Gardiner City Zoning Code

Applicability. The following standards shall apply to campgrounds in all districts except the Shoreland and Resource Protection Districts, where they shall conform to the applicable standards contained in the Shoreland Zoning Section of this Ordinance.

Campground Standards.

Individual Private Campsites. Individual private campsites not associated with a campground shall meet the following standards.

Applicability. A home occupation or an accessory business use may be allowed in a residential dwelling if the use is allowed in the zoning district and does not change the essential overall residential character of the dwelling and the neighborhood in which it is located. The home occupation or accessory business use shall be incidental and secondary to the use of the dwelling as a residence. A home occupation or accessory business use may be any occupation or profession which can be carried on within the home and meet the requirements of this Ordinance.

Home Occupation and Accessory Business Use Standards. In order to protect the residential and/or rural character of the City of Gardiner, home occupations and accessory business uses shall meet the following requirements:

Home Occupation uses or accessory business uses which include building trades or similar fields that involve work or services performed away from the home are allowed under these conditions:

Minor Home Occupations. Certain home uses, because of their nature and scope, have a low impact on the residential nature of the dwelling and neighborhood. Such home occupation uses include but are not limited to artist, author, home crafts for off-site sale, office/typing, office tutoring, and off-site direct sales of goods and services and consulting.

Household Pets. Unless their numbers qualify their keeping as a kennel, household pets such as dogs and cats may be kept in all zoning districts.

Standards for Accessory Animal Husbandry. The keeping of animals other than household pets such as horses, cattle, sheep, goats, pigs, bees, and fowl for personal purposes shall be subject to the following:

Standards for Chicken Keeping Residential. The small-scale keeping of chickens for personal use is subject to the following limitations:

Standards for Commercial Animal Husbandry. The keeping of animals such as horses, cattle, sheep, goats, pigs, bees, and fowl for commercial purposes shall be subject to the following:

Standards for Commercial Agriculture. The raising of crops and other plants for commercial purposes shall be subject to the following:

Standards for Beekeeping. The keeping of bees either as Commercial Animal Husbandry or as Accessory Beekeeping shall conform to the following standards:

Kennels.

Animal Services. Animal service care facilities shall comply with the following:

Home Child Care. All home child care uses shall comply with applicable state regulations and the following:

Child Care Facilities. All child care facilities shall comply with applicable state regulations and the following:

All aspects of the industrial process shall be carried on within the structure.

Exterior storage of materials shall be limited to an area of 2,000 square feet.

There shall be no hazardous materials in quantities large enough to cause a public health hazard in case of accidental release.

Purpose. The purpose of this subsection is to establish design and use criteria for all outdoor recreation facility lighting located with the city. This standard is designed to allow the placement of outdoor lighting for nighttime use and create performance requirements to reduce any lighting impacts upon neighboring properties.

General Lighting Requirements for Outdoor Recreation Facilities.

Hoch Field Light Requirements. The existing Hoch Field lights may be used and maintained in their present condition according to the following requirements:

Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance of less than 100 square feet of ground surface. All excavations, including test pits and holes, shall be immediately capped, filled or secured by other equally effective measures to restore disturbed areas and to protect the public health and safety.

Mineral extraction shall comply with the following requirements:

No part of any building shall be closer than 60 feet to a property line.

All required off-street parking shall be located in the side or rear yards.

Each rental unit shall contain not less than 200 square feet of habitable floor space. Each unit shall include a private bathroom facility.

Adequate space shall be provided for a resident owner, manager or other responsible staff person.

The facility shall conform to the applicable requirements of the building and safety codes adopted by the city.

Any units in motels, hotels, and cottage units with individual kitchens and private bathroom facilities and intended to be rented on a monthly or longer basis, shall be considered to be dwelling units for the purposes of this Ordinance.

The facility shall conform to the applicable requirements of the building and safety codes adopted by the city.

Each rental room shall have at least 120 square feet of habitable space.

There shall be at least one bathroom facility provided for rental rooms, separate from the bathroom for the dwelling unit.

All required parking spaces shall be located on the side or rear yards. In addition to the parking spaces required by this Ordinance, two spaces shall be reserved for the owners or operators of the business.

Adult business establishments shall meet the requirements contained in the City Code Title 5, Chapter 5.9, §§ 5.9.1 through 5.9.4, and the applicable requirements of this Ordinance.

