonconforming tenant area, either vacant or occupied, may continue to be used and may be reconfigured within an existing building footprint in the following manner.

   1. a.
      Existing areas equal to or greater than 60,000 square feet shall not exceed the existing nonconforming tenant area.
   2. b.
      Areas greater than 50,000 and less than 60,000 square feet may be expanded up to and including 60,000 square feet.
   3. c.
      Conforming tenant areas may be incorporated into the reconfiguration of nonconforming tenant areas.
2. 2.
   The number of times reconfiguration of tenant spaces may occur is unlimited provided that each reconfiguration meets the requirements in Section 19-11.4.d (1) above.
3. 3.
   In no event shall there be an increase in the number of nonconforming ground floor tenant areas in any building except for buildings occupied by or approved for a single tenant area as of November 26, 2012. Tenant area in buildings occupied by a single nonconforming tenant may be reconfigured to create up to and including two nonconforming ground floor tenant areas.

Effective on: 9/27/2023

Sec. 19-11.4.e. Alteration of existing building footprint.

Existing building footprints may be altered to accommodate the reconfiguration or expansion of nonconforming tenant areas up to and including 60,000 square feet provided that the alteration occurs within the area created by the horizontal extension of the outermost existing building walls.

Effective on: 12/9/2013

Sec. 19-11.4.f. [Repealed/Reserved 9/27/2023]

Effective on: 9/27/2023

Sec. 19-11.5.1 General Dimensional Requirements

1. 1.
   VC1 and VCC lot requirements:

   1. a.
      Front setback from a public ROW or the sidewalk of an internal drive for buildings – minimum of 0 and maximum of 20 feet. Accessory structures and buildings are exempt provided that no access by the public is permitted.
   2. b.
      Side and rear setbacks – none
2. 2.
   VC2 lot requirements

   1. a.
      Front setback from a public ROW or the sidewalk of an internal drive for buildings – minimum of 0 and maximum of 55 feet. Accessory structures and buildings are exempt provided that no access by the public is permitted.
   2. b.
      Side and rear setbacks – none
3. 3.
   The maximum height of buildings in all districts is 45 feet at which height use of elements such as projecting parapets, cornices, upper level step backs, or pitched roof lines is required. [Amended by 11/7/2023 referendum vote on citizen petition - Effective 11/17/2023]

Effective on: 11/17/2023

Sec. 19-11.5.2 General Site Planning. The goal is to create a village area of well-sited, attractive and functional buildings with an emphasis on building interaction with the streetscape. New buildings shall be designed as integral elements in the creation of a village scale landscape and shall be oriented toward a public street or internal drive.

The site and buildings shall be designed to create the highest practicable concentration of pedestrian activity in areas directly adjacent to, and visible from, adjacent public streets and internal drives.  Without limitation, some examples of design methods that may be used to help buildings interact with the streetscape and bring pedestrian activity to the street include the following: Siting outdoor dining areas, pedestrian plazas, or sitting areas adjacent to the street; placing active ground floor uses, such as retail and restaurant uses, on the facades of buildings facing the street; placing building entrances that are expected to be utilized by a high volume of the building's customers on building facades facing the street; and/or other design methods deemed appropriate by the permitting authority. [Amended 9/27/2023]

1. 1.
   Corner Lots - Buildings located on a lot fronting more than one street or internal drive shall be placed at the intersection of the streets or internal drive so that the front setback is met for all frontages unless the site plan designates a future building site at the intersection.
2. 2.
   New buildings on lots that have at least 70% of the frontage length within eighty (80) feet of the front lot line developed with buildings are exempt from meeting the setbacks provided that the existing buildings remain in place.
3. 3.
   Businesses that provide shopping carts shall provide designated cart storage both in the parking lot and inside the store.
4. 4.
   Outdoor retail display shall meet the following standards:

   1. a.
      Shall be in a dedicated area;
   2. b.
      Shall not interfere with approved parking areas, landscaping, stormwater management structures or vehicle and pedestrian circulation;
   3. c.
      Shall only be open to the public during the same hours as the primary use;
   4. d.
      The outdoor display of merchandise shall not exceed a maximum height of six (6' 0") feet; and
   5. e.
      Areas immediately adjacent to a public right(s) of way shall be enclosed with a solid fence or wall to screen views from the right(s)-of-way. The maximum height of the enclosure shall be ten (10' 0") feet. The design of the fencing enclosure shall be compatible with the main building(s) and surrounding development.
5. 5.
   Internal drives are encouraged to develop street frontage for existing buildings and provide more opportunity for infill development.
6. 6.
   Neighborhood Compatibility –Sites developed adjacent to residential district boundaries shall be designed, where possible, so that service areas, parking lots, outdoor storage yards and other similar features do not face toward the district boundary. If orienting these areas toward adjacent residential district boundaries is unavoidable, adequate year round screening and noise reduction shall be provided. (See Section 19-11.5.7, Landscaping and Screening)
7. 7.
   2013 Route One South Infrastructure Plan – The 2013 Route One South Infrastructure Plan (Plan) is hereby adopted as an addendum to this Ordinance. The permitting authority shall rely on the Plan as a guide for access management and streetscape improvements. The permitting authority shall have the authority to modify the improvements if it is determined that the goal of the improvement can be achieved by some other method and that the modifications are in the best interest of the Town and is of equal or greater benefit to the Town.

Effective on: 9/27/2023

Sec. 19-11.5.3 Streetscape–Site planning and architectural design shall complement and be integrated with the improvements made by the Town and recommended in the Plan. Buildings at or near the street edge are a necessary component of a village streetscape. Development along all street frontages should encourage pedestrian interest and provide safe movement.

1. When there is a gap between the sidewalk/proposed sidewalk on Route One or side streets and the front property line, the applicant shall confer with the Town regarding improvements within the right of way to provide a transition.
2. Street trees, curbing, pedestrian lighting and sidewalks are required components on both sides of all side streets. Where improvements are not installed by the Town as part of the Plan, the property owner shall be responsible for the installation of improvements.
3. Street Furnishings – Street furnishings, including outdoor seating or space for pedestrians and patrons are encouraged and may be placed in the public right-of-way with the permission of the Town if not provided on site adjacent to the street. Street furnishings are also encouraged on private property and should be located between the building and the sidewalk. They may include bicycle racks, benches, planters or other similar furnishings. Materials shall be durable and able to withstand heavy public use and Maine climate conditions. Street furnishings shall be secured in such a manner that they cannot be removed easily.

Effective on: 12/9/2013

Sec. 19-11.5.4 Internal Drives– Internal drives may be constructed to bring existing buildings into conformance with front setbacks, to provide street frontage and access for new buildings, to provide alternate routing to existing public streets and to provide pedestrian mobility.

If an internal drive is proposed to satisfy a building's maximum front setback requirements in Sec.19-11.5.1, the internal drive design standards must extend, at a minimum, across the entire building frontage and must connect to a public street or to an existing internal drive that connects to a public street. [Amended 9/27/2023]

1. 1.
   Internal drives shall be designed with measures to provide maximum mobility for pedestrians and cyclists as well as motorists.
2. 2.
   Internal drives may be used for loading zones provided the volume and frequency of deliveries can be accommodated.
3. 3.
   Internal drives are subject to the construction standards in the Subdivision Ordinance, Appendix 5, (F), (G) and (I). The permitting authority may waive standards to promote traffic calming and pedestrian safety, mobility and comfort.

   1. a.
      Lane widths – Travel lanes shall be no narrower than 9 feet and no wider than then 11 feet.
   2. b.
      Sidewalks - Sidewalks shall be installed on both sides of the internal drive. Sidewalks shall be a minimum of five feet in width and must be separated from the drive by vertical curbing. Where existing development provides a sidewalk along the frontage of existing buildings, no additional sidewalk is required along that portion of drive frontage and no additional curbing shall be required.
   3. c.
      Street trees – Trees shall be located at an interval of 30 feet on center and shall be of a species listed in the Shade Tree List published by the Town.
   4. d.
      Pedestrian lighting – Pedestrian lighting shall be installed at an interval of 60 feet on center and with a height of no greater than 14 feet.
   5. e.
      On street parking – On street parking is encouraged. If provided, parking spaces shall have minimum dimensions of 7 feet x 20 feet.
   6. f.
      Curbing and structured drainage facilities shall be provided.
4. 4.
   Notwithstanding the provisions of this section, Hat Trick Drive, as constructed by the Town, is an internal drive for purposes of this ordinance.[Adopted 11/24/2014]

Effective on: 9/27/2023

Sec. 19-11.5.5 Architecture for new building development and redevelopment of existing buildings–A high level of architectural quality is expected. The standards below apply to any new building or building expansion. Existing buildings are encouraged to be renovated to meet the standards.

