Kittery City Zoning Code
CHAPTER 16
4 Land Use Zone Regulations
§ 16.4.1 Purpose.
The purpose of this chapter is to establish zones, uses, standards and dimensional requirements for the Town to implement the adopted Comprehensive Plan.
§ 16.4.2 Establishment of zones.
To implement the provision of this title, the Town is divided into the following base and overlay zones:
§ 16.4.3 Base zones.
A.
Residential — Rural (R-RL).
B.
Residential — Suburban (R-S).
C.
Residential — Kittery Point Village (R-KPV).
D.
Residential — Urban (R-U).
E.
Residential — Village (R-V).
F.
Residential — Rural Conservation (R-RC).
G.
Conservation (CON).
H.
Business — Local (B-L).
I.
Business — Local 1 (B-L1).
J.
Commercial 1 (C-1).
K.
Commercial 2 (C-2).
L.
Commercial 3 (C-3).
M.
Industrial (IND).
N.
Mixed-Use (MU).
O.
Mixed-Use — Badgers Island (MU-BI).
P.
Mixed-Use — Kittery Foreside (MU-KF).
Q.
Mixed-Use — Neighborhood (MU-N).
R.
Transportation — Maine Turnpike (T-MT).
§ 16.4.4 Overlay zones.
§ 16.4.5 Zoning Map.
A.
Zone boundaries. The location and boundaries of the zones are established as shown on the current Official Zoning Map titled "Town of Kittery Maine Land Use Zoning Map," as may be amended by law. The Zoning Map with all explanatory matter thereon is hereby made part of this title and must be kept on file at the Town office. Said Zoning Map must be drawn at a scale of not less than one inch equals 1,000 feet. Zone boundaries must be clearly delineated, and the map must have a legend indicating the name and symbol for each zone.
§ 16.4.6 Boundary line interpretation.
A.
Where uncertainty exists with respect to property or natural resource boundaries of the various zones as shown on the Zoning Map, the following rules apply:
(1)
Unless otherwise shown, zone boundary lines are coincidental with street center lines and lot lines. Where zone boundary lines are designated on the Zoning Map, those lines are construed to be the boundary of the zone.
(2)
Where the zone boundary lines are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the zone boundaries are construed to be the lot lines, and where the zones designated on the map accompanying and made a part of this title are bounded approximately by lot lines, the lot lines are construed to be the boundary of the zones unless the boundary lines are otherwise indicated on the Zoning Map.
(3)
Where unsubdivided property lies within two or more zones, the zone boundary lines on the Zoning Map are determined by use of the scale appearing on the Zoning Map.
(4)
Where there is uncertainty regarding a zone boundary, the Planning Board is the local decision authority as to the exact location of said boundary. In the Shoreland and Resource Protection Overlay Zones, boundary redefinition must be supported by documentation from an appropriate certified Maine state land surveyor.
§ 16.4.7 Overlay zone.
A.
An overlay zone is a special purpose zone where additional regulations, beyond those set forth in the base zone, apply. The regulations of the underlying zone must apply unless specified otherwise in the overlay zone.
§ 16.4.8 Zoning Map amendments to Resource Protection and Shoreland Overlay Zones.
A.
If Zoning Map amendments are adopted that change the Shoreland or Resource Protection Overlay Zones, said amendments also must be approved by the Maine Commissioner of the State Department of Environmental Protection and then implemented within 30 days of approval.
§ 16.4.9 Prohibited uses.
§ 16.4.10 Residential - Rural (R-RL).
A.
Purpose. The purpose of the Residential - Rural R-RL Zone is to protect the prevailing rural character of the Town and its natural rural quality from development sprawl by prescribing the most appropriate uses and standards.
B.
Permitted uses. The following uses are permitted in the R-RL Zone:
(1)
Accessory dwelling unit.
(2)
Conservation subdivision.
[Amended 10-24-2022]
(3)
Dwelling, manufactured housing.
(4)
Dwelling, single-family.
(5)
Dwelling, multifamily 2-4 "limited", as follows:
[Added 11-27-2023]
Total Maximum Number of Units Allowed on Lot (Attached or Detached) | ||
|---|---|---|
Number of Existing Units | Public Sewer and Water Available | Public Sewer and Water Not Available |
0 | 4 | 2 |
1 | 3 | 3 |
2 | 2 | 2 |
(6)
Convalescent care facility.
(7)
Nursing care facility, long-term.
(8)
Accessory buildings, structures, and uses.
(9)
Home occupation, minor.
(10)
Individual private campsite.
(11)
Day-care facility.
(12)
Hospital.
(13)
Private assembly.
(14)
Public facility.
(15)
Public or private school.
(16)
Religious use.
(17)
Recreation, public open space.
(18)
Agriculture.
(19)
Commercial school.
(20)
Energy storage system, residential.
[Added 4-11-2022]
(21)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(22)
Solar energy system, ground-mounted small-, medium- and large-scale (under 20,000 square feet).
[Added 4-11-2022]
C.
Special exception uses. The following uses are permitted as special exception uses in the R-RL Zone:
(2)
Home occupation, major.
(3)
Campgrounds.
(4)
Rooming house.
(5)
Public utility facility.
(6)
Recreation, commercial indoor.
(7)
Recreation, commercial outdoor.
(8)
Agriculture, piggery.
(9)
Commercial kennel.
(10)
Sawmill, permanent.
(11)
Sawmill, temporary.
(12)
Veterinary hospital.
(13)
Cemetery.
(14)
Shops in pursuit of trade.
(15)
Junkyard.
(17)
Major or minor subdivision.
(18)
Solar energy system, ground-mounted large-scale (above 20,000 square feet).
[Added 4-11-2022]
D.
Standards. The following standards must be met unless modified per Chapter 16.10, Conservation Subdivision:
[Amended 10-24-2022]
(2)
Dimensional standards:
(a)
Minimum net residential acreage per dwelling unit: 40,000 square feet.
[Amended 11-27-2023; 5-13-2024]
(b)
Minimum lot size: 40,000 square feet.
(c)
Minimum street frontage: 150 feet.
(d)
Minimum front yard: 40 feet.
(e)
Maximum building coverage: 15%.
(f)
Minimum rear and side yards: 20 feet.
(NOTE: Buildings higher than 40 actual feet are to have side and rear yards not less than 50% of building height.)
(g)
Maximum building height: 35 feet.
(NOTE: Minimum distance between principal buildings on the same lot is the height equivalent to the taller building.)
(h)
Minimum water body setback for functionally water-dependent uses: zero feet.
(3)
Subdivision types and standards. Subject to net residential acreage and net residential density per Chapter 16.3.
(4)
Junkyards. In the case of junkyards, the following special standards apply, which are in addition to the standards and provisions prescribed in Maine State Statutes, 30-A M.R.S.A. §§ 3751 to 3760, and any changes thereto:
(5)
Mobile home parks. In the case of mobile home parks, sites must be at least 10 acres, subject to the special provisions of § 16.5.17.
(6)
Affordable housing requirements:
[Added 10-24-2022]
E.
Shoreland Overlay Zone OZ-SL — Residential — Rural Zone (R-RL).
(1)
Permitted uses.
(a)
Accessory buildings, structures, and uses.
(b)
Agriculture.
(c)
Dwelling, single-family, if located farther than 100 feet from the normal high-water line of any water bodies, or the upland edge of a wetland individual private campsite.
[Amended 11-27-2023]
(d)
Recreation, public open space.
(e)
Energy storage system, residential.
[Added 4-11-2022]
(f)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(g)
Solar energy system, ground-mounted small-, medium- and large-scale (under 20,000 square feet).
[Added 4-11-2022]
(2)
Special exception uses.
(a)
Day-care facility.
(b)
Home occupation, major.
(c)
Home occupation, minor.
(e)
Public utility facility.
(f)
Recreation, commercial indoor.
(g)
Recreation, commercial outdoor.
(h)
Commercial school.
(i)
Public or private school.
(j)
Hospital.
(k)
Nursing care facility, long-term.
(l)
Convalescent care facility.
(m)
Public facility.
(n)
Religious use.
(o)
Private assembly.
(p)
Solar energy system, ground-mounted large-scale (above 20,000 square feet).
[Added 4-11-2022]
F.
Resource Protection Overlay Zone OZ-RP — Residential — Rural Zone (R-RL).
(2)
Special exception uses.
(a)
Accessory buildings, structures, and uses.
(b)
Agriculture.
(c)
Home occupation, major.
(d)
Home occupation, minor.
(e)
Dwelling, single-family.
(f)
Commercial school.
(g)
Public or private school.
(h)
Religious use.
(i)
Private assembly.
(j)
Public utility facility.
(k)
Solar energy system, ground-mounted small-, medium- and large-scale (under 20,000 square feet).
[Added 4-11-2022]
§ 16.4.11 Residential - Suburban (R-S).
[Amended 4-11-2022; 10-24-2022; 11-27-2023; 11-27-2023; 5-13-2024; 12-9-2024]
A.
Purpose. The purpose of the Residential — Suburban R-S Zone is to provide areas adjacent to the developed urban areas for future residential growth consistent with the availability of public utilities. To this end, the following apply:
B.
Permitted uses. The following uses are permitted in the R-S Zone:
(1)
Accessory dwelling unit.
(2)
Conservation subdivision.
(3)
Dwelling, multifamily (not more than four units per building).
(4)
Dwelling, single-family.
(5)
Dwelling, multifamily 2-4 limited.
(6)
Convalescent care facility (may not occupy more than 5,000 square feet of floor area).
(7)
Nursing care facility, long-term (may not occupy more than 5,000 square feet of floor area).
(8)
Residential care facility (may not occupy more than 5,000 square feet of floor area).
(9)
Accessory buildings, structures, and uses.
(10)
Home occupation, minor.
(11)
Day-care facility.
(12)
Elderly day-care facility.
(13)
Hospital (may not occupy more than 5,000 square feet of floor area).
(14)
Nursery school (may not occupy more than 5,000 square feet of floor area).
(15)
Private assembly (may not occupy more than 5,000 square feet of floor area).
(16)
Public facility (may not occupy more than 5,000 square feet of floor area).
(17)
Public or private school (may not occupy more than 5,000 square feet of floor area).
(18)
Religious use (may not occupy more than 5,000 square feet of floor area).
(19)
Recreation, public open space.
(20)
Agriculture.
(21)
Commercial school (may not occupy more than 5,000 square feet of floor area).
(22)
Energy storage system, residential.
(23)
Solar energy system, building-integrated and roof-mounted.
(24)
Solar energy system, ground-mounted small-, medium- and large-scale (under 20,000 square feet).
C.
Special exception uses. The following uses are permitted as special exception uses in the R-S Zone:
(1)
Dwelling, multifamily (five to 12 units per building).
(2)
Home occupations, major.
(3)
Rooming house.
(4)
Public utility facility.
(5)
Cemetery.
(6)
Retail sales, convenience (excluding the sale of gasoline).
(9)
Major or minor subdivision.
(10)
Solar energy system, ground-mounted large-scale (above 20,000 square feet).
D.
Standards. The following standards must be met unless modified per Chapter 16.10, Conservation Subdivision:
(2)
Dimensional standards.
(a)
Unit density:
[1]
For developments served by public water and sewer facilities: minimum lot area per dwelling unit, 30,000 square feet unless reduced in accordance with Note A.
[2]
For developments served by public water and sewer facilities when more than 50% of the dwelling units proposed will be affordable as defined by this code: minimum lot area, 12,000 square feet.
[3]
For developments that are not served by public water and sewer facilities: minimum net residential acreage per dwelling unit, 40,000 square feet.
[4]
For developments that are not served by public water and sewer facilities when more than 50% of the dwelling units proposed will be affordable as defined by this code: minimum net residential acreage per dwelling unit, 16,000 square feet. On-site septic facilities must be designed and installed in accordance with Maine DEP requirements.
(c)
Minimum street frontage: 150 feet unless reduced in accordance with Note A.
(d)
Minimum front yard: 40 feet.
(e)
Maximum building coverage: 20%.
(f)
Minimum rear and side yards: 15 feet.
(Note: Buildings higher than 40 actual feet must have side and rear yards not less than 50% of the building height.)
(g)
Maximum building height: 35 feet.
(Note: Minimum distance between principal buildings on the same lot is the height equivalent to the taller building.)
(h)
Minimum water body setback for functionally water-dependent uses: zero feet.
(i)
Minimum setback from streams, water bodies and wetlands: in accordance with Table 16.5.30, § 16.4.28 and Appendix A, Fee Schedules.
Note A: |
The required minimum lot area per dwelling unit and/or minimum lot size for residential uses that are served by public sewage disposal and that are located outside of areas subject to shoreland zoning may be less than 30,000 square feet per lot/unit if the established average density of development in the immediate area of the use as determined below is less than 30,000 square feet. |
If the average of the lot sizes and/or lot area per dwelling unit of the developed residential lots that are located on the same street and within 500 feet of the parcel is less than 30,000 square feet, the required minimum lot size or required minimum lot area per dwelling unit is the calculated average lot size or average lot area per dwelling unit but not less than 20,000 square feet. |
If the required minimum lot size is reduced, the required minimum street frontage for new residential uses served by public sewerage may also be reduced to the average of the lot frontage of existing developed residential lots that are located on the same street and within 500 feet of the parcel but in no case to less than 100 feet. |
(3)
(5)
Parking. When more than 50% of the dwelling units provided will be affordable as defined by this code: two parking spaces per three dwelling units.
(6)
Affordable housing requirements:
E.
Shoreland Overlay Zone OZ-SL — Residential — Suburban Zone (R-S).
(1)
Permitted uses.
(a)
Day-care facility.
(c)
Elderly day-care facility.
(d)
Recreation, public open space.
(e)
Solar energy and storage systems if located farther than 100 feet from the normal high-water line of any water bodies, or the upland edge of a freshwater or coastal wetland:
(f)
Solar energy system, building-integrated and/or roof-mounted.
(2)
Special exception uses.
(a)
Home occupation, major.
(b)
Home occupation, minor.
(d)
Public utility facility.
(e)
Commercial school (must not occupy more than 5,000 square feet of floor area).
(f)
Public or private school (must not occupy more than 5,000 square feet of floor area).
(g)
Residential care facility (must not occupy more than 5,000 square feet of floor area).
(h)
Hospital (must not occupy more than 5,000 square feet of floor area).
(i)
Nursing care facility, long-term (must not occupy more than 5,000 square feet of floor area).
(j)
Public facility (must not occupy more than 5,000 square feet of floor area).
(k)
Religious use (must not occupy more than 5,000 square feet of floor area).
(l)
Private assembly (must not occupy more than 5,000 square feet of floor area).
(n)
Dwelling, multifamily two to four (“Limited”).
F.
Resource Protection, OZ-RP Overlay Zone, and Stream Protection OZ-SL-75 Overlay Zone— Residential Suburban Zone (R-S).
(2)
Special exception uses.
(a)
Accessory buildings, structures, and uses.*
(b)
Agriculture.
(c)
Home occupation, major.
(d)
Home occupation, minor.
(e)
Public utility facility.
(f)
Dwelling, single-family.*
(g)
Energy storage system, residential.*
(h)
Solar energy system, ground-mounted, for residential use or home occupation use only.*
*If in the Stream Protection Overlay Zone, a variance for the required 75-foot setback is required from the Board of Appeals prior to Planning Board review. |
§ 16.4.12 Residential - Kittery Point Village (R-KPV).
[Amended 4-11-2022; 10-24-2022; 11-27-2023; 5-13-2024; 12-9-2024]
A.
Purpose. The purpose of the Residential — Kittery Point Village R-KPV Zone is to preserve the established character and development pattern of the Kittery Point neighborhood while assuring that any new development is consistent with this historical development pattern and is environmentally suitable. To this end, the following apply:
B.
Permitted uses. The following uses are permitted in the R-KPV Zone:
(1)
Accessory dwelling units.
(2)
Conservation subdivision.
(3)
Dwelling, multifamily (not more than four units per building).
(4)
Dwelling, single-family.
(5)
Dwelling, multifamily 2-4 limited.
(6)
Accessory buildings, structures, and uses.
(7)
Home occupations, minor.
(8)
Day-care facility.
(9)
Nursery school (must not occupy more than 5,000 square feet of floor area).
(10)
Private assembly (must not occupy more than 5,000 square feet of floor area).
(11)
Public facility (must not occupy more than 5,000 square feet of floor area).
(12)
Public or private school (must not occupy more than 5,000 square feet of floor area).
(13)
Religious use (must not occupy more than 5,000 square feet of floor area).
(14)
Recreation, public open space.
(15)
Agriculture.
(16)
Commercial school (must not occupy more than 5,000 square feet of floor area).
(17)
Energy storage system, residential.
(18)
Solar energy system, building-integrated and roof-mounted.
(19)
Solar energy system, ground-mounted small-scale.
C.
Special exception uses. The following uses are permitted as special exception uses in the R-KPV Zone:
(1)
Rooming house.
(3)
Public utility facility.
(4)
Cemetery.
(5)
Retail sales, convenience (excluding sale of gasoline).
(6)
Home occupation, major.
(7)
The reuse of a designated historic building, in nonresidential use as of the effective date of this provision, as an art studio/gallery, museum, or business and professional office subject to standards for a minor home occupation as set forth in § 16.5.12.
(8)
Major or minor subdivision.
(9)
Solar energy system, ground-mounted medium- and large-scale (under 20,000 square feet).
D.
Standards. The following standards must be met unless modified per Chapter 16.10, Conservation Subdivision:
(2)
Dimensional standards.
(a)
Minimum net residential acreage per dwelling unit: 40,000 square feet except to exempt properties which are unable to meet the square feet required for a single-family dwelling unit, provided the lot was conforming prior to October 25, 2012. See Chapters 16.1.8.C for nonconformance.
(b)
Minimum lot size: 40,000 square feet.
(c)
Minimum street frontage: 150 feet unless reduced in accordance with Note A.
Note A: |
The required minimum street frontage for a new lot may be less than 150 feet if the established pattern of street frontage in the immediate area of the lot as determined below is less than 150 feet per lot. |
The required minimum street frontage in this case is the average of the street frontage of existing developed residential lots that are located on the same street and within 500 feet of the parcel, but in no case less than 100 feet. |
(d)
Minimum front yard: 40 feet.
(e)
Maximum building coverage: 20%.
(f)
Minimum rear and side yards: 15 feet. (Note: Buildings higher than 40 actual feet must have side and rear yards not less than 50% of the building height.)
(g)
Maximum building height: 35 feet. (Note: Minimum distance between principal buildings on the same lot is the height equivalent to the taller building.)
(h)
Minimum water body setback for functionally water-dependent uses: zero feet.
(i)
Minimum setback from streams, water bodies and wetlands: in accordance with Table 16.5.30, § 16.4.28 and Appendix A, Fee Schedules. Subdivision types and standards.
(3)
(4)
Affordable housing requirements:
E.
Shoreland Overlay Zone OZ-SL — Residential — Kittery Point Village (R-KPV).
(1)
(2)
Special exception uses.
(a)
Home occupation, major.
(b)
Home occupation, minor.
(c)
Public utility facility.
(d)
Commercial school (must not occupy more than 5,000 square feet of floor area).
(e)
Public or private school (must not occupy more than 5,000 square feet of floor area).
(f)
Nursery school (must not occupy more than 5,000 square feet of floor area).
(g)
Public facility (must not occupy more than 5,000 square feet of floor area).
(h)
Religious use (must not occupy more than 5,000 square feet of floor area).
(i)
Private assembly (must not occupy more than 5,000 square feet of floor area).
(j)
Solar energy and energy storage systems for residential use or home occupation use only, if located less than 100 feet from the normal high-water line of any water bodies, or the upland edge of a freshwater or coastal wetland.
(k)
Dwelling, multifamily two to four (“Limited”).
F.
Resource Protection Overlay Zone OZ-RP and Stream Protection Overlay Zone OZ-SL-75- Residential - Kittery Point Village Zone (R-KPV).
(2)
Special exception uses.
(a)
Accessory buildings, structures, and uses.*
(b)
Agriculture.
(c)
Home occupations, major.
(d)
Home occupations, minor.
(e)
Public utility facility.
(f)
Dwelling, single-family.*
(g)
Solar energy system, ground-mounted, for residential use or home occupation use only.*
(h)
Energy storage system, residential.*
*If in the Stream Protection Overlay Zone, a variance for the required 75-foot setback is required from the Board of Appeals prior to Planning Board review. |
§ 16.4.13 Residential - Urban (R-U).
[Amended 4-11-2022; 10-24-2022; 11-27-2023; 5-13-2024; 12-9-2024]
A.
Purpose. The purpose of the Residential — Urban R-U Zone is to preserve the physical, aesthetic and social quality of Kittery's urban area and, consistent with this goal, to provide therein for the location of a variety of residential uses in accordance with the standards of this title. To this end, the following apply:
B.
Permitted uses. The following uses are permitted in the R-U Zone:
(1)
Accessory dwelling units.
(2)
Conservation subdivision.
(3)
(Reserved)
(4)
Dwelling, manufactured housing.
(5)
Dwelling, multifamily.
(6)
Dwelling, single-family.
(7)
Dwelling, multifamily 2-4 "limited."
(8)
Convalescent care facility.
(9)
Nursing care facility, long-term.
(10)
Accessory buildings, structures, and uses.
(11)
Home occupations, minor.
(12)
Day-care facility.
(13)
Hospital.
(14)
Nursery school.
(15)
Private assembly.
(16)
Public facility.
(17)
Public or private school.
(18)
Religious use.
(19)
Recreation, public open space.
(20)
Commercial school.
(21)
Conference center.
(22)
Energy storage system, residential.
(23)
Solar energy system, building-integrated and roof-mounted.
(24)
Solar energy system, ground-mounted small-scale.
C.
Special exception uses. The following uses are permitted as special exception uses in the R-U Zone:
(1)
Rooming house.
(2)
Business and professional offices.
(3)
Funeral home.
(4)
Art studio or gallery.
(5)
Recreation, public facility.
(6)
Recreation, commercial indoor.
(7)
Recreation, commercial outdoor.
(8)
Public utility facility.
(9)
Inn.
(10)
Home occupations, major.
(11)
Age-restricted housing.
(12)
Major or minor subdivision.
(13)
Solar energy system, ground-mounted medium- and large-scale (under 20,000 square feet).
D.
Standards. The following standards must be met unless modified per Chapter 16.10, Conservation Subdivision:
(2)
Dimensional standards:
(a)
Unit density:
[1]
For developments served by public water and sewer facilities: minimum lot area per dwelling unit, 20,000 square feet unless reduced.
[2]
For developments served by public water and sewer facilities when more than 50% of the dwelling units proposed will be affordable as defined by this code: minimum lot area, 8,000 square feet.
[3]
For developments that are not served by public water and sewer facilities: minimum net residential acreage per dwelling unit, 20,000 square feet.
[4]
For developments that are not served by public water and sewer facilities when more than 50% of the dwelling units proposed will be affordable as defined by this code: minimum net residential acreage per dwelling unit, 20,000 square feet.
(b)
When more than 50% of the dwelling units proposed will be affordable as defined by this code and have public sewer: 8,000 square feet.
(c)
Minimum lot size: 20,000 square feet.
(d)
Minimum street frontage: 100 feet.
(e)
Minimum front yard, all buildings: 30 feet.
(f)
Minimum rear and side yards, all buildings: 15 feet.
(Note: Buildings higher than 40 actual feet must have side and rear yards not less than 50% of building height.)
(g)
Maximum building height: 35 feet.
(Note: Minimum distance between principal buildings on the same lot is the height equivalent to the taller building.)
(h)
Maximum building coverage: 20%.
(i)
Minimum water body setback for functionally water-dependent uses: zero feet.
(3)
Subdivision types and standards.
(a)
Conservation subdivision. In a subdivision, the above standards may be modified in accordance with special provisions of Chapter 16.10, including that there is no minimum lot size, and with the conditions that:
[1]
Minimum principal building separation as required by the Fire Chief, but not less than 15 feet.
(b)
Subdivision development (special exception uses, § 16.4.13C). In a subdivision development, standards in § 16.4.13D(1) and (2) apply and include:
[1]
Minimum percentage of common open space: 15%.
(4)
Age-restricted housing. In the case of age-restricted housing, the above standards may be modified in accordance with the special provisions of § 16.5.15 and with the condition that:
(a)
Public sewerage and water must be provided.
(b)
A minimum lot area of three acres must be provided.
(c)
The maximum density may not exceed four dwelling units per lot area. In no event may the Planning Board authorize a departure which increases the total number of dwelling units greater than that specified under the applicable zoning ordinance.
(d)
A single-bedroom unit may not be less than 550 square feet and a two-bedroom unit not less than 650 square feet.
(6)
Parking. When more than 50% of the dwelling units provided will be affordable as defined by this code: two parking spaces per three dwelling units.
(7)
Affordable housing requirements:
E.
Shoreland Overlay Zone OZ-SL — Residential — Urban Zone (R-U).
(1)
Permitted uses.
(a)
Accessory buildings, structures, and uses.
(b)
Day-care facility.
(d)
Recreation, public open space.
(e)
Solar energy and energy storage systems for residential use or home occupation use only, if located farther than 100 feet from the normal high-water line of any water bodies, or the upland edge of a freshwater and coastal wetland.
(f)
Solar energy system, building-integrated and/or roof-mounted.
(2)
Special exception uses.
(a)
Home occupation, major.
(b)
Home occupation, minor.
(c)
Inn.
(d)
Public utility facility.
(e)
Recreation, commercial indoor.
(f)
Recreation, commercial outdoor.
(g)
Commercial school.
(h)
Public or private school.
(i)
Nursery school.
(j)
Hospital.
(k)
Nursing care facility, long-term.
(l)
Convalescent care facility.
(m)
Public facility.
(n)
Religious use.
(o)
Private assembly.
(p)
Solar energy system, ground-mounted, for residential use or home occupation use only.*
(q)
Energy storage system, residential.*
*If in the Stream Protection Overlay Zone, a variance for the required 75-foot setback is required from the Board of Appeals prior to Planning Board review. |
F.
Resource Protection Overlay Zone OZ-RP and Stream Protection Overlay Zone OZ-SL-75— Residential — Urban Zone (R-U).
(2)
Special exception uses.
(a)
Accessory buildings, structures, and uses.
(b)
Home occupation, major.
(c)
Home occupation, minor.
(d)
Public utility facility.
(e)
Dwelling, single-family.*
(f)
Solar energy system, ground-mounted, for residential use or home occupation use only.*
(g)
Energy storage system, residential.*
*If in the Stream Protection Overlay Zone, a variance for the required 75-foot setback is required from the Board of Appeals prior to Planning Board review. |
§ 16.4.14 Residential - Village (R-V).
A.
Purpose. The purpose of the Residential — Village R-V Zone is to recognize the special nature of the Admiralty Village neighborhood as a densely developed residential zone composed primarily of affordable housing on small lots serviced by sewer and water and to encourage reinvestment in maintaining and upgrading the neighborhood. Consistent with this goal, the zone provides for uses that reinforce the residential character and establish building standards that allow improvements on typical lots to enhance the residential quality of life in the neighborhood. To this end, the following will apply:
B.
Permitted uses. The following uses are permitted in the R-V Zone:
[Amended 4-11-2022; 11-27-2023]
(1)
Accessory dwelling unit.
(2)
Dwelling, multifamily 2-4 "limited."
(3)
Dwelling, manufactured housing.
(4)
Dwelling, single-family.