An applicant for an adult business establishment shall obtain approval from the Planning Board prior to obtaining a license from the City Council. The Planning Board may condition its approval upon obtaining a license from the City Council.

Application Requirements. Windmill applications shall contain all the applicable submissions required in this Ordinance and the following:

Dimensional Requirements.

Design Requirements.

All free-standing commercial kiosks less than 100 square feet in area may be located in existing parking areas and on lots without having to meet the minimum lot-size requirements for a primary building or use.

All free-standing commercial kiosks having more than 100 square feet of area shall conform to all the applicable dimensional requirements for a principal building or use.

Kiosks shall be designed to safely accommodate traffic and be incorporated into the traffic flow pattern of the area. Traffic entering and exiting the kiosk shall be directed through the use of signs, striping, raised islands, or similar features.

The area dedicated for the kiosk, including all queuing areas, shall not reduce the required parking spaces necessary for adjacent uses.

The kiosk shall not have a separate entrance or exit from the road. The existing entrances and exits to the area shall be used.

This section shall apply to all businesses engaged in sales or service of vehicles including boats, recreational vehicles, trucks, and heavy equipment.

All repair and body work shall occur within an enclosed building.

No inoperable vehicles or vehicle parts shall be stored or displayed within the front yard.

No permit shall be granted within 300 feet of a well that serves as a private drinking water supply, and in the case of a well that serves as a public drinking water supply, within the greater of:

New Two-Family Dwellings. New two-family dwellings shall meet all the lot and dimensional requirements of the zone in which they are located and the following criteria:

Two-Family Conversion. Any existing structures to be converted or expanded into a two-family dwelling may be converted without meeting lot area or dimensional requirements for the zone in which they are located, but shall meet the following requirements:

New Multi-Family Dwellings. All new multi-family dwellings shall meet the lot, dimensional, and density requirements for the zone in which they are located and the following criteria:

Multi-Family Conversion. Any existing structure to be converted or expanded into a multi-family dwelling shall meet all the dimensional, density and performance standards for new multi-family dwellings.

Conversion to Single-Family Use or Multi-family Structures With Fewer Units. Any existing two-family or multi-family structure may be converted to single family use in any district allowing single-family uses, or to a multi-family structure with fewer units, subject to the following criteria:

Manufactured Housing Not in a Manufactured Housing Park.

Manufactured Housing Parks. Manufactured housing parks shall meet state requirements for mobile home parks and all of the following criteria:

No person or landowner shall allow any junkyard or recycling facility to be established, operated, maintained or suffered to exist without first obtaining a permit pursuant to this Ordinance and a non-transferable land use permit issued by the City Council in accordance with State licensing and local requirements, and complying with the following provisions.

Junkyards shall be located a minimum of 100 feet from the edge of the right-of-ways; and shall be set back 100 feet from all side and rear lot lines.

Junkyards shall be located a minimum of 300 feet from any public park, facility, or grounds, public bathing beach, school, church, or cemetery.

No motor vehicles shall be located on a sand and gravel aquifer or wetland, as shown in the Comprehensive Plan, or within the 100-year flood plain as mapped by the Federal Emergency Management Agency.

A motor vehicle with an intact engine or motor shall not be stored within 100 feet of any body of water or freshwater wetland, as defined by 38 M.R.S.A. Section 436-A, Subsection 5.

No permit shall be granted within 300 feet of a well that serves as a private water supply, and in the case of a well that serves as a public drinking water supply, within the greater of:

The facility shall be screened from ordinary view of the adjoining public and/or private property. Such screening may be accomplished by natural or manmade objects, plantings, or properly constructed fences, any of which shall completely screen the facility from ordinary view throughout the entire calendar year. Such screening shall complement the colors, textures, and tones found in the surrounding area. Certain facilities may be required to provide internal screening because of size and topography.

No motor vehicles or major parts may be stacked or piled on top of each other so as to protrude above the screening. In any event, stacking shall not exceed twelve feet above ground level.

Stacking and/or parking of motor vehicles shall be arranged in a grid fashion which employs, at maximum, either a 70-foot square pattern or a 25-foot by 200-foot block pattern. Fourteen-foot aisle spaces shall be provided for fire fighting apparatus access to such squares or blocks. Parking along screening in a continuous manner shall be permitted.