1. 1.
   General Design Standards

   1. a.
      All buildings and building additions shall be designed by a Maine Licensed Architect unless otherwise waived by the Planning Board.
   2. b.
      No particular architectural style is required but all styles shall incorporate good architectural design with respect to scale, proportion, massing and balance. They shall be human scaled and designed to create a positive contribution to the street upon which they sit. Architectural styles shall not be mixed on a single building.
   3. c.
      Corporate, franchise or trademark architecture. Individual corporate image, trademark, or marketing architectural design elements and colors shall be incorporated only as secondary design elements to the development and not as dominant elements. These architectural design elements shall not define the character or style of the building or development.
   4. d.
      [Repealed/Reserved 9/27/2023]
   5. e.
      At least one customer entrance shall be provided along a building face that fronts a public street or internal drive. Where frontages are on both a public street and a internal drive, one entrance shall be located on the public street.
   6. f.
      Main customer entrances to buildings shall be located on either public streets or internal drives unless deemed impractical or undesirable by the permitting authority after taking into account the context of the overall design of the site.  Any main customer entrances not located on a public street or internal drive shall be connected to the street and/or internal drive by a well-defined and visually appealing pedestrian walkway designed to encourage pedestrian traffic into the site from the street and/or internal drive and to enhance connectivity to the streetscape.  To accomplish these design goals, some examples of design elements the permitting authority may require to be incorporated into the walkway include, without limitation: landscaping elements; pedestrian scale lighting; additional walkway width; placement of plazas or seating areas directly adjacent to the walkway; and/or change in walkway materials, textures, or colors.  The walkway shall provide as direct and as convenient of a route between the street/internal drive and entrances as possible and shall be a minimum of eight feet in width unless the permitting authority determines that a narrower width is acceptable due to site constraints. [Amended 9/27/2023]
2. 2.
   Standards specific to redevelopment of and additions to nonconforming buildings due to setback requirements. Expansions shall not result in the increase of any nonconformity of the building. For purposes of this section increased nonconformity includes reducing the linear feet of a building which is parallel to and closest to a street frontage.

   1. a.
      Additions shall be limited to 50% of the first floor gross square footage of nonconforming buildings as of the date of the adoption of this ordinance. Additions greater than 50% shall be considered a new building.
   2. b.
      Additions of 50% or less made to existing nonconforming buildings are exempt from the maximum front setback provided that the area between the building and the street is improved in such a manner to promote and encourage pedestrian access to the building entrances from the street. This may include but is not limited to sidewalk extensions, patios, outdoor seating, and street furniture. The Planning Board shall have authority to determine the extent of improvements necessary. [Amended 9/27/2023]
   3. c.
      Existing nonconforming buildings may be partially demolished. If more than 75% of the existing building, as of the date of the adoption of this section, is demolished and replaced, the resulting building is required to meet the setbacks and is considered a new building.
   4. d.
      Parking areas between an existing building and the street may remain as long as screening as required in Section 19-11.5.10., Parking Areas is provided.
3. 3.
   Exterior Wall Materials –Durable building materials shall be used such as brick, clapboard, wood shingles or stone. Synthetic or composite siding materials are acceptable if they are substantially identical in appearance as natural materials and of equal or greater durability. Concrete block, split face block, multi-colored brick, asphalt shingles, T-111, plywood, and metal siding are prohibited.

   1. a.
      Highly reflective materials (e.g. plastic panels, brushed aluminum, bronzed glass) are permitted only for windows and doorways.
   2. b.
      Stain or paint shall be applied to wood building materials in such a manner that completely covers knotholes or other imperfections in the siding.
4. 4.
   Façade design – Facades for buildings are to provide visual interest at the street level and shall be proportioned to human scale.

   1. a.
      Foursquare Design – All sides of a building should be equally attractive. Architectural details such as texture, pattern, color, and building form used on the front façade should be incorporated on all building facades.
   2. b.
      Primary entrances to buildings shall be emphasized by detailing, massing, changes in materials, or other architectural methods. Entrances shall be proportional to the scale of the building.
   3. c.
      Design elements that add depth and visual interest to building facades such as mixing materials and colors, decorative trim and molding, cornice details, stepped facades, and columns are encouraged. Decorative elements shall be consistent with the architectural character of the building and scaled appropriately.
   4. d.
      Façade articulation – Façade articulations are required to reduce the apparent length, monotony and mass of larger buildings, creating the illusion of several smaller buildings with common walls and a consistent rhythm of facades. All buildings shall have sufficient relief which interrupts the horizontal and vertical plane of each wall. No wall surface shall exceed 50 feet without an interruption in the horizontal plane of the wall of a minimum of three feet.
   5. e.
      Repeating Façade Treatments – Building facades shall include in their detailing some form of a repeating pattern that includes no less than one of these design elements that shall repeat horizontally: color change, texture change and material module change.
   6. f.
      Multi-story Treatment - A building’s style shall be consistent throughout; details from different eras and inconsistent styles shall not be mixed on a single building.

      1. 1.
         Multistory buildings shall be designed to accommodate a pedestrian scale by providing a sense of “base,” “middle” (where applicable), and “top.”
      2. 2.
         Standards:

         1. a.
            Ground-level facades along public streets or internal drives shall be given a “stronger” appearance than upper floors. Distinction of ground-level facades from other floors shall occur by incorporating a minimum of two of the following features: color change, texture change and material module change.
         2. b.
            Ground floor ceiling height shall be taller than upper stories to emphasize the ground floor as the “base” of the buildings. Ground floor ceiling heights shall be a minimum of 10 feet.
         3. c.
            Middle floors of the building shall be made distinct from the ground floor by a change in material or color, window treatment, incorporation of balconies, stepbacks, and signage.
         4. d.
            Horizontal moldings, belt courses, or other features shall be utilized to create visual separation between each story of the building. Alignment of horizontal moldings shall be considered and relate to the moldings of adjacent building facades that are consistent with these standards, where feasible.
         5. e.
            The top of the building shall emphasize a prominent edge when viewed against the sky, utilizing elements such as projecting parapets, cornices, upper level stepbacks, or pitched rooflines.
   7. g.
      Murals – Murals may be used to treat existing blank facades and may include realistic architectural style detail similar to that on the front façade or artwork. Murals shall be approved by the permitting authority and may not be used as signage.
   8. h.
      Marquees and Awnings – Marquees and awnings are permitted on buildings at a first floor entrance facing a public street or an internal drive. They may project over a public ROW provided that proof of insurance is provided. A minimum clearance of ten feet shall be maintained between the ground surface and the lowest element of the marquee or awning.
   9. i.
      Functional Elements – All vents, down spouts, flashing, electrical conduits, meters, service connections and other functional elements shall be treated as integral parts of the design. Where appropriate, these elements shall be painted to match the color of the adjacent surface, unless used expressly as an accent.
   10. j.
       Auxiliary structures, including freestanding pad structures, shall be architecturally consistent with the primary structures on the site in the use of color, material and detailing.
5. 5.
   Fenestration – The patterns of windows and doorways shall be designed to reflect the internal function of the building in a fashion that complements its façade and form.

   1. a.
      Transparency Standards - Facades facing a public street or internal drive shall have a minimum of 30% of window space between the height of 3 and 8 feet. Retail buildings are encouraged to have a minimum of 70% of window space.
   2. b.
      Windows shall generally be vertical or square in proportion rather than a horizontal ribbon window or other long horizontal window arrangements. Window frames should be recessed into the wall and shall have prominent detailing around the opening such as sills, shutters, relief, trim boards to create a frame around the opening.
   3. c.
      Awnings – Fixed or retractable awnings are permitted at ground floor levels to provide protection for pedestrians. Awnings shall be designed as an integral part of the building façade and should be sized to match window and doorway openings.
6. 6.
   Roofs

   1. a.
      Flat roofs are allowed only on multi-story buildings. Mechanical equipment on flat roofs shall be hidden from view from any public street and from six feet above the ground level of adjacent properties by an enclosed parapet a minimum of 42 inches high or higher if necessary.  The Planning Board may approve alternative screening methods if it can be demonstrated that complete screening of the equipment with a parapet is impractical and if the alternative screening method is architecturally compatible with the overall design of the building and results in complete screening of the equipment. [Amended 9/27/2023]
   2. b.
      Cool or green roofs are encouraged for flat roofs.
   3. c.
      Where the roof will be visible, the roofing materials shall be selected to complement the color and texture of the building’s façade.
   4. d.
      Roof design shall minimize the potential for snow to unload into the front setback or public right of way.
   5. e.
      Gas Stations and Service Garage Canopies – Pitched roofs and fascia trim are required for canopies.
7. 7.
   Service bays shall be oriented so that the openings are not directly accessed from Route One or a side street and are screened from view from the street. The Planning Board may waive this requirement if it determines that there is no other alternative.

Effective on: 9/27/2023

Sec. 19-11.5.6 Pedestrian and Bicycle Movement Development shall include a well-defined safe circulation system that encourages walking and cycling within the Village Center with connections to adjacent neighborhoods. This should be provided with pathways between sidewalks, sidewalks on public streets and sidewalks on internal drives.

1. Pedestrian circulation systems shall provide connectivity between internal pathways, sidewalks on adjacent public and internal streets, buildings and parking lots.
2. Sidewalks and pathways shall avoid crossing parking lots at entrances, service areas and other potential points of conflict where possible. Where such crossings are unavoidable, they shall be as direct as possible.
3. Pedestrian islands shall be installed in streets, drives and driveways where the crossing distance is greater than 32 feet. Pedestrian refuge islands shall be a minimum of six feet wide.
4. Where crosswalks occur, a change in materials, textures or colors shall be provided to emphasize the crossing and enhance visibility.
5. Bike racks shall be provided at a minimum of one at each customer entrance of a building and be placed so to minimize bicycle-pedestrian conflicts. Bike racks may be placed in a public right of way with permission of the Town.

Effective on: 12/9/2013

Sec. 19-11.5.7 Landscaping and Screening– A landscaping plan shall be designed to complement the proposed or redeveloped buildings, reinforce pedestrian circulation, highlight transitions between parking and the building, provide shade to parking areas, provide stormwater treatment, add seasonal interest to the property and provide appropriate screening to adjacent residential properties and districts.

1. The plan shall be developed in accordance with Section 19-70 of this Ordinance.
2. An emphasis should be made to use indigenous species that are insect and disease resistant.
3. Invasive species of plants are prohibited.
4. Where appropriate, landscaping should be integrated with water quality treatment measures.
5. Plantings shall be integrated with the installation of underground utilities and lighting. Mature size of plantings shall be considered in relationship to lighting and signage.
6. Fence materials, where used, shall be durable and of high quality. Materials may include wrought or cast iron, stone, masonry, heavy-gauge aluminum, wood, galvanized steel or other similar material. Fences shall not exceed a height of six feet unless approved by the permitting authority.
7. Landscape elements shall be designed in conjunction with the lighting plan to eliminate dark spots and possible hiding places.
8. Machinery, HVAC equipment, trash collection, truck loading areas, utility meters and other service functions shall be incorporated into the overall design of the building and site so that the visual and acoustic impacts of these functions are fully contained and out of view of a public right of way, internal drive and abutting residential districts. Screening shall be of equal quality of the principal materials of the buildings and landscape and may consist of vegetation, berming or fencing or a combination of these elements to provide a year round opaque screen a minimum of six feet high or of sufficient enough height to block the view from an adjacent pedestrian.
9. Screening between sites in the VC Districts and adjacent residential districts shall provide a visual and acoustic buffer for uses within those residential districts, provide a transition between development in the two districts, shade paved and unpaved surfaces, and screen nighttime light from adjacent property. Screening shall consist of, at a minimum, a year round opaque screen a minimum of six feet high and ten feet deep consisting of a mix of landscaping, berming or fencing. The permitting authority may require additional screening if determined that the minimum does not provide adequate screening.

Effective on: 12/9/2013

Sec. 19-11.5.8 Lighting– In addition to the standards in Section 19-149, the following standards shall be met. Where the standards differ, the standards in this section shall prevail. The minimum level of lighting shall be provided to provide security, safety and visual appeal for both pedestrians and motorists.

1. The placement of lighting fixtures shall be at a pedestrian scale, downwardly directed, and shielded or reflected so as to avoid direct line of sight from pedestrians to the light source unless the light source is very low wattage and issues of glare do not exist.
2. The use of “shoe box” fixtures is prohibited.
3. Lighting from store windows, entryways, marquis, canopies, awnings, soffits, and other integral building features shall be integrated with and enhance sidewalk lighting.
4. Materials used in the light fixtures, poles, and bases shall be of a uniformly high quality.
5. Luminaires shall be housed in a luminaire that is classified by IESNBA as a cut-off distribution. Maximum wattage is 250 watts or the lumen equivalent, except for pedestrian spaces where the maximum wattage is 100 watts or the lumen equivalent.
6. Non cut-off luminaires may be used but are limited to 100 watts or the lumen equivalent.
7. Maximum mounting height, including the base, is 20 feet for parking areas and 14 feet for pedestrian areas.
8. Parking Lot lighting:
   1. Light poles shall be incorporated in landscaped areas wherever possible to avoid damage from vehicles.
   2. Light poles installed in non-protected areas of lots may include a base no greater than one foot in height to prevent damage to the pole.

Effective on: 12/9/2013

Sec. 19-11.5.9 Signage–Buildings shall be marked with attractive, legible signs that complement the architecture and site detailing. Permitting of signs shall be as required in Section 19-44 of this ordinance except where provisions for permitting are noted in this section.

1. 1.
   [Repealed/Reserved 9/27/2023]
2. 2.
   Freestanding Signs

   1. a.
      Quantity

      1. 1.
         VC1and VCC - One sign only is permitted at each intersection of an internal drive with a public street and at the intersections of a commercial driveway with a public street or an internal street. Signs may be placed in the ROW with the permission of the Town. No more than one sign is permitted for each public street frontage.
      2. 2.
         VC2 - No more than two signs per lot per street or internal drive frontage. A minimum separation of 100 feet shall be maintained between all signs, measured along the abutting right of way or edge of an internal drive.
   2. b.
      Letter and character height shall be a minimum of five inches and a maximum of 15 inches.
   3. c.
      Sign area

      1. 1.
         VC1 and VCC - Maximum size is 64 square feet.
      2. 2.
         VC2 – Maximum size is 100 square feet.
   4. d.
      Height – Total height measured includes all framing and posts.

      1. 1.
         VC1 and VCC - Maximum height is 12 feet
      2. 2.
         VC2 – Maximum height is 16 feet
   5. e.
      Simple geometric shapes are required.
3. 3.
   Projecting Signs are permitted in VC1, VC2 and VCC.

   1. a.
      May be projected over the public right of way with an annual certificate of insurance naming the Town of Falmouth as an additional insured.
   2. b.
      May be mounted on the first and second story only.
   3. c.
      Maximum size of 9 square feet.
   4. d.
      Shall be a minimum of 8 feet above the sidewalk, measured from the lowest point of the sign.
   5. e.
      Limited to one per building facade for each business tenant on the first floor. [Amended 9/27/2023]
4. 4.
   Canopy, gas station  are permitted in VC1 and VC2.  Signs are limited to two faces of the canopy and a maximum of 16 square feet on any one canopy side.
5. 5.
   Wall Signs are permitted in VC1, VC2 and VCC.

   1. a.
      Wall signs shall be incorporated into the façade of the building and shall not obscure architectural details. Signage shall be mounted on vertical surfaces without projecting above the fascia trim.
   2. b.
      Wall signs are limited to two per business, with no more than one wall sign per business located on any one façade. [Amended 9/27/2023]
   3. c.
      Wall signs shall be a minimum of eighteen inches (18”) from the edge of a vertical wall.
   4. d.
      Maximum size shall not exceed 64 square feet.
   5. e.
      Maximum gross display area of all wall signs on any given wall shall not exceed ten (10%) percent of the wall area to which they are attached.
   6. f.
      Letters and characters shall be a minimum of five inches in height.
   7. g.
      The maximum size of letters and characters shall be determined by taking into account the sign's location and its relationship to the street.  Lettering shall be sized so as not to overwhelm the building facade and large-scale lettering is generally discouraged where buildings are located at or near a street or internal drive.  Where buildings are located farther from a street or internal drive lettering size may be larger to increase the sign's visibility.
6. 6.
   Marquee Signs are permitted in VC1 and VC2. ​