(5)
(Reserved)
(6)
Accessory buildings, structures, and uses.
(7)
Home occupation, minor.
(8)
Day-care facility (limited to 12 or fewer persons in care, in conformance with the standards for a home occupation, minor. See § 16.5.12).
(9)
Nursery school (limited to 12 or fewer persons in care, in conformance with the standards for a home occupation, minor. See § 16.5.12).
(10)
Public facility.
(11)
Recreation, public facility.
(12)
Recreation, public open space.
(13)
Energy storage system, residential.
(14)
Solar energy system, building-integrated and roof-mounted.
(15)
Solar energy system, ground-mounted small-scale.
C.
Special exception uses. The following uses are permitted as special exception uses in the R-V Zone:
(1)
Public utility facility.
(2)
Home occupations, major.
(3)
Day-care facility (for 13 or more persons in care, in conformance with the standards for a home occupation, major. See § 16.5.12).
(4)
Nursery school (for 13 or more persons in care, in conformance with the standards for a home occupation, major. See § 16.5.12).
(5)
Solar energy system, ground-mounted medium- and large-scale (under 20,000 square feet).
[Added 4-11-2022]
D.
Standards. All development and the use of land in the R-V Zone must meet the following standards. In addition, the design and performance standards of Chapters 16.5, 16.7 and 16.8 must be met. The Design Handbook provides examples of appropriate design for nonresidential and multiunit residential projects.
(1)
The following space standards apply:
(a)
Minimum net residential acreage per dwelling unit: 4,000 square feet.
[Amended 11-27-2023; 5-13-2024]
(b)
Minimum lot size: 6,000 square feet.
(c)
Minimum street frontage: 50 feet.
(d)
Minimum front yard: 15 feet.
(e)
Minimum rear yard, dwellings/structures: 15 feet.
(f)
Minimum side yard, dwellings/structures: 10 feet.
(g)
Minimum rear and side yards for accessory buildings/structures that are accessory to a residential use and located at least four feet behind the predominant rear line of the principal building: three feet.
(h)
Maximum structure coverage: 40%.
(i)
Maximum height of principal dwellings/structures: 35 feet.
(j)
Maximum height of accessory buildings/structures located closer than 10 feet to a lot line: 15 feet.
(k)
Maximum building coverage: 20%.
(l)
Minimum water body setback for functionally water-dependent uses: zero feet.
E.
Shoreland Overlay Zone OZ-SL — Residential — Village Zone (R-V).
(1)
Permitted uses.
(a)
Accessory buildings, structures, and uses.
(c)
Recreation, public facility.
(d)
Recreation, public open space.
(e)
Energy storage system, residential.
[Added 4-11-2022]
(f)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(g)
Solar energy systems, ground-mounted small-scale.
[Added 4-11-2022]
(2)
Special exception uses.
(a)
Day-care facility (for 13 or more persons in care, in conformance with the standards for a major home occupation; see § 16.5.12).
(b)
Nursery school (for 13 or more persons in care, in conformance with the standards for a major home occupation; see § 16.5.12).
(c)
Home occupation, major.
(d)
Home occupation, minor.
(e)
Public utility facility.
(f)
Solar energy system, ground-mounted medium- and large-scale (under 20,000 square feet).
[Added 4-11-2022]
§ 16.4.15 Residential - Rural Conservation (R-RC).
A.
Purpose. The purpose of the Residential - Rural Conservation R-RC Zone is to conserve and protect land areas of the Town which by their location and character require special measures to ensure low-density development. To this end, the following apply:
B.
Permitted use. The following uses are permitted in the R-RC Zone:
(1)
Accessory dwelling units.
(2)
Conservation subdivision.
[Amended 10-24-2022]
(3)
Dwelling, manufactured housing.
(4)
Dwelling, single-family.
(5)
Dwelling, multifamily 2-4 "limited" as follows:
[Added 11-27-2023]
Total Maximum Number of Units Allowed on Lot (Attached or Detached) | ||
|---|---|---|
Number of Existing Units | Public Sewer and Water Available | Public Sewer and Water Not Available |
0 | 4 | 2 |
1 | 3 | 3 |
2 | 2 | 2 |
(6)
Accessory buildings, structures, and uses.
(7)
Home occupations, minor.
(8)
Recreation, public facility.
(9)
Recreation, public open space.
(10)
Agriculture.
(11)
Timber harvesting.
(12)
Energy storage system, residential.
[Added 4-11-2022]
(13)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(14)
Solar energy system, ground-mounted small-scale.
[Added 4-11-2022]
C.
Special exception uses. The following uses are permitted as special exception uses in the R-RC Zone:
(1)
Home occupations, major.
(2)
Day-care facility.
(3)
Private assembly.
(4)
Public facility.
(5)
Public or private school.
(6)
Public utility facility.
(7)
Religious use.
(8)
Recreation, commercial indoor.
(9)
Recreation, commercial outdoor.
(10)
Commercial school.
(11)
Cemetery.
(12)
Major or minor subdivision.
(13)
Solar energy system, ground-mounted medium- and large-scale (under 20,000 square feet).
[Added 4-11-2022]
D.
Standards. The following standards must be met unless modified per Chapter 16.10, Conservation Subdivision:
[Amended 10-24-2022]
(2)
The following dimensional standards apply:
(a)
Minimum net residential acreage per dwelling unit: 80,000 square feet.
[Amended 11-27-2023; 5-13-2024]
(b)
Minimum lot size: 80,000 square feet.
(c)
Minimum street frontage: 200 feet.
(d)
Minimum front yard: 40 feet.
(e)
Maximum building coverage: 6%.
(f)
Minimum rear and side yards: 20 feet.
(Note: Buildings higher than 40 actual feet must have side and rear yards not less than 50% of building height.)
(g)
Maximum building height: 35 feet.
(Note: Minimum distance between principal buildings on the same lot is the height equivalent to the taller building.)
(h)
Minimum water body setback for functionally water-dependent uses: zero feet.
(3)
Subdivision types and standards. Subject to net residential acreage and net residential density per § 16.2.2.
(4)
Affordable housing requirements:
[Added 10-24-2022]
E.
Shoreland Overlay Zone — Residential Conservation Zone (R-RC).
(1)
Permitted uses.
(a)
Accessory buildings, structures, and uses.
(b)
Agriculture.
(d)
Recreation, public facility.
(e)
Recreation, public open space.
(f)
Timber harvesting.
(g)
Energy storage system, residential.
[Added 4-11-2022]
(h)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(i)
Solar energy system, ground-mounted small-scale.
[Added 4-11-2022]
(2)
Special exception uses.
(a)
Day-care facility.
(b)
Home occupation, major.
(c)
Home occupation, minor.
(d)
Recreation, selected commercial.
(e)
Public utility facility.
(f)
Commercial school.
(g)
Public or private school.
(h)
Public facility.
(i)
Religious use.
(j)
Private assembly.
(k)
Solar energy system, ground-mounted medium- and large-scale (under 20,000 square feet).
[Added 4-11-2022]
F.
Resource Protection Overlay Zone OZ-RP — Residential — Rural Conservation Zone (R-RC).
(2)
Special exception uses.
(a)
Accessory buildings, structures, and uses.
(b)
Agriculture.
(c)
Home occupations, major.
(d)
Home occupations, minor.
(e)
Recreation, commercial indoor.
(f)
Recreation, commercial outdoor (exclusive of golf courses).
(g)
Public utility facility.
(h)
Dwelling, single-family.
(i)
Solar energy system, ground-mounted small-, medium- and large-scale (under 20,000 square feet).
[Added 4-11-2022]
§ 16.4.16 Conservation (CON).
A.
Purpose. The purposes of the Conservation Zone are to preserve and protect natural environmental areas, conservation lands, park and other areas, including but not limited to the Rachel Carson Wildlife Preserve, Town Farm Forest, state and local parklands, and land with conservation easements that prohibit development in perpetuity; further the maintenance of safe and healthful conditions; prevent and control potential water pollution sources; protect spawning grounds, fish, aquatic life, bird and other wildlife habitat; and conserve shore cover, visual as well as actual point of access to inland and coastal waters and natural beauty.
B.
Permitted uses. The following uses are permitted in the CON Zone:
(1)
Accessory buildings, structures, and uses.
(2)
Open space, reserved.
(3)
Recreation, public facility.
(4)
Recreation, public open space.
(5)
Existing land conservation uses.
(6)
Energy storage system, residential.
[Added 4-11-2022]
(7)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(8)
Solar energy system, ground-mounted small-scale.
[Added 4-11-2022]
D.
Standards.
(2)
Dimensional standards:
(a)
Minimum land area per dwelling unit: not applicable.
(b)
Minimum lot size: none.
(c)
Minimum street frontage: none.
(d)
Minimum front yard: 40 feet.
(e)
Maximum building coverage: 6%.
(f)
Minimum rear and side yards: 20 feet. (Note: If by variance or existing conditions a building is higher than 40 actual feet, it must have side and rear yards not less than 50% of building height.)
(g)
Maximum building height: 35 feet. (Note: Minimum distance between principal buildings on the same lot is the height equivalent to the taller building.)
(h)
Minimum water body setback for functionally water-dependent uses: zero feet.
E.
Shoreland Overlay Zone OZ-SL — Conservation (CON).
(1)
Permitted uses.
(a)
Open space, reserved.
(b)
Recreation, public facility.
(c)
Recreation, public open space.
(d)
Accessory buildings, structures, and uses.
(e)
Existing land conservation uses.
(f)
Energy storage system, residential.
[Added 4-11-2022]
(g)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(h)
Solar energy system, ground-mounted small-scale.
[Added 4-11-2022]
§ 16.4.17 Business - Local Zone (B-L).
[Amended 4-11-2022; 9-12-2022; 11-27-2023; 11-27-2023; 5-13-2024; 12-9-2024]
A.
Purpose. The purpose of the Business - Local (B-L) Zone is to provide local retail services, and business space as well as a variety of housing types within a walkable context. Much of this zone serves a well-traveled corridor through Kittery with many buildings, including residential structures, oriented to Route 1. Other portions of the zone serve as business hubs for the neighborhoods they are situated in.
B.
Permitted uses. The following uses are permitted in the B-L Zone:
(1)
Accessory dwelling unit.
(2)
Dwelling, multifamily 2-4.
(3)
Dwelling, manufactured housing.
(5)
Dwelling, single-family.
(6)
(Reserved)
(7)
Dwelling units as part of a mixed-use building.
(8)
Convalescent care facility.
(9)
Nursing care facility, long-term.
(10)
Residential care facility.
(11)
Accessory buildings, structures, and uses.
(12)
Home occupation, major.
(13)
Home occupation, minor.
(14)
Day-care facility.
(15)
Hospital.
(16)
Nursery school.
(17)
Private assembly.
(18)
Public facility.
(19)
Public or private school.
(20)
Religious use.
(21)
Recreation, public open space.
(22)
Aquaculture.
(23)
Commercial fisheries/maritime activities (provided only incidental cleaning and cooking of seafood occur at the site).
(24)
Commercial school.
(25)
Art studio or gallery.
(26)
Business and professional offices.
(27)
Business service.
(28)
Conference center.
(29)
Personal service.
(30)
Restaurant.
(31)
Retail sales (excluding those of which the principal activity entails outdoor sales and/or storage and excluding those specifically mentioned under Subsection C of this section).
(32)
Retail sales, building materials and garden supply (excluding those of which the principal activity entails outdoor sales and/or storage).
(33)
Retail sales, convenience.
(34)
Specialty food and/or beverage facility.
(35)
Mass transit station.
(36)
Parking area.
(37)
Energy storage system, commercial.
(38)
Energy storage system, residential.
(39)
Solar energy system, building-integrated and roof-mounted.
(40)
Solar energy system, ground-mounted small-, medium- and large-scale (under 20,000 square feet).
C.
Special exception uses. The following uses are permitted as special exception uses in the B-L Zone:
D.
Standards. All development and the use of land in the B-L Zone must meet the following standards. Kittery's Design Handbook illustrates how these standards can be met. In addition, the design and performance standards of Chapters 16.5, 16.7 and 16.8 must be met.
(1)
The following space and dimensional standards apply:
(a)
Minimum lot area per dwelling unit:
[1]
If served by on-site sewage disposal: minimum net residential acreage per dwelling unit, 20,000 square feet;
[2]
If served by the public sewerage system and:
[a]
When no frontage on State Road or Route 1 Bypass exists: minimum lot area per dwelling unit, 3,000 square feet;
[b]
When less than five dwelling units are proposed at minimum, one nonresidential use must be located on the first floor facing State Road or Route one Bypass such that the use will be visible from the street: minimum lot area per dwelling unit, 3,000 square feet. Such a nonresidential use or uses need not occupy the entire first floor but must be an independent nonresidential use, e.g., not a home office marketed with a dwelling unit as a work/live unit;
[c]
When five or more dwelling units are proposed at minimum, one nonresidential use must be located on the first floor facing State Road or Route one Bypass such that the use will be visible from the street: minimum lot area per dwelling unit, 2,500 square feet. Such a nonresidential use or uses need not occupy the entire first floor but must be an independent nonresidential use, e.g., not a home office marketed with a dwelling unit as a work/live unit; or
[d]
25% or more of the dwelling units will be affordable housing units as defined by this code: minimum lot area per dwelling unit, 1,000 square feet.
Note: Except as otherwise required by the buffer provisions of this title.
(b)
Parking. Parking requirements are to be met on site. If meeting the parking requirements is not possible, the parking demand may be satisfied off site or through joint-use agreements as specified herein. Notwithstanding the off-street parking requirements in § 16.7.11F(4), minimum parking requirements for the uses below are modified as specified:
[1]
Dwelling units: 1.5 parking spaces per dwelling unit; unless:
[a]
Affordable housing as defined by this code is proposed, in which case the parking requirements may be reduced to one parking space per dwelling unit at the Planning Board's discretion; and/or
[b]
Some or all of the proposed dwelling units are one-bedroom or studio-type units, in which case parking requirements for these types of units may be reduced to one parking space for each unit so described.
[c]
More than 50% of the dwelling units proposed will be affordable as defined by this code, in which case parking is reduced to two spaces per three dwelling units.
[2]
For multifamily dwellings, if more than 10 parking spaces are required, up to 20% of the parking may be designated for compact cars. See § 16.7.11F(4), Off-street parking standards.
[3]
Electric car charging stations are allowed and encouraged in parking lots but must not interfere with pedestrian movement on sidewalks.
(c)
Off-site parking. Required off-street parking may be satisfied at off-site locations, provided such parking is on other property owned by the applicant or is under the terms of a contractual agreement that will ensure such parking remains available for the uses served. Applicant must present evidence of a parking location and a contractual agreement prior to final approval and file the same with Planning and Code Office each time the contract is renewed. Any changes to the contractual agreement must be reviewed by the Code Enforcement Officer and if the location of the off-site parking changes will require approval from the municipal permitting authority which originally approved the off-site parking.
(d)
Joint-use parking. Required off-street parking may also be satisfied by the joint use of parking space by two or more uses if the applicant can show that parking demand is nonconflicting and will reasonably provide adequate parking for the multiple uses without parking overflowing into undesignated areas. Nonconflicting periods may consist of daytime as opposed to evening hours of operation or weekday as opposed to weekends or seasonal variation in parking demand.
[1]
Such joint parking areas must be held under ownership of the applicant or under terms of a contractual agreement that ensures such parking remains available to all users of the shared parking spaces. Applicant must present evidence of the parking location and a contractual agreement prior to final approval and file the same with the Planning and Code Office each time the contract is renewed. Any changes to the contractual agreement must be reviewed by the Code Enforcement Officer and if the location of the joint parking area changes will require approval from the municipal permitting authority which originally approved the off-site parking;
[2]
Determination of parking adequacy will be based on a most-frequent basis, not a "worst case" scenario;
[3]
Joint use parking areas must be located within 1,500 feet of the use served, but do not need to be located on the same lot as the uses served;
[4]
Ease and safety of pedestrian access to shared parking by the users served must be demonstrated, including any proposed improvements or shuttle service that may be offered and its requisite loading/unloading areas;
[5]
Such joint parking areas must not be located in residential zones of the Town.
(e)
In making determinations on off-site or joint-use parking under a development plan review, the municipal permitting authority with jurisdiction to review and approve will make a final determination of the joint-use and/or off-site spaces that constitute an acceptable combination of spaces to meet the required parking demand.
(f)
Special parking and access situations. In instances where one row of parking spaces and/or a related access drive is located between the front property line and the front wall of the building extending the full width of the lot and was utilized in accordance with previous permits or approvals, for parking, display, storage, building or necessary vehicle circulation, the Planning Board may allow such improvements to remain, provided all other parking meets the location requirements and provided that a landscaping plan for the property frontage is reviewed and approved by the Planning Board.
(g)
Minimum lot size: none.
Note: Except that all screening, open space, buffering and landscaping requirements must be met, or in instances where the Planning Board may modify such requirements, such modifications must be found satisfactory by the Board.
(h)
Minimum street frontage: none.
Note: All lots must meet the requirements of § 16.5.13, Lots, unless specifically modified by this section (§ 16.4.17). Street frontage must provide sufficient vehicular and pedestrian access for the uses proposed while meeting public health and safety requirements (e.g., Fire Department, Department of Public Works). The applicant must demonstrate to the municipal permitting authority that the street frontage and lot design meet these requirements to the extent practicable.
(i)
Maximum front setback: 20 feet.
[1]
Note: Except when a multistory building comprising 1) three or more residential dwelling units; 2) nonresidential uses; or 3) a combination of residential and nonresidential uses is proposed directly across the street from a residential district or single-family use; in which case a minimum of 15 feet is required.
[2]
Note: The Planning Board may, at its discretion, allow a greater setback when public amenities such as pocket parks, outdoor dining or seating areas are proposed within the front setback. Pocket parks must be at least 200 square feet, with a minimum of three trees and a bench for sitting required. Park must be vegetated with ground cover, except for walkways. Outdoor dining areas must meet any additional requirements specific to that use. Parking is prohibited in the front setback except as allowed in Subsection D(1)(f)[1] above.
(j)
Minimum rear and side setbacks: 10 feet.
Note: Except as otherwise required by the buffer provisions of this title, and except where the side and/or rear setbacks abut a residential district or single-family use, in which case a minimum of 15 feet or 50% of the building height is required, whichever is greater.
(k)
Maximum building height: 40 feet. Solar apparatus is excluded from height determinations.
Note: Except that height standards for single- and two-family residential uses are the same as for those of the Urban Residential District.
(l)
Impervious surface: No maximum allowable, but all open space, landscaping, setbacks, buffers, screening and street tree requirements apply. For development that is proposing 70% or more impervious surface, the stormwater requirements in Subsection D(1)(m) below may not be modified.
(m)
Stormwater: All new development must use LID (low-impact development) and BMP (best management practices), based on Maine DEP's Maine Stormwater Best Management Practices Manual Volumes I through III, as amended from time to time, to manage 100% of the total stormwater generated on-site. The stormwater report and plan demonstrating that this requirement is met must be included with the application at the time of submission. A request for a modification may be submitted to the Planning Board, but it is incumbent on the applicant to prove to the Planning Board's satisfaction that such a modification is necessary. The Town reserves the right to submit such modification requests for independent engineering review at the applicant's expense. The Board may also require additional landscaping/plantings and/or LID design features when granting such concessions.
(o)
Minimum setback from functionally water-dependent uses: zero feet.
(2)
Parking design.
(a)
Parking must be located to the side or rear of the building. If all parking cannot be located to the rear or side, the Planning Board may allow limited parking in front of the building, but it is incumbent upon the applicant to demonstrate why such a modification request should be granted. In granting this concession, the Board may require more intensive landscape plantings and/or LID design features.
(b)
Shared access between buildings and/or lots must be provided where feasible. Feasibility criteria include:
(c)
Screening through the use of plantings and/or fencing is required for all new or revised parking abutting public streets and/or single-family uses or residential zones. Such screening does not require that the parking lot and vehicles within it be completely obscured from view; rather, the screening must provide visual interest and distraction from the parking area beyond, as well as buffer vehicle headlight trespass.
[1]
A landscape plan showing screening and other landscaping requirements prepared by a registered landscape architect is a submission requirement. However, a landscape plan done by other design professionals may be allowed at the Planning Board's discretion.
[2]
Any required plantings that do not survive must be replaced within one year. This requirement does not expire and runs with the land.
[3]
Surface parking lots designed for five or more cars that will service multifamily or mixed-use buildings with dwelling units and which abut a street, single-family use or residential zone must provide screening in one of the following ways:
[a]
Any combination of trees, shrubs, tall ornamental grasses or perennial plants in a planting bed at least eight feet wide. Climate-change-tolerant Northeastern native plants are preferred. Plantings must be sufficient, as determined by the Planning Board, to screen the parking area from the street, except for necessary vehicular and pedestrian access. Planting beds may be mulched, but no dyed mulching material may be used. Drip irrigation is recommended.
[b]
One tree per 25 feet of street frontage within a planting bed at least eight feet wide which will include other plantings such as perennials. Plantings must be sufficient to screen the parking area from the street, except for necessary vehicular and pedestrian access. To ensure survival, trees must be planted using silva cells, bioretention cells or tree wells. Trees must be at least 2.5-inch caliper and 12 feet high at the time of planting. Existing large healthy trees must be preserved if practical and will count towards this requirement. Trees proposed within the public right-of-way must remain under 20 feet tall at maturity. Trees native to the Northeast, selected for climate change tolerance, are preferred and must be drought and salt tolerant when used along streets. A diversity of tree species (three to five species per every 12 trees) is required to provide greater resiliency to threats from introduced insect pests and diseases. Planting beds may be mulched, but no dyed mulching material may be used. Drip irrigation is recommended for plantings proposed to accompany the trees.
[c]
Fencing, no taller than six feet, of a type that screens rather than blocks a view and made of a material compatible with surrounding buildings. Chain-link fences are not allowed unless they have a PVC color coating to blend in with surroundings. Stockade fences may only be allowed to buffer a parking lot along the lot line that abuts a single-family use or residential zone. A planting bed at least six feet wide, including the fence, is required, with a combination of trees, shrubs and perennials located on the proposed development's side of the fence. Planting beds may be mulched, but no dyed mulching material may be used. Drip irrigation is recommended.
(d)
A minimum of 10% of any surface parking area consisting of 10 or more spaces must be landscaped with trees and vegetated islands. This requirement is in addition to other required landscaping and street tree requirements.
(3)
Building design standards. Kittery's characteristic buildings reflect its historic seacoast past. The primary architectural styles are New England Colonial (such as Cape Cod and saltbox), Georgian, Federal and Classical Revival. New buildings must be compatible with Kittery's characteristic styles in form, scale, material and color. In general, buildings should be oriented with the front of the building facing the street on which the building is located. The front or street facade must be designed as the front of the building. The front elevation must contain one or more of the following elements: 1) a front door, although other provisions for access to the building may be provided; 2) windows; or 3) display cases. (See Design Handbook for examples of acceptable materials and designs.) Strict imitation is not required. Design techniques can be used to maintain compatibility with characteristic styles and still leave enough flexibility for architectural variety. To achieve this purpose, the following design standards apply to new and modified existing building projects:
(a)
Exterior building materials and details. Building materials and details strongly define a project's architectural style and overall character. (See Design Handbook for examples of acceptable materials, building scale and designs.) "One-sided" schemes are prohibited; similar materials and details must be used on all sides of a building to achieve continuity and completeness of design. Predominant exterior building materials must be of good quality and characteristic of Kittery, such as horizontal wood board siding, vertical wood boards, wood shakes, brick, stone or simulated stone, glass and vinyl, or metal clapboard.
(b)
Roofs. A building's prominent roofs must be pitched a minimum of 4:12 unless demonstrated to the Planning Board's satisfaction that this is not practicable. Acceptable roof styles are gabled, gambrel, and hipped roofs. Flat roofs, shed roofs and roof facades (such as "stuck on" mansards) are not acceptable as prominent roof forms except as provided above. Roof colors must be muted. (See Design Handbook for examples.) The roof design must screen or camouflage rooftop protrusions to minimize the visual impact of air-conditioning units, air-handler units, exhaust vents, transformer boxes, and the like. (See Design Handbook for examples of appropriate treatments.)
(c)
Loading docks and overhead doors. Loading docks and overhead doors must be located on the side or rear of the building and screened from view from adjacent properties in residential use.
(d)
Lighting plans, including outdoor lighting fixture designs and photometric plans, must be included at the time of application submission. All lighting fixtures must be cutoff (dark sky compliant).
(4)
Landscaping and site design standards. A landscape plan prepared by a registered landscape architect is a submission requirement. However, a landscape plan done by other design professionals may be allowed at the Planning Board's discretion. To achieve attractive and environmentally sound site design, in addition to the landscaping standards contained in Chapter 16.5, the following landscaping requirements apply to new and modified existing developments:
(a)
Landscape planter strip. A vegetated landscape planter strip must be provided a minimum of 15 feet in depth adjacent to the right-of-way of all public roads or the sidewalk if it already exists. If a sidewalk does not yet exist on-site but sidewalks do exist on adjacent properties, the planting strip must be located so that it does not interfere with connectivity to existing sidewalks. Planting strips which demonstrate LID functionality to assist in stormwater capture are preferred. The Planning Board may reduce the required width of the landscape planting strip is provided in front of the parcel and the area between the front property line and the front wall of the building will be designed and used as a pedestrian space, outdoor dining as defined by this title, or a seating area. The landscape planting strip must include the following landscape elements:
[1]
Plantings. The entire landscape planting strip must be vegetated with a combination of shrubs, perennials, and ornamental grasses, except for approved driveways, walkways, bikeways and screened utility equipment. Climate-change-tolerant Northeastern native plants are preferred. Planting beds may be mulched, but no dyed mulching material may be used. Street trees required below may be included in this planting strip. Drip irrigation is recommended.
[2]
Street-side trees. A minimum of one tree must be planted for each 25 feet of street frontage. The trees may be spaced along the frontage or grouped or clustered to enhance the visual quality of the site. (See Design Handbook for examples.) The trees must be a minimum 2.5-inch caliper and be at least 12 feet high at the time of planting. Trees must be planted to ensure survival, using silva cells, bioretention cells or tree wells. A list of street-side trees can be found in the Design Handbook. Trees native to the Northeast, selected for climate change tolerance, are preferred and must be drought and salt tolerant when used along streets. A diversity of tree species (three to five species per every 12 trees) is required to provide greater resiliency to threats from introduced insect pests and diseases. Existing large healthy trees must be preserved if practical and will count toward this requirement. Trees located within the public right-of-way must not exceed 20 feet in height at maturity.
[3]
Any required plantings that do not survive must be replaced within one year. This requirement does not expire and runs with the land.
(b)
Special situations.
[1]
Expansions of less than 1,000 square feet to existing uses, including single-family or two-family dwellings, are exempt from the landscaping standard of this subsection.
[2]
Width of landscape planter strip. In instances where the required minimum width of the landscape planter strip is legally utilized in accordance with previous permits or approvals, for parking, display, storage, building or necessary vehicle circulation, the width may be narrowed by the Planning Board to the minimum extent necessary to achieve the objective of the proposed project, provided that shrubs and perennials are planted along the street frontage to soften the appearance of the development from the public street.