Fluids from a vehicle may not be permitted to flow or be discharged into or onto the ground.

All junk and salvage materials shall be stored within the screened/fenced areas and the operation shall be conducted in such a manner as to prevent unsightliness to the adjacent areas.

No open burning of salvage material or junk shall be permitted on the premises. Waste fluids and unusable materials shall be disposed of in an environmentally sound manner.

The facility shall be at all times maintained in a sanitary condition. No garbage or other waste liable to give off a foul odor or attract vermin shall be kept on the property; nor shall any refuse of any kind be kept in said premises.

No junk shall be delivered to the facility on Sundays, legal holidays, or before the hour of 6:00 a.m. or after the hour of 9:00 p.m. on other days, except that special permission may be granted by a member of the Gardiner Police Department in the event of extenuating circumstances.

Any equipment used to crush motor vehicles shall only be operated within the area enclosed by screening of junked motor vehicles. No such equipment shall be operated on Sundays, legal holidays, or before the hour of 6:00 a.m. or after the hour of 9:00 p.m. on other days, except that special permission may be granted by a member of the Gardiner Police Department in the event of extenuating circumstances.

This subsection applies to all construction and expansion of wireless telecommunications facilities, including communication facilities and towers, except as provided in § 10.19.2.

The following are exempt from the provisions of this Ordinance:

Review Application. Wireless telecommunications facilities, including expansions of existing facilities, shall comply with the application requirements of this Ordinance and shall include the following additional information:

Standards.

Standard Conditions of Approval.

Abandonment.

A public path shall not be considered a principal use of land. All public paths shall be reviewed and approved in conformance with this Ordinance.

Standards.

Purpose. The purpose of these provisions is to allow for new concepts of development where variations of design may be allowed, if the net residential density is no greater than is permitted in the area in which the development is proposed. Notwithstanding other provisions of this Ordinance relating to dimensional requirements, the Planning Board, in reviewing and approving proposed residential developments, may modify said provisions related to dimensional requirements to permit innovative approaches to housing and environmental design in accordance with the following standards.

Design Requirements.

Requirements for Open Space Areas.

Dedication and Maintenance of Common Open Spaces and Facilities.

Density Bonus.

Purpose. The purpose of the sign standards is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising, outdoor advertising signs, and outdoor signs of all types; to protect property values, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty and provide a more enjoyable and pleasing community; to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights of way, provide more open space and curb the deterioration of natural beauty and community environment; and to promote Gardiner as a distinctive community.

Definitions.

Applicability.

Prohibited Signs. The following signs are prohibited in the City of Gardiner:

General Sign Requirements.

Allowed Signs by Zoning District.

Performance Standards for Specific Situations or Types of Signs.

Channel Letter Signs. When channel letters and logos are attached directly to the wall without a distinctive background that creates a virtual signboard, the area of the sign is the area of the basic geometric shape that encloses the informational elements of the sign.

Pylon Signs. The area of the sign is the area of the basic geometric shape that encloses the informational elements of the sign. The blank area is of a pylon sign not counted as part of the sign area unless it is a distinct background for the informational element so that it creates a virtual sign board.

Complex Signs. The basic principle in calculating the area of a sign is that the area of the sign is the area of the smallest simple geometric shape (square, rectangle, circle, ellipse, or triangle) that can encompass all of the informational elements of the sign. The following example shows how this principle applies to a simple script sign using a rectangle. The area of this sign would be the area of the rectangle. In other situations, another shape or combination of shapes may be the better solution.

Temporary Retail Displays. Retail displays, including temporary signage may be displayed on public sidewalks provided they meet the following conditions:

Sidewalk Cafés. No person shall expand a food service establishment to the outside on any sidewalk in the City except under a duly authorized outdoor dining permit.

The ADU shall be incidental and secondary to the use of the dwelling as a single-family residence.

Either the primary dwelling unit or the ADU shall be occupied by the owner of the property. For the purposes of this provision, this condition will be deemed to be satisfied if one unit is occupied by the beneficiary of a trust, life estate, or similar legal arrangement.

The ADU shall be provided with water supply and sewage disposal systems meeting the requirements of City and State ordinances and codes. If sewage disposal will be provided through a subsurface wastewater disposal system, the system shall be appropriately sized to handle the additional flow if any.