   1. a.
      Manual reader boards are permitted.
   2. b.
      Letter and character height shall be a minimum of five and a maximum of 15 inches.
   3. c.
      Maximum size – 64 square feet
   4. d.
      Quantity – The sign may occupy all faces of the marquee.
   5. e.
      Sign area shall be included as part of the calculation of wall area in Section 19-11.5.9.5.e.
   6. f.
      Letters and characters shall be a minimum of five and a maximum of 15 inches in height.
7. 7.
   Materials for all signs shall be limited to matte or dull finishes, except for lettering and accent gilding.
8. 8.
   Directional signs are permitted where necessary for maintaining public safety on to and within the site. The display area of a directional sign shall not exceed two square feet and free standing signs shall not exceed four feet in height. Content shall be limited to directional text such as "enter", "exit", "drive-thru" or the like. Logos are limited to twenty-five percent (25%) of the sign face. Signs shall be reviewed under Section 19-127 as part of  Planning Board Site Plan Review or Minor Site Plan Review as required.
9. 9.
   Nonconforming signs may be maintained in their current configuration and location. Content may be altered with approval from the Community Development Director or their designee. The Code Enforcement Officer may approve the relocation of a nonconforming sign provided that the relocation does not increase the nonconformity of the sign.
10. 10.
    Electronic and manual reader boards are expressly prohibited except as provided for in Section 19-11.5.9.6 above. Existing nonconforming reader boards may be maintained but may not be altered or replaced.
11. 11.
    No signs are permitted above the second story, including signs in windows, with the exception that wall signs, are permitted on the third or fourth story.
12. 12.
    No sign shall have visible moving parts or consist of banners, ribbons, streamers, spinners or other similar devices.
13. 13.
    No off-premise sign, including business directional signs as defined in 23 MRSA §1903, shall be erected in a VC District, other than as allowed under Section 19-11.5.9.2 above.
14. 14.
    Externally Lit Signs

    1. a.
       Illumination level on the vertical surface of the sign shall be bright enough to provide a noticeable contrast with the surrounding building or landscape without causing undue spillover and glare.
    2. b.
       Lighting fixtures illuminating signs shall be top mounted where possible and aimed and shielded so that light is directed only onto the sign facade.
    3. c.
       Outlining signs is prohibited.
15. 15.
    Internally Lit Signs

    1. a.
       Internally lit signs shall consist of light lettering or symbols on a dark background. Letters and symbols shall constitute no more than 40% of the surface area of the sign.
    2. b.
       Internally lit individual letters and symbols are preferred over whole panels that are internally lit.

Effective on: 9/27/2023

Sec. 19-11.5.10 Parking Areas (see also Section 19-38-19-39 and Section 19-136-19-139 of this ordinance)– Parking areas within the Village Center shall be designed to accommodate adequate parking while minimizing impervious surface.

1. Parking shall be located to the maximum extent practicable toward the rear of buildings and located along property lines where joint use or combined parking areas with abutting properties are proposed, exist or are anticipated.
2. Parking shall be visually broken up to create a series of smaller outdoor spaces with no more than 20 cars grouped without separation. Landscaped islands between areas or banks of parking stalls shall be a minimum of 6 feet in width.
3. Vehicle accommodation is not permitted between any public street or internal drive and new buildings in the VC1 District.
4. One bank of parking and/or one access lane may be located between the street or internal drive and new buildings in the VC2 District. A bank of parking may only be allowed on one street frontage for buildings placed at or within 100 feet of the corner of a lot with frontage on two streets/internal drives.
5. Parking lots shall be designed to accommodate snow storage on site or a plan for off-site storage shall be approved.
6. Landscaping within parking lots shall be designed to create spaces, define edges, provide shading, add seasonal interest and provide water quality treatment for runoff.
7. Shade trees shall be planted to meet a minimum ratio of 1 tree for every 5 spaces. Trees shall be evenly distributed and planted to maximize the shading effect.
8. Shade trees shall be a species as listed on the Shade Tree List published by the Town or other suitable species as approved by the permitting authority.
9. The development of on-street parking on public streets in collaboration with the Town is strongly encouraged.
10. Shared parking is strongly encouraged to reduce vehicular traffic, minimize impervious surface and encourage pedestrian movements between buildings.
11. If parking is located adjacent to a public street or internal drive it shall be screened with a year round screen between the parking and the sidewalk. The screen shall have a height between 36” and 42” and consist of a combination of landscaping and fencing. Screening areas shall be between 4 and 7 feet in depth. Pedestrian access to the parking lot shall be provided from the sidewalk as well as from any internal drive or commercial driveway. Automobile headlight illumination from parking areas shall be screened from the street. Screening shall also be provided where parking is adjacent to buildings on adjacent lots unless there is approved shared parking.
12. Landscaped islands and strips may be designed to function as a storm water facility that captures, detains, absorbs and infiltrates storm water runoff and non-point pollutants originating on the parking surface being screened.

Effective on: 12/9/2013

Sec. 19-11.5.11 Service Areas– Provisions for servicing buildings, including loading docks, service entrances, trash disposal, utilities and mechanical equipment shall be provided in such a way that minimizes visual blight, offensive odors and excessive noise.

1. Accommodation of deliveries is encouraged to be provided at the front door or other shared entrance rather than a dedicated area.
2. Where deliveries are of such a magnitude that dedicated areas are required, they shall be located in such a manner as to minimize the impact to adjacent streets, buildings, residential uses and districts.
3. Service areas shall be sheltered and/or screened with complementary architectural elements or landscape buffers to minimize visibility from adjacent properties, internal streets and public ways. Building materials shall consist of high quality wood fencing and gates, natural or painted, or masonry or cast-in-place concrete walls with exterior veneer to match architectural features of the primary building.

Effective on: 12/9/2013

Sec. 19-11.5.12 Stormwater Management Facilities– Stormwater management facilities shall be treated as an integral and attractive part of the landscape and be generally compliant with the recommendations of the 2013 Route One Stormwater Management Grant Report or other stormwater management plan as may be adopted by the Town. The location of bioretention areas, rain gardens, filter strips, swales, and constructed wetlands is permitted in required setback areas, parking islands and in buffer strips.

Effective on: 12/9/2013

Sec. 19-11.5.13 Focal Points–Focal points may be established at corners or intersections to create a sense of place, provide pedestrian continuity along the street, provide wayfinding and provide a more varied visual experience for pedestrians and motorists.

1. Focal points may include freestanding small structures, artwork and landscaping. Examples include pedestrian shelters, gazebos, bandstands, shade structures, bus stops, free-standing sculptures, flower gardens, flagpoles and fountains.
2. Focal points should be sized to reflect the importance of the transition.
3. With approval of the Town, they may be placed in the public right of way.
4. Focal points may include water quality treatment.

Effective on: 12/9/2013

Sec. 19-11.5.14 Outdoor Spaces– Human scaled outdoor spaces such as courtyards, outdoor seating, bus stops and pedestrian refuges are encouraged. If provided they should be designed to encourage pedestrian mobility, provide attractive visual features and provide for functional outdoor spaces. If constructed:

1. Spaces shall be highly visible to provide safety and presence.
2. Spaces shall be durable and maintained year round.
3. Spaces shall be well lit, either by street and pedestrian lighting or special lighting to assure safety during use.
4. Furnishings for spaces shall be chosen for their compatibility with the design elements of the 2013 Route One South Infrastructure Plan and be of durable materials able to withstand severe weather conditions and retain their appearance with minimal maintenance.

Effective on: 12/9/2013

19-11.3.1.a Performance Standards for Horticultural Nursery

1. Expansions or replacements of indoor or outdoor components of existing horticultural nurseries shall require site plan approval under Div. II-19-1-9 of this ordinance.
2. Greenhouses are exempt from the maximum setback requirements in Section 19-11.5.1 and architectural standards under Section 19-11.5.5 provided that they are located a minimum of 100 feet from any lot line adjacent to a public right of way.
3. Structures, including greenhouses, located within 100 feet of any lot line adjacent to a public right of way shall meet all requirements of Section 19-11.
4. The Planning Board may require screening measures to minimize the bulky appearance of and glare from greenhouses if visible from neighboring properties. Measures required shall be compatible with light and ventilation needs of the greenhouse operations.
5. Storm water runoff treatment shall meet current Low Impact Development standards.(See Maine Stormwater Best Practices Manual.)

Effective on: 12/9/2013