[3]
Additions and changes in use. For additions to existing buildings and changes of residential structures to a nonresidential use, one street-side tree (see list of street trees in Design Handbook) is required to be planted for every 1,000 square feet of additional gross floor area added or converted to nonresidential use. In instances where parking, display area, storage, building or necessary vehicle circulation exists, the required trees may be clustered and/or relocated away from the road as is necessary to be practicable. The preservation of existing large trees is encouraged; therefore, the Planning Board may permit the preservation of existing healthy, large, mature trees within the landscape planting strip or other landscaping areas of the site to be substituted for the planting of new trees.
(c)
Outdoor service and storage areas. Service and storage areas must be located to the side or rear of the building. All service areas for dumpsters, compressors, generators and similar items must be screened by a fence at least six feet tall, constructed of a material similar to surrounding buildings, and must surround the service area, except for the necessary ingress/egress.
(d)
Traffic and circulation standards. Sidewalks and roadways must be provided to internally join abutting properties that are determined by the Planning Board using the criteria in Subsection D(2)(b). In addition, safe pedestrian route(s) must be provided to allow pedestrians to move within the site and between the principal customer entrance and the front lot line where a sidewalk exists or will be provided or where the Planning Board determines that such a route is needed for adequate pedestrian safety and movement. (See Design Handbook for appropriate examples.)
(e)
Open space standards. A minimum of 15% of the total area of a lot must be provided as open space, including freshwater wetlands, water bodies, streams and setbacks. The open space must be located to create an attractive environment on the site, minimize environmental impacts, protect significant natural features or resources on the site and maintain wildlife habitat. Individual large, healthy trees and areas with mature tree cover should be included in the open space. Where possible, the open space must be located to allow the creation of continuous open space networks in conjunction with existing or potential open space on adjacent properties. The required amount of designated open space is reduced to 10% of each lot that is less than 40,000 square feet in size.
[1]
In cases where creating or preserving open space to meet the 15% requirement above is not practicable, the Planning Board may allow the required landscaping in Subsection D4(a) above to count towards meeting the open space requirement, provided the proposed landscaped planting strip is expanded beyond the required width and the Planning Board finds that all criteria for open space above have been met to the greatest extent possible.
(5)
Cottage cluster requirements.
(a)
Cottage cluster dwelling units must either face the required common open space or the street. The required open space must be held in common for use by all the cottage cluster residents and must be immediately accessible to each dwelling unit, via either the front or the back of each unit.
(b)
Each cottage cluster dwelling unit must be no greater than 1,200 square feet. Spacing between units must comply with the requirements of the Fire Department and/or the State Fire Marshall's office.
(c)
Shared parking areas must be connected to each dwelling unit via a sidewalk.
(6)
Affordable housing requirements.
E.
Shoreland Overlay Zone OZ-SL — Business — Local Zone (B-L).
(1)
Permitted uses.
(a)
Accessory buildings, structures, and uses.
(c)
Recreation, public open space.
(d)
Solar energy or energy storage system, for residential use or home occupation use only if located farther than 100 feet from the normal high-water line of any water bodies, or the upland edge of a freshwater or coastal wetland.
(e)
Solar energy system, building-integrated and roof-mounted.
(2)
Special exception uses.
(a)
Art studio or gallery.
(b)
Retail sales, building materials and garden supply (excluding those of which the principal activity entails outdoor sales and/or storage).
(c)
Business services.
(d)
Business and professional offices.
(e)
Commercial fisheries/maritime activities (provided only incidental cleaning and cooking of seafood occur at the site).
(f)
Parking area.
(g)
Conference center.
(h)
Retail sales, convenience.
(i)
Home occupation, major.
(j)
Home occupation, minor.
(k)
Mass transit station.
(l)
Motel.
(m)
Hotel.
(n)
Inn.
(o)
Rooming house.
(p)
Personal services.
(q)
Public assembly area.
(r)
Theater.
(s)
Public utility facility.
(t)
Restaurant.
(u)
Retail sales, but (excluding those of which the principal activity entails outdoor sales and/or storage).
(v)
Commercial school.
(w)
Public or private school.
(x)
Nursery school.
(y)
Day-care facility.
(z)
Elder care facility.
(aa)
Hospital.
(bb)
Nursing care facility, long-term.
(cc)
Convalescent care facility.
(dd)
Public facility.
(ee)
Religious use.
(ff)
Private assembly.
(gg)
Specialty food and/or beverage facility.
(hh)
Dwelling, multifamily, if located 100 feet or farther from the normal high-water line of any water bodies, or the upland edge of a freshwater or coastal wetland.
(ii)
Dwelling, multifamily two to four (“Limited”), if located 100 feet or farther from the normal high-water line of any water bodies or the upland edge of a freshwater or coastal wetland.
F.
Resource Protection Overlay Zone OZ-RP and Stream Protection Overlay OZ-SL-75 — Business — Local (B-L).
(2)
Special exception uses.
(a)
Accessory uses and buildings.
(b)
Aquaculture.
(c)
Home occupations, major.
(d)
Home occupations, minor.
(e)
Public utility facilities.
(f)
Dwelling, single-family.*
(g)
Solar energy system, ground-mounted, for residential use or home occupation use only.*
*If in the Stream Protection Overlay Zone, a variance for the required 75-foot setback is required from the Board of Appeals prior to Planning Board review. |
§ 16.4.18 Business - Local 1 (B-L1).
A.
Purpose. The purpose of the Business - Local 1 B-L1 Zone is to encourage a compact village design pattern that will serve as a focal point for the provision of local sales, urban residences, services and business space. The goal of this section is to create an attractive, functional and vibrant pedestrian-scaled neighborhood supporting a mix of commercial and residential uses.
[Amended 4-11-2022; 9-12-2022; 11-27-2023]
B.
Permitted uses. The following uses are permitted in the B-L1 Zone:
(1)
Accessory dwelling unit.
(2)
Dwelling, multifamily, 2-4 "limited."
(3)
Dwelling, manufactured housing.
(5)
Dwelling, single-family.
(6)
(Reserved)
(7)
Dwelling units as part of a mixed-use building.
(8)
Convalescent care facility.
(9)
Nursing care facility, long-term.
(10)
Residential care facility.
(11)
Accessory buildings, structures, and uses.
(12)
Home occupation, major.
(13)
Home occupation, minor.
(14)
Inn.
(15)
Day-care facility.
(16)
Hospital.
(17)
Nursery school.
(18)
Private assembly.
(19)
Public facility.
(20)
Public or private school.
(21)
Religious use.
(22)
Recreation, public open space.
(23)
Commercial school.
(24)
Art studio or gallery.
(25)
Business and professional offices.
(26)
Business services.
(27)
Conference center.
(28)
Personal services.
(29)
Restaurant.
(30)
Retail sales (excluding those of which the principal activity entails outdoor sales and/or storage and excluding those specifically mentioned under Subsection C of this section).
(31)
Retail sales, building materials and garden supply (excluding those of which the principal activity entails outdoor sales and/or storage).
(32)
Retail sales, convenience.
(33)
Specialty food and/or beverage facility.
(34)
Mass transit station.
(35)
Parking area.
(36)
Energy storage system, commercial.
(37)
Energy storage system, residential.
(38)
Solar energy system, building-integrated and roof-mounted.
(39)
Solar energy system, ground-mounted small-, medium- and large-scale (under 20,000 square feet).
C.
Special exception uses. The following uses are permitted as special exception uses in the B-L1 Zone:
D.
Standards. All development and the use of land in the B-L1 Zone must meet the following standards. Kittery's Design Handbook illustrates how these standards can be met. In addition, the design and performance standards of Chapter 16.5 must be met.
[Amended 9-12-2022]
(1)
The following space and dimensional standards apply:
(a)
Minimum lot area per dwelling unit:
[Amended 11-27-2023; 5-13-2024]
[1]
When no frontage on State Road or Shapleigh Road: 2,500 square feet.
[2]
When less than five dwelling units are proposed, at minimum, one nonresidential use must be located on the first floor facing State Road or Shapleigh Road such that the use will be visible from the street: 2,500 square feet. Such a nonresidential use or uses need not occupy the entire first floor but must be an independent nonresidential use, e.g., not a home office marketed with a dwelling unit as a work/live unit.
[3]
When five or more dwelling units are proposed, at minimum, one nonresidential use must be located on the first floor facing State Road or Shapleigh Road such that the use will be visible from the street: 2,000 square feet. Such a nonresidential use or uses need not occupy the entire first floor but must be an independent nonresidential use, e.g., not a home office marketed with a dwelling unit as a work/live unit.
[4]
When 25% or more of the dwelling units will be affordable housing units as defined by this code, the minimum lot area per dwelling unit is 1,500 square feet.
[5]
When 50% or more of the dwelling units will be affordable housing units as defined by this code, the minimum lot area per dwelling unit is 1,000 square feet.
(b)
Minimum lot size: none.
(Note: Except that all screening, open space, buffering and landscaping requirements must be met; or in instances where the Planning Board may approve modifications to such requirements, such modifications must be found satisfactory by the Board.
(c)
Minimum street frontage per lot: 50 feet.
(d)
Maximum front setback: 20 feet.
(Note: This area must be designed to promote a pedestrian public space, which includes, but is not limited to, landscaping, sidewalks and sitting areas. The Planning Board may, at its discretion, allow a greater setback when public amenities such as pocket parks, outdoor dining or seating areas are proposed within the front setback. Pocket parks must be at least 200 square feet with a minimum of three trees and a bench for sitting required. Park must be vegetated with ground cover, except for walkways. Outdoor dining areas must meet any additional requirements specific to that use. Outdoor storage is prohibited anywhere in the front yard of the structure, except for seasonal sales items. Parking is also prohibited in the front setback, except as allowed in Subsection D(2)(e) below.
(e)
Minimum rear and side setbacks: 10 feet.
(Note: Except as otherwise required by the buffer provisions of this title, and except where the side and/or rear setbacks abut a residential zone or single-family use; in which case a minimum of 15 feet or 50% of the building height, whichever is greater, is required.)
(f)
Maximum building height: 40 feet. Solar apparatus is excluded from height determinations.
(g)
The maximum impervious surface is:
[1]
Seventy percent; or
[2]
The Planning Board may, at its discretion, allow greater than 70% if:
[i]
Additional landscaped or natural areas are proposed or preserved and such areas are integrated into the site design in an environmentally conscious way utilizing LID to provide stormwater filtration and/or water quality improvements. Such areas must exceed the requirement that 15% of the lot be landscaped or natural. See Subsection D(4), Landscaping/Site improvements. When granting such a concession, the Board must find that the proposed additional landscaping and/or natural areas and the site design provide enough benefit to outweigh the impact of greater impervious surface; or
(h)
Stormwater. All new development must use LID (low-impact development) and BMP (best management practices), based on Maine DEP's Maine Stormwater Best Management Practices Manual Volumes I through III, as amended from time to time, to manage 100% of the total stormwater generated on-site. The stormwater report and plan demonstrating that this requirement is met must be included with the application at the time of submission. A request for a modification may be submitted to the Planning Board, but it is incumbent on the applicant to prove to the Planning Board's satisfaction that such a modification is necessary. The Town reserves the right to submit such modification requests for independent engineering review at the applicant's expense. The Board may also require additional landscaping/plannings and/or LID features when granting such concessions.
(i)
Minimum area dedicated to landscaped or natural areas: 15%.
[1]
For the purposes of this zone, a natural area is an area that is not regularly mowed, and contains trees and/or shrubs which may not have been deliberately planted. Invasive plants, as defined by the State of Maine, must be removed.
[2]
For multifamily dwelling, mixed-use buildings with dwelling units and attached single-family dwellings, in cases where the property cannot meet the 15% requirement due to existing development (including parking areas), and where redevelopment will remain at the same or a lower percentage of the lot, the Planning Board may, at its discretion, allow a smaller percentage of landscaped and/or natural area. In granting this concession, the Board may require more intensive landscape plantings and/or LID-designed features.
(j)
Hours of operation must be noted on the final site plan and are determined by the Planning Board on a case-by-case basis. All lighting other than designated security lighting must be extinguished outside of noted hours of operation.
(k)
Minimum setback for functionally water-dependent uses: zero feet.
(2)
Parking. Parking requirements are to be met on-site. If meeting the parking requirements is not possible, the parking demand may be satisfied off-site or through joint-use agreements as specified in § 16.4.17D(1)(c) through (e) under the B-L Zone. Notwithstanding the off-street parking requirements in § 16.7.11F(4), minimum parking requirements for the uses below are modified as specified:
[Amended 11-27-2023]
(a)
Dwelling units: 1.5 parking spaces per dwelling unit; unless:
[1]
Affordable housing as defined by this code is proposed, in which case the parking requirements may be reduced to a minimum of 1/2 space per dwelling unit at the Planning Board's discretion; and/or
[2]
Housing is proposed within 1/4 mile of a public transit stop, in which case the parking requirements may be reduced to a minimum of 1/2 space per dwelling unit at the Planning Board's discretion; and/or
[3]
Some or all of the proposed dwelling units are one-bedroom or studio-type units, in which case parking requirements for these types of units are reduced to one parking space for each unit so described.
[4]
More than 50% of the dwelling units proposed will be affordable as defined by this code, in which case parking is reduced to two spaces per three dwelling units.
(b)
For multifamily dwellings, if more than 10 parking spaces are required, up to 20% of the parking may be designated for compact cars. See § 16.7.11F(4), Off-street parking standards.
(c)
Electric car charging stations are allowed and encouraged in parking lots but must not interfere with pedestrian movement on sidewalks.
(3)
Building design standards. Kittery's characteristic buildings reflect its historic seacoast past. The primary architectural styles are New England Colonial (such as Cape Cod and saltbox), Georgian, Federal and Classical Revival. New buildings must be compatible with Kittery's characteristic styles in form, scale, material and color. In general, buildings should be oriented to the street with the front of the building facing the street from which the building derives its street frontage. Architectural design and structure location must reinforce the human scale and pedestrian nature of the neighborhood by using orientation and building massing, exterior building materials, and roofing as set forth below. The front or street facade must be designed as the front of the building. The front elevation must contain one or more of the following elements: 1) a "front door," although other provisions for access to the building may be provided; 2) windows; or 3) display cases. (See Design Handbook for examples of acceptable materials and designs.) Main entries should be clearly visible from the street and provide adequate cover from the weather. Strict imitation is not required. Design techniques can be used to maintain compatibility with characteristic styles and still leave enough flexibility for architectural variety. To achieve this purpose, the following design standards apply to new and modified existing building projects:
(a)
Exterior building materials and details. Building materials and details strongly define a project's architectural style and overall character. (See Design Handbook for examples of acceptable materials, building scale, and designs.) "One-sided" schemes are prohibited; similar materials and details must be used on all sides of a building to achieve continuity and completeness of design. Predominant exterior building materials must be of good quality and characteristic of Kittery, such as horizontal wood board siding, vertical wood boards, wood shakes, brick, stone or simulated stone, glass and vinyl, or metal clapboard.
(b)
Roofs. Roof styles such as gabled, gambrel and hipped roofs are preferred. Shed roofs and roof facades (such as "stuck on" mansards) are not acceptable as prominent roof forms unless demonstrated to the Planning Board's satisfaction that another design is not practicable. Roof colors must be muted. (See Design Handbook for examples.) Flat roofs proposed to locate heating, cooling, or other such mechanical or electrical apparatus off the ground are acceptable, provided that such apparatus are screened from view and the screening is designed as an integral part of the building to aid both aesthetics and noise attenuation. Flat roofs proposed for the purpose of solar array installations are also acceptable.
(c)
Loading docks and overhead doors. Loading docks and overhead doors must be located on the side or rear of the building and must be screened from view from adjacent properties in residential use.
(d)
Lighting plans, including outdoor lighting fixture designs and photometric plans, must be included at the time of application submission. All lighting fixtures must be cutoff (dark sky compliant).
(4)
Landscaping/site improvements. A landscape plan prepared by a registered landscape architect is a submission requirement. However, a landscape plan done by other design professionals may be allowed at the Planning Board's discretion. Climate-change-tolerant Northeastern native plants are preferred. To achieve attractive and environmentally sound site design, in addition to the landscaping standards contained in Chapter 16.5, the following landscaping requirements apply to new and modified existing developments:
(a)
Fifteen percent of site area must be landscaped and/or in a natural state as described in Subsection D(1)(j)[1], unless otherwise provided above;
(b)
Outdoor spaces must be created to reinforce commercial and community activities and pedestrian-friendly access. Outdoor spaces are encouraged throughout the site, especially in those areas to the front and sides of buildings when viewed from the sidewalk and street. Architectural features such as decorative pavers, planters and seating areas, as well as outdoor dining, where applicable, are encouraged in the creation of these spaces;
(c)
The setback between the street and any buildings must be attractively landscaped using trees, shrubs, perennials, ornamental grasses, fencing or stone walls to reinforce the site's unique character and building design and complement the public use of the space;
(d)
Required setbacks that function as buffers between commercial and residential zones/single-family uses must be landscaped at minimum with a combination of trees and shrubs in a planting bed at least six feet wide. Planting beds may be mulched, but no dyed mulching material may be used;
(e)
Provide street trees in a pattern reflecting the existing streetscape. For new buildings, a minimum of one street tree must be planted for each 25 feet of street frontage. The trees may be spaced along the frontage or grouped or clustered to enhance the visual quality of the site. (See Design Handbook for examples.) The trees must be a minimum 2.5-inch caliper and be at least 12 feet high at the time of planting. A list of approved street trees may be found in the Design Handbook. Trees native to the Northeast, selected for climate change tolerance, are preferred and must be drought and salt tolerant when used along streets. A diversity of tree species (three to five species per every 12 trees) is required to provide greater resiliency to threats from introduced insect pests and diseases. Trees located within the public right-of-way must not exceed 20 feet at maturity. Existing large healthy trees must be preserved if practical and will count toward this requirement.
(f)
For additions to existing buildings and changes of residential structures to a nonresidential use, one street-side tree (see list of street trees in Design Handbook) is required to be planted for every 1,000 square feet of additional gross floor area added or converted to nonresidential use. In instances where parking, display area, storage, building or necessary vehicle circulation exists at the time of enactment of this section, the required trees may be clustered and/or relocated away from the road as is necessary to be practicable. The preservation of existing large trees is encouraged; therefore, the Planning Board may permit the preservation of existing healthy, large, mature trees within developed areas of the site to be substituted for the planting of new trees;
(g)
Service and storage areas must be located to the rear of the building. All service areas for dumpsters, compressors, generators and similar items must be screened by a fence at least six feet tall, constructed of a material similar to surrounding buildings, and must surround the service area, except for the necessary ingress/egress.
(h)
No storage may be in front of buildings, except seasonal sales items;
(i)
Lighting, including lighting fixture designs and photometric plans, and landscape plans must be provided and approved as a part of final plan;
(j)
Lighting along the street must be of a pedestrian scale using a full cutoff fixture in an architectural style appropriate to the neighborhood;
(k)
Any required plantings that do not survive must be replaced within one year. This requirement does not expire and runs with the land.
(5)
Traffic and circulation standards. Sidewalks and roadways must be provided to internally join abutting properties that are determined by the Planning Board using the criteria in Subsection D(2)(b). In addition, safe pedestrian route(s) must be provided to allow pedestrians to move within the site and between the principal customer entrance and the front lot line where a sidewalk exists or will be provided or where the Planning Board determines that such a route is needed for adequate pedestrian safety and movement. (See Design Handbook for appropriate examples.)
(6)
Cottage cluster requirements.
(a)
Cottage cluster dwelling units must either face the required common open space or the street. The required open space must be held in common for use by all the cottage cluster residents and must be immediately accessible to each dwelling unit, via either the front or the back of each unit.
(b)
Each cottage cluster dwelling unit must be no greater than 1,200 square feet. Spacing between units must comply with the requirements of the Fire Department and/or the State Fire Marshall's office.
(c)
Shared parking areas must be connected to each dwelling unit via a sidewalk.
(7)
Affordable housing requirements.
(b)
Density incentives outlined above in Subsection D(1)(a)[4] may be applied to projects that create affordable housing units, as defined by this code. No proportional payment-in-lieu is required if the affordable dwelling unit requirements for the density incentives are met.
E.
Shoreland Overlay Zone OZ-SL — Business Local Zone (B-L1).
(1)
Permitted uses.
(a)
Accessory uses and building.
(b)
Aquaculture.
(c)
Recreation, public open space.
(d)
Energy storage system, residential.
[Added 4-11-2022]
(e)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(f)
Solar energy system, ground-mounted small-, medium- and large-scale (under 20,000 square feet).
[Added 4-11-2022]
(2)
Special exception uses.
(a)
Art studio or gallery.
(b)
Business and professional offices.
(c)
Business services.
(d)
Retail sales, building materials and garden supply (excluding those of which the principal activity entails outdoor sales and/or storage).
(e)
Conference center.
(f)
Retail sales, convenience.
(g)
Commercial fisheries/maritime activities (provided only incidental cleaning and cooking of seafood occur at the site).
(h)
Parking area.
(i)
Dwelling, manufactured housing.
(j)
Dwelling, single-family.
(k)
Dwelling, two-family.
(l)
Farmers' market.
(m)
Funeral home.
(n)
Home occupation, major.
(o)
Home occupation, minor.
(p)
Inn.
(q)
Mass transit station.
(r)
Motel.
(s)
Hotel.
(t)
Inn.
(u)
Rooming house.
(v)
Personal service.
(w)
Public assembly area.
(x)
Theater.
(y)
Public utility facility.
(z)
Restaurant.
(aa)
Retail sales (excluding those of which the principal activity entails outdoor sales and/or storage).
(bb)
Specialty food and/or beverage facility.
§ 16.4.19 Commercial 1, Route 1 Commercial Zone (C-1).
A.
Purpose.
(1)
The C-1 (Route 1 Commercial) Zone proposes to add a range of uses and building types, including residential, to a vehicle-dependent predominately retail-oriented shopping area with proximity to several small neighborhoods. The presence of significant existing infrastructure and the opportunity to redevelop under-utilized properties for a diversity of housing types, restaurants, services and shops with increased pedestrian access will allow the Town to advance Comprehensive Plan housing and economic development goals and meet the needs of residents into the future.
(2)
To reflect the differing character of various parts of the commercial areas, it is divided into three zones that are shown on the Zoning Map:
C-1 | Route 1 Commercial Zone. |
C-2 | Route 236 Commercial Zone. |
C-3 | Bypass/Old Post Road Commercial Zone. |
(3)
Where the standards or requirements for the zones vary, the provisions for the zone in which the parcel is located apply.
B.
Permitted uses. The following uses are permitted in the C-1 Zone:
(1)
Accessory dwelling unit.
(2)
Convalescent care facility.
(3)
Dwelling, two-family.
(4)
Nursing care facility, long-term.
(5)
Accessory buildings, structures, and uses.
(6)
Home occupation, major.
(7)
Home occupation, minor.
(8)
Hotel.
(9)
Inn.
(10)
Motel.
(11)
Rooming house.
(12)
Day-care facility.
(13)
Hospital.
(14)
Nursery school.
(15)
Private assembly.
(16)
Public facility.
(17)
Public or private school.
(18)
Public utility facility.
(19)
Religious use.
(20)
Recreation, commercial indoor.
(21)
Recreation, commercial outdoor.
(22)
Recreation, public open space.
(23)
Recreation, public facility.
(24)
Commercial school.
(25)
Veterinary hospital.
(26)
Art studio or gallery.
(27)
Business and professional offices.
(28)
Business services.
(29)
Conference center.
(30)
Personal services.
(31)
Repair services.
(32)
Restaurant.
(33)
Retail sales.
(34)
Retail sales, building materials and garden supply.
(35)
Retail sales, convenience.
(36)
Specialty food and/or beverage facility.
(37)
Mass transit station.
(38)
Parking area.
(39)
Wholesale businesses.
(40)
Energy storage system, commercial.
[Added 4-11-2022]
(41)
Energy storage system, residential.
[Added 4-11-2022]
(42)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(43)
Solar energy system, ground-mounted small-, medium- and large-scale (under 20,000 square feet).
[Added 4-11-2022]
C.
Special exception uses. The following uses are permitted as special exception uses in the C-1 Zone:
(1)
Aquaculture.
(2)
Buildings and structures over 40 feet that conform to the provisions of Chapters 16.7 and 16.8. Buildings and structures, other than multifamily dwelling units as part of a mixed-use building in the C-1 Zone, west of Route 1, which are taller as allowed in § 16.4.19E(2)(e) higher than 40 actual feet from the lowest point of grade to the highest point of the building or structure must have side, rear and front yards of sufficient depth to adequately protect the health, safety and welfare of abutting properties and which may not be less than current standards or 50% of actual height, whichever is greater.
(3)
Cottage cluster.
(4)
Dwelling, attached single-family.
(5)
Dwelling, multifamily.
(6)
Dwelling units as part of a mixed-use building.
(7)
Funeral home.
(8)
Gasoline service station.
(9)
Industry, light.
(10)
Mechanical services.
(11)
Mini Sstorage not located within 2,000 feet from an existing mini storage facility located in the same zoning district.
(12)
Public assembly area.
(13)
Theater.
(14)
Repair garage.
(15)
Research and development.
(16)
Transportation terminal.
(17)
Warehousing and storage.
(18)
Marijuana business, except a marijuana cultivation facility.
(19)
Energy storage system, dedicated-use building.
[Added 4-11-2022]
(20)
Solar energy system, ground-mounted large-scale (above 20,000 square feet).
[Added 4-11-2022]
E.
Standards.
(2)
The following space standards apply in the C-1 Zones:
(a)
Minimum lot size or density:
[Amended 11-27-2023; 5-13-2024]
C-1 Zone | |
|---|---|
Cottage cluster Dwelling, attached single-family Dwelling, multifamily Dwelling, two-family Dwelling units as part of a mixed-use building | 16 units per acre unless 25% of units are affordable housing units as defined by this Code, in which case 20 units per acre allowed* 40 units per acre when over 50% of the units are affordable housing units as defined by this code* |
All other uses | 40,000 square feet |
NOTES: |
* These uses are exempt from net residential acreage calculations but are subject to minimum lot area per dwelling unit requirement as described in § 16.5.18D, Exemptions to net residential acreage calculations. |
(b)
Minimum street frontage:
C-1 Zone | |
|---|---|
All uses | No minimum* |
NOTES: |
* All lots must meet the requirements of § 16.5.14 unless specifically modified by this section (§ 16.4.19). Street frontage must provide sufficient vehicular and pedestrian access for the uses proposed while meeting public health and safety requirements (e.g., Fire Department, Department of Public Works). The applicant must demonstrate to the municipal permitting authority, that the street frontage and lot design meet these requirements to the extent practicable. |
(c)
Maximum front setback:
C-1 Zone | |
|---|---|
All uses | 15 feet* |
NOTES: |
* The Planning Board may, at its discretion, allow a greater setback when public amenities such as benches, pocket parks, outdoor dining or seating areas are proposed. Properties in the C-3 Zone with frontage on Old Post Road, including those lots which also have frontage on Route 1 Bypass, are required to have at least a fifteen-foot setback on Old Post Road. |
(d)
Minimum rear and side setbacks:
C-1 Zone | |
|---|---|
All uses | 10 feet* |
NOTES: |
* Except where side and/or rear setback of proposed new uses abut a single-family use and/or any properties located on the east side of Route 1 from the southernmost extent of the C-1 Zone north to properties abutting Ox Point Drive in which case a minimum of 40 feet is required. See § 16.4.19E(4)e for buffer requirements. |
(e)
Maximum building height:
C-1 Zone | |
|---|---|
Dwelling, multifamily; Dwelling units as part of a mixed-use building | 50 feet on the west side of Route 1, not including solar apparatus* and 40 feet on the east side of Route 1, not including solar apparatus* |
All other uses | 40 feet |
NOTES: |
* Flat roofs, proposed to locate heating, cooling, or other such mechanical or electrical apparatus off the ground, are acceptable provided that such apparatus is screened from view and the screening is designed as an integral part of the building to aid both aesthetics and noise attenuation. Flat roofs proposed for the purpose of solar array installations are also acceptable. |
(f)
Impervious surface:
[1]
For lots in the C-1 and C-3 Zones which are currently developed and for which new multifamily, attached single-family or two-family dwellings, cottage clusters, or dwelling units as part of mixed-use building are proposed, either with or without existing or new commercial uses on the same lot, the maximum impervious surface, including but not limited to driveways, buildings, sidewalks and parking areas:
[a]
Is 70%; or
[b]
The Planning Board may, at its discretion, allow greater than 70% if proof that all stormwater will be managed on-site, utilizing LID (low-impact development) and BMP (best management practice) systems based on Maine DEP's Maine Stormwater Best Management Practices Manual, Volumes I through III as amended from time to time. The stormwater report and plan demonstrating that this requirement is met must be included with the application at the time of submission.
[2]
For lots in the C-3 Zone which are currently vacant (no existing structure) and for which new multifamily, attached single-family, or two-family dwellings, cottage clusters, or dwelling units as part of mixes-use building are proposed, the maximum impervious surface, including driveways, buildings, sidewalks and parking areas:
[a]
Is 60%; or
[b]
The Planning Board may, at its discretion, allow greater than 60% if proof that all stormwater will be managed on-site utilizing LID (low-impact development) and BMP (best management practice) systems based on Maine DEP's Maine Stormwater Best Management Practices Manual, Volumes I through III as amended from time to time. The stormwater report and plan demonstrating that this requirement is met must be included with the application at the time of submission.
[3]
For lots in the C-1 or C-3 Zones which are currently developed and for which redevelopment is proposed with new nonresidential structures, the maximum impervious surface, including but not limited to driveways, buildings, sidewalks and parking areas:
[a]
Is 70%; and all stormwater must be managed on-site, utilizing LID (low-impact development) and BMP (best management practice) systems based on Maine DEP's Maine Stormwater Best Management Practices Manual, Volumes I through III as amended from time to time. The stormwater report and plan demonstrating that this requirement is met must be included with the application at the time of submission.
[4]
For all uses in the C-2 Zone, building and outdoor material coverage must not exceed 40%.
(g)
Minimum water body setback for functionally water-dependent uses: zero feet.
(h)
Minimum setback from streams, water bodies and wetlands: in accordance with Table 16.5.30, § 16.4.28 and Appendix A, Fee Schedules.
(i)
Gasoline sales i) not located within 1,000 feet of an existing station or private residence; and ii) not located within 150 feet of an existing structure.
(j)
Repair garages must not be located within 150 feet of a private dwelling or existing structure.
(k)
Affordable housing requirements:
(l)
Mixed-use buildings must have nonresidential uses comprising at least 50% of the street-facing first floor.
(m)
Underground utilities are required. The Planning Board may allow an alternative but it is incumbent upon the applicant to demonstrate why such a modification request should be granted.
(n)
Cottage cluster requirements:
[1]
Cottage cluster dwelling units must either face the required common open space or the street. The required open space must be held in common for use by all the cottage cluster residents and must be immediately accessible to each dwelling unit, via either the front or the back of each unit.
[2]
Each cottage cluster dwelling unit must be no greater than 1,200 square feet. Spacing between units must comply with the requirements of the Fire Department and/or the State Fire Marshal's office.
[3]
Shared parking areas must be connected to each dwelling unit via a sidewalk
(3)
C-1 Zone standards. All development and the use of land except for new multifamily, attached single-family or two-family dwellings, cottage clusters, or dwelling units as part of a mixed-use building within the C-1 Zone must meet the following standards:
(a)
Parking.
[1]
All new or revised parking must be visually screened by landscaping, earthen berms and/or fencing from adjacent public streets or residential properties. (See the Design Handbook for appropriate examples.)
[2]
Each parking space is to contain a rectangular area at least 19 feet long and nine feet wide. Lines demarcating parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces so created contain within them the rectangular area required by this section. This is exclusive of drives or aisles giving access thereto, accessible from streets or aisles leading to streets, and usable for the storage or parking of passenger vehicles. Parking spaces or access thereto must be constructed as to be usable year-round.
(b)
Building design standards. Kittery's characteristic buildings reflect its historic seacoast past. The primary architectural styles are New England Colonial (such as Cape Cod and saltbox), Georgian, Federal and Classical Revival. New buildings must be compatible with Kittery's characteristic styles in form, scale, material and color. In general, buildings should be oriented to the street with the front of the building facing the street. The front or street facade must be designed as the front of the building. The front elevation must contain one or more of the following elements: 1) a "front door," although other provisions for access to the building may be provided; 2) windows; or 3) display cases. (See Design Handbook for examples of acceptable materials and designs.) Strict imitation is not required. Design techniques can be used to maintain compatibility with characteristic styles and still leave enough flexibility for architectural variety. To achieve this purpose, the following design standards apply to new and modified existing building projects:
[1]
Exterior building materials and details. Building materials and details strongly define a project's architectural style and overall character. (See Design Handbook for examples of acceptable materials, building scale, and designs.) "One-sided" schemes are prohibited; similar materials and details must be used on all sides of a building to achieve continuity and completeness of design. Predominant exterior building materials must be of good quality and characteristic of Kittery, such as horizontal wood board siding, vertical wood boards, wood shakes, brick, stone or simulated stone, glass and vinyl, or metal clapboard.
[2]
Roofs. A building's prominent roofs must be pitched a minimum of 4:12 unless demonstrated to the Planning Board's satisfaction that this is not practicable. Acceptable roof styles are gabled, gambrel and hipped roofs. Flat roofs, shed roofs and roof facades (such as "stuck on" mansards) are not acceptable as prominent roof forms except as provided above. The roof design must screen or camouflage rooftop protrusions to minimize the visual impact of air-conditioning units, air handler units, exhaust vents, transformer boxes, and the like. (See Design Handbook for examples of appropriate treatments.)
[3]
Loading docks and overhead doors. Loading docks and overhead doors must be located on the side or rear of the building and screened from view from adjacent properties in residential use.
(c)
Landscaping site improvements. To achieve attractive and environmentally sound site design and appropriate screening of parking areas, in addition to the landscaping standards contained in Chapter 16.8 the following landscaping requirements apply to new and modified existing developments:
[1]
Landscape planter strip. A vegetated landscape planter strip must be provided a minimum of 30 feet in depth adjacent to the right-of-way of all public roads and include the following landscape elements:
[2]
Ground cover. The entire landscape planter strip must be vegetated except for approved driveways, walkways, bikeways and screened utility equipment.
[3]
Street-side trees. A minimum of one street tree must be planted for each 25 feet of street frontage. The trees may be spaced along the frontage or grouped or clustered to enhance the visual quality of the site. (See Design Handbook for examples.) The trees must be a minimum two-and-one-half-inch caliper and be at least 12 feet high at the time of planting. The species should be selected from the list of recommended street trees in the Design Handbook. Existing large healthy trees must be preserved if practical and will count toward this requirement.
[4]
Planter strip. Shrubs and flowering perennials must be planted at a minimum of 10 plants per 40 linear feet of street frontage unless existing woodlands are being retained or such planting is inconsistent with the retention of rural landscape features. The plant material should be selected from the list of recommended materials in the Design Handbook. The plants must be placed within the planter strip to enhance the visual character of the site and augment natural features and vegetation. (See Design Handbook for examples of appropriate treatments.)
[5]
Special situations.
[a]
Expansions of less than 2,000 square feet to existing uses are exempt from the landscaping standard of this subsection.
[b]
Depth of landscape planter strip. In instances where the required minimum depth of the landscape planter strip is legally utilized, in accordance with previous permits or approvals, for parking, display, storage, building or necessary vehicle circulation, the depth may be narrowed by the Planning Board to the minimum extent necessary to achieve the objective of the proposed project, provided the required shrubs and perennials are planted along the street frontage to soften the appearance of the development from the public street. If providing the required landscape planter strip together with other required landscaping and required vegetated areas in and around wetlands would cause the project to exceed the required open space standards, the depth of the landscape planter strip and the front yard may be reduced by the Planning Board so the open space standards are not exceeded, but in no case to less than 20 feet for this reason.
[c]
Additions and changes in use. For additions to existing buildings and changes of residential structures to a nonresidential use, one street-side tree (see list of recommended street trees in Design Handbook) is required to be planted for every 1,000 square feet of additional gross floor area added or converted to nonresidential use. In instances where parking, display area, storage, building or necessary vehicle circulation exists at the time of enactment of this section, the required trees may be clustered and/or relocated away from the road as is necessary to be practicable. The preservation of existing large trees is encouraged; therefore, the Planning Board may permit the preservation of existing healthy, large, mature trees within the landscape planter strip or other developed areas of the site to be substituted for the planting of new trees.
[d]
Residences. Residential additions to existing single- and two-family dwellings and proposed single- and duplex-family dwellings are exempt from the landscaping standards of this subsection.
[6]
Outdoor service and storage areas. Service and storage areas must be located to the side or rear of the building. Facilities for waste storage such as dumpsters must be located within an enclosure and be visually buffered by fencing, landscaping and/or other treatments. (See Design Handbook for examples of appropriate buffering.)
(d)
Traffic and circulation standards.
[1]
Sidewalks and roadways must be provided within the site to internally join abutting properties that are determined by the Planning Board to be compatible. In addition, safe pedestrian route(s) must be provided to allow pedestrians to move within the site and between the principal customer entrance and the front lot line where a sidewalk exists or will be provided or where the Planning Board determines that such a route is needed for adequate pedestrian safety and movement. (See Design Handbook for appropriate examples.)
(e)
Open space standards.
[1]
Open space must be provided as a percentage of the total area of the lot, including freshwater wetlands, water bodies, streams and setbacks. Twenty-five percent of each lot must be designated as open space. Required open space must be shown on the plan with a note dedicating it as "open space." The open space must be located to create an attractive environment on the site, minimize environmental impacts, protect significant natural features or resources on the site, and maintain wildlife habitat. Individual large, healthy trees and areas with mature tree cover should be included in the open space. Where possible, the open space must be located to allow the creation of continuous open space networks in conjunction with existing or potential open space on adjacent properties. The required amount of designated open space is reduced to 15% of each lot that is less than 100,000 square feet in size.
[2]
Minimum land area per unit for elder-care facilities that are connected to the public sewerage system:
[a]
Dwelling unit with two or more bedrooms: 3,000 square feet.
[b]
Dwelling unit with less than two bedrooms: 2,000 square feet.
[c]
Residential care unit: 1,500 square feet.
[d]
Minimum land area per bed for nursing care and convalescent care facilities that are connected to the public sewerage system: 1,200 square feet.
(4)
C-1 and C-3 Zone standards for attached single-family dwellings, multifamily dwellings, two- family dwellings where more than one two-family dwelling is proposed for a single lot, cottage clusters, and dwelling units as part of a mixed-use building:
(a)
Design standards. See Kittery's Design Handbook for further information on how these standards can be met.
[1]
Sidewalks must be installed within the right-of-way to meet minimum requirements as specified in § 16.5.27, subject to review and approval by the Department of Public Works and MaineDOT if required.
[2]
Connectivity between new housing development and adjacent existing or new commercial areas is required. This connectivity must, at minimum, include sidewalks or walkways. In the C-1 Zone, connectivity may also include vehicular access coupled with sidewalks or walkways between residential and commercial areas. Connectivity must be pedestrian-friendly with appropriately scaled improvements such as eight-foot-wide sidewalks and human-scaled lighting.
[3]
On-street parking is encouraged on new or existing private roads off Route 1, and may be considered as a part of a joint use parking plan when such on-street parking is proposed as part of a development or redevelopment plan.
[4]
All service areas for dumpsters, compressors, generators and similar items must be screened by a fence at least six feet tall, constructed of a material similar to surrounding buildings, and must surround the service area except for the necessary ingress/egress.
[5]
Parking must be located behind multifamily dwellings and mixed-use buildings with residential dwelling units when viewed from the street. The Planning Board may allow parking to the side or front of such residential or mixed-use buildings at its discretion, but it is incumbent upon the applicant to demonstrate why rear parking is not feasible.
[6]
Lighting plans, including lighting fixture designs and photometric plans must be included at the time of application submission. All fixtures must be cut off to prevent light trespass and meet all requirements of § 16.7.11.H.
[7]
A single new two-family dwelling proposed for a lot, the addition of another dwelling unit to an existing single-family residence to create a two-family dwelling and the addition of an ADU (accessory dwelling unit) to a single-family residence is exempt from these design standards.
(b)
Open space standards.
[1]
Open space must be provided as a percentage of the total area of the lot, and may include wetlands, water bodies, streams, and setbacks. Fifteen percent of each lot must be designated as open space.
[2]
For multifamily dwellings, mixed-use buildings with residential dwelling units and attached single-family dwellings, in cases where the property does not meet the 15% requirement due to existing development, and where redevelopment will remain at the same or comprise a lower percentage of the lot, the Planning Board may, at its discretion, allow a smaller percentage of open space. In granting this concession, the Board may require more intensive landscape plantings.
(c)
Parking standards. The following minimum off-street parking requirements must be provided and maintained in case of new construction, alterations, and changes of use:
[1]
Parking requirements must be met on site unless an existing building covers so much of the lot as to make the provision of parking impractical in whole or in part. If meeting the parking requirements is not practical, then the parking demand may be satisfied off site or through joint-use agreements as specified herein. Notwithstanding the off-street parking requirements in § 16.7.11F, minimum parking requirements for the uses below are modified as specified:
[a]
Dwelling units: one parking space per dwelling unit.
[b]
For multifamily dwellings, if more than 10 parking spaces are required, up to 20% of the parking may be designated for compact cars. See § 16.7.11F, Off-street parking standards.
[c]
When more than 50% of the dwelling units proposed are affordable as defined by this code, two parking spaces for every three dwelling units.
[Added 11-27-2023]
[2]
Off-site parking. Required off-street parking may be satisfied at off-site locations, provided such parking is on other property owned by the applicant or is under the terms of a contractual agreement that will ensure such parking remains available for the uses served. Applicant must present evidence of a parking location and a contractual agreement.
[3]
Joint-use parking. Required off-street parking may also be satisfied by the joint use of parking space by two or more uses if the applicant can show that parking demand is nonconflicting and will reasonably provide adequate parking for the multiple uses without parking overflowing into undesignated areas. Nonconflicting periods may consist of daytime as opposed to evening hours of operation or weekday as opposed to weekends or seasonal variation in parking demand.
[a]
Such joint parking areas must be held under ownership of the applicant or under terms of a contractual agreement that ensures such parking remains available to all users of the shared parking spaces;
[b]
Determination of parking adequacy will be based on a most frequent basis, not a "worst case" scenario;
[c]
Joint-use parking areas must be located within 1,500 feet of the uses served, but do not need to be located on the same lot as the uses served;
[d]
Ease and safety of pedestrian access to shared parking by the users served must be demonstrated to the municipal permitting authority's satisfaction, including any proposed improvements, such as crosswalks or shuttle service that may be offered and its requisite loading/unloading areas;
[e]
Such joint parking areas must not be located in residential zones of the Town.
[4]
In making determinations on off-site or joint-use parking under a development plan review, the municipal permitting authority with jurisdiction to review and approve will make a final determination of the joint-use and/or off-site spaces that constitute an acceptable combination of spaces to meet the required parking demand.
[5]
Electric car charging stations are allowed in parking lots but must not interfere with pedestrian movement on sidewalks.
(d)
Landscaping and screening.
[1]
For new multifamily, attached single-family, or dwelling units as part of a mixed-use building or any new residential use that will create more than three dwelling units on a site, the following standards apply:
[a]
A landscape plan prepared by a registered landscape architect is a submission requirement. However, a landscape plan done by other design professionals may be allowed at the Planning Board's discretion.
[b]
A minimum of one street tree must be planted for each 25 feet of street frontage. Trees may be planted in groups or spaced along the frontage. However, trees must be planted to ensure survival, using silva cells, bioretention cells or tree wells. Trees are to be a minimum of 2.5-inch caliper and 12 feet high at the time of planting. Existing large healthy trees must be preserved if practical and will count towards this requirement. Trees proposed within the right-of-way must remain under 20 feet tall at maturity.
[c]
Surface parking lots designed for five or more cars that will service multifamily or mixed-use buildings with dwelling units and which abut a street, an existing single-family use, or a residential zone, must provide screening in one of the following ways:
[i]
One tree per 25 feet of street frontage backed by a fence constructed of a material similar to surrounding buildings which must screen the parking area from the street except for necessary vehicular and pedestrian access. To ensure survival, trees must be planted using silva cells, bioretention cells or tree wells. Trees must be at least 2.5-inch caliper and 12 feet high at the time of planting. Existing large healthy trees must be preserved if practical and will count towards this requirement. Trees proposed within the right-of-way must remain under 20 feet tall at maturity.
[ii]
A combination of trees and shrubs including at least 50% evergreen species, all at least six feet high at time of planting, in a planting bed at least eight feet wide. Plantings must be sufficient, as determined by the Planning Board, to screen the parking area from the street except for necessary vehicular and pedestrian access. Planting beds may be mulched but no dyed mulching material may be used
[d]
A minimum of 10% of any surface parking area consisting of 10 or more spaces must be landscaped with trees and vegetated islands. This requirement is in addition to the aforementioned screening and street tree requirements.
[e]
Native trees are preferred and must be drought and salt tolerant when used along streets. A diversity of tree species (three to five species per every 12 trees) is required to provide greater resiliency to threats from introduced insect pests and diseases.
[f]
Any required plantings that do not survive must be replaced within one year. This requirement does not expire and runs with the land.
(e)
Buffers.
[1]
Buffers are required between new residential uses and existing nonresidential uses and must be at least 10 feet wide. A buffer plan must be prepared in conjunction with the landscape plan as described in Subsection E(4)[d][1] above and consist of:
[a]
A fence at least six feet high, constructed of material similar to surrounding buildings, with plantings of trees at least six feet tall at time of planting and shrubs on the new residential side of the fence.
[b]
Ground cover plantings such as perennials or ornamental grasses must be used where appropriate.
[c]
Plantings must be provided with irrigation to enhance survival unless they are part of a bioretention cell, rain garden or tree well.
[d]
Any required plantings that do not survive must be replaced within one year. This requirement does not expire and runs with the land.
[2]
Buffers are required between new residential uses and existing single-family uses and must be at least 10 feet wide. A buffer plan must be prepared in conjunction with the landscape plan as described in Subsection E(4)[d][1] above and consist of:
[a]
A fence at least six feet high, constructed of material similar to surrounding buildings, with plantings of trees and shrubs at least six feet tall on the new residential side of the fence; or
[b]
Plantings of trees at least six feet tall and shrubs, including at least 50% evergreen species. Such plantings must ensure adequate buffering and screening is achieved as determined by the Planning Board.
[c]
Ground cover plantings, such as perennials or ornamental grasses must be used where appropriate.
[d]
Plantings must be provided with irrigation to enhance survival unless they are part of a bioretention cell, rain garden or tree well.
[e]
Any required plantings that do not survive must be replaced within one year. This requirement does not expire and runs with the land.
F.
Shoreland Overlay Zone OZ-SL — Commercial — 1 Zone (C-1).
(1)
Permitted uses.
(a)
Accessory buildings, structures, and uses.
(b)
Home occupation, major.
(c)
Home occupation, minor.
(d)
Recreation, public facility.
(e)
Recreation, public open space.
(f)
Recreation, selected commercial.
(g)
Public utility facility.
(h)
Commercial school.
(i)
Public or private school.
(j)
Nursery school.
(k)
Hospital.
(l)
Nursing care facility, long-term.
(m)
Convalescent care facility.
(n)
Public facility.
(o)
Religious use.
(p)
Private assembly.
(q)
Energy storage system, residential.
[Added 4-11-2022]
(r)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(s)
Solar energy system, ground-mounted small-, medium- and large-scale (under 20,000 square feet).
[Added 4-11-2022]
(2)
Special exception uses.
(a)
Aquaculture.
(b)
Art studio or gallery.
(c)
Retail sales, building materials and garden supply.
(d)
Business and professional offices.
(e)
Business services.
(f)
Parking area.
(g)
Conference center.
(h)
Day-care facility.
(i)
Retail sales.
(j)
Retail sales, convenience.
(k)
Mass transit station.
(l)
Mini storage.
(m)
Motel.
(n)
Hotel.
(o)
Rooming house.
(p)
Inn.
(q)
Personal services.
(r)
Repair services.
(s)
Public assembly area.
(t)
Theater.
(u)
Research and development.
(v)
Restaurant.
(w)
Retail sales.
(x)
Wholesale businesses.
(y)
Specialty food and/or beverage facility.
(z)
Transportation terminal.
(aa)
Veterinary hospital.
(bb)
Warehousing and storage.
(cc)
Solar energy system, ground-mounted large-scale (above 20,000 square feet).
[Added 4-11-2022]
§ 16.4.20 Commercial 2, Route 236 Commercial Zone (C-2).
A.
Purpose.
(1)
The purpose of the C-2 (Route 236 Commercial) Zone is to provide services, industry and business space within the Town in a location capable of conveniently serving community-wide and/or regional trade areas and oriented primarily to vehicular access.
(3)
Where the standards or requirements for the zones vary, the provisions for the zone in which the parcel is located apply.
B.
Permitted uses. The following uses are permitted in the C-2 Zone:
(1)
Accessory dwelling unit.
(2)
Convalescent care facility.
(3)
Nursing care facility, long-term.
(4)
Accessory buildings, structures, and uses.
(5)
Home occupation, major.
(6)
Home occupation, minor.
(7)
Hotel.
(8)
Inn.
(9)
Motel.
(10)
Rooming house.
(11)
Day-care facility.
(12)
Hospital.
(13)
Nursery school.
(14)
Private assembly.
(15)
Public facility.
(16)
Public or private school.
(17)
Public utility facility.
(18)
Religious use.
(19)
Recreation, commercial indoor.
(20)
Recreation, commercial outdoor.
(21)
Recreation, public open space.
(22)
Recreation, public facility.
(23)
Aquaculture.
(24)
Commercial fisheries/maritime activities (provided only incidental cleaning and cooking of seafood occur at the site).
(25)
Commercial school.
(26)
Veterinary hospital.
(27)
Art studio or gallery.
(28)
Business and professional offices.
(29)
Business service.
(30)
Conference center.
(31)
Personal service.
(32)
Repair service.
(33)
Restaurant.
(34)
Retail sales.
(35)
Retail sales, building materials and garden supply.
(36)
Retail sales, convenience.
(37)
Specialty food and/or beverage facility.
(38)
Boatyard.
(39)
Mass transit station.
(40)
Mechanical services.
(41)
New motor vehicle sales.
(42)
Parking area.
(43)
Wholesale business.
(44)
Energy storage system, commercial.
[Added 4-11-2022]
(45)
Energy storage system, residential.
[Added 4-11-2022]
(46)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(47)
Solar energy system, ground-mounted small-, medium- and large-scale (under 20,000 square feet).
[Added 4-11-2022]
C.
Special exceptions. The following land uses are permitted as special exception uses in the C-2 Zone:
(1)
Adult entertainment establishment.
(2)
Buildings and structures over 40 feet that conform to the provisions of Chapter 16.7 and 16.8. Buildings and structures higher than 40 actual feet from the lowest point of grade to the highest point of the building or structure must have side, rear and front yards of sufficient depth to adequately protect the health, safety and welfare of abutting properties, and which may not be less than current standards or 50% of actual height, whichever is greater.
(3)
Commercial greenhouse.
(4)
Construction services.
(5)
Funeral home.
(6)
Gasoline service station.
(7)
Industry, light.
(8)
Mini storage.
(9)
Repair garage.
(10)
Public assembly area.
(11)
Theater.
(12)
Research and development.
(13)
Shops in pursuit of trade.
(14)
Transportation terminal.
(15)
Used car lot.
(16)
Warehousing and storage.
(17)
Marijuana business.
(18)
Energy storage system, dedicated-use building.
[Added 4-11-2022]
D.
Standards.
(2)
The following space standards apply in the C-2 Zones:
(a)
Minimum lot size or density:
C-2 Zone | |
|---|---|
All uses | 40,000 square feet |
(b)
Minimum street frontage:
C-2 Zone | |
|---|---|
All uses | 150 feet |
(c)
Maximum front setback:
C-2 Zone | |
|---|---|
All uses | 50 feet |
(d)
Minimum rear and side setbacks:
C-2 Zone | |
|---|---|
All uses | 30 feet** |
NOTES: |
** Except as may be required by the buffer provisions of this title, and where the side and/or rear yards of the proposed nonresidential use abut a residential zone or use; in which case a minimum of 40 feet is required. |
(e)
Maximum building height:
C-2 Zone | |
|---|---|
All uses | 40 feet |
(f)
Impervious surface:
[1]
For all uses in the C-2 Zone, building and outdoor material coverage must not exceed 40%.
(g)
Minimum water body setback for functionally water-dependent uses: zero feet.
(h)
Minimum setback from streams, water bodies and wetlands: in accordance with Table 16.5.30, § 16.4.28 and Appendix A, Fee Schedules.
(i)
Gasoline sales i) not located within 1,000 feet of an existing station or private residence; and ii) not located within 150 feet of an existing structure.
(j)
Repair garages must not be located within 150 feet of a private dwelling or existing structure.
(k)
Affordable housing requirements:
(l)
Mixed-use buildings must have nonresidential uses comprising at least 50% of the street-facing first floor.
(m)
Underground utilities are required. The Planning Board may allow an alternative but it is incumbent upon the applicant to demonstrate why such a modification request should be granted.
(n)
Cottage cluster requirements:
[1]
Cottage cluster dwelling units must either face the required common open space or the street. The required open space must be held in common for use by all the cottage cluster residents and must be immediately accessible to each dwelling unit, via either the front or the back of each unit.
[2]
Each cottage cluster dwelling unit must be no greater than 1,200 square feet. Spacing between units must comply with the requirements of the Fire Department and/or the State Fire Marshal's office.
[3]
Shared parking areas must be connected to each dwelling unit via a sidewalk
(3)
C-2 Zone standards.
(a)
Parking.
[1]
All new or revised parking must be visually screened through the use of landscaping, earthen berms and/or fencing from adjacent public streets or residential properties. (See the Design Handbook for appropriate examples.)
[2]
Each parking space is to contain a rectangular area at least 19 feet long and nine feet wide. Lines demarcating parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces so created contain within them the rectangular area required by this section. This is exclusive of drives or aisles giving access thereto, accessible from streets or aisles leading to streets, and usable for the storage or parking of passenger vehicles. Parking spaces or access thereto must be constructed as to be usable year-round.
(b)
Building design standards.
[1]
New buildings should meet the general design principles set forth in the Design Handbook. In general, buildings should be oriented to the street with the front of the building facing the street. The front or street facade must be designed as the front of the building. The front elevation must contain one or more of the following elements:
[2]
A building's prominent roofs must be pitched a minimum of 4:12 unless demonstrated to the Planning Board's satisfaction that this is not practicable. Acceptable roof styles are gabled, gambrel and hipped roofs. Flat roofs, shed roofs and roof facades (such as "stuck on" mansards) are not acceptable as prominent roof forms except as provided above. (See Design Handbook for examples of acceptable designs.)
(c)
Landscaping site improvements. To achieve attractive and environmentally sound site design and appropriate screening of parking areas, in addition to the landscaping standards contained in Chapter 16.8 the following landscaping requirements apply to new and modified existing developments:
[1]
Landscape planter strip. A vegetated landscape planter strip must be provided a minimum of 20 feet in depth adjacent to the right-of-way of all public roads and include the following landscape elements:
[a]
Ground cover. The entire landscape planter strip must be vegetated except for approved driveways, walkways, bikeways and screened utility equipment.
[b]
Street-side trees. A minimum of one street tree must be planted for each 50 feet of street frontage. The trees may be spaced along the frontage or grouped or clustered to enhance the visual quality of the site. (See Design Handbook for examples.) The trees must be a minimum two-and-one-half-inch caliper and be at least 12 feet high at the time of planting. The species should be selected from the list of recommended street trees in the Design Handbook. Existing large healthy trees must be preserved if practical and will count toward this requirement.
(d)
Special situations.
[1]
Expansions of less than 2,000 square feet to existing uses are exempt from the landscaping standard of this subsection.
[2]
Depth of landscape planter strip. In instances where the required minimum depth of the landscape planter strip is legally utilized, in accordance with previous permits or approvals for parking, display, storage, building or necessary vehicle circulation, the depth may be narrowed by the Planning Board to the minimum extent necessary to achieve the objective of the proposed project, provided that the required shrubs and perennials are planted along the street frontage to soften the appearance of the development from the public street.
[3]
Additions and changes in use. For additions to existing buildings and changes of residential structures to a nonresidential use, one street-side tree (see list of recommended street trees in Design Handbook) is required to be planted for every 1,000 square feet of additional gross floor area added or converted to nonresidential use. In instances where parking, display area, storage, building or necessary vehicle circulation exists at the time of enactment of this section, the required trees may be clustered and/or relocated away from the road as is necessary to be practicable. The preservation of existing large trees is encouraged; therefore, the Planning Board may permit the preservation of existing healthy, large, mature trees within the landscape planter strip or other developed areas of the site to be substituted for the planting of new trees.
[4]
Residences. Residential additions to existing single- and two-family dwellings and proposed single and duplex family dwellings are exempt from the landscaping standards of this subsection.
(e)
Outdoor service and storage areas. No areas for the storage of raw materials, equipment or finished products other than small areas for the display of samples of products available for sale or rent may be located between the front property line and the front facade of the building. Display areas may not be located within the required landscape planter strip. Facilities for waste storage such as dumpsters must be located within an enclosure and be visually buffered by fencing, landscaping and/or other treatments. (See Design Handbook for examples of appropriate buffering.)
E.
Shoreland Overlay Zone OZ-SL — Commercial — 2 Zone (C-2).
(1)
Permitted uses.
(a)
Accessory buildings, structures, and uses.
(b)
Home occupation, major.
(c)
Home occupation, minor.
(d)
Aquaculture.
(e)
Recreation, public facility.
(f)
Recreation, public open space.
(g)
Recreation, selected commercial.
(h)
Public utility facility.
(i)
Commercial school.
(j)
Public or private school.
(k)
Nursery school.
(l)
Hospital.
(m)
Nursing care facility, long-term.
(n)
Convalescent care facility.
(o)
Public facility.
(p)
Religious institution.
(q)
Private assembly.
(r)
Energy storage system, commercial.
[Added 4-11-2022]
(s)
Energy storage system, residential.
[Added 4-11-2022]
(t)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(u)
Solar energy system, ground-mounted small-, medium- and large-scale (under 20,000 square feet).
[Added 4-11-2022]
(2)
Special exception uses.
(a)
Adult entertainment establishment, not located within 1,000 feet of an existing private residence, school or place of worship.
(b)
Art studio or gallery.
(c)
Boatyard.
(d)
Business and professional offices.
(e)
Business services.
(f)
Commercial fisheries/maritime activities (provided only incidental cleaning and cooking of seafood occur at the site).
(g)
Parking area.
(h)
Conference center.
(i)
Construction services.
(j)
Day-care facility.
(k)
Retail sales, convenience.
(l)
Retail sales.
(m)
Mass transit station.
(n)
Mini storage.
(o)
Motel.
(p)
Hotel.
(q)
Rooming house.
(r)
Inn.
(s)
Personal service.
(t)
Public assembly area.
(u)
Theater.
(v)
Research and development.
(w)
Restaurant.
(x)
Wholesale business.
(y)
Repair services.
(z)
Shops in pursuit of trade.
(aa)
Speciality food and/or beverage facility.
(bb)
Transportation terminal.
(cc)
Veterinary hospital.
(dd)
Warehousing and storage.
§ 16.4.21 Commercial 3, Bypass/Old Post Road Commercial Zone (C-3).
A.
Purpose.
(1)
The C-3 (Bypass/Old Post Road Commercial) Zone proposed to introduce a mix of housing, businesses and services to an area that serves as one of the gateways to and through Kittery. Existing infrastructure, proximity to residential neighborhoods, and direct access to I-95 give this zone opportunities for housing and commercial uses, as well as advancing pedestrian access, serving residents and the region.
(3)
Where the standards or requirements for the zones vary, the provisions for the zone in which the parcel is located apply.
B.
Permitted uses. The following uses are permitted in the C-3 Zone:
(1)
Accessory dwelling unit.
(2)
Convalescent care facility.
(3)
Dwelling, two-family.
(4)
Nursing care facility, long-term.
(5)
Residential care facility.
(6)
Accessory buildings, structures, and uses.
(7)
Home occupation major.
(8)
Home occupation, minor.
(9)
Hotel.
(10)
Inn.
(11)
Motel.
(12)
Rooming house.
(13)
Day-care facility.
(14)
Hospital.
(15)
Nursery school.
(16)
Private assembly.
(17)
Public facility.
(18)
Public or private school.
(19)
Public utility facility.
(20)
Religious use.
(21)
Recreation, commercial indoor.
(22)
Recreation, commercial outdoor.
(23)
Recreation, public open space.
(24)
Recreation, public facility.
(25)
Aquaculture.
(26)
Commercial fisheries/maritime activities (provided only incidental cleaning and cooking of seafood occur at the site).
(27)
Commercial school.
(28)
Veterinary hospital.
(29)
Art studio or gallery.
(30)
Business and professional offices.
(31)
Business services.
(32)
Conference center.
(33)
Personal services.
(34)
Repair service.
(35)
Restaurant.
(36)
Retail sales.
(37)
Retail sales, building materials and garden supply.
(38)
Retail sales, convenience.
(39)
Specialty food and/or beverage facility.
(40)
Boatyard.
(41)
Mass transit station.
(42)
Mechanical services.
(43)
Parking area.
(44)
Wholesale business.
(45)
Energy storage system, commercial.
[Added 4-11-2022]
(46)
Energy storage system, residential.
[Added 4-11-2022]
(47)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(48)
Solar energy system, ground-mounted small-, medium- and large-scale (under 20,000 square feet).
[Added 4-11-2022]
C.
Special exception uses. The following uses are permitted by special exception uses in the C-3 Zone:
(1)
Buildings and structures over 40 feet that conform to the provisions of Chapters 16.7 and 16.8. Buildings and structures, other than multifamily dwellings and dwelling units as part of a mixed-use building in the C-3 Zone, west of Route 1, which are taller as allowed in § 16.4.21B(41) higher than 40 actual feet from the lowest point of grade to the highest point of the building or structure must have side, rear and front yards of sufficient depth to adequately protect the health, safety and welfare of abutting properties, and which may not be less than current standards or 50% of actual height, whichever is greater.
(2)
Commercial greenhouses.
(3)
Construction services.
(4)
Cottage cluster.
(5)
Dwelling, attached single-family.
(6)
Dwelling, multifamily.
(7)
Dwellings as part of a mixed-use building.
(8)
Funeral home.
(9)
Gasoline service station.
(10)
Industry, light.
(11)
Mini storage not located within 2,000 feet from an existing mini storage facility located in the same zoning district.
(12)
Public assembly area.
(13)
Theater.
(14)
Repair garage.
(15)
Research and development.
(16)
Shops in pursuit of trade.
(17)
Transportation terminal (excluding truck stops).
(18)
Warehousing and storage.
(19)
Marijuana business.
(20)
Energy storage system, dedicated-use building.
[Added 4-11-2022]
(21)
Solar energy system, ground-mounted large-scale (above 20,000 square feet).
[Added 4-11-2022]
E.
Standards.
(2)
The following space standards apply in the C-3 Zones:
[Amended 11-27-2023; 5-13-2024]
(a)
Minimum lot size or density:
C-1 and C-3 Zones | |
|---|---|
Cottage cluster Dwelling, attached single-family Dwelling, multifamily Dwelling, two-family Dwelling units as part of a mixed-use building | 16 units per acre unless 25% of units are affordable housing units as defined by this Code, in which case 20 units per acre allowed* 40 units per acre when over 50% of the units are affordable housing units as defined by this code* |
All other uses | 40,000 square feet |
NOTES: |
* These uses are exempt from net residential acreage calculations but are subject to minimum lot area per dwelling unit requirement as described in § 16.5.18D, Exemptions to net residential acreage calculations. |
(b)
Minimum street frontage:
C-1 and C-3 Zones | |
|---|---|
All uses | No minimum* |
NOTES: |
* All lots must meet the requirements of § 16.5.14, Lots, unless specifically modified by this section (§ 16.4.21). Street frontage must provide sufficient vehicular and pedestrian access for the uses proposed while meeting public health and safety requirements (e.g., Fire Department, Department of Public Works). The applicant must demonstrate to the municipal permitting authority, that the street frontage and lot design meet these requirements to the extent practicable. |
(c)
Maximum front setback:
C-1 and C-3 Zones | |
|---|---|
All uses | 15 feet* |
NOTES: |
* The Planning Board may, at its discretion, allow a greater setback when public amenities such as benches, pocket parks, outdoor dining or seating areas are proposed. Properties in the C-3 Zone with frontage on Old Post Road, including those lots which also have frontage on Route 1 Bypass, are required to have at least a fifteen-foot setback on Old Post Road. |
(d)
Minimum rear and side setbacks:
C-3 Zone | |
|---|---|
All uses | 10 feet*** |
NOTES: |
*** Except where side and/or rear setbacks of proposed new uses abut a single-family use in which case a minimum of 15 feet is required. |
(e)
Maximum building height:
C-3 Zone | |
|---|---|
Dwelling, multifamily Dwelling units as part of a mixed-use building | 40 feet* |
All other uses | 40 feet |
NOTES: |
* Flat roofs, proposed to locate heating, cooling, or other such mechanical or electrical apparatus off the ground, are acceptable provided that such apparatus is screened from view and the screening is designed as an integral part of the building to aid both aesthetics and noise attenuation. Flat roofs proposed for the purpose of solar array installations are also acceptable. |
** For properties in the C-3 Zone with frontage on Old Post Road, including those lots which also have frontage on Route 1 Bypass, the setback on Old Post Road must be 15 feet or greater as provided by Subsection E(2)(c) above and building heights must not exceed 25 feet for the first 15 feet beyond the minimum fifteen-foot setback. |
(f)
Impervious surface:
[1]
For lots in the C-1 and C-3 Zones which are currently developed and for which new multifamily, attached single-family or two-family dwellings, cottage clusters, or dwelling units as part of mixed-use building are proposed, either with or without existing or new commercial uses on the same lot, the maximum impervious surface, including but not limited to driveways, buildings, sidewalks and parking areas:
[a]
Is 70%; or
[b]
The Planning Board may at its discretion, allow greater than 70% if proof that all stormwater will be managed on-site, utilizing LID (low-impact development) and BMP (best management practice) systems based on Maine DEP's Maine Stormwater Best Management Practices Manual, Volumes I through III as amended from time to time. The stormwater report and plan demonstrating that this requirement is met must be included with the application at the time of submission.
[2]
For lots in the C-3 Zone which are currently vacant (no existing structure) and for which new multifamily, attached single-family, or two-family dwellings, cottage clusters, or dwelling units as part of mixes-use building are proposed, the maximum impervious surface, including driveways, buildings, sidewalks and parking areas:
[a]
Is 60%; or
[b]
The Planning Board may, at its discretion, allow greater than 60% if proof that all stormwater will be managed on-site utilizing LID (low-impact development) and BMP (best management practice) systems based on Maine DEP's Maine Stormwater Best Management Practices Manual, Volumes I through III as amended from time to time. The stormwater report and plan demonstrating that this requirement is met must be included with the application at the time of submission.
[3]
For lots in the C-1 or C-3 Zones which are currently developed and for which redevelopment is proposed with new nonresidential structures, the maximum impervious surface, including but not limited to driveways, buildings, sidewalks and parking areas:
[a]
Is 70%; and all stormwater must be managed on-site, utilizing LID (low-impact development) and BMP (best management practice) systems based on Maine DEP's Maine Stormwater Best Management Practices Manual, Volumes I through III as amended from time to time. The stormwater report and plan demonstrating that this requirement is met must be included with the application at the time of submission.
[4]
For all uses in the C-2 Zone, building and outdoor material coverage must not exceed 40%.
(g)
Minimum water body setback for functionally water-dependent uses: zero feet.
(h)
Minimum setback from streams, water bodies and wetlands: in accordance with Table 16.5.30, § 16.4.28 and Appendix A, Fee Schedules.
(i)
Gasoline sales i) not located within 1,000 feet of an existing station or private residence; and ii) not located within 150 feet of an existing structure.
(j)
Repair garages must not be located within 150 feet of a private dwelling or existing structure.
(k)
Affordable housing requirements:
(l)
Mixed-use buildings must have nonresidential uses comprising at least 50% of the street-facing first floor.
(m)
Underground utilities are required. The Planning Board may allow an alternative but it is incumbent upon the applicant to demonstrate why such a modification request should be granted.
(n)
Cottage cluster requirements:
[1]
Cottage cluster dwelling units must either face the required common open space or the street. The required open space must be held in common for use by all the cottage cluster residents and must be immediately accessible to each dwelling unit, via either the front or the back of each unit.
[2]
Each cottage cluster dwelling unit must be no greater than 1,200 square feet. Spacing between units must comply with the requirements of the Fire Department and/or the State Fire Marshal's office.
[3]
Shared parking areas must be connected to each dwelling unit via a sidewalk
(3)
C-3 Zone standards. All development and the use of land except for new multifamily, attached single-family or two-family dwellings, cottage clusters, or dwelling units as part of a mixed-use building within the C-3 Zone must meet the following standards:
(a)
Parking.
[1]
All new or revised parking must be visually screened through the use of landscaping, earthen berms and/or fencing from adjacent public streets or residential properties. (See the Design Handbook for appropriate examples.)
[2]
Each parking space is to contain a rectangular area at least 19 feet long and nine feet wide. Lines demarcating parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces so created contain within them the rectangular area required by this section. This is exclusive of drives or aisles giving access thereto, accessible from streets or aisles leading to streets, and usable for the storage or parking of passenger vehicles. Parking spaces or access thereto must be constructed as to be usable year-round.
(b)
Building design.
[1]
Kittery's characteristic buildings reflect its historical seacoast past. The primary architectural styles are New England Colonial (such as Cape Cod and saltbox), Georgian, Federal and Classical Revival. New buildings must be compatible with Kittery's characteristic styles in form, scale, material and color. In general, buildings should be oriented to the street with the front of the building facing the street. The front or street facade must be designed as the front of the building. The front elevation must contain one or more of the following elements: 1) a "front door," although other provisions for access to the building may be provided; 2) windows; or 3) display cases. (See Design Handbook for examples of acceptable materials and designs.) Strict imitation is not required. Design techniques can be used to maintain compatibility with characteristic styles and still leave enough flexibility for architectural variety. To achieve this purpose, the following design standards apply to new and remodeled building projects:
[2]
Exterior building materials and details. Building materials and details strongly define a project's architectural style and overall character. (See Design Handbook for examples of acceptable materials, building scale and designs.) "One-sided" schemes are prohibited; similar materials and details must be used on all sides of a building to achieve continuity and completeness of design. Predominant exterior building materials must be of good quality and characteristic of Kittery, such as horizontal wood board siding, vertical wood boards, wood shakes, brick, stone or simulated stone, glass and vinyl, or metal clapboard.
[3]
Roofs. A building's prominent roofs must be pitched a minimum of 4:12 unless demonstrated to the Planning Board's satisfaction that this is not practicable. Acceptable roof styles are gabled, gambrel and hipped roofs. Flat roofs, shed roofs and roof facades (such as "stuck on" mansards) are not acceptable as prominent roof forms except as provided above. The roof design must screen or camouflage rooftop protrusions to minimize the visual impact of air-conditioning units, air handler units, exhaust vents, transformer boxes and the like. (See Design Handbook for examples of appropriate treatments.)
[4]
Loading docks and overhead doors. Loading docks and overhead doors must be located on the side or rear of the building and screened from view from adjacent properties in residential use.
(c)
Landscaping site improvements.
[1]
To achieve attractive and environmentally sound site design and appropriate screening of parking areas, in addition to the landscaping standards contained in Chapter 16.7 the following landscaping requirements apply to new and modified existing developments:
[2]
Landscape planter strip. A vegetated landscape planter strip must be provided a minimum of 15 feet in depth adjacent to the right-of-way of all public roads and include the following landscape elements:
[a]
Ground cover. The entire landscape planter strip must be vegetated except for approved driveways, walkways, bikeways and screened utility equipment.
[b]
Street-side trees. A minimum of one tree must be planted for each 50 feet of street frontage. The trees may be spaced along the frontage or grouped or clustered to enhance the visual quality of the site. (See Design Handbook for examples.) The trees must be a minimum two-and-one-half-inch caliper and be at least 12 feet high at the time of planting. The species should be selected from the list of recommended street trees in the Town Design Handbook. Existing large healthy trees must be preserved if practical and will count toward this requirement.
[3]
Special situations.
[a]
Expansions of less than 1,000 square feet to existing uses are exempt from the landscaping standard of this subsection.
[b]
Depth of landscape planter strip. In instances where the required minimum depth of the landscape planter strip is legally utilized, in accordance with previous permits or approvals, for parking, display, storage, building or necessary vehicle circulation, the depth may be narrowed by the Planning Board to the minimum extent necessary to achieve the objective of the proposed project, provided that the required shrubs and perennials are planted along the street frontage to soften the appearance of the development from the public street.
[c]
Additions and changes in use. For additions to existing buildings and changes of residential structures to a nonresidential use, one tree (see list of recommended street trees in Design Handbook) is required to be planted for every 1,000 square feet of additional gross floor area added or converted to nonresidential use. In instances where parking, display area, storage, building or necessary vehicle circulation exists at the time of enactment of this section, the required trees may be clustered and/or relocated away from the road as is necessary to be practicable. The preservation of existing large trees is encouraged; therefore, the Planning Board may permit the preservation of existing healthy, large, mature trees within the landscape planter strip or other developed areas of the site to be substituted for the planting of new trees.
[4]
Outdoor service and storage areas. Service and storage areas must be located to the side or rear of the building. Facilities for waste storage such as dumpsters must be located within an enclosure and be visually buffered by fencing, landscaping and/or other treatments. (See Design Handbook for examples of appropriate buffering.)
(d)
Traffic and circulation standards.
[1]
Sidewalks and roadways must be provided within the site to internally join abutting properties that are determined by the Planning Board to be compatible. In addition, safe pedestrian route(s) must be provided to allow pedestrians to move within the site and between the principal customer entrance and the front lot line where a sidewalk exists or will be provided or where the Planning Board determines that such a route is needed for adequate pedestrian safety and movement. (See Design Handbook for appropriate examples.)
(e)
Open space standards.
[1]
Open space must be provided as a percentage of the total area of the lot, including freshwater wetlands, water bodies, streams and setbacks. 20% of each lot must be designated as open space. Required open space must be shown on the plan with a note dedicating it as "open space." The open space must be located to create an attractive environment on the site, minimize environmental impacts, protect significant natural features or resources on the site, and maintain wildlife habitat. Individual large, healthy trees and areas with mature tree cover should be included in the open space. Where possible, the open space must be located to allow the creation of continuous open space networks in conjunction with existing or potential open space on adjacent properties. The required amount of designated open space is reduced to 10% of each lot that is less than 40,000 square feet in size.
(4)
C-1 and C-3 Zone standards for attached single-family dwellings, multifamily dwellings, two-family dwellings where more than one two-family dwelling is proposed for a single lot, cottage clusters, and dwelling units as part of a mixed-use building:
(a)
Design standards. See Kittery's Design Handbook for further information on how these standards can be met.
[1]
Sidewalks must be installed within the right-of-way to meet minimum requirements as specified in § 16.5.27, subject to review and approval by the Department of Public Works and MaineDOT if required.
[2]
Connectivity between new housing development and adjacent existing or new commercial areas is required. This connectivity must, at minimum, include sidewalks or walkways. In the C-1 Zone, connectivity may also include vehicular access coupled with sidewalks or walkways between residential and commercial areas. Connectivity must be pedestrian-friendly with appropriately scaled improvements such as eight-foot wide sidewalks and human-scaled lighting.
[3]
On-street parking is encouraged on new or existing private roads off Route 1, and may be considered as a part of a joint use parking plan when such on-street parking is proposed as part of a development or redevelopment plan.
[4]
All service areas for dumpsters, compressors, generators and similar items must be screened by a fence at least six feet tall, constructed of a material similar to surrounding buildings, and must surround the service area except for the necessary ingress/egress.
[5]
Parking must be located behind multifamily dwellings and mixed-use buildings with residential dwelling units when viewed from the street. The Planning Board may allow parking to the side or front of such residential or mixed-use buildings at its discretion, but it is incumbent upon the applicant to demonstrate why rear parking is not feasible.
[6]
Lighting plans, including lighting fixture designs and photometric plans must be included at the time of application submission. All fixtures must be cut off to prevent light trespass and meet all requirements of § 16.7.11H.
[7]
A single new two-family dwelling proposed for a lot, the addition of another dwelling unit to an existing single-family residence to create a two-family dwelling and the addition of an ADU (accessory dwelling unit) to a single-family residence is exempt from these design standards.
(b)
Open space standards.
[1]
Open space must be provided as a percentage of the total area of the lot, and may include wetlands, water bodies, streams, and setbacks. Fifteen percent of each lot must be designated as open space.
[2]
For multifamily dwellings, mixed-use buildings with residential dwelling units and attached single-family dwellings, in cases where the property does not meet the 15% requirement due to existing development, and where redevelopment will remain at the same or comprise a lower percentage of the lot, the Planning Board may, at its discretion, allow a smaller percentage of open space. In granting this concession, the Board may require more intensive landscape plantings.
(c)
Parking standards. The following minimum off-street parking requirements must be provided and maintained in case of new construction, alterations, and changes of use:
[1]
Parking requirements must be met on site unless an existing building covers so much of the lot as to make the provision of parking impractical in whole or in part. If meeting the parking requirements is not practical, then the parking demand may be satisfied off site or through joint-use agreements as specified herein. Notwithstanding the off-street parking requirements in Article IX of Chapter 16.8, minimum parking requirements for the uses below are modified as specified:
[a]
Dwelling units: one parking space per dwelling unit.
[b]
For multifamily dwellings, if more than 10 parking spaces are required, up to 20% of the parking may be designated for compact cars. See § 16.7.11.F, Off-street parking standards.
[c]
When more than 50% of the dwelling units proposed are affordable as defined by this code, two parking spaces for every three dwelling units.
[Added 11-27-2023]
[2]
Off-site parking. Required off-street parking may be satisfied at off-site locations, provided such parking is on other property owned by the applicant or is under the terms of a contractual agreement that will ensure such parking remains available for the uses served. Applicant must present evidence of a parking location and a contractual agreement;
[3]
Joint-use parking. Required off-street parking may also be satisfied by the joint use of parking space by two or more uses if the applicant can show that parking demand is nonconflicting and will reasonably provide adequate parking for the multiple uses without parking overflowing into undesignated areas. Nonconflicting periods may consist of daytime as opposed to evening hours of operation or weekday as opposed to weekends or seasonal variation in parking demand.
[a]
Such joint parking areas must be held under ownership of the applicant or under terms of a contractual agreement that ensures such parking remains available to all users of the shared parking spaces;
[b]
Determination of parking adequacy will be based on a most frequent basis, not a "worst case" scenario;
[c]
Joint use parking areas must be located within 1,500 feet of the uses served, but do not need to be located on the same lot as the uses served;
[d]
Ease and safety of pedestrian access to shared parking by the users served must be demonstrated to the municipal permitting authority's satisfaction, including any proposed improvements, such as crosswalks or shuttle service that may be offered and its requisite loading/unloading areas;
[e]
Such joint parking areas must not be located in residential zones of the Town.
[4]
In making determinations on off-site or joint-use parking under a development plan review, the municipal permitting authority with jurisdiction to review and approve will make a final determination of the joint-use and/or off-site spaces that constitute an acceptable combination of spaces to meet the required parking demand.
[5]
Electric car charging stations are allowed in parking lots but must not interfere with pedestrian movement on sidewalks.
(d)
Landscaping and screening.
[1]
For new multifamily, attached single-family, or dwelling units as part of a mixed-use building or any new residential use that will create more than three dwelling units on a site, the following standards apply:
[a]
A landscape plan prepared by a registered landscape architect is a submission requirement. However, a landscape plan done by other design professionals may be allowed at the Planning Board's discretion.
[b]
A minimum of one street tree must be planted for each 25 feet of street frontage. Trees may be planted in groups or spaced along the frontage. However, trees must be planted to ensure survival, using silva cells, bioretention cells or tree wells. Trees are to be a minimum of 2.5-inch caliper and 12 feet high at the time of planting. Existing large healthy trees must be preserved if practical and will count towards this requirement. Trees proposed within the right-of-way must remain under 20 feet tall at maturity.
[c]
Surface parking lots designed for five or more cars that will service multifamily or mixed-use buildings with dwelling units and which abut a street, an existing single- family use, or a residential zone, must provide screening in one of the following ways:
[1]
One tree per 25 feet of street frontage backed by a fence constructed of a material similar to surrounding buildings which must screen the parking area from the street except for necessary vehicular and pedestrian access. To ensure survival, trees must be planted using silva cells, bioretention cells or tree wells. Trees must be at least 2.5-inch caliper and 12 feet high at the time of planting. Existing large healthy trees must be preserved if practical and will count towards this requirement. Trees proposed within the right-of-way must remain under 20 feet tall at maturity.
[2]
A combination of trees and shrubs including at least 50% evergreen species, all at least six feet high at time of planting, in a planting bed at least eight feet wide. Plantings must be sufficient, as determined by the Planning Board, to screen the parking area from the street except for necessary vehicular and pedestrian access. Planting beds may be mulched but no dyed-mulching material may be used.
[d]
A minimum of 10% of any surface parking area consisting of 10 or more spaces must be landscaped with trees and vegetated islands. This requirement is in addition to the aforementioned screening and street tree requirements.
[e]
Native trees are preferred and must be drought- and salt-tolerant when used along streets. A diversity of tree species (three to five species per every 12 trees) is required to provide greater resiliency to threats from introduced insect pests and diseases.
[f]
Any required plantings that do not survive must be replaced within one year. This requirement does not expire and runs with the land.
(e)
Buffers.
[1]
Buffers are required between new residential uses and existing nonresidential uses and must be at least 10 feet wide. A buffer plan must be prepared in conjunction with the landscape plan as described in Subsection E(4)(d)[1][a] above and consist of:
[a]
A fence at least six feet high, constructed of material similar to surrounding buildings, with plantings of trees at least six feet tall at time of planting and shrubs on the new residential side of the fence.
[b]
Ground cover plantings such as perennials or ornamental grasses must be used where appropriate.
[c]
Plantings must be provided with irrigation to enhance survival unless they are part of a bioretention cell, rain garden or tree well.
[d]
Any required plantings that do not survive must be replaced within one year. This requirement does not expire and runs with the land.
[2]
Buffers are required between new residential uses and existing single-family uses and must be at least 10 feet wide. A buffer plan must be prepared in conjunction with the landscape plan as described in Subsection E(4)(d)[1][a] above and consist of:
[a]
A fence at least six feet high, constructed of material similar to surrounding buildings, with plantings of trees and shrubs at least six feet tall on the new residential side of the fence; or
[b]
Plantings of trees at least six feet tall and shrubs, including at least 50% evergreen species. Such plantings must ensure adequate buffering and screening is achieved as determined by the Planning Board.
[c]
Ground cover plantings, such as perennials or ornamental grasses must be used where appropriate.
[d]
Plantings must be provided with irrigation to enhance survival unless they are part of a bioretention cell, rain garden or tree well.
[e]
Any required plantings that do not survive must be replaced within one year. This requirement does not expire and runs with the land.
F.
Shoreland Overlay Zone OZ-SL — Commercial — 3 Zone (C-3).
(1)
Permitted uses.
(a)
Accessory buildings, structures, and uses.
(b)
Home occupation, major.
(c)
Home occupation, minor.
(d)
Aquaculture.
(e)
Recreation, public facility.
(f)
Recreation, public open space.
(g)
Recreation, selected commercial.
(h)
Public utility facility.
(i)
Commercial school.
(j)
Public or private school.
(k)
Nursery school.
(l)
Hospital.
(m)
Elder care facility.
(n)
Nursing care facility, long-term.
(o)
Convalescent care facility.
(p)
Public facility.
(q)
Religious use.
(r)
Private assembly.
(s)
Energy storage system, residential.
[Added 4-11-2022]
(t)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(u)
Solar energy system, ground-mounted small-, medium- and large-scale (under 20,000 square feet).
[Added 4-11-2022]
(2)
Special exception uses.
(a)
Adult entertainment establishment, not located within 1,000 feet of an existing private residence, school or place of worship.
(b)
Art studio or gallery.
(c)
Boatyard.
(d)
Business and professional offices.
(e)
Business services.
(f)
Commercial fisheries/maritime activities, provided only incidental cleaning and cooking of seafood occur at the site.
(g)
Parking area.
(h)
Conference center.
(i)
Construction services.
(j)
Day-care facility.
(k)
Funeral home.
(l)
Retail sales, convenience.
(m)
Mass transit station.
(n)
Motel.
(o)
Hotel.
(p)
Rooming house.
(q)
Inn.
(r)
Mini storage.
(s)
Personal service.
(t)
Public assembly area.
(u)
Theater.
(v)
Research and development.
(w)
Restaurant.
(x)
Retail sales.
(y)
Wholesale business.
(z)
Shops in pursuit of trade.
(aa)
Transportation terminal (excluding truck stops).
(bb)
Veterinary hospital.
(cc)
Warehousing and storage.
(dd)
Energy storage system, dedicated-use building.
[Added 4-11-2022]
(ee)
Solar energy system, ground-mounted large-scale (above 20,000 square feet).
[Added 4-11-2022]
§ 16.4.22 Industrial (IND).
A.
Purpose. The purpose of the Industrial IND Zone is to provide areas within the Town for manufacturing, processing, treatment and research, to which end all the performance standards set forth in this title apply.
B.
Permitted uses. The following uses are permitted in the IND Zone:
(1)
Accessory buildings, structures, and uses.
(2)
Home occupation, major.
(3)
Home occupation, minor.
(4)
Research and development.
(5)
Industry, heavy.
(6)
Energy storage system, commercial.
[Added 4-11-2022]
(7)
Energy storage system, dedicated-use building.
[Added 4-11-2022]
(8)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(9)
Solar energy system, ground-mounted small-, medium- and large-scale (under 20,000 square feet).
[Added 4-11-2022]
(10)
Solar energy system, ground-mounted large-scale (above 20,000 square feet).
[Added 4-11-2022]
D.
Standards.
(2)
The following space standards apply:
(a)
Minimum area of lot: none.
(b)
Minimum street frontage: none.
(c)
Minimum front yard: none.
(d)
Minimum rear and side yards: 30 feet. (Note: Except as may be required by the buffer provisions of this title, and except where the side and/or rear yards abut a residential zone or use; in which case a minimum of 50 feet or 50% of the building or outdoor stored material height, whichever is greater, is required.)
(e)
Maximum building height: none.
(f)
Maximum building coverage: none.
(g)
Minimum setback from water body and wetland water-dependent uses: zero feet.
E.
Shoreland Overlay Zone OZ-SL — Industrial Zone (IND).
(1)
Permitted uses.
(a)
Accessory use and building.
(b)
Home occupation, major.
(c)
Home occupation, minor.
(d)
Research and development.
(e)
Energy storage system, commercial.
[Added 4-11-2022]
(f)
Solar energy system, building-integrated and roof-mounted.
[Added 4-11-2022]
(g)
Solar energy system, ground-mounted small-, medium- and large-scale (under 20,000 square feet).
[Added 4-11-2022]
(h)
Solar energy system, ground-mounted large-scale (above 20,000 square feet).
[Added 4-11-2022]
§ 16.4.23 Mixed-Use (MU).
[Amended 4-11-2022; 11-27-2023; 5-13-2024; 12-9-2024; 6-23-2025]
A.
Purpose.
(1)
To provide opportunities for a mix of office, service, and limited residential and retail uses, to alter the pattern of commercial activity on Route 1, to serve Kittery's needs, and to minimize traffic congestion. A mix of uses on a site is desired and, in some cases, required; a continuation of strip development is not encouraged in this zone. The Mixed-Use Zone is intended to accommodate growth.
(2)
The purpose of large lot sizes, open space standards, and frontage requirements is to limit the number of access points along U.S. Route 1, to encourage the development of service roads which may serve several developments, and to create development that will retain the predominant rural character of the zone. Other objectives are to encourage an orderly and safe traffic flow along U.S. Route 1, pedestrian safety, and an attractive site design enhanced by landscaping, open space, and restrictions on the locations of parking. These development goals are supported by the principles and objectives identified in the Town's Design Handbook, Kittery Maine.
B.
Permitted uses.
(1)
Accessory dwelling units.
(2)
Dwelling, single-family (limited to lots of record as of April 1, 2004).
(3)
Dwelling, multifamily (limited to the upper floors of mixed-use building that is served by public sewerage).
(4)
Dwelling, multifamily 2-4 "limited."
(5)
Convalescent care facility.
(6)
Nursing care facility, long-term.
(7)
Residential care facility.
(8)
Accessory buildings, structures, and uses.
(9)
Home occupations, major.
(10)
Home occupations, minor.
(11)
Inn.
(12)
Day-care facility.
(13)
Hospital.
(14)
Private assembly (which is not used for residential or overnight occupancy).
(15)
Public facility.
(16)
Public or private school (which is not used for residential or overnight occupancy).
(17)
Recreation, commercial indoor.
(18)
Recreation, commercial outdoor.
(19)
Recreation, public open space.
(20)
Agriculture.
(21)
Commercial school (which is not used for residential or overnight occupancy).
(22)
Timber harvesting.
(23)
Veterinary hospital.
(24)
Art studio or gallery.
(25)
Business and professional offices.
(26)
Funeral home.
(27)
Personal services.
(28)
Repair service.
(29)
Research and development.
(30)
Restaurant.
(31)
Retail sales (a single use not to exceed 50,000 square feet in gross floor area).
(32)
Retail sales, building materials and garden supply.
(33)
Retail sales, convenience.
(34)
Specialty food and/or beverage facility.
(35)
Theater.
(36)
Boatyard.
(37)
Mass transit station.
(38)
Industry, light (less than or equal to 20,000 square feet in gross floor area).
(39)
Parking area.
(40)
Energy storage system, commercial.
(41)
Energy storage system, residential.
(42)
Solar energy system, building-integrated and roof-mounted.
(43)
Solar energy system, ground-mounted small-scale.
C.
Special exception uses.
(1)
Aged-restricted housing.
(2)
Campground.
(3)
Recreational vehicle park.
(4)
Construction services.
(5)
Commercial kennel.
(6)
Commercial greenhouses.
(7)
Theater, drive-in.
(8)
Gas service station.
(9)
Industry, light (greater than 20,000 square feet in gross floor area).
(10)
Mechanical services.
(11)
Motel.
(12)
Hotel.
(13)
New motor vehicle sales.
(14)
Public utility facilities.
(15)
Repair garage.
(16)
Retail sales (a single use greater than 50,000 square feet in gross floor area and less than 150,000 square feet in gross floor area).
(17)
Shop in pursuit of trade.
(18)
Transportation terminal.
(19)
Wholesale business.
(20)
Energy storage system, dedicated-use building.
(21)
Solar energy system, ground-mounted medium- and large-scale (above 20,000 square feet).
D.
Standards.
(2)
Minimum dimensional standards. The following apply:
(b)
Minimum street frontage on road with access along U.S. Route 1, Haley Road, Lewis Road, or Cutts Road: 250 feet.
[1]
Other streets or approved ways: 150 feet.
(c)
Minimum front yard: 30 feet.
(d)
Minimum rear and side yards: 30 feet.
(e)
Maximum building height: 40 feet.
(f)
Maximum height above grade of building-mounted signs: 40 feet.
(g)
Minimum setback from water body and wetland water-dependent uses: zero feet.
(h)
Minimum setback from streams, water bodies and wetlands: in accordance with Table 16.5.30, § 16.4.28 and Appendix A, Fee Schedules.
(j)
Minimum lot area per bed for nursing care and convalescent care facilities that are connected to the public sewerage system: 2,000 square feet.
(k)
Buffer to I-95 right-of-way: 40 feet.
(l)
Buffer to neighboring lot with an existing residence within 100 feet of the lot line: 40 feet.
(m)
Vegetated buffer to be maintained between the MU and R-RL Zones: 40 feet.
Note 1: For single-family dwellings and vacant lots of record, one dwelling unit is allowed for each 200,000 square feet of lot area. A lot of record having a lot area of more than 200,000 square feet that was improved with a single-family dwelling as of April 1, 2004, may: a. be divided into two lots, provided that each of the lots contains at least 40,000 square feet of lot area and meets the other dimensional standards of the zone. Section 16.4.10D(1) and (2) as set forth in the Residential - Rural Zone apply and no further subdivision is allowed.
Note 2: For dwelling units that are part of a mixed-use building or a multifamily building and are connected to the public sewerage system, one dwelling unit is allowed for each 10,000 square feet of lot area. Where over 50% of such dwelling units described above will be affordable as defined by this code: 4,000 square feet of lot area. [NOTE: Multifamily dwellings are not allowed in either Resource Protection or Shoreland Overlay Zones.] If the parking for the residential units is encompassed within the building, the minimum required buildable lot area per dwelling unit is reduced to 7,500 square feet. Where over 50% of the dwelling units will be affordable as defined by this code and parking is encompassed within the building: 3,000 square feet of buildable lot area. In addition, for those developments where more than 50% of the dwelling units will be affordable, parking requirements are reduced to two parking spaces per three dwelling units.
Note 3: For aged-restricted dwelling units that are connected to the public sewerage system, one dwelling unit is allowed for each 15,000 square feet of buildable land area. Within the Resource Protection and Shoreland Overlay Zones, one dwelling unit is allowed for each 40,000 square feet of land within these zones. If the parking for the aged-restricted units is encompassed within the building, the minimum required buildable land area per dwelling unit is reduced to 10,000 square feet, except in the Resource Protection and Shoreland Overlay Zones where the area per dwelling unit remains 40,000 square feet.
(3)
Retail use limitation. Retail use, including parking areas and other supporting unvegetated areas for retail use, is limited to not more than 30% of the developable area of any lot or portion of a lot within the Mixed-Use Zone.
(4)
Mixed-use requirement. The Mixed-Use Zone is intended for the creation of an area in the Town that has a mix of uses and in which no single type of use predominates. To this end, larger scale projects must incorporate a mix of principal uses into the development. Any new development that creates more than 20,000 square feet of gross floor area must include at least two principal uses as set forth in the list of permitted uses and special exceptions. To fulfill this requirement, the smaller use or combination of smaller uses must contain at least 10% of the gross floor area. The combination of retail uses that are permitted uses and one larger retail use allowed as a special exception does not fulfill this requirement. This provision does not apply to the development of a single lot of record as of April 1, 2004, that has a lot area of less than 200,000 square feet.
(5)
Location and screening of parking areas. All new parking areas must be located at the side of, and/or to the rear of, principal buildings. Where unique circumstances exist and it is demonstrated to the Planning Board that prohibition of parking in front of the principal building is not practicable, with the Board's approval, 10 or fewer parking spaces may be located closer to the front lot line than a principal building. All new or altered parking must be visually screened from U.S. Route 1, Lewis Road, Cutts Road, and Haley Road by extensive landscaping, earthen berms, and/or fencing (see Design Handbook for examples of acceptable screening).
(6)
Building design standards. Kittery's characteristic buildings reflect its historic seacoast past. The primary architectural styles are New England Colonial (such as Cape Cod and saltbox), Georgian, Federal, and Classical Revival. New buildings should be compatible with Kittery's characteristic styles in form, scale, material, and color. In general, buildings should be oriented to the street with the front of the building facing the street. The front or street facade must be designed as the front of the building. The front elevation must contain one or more of the following elements: 1) a front door, although other provisions for access to the building may be provided, 2) windows, or 3) display cases (see Design Handbook for examples of acceptable materials and designs). Though strict imitation is not required, design techniques can be used to maintain compatibility with characteristic styles and still leave enough flexibility for architectural variety. To achieve this purpose, the following design standards apply to new and remodeled building projects:
(a)
Exterior building materials and details. Building materials and details strongly define a project's architectural style and overall character (see Design Handbook for examples of acceptable materials, building scale, and designs). "One-sided" schemes are prohibited; similar materials and details must be used on all sides of a building to achieve continuity and completeness of design.
[1]
Predominant exterior building materials. Predominant exterior building materials must be of good quality and characteristic of Kittery, such as horizontal wood board siding, vertical wood boards, wood shakes, brick, stone or simulated stone, glass and vinyl, or metal clapboard. Stucco, adobe, sheet metal, standard concrete block, tilt-up concrete panels, plywood or particle board are prohibited as the primary materials.
[2]
Blank walls. A wall may not extend for a length of more than 50 linear feet without an architectural feature such as a dormer, pilaster, cornice, corner, window, porch, or visually compatible door to break up the large mass of a featureless wall (see Design Handbook for examples of the appropriate treatment of walls). As an exception, walls with a clapboard facade may extend for a length of up to 100 feet without such an architectural feature.
[3]
Light industrial and boatyard uses. Such uses must comply with the above standards only along the front face and extending back 100 feet along the side walls.
(b)
Roofs. Roofs must meet the following standards:
[1]
Form. A building's prominent roofs must be pitched a minimum of 4:12 unless demonstrated to the Planning Board's satisfaction that this is not practicable. Acceptable roof styles are gabled, gambrel, and hipped roofs. Flat roofs, shed roofs, and roof facades (such as "stuck on" mansards) are not acceptable as primary roof forms.
[2]
Color. Roof colors must be muted (see Design Handbook for examples).
[3]
Rooftop mechanical and electrical equipment. Rooftops must be free of clutter. The roof design must screen or camouflage rooftop protrusions to minimize the visual impact of air conditioning units, air handler units, exhaust vents, transformer boxes, and the like (see Design Handbook for examples of appropriate treatments). Interior-mounted equipment is encouraged. Whenever possible, utility equipment areas must be placed in an obscure location and screened from view.
[4]
Loading docks and overhead doors. Loading docks and overhead doors must be located on the side or rear of the building and be screened from view from public streets.
(7)
Landscaping standards. To achieve attractive and environmentally sound site design, and appropriate screening of parking areas, in addition to the landscaping standards contained in Chapters 16.7 and 16.8, the following landscaping requirements apply to new and modified existing developments:
(a)
Landscape planter strip. A vegetated landscape planter strip 30 feet in depth (as measured from the edge of the property line) must be provided along the length of all developed portions of a parcel that are adjacent to a street right-of-way. The planter strip must include the following landscape elements:
[1]
Ground cover. The entire landscape planter strip must be vegetated except for approved driveways, walkways, bikeways, and screened utility equipment.
[2]
Street-side trees. A minimum of one street tree must be planted for each 25 feet of street frontage. The trees may be spaced along the frontage or grouped or clustered to enhance the visual quality of the site (see Design Handbook for examples). The trees must be a minimum 2.5-inch caliper, and be at least 12 feet high at the time of planting. The species should be selected from the list of approved street trees in the Design Handbook. Existing large healthy trees must be preserved if practical and will count toward this requirement.
[3]
Planter strip. Shrubs and flowering perennials must be planted at a minimum of 10 plants per 40 linear feet of street frontage unless existing woodlands are being retained or such planting is inconsistent with the retention of rural landscape features. The plant material should be selected from the list of approved materials in the Design Handbook. The plants must be placed within the planter strip to enhance the visual character of the site and augment natural features and vegetation (see Design Handbook for examples of appropriate treatments).
[4]
Special situations.
[a]
Expansions of less than 500 square feet to existing uses are exempt from the landscaping standard of this subsection.
[b]
Depth of landscape planter strip. In instances where the required average depth of the landscape planter strip is legally utilized, in accordance with previous permits or approval, for parking, display, storage, building, or necessary vehicle circulation, the depth may be narrowed by the Planning Board to the minimum extent necessary to achieve the objective of the proposed project, provided that the required shrubs and perennials are planted along the street frontage to soften the appearance of the development from the public street. If providing the required landscape planter strip along with other required landscaping and required vegetated areas in and around wetlands would cause the project to exceed the required open space standards, the depth of the landscape planter strip and the front yard may be reduced by the Planning Board so that the open space standards are not exceeded, but in no case to less than 20 feet for this reason.
[c]
Additions and changes in use. For additions to existing buildings and changes of residential structures to a nonresidential use, one streetside tree (see list of recommended street trees in Design Handbook) is required for every 500 square feet of additional gross floor area added or converted to nonresidential use. In instances where parking, display area, storage, building or necessary vehicle circulation exists at the time of enactment of this section, the required trees may be clustered and/or relocated away from the road as is necessary to be practicable. The preservation of existing large trees is encouraged; therefore, the Planning Board may permit the preservation of existing healthy, large, mature trees within the landscape planter strip or other developed areas of the site to be substituted for the planting of new trees.
[d]
Residences. Residential additions to existing single- and two-family dwellings and proposed single- and duplex-family dwellings are exempt from the landscaping standards of this subsection.
(b)
Buffer area. Where buffering is required, it must provide a year-round visual screen to minimize adverse impacts and screen new development (see Design Guidelines for examples of appropriate buffers for various situations), and may consist of fencing, evergreens, retention of existing vegetation, berms, rocks, boulders, mounds or combinations thereof. Within three growing seasons, the buffer must provide a year-round screen at least eight feet in height or such lower height as determined by the Planning Board to be appropriate for the situation. Buffer areas must be maintained and kept free of all outdoor storage, debris, and rubbish. The width of the buffer area may be reduced by the Planning Board if the function of the buffer is still fulfilled.
(c)
Rural landscape features. Rural landscape features such as stonewalls, berms, and other agricultural structures, and tree lines or fields must be retained to the maximum extent practicable.
(d)
Lighting. Outdoor lighting must provide the minimum illumination needed for the safe use of the site while enhancing the nighttime visual character of the site. Lighting must conform to the standards for outdoor lighting in § 16.7.11H.
(e)
Outdoor service and storage areas. Service and storage areas must be located to the side or rear of the building. Facilities for waste storage such as dumpsters must be located within an enclosure and be visually buffered by fencing, landscaping, and/or other treatments (see Design Handbook for examples of appropriate buffering).
(8)
Traffic and circulation standards. Sidewalks and roadways must be provided within the site to internally join abutting properties that are determined by the Planning Board to be compatible. In addition, safe pedestrian route(s) must be provided to allow pedestrians to move within the site and between the principal customer entrance and the front lot line where a sidewalk exists or will be provided or where the Planning Board determines that such a route is needed for adequate pedestrian safety and movement.
(9)
Open space standards. Open space must be provided as a percentage of the total area of the lot, including freshwater wetlands, water bodies, streams, and setbacks. Thirty-five percent of each lot must be designated as open space. Required open space must be shown on the plan with a note dedicating it as "open space."
(a)
An objective of the open space standard is to encourage the integration of open space throughout the entire development and with the open space on adjoining properties in order to alter the pattern of commercial activity along Route 1. To this end, a minimum of 25% of the required open space must be located in the front 50% of the lot area closest to U.S. Route 1, or if not fronting Route 1, closest to the public street used to enter the lot. The Planning Board may modify this requirement when it is demonstrated to the Board's satisfaction that the objective is met to the greatest practicable extent.
(b)
The open space must be located to create an attractive environment on the site, minimize environmental impacts, protect significant natural features or resources on the site, and maintain wildlife habitat. Where possible, the open space must be located to allow the creation of continuous open space networks in conjunction with existing or potential open space on adjacent properties.
(c)
Special situations.
[1]
Cases where integrating open space would require exceeding the open space standards. In cases where the topography, wetlands, and existing development on the lot dictates that more than 75% of the required open space be located outside the front portion of the lot, a percentage of the open space normally required in the front portion of the lot may be shifted to the rear portion of the lot in order to achieve the required amount of vegetated open space and not reduce the allowable developable area on the lot, provided minimum landscaping standards are satisfied.
[2]
Small lots. The required amount of designated open space is reduced to 20% of each lot that is less than 100,000 square feet in size.
(10)
Affordable housing requirements:
(11)
Conditions for approving special exception uses in the Mixed-Use Zone.
(a)
All special exception uses in the Mixed-Use Zone must be visually harmonious with the neighborhood and natural landscape by the use of adequate screening and/or architectural design as follows:
[1]
Screening. Must be screened and buffered through landscaping, fencing, planted berms, existing vegetation, and separations of spaces to shield neighbors from any adverse external effects of the facility and to integrate the facility into the landscape. Plantings must be of sufficient maturity to achieve the desired screening effect within three years.
[2]
Architectural compatibility. Must be in architectural harmony with the area in which it is located to the maximum extent practicable through the appropriate use of facade materials, roof style, scale, bulk, and architectural style and details.
[3]
Location. Facilities located aboveground must be sited so as to eliminate adverse impacts associated with the facility to the maximum extent practicable while still fulfilling the basic purpose of the facility.
(b)
Retail sales, a single retail use greater than 50,000 square feet in gross floor area and less than 150,000 square feet in gross floor area:
(c)
Gasoline service stations.
[1]
Visual screening. A year-round buffer area must be provided between the gasoline service station and neighboring uses in accordance with the landscaping standards of the Mixed-Use Zone regulations.
[2]
Separation distance. A gasoline service station may not be located within 2,000 feet of another service station.
[3]
Minimum distance, pump to existing structures. A fuel pump may not be located closer than 150 feet to an existing occupied structure located off the site of the gasoline service station.
(d)
Theater, drive-in.
[1]
To protect the tranquility and quality of life of existing residential uses in the vicinity of the proposed drive-in theater, the hours of operation must be limited to the degree necessary and/or adequate visual and sound buffers must be established.
(f)
Motel or hotel.
(g)
Public utility facility.
[1]
Public health and safety. Must not endanger the public health or safety.
[2]
Protect property values. Must not unreasonably reduce the value of abutting property without just compensation.
[3]
Prevent nuisances. Must prevent the emission of nuisances, such as but not limited to noise, odors, dust, gas, fumes, smoke, light, vibrations, and electrical interference, beyond the boundaries of the site to the maximum extent practicable.
(h)
Age-restricted housing.
[1]
Location suitability. The location of the site must allow it to be developed so that the residents of the project will be able to function as part of the community and have pedestrian access to services and facilities within the area.
[2]
Mixed use. If an aged-restricted housing component is proposed as part of the project, it must be an essential element of the mixed-use project and be designed to be an integrated part of the overall development.
(i)
Commercial greenhouses.
[1]
The greenhouses and any related outdoor storage or service areas or structures must be visually buffered from Route 1 and adjacent properties.
[2]
If the greenhouses will be internally lit between 9:00 p.m. and 6:00 a.m., the internal lighting may not be visible from adjacent properties including public streets.
[3]
The noise resulting from the operation of the facility as measured at the property line must be comparable with other uses in the MU Zone during the period between 9:00 p.m. and 6:00 a.m.
[4]
The greenhouses and related storage and service areas may not be located within 200 feet of any legally existing residential use, inn, motel or hotel, hospital, or nursing home/convalescent center on another lot.
(j)
Industry, light (greater than 20,000 square feet in gross floor area), transportation terminal, or wholesale business.
[1]
The building and any related outdoor storage or service areas or structures must be visually buffered from Route 1 and adjacent properties by other uses allowed in the zone and/or by a landscaped buffer strip.
[2]
If the area between this use and Route 1 is not developed for another permitted use or special exception, it must be maintained as a naturally vegetated buffer in addition to the provision of a landscape planter strip.
[3]
The noise resulting from the operation of the facility as measured at the property line must be comparable with other uses in the MU Zone during the period between 9:00 p.m. and 6:00 a.m.
[4]
The use and related storage and service areas may not be located within 200 feet for any legally existing residential use, inn, motel or hotel, hospital, or nursing home/convalescent center on another lot.
E.
Shoreland Overlay Zone OZ-SL — Mixed-Use Zone (MU).
(1)
Permitted uses.
(a)
Agriculture.
(b)
Art studio or gallery.
(c)
Dwellings, limited to the following:
[1]
Dwellings on lots of record as of April 1, 2004, if located farther than 100 feet from the normal high-water line of any water bodies, or the upland edge of a freshwater wetland.
[2]
Dwelling units on the upper floors of a mixed-use building if served by public sewer and if located farther than 100 feet from the normal high-water line of any water bodies, or the upland edge of a freshwater wetland.
(d)
Religious use.
(e)
Home occupation, major.
(f)
Home occupation, minor.
(g)
Private assembly (which is not used for residential or overnight occupancy).
(h)
Public facility.
(i)
Recreation, public open space.
(j)
Research and development.
(k)
Timber harvesting.
(m)
Solar energy system, building-integrated and/or roof-mounted.
(2)
Special exception uses.
(a)
Accessory buildings, structures, and uses.
(b)
Boatyard.
(c)
Business and professional offices.
(d)
Commercial kennel.
(e)
Parking area.
(f)
Construction services.
(g)
Convalescent care facility.
(h)
Nursing care facility, long-term.
(i)
Day-care facility.
(j)
Residential care facility.
(k)
Funeral home.
(l)
Retail sales, convenience.
(m)
Retail sales (a single use not to exceed 50,000 square feet in gross floor area).
(n)
Hospital.
(o)
Inn.
(p)
Commercial school (which is not used for residential or overnight occupancy).
(q)
Public or private school (which is not used for residential or overnight occupancy).
(r)
Mass transit station.
(s)
Motel.
(t)
Hotel.
(u)
Personal services.
(v)
Public utility facility.
(w)
Repair services.
(x)
Research and development.
(y)
Restaurant.
(z)
Recreation, selected commercial.
(aa)
Shop in pursuit of trade.
(bb)
Specialty food and/or beverage facility.
(cc)
Theater.
(dd)
Transportation terminal.
(ee)
Veterinary hospital.
(ff)
(Reserved)
(gg)
Wholesale business.
F.
Resource Protection Overlay Zone OZ-RP and Stream Protection Overlay OZ-SL-75 — Mixed-Use Zone (MU).
(2)
Special exception uses.
(a)
Accessory uses and buildings.*
(b)
Agriculture.
(c)
Home occupations, major.
(d)
Home occupations, minor.
(e)
Public utility facility.
(f)
Dwelling, single-family (on lots of record as of April 1, 2004).*
(g)
Solar energy system, ground-mounted, for residential use or home occupation use only.*
(h)
Energy storage system, residential.*
*If in the Stream Protection Overlay Zone, a variance for the required 75-foot setback is required from the Board of Appeals prior to Planning Board review. |
§ 16.4.24 Mixed-Use - Badger Island (MU-BI).
[Amended 4-11-2022; 11-27-2023; 5-13-2024; 7-22-2024; 12-9-2024]
A.
Purpose.
(1)
The purpose of the Mixed-Use - Badgers Island MU-BI Zone is to provide opportunities for a wide variety of uses, including marine-related activities, offices, restaurants, shops, residences and services, to take advantage of a unique island setting located within walking distance to both downtown Portsmouth and downtown Kittery, in which water and sewer services are available to support development.
(2)
This zone is further intended to develop standards appropriate for existing small lot sizes and street frontages to encourage investment in buildings that will contribute to the revitalization of the greater Kittery Foreside area while balancing business and residential interests to keep property values up and maintain an urban residential quality of life in the zone.
B.
Permitted uses. The following uses are permitted in the MU-BI Zone:
(1)
Accessory dwelling units.
(2)
Dwellings, multifamily 2-4 "limited."
(3)
Dwellings, manufactured housing.
(4)
Dwelling, multifamily.
(5)
Dwellings, single-family.
(6)
Accessory buildings, structures, and uses.
(7)
Home occupations, major.
(8)
Home occupations, minor.
(9)
Inn.
(10)
Day-care facility.
(11)
Private assembly.
(12)
Public facility.
(13)
Public or private school.
(14)
Religious use.
(15)
Recreation, public open space.
(16)
Aquaculture.
(17)
Commercial fisheries/maritime activities (provided only incidental cleaning and cooking of seafood occur at the site).
(18)
Commercial school.
(19)
Art studio or gallery.
(20)
Business and professional offices.
(21)
Conference center.
(22)
Personal service.
(23)
Restaurant (with the hours of operation limited to 5:00 a.m. to 11:00 p.m., but excluding restaurants where ordering and/or pickup of food may take place from a motorized vehicle).
(24)
Retail sales (excluding those with any outdoor sales and/or storage).
(25)
Specialty food and/or beverage facility.
(26)
Boatyard.
(27)
Marina.
(28)
Mass transit station.
(29)
Mechanical services.
(30)
Energy storage system, commercial.
(31)
Energy storage system, residential.
(32)
Solar energy system, building-integrated and roof-mounted.
(33)
Solar energy system, ground-mounted small-scale.
C.
Special exception uses. The following uses are permitted as special exception uses in the MU-BI Zone:
D.
Standards.
(1)
The following space standards apply:
(a)
Minimum lot area per dwelling unit: 3,000 square feet.
[1]
If more than 50% of the dwelling units will be affordable housing units as defined by this code: 1,200 square feet.
(b)
Minimum lot size: 6,000 square feet.
(c)
Minimum street frontage: 50 feet.
(d)
Minimum front yard: five feet.
(e)
Minimum rear and side yards: 10 feet.
(f)
Maximum building height: 40 feet.
(h)
Minimum open space on the site: 40%. (Note: The Planning Board may reduce the required open space to 30% where it is clearly demonstrated that no practicable alternative exists to accommodate a water-dependent use.)
(3)
Appropriate waterfront activity incentives. To encourage objectives of the Comprehensive Plan to: 1) provide public access to the waterfront; 2) retain and expand functionally water-dependent uses; and 3) take extraordinary steps to preserve the environmental quality of the shoreline and tidal waters, the required setback from water bodies and wetlands may be reduced to 25 feet where the Planning Board finds a development plan significantly contributes to accomplishment of the above objectives by satisfactorily achieving one or more of the following:
(a)
Public access. Grants an easement to the Town, or other acceptable party, providing public access to the waterfront at no charge to the general public via a developed accessible pedestrian route with appropriate signage or includes an outdoor deck or patio for customer seating at a restaurant open to the general public; or
(b)
Retain and/or expand commercial water-dependent uses. Provides for inclusion of functionally water-dependent use(s) on the property for the duration of the portion of the project that encroaches closer than the normal minimum setback from water bodies and wetlands. Provision of fewer than six boat slips for leisure/recreational boating do not constitute a commercial water-dependent use for the purposes of this section; or
(c)
Preserve the environmental quality of coastal resources. Protect existing wildlife habitat, conserve shore cover and ensure the quality of stormwater runoff by satisfying all of the following standards:
[1]
Retain and protect existing significant wildlife habitat that provides food, cover and/or nesting for migratory song birds and wading birds;
[2]
In order to conserve shore cover, contiguous areas of shrubberies of varying height, such as dwarf species of barberry, serviceberry, holly, crabapple, dogwood, cotoneaster, euonymus, firethorn and/or rosa rugosa, as well as erosion-resistant ground cover plantings must be retained and planted, and existing trees retained, wherever practicable in the setback;
[3]
Implementation of a stormwater management plan endorsed by the York County Soil and Water Conservation District (SCS), or the Town's engineering peer review consultant, that treats stormwater with appropriate BMPs and removes pollutants in accordance with the most-current edition of the Maine Department of Environmental Protection BMP Manual, Stormwater Management for Maine. Pollutants sought to be removed include suspended solids, nitrates, hydrocarbons and heavy metals. Such special treatment of the first flush of runoff may include detention, infiltration, filtering and trapping of pollutants.
(4)
Special parking standards.
(a)
Revised off-street parking standards. Off-street parking must be provided in accordance with § 16.7.11F unless modified below for the following uses:
[1]
Dwellings: 1 1/2 parking space for each dwelling unit; except for residential developments where more than 50% of the dwelling units will be affordable as defined by this code, parking requirements are reduced to two parking spaces per three dwelling units.
[2]
Retail stores: one parking space for each 400 square feet of gross floor area;
[3]
Drive-in restaurants, snack bars and fast-food outlets, but excluding restaurants where ordering and/or pickup of food may take place from a motorized vehicle: one parking space for every three seats, but in no case less than four spaces;
[4]
Conference centers: one parking space for every 60 square feet in the largest assembly or meeting room.
(b)
Joint-use parking. Required off-street parking may be satisfied by the joint use of parking spaces by two or more uses if the applicant can show that parking demand is nonconflicting and will reasonably provide adequate parking for multiple uses without parking overflowing into undesignated areas. Nonconflicting periods may consist of daytime as opposed to evening hours of operation or weekday as opposed to weekend hours of operation or seasonal variation in parking demand. In making this determination under development plan review, the Planning Board must consider the following factors:
[1]
Such joint parking areas must be held under ownership or under terms of a contractual agreement that ensures such parking remains available to all users of the shared parking spaces;
[2]
Analysis is based on a most frequent basis not a "worst case" scenario;
[3]
Joint-use parking areas must be located within reasonable distance to the uses served, but do not need to be located on the same parcel as the uses served;
[4]
Ease and safety of pedestrian access to shared parking by the users served, including any improvements or shuttle service necessary; and
[5]
Such joint parking areas may not be located in residential zoning districts.
(c)
Off-site parking. Required off-street parking for employee use may be satisfied at off-site locations located within 1,000 feet measured along lines of public access from the lot to be served, provided such parking area is on other property owned by the applicant or under terms of a contractual agreement that will ensure such parking remains available to the use served.
(d)
Employee parking. Required off-street parking for employee use may be satisfied at off-site locations greater than 1,000 feet from the lot served upon a finding by the Planning Board that such parking is practicable and will reasonably prevent overflow parking from occurring on Badgers Island in undesignated locations. In making this determination under development review, the Planning Board must consider the following factors:
[1]
Such parking must be located within a reasonable distance to the users.
[2]
Such parking area must be on other property of the applicant or under terms of a contractual agreement that will ensure such parking remains available to the use served.
[3]
Safe and convenient means of transporting users to and from the off-site parking must be demonstrated by the applicant.
[4]
Such off-site parking area must not be located in residential zones of the Town. Off-site parking for use by employees may deviate from the dimensional standards contained in § 16.7.11F, Table 2, Parking Space Design, if the applicant can demonstrate that the proposal practicably accommodates the number of parking spaces proposed.
(e)
Parking demand management (PDM) strategies.
[1]
Parking demand strategies are measures geared toward affecting the demand side of the parking equation rather than the supply side. They attempt to change people's behavior away from traveling to work as a single occupant in an automobile to be parked near the work site. To be successful, they must rely on incentives or disincentives to make these shifts in behavior attractive to the traveler.
[2]
A portion of required off-street parking may be satisfied by an owner incorporating PDM strategies to effectively reduce demand for parking stalls as determined by the Planning Board. In making this determination the Planning Board, under development plan review, must consider the following factors:
[a]
The written commitment of the employer to maintain and enforce parking policies to reduce demand for parking stalls;
[b]
The likelihood that specific incentives and policies adopted by the applicant will reduce parking demand on a regular basis throughout the year;
[c]
Written commitments by employees to participate in PDM strategies; and
[d]
The results of any studies demonstrating the effectiveness of strategies adopted by the applicant to reduce parking demand.
[3]
PDM strategies include, but are not limited to, the following:
[a]
Increase the number of persons per parked vehicle. Potential incentives:
[b]
Increase the number of persons using an alternative mode of travel to the automobile, such as walking, bicycling, motorcycle, moped, bus and shuttle service. Potential incentives:
[i]
Preferential parking locations for alternative modes of travel;
[ii]
Provision of changing rooms, lockers and showers;
[iii]
Early work release for employees using alternative modes of travel;
[iv]
Financial subsidies toward the purchase of alternative modes of travel to be used for commuting;
[v]
Guaranteed ride home programs in inclement weather;
[vi]
Preferential work station locations; and
[vii]
Free use of a business vehicle for errands, lunch and off-site appointments.
[c]
Influencing the time of, or need to, travel to work. Potential incentives:
E.
Shoreland Overlay Zone OZ-SL Mixed-Use — Badger's Island Zone (MU-BI).
(1)
(2)
Special exception uses.
(a)
Accessory buildings, structures, and uses.
(b)
Art studio or gallery.
(c)
Boatyard.
(d)
Business and professional offices.
(e)
Commercial fisheries/maritime activities (provided only incidental cleaning and cooking of seafood occur at the site).
(f)
Recreation, commercial indoor.
(g)
Recreation, commercial outdoor.
(h)
Day-care facility.
(i)
Retail sales (excluding those with any outdoor sales and/or storage).
(j)
Home occupation, major.
(k)
Home occupation, minor.
(l)
Inn.
(m)
Marina.
(n)
Personal services.
(o)
Business services.
(p)
Public assembly area.
(q)
Public utility facility.
(r)
Restaurant (with the hours of operation limited to 5:00 a.m. to 11:00 p.m., but excluding restaurants where ordering and/or pickup of food may take place from a motorized vehicle).
(s)
Commercial school.
(t)
Public or private school.
(u)
Public facility.
(v)
Religious use.
(w)
Private assembly.
(x)
Specialty food and/or beverage facility.
(y)
Theater.
F.
Resource Protection Overlay Zone OZ-RP — Mixed-Use - Badger's Island Zone (MU-BI).
(2)
Special exception uses.
(a)
Accessory uses and buildings.*
(b)
Home occupations, major.
(c)
Home occupations, minor.
(d)
Public utility facility.
(e)
Dwelling, single-family.*
(f)
Solar energy system, ground-mounted, for residential use only.*
(g)
Energy storage system, residential.*
*If in the Stream Protection Overlay Zone, a variance for the required 75-foot setback is required from the Board of Appeals prior to Planning Board review. |
§ 16.4.25 Mixed-Use - Kittery Foreside (MU-KF).
[Amended 4-11-2022; 11-27-2023; 11-27-2023; 5-13-2024; 5-13-2024; 12-9-2024]
A.
Purpose. The purpose of the Mixed-Use — Kittery Foreside MU-KF Zone is to provide business, service and community functions within the Mixed-Use — Kittery Foreside Zone and to provide a mix of housing opportunities in the historic urbanized center of the community and to allow for use patterns which recognize the densely built-up character of the zone and the limitations for providing off-street parking. Design standards are used to facilitate the revitalization of downtown Kittery Foreside as a neighborhood center, while promoting economic development of service businesses and walk-in shopping as well as respecting the zone's historic and residential character.
B.
Permitted uses. The following uses are permitted in the MU-KF Zone:
(1)
Accessory dwelling units.
(2)
Dwelling, multifamily 2-4 "limited."
(3)
Dwellings, single-family.
(4)
Dwellings, two-family.
(5)
Dwellings, multifamily.
(6)
Convalescent care facility.
(7)
Nursing care facility, long-term.
(8)
Residential care facility.
(9)
Accessory buildings, structures, and uses.
(10)
Home occupation, major.
(11)
Home occupation, minor.
(12)
Inn.
(13)
Hospital.
(14)
Nursery school.
(15)
Private assembly.
(16)
Public facility.
(17)
Public or private school.
(18)
Religious use.
(19)
Recreation, public open space.
(20)
Commercial fisheries/maritime activities, provided only incidental cleaning and cooking of seafood occur at the site.
(21)
Commercial school.
(22)
Art studio or gallery.
(23)
Business and professional offices.
(24)
Business service.
(25)
Personal service.
(26)
Public assembly area.
(27)
Restaurant.
(28)
Retail sales (excluding those where the principal activity entails outdoor sales and/or storage).
(29)
Specialty food and/or beverage facility.
(30)
Theater.
(31)
Marinas.
(32)
Mass transit station.
(33)
Parking area.
(34)
Energy storage system, commercial.
(35)
Energy storage system, residential.
(36)
Solar energy system, building-integrated and roof-mounted.
(37)
Solar energy system, ground-mounted small-scale.
D.
Standards.
(2)
Dimensional standards. The following space standards apply:
(a)
Minimum lot area per dwelling unit: 5,000 square feet.
[1]
If more than 50% of the dwelling units will be affordable housing units as defined by this code: 2,000 square feet.
(b)
Minimum lot size: 5,000 square feet.
(c)
Minimum street frontage: zero feet.
(e)
Minimum rear and side yards: 10 feet.
(f)
Minimum separation distance between principal buildings on the same lot: 10 feet.
(g)
Maximum building height: 40 feet. (Note: Except that for buildings located on lots that abut tidal waters, the highest point on the primary structure of the building including the roof, but excluding chimneys, towers, cupolas and similar appurtenances that have no floor area, may be not more than 35 feet above the average grade between the highest and lowest elevations of the original ground level adjacent to the building.)
(h)
Minimum setback from:
[1]
Water body and wetland water-dependent uses: zero feet.
[2]
All other uses (including buildings and parking): 75 feet unless modified, according to the terms of § 16.4.25D(7) through § 16.4.25D(10).
(i)
Maximum building coverage: 60%.
(j)
Minimum open space on the site: 40%.
(3)
Maximum building footprint. The maximum area of the building footprint of any new building is 1,500 square feet unless the building is replacing a larger building that existed on the lot as of April 1, 2005.
(a)
If the footprint of the preexisting building was larger than 1,500 square feet, the maximum size of the footprint of the new building may be no larger than the footprint of the preexisting building.
(b)
If the footprint of the new building is larger than 1,500 square feet, the width of the new building as measured parallel to the front lot line may not be greater than the width of the preexisting building.
(4)
Design standards. Any new building or additions or modifications to an existing building that cumulatively increases the building footprint or building volume by more than 30% after April 1, 2005, or is subject to shoreland overlay zoning as set forth in § 16.4.28 must conform to the following standards (note: this requirement does not apply to the replacement of a building destroyed by accidental or natural causes after April 1, 2005, that is rebuilt within the preexisting building footprint and that does not increase the preexisting building volume by more than 30%):
(a)
Placement and orientation of buildings within a lot.
[1]
The placement of buildings on the lot must acknowledge the uniqueness of the site, the neighboring buildings, and the natural setting. Existing views and vistas must be preserved in the design of the site and buildings, and buildings must be placed to frame, rather than block, vistas.
[2]
Buildings and the front elevation must be oriented facing the street on which the building is located. The siting of buildings on corner lots must consider the placement of buildings on both streets.
(b)
Overall massing of buildings. The overall massing objective is to simulate a concentrated use of space in the Foreside Zone while avoiding the use of large, multiunit buildings. In the interest of this objective, building footprints must not exceed the maximums set forth within this subsection. Larger parcels may be developed but will require the use of multiple buildings with smaller footprints. The smaller scale of the buildings will allow new projects to fit in with the existing architectural styles of the Foreside Zone.
(c)
Grouping of smaller buildings. When smaller buildings that are part of one project are placed adjacent to one another on the same lot or adjacent lots, each building must have its own structure and elevation treatment that is different from its neighbor. Small decorative wings may be attached to larger structures if well integrated into the overall arrangement of shapes.
(d)
Building details. Buildings must include architectural details that reflect the historic style of the Foreside Zone. Molding and trim must be used to decorate or finish the surface of buildings and doors. Eaves and overhangs should be incorporated into the design.
(e)
Roof slopes and shapes.
[1]
Allowable roof shapes include a simple gable, gambrel, saltbox and hip. The minimum roof pitch must be 8:12 (rise over run), except in the case of a hip roof, where a lesser pitch is acceptable.
[2]
The roof pitch of elements that link buildings or portions of buildings must be the same or greater than the pitch of the roofs on the buildings that are being linked.
[3]
Flat or nearly flat shed roofs are not allowed except for porches, dormers or attachments distinct from the primary structure or where systems are concealed by standard roof forms.
[4]
The roof pitch of additions or wings must be similar to the pitch of the primary roof. Clusters of buildings must apply the same roof plan principles to pitch and link roofs.
(f)
Fencing and walls.
[1]
Fencing may be used to separate public and private spaces, mark property lines, and protect plantings.
[2]
Fences must harmonize with nearby structures and not unduly interfere with existing scenic views or vistas.
[3]
Picket and other medium height fences and low stone walls are permitted.
[4]
Modern concrete walls and similar structures are prohibited.
[5]
Chain-link and stockade fences are not appropriate in front yards and may be used in side and rear yards only if compatible with the overall design of the site.
[6]
Waste receptacles, dumpsters, exterior systems, service entrances and similar areas must be screened with board fences, board and lattice fences, and/or landscaping.
(g)
Utilities. All utilities serving a new building, including electricity, telephone, cable, Internet and alarm systems must be placed underground from the access pole.
(h)
Preservation of trees. Existing large, healthy trees must be preserved if practical.
(5)
Signage. Display of signboard and/or products for sale may be placed on a Town sidewalk only if:
(a)
Products for sale displayed outside the building are limited to an area extending no greater than two feet from the front facade of the building;
(b)
Signboards and/or products for sale must be removed from the sidewalk at the close of each business day;
(c)
An annual permit must be obtained from the Code Enforcement Officer. Permits are issued for a calendar year or portion thereof, to expire December 31 of each year. Sign permit application fee, reference Appendix A.
(6)
Special parking standards. The Kittery Foreside Zone is already largely built up and many buildings either completely or almost completely cover the lot on which they are located. Therefore, it is not possible to comply with parking standards which would otherwise be required for open land. To encourage the reuse of existing structures as far as practical, the Town establishes special parking standards and conditions within the zone.
(7)
Revised off-street parking standards. Insofar as practical, parking requirements are to be met on site unless an existing building covers so much of the lot as to make the provision of parking impractical in whole or in part. If meeting the parking requirements is not practical, then the parking demand may be satisfied off site or through joint-use agreements as specified herein. Notwithstanding the off-street parking requirements in § 16.7.11F(3), minimum parking requirements for the uses below are modified as specified herein:
(a)
Dwelling units in buildings that existed as of April 1, 2005, including the replacement of units destroyed by accidental or natural causes regardless of how configured: one parking space per dwelling unit;
(b)
Dwelling units in new buildings, including the replacement of existing buildings other than the replacement of units destroyed by accidental or natural causes: 1 1/2 parking spaces per dwelling unit;
(c)
Dwelling units in buildings where more than 50% of the dwelling units proposed will be affordable as defined by this code: two spaces per three dwelling units.
(d)
Retail, business office or bank facilities: one parking space for each 400 square feet of gross floor area;
(e)
Professional office: one parking space for each 300 square feet of gross floor area;
(f)
Inn: one parking space for each guest room;
(g)
Church: none required, if primary use occurs on weekends;
(h)
Restaurants: one parking space for each 100 square feet of gross floor area used by the public.
[Note: For each use in the zone, the total parking demand is calculated using the standards above or in § 16.7.11F(3), if not modified above. Then each nonresidential use is exempt from providing off-street parking for the first three required spaces. For uses requiring a demand of greater than three, then the off-street parking is to be provided on site and/or in accordance with Subsection D(9) and (10) of this section.]
(8)
Maximum parking on new impervious surface. Not more than 1 1/2 parking spaces per dwelling unit may be created on new impervious surface in conjunction with the construction of a new or replacement building. This restriction does not apply to parking spaces located within the same building with the dwelling units, to spaces located on preexisting impervious surface, or to spaces located on a pervious surface such as parking pavers designed to allow infiltration of precipitation.
(9)
Off-site parking. Required off-street parking may be satisfied at off-site locations, provided such parking is on other property owned by the applicant or is under the terms of a contractual agreement that will ensure such parking remains available for the uses served. Applicant must present evidence of a parking location and a contractual agreement to the Town Board or officer with jurisdiction to review and approve.
(10)
Joint-use parking. Required off-street parking may also be satisfied by the joint use of parking space by two or more uses if the applicant can show that parking demand is nonconflicting and will reasonably provide adequate parking for the multiple uses without parking overflowing into undesignated areas. Nonconflicting periods may consist of daytime as opposed to evening hours of operation or weekday as opposed to weekends or seasonal variation in parking demand. In making this determination under development plan review, the Planning Board is to consider the following factors:
(a)
Such joint parking areas must be held under ownership of the applicant or under terms of a contractual agreement that ensures such parking remains available to all users of the shared parking spaces;
(b)
Analysis is to be based on a most frequent basis not a "worst case" scenario;
(c)
Joint-use parking areas must be located within reasonable distance to the use served, but do not need to be located on the same lot as the uses served;
(d)
Ease and safety of pedestrian access to shared parking by the users served, including any improvements or shuttle service necessary;
(e)
Such joint parking areas must not be located in residential zones of the Town. The Planning Board must make a final determination of the joint-use and/or off-site parking spaces that constitute an acceptable combination of spaces to meet the required parking demand.
E.
Shoreland Overlay Zone OZ-SL — Mixed-Use — Kittery Foreside Zone (MU-KF).
(1)
(2)
Special exception uses.
(a)
Art studio or gallery.
(b)
Business and professional offices.
(c)
Commercial fisheries/maritime activities, provided only incidental cleaning and cooking of seafood occur at the site.
(d)
Parking area.
(e)
Home occupation, major.
(f)
Home occupation, minor.
(g)
Inn.
(h)
Marinas.
(i)
Personal services.
(j)
Business services.
(k)
Public assembly area.
(l)
Public utility facility.
(m)
Research and development;
(n)
Restaurant, coffee shop, bakery, cafes and similar food service operations, but excluding drive-in facilities.
(o)
Retail sales, excluding those where the principal activity entails outdoor sales and/or storage.
(p)
Mass transit station.
(q)
Specialty food and/or beverage facility.
(r)
Theater.
F.
Resource Protection Overlay Zone OZ-RP and Stream Protection Overlay Zone OZ-SL-75— Mixed Use — Kittery Foreside Zone (MU-KF).
(2)
Special exception uses.
(a)
Accessory buildings, structures, and uses.*
(b)
Home occupation, major.
(c)
Home occupation, minor.
(d)
Public utility facility.
(e)
Dwelling, single-family.*
(f)
Solar energy system, ground-mounted, for residential use or home occupation use only.*
(g)
Energy storage system, residential. *
*If in the Stream Protection Overlay Zone, a variance for the required 75-foot setback is required from the Board of Appeals prior to Planning Board review. |
§ 16.4.26 Business - Park (B-P).
[Added 7-13-2022 as amended 4-11-2022[1]]
A.
Purpose: to encourage investment that promotes development of a high-quality park like setting for both the business and residential communities. Mixed-use development must be used on larger tracts of land where offices, retail sales, services, lodging, open space, housing and light manufacturing space are blended with residential and moderate entertainment to foster general business growth and a sense of community. The intent of mixed-use development is to provide a more efficient use of land than might be obtained through segregated development procedures.
[Amended 5-13-2024]
B.
Permitted uses. The following land uses are permitted for projects that are cluster mixed-use developments:
(1)
Art studio/gallery.
(2)
Building materials and garden supply.
(3)
Business and professional offices.
(4)
Business services.
(5)
Parking area (public or private).
(6)
Conference center.
(7)
Conservation subdivision.
[Amended 5-13-2024]
(8)
Dwelling, multifamily 2-4 "limited" as follows:
[Added 11-27-2023]
Total Maximum Number of Units Allowed on Lot (Attached or Detached) | ||
|---|---|---|
Number of Existing Units | Public Sewer and Water Available | Public Sewer and Water Not Available |
0 | 4 | 2 |
1 | 3 | 3 |
2 | 2 | 2 |
(9)
Accessory dwelling units.
[Added 11-27-2023]
(10)
Light industry.
(11)
Mass transit station.
(12)
Mechanical services, excluding junkyard.
(13)
Motel, hotel, rooming house, inn.
(14)
Personal service.
(15)
Public assembly area, theater.
(16)
Public open space recreational uses, recreational facilities, and selected commercial recreation.
(17)
Public utility facilities, including substations, pumping stations, and sewage treatment facilities.
(18)
Repair services.
(19)
Research and development.
(20)
Restaurant.
(21)
Retail sales, and retail sales convenience store.
(22)
School (including day nursery), university, museum, hospital, municipal or state building or use, church, or any other institution of an educational, religious, philanthropic, fraternal, political or social nature.
(23)
Shops in pursuit of trade.
(24)
Veterinary hospital.
(25)
Warehousing and storage.
(26)
Wholesale businesses, excluding used car lots.
(27)
Specialty food and/or beverage facility.
D.
Special exception uses: none.
E.
Standards. The following standards must be met unless modified per Chapter 16.10, Conservation Subdivision. Multiple-parcel development is subject to Chapter 16.6, Master Site Development Plan.
[Amended 5-13-2024]
(2)
Except for mixed-use developments, the following space standards apply:
(a)
Minimum land area per dwelling unit: 10,000 square feet with sewer service.
(b)
Minimum lot size: 120,000 square feet.
(c)
Minimum street frontage: 150 feet.
(d)
Minimum front yard: 50 feet.