The minimum size for an accessory dwelling unit (ADU) is 190 square feet. The maximum size of the ADU is limited to a maximum floor area of forty percent (40%) of the useable floor area of the principal dwelling unit or one thousand (1000) square feet whichever is greater with not more than one bedroom.

The ADU may be located within the principal building or in an accessory building or structure. A Tiny Home may be used as an ADU provided that it meets all of the other standards of 10.28 and is located on a lot in a district that permits ADUs and that contains a minimum of twenty thousand (20,000) square feet of lot area.

The inclusion of the ADU must maintain the residential character of the single-family home. If the ADU is located in the principal building, the entrance to the unit from the outside must be through an existing exterior door or through a door located on the side or rear of the building.

If the ADU is located in a new or expanded accessory building, the exterior appearance of that structure shall be compatible with appearance of the principal building.

Accessory dwelling units as defined require no parking space.

Any property line of the lot upon which a cannabis establishment is located shall be a minimum of one thousand (1,000) feet from any property line of a lot upon which a public or private school, daycare center/nursery school, athletic field or playground is located. A “school” includes public school, private school, or public preschool program as defined in 20-A M.R.S. §1, or any other educational facility including commercial schools that serve children that are less than eighteen (18) years old.

A Cannabis Retail Store, a Cannabis Registered Dispensary, or a Cannabis Nursery Cultivation Facility shall not be open for consumer transactions or other public activity between the hours of 8:00 p.m. and 8:00 a.m. unless the City Council establishes other hours of operation as part of a City Cannabis Establishment License.

Any property line of the lot upon which a Cannabis Retail Store, a Cannabis Registered Dispensary, or a Cannabis Nursery Cultivation Facility is located shall be a minimum of five hundred (500) feet from any property line of a lot upon which any other existing Cannabis Retail Store, a Cannabis Registered Dispensary, or a Cannabis Nursery Cultivation Facility is located. A legally existing medical cannabis establishment at the time of adoption of this provision or an establishment that has received a City Cannabis Establishment License shall be considered an existing facility for the purpose of this limit.

A Cannabis Products Manufacturing Facility or a Cannabis Testing Facility shall not be located in a building or structure that contains one or more dwelling units or other residential uses. This limitation shall not apply to facilities located in a single-family home that is occupied by a Registered Cannabis Caregiver.

An applicant that has received a conditional license from the State of Maine for a cannabis establishment may apply for City approval of that category of establishment. Any approval or license based upon a conditional state license shall be conditioned on the applicant receiving an active license from the state within one hundred eighty (180) days of the date of the City’s approval. If the applicant fails to obtain an active license within that period, all City approvals, licenses and permits are void.

A Cannabis Products Manufacturing Facility in the Intown Commercial District is only allowed if conducted within a commercial kitchen setting of less than four thousand (4,000)square feet and not using any “inherently hazardous substances” as defined by Title 285B Section 102(20) M.R.S. Chapter 558-C.

All cannabis establishments shall be designed and operated in a manner that prevents cannabis plant odors from significantly altering the environmental odor outside. Odor control can include the management of odor producing operations as well as provisions for ventilation and filtration systems.

All cultivation of cannabis including but not limited to cultivation by a Licensed Cannabis Cultivation Facility or an individual growing for personal use shall be conducted in accordance with the following requirements:

Sale of all cannabis products shall be conducted from a location permitted by The City of Gardiner. No off-site sales or sales from mobile or transient vendors shall be permitted.

The lot on which the tiny home is located is in a zoning district in which tiny homes are allowed as shown on the Land Use Table in 7.6.

The Tiny Home is located on a lot that conforms to the minimum lot area, minimum road frontage and minimum shore frontage requirements for the zoning district in which it is located as shown in the table of Dimensional Requirements in 7.7.

The Tiny Home is located on the lot so that it conforms to all setback requirements for the zoning district in which it is located as shown in the Table of Dimensional Requirements in 7.7.

The Tiny Home shall be served by a sewage disposal system meeting the requirements of the Maine State Plumbing Code and the Subsurface Wastewater Disposal Rules if applicable.

The Tiny Home shall be served by a potable water system capable of providing a supply of at least sixty (60) gallons per day.