(e)
Minimum rear and side yards: 30 feet*. (*Except as may be required by the buffer provisions of this Code, and except where the side and/or rear yards of the proposed nonresidential use abut a residential district or use, in which case a minimum of 40 feet is required.)
(3)
Patios, sheds, parking lots and golf courses must have a minimum setback of 50 feet from streams, water bodies, and wetlands.
(4)
Conservation subdivision. In a conservation subdivision, the above standards may be modified in accordance with the special provisions of Chapter 16.10, Conservation Subdivision, including there is no minimum lot size, and with the conditions that:
(a)
Minimum principal building separation as required by the Fire Chief, but not less than 10 feet.
(5)
Other standards.
(a)
Parking. All new or revised parking must be visually screened through the use of landscaping, earthen berms, stone retaining walls, and/or fencing from adjacent public streets and abutting properties (see Design Handbook for appropriate examples).
(b)
Building design standards.
[1]
Kittery’s characteristic buildings reflect its historic seacoast past. The primary architectural styles are New England colonial (such as Cape Cod and Saltbox), Georgian, Federal, and Classical Revival. New buildings must be compatible with Kittery’s characteristic styles in form, scale, material, and color. The front elevation must contain one or more of the following elements:
[2]
Strict imitation is not required. Design techniques must be used to maintain compatibility with characteristic styles and still leave enough flexibility for architectural variety. To achieve this purpose, the following design standards apply to new and modified existing building projects:
[a]
Exterior building materials and details. Building materials and details strongly define a project’s architectural style and overall character (see the Design Handbook for examples of acceptable materials, building scale, and designs). “One-sided” schemes are prohibited; similar materials and details must be used on all sides of a building to achieve continuity and completeness of design. Predominate exterior building materials must be of good quality and characteristic of Kittery, such as horizontal wood board siding, vertical wood boards, wood shakes, brick, stone or simulated stone, glass and vinyl, or metal clapboard.
[b]
Roofs. A building’s prominent roofs must be pitched a minimum of 4:12 unless demonstrated to the Planning Board’s satisfaction that this is not practicable. The Board reserves the right to evaluate such on each and all specific proposals. Acceptable roof styles are gabled, gambrel, and hipped roofs. Shed roofs and roof facades (such as “stuck on” mansards) are not acceptable as prominent roof forms except as provided above. Flat roofs may be considered in context where it can be demonstrated to the Planning Board’s satisfaction that the structure is not obtrusive and where visual impact can be shown to be minimal. The roof design must screen or camouflage rooftop protrusions to minimize the visual impact of air-conditioning units, air handler units, exhaust vents, transformer boxes, and the like (see the Design Handbook for examples of appropriate treatments).
[c]
Loading docks and overhead doors. Loading docks and overhead doors must be located on the side or rear of the building and screened from view from adjacent properties in residential use.
(c)
Landscaping standards. To achieve attractive and environmentally sound site design, and appropriate screening of parking areas, in addition to the landscaping standards contained in Chapters 16.4, 16.5, and 16.8, the following landscaping requirements apply to new and modified existing developments:
[1]
Landscape planter strip. Landscape planter strips, interior and exterior to the project, are encouraged. A minimum of 40 feet in depth of vegetated landscape buffer must be provided adjacent to all public right-of-way lines that are common to parcel exterior boundary lines and include the following landscape elements:
[a]
Ground cover. The entire landscape planter strip must be vegetated, except for approved driveways, walkways, bikeways, and screened utility equipment.
[b]
Streetside trees. In the event project development is to be approved based on a development master plan, development standards are to be applied to the land as defined by its perimeter, rather than by the individual lots, tracts, and parcels into which the land may be divided.
[i]
Development not based on a master development plan must, as a minimum, provide one street tree for each 25 feet of street frontage.
[ii]
The trees may be spaced along the frontage or grouped or clustered to enhance the visual quality of the site (see the Design Handbook for examples). The trees must be a minimum 2.5-inch caliper, and be at least 12 feet high at the time of planting. The species should be selected from the list of recommended street trees in the Design Handbook. Existing large healthy trees must be preserved if practical and will count toward this requirement.
[c]
Planter strip. Shrubs and flowering perennials must be planted at a minimum of 15 plants per 40 linear feet of street frontage unless existing woodlands are being retained or such planting is inconsistent with the retention of rural landscape features. The plant material should be selected from a list of recommended materials in the Design Handbook. The plants must be placed within the planter strip to enhance the visual character of the site and augment natural features and vegetation (see the Design Handbook for examples of appropriate treatments).
[2]
Outdoor service and storage areas. Facilities for waste storage such as dumpsters must be located within an enclosure and be visually buffered by fencing, landscaping, and/or other treatments (see Design Handbook for examples of appropriate buffering).
(d)
Traffic and circulation standards. Sidewalks and roadways internal to the parcel must provide adequate pedestrian and traffic circulation both internally and externally, and provide safe and sufficient connectivity to the surrounding neighborhoods (see the Design Handbook for appropriate examples).
(e)
Open space standards. Open space must be provided as a percentage of the total parcel area, including freshwater wetlands, water bodies, streams, and setbacks. Twenty-five percent of each parcel, or individual lot if applicable, must be designated as open space. Required open space must be shown on the plan with a note dedicating it as “open space.” The open space must be situated to create an attractive environment on the site, minimize environmental impacts, and protect significant natural features and resources. Where possible:
[1]
Editor's Note: This ordinance also repealed former § 16.4.26, Mixed-Use-Neighborhood (MU-N).
§ 16.4.27 Transportation - Maine Turnpike (T-MT).
A.
Purpose. The purpose of the Transportation — Maine Turnpike Zone (T-MT) is to provide for the safe, effective, efficient and environmentally compatible use of the right-of-way owned and operated by the Maine Department of Transportation and the Maine Turnpike Authority as authorized by the state, as well as for safe and environmentally compatible buffering for the adjacent land uses along the right-of-way.
B.
Permitted uses. Permitted and special exception land uses include the highway, information center and other uses as authorized by the state.
C.
Special exception uses: none.
D.
Standards.
(2)
Dimensional standards.
(a)
Minimum land area per dwelling unit: not applicable.
(b)
Minimum lot size: not applicable.
(c)
Minimum street frontage: not applicable.
(d)
Minimum front yard: not applicable.
(e)
Maximum building coverage: not applicable.
(f)
Minimum rear and side yards: not applicable.
(g)
Maximum building height: 35 feet.
(h)
Minimum distance between principal buildings on the same lot: not applicable.
(i)
Minimum setback from water bodies and wetlands: not applicable.
E.
Shoreland Overlay Zone OZ-SL — Transportation - Maine Turnpike (T-MT).
§ 16.4.28 Shoreland Overlay Zone (OZ-SL).
[Amended 11-27-2023; 12-9-2024]
A.
Purpose. The purpose of the Shoreland Overlay Zone OZ-SL is to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources, to protect commercial fishing and maritime industries; to protect freshwater and coastal wetlands; to control building sites, placement of structures and land uses; to conserve shore cover and visual as well as actual points of access to inland and coastal waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.
B.
Authority. These provisions have been prepared in accordance with the provisions of 38 M.R.S.A. §§ 435 to 449.
C.
Applicability and boundaries. The provisions of this section apply to all uses, lots and structures within the following:
(1)
Shoreland Overlay Zone (OZ-SL-250 feet). Water body/wetland protection areas consisting of land areas within 250 feet, horizontal distance, of the:
(a)
Upland edge of a coastal wetland.
(b)
Upland edge of certain freshwater wetlands as defined in § 16.3.2 "wetland, freshwater (in the Shoreland and Resource Protection Zones)."
(c)
Where a tributary stream as defined by Title 16 exists within the Shoreland Overlay Zone of a water body or wetland, that tributary stream also has a 75-foot protection area as measured horizontally from the normal high-water line.
(d)
When the term "wetland" is used without being prefaced with "coastal" or "freshwater," it will be interpreted as meaning both coastal and freshwater wetlands in the Shoreland Overlay Zone as defined by Title 16.
(2)
In addition to the Shoreland Overlay Zone, there are three other wetland and/or waterbody-related overlay zones: Stream Protection Overlay Zone (OZ-SL-75), the Resource Protection Overlay Zone (OZ-RP) and the Commercial Fisheries/Maritime Activities Zone (OZ-CFMU), all of which have requirements and are found in § 16.4.
D.
Permitted and special exception land use. The permitted and special exception uses in the Shoreland Overlay Zone section are allowed in accordance with the land use standards established in the underlying base zone in this chapter and land uses identified by the Mandatory Shoreland Zoning Act, 38 M.R.S.A. §§ 435 to 449.
(1)
Shoreland Overlay Zone land use applications are permitted by the Planning Board unless otherwise noted below or elsewhere in Title 16.
(2)
The Code Enforcement Officer may issue a permit for a new dwelling outside the required setback in the Shoreland Overlay Zone only, provided the structure is conforming with all base zone standards. See § 16.9.4C(3).
E.
Standards.
(1)
Minimum lot standards within the Shoreland, Resource Protection and Stream Protection Overlay Zones.
Base Zone | Minimum Base Zone Lot Size | Minimum Land Area Per Dwelling Unit by Base Zone | Minimum Shore Frontage by Base Zone Per Lot and Dwelling Unit Respectively |
|---|---|---|---|
Residential-Village (R-V) | 8,000 square feet | 8,000 square feet | 50 feet/50 feet |
Residential-Urban (R-U) | 20,000 square feet | 20,000 square feet | 50 feet/50 feet |
Residential-Rural (R-RL) | 40,000 square feet | 40,000 square feet | 150 feet/100 feet |
Residential-Kittery Point Village (R-KPV) | 40,000 square feet | 150 feet/100 feet | |
Residential-Suburban (R-S) | 40,000 square feet | 40,000 square feet | 150 feet/100 feet |
Residential-Rural Conservation (R-RLC) | 80,000 square feet | 80,000 square feet | 250 feet/250 feet |
Mixed-Use Badgers Island (MU-BI) | 6,000 square feet | 6,000 square feet [3,000 square feet for first two dwelling units] | 25 feet/25 feet |
Mixed-Use Kittery Foreside (MU-KF) | 10,000 square feet | 10,000 square feet | 50 feet/50 feet |
Mixed-Use (MU) | On Route 1: 200,000 square feet | 40,000 square feet | 150 feet/50 feet |
Not on Route 1: 80,000 square feet | |||
Business-Park (B-PK) | 120,000 square feet | 10,000 square feet | 150 feet/50 feet |
Business-Local (B-L) | 60,000 square feet | 20,000 square feet | 150 feet/50 feet |
Business-Local-1 (B-L1) | 60,000 square feet | 20,000 square feet | 150 feet/50 feet |
Commercial-1 (C-1) | 60,000 square feet | 40,000 square feet | 150 feet/50 feet |
Commercial-2 (C-2) | 60,000 square feet | 40,000 square feet | 150 feet/50 feet |
Commercial-3 (C-3) | 60,000 square feet | 40,000 square feet | 150 feet/50 feet |
Industrial (IND) | 60,000 square feet | N/A | 150 feet/50 feet |
(a)
The minimum shore frontage requirement for public and private recreational facilities is the same as that for residential development in the respective zone.
(b)
The minimum width of any portion of any lot within 100 feet, horizontal distance, of the highest astronomical tide if coastal or the upland edge of a freshwater wetland must be equal to or greater than the shore frontage requirement for the lot with a proposed use.
(2)
A lot in or partially within the Shoreland Overlay Zone must comply with devegetatation maximums which are based on the amount of surface area within the overlay zone that isn't vegetated, for example, structures, driveways, patios and walkways. The total footprint of the devegetated area must not exceed 20% of the lot area located within the Shoreland Overlay Zone, except in the following zones and areas:
(a)
Mixed-use. Badgers Island (MU-BI) and Mixed-Use - Kittery Foreside (MU-KF) Zones, where the maximum devegetated area is 60%. The Board of Appeals may approve a-miscellaneous appeal application to allow an increase in devegetated area in the Mixed-Use - Badgers Island (MU-B1) Zone to 70% where it is clearly demonstrated that no practicable alternative exists to accommodate a functionally water-dependent use, as defined by § 16.3.2.
(b)
Commercial (C-1, C-2, C-3), Business - Local (B-L and B-L1) and Industrial (IND) Zones where the maximum devegetated area is 70%.
(c)
Residential. Urban (R-U) Zone where the lot is equal to or less than 10,000 square feet, the maximum devegetated area is 50%.
(d)
Does not apply to public boat launching facilities regardless of the zone in which the facility is located.
(3)
Principal and accessory structures: setbacks and development.
(a)
All new principal and accessory structures [except certain patios and decks per § 16.4.28E(3)(c)] must be set back at least 100 feet, horizontal distance, from the normal high-water line of any water bodies, tributary streams, the upland edge of a coastal wetland, or the upland edge of a freshwater wetland, with the following exceptions:
[1]
In the Mixed Use - Badgers Island and Kittery Foreside Zones, the setback requirement is 75 feet, horizontal distance, from the normal high-water line of any water bodies, or the upland edge of a wetland, unless modified according to the terms of §§ 16.4.24D(1) through (6) and 16.4.25D.
(b)
Accessory patios or decks no larger than 500 square feet in area must be set back at least 75 feet from the normal high-water line of any water bodies, tributary streams, the upland edge of a coastal wetland, or the upland edge of a freshwater wetland. Other patios and decks must satisfy the normal setback required for principal structures in the Shoreland Overlay Zone.
(c)
If there is a bluff, setback measurements for principal structures, water and wetland must be taken from the top of a coastal bluff that has been identified on coastal bluff maps as being "highly unstable" or "unstable" by the Maine Geological Survey pursuant to its "Classification of Coastal Bluffs" and published on the most recent Coastal Bluff Map. If the applicant and Code Enforcement Officer are in disagreement as to the specific location of a "highly unstable" or "unstable" bluff, or where the top of the bluff is located, the applicant is responsible, including fiscally, for engaging the services of a Maine-registered professional engineer, a Maine-certified soil scientist, or a Maine state geologist qualified to make a determination. If agreement is still not reached, the applicant may appeal the matter to the Board of Appeals.
(d)
On a nonconforming lot of record on which only a residential structure exists, and it is not possible to place an accessory structure meeting the required water body, tributary stream or wetland setbacks, the Code Enforcement Officer may issue a permit to place a single accessory structure, with no utilities, for the storage of yard tools and similar equipment. Such accessory structures must not exceed 80 square feet in area nor eight feet in height and must be located as far from the shoreline or tributary stream as practical and meet all other applicable standards, including lot coverage and vegetation clearing limitations. In no case will the structure be allowed to be situated closer to the shoreline or tributary stream than the existing principal structure.
(f)
Stairways or similar structures to provide shoreline access in areas of steep slopes or unstable soils may be allowed with a permit from the Code Enforcement Officer, provided:
[1]
The structure is limited to a maximum of four feet in width;
[2]
The structure does not extend below or over the normal high-water line of a water body or upland edge of a wetland (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C); and
[3]
The applicant demonstrates that no reasonable access alternative exists on the property.
(g)
If more than one dwelling unit, principal governmental, institutional, commercial or industrial structure or use, or combination thereof, is constructed or established on a single parcel in the Shoreland Overlay Zone, all dimensional requirements shall be met for each additional dwelling unit, principal structure, or use.
§ 16.4.29 Resource Protection Overlay Zone (OZ-RP).
[Amended 12-9-2024]
A.
Purpose. The purposes of this overlay zone are to protect water quality and wildlife habitat, support biological ecosystems and preserve the scenic and natural values found throughout Kittery. This overlay zone identifies certain vulnerable areas of the Town that require protections from development or redevelopment in addition to those of shoreland zoning.
B.
Authority. These provisions have been prepared in accordance with the provisions of 38 M.R.S.A. §§ 435 to 449.
C.
Applicability and boundaries. This overlay zone includes the areas listed below when they also occur within the limits of the Shoreland Overlay Zone, exclusive of a stream protection-zoned area. Highly developed areas and areas that meet the criteria for commercial fisheries/maritime uses are also excluded. The provisions of this section apply to all uses, lots, and structures within this zone. The Resource Protection Overlay Zone includes areas where development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values. The zone includes:
(1)
Waterfowl and wading bird habitat/water body related wetland areas defined as land areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands, salt marshes and salt meadows, which are rated "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas as identified by the Maine Department of Inland Fisheries and Wildlife (MDIFW).
(2)
Land areas that have two or more contiguous acres of land where the slopes are 20% or greater.
(3)
Land areas along rivers subject to severe bank erosion, undercutting or riverbed movement.
(4)
Land adjacent to tidal waters which are subject to severe erosion or mass movement, such as steep coastal bluffs and areas exposed to swift currents, watercraft wake and/or storm surge.
(5)
Independent wetland areas. Land areas of two or more contiguous acres supporting wetland vegetation and hydric soils which are not part of a freshwater or coastal wetland as defined in § 16.3 and which are not surficially connected to a water body during the period of normal high water.
(6)
Floodplain areas. This includes areas along rivers, areas adjacent to tidal waters, and other areas susceptible to flooding defined as being located within the 100-year floodplain as designated on the FEMA Flood Insurance Rate Maps (FIRMs) or the flood of record or, in the absence of these, by soil types identified as recent floodplain soils.
(7)
Certain ponds zoned as Resource Protection as shown on the Town of Kittery's Zoning Map.
D.
Standards.
(2)
Dimensional standards such as front, side and rear setbacks, building coverage or impervious surface maximums, building height and the like are the same as those in the underlying zone.
(3)
The overlay zone applies to 250 feet, horizontal distance, from the edge of the applicable resource as measured from normal high-water line of a waterbody or upland edge of a coastal or freshwater wetland, except for structures, roads, parking spaces or other regulated objects specifically allowed in the zone.
(a)
Only single-family structures are allowed and are permitted. Such single-family structures and associated accessory structures such as but not limited to, sheds and garages, must be set back at least 100 feet, horizontal distance from the edge of the applicable resource as described in Subsection D(3) above.
(4)
Road construction and parking facilities are allowed in the Resource Protection Overlay Zone only where no reasonable alternative route or location is available outside the Resource Protection Overlay Zone, in which case approval is required by the Planning Board. See § 16.5.27N for additional requirements.
(5)
Clearing or removal of vegetation for uses, other than timber harvesting as limited per § 16.5.29, in a Resource Protection Overlay Zone, is prohibited within the strip of land extending 100 feet, horizontal distance, inland from the normal high-water line from a water body or the upland edge of a freshwater or coastal wetland, except to remove safety hazards. See § 16.9.4D(8) and (9). Elsewhere in a Resource Protection Overlay Zone, the cutting or removal of vegetation is limited to that which is necessary for uses expressly authorized in the Resource Protection Overlay Zone.
(6)
In addition to the criteria specified in §§ 16.2.12F, 16.8.9D(4) and 16.7.10D(5), applicable to the granting of a special exception use request, the Planning Board may approve an application for a single-family dwelling special exception use request within the Resource Protection Overlay Zone, where applicable, provided the applicant demonstrates all the following conditions are met:
(a)
There is no location on the property, other than a location within Resource Protection Overlay Zones, where a single-family dwelling can be built, provided the proposed structure meets all base zone standards.
(b)
The lot on which the structure is proposed is undeveloped and was established and recorded in the York County Registry of Deeds before inclusion in the Shoreland or Resource Protection Overlay Zones.
(c)
All proposed buildings, sewage disposal systems, other than municipal sewer, and other improvements are located:
(d)
Where permitted and applicable, the lowest floor elevation or openings of all buildings and structures, must be elevated per § 16.5.11 above the elevation of the 100-year flood, the flood of record or, in the absence of these, the flood as defined by soil types identified as recent floodplain soils and meet all applicable standards in § 16.5.11.
(e)
The total ground floor area, including cantilevered or similar overhanging extensions, of all principal and accessory structures is limited to a maximum of 1,500 square feet. This limitation may not be altered by variance.
(f)
Where permitted in a Resource Protection Zone, all dwelling unit structures, must be set back from the normal high-water line of a water body, tributary stream or upland edge of a coastal or freshwater wetland to the greatest practical extent but not less than 100 feet horizontal distance. In determining the greatest practical extent, the Planning Board must consider the depth of the lot, the slope of the land, the potential for soil erosion, the type and amount of vegetation to be removed, the proposed building site's elevation in regard to the floodplain and its proximity to the wetlands.
(g)
A lot in or partially within the Resource Protection Overlay Zone must comply with devegetatation maximums which are based on the amount of surface area within the overlay zone that isn't vegetated, for example, structures, driveways, patios and walkways. The total footprint of the devegetated area must not exceed 20% of the lot area located within the Resource Protection Overlay Zone.
§ 16.4.30 Commercial Fisheries/Maritime Uses Overlay Zone (OZ-CFMU).
[Amended 7-22-2024; 12-9-2024]
A.
Purpose. The purpose of the Commercial Fisheries/Maritime Uses Overlay Zone is to provide the protection and/or expansion of existing functionally water-dependent uses while encouraging additional development of working waterfront associated with functionally water-dependent uses. The Commercial Fisheries/Maritime Activities Zone includes both areas where the existing pattern of development is consistent with uses described in § 16.4.30D and other areas suitable for functionally water-dependent uses, taking the following factors into consideration:
(1)
Shelter from prevailing winds and waves;
(2)
Slope of the land within 250 feet, horizontal distance, of the normal high-water line;
(3)
Depth of the water within 150 feet, horizontal distance, of the shoreline;
(4)
Available support facilities, including utilities and transportation facilities; and
(5)
Compatibility with adjacent upland uses.
B.
Authority. These provisions have been prepared in accordance with the provisions of 38 M.R.S.A. §§ 435 to 449.
C.
Applicability and boundaries. The provisions of this section apply to all uses, lots and structures within applicable areas as shown on the Zoning Map where:
(1)
The existing predominant pattern of development on the property is consistent with the allowed uses for this overlay zone;
(2)
The uses, lots and structures are consistent with dimensional requirements of the underlying base zone; and
(3)
The active use of lands, structures, wharves, piers, floats or landings are principally intended for the production of income by an individual or legal business entity through the operation of a vessel(s). The activity may be either a principal or accessory use, as defined in this title.
E.
Special exception uses: facilities to house educational programs, scientific research or apprenticeships directly related to functionally water-dependent use(s) or to marine or tidal waters.
(1)
The applicant seeking approval for such facilities must demonstrate to the Planning Board’s satisfaction that the use and any proposed structures are directly related to functionally water-dependent uses or to the marine or tidal waters. If the use is located on the same property as a functionally water-dependent use, the applicant must also demonstrate to the Planning Board’s satisfaction that any impacts to the functionally water-dependent use will be minimized.
F.
Standards. Dimensional standards of the underlying base and overlay zone(s).
G.
Prohibited uses. A use that is not functionally water-dependent as defined in § 16.3.2 is considered nonconforming and is prohibited. Such a nonconforming use, along with any requisite structures, cannot replace a functionally water-dependent use on a lot in this overlay zone, either as a new use or as a change of use.
(1)
Any additional use(s) and/or structure(s) that is not functionally water-dependent proposed on the same lot as the functionally water-dependent use must be located outside the Commercial Fisheries/Maritime Uses Overlay Zone on the lot. In addition, it is incumbent upon the applicant proposing such a use(s) and/or structure(s) to demonstrate to the Planning Board’s satisfaction that any adverse impacts to the existing functionally water-dependent use will be minimized. The Planning Board may seek professional opinion(s) when making such a determination and such fees as may be incurred must be paid by the applicant.
(2)
Expansions of non-functionally water-dependent uses or structures in the Commercial Fisheries/Maritime Uses Overlay Zone are prohibited except as allowed in § 16.9.4C(11)(c).
H.
Lots in two or more overlay zones. In cases where the Commercial Fisheries/Maritime Uses Overlay Zone is one of two or more overlay zones pertinent to a lot, this overlay zone’s requirements and standards are not subordinate to Shoreland and/or Resource Protection Overlay Zone’s requirements. No changes of use from functionally water-dependent uses to non-functionally water-dependent uses on a lot within the Commercial Fisheries/Maritime Uses Overlay Zone are allowed except as described in § 16.4.30G(1) above.
I.
Submerged lands. All appropriate permits and approvals must be issued and submitted prior to Planning Board approval.
J.
Any structures, including but not limited to docks, wharves, or piers, proposed beyond the highest astronomical tide (HAT) must receive approval from the Kittery Port Authority (KPA) prior to being heard by the Planning Board.
§ 16.4.31 Stream Protection Overlay Zone (OZ-SL-75).
[Added 12-9-2024]
A.
Purpose. The Stream Protection Overlay Zone provides buffer protection to both sides of designated streams in order to maintain healthy habitat for plants and animals while safeguarding water quality and resisting erosion. Healthy streams are important components of watersheds and provide stormwater collection pathways to protect against flooding.
B.
Authority. These provisions have been prepared in accordance with the provisions of 38 M.R.S.A. §§ 435 to 449.
C.
Applicability and boundaries. The provisions of this section apply to all uses, lots and structures within the following:
(1)
The Stream Protection Overlay (OZ-SL-75 feet) consists of land areas within 75 feet, horizontal distance, of the normal high-water line of a stream, exclusive of those areas 250 feet, horizontal distance, of the upland edge of a freshwater or coastal wetland.
(a)
When a stream and its associated overlay zone area are located within 250 feet, horizontal distance, of shoreland-zoned water bodies or wetlands, that land area will be regulated under the provisions of the Shoreland Overlay Zone associated with that water body or wetland.
(b)
Where uncertainty exists as to the exact location of the Stream Protection Overlay Zone boundary, the Planning Board, with expert consultation, as may be required, is the final authority as to location. Such expert consultation is the financial responsibility of the applicant.
(c)
Any application for a structure allowed in the Stream Protection Overlay Zone must first obtain a variance from the 75-foot setback requirement from the Board of Appeals prior to advancing to the Planning Board for approval.
D.
Standards.
(2)
The setback requirement is 75 feet, horizontal distance from the normal high-water line of the applicable stream. In cases where new dwelling units, other structures related to allowed uses, drainage structures/stormwater management systems, or roads specifically allowed in the zone are proposed within the setback, a variance for setback modification must be obtained from the Board of Appeals prior to any further permitting by the Planning Board.
(3)
Functionally water-dependent uses as defined by Chapter 16.3 and specifically allowed in this zone require no setback to the stream resource.
(4)
Dimensional standards such as front, side and rear setbacks, building coverage or impervious surface maximums, building height and the like are the same as those in the underlying zone.
(5)
On a nonconforming lot of record on which only a residential structure exists, and it is not possible to place an accessory structure meeting the required stream setbacks, the Planning Board may approve the placement of a single accessory structure, with no utilities, for the storage of yard tools and similar equipment. Such accessory structure must not exceed 80 square feet in area nor eight feet in height and must be located as far from the stream as practical and meet all other applicable standards, including lot coverage and vegetation clearing limitations. In no case will the structure be allowed to be situated closer to the stream than the existing principal structure. Any application for such an accessory structure must also comply with § 16.4.1.C(c).
(6)
Accessory patios or decks must be set back at least 75 feet from the normal high-water line of applicable streams.
(7)
A lot in or partially within the Stream Protection Overlay Zone must comply with devegetatation maximums which are based on the amount of surface area within the overlay zone that isn't vegetated, for example, structures, driveways, patios and walkways. The total footprint of the devegetated area must not exceed 20% of the lot area located within the Resource Protection Overlay Zone.