If the Tiny Home is constructed in accordance with the standards for Tiny houses in the Maine Uniform Building and Energy Code (MUBEC), the home shall be located on a permanent foundation meeting the requirements of MUBEC.

If the Tiny Home meets the definition of "Tiny home" as set forth in 29-A M.R.S. § 101(80-C), as amended, then such Tiny Home, whether temporarily or permanently placed, shall be installed on the lot in accordance with the provisions of the following subchapters of 02-385 CMR Ch. 890, as amended: Subchapter B – Pre-Installation Considerations, Subchapter C – Site Preparation, Subchapter D – Foundations, and Subchapter E – Anchorage Against Wind (collectively, the “Installation Standards”). These standards shall apply to Tiny homes as defined under 29-A M.R.S. § 101(80-C) as though they are manufactured homes as that term is used in the Installation Standards, and the Installation Standards are hereby incorporated by reference in this manner. The Code Enforcement Officer is authorized to grant a waiver or partial waiver of these installation standards to reflect potential differences in the design and size between manufactured housing and a Tiny home, so long as such waiver or partial waiver is not inconsistent with the purpose and intent of the Installation Standards.

No part of an Accessory Solar Array that is mounted on the roof or exterior wall of a building shall project more than two (2) feet from the primary surface of the roof or wall.

No part of an Accessory Solar Array that is mounted on the ground or a supporting structure that is not part of a building shall project more than twelve (12) feet above the average grade of the ground beneath the array if any part of the array is visible from a residential use.

No part of a ground-mounted Accessory Solar Array shall be located within the required setbacks or within twenty-five (25) feet of the property line of a lot that is improved with a residential use.

No part of a ground-mounted Accessory Solar Array shall be located between the front property line of the lot and the line of the front wall of the building extended to the side or other property lines. This restriction shall not apply in the PIC District or when the front wall of the building is located more than one hundred (100) feet from the front property line.

A ground-mounted Accessory Solar Array shall be screened from view from public streets and all residential uses located within one hundred (100) feet of any portion of the solar array as measured from the closest part of the residential structure. The screening shall provide visual screening meeting the standards for Semi-Full Screen Options for property lines set out in § 8.11.4.5.1.

No part of a Solar Electric Production Facility that is mounted on the roof or exterior wall of a building shall project more than two (2) feet from the primary surface of the roof or wall.

No part of a Solar Electric Production Facility that is mounted on the ground or a supporting structure that is not part of a building shall project more than ten (10) feet above the average grade of the ground beneath the array if any part of the array is visible from a residential use. The Planning Board as part of the review and approval of the site plan for the facility may approve a ground-mounted installation that is higher than ten (10) feet if the applicant demonstrates that it will not have a negative visual impact when viewed from a public street or a residential use taking into account proposed screening of the array.

No part of a ground-mounted Solar Electric Production Facility shall be located within one hundred (100) feet of the property line of a lot that is improved with a residential use. The Planning Board as part of the review and approval of the site plan for the facility may reduce the setback of the array from the property line of a lot if it finds that:

A ground-mounted Solar Electric Production Facility shall be screened from view from all residential uses located within one thousand (1000) feet of any portion of the solar array as measured from the closest part of the residential structure. The screening shall provide an opaque visual barrier at least eight (8) feet in height and may consist of one or more of the following:

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

General Requirements.

Minimum Lot Size. The minimum lot size for any lot containing a battery energy storage system or commercial data center shall be at least 0.75 acres, regardless of the dimensional lot requirement of the Land Use Zone in which it is located.

Fencing. The battery energy storage system, commercial data center, and any associated interconnection equipment and dedicated use buildings shall be enclosed using at least six (6) foot fencing.

Buffers and Screening. Any battery energy storage system or commercial data center must provide for the buffering and screening in accordance with the Land Use Ordinance Section 8.11 Buffer area and screening standards for that zone.

Special Signage.

Vegetation and tree-cutting. Areas within 10 feet on each side of the battery energy storage system or commercial data center shall be cleared of combustible vegetation and other combustible items. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, or similar plants used as ground covers shall be permitted provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.

Decommissioning.

Additional Site Plan Application Materials. A battery energy storage system or commercial data center requires site plan approval. A site plan application shall include the following information: