No garage or other accessory building shall be located in a required front yard. When located to the rear of the main building, the accessory building shall be set back at least ten feet from the side or rear lot lines, provided that all accessory buildings shall meet side or rear lot setback standards as set forth in article IV of this chapter, for structures from the normal high water line of a water body or upland edge of a freshwater wetland.

(Code 1983, § 15-601; T.M. of 5-16-1992, art. 86, § 15-601)

(a)

All spreading or disposal of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. §§ 4201—4209).

(b)

Where soil is tilled in a resource protection district or a limited residential district, such tillage shall be carried out in conformance with the provisions of a conservation plan.

(c)

Manure shall not be stored or stockpiled within 75 feet, horizontal distance, of water bodies, tributary streams or freshwater wetlands. All manure storage areas within the shoreland zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated stormwater.

(d)

Agricultural activities involving tillage of soil greater than 40,000 square feet in surface area, within the shoreland zone shall require a conservation plan to be filed with the planning board. Nonconformance with the provisions of the plan shall be considered to be a violation of this chapter.

(e)

There shall be no new tilling of soil within 75 feet, horizontal distance, from water bodies, nor within 25 feet, horizontal distance, of tributary streams and freshwater wetlands. Operations in existence on the effective date of this section, (adopted in town meeting of May 16, 1992), and not in conformance with this subsection may be maintained.

(f)

Newly established livestock grazing areas shall not be permitted within 75 feet, horizontal distance, of water bodies, nor within 25 feet, horizontal distance, of tributary streams and freshwater wetlands. Livestock grazing associated with ongoing farm activities, and which are not in conformance with the above setback provisions may continue, provided such grazing is conducted in accordance with a conservation plan.

(Code 1983, § 15-602; T.M. of 5-16-1992, art. 86, § 15-602; T.M. of 7-21-2009, § 2009-109)

Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following:

(1)

Minimum area. Camping areas shall contain a minimum of 5,000 square feet of suitable land, not including roads and driveways, for each site.

(2)

Minimum setback. The area intended for placement of a recreational vehicle, tent, or shelter and utility and service buildings shall be set back a minimum of 75 feet, horizontal distance, from the normal high water line of water bodies, tributary streams or the upland edge of a freshwater wetland.

(Code 1983, § 15-603; T.M. of 5-16-1992, art. 86, § 15-603; T.M. of 7-21-2009, § 2009-109)

(a)

Filling, grading, lagooning, dredging, earth-moving activities and other land use activities shall be conducted in such manner as to prevent, to the maximum extent possible, erosion and sedimentation of surface waters. To this end, all construction shall be accomplished in conformance with the erosion prevention procedures of Maine Erosion and Sedimentation Control Handbook for Construction; Best Management Practices, published by the Cumberland County SWCD and the Maine Department of Environmental Protection.

(b)

Filling, grading, lagooning, dredging or other earth-moving activity operated in accordance with state laws, and involving:

(1)

The removal or fill of fewer than 20 cubic yards of material from or onto any lot in any one year;

(2)

The removal or fill of material incidental to construction, alteration or repair of a building or in the grading and landscaping incidental to such work; or

(3)

The removal, filling or transfer of material incidental to construction, alteration or repair of a public or private way or essential services;

shall be permitted uses in each district except resource protection.

(c)

Filling, grading, lagooning, dredging or other earth-moving activity operated in accordance with state laws, and involving the removal or fill of more than 20 and fewer than 500 cubic yards of material from or onto any lot in any one year with the approval of the code enforcement officer shall be a permitted use in each district except resource protection.

(d)

Filling, grading, lagooning, dredging or other earth-moving activity operated in accordance with state laws, and involving the removal or fill of 500 cubic yards or more of material from or onto any lot in any one year shall be a conditional use in each district except resource protection.

(Code 1983, § 15-604; T.M. of 5-16-1992, art. 86, § 15-604; T.M. of 5-13-1995, art. 60, § 3)

(a)

Adjoining property. High-intensity farming shall be carried out in locations and in such a manner as not to be obtrusive to adjoining property.

(b)

Lot size. A minimum lot size of two acres where public water and sanitary sewers are available and five acres where public water and sanitary sewers are not available shall be required.

(c)

Coverage by buildings. Maximum coverage of the lot by buildings shall not exceed 25 percent.

(d)

Setbacks. Minimum front, side and rear setbacks shall each be 100 feet.

(e)

Lot width. The minimum lot width at the front line of any principal building shall be 400 feet.

(Code 1983, § 15-605)

(a)

Requirements for all home occupations. All home occupations must meet the following requirements. Uses or operations that do not meet these requirements are subject to the full standards and restrictions for the district in which they are located (per Lisbon Zoning Ordinance, Chapter 70).

(1)

A home occupation shall be carried on wholly within a dwelling unit or building accessory to a dwelling unit. Home occupations shall be clearly incidental and secondary to the use of a dwelling unit (or building accessory thereto) for residential purposes.

(2)

The home occupation shall not occupy more than 50% of the total combined floor area of the dwelling and all accessory structures. Additions to the residence or accessory structure for the express purpose of a home occupation shall not be allowed.

(3)

The sale of goods, merchandize or products shall be limited to those produced on the premises or those directly related to and incidental to the home occupation.

(4)

The appearance of the structure or accessory structure shall not be altered, nor shall the home occupation within the residence be conducted in a manner that would cause the appearance of the residence to differ from the character of the surrounding neighborhood.

(5)

The home occupation shall not generate any nuisance, waste discharge, offensive noise, vibration, smoke, dust, odors, heat, glare, radiation, fumes or electrical interference detectable to the normal senses or which interferes with normal radio or television reception, or causes other nuisances which are detectable beyond the limits of the subject property, or above what is expected for the neighborhood. Any waste material generated from the home occupation shall be removed promptly from the premises, according to state laws and local ordinances.

(6)

There shall be no readily observable increase in commercial vehicle traffic over that traffic normal for the neighborhood. A home occupation shall not create greater traffic than normal for the area in which it is located or generate more than twenty vehicle trips per day. Any vehicle used for the regular delivery of goods to a home shall be limited between the hours of 8 a.m. and 6 p.m.

(7)

The home occupation shall not adversely affect any natural resource or environmentally sensitive area including, but not limited to, a wetland, aquifer, watercourse or water body. The home occupation shall use only chemicals commonly found in a residence. Quantities of such chemicals used shall be consistent with amounts commonly used in a residence.

(b)

Home occupations not requiring a permit.

(1)

Home occupations which meet the following conditions do not require a permit:

a.

Employs no persons other than those who make the property their permanent residence, and not employing more than two total employees.

b.

Requires no parking other than that which could reasonably be assigned to serve a primarily residential use based on the surrounding neighborhood.

(2)

Home occupations not requiring a permit must meet the following conditions in addition to part (a) 1 through 7, above:

a.

Displays no exterior signs, exterior displays or exhibits, and no exterior storage of materials or any other exterior indications of the home occupation or variation from the residential character of the principal dwelling or accessory building.

(c)

Home occupations requiring a permit.

(1)

Home occupations which meet the following conditions shall require a permit, which may be obtained from the Code Enforcement Officer:

a.

Employs up to two persons who do not make the property their permanent residence, with no more than four total employees (including part-time workers).

b.

Proposes to have a business sign.

c.

Proposes to have parking to serve the home occupation, in addition to parking provided to serve the primary residential use.

(2)

Home occupations requiring a permit must meet the following conditions in addition to part (a) 1 through 7, above:

a.

No more than one exterior sign not to exceed eight (8) square feet shall be allowed, with no other exterior display or exhibits, no exterior storage of materials or any other exterior indications of the home occupation or variation from the residential character of the principal building or accessory structure. All signage must comply with the Sign Ordinance (Chapter 70, Article VI, Division 5).

b.

If the home occupation attracts any regular customer or client traffic, there shall be at least one but not more than three off-street parking spaces available for use by the employees and any customers of the home occupation, in addition to parking to serve the occupants of the residence. Such parking shall not be located within the front or side setback (see Section 70-536 for lot setback dimensions by zone).

(d)

Home occupations requiring conditional use review and approval from the Planning Board.

(1)

The following must obtain a limited-term Conditional Use Permit from the Planning Board, which requires a permit renewal every four (4) years:

a.

Auto body shops, auto repair facilities, and repair facilities for recreational vehicles that require registration, and that otherwise meet the definition and requirements of home occupations in part (a) and in either part (b) or (c), above. Auto body shops or auto repair facilities are not permitted in the Industrial district. Auto sales are not considered a home occupation.

b.

Home occupations located in the RP or LR district.

(2)

Auto body shops, auto repair facilities, and repair facilities for recreational vehicles that require registration requiring a home occupations conditional use permit must meet the following conditions in addition to part (a) 1 through 7, above:

a.

There shall be no more than one (1) person employed who does not make the property their permanent home.

b.

There shall be no more than one repair bay regardless of the availability of parking.

c.

There shall be no vehicle, equipment or parts of any nature stored outside overnight.

d.

There shall be no public display of goods or wares or machinery used in the home occupation visible from any public or private way or from adjacent properties.

e.

One exterior sign not to exceed eight (8) square feet shall be allowed, with no other exterior display or exhibits, no exterior storage of materials or any other exterior indications of the home occupation or variation from the residential character of the principal building or accessory structure. All signage must comply with the Sign Ordinance (Chapter 70, Article VI, Division 5).

f.

If the home occupation attracts any regular customer or client traffic, there shall be at least two but not more than three off-street parking spaces available for use by the employees and any customers of the home occupation, in addition to parking to serve the occupants of the residence. Such parking shall not be located within the front or side setback (see Section 70-536 for lot setback dimensions by zone). Parking spaces must be screened from abutting residential properties and from public roads by a landscaped buffer of at least fifteen (15) feet in width and/or a solid fence at least five (5) feet high.

g.

Auto body shops, auto repair facilities, and repair facilities for recreational vehicles that require registration in operation as home occupations prior to the effective date of this ordinance shall be considered a non-permitted use. These operations, if in compliance with subsections a through f above, may apply for and be given a permit by the Code Enforcement Officer. Operations that are not in compliance with subsections a through f above shall be grandfathered for a period of 2 years from the effective date of this ordinance, at which point they shall be required to come into compliance with the criteria for home occupations as established in this ordinance, or else discontinue use or come into compliance with the regulations for the specific zoning district in which they are located. A change in ownership, operation, or appearance (which includes signage) shall require review and permitting.

(3)

Home occupations located in the RP district shall be reviewed and considered for conditional use permit, provided the home occupation use and activities are not in conflict with the primary purpose of resource protection and conservation, as described in Chapter 70, Article IV, Division 2 (Resource Protection District). The Planning Board shall attach specific conditions to the permit as necessary.

a.

For home occupations activities for lots within or partially within the RP district, the applicant must demonstrate that the associated activities will not adversely impact the natural resource(s) associated with the zone. The Board may request a formal review by and recommendations from an appropriate natural resource agency or professional if the home occupations activities have a potential natural resource impact.

b.

The applicant must provide proof of required state and/or federal permits (if applicable), including but not limited to Maine DEP or Army Corps of Engineers.

(4)

Planning Board review.

a.

The Planning Board shall use the same review procedure as other conditional use applications, per Chapter 70, Article III (Conditional Uses), with the following amendments:

i.

Only the resident of the property may apply for a home occupations permit.

ii.

Application requirements listed under conditional use application procedure are waived, and the applicant will be required to submit the following:

1.

A written statement describing which requirement(s) in part (a) and/or part (b) cannot be met and why, the reason why an exception to the specified requirement(s) is needed, and how the applicant's proposed conditions will meet the intent of:

• not adversely impacting adjacent properties, neighborhood character, or the natural environment,

• remain clearly incidental and secondary to the use, and

• do not create nuisances detectable beyond the limits of the subject property.

2.

Supporting material as needed indicating why the Planning Board should consider waiving the condition(s), such as a site plan, photographs, or other visuals or documents.

(e)

Home occupations permits. Permits for home occupations shall expire if there is a change in ownership of the property, at the time of change of ownership.

Permits for home occupations under part (c) above shall not expire, unless there is a change in property ownership, but are subject to review by the Code Enforcement Officer if there is a change in operation or appearance or if the home occupation is otherwise no longer be in compliance with part (a) or part (c) above. The Code Enforcement Officer may recommend review by the Planning Board if the change in the home occupation more appropriately fits the criteria under part (d) above.

Permits for home occupations under part (d) above shall be valid for a period of four (4) years from the date of approval, and subject to the following renewal process:

(1)

The applicant is responsible for obtaining a renewal permit. The Code Enforcement Officer shall provide a written notice to the applicant in advance of the permit's expiration.

(2)

Failure to renew the permit prior to 1 month after the date of expiration will necessitate a new permit application and/or review.

(3)

The Code Enforcement officer shall review the renewal application, conduct a site inspection, and determine if the applicant is operating under the requirements of the home occupations standards as originally approved/permitted, and if the applicant meets any and all applicable requirements set forth therein, Section 70-606 inclusive.

(4)

If the Code Enforcement Officer finds that the applicant is no longer in compliance with the home occupations requirements as originally permitted or as applicable under section 70-606 inclusive, the permit shall be denied. The applicant shall be provided with a written notice of the specific conditions which are not in compliance, and shall either:

a.

Bring all conditions on the property into compliance with the Home Occupations requirements, or

b.

Bring all conditions into compliance with the regulations for the specific zoning district in which they are located, or

c.

Discontinue the use associated with the formerly permitted Home Occupation on that property.

Applicants denied a home occupation permit renewal due to non-compliance may seek to enter into an informal adjustment agreement with the Town, per Section 70-91.

(Code 1983, § 15-606; C.M. of 2-5-2013, V. 2013-25, 2013-25B)

Cross reference— Businesses, ch. 10; town council rules, regulations and policies for businesses, ch. 82.

(a)

Subsurface sewage disposal. All subsurface sewage disposal systems shall be built in accordance with the requirements of the state plumbing code.

(b)

Privies. Privies may be permitted in areas not served by community sanitary sewer facilities under the following conditions:

(1)

Plumbing connections. No plumbing of any kind shall be connected to or discharged into the privy pit.

(2)

Setback. The privy shall be located at a minimum horizontal distance of 100 feet from the normal high water mark of any waterbody.

(Code 1983, § 15-609; T.M. of 7-21-2009, § 2009-109)

A proposed use shall not alter or obstruct natural drainage patterns on the land to such an extent as to cause unreasonable flooding or impounding of water on the land of another or to impede the natural flow of water over the land of another. An application for a use which requires a permit shall be accompanied by the following information:

(1)

Type, location, profile and cross section of all existing and proposed surface water drainage.

(2)

Existing and proposed topography at no more than five-foot contour intervals, unless otherwise prescribed by the planning board.

(Code 1983, § 15-613; T.M. of 5-13-1995, art. 60, § 2)

(a)

General requirements. Conversion of existing buildings which do not meet dimensional or parking requirements to multiple-unit housing in the village and general residential districts may be allowed by conditional use permit from the planning board. A conditional use permit may be granted to allow reasonable economic return for the property so long as the intensity or density of the use is reasonable for the neighborhood. A determination of reasonable economic return may include consideration of heating costs, property taxes, size and obsolescence. In granting a conditional use permit, the planning board may require conditions such as date of construction, minimum dwelling unit size, outside structural modification limits, and maintenance of lawn, shrub, or green areas.

(b)

Conditional use limitations.

(1)

In the general residential zone, decrease of dimensional requirements by not more than 55 percent; decrease of parking requirements by not more than 50 percent.

(2)

In the village zone, decrease of area and/or parking requirements may be reduced by not more than two-thirds.

(c)

Guidelines. In setting required conditions, the planning board shall use the following guidelines:

(1)

Construction date. The building must have been constructed prior to 1935.

(2)

Minimum dwelling size. The minimum dwelling size shall be:

a.

At least 450 square feet for a single-person dwelling unit.

b.

At least 600 square feet for a two-person dwelling unit.

c.

At least 150 additional square feet per additional person.

(3)

Exterior. Exteriors of structures shall be maintained or reconstructed in a manner so that the architectural and aesthetic character of the property and of the neighborhood is maintained.

(4)

Open space. Open, unpaved (lawn, garden, shrub or tree) area of a minimum equal to half the combined floor space of the dwelling units but no less than 25 percent of the property shall be maintained.

(Code 1983, § 15-614; T.M. of 2-12-2002, art. 5)

No activity shall deposit on or into the ground or discharge to the waters of the state any pollutant that, by itself or in combination with other activities or substances, will impair designated uses or the water classification of the water body.

(T.M. of 5-16-1992, art. 86, § 15-616)

Any proposed land use activity within the shoreland zone involving structural development or soil disturbance on or adjacent to sites listed on or eligible to be listed on the National Register of Historic Places, as determined by the permitting authority, shall be submitted by the applicant to the state historic preservation commission for review and comment at least 20 days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the commission prior to rendering a decision on the application.

Note. Municipal officials should contact the historic preservation commission for the listing and location of historic places in their community.

(T.M. of 5-16-1992, art. 86, § 15-617)

The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts and other related features within the shoreland zone:

(1)

Roads and driveways shall be set back at least 75 feet, horizontal distance, from the normal high-water line of water bodies, tributary streams, or the upland edge of a wetland unless no reasonable alternative exists as determined by the planning board. If no other reasonable alternative exists, the planning board may reduce the road and/or driveway setback requirement to no less than 50 feet, horizontal distance, upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream or wetland. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream, or wetland. On slopes of greater than 20 percent the road and/or driveway setback shall be increased by ten feet, horizontal distance, for each five percent increase in slope above 20 percent. This subsection shall not apply to approaches to water crossings or to roads or driveways that provide access to permitted structures and/or facilities located nearer to the shoreline due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of this subsection except for that portion of the road or driveway necessary for direct access to the structure.

(2)

Existing public roads may be expanded within the legal road right-of-way regardless of its setback from a water body, tributary stream or wetland.

(3)

New roads and driveways are prohibited in a resource protection district except that the planning board may grant a permit to construct a road or driveway to provide access to permitted uses within the district. A road or driveway may also be approved by the planning board in a resource protection district upon a finding that no reasonable alternative route or location is available outside the district. When a road or driveway is permitted in a resource protection district the road and/or driveway shall be set back as far as practicable from the normal high water line of a water body, tributary stream or upland edge of a wetland.

(4)

Road and driveway banks shall be no steeper than a slope of two horizontal to one vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, section 15, subsection Q.

(5)

Road and driveway grades shall be no greater than ten percent except for segments of less than 200 feet.

(6)

In order to prevent road and driveway surface drainage from directly entering water bodies, tributary streams and wetlands roads and driveways shall be designed, constructed and maintained to empty onto an unscarified buffer strip at least 50 feet plus two times the average slope in width between the outflow point of the ditch or culvert and the normal high water line of a water body, tributary stream or upland edge of a wetland. Surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoff and to minimize channelized flow of the drainage through the buffer strip.

(7)

Ditch relief (cross drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow gains sufficient volume or head to erode the road, driveway or ditch. To accomplish this, the following shall apply:

a.

Ditch relief culverts, drainage dips and associated water turnouts shall be spaced along the road, or driveway at intervals no greater than indicated in the following table:

b.

Drainage dips may be used in place of ditch relief culverts only where the grade is ten percent or less.

c.

On sections having slopes greater than ten percent, ditch relief culverts shall be placed at approximately a 30-degree angle downslope from a line perpendicular to the centerline of the road or driveway.

d.

Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning, and their inlet and outlet ends shall be stabilized with appropriate materials.

(8)

Ditches, culverts, bridges, dips, water turnouts and other stormwater runoff control installations associated with roads and driveways shall be maintained on a regular basis to ensure effective functioning.

(T.M. of 5-14-1994, art. 49, § 15-618; T.M. of 7-21-2009, § 2009-109; T.M. of 11-17-2009, § 2009-174; C.M. 1-21-2025, V. 2025-010)

In the shoreland zone, the installation of essential services shall comply with the following:

(1)

Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.

(2)

The installation of essential services, other than road-side distribution lines, is not permitted in a resource protection district, except to provide services to a permitted use within that district, or except where the applicant demonstrates that no reasonable alternative exists. Where permitted, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.

(3)

Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a permit.

(T.M. of 5-14-1994, art. 49, § 15-619; T.M. of 7-21-2009, § 2009-109)

(a)

Generally. The appearance of the Town of Lisbon as an attractive, well kept, safe and clean community is essential to the economic health of its businesses and to the corresponding employment opportunities for its residents. The purpose of this section is to set a minimum standard for the maintenance of the grounds, buildings and structures on individual properties in order to protect public health, public safety, property values and to prevent nuisance conditions.

(b)

Definitions.

Abandoned buildings—Mobile homes—Structures. See subsection (f).

Building means a structure designed or intended for the shelter or protection of persons, animals, chattels or property (as initially defined in section 70-1 of this ordinance).

Casualty damage means any unforeseeable, unintended accident affecting a property.

CEO is an acronym meaning the Code Enforcement Officer for the Town of Lisbon.

Components means all electrical, gas, oil and other similar type accessories/attachments to the grounds, structures or buildings.

Dangerous buildings (includes structures). See subsection (e).

Grounds means the part of a property not covered by buildings or structures, including but not limited to driveways, pathways, flowers, trees and lawns.

Property means any lot, plot, or parcel of land including all buildings and structures.

Structure means anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected, the use of which requires a fixed location on or in the ground or attachment to something on or in the ground. The term excludes paved drives, streets, walks, patios and the like, septic systems, utility poles and fences. The term includes items regardless of the temporary nature of the construction such as decks and satellite dishes (as initially defined in section 70-1 of this ordinance).

(c)

References. This section was established from the guidance taken in these Maine Revised Statutes. Other sources may have been used but are not specifically mentioned here.

(1)

Title 17 M.R.S. § 2851—2859: Dangerous buildings);

(2)

Title 30-A M.R.S. § 3106A: Abandoned mobile homes;

(3)

Title 30-A M.R.S. § 3106B: Abandoned properties;

(4)

Title 30-A M.R.S. §§ 3751—3760: Junkyards and automobile graveyards;

(5)

Title 30-A M.R.S. § 4452: Enforcement of land use laws and ordinances.

(d)

Required maintenance.

(1)

All grounds or parts thereof shall be maintained to prevent unsafe, unsanitary and/or nuisance conditions in accordance with Title 17 M.R.S. §§ 2707—2859 in order to avoid any adverse effect on the value of adjacent properties.

(2)

All grounds or parts thereof shall be maintained so as not to violate any requirements or conditions set forth in Title 30-A M.R.S. §§ 3751—3760: Junkyards and automobile graveyards.

(3)

All buildings and structures and all parts thereof shall be maintained in a safe, sanitary and hazard free condition. All devices, safeguards, equipment and means of egress shall be kept in good working order. The exterior of all premises and the condition of all buildings, structures and components thereon shall be maintained so as to preserve the safe condition of such and so that hazards to public health and safety are avoided.

(e)

Dangerous buildings. In accordance with Title 17 M.R.S. § 2851, whenever the Town Councilors of the Town of Lisbon find that a building or structure or any portion thereof or any wharf, pier, pilings or any portion thereof that is or was located on or extending from land within the boundaries of the town as measured from low water mark, is structurally unsafe; unstable; unsanitary; constitutes a fire hazard' is unsuitable or improper for the use or occupancy to which it is put; a hazard to health or safety because of inadequate maintenance, dilapidation, obsolescence or abandonment; or is otherwise dangerous to life or property, they may after notice and hearing on this matter adjudge the same to be a nuisance or dangerous and may make and record an order prescribing what disposal must be made of that building or structure. Specific requirements for declarations of dangerous buildings as identified in Title 17 M.R.S. §§ 2852—2859 shall apply.

(1)

Any building or structure partially or totally destroyed by fire, flooding or other causes shall be deemed a casualty (as determined by the code enforcement officer and or fire chief) and shall be made secure immediately. The same building or structure may also be designated a dangerous building and as such would be subject to the governing Maine state statutes as well.

(2)

A permit for building/structure demolition or reconstruction shall be obtained within ninety (90) days from the date of fire or other such casualty. Work to either remove or restore all damaged building(s) or structures must begin no later than one year from the date of the casualty. Removal without planned restoration must begin within 180 days and be finished according to the schedule established by the demolition permit.

(3)

If demolition is considered for any dangerous buildings or structures, the provisions set forth in subsection (g) shall apply.

(f)

Abandoned buildings—Mobile homes—Structures.

(1)

In accordance with Title 30-A M.R.S. §§ 3106-A and 3106-B, the Town Councilors of the Town of Lisbon may regulate the care, maintenance and security of a mobile home or of property determined to be abandoned under provisions of those statutes if the responsible parties fail to address the property defects after notice and opportunity to comply. The town may recover its costs from the responsible parties.

(2)

If demolition is considered for abandoned buildings, mobile homes or structures, the provisions set forth in subsection (g) shall apply.

(g)

Demolition process—For all buildings—Structures—Mobile homes. In the case of building demolition whether partial or total and whether because of casualty, or if such building, mobile home or structure has been officially declared a dangerous building, or for any other reason demolition is considered; the provisions listed in subsections (1)—(8) are applicable.

(1)

If reconstruction is not planned to commence within one year of the date of the casualty or planned demolition date for any other reasons, it must be so stated at the time of demolition permit application.

(2)

Provisions must be made and so stated in the permit application to ensure all debris is removed or buried as lawfully allowed.

(3)

The demolition must be completed such that the property is graded to existing land contours where structures formally stood. The footprints of all buildings and structures must no longer be visible.

(4)

Current erosion and sediment control practices as established by the Maine Department of Environmental Protection must be followed in order to preclude erosion and sedimentation.

(5)

If reconstruction is not planned to commence within a year of the date of the casualty or planned demolition date for any other reasons, these post demolition standards must be met within 180 days.

(6)

If these requirements are not feasible due to an unforeseen condition, a waiver may be requested. The CEO shall award or deny waiver requests or defer to the planning board for its consideration.

(7)

The town may recover its costs from any actions taken to ensure compliance with these standards.

(8)

The time limits set forth in this section be deemed to commence and be applicable to any partial or total demolitions of buildings, mobile homes or structures that occur prior to or after the date of enactment.

(h)

Enforcement, penalties and appeals.

(1)

Enforcement. The Code Enforcement Officer of the Town of Lisbon shall be herein specifically authorized by the Councilors of the Town of Lisbon and shall enforce the provisions of this section. As with other enforcement matters, the CEO shall first seek voluntary cooperation from the alleged violator, allowing no more than sixty (60) days for the completion of corrective action. If complete and satisfactory correcting of the violation is not possible within the sixty (60) day allowance, such action shall be initiated in accordance with the provisions set forth in section 70-91—Informal adjustment of land use violations.

(2)

Penalties. If a violation is not corrected within the time frame allowed the town shall pursue all remedies and relief available by law and/or in equity for land use ordinances, including without limitations the remedies and relief provided Title 30-A M.R.S. § 4452. The town shall retain all monetary penalties collected pursuant to enforcement of this section.

(3)

Appeals. The alleged violator(s) may appeal the CEO's decision to the Zoning Board of Appeals of the Town of Lisbon for consideration. Appeals must be made in accordance with section 70-120(a) (Administrative appeals) and (d) (Informal adjustment agreement).

(C.M. of 5-3-2016, V. 2016-103; C.M. of 1-17-2023, Vote No. 2023-14)

(a)

Yard sales. Yard sales do not require a permit. Yard sales may not be operated in the industrial district.

(b)

Used merchandise sales. Used merchandise sales shall meet the following requirements:

(1)

Shall be operated only during the period of April 1 through November 30.

(2)

Before commencing a used merchandise sale, the operator must obtain a permit from the code enforcement officer and pay a fee equal to one-fourth of the permit fee required of outdoor flea markets. No fees shall be required of organizations documented as tax-exempt under section 501(c)(3) of the U.S. Internal Revenue Code and shall be so indicated on the issued permit.

(3)

May only be held once per calendar year.

(4)

May last no longer than 40 individual full or partial days running consecutively. If the used merchandise sale has been previously operated as a yard sale during the same calendar year, this time shall be reduced by any full or partial days the yard sale operated in violation of this ordinance. The reduced amount of time shall be delineated on the issued permit.

(5)

Must have off street parking as defined in section 70-661(a)—(d) and (g) and meet safety requirements consistent with established public safety standards as determined by the code enforcement officer.

(6)

The town council, upon the recommendation of the town manager, may grant an exemption to an operator that will conduct a used merchandise sale on a limited basis from any or all of the requirements of this section.

(7)

Violations of the provisions of any permit will be cause for immediate revocation of said permit.

(c)

Signage. All signage for "yard sales" and "used merchandise sales" must be placed in accordance with the requirements of sections 70-715(k), 70-716(5), and 70-720 of this chapter, however, in addition, all signage must be removed at the termination of the event.

(C.M. of 7-19-2016, V. 2016-170)

(1)

Purpose. The purpose of the Accessory Dwelling Unit standards are to:

a.

Increase the supply of affordable housing without the need for more infrastructure or further land development.

b.

Provide flexible housing options for residents and their families.

c.

Integrate affordable housing into the community with minimal negative impact.

d.

Provide elderly citizens with the opportunity to retain their homes and age in place.

(2)

Conditional Use Permit Required. In zones RP and DD, the Planning Board is authorized to grant a Conditional Use Permit to allow for Accessory Dwelling Units in accordance with the restrictions and requirements of this section.

a.

The Conditional Use permit shall run with the land, not the property owner.

(3)

Criteria for Approval. All of the following criteria must be met in order for the Planning Board to approve an Accessory Dwelling Unit.

a.

A maximum of one (1) Accessory Dwelling Unit may be permitted on a property located in zoning districts that allow single-family dwellings.

b.

The Accessory Dwelling Unit can be within the existing home, attached to it, or in a new strucfture.

c.

The Accessory Dwelling Unit shall have an independent means of ingress and egress.

d.

The applicant must demonstrate adequate provisions for water supply and sewage disposal for the accessory and principal dwelling units. Water and wastewater systems for the principal dwelling unit and Accessory Dwelling Unit may be shared or separate.

e.

Accessory Dwelling Units shall maintain an aesthetic continuity with the principal dwelling unit as a single-family dwelling.

f.

An Accessory Dwelling Unit shall not exceed 800 square feet.

g.

The Accessory Dwelling Unit shall have no more than 2 bedrooms.

(4)

An Accessory Dwelling Unit that complies with the requirements of this section shall not be considered an additional dwelling unit when calculating lot area per family under the space and bulk regulations of the Code.

(5)

All necessary building and occupancy permits shall be obtained from the Code Enforcement Officer. Compliance with all building codes applicable to the construction of an Accessory Dwelling Unit is required.

(C.M. of 6-2-2020, V. 2020-106; C.M. 10-17-2023, Vote No. 2023-195)

(a)

Manufactured housing is permitted to be placed or erected on individual house lots where single-family dwellings are allowed, subject to the same requirements as single-family dwellings and the following siting and design standards. The following standards do not apply to manufactured homes in mobile home parks.

(b)

Siting Standards.

(1)

The unit shall be placed on a permanent foundation with a minimum 4' frost wall or a floating slab.

(2)

The unit may not be placed on grade beams, gravel pads, or wheels and axles.

(3)

Units placed within 100' of the right-of-way must be oriented with the horizontal dimension facing the street. Exceptions to this will be made for manufactured housing units used as accessory dwelling units, which may have other orientations.

(c)

Design Standards.

(1)

The roof pitch shall be at least 3/12 or steeper. Rounded or flat roofs are not allowed.

(2)

Roof shingles shall be either asphalt composition shingles, wood shingles, shakes, or standing seam metal roofing.

(3)

Exterior wall surfaces shall be of residential site-built building materials, such as clapboards, simulated clapboards such as conventional vinyl or metal siding, or wood shingles.

(4)

Exterior walls shall not be clad in metal panels or metallic surfaces.

(5)

A unit on a floating slab must have skirting between the slab and the bottom of the unit made of durable material made for such use that is visually compatible with the exterior wall surfaces.

(C.M. 7-16-2024, V. 2024-120)

The following standards shall apply to the construction of roads and/or driveways in all zoning districts.

(a)

Street classification.

(b)

Streets shall be classified as arterial, collector, local, major or minor streets, or private ways, according to the definitions set forth in Section 70-1.

(c)

Standards.

(1)

All streets shall meet the design and construction standards in the table in Sec. 70-618, Design and Construction Standards for Road and Driveways.

(2)

Streets shall be designed to integrate with the topography and natural features and provide safe travel for all users of the street.

(3)

Streets shall be designed for safe vehicle, pedestrian, and bicycle movement.

(4)

Any new street or road applied for through the development review process shall not be approved unless recommended by the Public Works Director, Fire Chief, and Police Chief, who shall review the project for safety and the capacity to serve all users without undue risk of deterioration.

(5)

Streets for public acceptance must meet the standards in Chapter 46, Article III, Street Acceptance Standards.

(6)

Permanent survey monumentation (four-inch by four-inch by four-foot granite monument or approved equivalent) shall be provided and set by a State of Maine Professional Land Surveyor along the street at all changes in direction (including point of curvature and point of tangency for curved) on both sides of the street. Monument location and type at all other points must conform to standard State of Maine survey practices.

(7)

Fire Prevention.

a.

Streets with public water access shall provide fire hydrants every 1,000 feet.

b.

Streets without public water access with dwellings located more than 1,000 linear feet from a functioning fire hydrant shall provide a dry hydrant, fire pond, or dwellings on these streets must have a National Fire Protection Association (NFPA) 13D monitored sprinkler system installed.

c.

Hydrants, ponds, and sprinklers shall be approved by the Lisbon Fire Chief or designee.

d.

Hydrants, ponds, and sprinklers shall be routinely inspected by the Town of Lisbon and Lisbon Water District.

e.

Dead-end private roads not supplied with public water shall have hammerhead turnarounds installed every 1,000 linear feet.

(8)

Performance bond.

a.

The developer shall submit either a performance guarantee in an amount to be determined by the town manager, upon consultation with any staff or consultants deemed necessary, to be equal to the costs of furnishing, installing, connecting and completing all aspects of the street grading, construction, all layers of paving, storm drainage and utilities required within one year from the date of the guarantee. The performance guarantee may be in the form of a performance bond, letter of credit, or escrow deposit with a corresponding escrow agreement between the developer and the Town. The performance guarantee shall be renewed, subject to approval by the town manager, until the project is complete and has been satisfactorily inspected, or the permit has expired.

(9)

Inspections. The developer shall coordinate the construction of streets, drains, sewers, and utilities with the following responsible agencies:

a.

The Code Enforcement Officer and the town's consulting engineer shall work with the developer to schedule a preconstruction meeting and schedule of inspections based upon the developer's intended construction program. At a minimum, the Director of Public Works (and/or designee), the Code Enforcement Officer (and/or designee), and the town's consulting engineer shall be contacted by the developer to schedule inspections.

b.

When a minimum length of 300 feet (or the entire length of a street if it is less than 300 feet in length) has been excavated to subgrade and properly prepared for the placement of gravel, the Public Works Department shall be called to perform an inspection and approval granted before gravel is placed. Gravel shall be placed in compacted layers of not more than 8 inches. Before any surface material is placed in any area, the work shall again be inspected by the Director of Public Works. The placement of bituminous concrete shall be done in accordance with this chapter, and be inspected by the Department of Public Works.

c.

Prior to any water or sewer construction, necessary approvals shall be obtained from the Lisbon Water and Sewer Departments. A representative of each department shall be present whenever an existing sewer is to be cut, entered, or in any way disturbed. The Departments shall be notified immediately if any of its lines are damaged or in need of repair. If any municipal road is to be opened, approval must be obtained from the Town Council in advance of the work. All utilities shall certify in writing that the work has been accomplished to their satisfaction prior to acceptance by the Town of any street or way.

(d)

Private streets.

(1)

All new private streets shall meet, at minimum, the standards for a Minor Road outlined in the table in Sec. 70-618, Design and Construction Standards for Road and Driveways.

(2)

No building permit shall be issued for a new primary dwelling unit with primary access from a private street serving a total of ten (10) or more lots, unless the street has been or will, as a condition of approval, be built or upgraded to meet the Major Street standards. These standards may be modified only where (1) the easement serving the property was conveyed prior to [date] and is not of sufficient width or contains other physical or legal restrictions which prevent the standards from being met; or (2) prior conveyances or construction abutting the private street make it impossible to meet the standards due to undue hardship.

(3)

Private roads that are part of a subdivision or site plan application, or that are intended for use to support a development requiring Planning Board review, shall be reviewed by the Planning Board.

(4)

Private roads not part of a subdivision or site plan application:

a.

Submission requirements. An application form and plan set shall be prepared by a Maine licensed engineer. At a minimum, the plan shall include the location and width of the right-of-way, a plan view and profile view of the roadway, the location and size of culverts and proposed drainage features.

b.

Review authority. All private road application forms and plans shall be submitted to and approved by the Code Enforcement Officer.

(e)

Dead-end streets.

(1)

Cul-de-sacs and dead-end streets shall be provided with a suitable turning circle or turnaround, as follows:

a.

A hammerhead turnaround shall be constructed at a distance of 50 feet from the roadway edge at ninety degrees (90°) to the street it serves. Larger dimensions may be required by the Code Enforcement Officer to accommodate larger design vehicles anticipated to use the turnaround.

b.

All turning circles shall be paved to specified street standards and have the following minimum diameter:

i.

Right-of-way: 100 feet.

ii.

Outer pavement edge: 85 feet.

iii.

Inner pavement edge: 65 feet.

(2)

Temporary turnarounds may be allowed where future road extensions are planned if designed to allow discontinuance of the turning circle while not creating any lots with less than the required frontage for the zone in which located.

(3)

Driveways shall not be located off the ends of hammerhead turnarounds.

(4)

In the LR, GR, V districts, no dead end shall exceed 1,500 linear feet, or 15 lots.

(5)

In the RR, LRR, ROS-I, and ROS-II districts, no dead end shall exceed 2,500 linear feet, or 15 lots.

(f)

Driveways.

(1)

The maximum length of a driveway shall not exceed 1,000 feet.

(2)

All driveways serving more than 1 dwelling unit in excess of 150 feet shall contain at least one turnaround. The exact location of the turnaround shall be reviewed by the Fire Department.

(C.M. 1-21-2025, V. 2025-010)

Editor's note— C.M. 1-21-2025, V. 2025-010, set out provisions intended for use as § 70-617. Inasmuch as there were already provisions so designated, said section has been codified herein as § 70-618 at the discretion of the editor.

(C.M. 1-21-2025, V. 2025-010)

Editor's note— C.M. 1-21-2025, V. 2025-010, set out provisions intended for use as § 70-618. Inasmuch as there were already provisions so designated, said section has been codified herein as § 70-619 at the discretion of the editor.

(a)

Typical cross section and underdrain. In lieu of an enlarged right-of-way, or drainage easements along the proposed street right-of-way, an underdrain may be used to provide drainage for surface water and/or water from the subbase of the street. Included with the submittal of the preliminary plan shall be a profile and cross section of the underdrain system and arrangement of the filter media surrounding the pipe. The selection of drain size and arrangement of the surrounding filter media shall be designed by a licensed professional engineer, and the engineer's statement to this effect shall accompany the plan for approval. When underdrain is used, the base and subbase shall extend to the right-of-way line as much as possible. The surface drainage shall be handled satisfactorily and separate from the underdrain.

(1)

Specification of materials: Sub-base. The aggregate sub-base course shall be sand or gravel of hard durable particles free from vegetative matter, lumps, or balls of clay and other deleterious substances. Aggregate for the sub-base shall contain no particles of rock exceeding six (6) inches in any dimension. The gradation shall meet the following grading requirements:

(2)

Base. The aggregate base course shall be sand or gravel of hard durable particles free from vegetative matter, lumps, or balls of clay and other deleterious substances. Aggregate for the base shall contain no particles of rock exceeding three (3) inches in any dimension. The gradation shall meet the following grading requirements:

(3)

Pavement.

a.

Base mix. A base mix layer is required which meets the most recent MDOT Standard Specifications for plant mix grade B.

b.

Surface mix. A surface mix layer is required which meets the most recent MDOT Standard Specifications for plant mix for grade C or grade D and liquid asphalt.

(C.M. 1-21-2025, V. 2025-010)

Editor's note— C.M. 1-21-2025, V. 2025-010, set out provisions intended for use as § 70-619. Inasmuch as there were already provisions so designated, said section has been codified herein as § 70-620 at the discretion of the editor.

Lot size in each district shall meet or exceed the minimum requirements in article IV of this chapter.

(Code 1983, § 15-501; T.M. of 5-13-1995, art. 58, § 26)

Yard dimensions shall meet or exceed minimum requirements in article IV of this chapter.

(Code 1983, § 15-503; T.M. of 5-13-1995, art. 58, § 26)

Lot coverage of all buildings shall not exceed the percentages listed in article IV of this chapter.

(Code 1983, § 15-504; T.M. of 5-13-1995, art. 58, § 26)

Off-street parking requirements vary according to use, and availability of public parking. For additional requirements, refer to performance standards in section 70-661 et seq.

(Code 1983, § 15-505)

If more than one principal building is constructed on a single lot, all dimensional requirements shall be met separately for each such principal building.

(Code 1983, § 15-506)

No part of the yard or other open space required on any lot for any building shall be included as part of the yard or open space similarly required for another building or lot.

(Code 1983, § 15-507)

All corner lots shall be kept free from visual obstructions for a distance of 25 feet measured along the intersecting street lines.

(Code 1983, § 15-508)

No building shall exceed 35 feet in height. Features of buildings and structures, such as chimneys, towers, ventilators and spires, may exceed 35 feet in height but shall be set back from the nearest lot line a distance not less than the height of such feature or structure unless a greater setback is required by other provisions of this chapter.

(Code 1983, § 15-509)

Land below the normal high water line of a water body or upland edge of a wetland and land beneath roads serving more than two lots shall not be included toward calculating minimum lot area.

(T.M. of 5-16-1992, art. 86, § 15-510)

The minimum width of any portion of any lot within 100 feet, horizontal distance, of the normal high water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.

(T.M. of 5-16-1992, art. 86, § 15-511)

(a)

Section 46-62 notwithstanding, a building permit may be issued as a conditional use for a structure on a rear lot, as defined in section 70-5(b)(2), but which meets the minimum area requirements for the district in which the lot is situated. The lot must be configured in such a manner that it is possible to inscribe completely within the boundaries of the lot a circle whose diameter is equal to the minimum required frontage for the district in which the lot is proposed. In the groundwater pro-tection overlay zone and pro-tective strip located on public sewer the diameter of the circle shall be 100 feet. The access to the lot shall be no less than 20 feet wide at all points and may be either an easement or a fee ownership. The 20-foot requirement shall not apply to lots of record existing as of March 10, 1975 and rights-of-way servicing those lots which are less than 20 feet in width.

(b)

The separate lot over which the right-of-way access passes shall have road frontage which exceeds the minimum lot frontage requirement for the district by the width of the access road.

(c)

The following conditions shall apply:

(1)

The application for a conditional use permit shall be accompanied by a plan showing the access to the lot prepared by a professional land surveyor.

(2)

Only two new lot(s) may gain frontage from such an access as described in subsection (b) above. Any creation of three or more lots, over any time period, shall require that the road standards in terms of width, design and construction as required for subdivisions, shall be met.

(3)

The area within the access shall be excluded in the calculation of minimum lot size for both the new lot(s) and the existing lot of record.

(4)

The principal access shall be designed, constructed and maintained to permit access and turnaround by emergency vehicles including fire trucks.

(5)

The proposed access shall be over terrain conducive to the construction of an access road and shall not include terrain that is considered unbuildable due to its condition such as wetland areas, areas of excessive slope, and the like.

(6)

When conditions of the area over which the access road is being proposed warrant, the planning board may impose such construction requirements and constraints as may be necessary to provide adequate access without detrimentally affecting property of abutters.

(T.M. of 5-13-1995, art. 59, § 1; T.M. of 10-2-2000, art. 4; T.M. of 5-15-2006, art. 28)

(a)

In any district where permitted, no use of premises shall be authorized or extended, and no building or structure shall be constructed or enlarged unless there is provided for such extension, construction or enlargement, off-street automobile parking space within 300 feet of the principal building, structure or use of the premises, in accordance with section 70-662.

(b)

In the Village District the use of an existing building for its current use shall be deemed to be in compliance with the off-street parking requirements of this section. However, any change in the use above the first floor or any renovation which increases the floor area shall be required to comply with the required off-street parking requirements for the increased floor area.

(c)

Except as provided below, each parking space shall contain a rectangular area at least 18 feet long and nine feet wide. Up to 20 percent of required parking spaces may contain a rectangular area of only eight feet in width by 15 feet in length. If such spaces are provided, they shall be conspicuously designated as reserved for small or compact cars only. 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.

(d)

Wherever parking areas consist of spaces set aside for parallel parking, the dimensions of such parking spaces shall be not less than 22 feet by nine feet.

(e)

The use of shared parking and driveways is allowed as a conditional use. Required off-street parking may be allowed when the developer/owner demonstrates right and availability of parking within that zone. The following criteria must be met in order for the planning board to approve shared parking or driveways: reasonable access to the site; walking distance to the facility; and enough spaces are available to accommodate the needs of each use. If the parcel changes ownership, uses, or is enlarged, the property owner must return to the planning board for reapproval of the shared parking.

(f)

The joint use of a parking facility by two or more principal buildings or uses may be approved by the planning board where it is clearly demonstrated that said parking facilities would substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees of such establishments.

(g)

All parking spaces shall be at least five feet from any side or rear lot line.

(h)

Parking spaces shall be provided and available for use prior to the issuance of the certificate of occupancy.

(i)

No off-street parking facility shall have more than two entrances and exits on the same street, and no entrance or exit shall exceed 26 feet in width.

(j)

Parking areas with more than two parking spaces shall be so arranged that vehicles can be turned around within such areas and are prevented from backing into the street. This requirement may be modified as a conditional use.

(k)

A driveway/entrance permit shall be obtained from the Maine Department of Transportation on any state or state aid roads outside the urban compact area.

(l)

Entrances and exits shall be clearly identified by the use of devices such as signs, curb cuts, and landscaping.

(Code 1983, § 15-607(1); T.M. of 5-17-2003, art. 54; T.M. of 7-21-2009, § 2009-111)

(a)

A minimum six-foot-wide raised or physically separated pedestrian walk must be constructed between all parking areas and drives which abut buildings, except in areas of drive-through facilities and loading bays.

(b)

Access to parking stalls should not be from major interior travel lanes, and shall not be immediately accessible from any public way.

(c)

Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles.

(d)

Parking aisles should be oriented perpendicular to stores or businesses for easy pedestrian access and visibility.

(e)

Lighting of parking areas may be required at the discretion of the planning board. All artificial lighting used to illuminate any parking space or spaces shall be so arranged that no direct rays from such lighting shall fall upon any neighboring property or streets.

(f)

All lots with parking and loading areas for ten or more vehicles shall be paved with at least two inches of bituminous concrete (or equivalent) surfacing over a gravel sub base at least six inches in thickness. This shall include driveways, parking, loading, turning and aisle areas. These areas shall have appropriate bumpers or curbs to prevent vehicle traffic on unpaved areas.

(g)

On paved areas, painted stripes shall be used to delineate parking stalls. Stripes shall be a minimum of four inches in width.

(h)

Driveways providing access to parking aisles shall be not less than ten feet in width for one-way traffic and 18 feet in width for two-way traffic, except that ten-foot-wide driveways are permissible for two-way traffic when (i) the driveway is not longer than 50 feet, (ii) it provides access to not more than six spaces, and (iii) sufficient turning space is provided so that vehicles need not back into a public street.

(i)

Parking area aisle widths shall conform to the following table, which varies the width requirement according to the angle of parking.

(j)

Where the development will abut an existing or potential parking area provisions shall be made for internal vehicular connections.

AISLE WIDTH

(T.M. of 5-17-2003, art. 54; T.M. of 7-21-2009, § 2009-111)

_____

PARKING SPACE REQUIREMENTS

NOTES:

(1)

For retail stores that are part of a gasoline service establishment, one-half of service spaces at the pumps may be applied to meet not more than one-half of the required parking spaces.

(2)

Applies to elderly housing as constructed under special local, state or federal guidelines restricting occupancy to elderly persons.

(3)

GSF stands for gross square feet.

The minimum off-street parking requirements shown in the above section may be modified as a conditional use. All such modifications require a parking demand study by a registered professional engineer. The parking demand study shall address occupancy, demand, demand as reflected by time of day, duration, turnover and assessment of alternatives.

(Code 1983, § 15-607(2); T.M. of 5-14-1994, art. 48; T.M. of 5-17-2003, art. 54)

_____

In any district where permitted or allowed, off-street loading facilities shall be located entirely on the same lot as the building or use to be served so that trucks, trailers and containers shall not be located for loading or storage upon any public way.

(Code 1983, § 15-607(3); T.M. of 5-17-2003, art. 54)

(a)

Landscaping at street line. Any parking lot that is located partially or entirely within the required front setback shall be buffered from the street with a combination of distance and screening, as follows:

(1)

A minimum buffer width of 20 feet, as measured from the street line, is required if the width consists of a mixture of deciduous and evergreen vegetation a minimum of 18 inches in height at the time of planting.

(2)

A minimum buffer width of ten feet, as measured from the street line, is required if the buffer consists of entirely non-deciduous vegetation, a minimum of 18 inches in height at the time of planting.

(3)

No minimum buffer width is required if the parking lot will be separated from the street by a solid hedge, berm, wall, or fence a minimum of two feet in height, provided that the buffering structure does not encroach upon the street right-of-way.

(b)

Screening from residential properties. Any parking lot that is located within 100 feet horizontal distance of a residential district or existing residential use shall be screened from that district or use. A natural or landscaped vegetative strip shall be established or retained to provide an effective visual barrier. At the time of application, the board may require the developer to produce a visual representation (such as a Photoshop image) to illustrate the effectiveness of the barrier.

(1)

A minimum screen width of 50 feet shall be required if the area will consist of undisturbed native woodland or change in elevation of at least ten feet.

(2)

A minimum screen width of 25 feet shall be required if the area will consist entirely of native coniferous vegetation forming an effective visual barrier, or if a planted vegetative screen is installed and maintained. If a planted vegetative screen is used, it shall consist of a combination of mature trees, understory trees, and shrubs forming an effective visual barrier within five years of planting.

(3)

Where the establishment of vegetation is impracticable, or in unique circumstances, the board may permit screening to consist of fences, walls, berms, or combinations thereof. In no case shall a parking lot be located closer than five feet to adjoining residential property.

(c)

Landscaping within the parking lot.

(1)

A parking lot exceeding 10,000 square feet shall be supplemented by interior landscaping. Landscaping shall be oriented and designed to serve multiple purposes, such as stormwater retention, traffic flow management, pavement cooling, and pedestrian refuges.

a.

A minimum of five percent of the overall area of the parking lot shall be devoted to interior landscaping.

b.

Landscaped aisles shall be used to break large expanses of parking stalls into bays of no more than 50 stalls each. Landscaped aisles shall have a minimum width of 15 feet, if containing a pedestrian walkway, or ten feet if consisting entirely of pervious surface.

c.

Landscaped areas shall consist of a mixture of deciduous and evergreen vegetation selected for adaptability to the site. A two-inch caliper canopy tree shall be placed within each landscaped area and along every 50 feet of landscaped aisle, to aid in cooling and reduce visual and aural impacts of the parking lot.

d.

Landscaped areas shall be located, designed, planted, and maintained as bio-retention areas for the purpose of managing stormwater from the parking lot wherever feasible.

e.

Landscaped areas shall be protected from vehicle encroachment by curbs, wheel stops, or other devices permanently installed.

(d)

Landscape plan. The applicant shall provide a landscaping plan in sufficient detail to ascertain the landscape elements, including lighting structures, hardscape features, and type and placement of vegetation planted or retained on the site.

(1)

All trees and shrubs to be planted must be rated for climate Zone 4 or lower, and must be demonstrated to be adaptable to urban, roadside conditions. Non-native plants shall not be of an invasive or nuisance species.

(2)

The landscaping plan shall include provisions for regular maintenance and replacement of required plantings.

(3)

The landscaping plan shall include provisions for maintenance of walls, fences, drains, and other landscape features and stormwater structures, including but not limited to, regular painting and repair.

(e)

Lighting. A development may employ parking lot lighting which serves security, safety, and operational needs but does not impair the vision of vehicle operators on adjacent streets or infringe on neighboring properties.

(1)

Lighting fixtures shall be shielded or hooded, and placed so that the lighting elements are not exposed to normal view from a public street or adjacent dwellings. Under no circumstances will fixtures be located or directed so as to create a nuisance to abutting residential properties.

(2)

Free-standing light fixtures that are located within 100 feet of a residential district or existing residential property shall not extend more than 15 feet above ground level.

(3)

Lighting intensity shall not exceed one-half foot-candle at the property line. The board may require a lighting plan which will estimate the intensity of the proposed lighting throughout the site.

(Code 1983, § 15-607(4); T.M. of 5-17-2003, art. 54; T.M. of 7-21-2009, § 2009-111)

(a)

Federal and/or state permits which may be required for piers, docks and other shoreline construction shall be obtained and requirements of those permits followed.

(b)

Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.

(c)

The facility shall be located so as to minimize adverse effects on fish habitat.

(d)

The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the surrounding character and uses and character of the area.

(e)

The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the surrounding character and uses of the area. A temporary pier, dock or wharf shall not be wider than six feet for non-commercial uses.

(f)

No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland unless the structure requires direct access to the water body or wetland as an operational necessity.

(g)

New permanent piers and docks shall not be permitted unless it is clearly demonstrated to the planning board that a temporary pier or dock is not feasible, and a permit has been obtained from the Department of Environmental Protection, pursuant to the Natural Resources Protection Act.

(h)

No existing structures built on, over or abutting a pier, dock, wharf or other structure extending beyond the normal high-water line of a water body or within a wetland shall be converted to residential dwelling units in any district.

(Code 1983, § 15-608; T.M. of 5-16-1992, art. 86, § 15-608; T.M. of 7-21-2009, § 2009-109)

The purpose of the division is to encourage effective use of signs as a means of communication within the town; to maintain and enhance the aesthetic appearance of the town and the town's ability to attract economic development; to improve and maintain pedestrian, bicycle and vehicular safety; and to minimize possible adverse effects of signs on public and private property.

(Code 1983, § 15-610(2); T.M. of 5-20-1996, art. 62, § 15-610; T.M. of 5-15-1999, art. 56; C.M. of 12-2-2014, V. 2014-257)

(1)

This ordinance shall apply to all exterior signs and signage placed on buildings and structures as seen from the exterior.

(2)

Except under section 70-717 Nonconforming Signs or for signs otherwise exempt under this ordinance, no sign shall be erected, enlarged, illuminated or substantially altered without a sign permit issued by the code enforcement officer.

(3)

These standards do not supersede any state or federal requirements. Where any apparent conflicts between local and state standards occur, the more restrictive standard shall apply.

(4)

Where conflicts between this ordinance and other Town of Lisbon Code or ordinance occur, the more restrictive of the requirements shall apply.

(C.O. of 5-27-2008, § 2008-81; C.O. of 8-19-2008, § 2008-133; C.M. of 4-19-11, V. 2011-52; C.M. of 12-2-2014, V. 2014-257)

(1)

For all signs requiring a permit under this ordinance, a sign permit issued by the code enforcement officer is required prior to the erection, replacement, relocation or construction of any sign, its structure or appurtenances to the structure.

(2)

All requests for a sign permit under the provisions of this ordinance must be submitted, on an application form supplied by the town, to the code enforcement officer.

(3)

Applications for a sign permit submitted to the code enforcement officer must be accompanied by the required fee, as specified in Appendix C—Fee Schedule of the Lisbon Code of Ordinances.

(4)

If an applicant for a sign permit has a recently approved site plan, the property's sign permit fees shall be waived for the first twelve (12) months after the site plan approval date.

(5)

All sign plans or signs not requiring a permit and must comply with the standards and requirements of this ordinance and any state or federal regulations.

(C.O. of 5-27-2008, § 2008-82; C.O. of 8-19-2008, § 2008-133; C.M. of 4-19-2011, V. 2011-52; C.M. of 12-2-2014, V. 2014-257)

(1)

This ordinance will be enforced by the code enforcement officer, except as otherwise noted in this division.

(2)

When any violation of any provision of this ordinance is found to exist, the code enforcement officer will institute any actions and proceedings that may be appropriate or necessary to enforce the provisions of this ordinance.

(3)

Any person aggrieved by a decision of the code enforcement officer may appeal to the board of appeals within 45 days.

(4)

Any person aggrieved by the decision of the board of appeals may appeal said decision to the State of Maine Superior Court. The appeal must be filed within 45 days after the decision of the board of appeals.

(C.M. of 12-2-2014, V. 2014-257)

Agricultural signs means any signs associated with a commercial agricultural use or agricultural-related home occupation.

Animated sign means any sign that uses movement or change of lighting to depict action or create a special effect or scene.

Building-mounted signs means any sign which is mounted directly onto or incorporated onto an architectural feature of or the exterior of a building, including wall-mounted, hanging signs, roof signs, canopy signs, or wall graphics.

Changeable message sign means a sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. See also Readerboard.

Banner means a type of temporary sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

Canopy or awning sign means a sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. This shall include gas station canopies.

Digital or electronic sign means any sign that in whole or in part uses electronic or digital means to display words, symbols, figures or images, including signs that can be electronically or mechanically changed by remote or automatic means. See also Animated Sign, Readerboard, and Changeable Message Sign.

Free standing sign means a fixed sign supported by one or more uprights or braces, permanently affixed to the ground, and not attached or affixed in any way to a building.

Hanging sign means a sign affixed to a building or wall and projecting outward from the building in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall, or a sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

Identification sign means a sign identifying the name of a business or other non-residential use, located on the property which the use or activity is on.

Informational signs means private signs which provide instruction or direction (including way-finding) and are located entirely on the property to which they pertain, such as restroom, handicap access, public telephone, pedestrian-oriented signs, parking signs, or vehicular circulation or entrance/exit signs. Information signs shall not include the name of the business or the business logo.

Internally illuminated sign means a sign where light shines through a transparent or semi-transparent sign face to illuminate the sign's message.

Exposed neon is considered to be a form of internal illumination.

Off-premises sign means a sign which advertises activities, goods or services not rendered on or taking place on the property on which the sign is located. Off-premises signs include signs posted or displayed in the public right-of-way.

Permanent sign means a non-portable sign that is designed and intended to be permanently mounted or affixed to the ground, a building, or a structure, and is intended for continuous and/or long-term use. Under this ordinance, all signs are considered permanent unless specified as temporary.

Portable sign means a sign that is not designed or intended to be permanently affixed in the ground or to a building or other structure, but is used on a regular basis (versus only a temporary or limited timeframe). This shall include sandwich boards, which consist of two one-sided surfaces hinged at the top.

Public safety signs means any permanent sign used to maintain public safety, health, and well-being by the Town of Lisbon, or any state or federal agency or authority.

Public traffic and roadway signs means any sign within the public right-of-way under the jurisdiction of the Maine Department of Transportation and/or the Town of Lisbon, including official road and traffic signs, official permitted business directional signs (department of transportation), and temporary road safety or construction signs. Public signs are not regulated under this ordinance.

Readerboard sign (or changeable lettering sign) means a sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable lettering sign for purposes of this ordinance. A sign on which the lettering that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable lettering sign for purposes of this ordinance.

Residential signs means any signs related only to a residence and residential use, such as street address numbers, homeowner name signs (such as surname posted on a building or sign), not including any sign related to a home occupation or commercial product or business advertising, and not including other temporary signs as listed below.

Roof sign means a sign erected and located wholly on and over the roof a building, supported by the roof structure, or extending vertically above the highest portion of the roof.

Temporary sign means a sign that is not designed or intended to be permanently mounted or affixed to the ground, a building, or a structure, and which is displayed only for a temporary or limited timeframe.

Temporary sign types:

(a)

Real estate signs means any temporary sign placed by a real estate agency or realtor to advertise a property or building for sale, rent or lease.

(b)

Political signs means any temporary sign for use in political advertising.

(c)

Signs giving notice means temporary signs used to provide public notice, as required by local, state or federal law.

(d)

Project/contractor signs means a small temporary sign advertising a builder(s), engineer(s), designer(s), or similar individual(s) who is (are) responsible for the development under construction, used only during the construction and development of a site or building.

(e)

Advertising flags and banners means any use of flags or banners to advertise and promote a business, product, or business-related activity.

(f)

Window signs for advertising means any non-permanent signs placed in the window or doorway to be visible to the public or clients.

(g)

Temporary business identification signs means the use of a banner or other temporary signage form as an interim identification sign, or business/use relocation sign, intended to be replaced by a permitted permanent sign.

(h)

Community, charitable and non-profit signs means any signage used expressly for a community, non-profit, or charitable entity, use or activity.

(i)

Temporary public safety signs means any temporary sign used to maintain public safety, health, and well-being for a limited time period by the Town of Lisbon, state or federal agency or authority, or for use in a construction area as maintained by a professional contractor.

(j)

Temporary advertising features means any object displayed outside that advertises or may be construed to advertise a business/use, product, service, event, or non-residential activity.

(k)

Temporary advertising signs at a residence means a sign advertising the sale of goods or personal property at a place of residence, but not including advertisement for services (e.g. lawn care) or other home occupation.

(l)

Farm stand signage means a sign used seasonally to advertise the sale of agricultural goods or products. See also Agricultural Signs.

Time and temperature sign means a type of changeable message sign that is capable of displaying only public service information such as time, date, temperature, but not words, symbols or other advertising messages.

Town signs means signs used and maintained by the Town of Lisbon, including but not limited to welcome/gateway signs, town business park signage, public school signs, town office or other town department or committee signs, and temporary notice or advertising for Town events and activities.

Window sign means any sign, text, graphics, symbol, or combination thereof, designed to communicate information about a non-residential activity, business, goods, services, event, or sale that is placed inside a window, or upon the window panes or glass, and is visible from the exterior of the window.

(C.M. of 12-2-2014, V. 2014-257; C.M. 2-21-2023, Vote No. 2023-32)

The following types of signs do not require a sign permit, and do not count towards the maximum sign area allowed for a property. Notwithstanding the exemption from permitting requirements, such signs shall be subject to the provisions of Section 70-718 General Standards, except where expressly noted, and, if such sign constitutes a temporary sign, the provisions of section 70-720 Temporary Signs.

(1)

Signs smaller than two (2) square feet.

(2)

Temporary political signs.

(3)

Temporary real estate signs.

(4)

Trespass, hunting, posted property signs. Any signage permitted or required by state or local law to post public notice of no trespassing, no hunting, or otherwise posting a private property.

(5)

Temporary signs smaller than twelve (12) square feet.

(6)

Public safety signs, placed by or required by the town or any state or federal authority.

(7)

Informational signs less than two (2) square feet in size. Any property with more than four (4) such signs with additional permitted signs shall be required to submit a signage plan to the code enforcement officer for approval.

(8)

Official business directional signs permitted by the Maine Department of Transportation.

(9)

Signs permitted through the Maine Department of Transportation not related to traffic or roadway rules and information, and located within the road right-of-way, such as official business directional signs or service club signs.

(10)

Street address numbers not exceeding two (2) square feet.

(11)

The flag of any nation or political subdivision.

(12)

Flags, banners, balloons, or other decorations not expressly used to advertise a business, product, or business-related event or activity.

(13)

Religious symbols or insignias.

(14)

Historic plaques, or memorial signs or tablets, provided that such plaques do not exceed four (4) square feet in area.

(15)

Subdivision or residential development signs. A residential development shall have no more than one (1) non-internally lit sign at each driveway entrance, not to exceed twenty-four (24) square feet per sign.

(C.M. of 12-2-2014, V. 2014-257; C.M. 2-21-2023, Vote No. 2023-32)

The eventual elimination of nonconforming signs is an objective of the town. Such elimination of nonconforming signs shall be brought about over a period of time and in such a manner as to avoid the invasion of vested rights of the sign's owner and the infliction of unnecessary hardship.

(1)

Definition. A nonconforming sign is an otherwise legally erected sign that does not comply with the provisions of this ordinance, as adopted on December 2, 2014, including location, structure, size, dimension, setback, type, or any other provision of this ordinance.

(2)

Nonconforming signs may be maintained, given new lettering, colors or logos, or otherwise altered, as long as there is no change to the size or the location of the sign, changes to the dimensions of the sign, or as long as the braces, uprights, poles or any portion of the system used to affix the sign to the ground, wall or structure is not changed.

(3)

No nonconforming sign may be altered in such a manner as to aggravate the nonconforming condition.

(4)

No illumination shall be added to any nonconforming sign except if such illumination complies with the provisions of this section.

(5)

Nonconforming signs may be retained and maintained until one of any of the following criteria are met:

(a)

No later than twelve (12) months following the close of a business or non-residential use that uses a nonconforming sign to advertise its name, location or any other feature of the business, unless a new business or non-residential use occupies the building before the end the 12-month period;

(b)

Upon the change of use of a structure utilizing a nonconforming sign, when such change in use requires a site plan review by the planning board;

(c)

Changes made to the braces, poles or any portion of the system used to affix the sign to the ground or wall or structure;

(d)

Upon the sale of the property, when the use on the property is also nonconforming at the time of the sale, which results in any change in signage;

(e)

The condition of the nonconforming sign deteriorates to the point where it is considered a safety hazard, or if the sign fails to meet the requirements for maintenance under the General Standards, section 70-718(8) Maintenance of Signs.

(C.M. of 12-2-2014, V. 2014-257)

(1)

Signs located adjacent a state numbered roadway shall comply with all applicable state sign regulations under the Maine Department of Transportation and Maine state law (23 MRS Chapter 21) in addition to the requirements of this division. If there is any apparent conflict found between the state and local regulations, the more restrictive shall apply.

(2)

Except for temporary signs, all signs shall be constructed of permanent materials, and shall be permanently attached to the ground, a building, or other structure by direct attachment to a rigid wall, frame or structure. Signs shall not be permanently attached to trees or utility poles.

(3)

All signs not expressly listed as a temporary sign are treated as permanent signs, and shall be regulated according to this section.

(4)

Size, dimensions, number of signs.

(a)

No sign or any part of its structure shall exceed 20 feet in height, as measured from the normal grade and not a landscape mound or berm, at its base.

(b)

Except as otherwise indicated, no more than two (2) Signs requiring a sign permit shall be located on any property. This shall not include temporary or informational signs, or official business directional signs regulated by Title 23 M.R.S.A. Ch. 21.

(c)

Properties fronting on two or more public streets, such as corner lots, are allowed the permitted number of signs or sign square footage for each street, but signage cannot be accumulated and used only on a single street.

(d)

Entry Facade for buildings with a main entrance not fronting on a public street. Such Entry Facades are allowed the permitted number of Signs and maximum sign area for an additional facade, but may not place or locate more than the permitted number of signs or Maximum sign area along any one facade.

(e)

Signs requiring a sign permit which are to be located within a single property are subject to the Maximum sign area of the zoning district in which the property is located. Except as otherwise indicated, Signs not requiring a sign permit are subject only to size and dimensional standards (a) and (b) above. Upon application, the code enforcement officer may permit the following increases to the maximum sign area: For properties abutting Route 196, an increase of up to 50% of the Maximum sign area; for properties abutting the westerly side of Main Street in Lisbon Falls, between Union Street and Route 196, an additional 40 square feet of Maximum sign area for signs located on the rear of a building and visible from Route 196. The Maximum sign area may not be increased as provided herein except upon a written determination by the code enforcement officer or planning board (where planning board review is required) that doing so would not otherwise conflict with or frustrate the purposes of this division.

(f)

The Maximum sign area shall only apply to the physical dimensions of a freestanding sign, such that if the Sign is two-sided the dimensions will not be counted twice.

(g)

Where a property is included within two different zoning districts, the more restrictive standard shall apply.

(h)

The table below indicactes the maximum total sign area and number of signs per building within each zoning district. Signs not requiring a permit under this division shall be subject to the maximum total sign area but not to the maximum number of signs.

_____

(5)

Location and placement.

(a)

No Sign may be erected in such a manner as to obstruct clear and free vision, or another sign, nor, by reason of its position, shape, color, or illumination interfere with, obstruct the view of, or be confused with any authorized Public safety or traffic sign, signal or device or otherwise constitute a hazard to pedestrian or vehicular traffic.

(b)

No sign or any portion of a sign or its structure shall be located within four (4) feet of a street right-of-way or other lot line. An application for a waiver for this setback standard will be permitted within the village zone. This shall apply to all signs, including signs requiring a sign permit and signs not requiring a permit, except for signs that are expressly allowed within the right-of-way.

(c)

Off-premises signs. Signs must be placed on the parcel on which the activity or use referred to on the sign occurs. The following exceptions for permanent, off-premises signs are allowed (as permitted by state or federal regulations, and in accordance with this ordinance), with appropriate permission from the property owner to locate said signage on an off-premises property or right-of-way. Please see also section 70-720(2)(d), for regulations on Off-Premises Temporary Signs.

1)

Agricultural signs must be located within 5 miles of the farm stand or agricultural use or activity being advertised.

2)

Public safety signs.

3)

Sandwich boards or portable signs shall be allowed to be located on the sidewalk immediately in front of the property on Village Street and Main Street only, within the village zone, so long as the signs do not represent a pedestrian hazard or interfere with ADA standards.

4)

Non-political town signs, used for informational or economic development purposes.

(d)

Building mounted signs. Building mounted signs should be considered part of the building design, and should be scaled and designed appropriate to the building on which they are placed. Building mounted signs should not obscure architectural details on the building. All building signs are counted towards the property's allowed maximum signage area (square feet) and the number of permitted signs allowed, and must meet applicable dimensional standards. This shall include lettering and advertising graphics placed directly on the building facade.

1)

The height of a roof sign, as measured from the highest part of the sign, shall not exceed the height of the building roof.

2)

Hanging signs on buildings shall not interfere with vehicle, pedestrian, or cyclist safety, and shall extend no lower than ten (10) feet above ground level. All hanging signs must comply with applicable lot and sign setback standards.

3)

Canopy signs and the canopies on which they are displayed are considered part of the building design, and should be scaled and designed appropriate to the building on which they are placed.

4)

Wall graphics or signs stenciled, printed, painted or affixed directly onto the wall of a building, including any lettering and text, symbols, or graphics that advertise a commercial use, product, service or activity, will be counted towards the allowed maximum signage area, dimensional standards, and number of signs per property. This will not apply to wall graphics that are not intended or construed to be intended for commercial use, such as artistic, political, religious, or community non-profit graphics or messages.

(e)

Fuel station canopy signs. Fuel station canopies are limited to displaying the fuel company or product and shall not count towards the property's allowed sign area or number of signs. Other freestanding canopies that include the business or use name or any kind of related product or service, shall be counted towards the property's allowed sign area and number of signs.

(f)

Fuel station pricing signs. Uses selling fuel may display one (1) on-premises sign, with numerals not to exceed one (1) foot in height, advertising the price of said fuel. A fuel station pricing sign shall not count towards the property's allowed sign area or number of signs.

(g)

Free standing signs. The maximum allowed square footage shall only apply to the physical dimensions of a freestanding sign, such that if the sign is two-sided the dimensions are not counted twice.

(h)

Window signs. Window signs shall not apply to the maximum allowed square footage if the lettering and graphics are for directional, wayfinding, or informational purposes, and not scaled to serve as advertisement and identification visible from the road or by motorists. All window signs and graphics shall not cover more than 30% of the total glass surfaces of any building facade facing any public road. Buildings with more than one side facing a public road are allowed 30% window coverage per side/frontage.

(i)

Signage on vehicles. Cars, trucks or other vehicles shall not be used as signage. Commercial vehicles with advertising information shall not be regularly or permanently parked or placed in a location where a sign would not be permitted, or used in a way that has the effect of circumventing these standards or Lisbon's Ordinances.

(j)

Portable signs. One (1) portable sign, such as a sandwich board sign, is allowed per property, provided the sign is only placed outside during the business or operation hours for that use (not overnight), and not placed in a manner that would otherwise be construed to be intended for permanent (non-portable) use. A portable sign is not considered a temporary sign, but is for prolonged and/or regular use. Chalkboard or white board signs are allowed, and changeable message or readerboard signs are allowed for portable signs. The maximum allowable size is six (6) square feet on each face. Portable signs shall not be internally or externally illuminated.

(k)

Signs in town parks and gardens. Town-owned parks, gardens and trail properties as identified in section 30-1 of Town Ordinances, and including the areas surrounding Lisbon Gateway signs, are specially designated for the enjoyment and convenience of the users and are maintained for their beauty and cultural significance. No permanent signs shall be placed on these properties except for purposes of park/property identification, wayfinding, safety, or other informational purpose pertaining to the use and activities appropriate for that property, as approved by the Town of Lisbon for town purposes. See also section 70-720(2)(e), addressing Temporary Signs in Town Parks and Gardens.

(6)

Graphics, color, lettering.

(a)

Signs shall be simple, legible, and attractive, using simple geometric shapes. Complex graphics or colors, and signs with excessive wording, are discouraged due to their negative visual impact and reduced legibility.

(b)

Flashing, moving or animated signs are prohibited.

(c)

Lettering and graphics on signage should be sized appropriate to the posted speed limit (for motorist visibility), unless expressly for pedestrian use.

(d)

Hand lettered signs are not allowed unless lettering is stenciled and laid out in a well-designed, professional manner.

(e)

Banners or other temporary sign material or type are not allowed for permanent signs. Signs must be constructed using a solid frame structure with durable materials, including but not limited to wood, metal, stone, or plastic, in accordance with (3)(a), above.

(7)

Lighting of signs.

(a)

Signs shall only be illuminated by stationary, shielded, non-flashing light sources, directed solely at the sign and not casting light off the premises. Any sign lighting that creates a safety hazard or glare to pedestrians or motorists must be replaced to address the safety hazard, or removed entirely.

(b)

External sign illumination. Lighting should be fully shielded and should not produce a glare that is distracting to motorists, pedestrians, or cyclists. Fixtures should be carefully aimed so that light is directed only onto the sign. Top-mounted shielded lighting or indirect lighting is preferred over ground-mounted lighting as it has reduced impacts on light pollution and glare.

(c)

Internally illuminated signs. Internally illuminated signs shall not create glare that would distract motorists, nor should the degree of illumination disturb any surrounding residential areas or contribute to light pollution.

1)

Neon signs. Neon tube lettering or graphics shall be used only for window signs, and shall not exceed 25% of the window area in which they are located.

(d)

Changeable electronic or digital signs. See section 70-719, Standards by Sign Type.

(8)

Maintenance of signs.

(a)

Every sign shall be maintained in a safe, presentable and good structural condition, with timely replacement of defective parts and periodic cleaning and painting when necessary. The construction, alteration, maintenance and repair of all signs shall conform to all applicable building and electrical codes adopted by the town.

(b)

Signs relating to any business or use that has been closed or discontinued for more than twelve (12) months shall be removed or covered.

(c)

The Code Enforcement Officer shall cause to be removed any sign that endangers public safety, including signs which are materially, electrically or structurally defective, or signs for which no permit has been issued.

(C.M. of 12-2-2014, V. 2014-257; C.M. 2-21-2023, Vote No. 2023-32)

(1)

Signage for multi-tenant buildings or multi-building properties.

(a)

Multi-tenant buildings or multi-building sites shall have up to one (1) identification sign conveying an overall identity for the property. This sign should be located near the main entrance drive. Properties fronting on two or more public streets, such as corner lots, are allowed an identification sign for each street if the identification signs are located at least 500 feet apart.

(b)

If the building's or development's main identification sign also lists multiple tenants, only essential information (i.e. tenant name) shall be displayed on the main identification sign. Phone numbers, hours of operation, advertising slogans, and similar information should not be listed on the main identification sign.

(c)

The individual businesses within a multi-tenant property shall be allowed only one (1) exterior individual identification sign (business name sign) per business or use. For single buildings less than 5,000 square feet in floor area, the maximum signage area and dimensions are cumulative for all individual identification signs. For multi-tenant properties over 5,000 square feet in floor area and/or with multiple buildings, an application for a waiver is permitted through the code enforcement officer, who may allow the maximum signage area for each individual tenant or use.

(d)

The maximum signage area shall not include wayfinding and directional signage or similar supplementary signage for a multi-tenant property.

(e)

A master signage plan for a multi-tenant property shall be required for properties seeking site plan review approval and permitting. The plan should describe the size, location, lighting, color, and material for all proposed signs, including directional and informational signs.

(2)

Readerboards. Readerboards attached to permanent signage, including both digital or manual lettering readerboards, should be integrated into the overall sign design through scale, color and detailing, and shall not occupy more than 50% of the total area of the sign or contain more than three lines of text. See also electronic or digital signs (including digital readerboards) below.

(3)

Electronic or digital signs.

(a)

Animated signs are not permitted.

(b)

Changeable message signs and digital readerboards. Changeable message signs are permitted provided that each message remains fixed on the display surface, but "which may be changed at reasonable intervals by electronic process or remote control," and do not "include any flashing, intermittent or moving lights" in accordance with 23 MRSA § 1914.11-A. For the purpose of this section, signs whose text/numeric messages change by mechanical or electronic means are not prohibited as long as the intermitted lighting is used to change messages and not solely to attract attention and comply with the following.

1)

Static display with a ten (10) second hold rate of change minimum between changes. Changes in the message or transitions are limited to an instant change and shall not include any phasing, rolling, scrolling, flashing, or blending of messages or light intensity. Time and Temperature Signs are allowed to change a display with a three (3) second message hold rate.

2)

In no event shall a display on a changeable message sign flash, phase, scroll, or display continuous streaming of information or video animation.

3)

In no event shall the display or the brightness of a changeable message sign obscure or interfere with traffic control devices or traffic safety.

(4)

Home occupations signs. No more than one (1) exterior sign not to exceed eight (8) square feet shall be allowed, with no other exterior display or exhibits, no exterior storage of materials or any other exterior indications of the home occupation or variation from the residential character of the principal building or accessory structure.

(5)

Informational signs and directional signs. Informational signs and directional signs must be located on the property to which they pertain, and shall not include any form of advertising, including a business or entity name or logo. Such signs must not create signage clutter on the property.

(6)

Building mounted signs on large-scale historic buildings. The following properties identified as large-scale historic buildings may follow alternate dimensional standards in place of those in Section 70-718: Worumbo Mill Complex (U05-013-001 and U05-012); Farwell Mill Complex (U16-056-001 and U16-056-002); 1 Upland Road (U17-024); Old Lisbon High School (U04-026); Ancient York Lodge (U05-017). Large-scale historic buildings are allowed one (1) building mounted sign per facade, each with a maximum length of 75% of the facade width, and a maximum height of 3 feet. Such signs cannot be illuminated and shall not extend above the roofline or parapet wall. Signs on large-scale historic buildings shall be integrated into the architectural design and historic character of the building and shall not obscure any architectural details on the building.

(C.M. of 12-2-2014, V. 2014-257; C.M. 2-21-2023, Vote No. 2023-32)

Editor's note— C.M. 2-21-2023, Vote No. 2023-32, amended the title of § 70-719 to read as herein set out. The former § 70-719 title pertained to standards by sign type.

(1)

Size, dimensions, number of signs.

(a)

No sign or any part of its structure shall exceed 20 feet in height, as measured from the normal grade and not a landscape mound or berm. Banners such as are hung over the street (as allowed within this ordinance) shall be exempt from the height limitation.

(b)

The total number of temporary signs or features for an individual property shall not exceed four (4) signs per business or use at any one time. Temporary political signs shall be exempt from this restriction.

(c)

Any temporary signs, banners, or other features are allowed in addition to any permitted signage under this ordinance, and do not count towards the number of permitted, permanent signs allowed, or the maximum square footage of signage allowed, for an individual property.

(d)

Temporary signs larger than twelve (12) square feet shall require a permit, are subject to a permit fee, and are subject to additional standards under section 70-718 General Standards, if applicable. Temporary signs for community, charitable or non-profit events and activities shall be exempt from the permit fee.

(e)

No temporary sign shall exceed the maximum sign size for the zone it is in, as indicated in section 70-718(4)(e).

(2)

Location and placement.

(a)

Temporary signs specified in this section shall not be attached to fences, trees, utility poles (except where expressly allowed), or the like, shall not be placed in a position that will obstruct or impair vision or traffic, either pedestrian or vehicular, shall not infringe on handicap accessibility, nor in any manner create a hazard or disturbance to the health and welfare of the general public.

(b)

No temporary sign or any portion of a temporary sign or its structure shall be located within four (4) feet of a street right-of-way or other lot line, except for off-premises signs, as allowed under 70-718(5)(c). An application for a waiver for this setback standard will be permitted within the village zone.

(c)

Illumination, both internal and external, is prohibited.

(d)

Off-premises signs. The following exceptions for temporary off-premises signs are allowed (as permitted by state or federal regulations, and in accordance with this ordinance), with appropriate permission from the property owner to locate said signage on an off-premises property or right-of-way. Please see also section 70-718(5)(c), for regulations on off-premises permanent signs.

a.

Political signs.

b.

Agricultural signs must be located within 5 miles of the farm stand or agricultural use or activity being advertised.

c.

Temporary directional or wayfinding signs.

d.

Public safety signs.

e.

Non-political town signs, used for informational or economic development purposes.

f.

Community, charitable and non-profit activities or functions (see 4(a), below).

(3)

Duration of sign use or posting; sign removal.

(a)

A Temporary sign may not be used in any location for more than ninety (90) consecutive days in any 12-month period, except as otherwise provided in this section.

(b)

A temporary sign for advertising a builder(s), engineer(s), designer(s), or other individual(s) who is (are) responsible for services being rendered on a private property is limited to use for the duration of the project construction period or period of services rendered, and shall be removed within thirty (30) days after the completion of the project or services.

(c)

A Temporary sign addressing an event occurring on a specific date or dates shall be removed within fifteen (15) days of the relevant date or dates.

(d)

Temporary signs directly related to a use or activity that has been inactive or discontinued for more than seven (7) days shall be removed, except as specified below under (4) Standards by Temporary Sign Type.

(e)

A temporary sign used to indicate the change in location for a business or use is allowed to remain in place for up to six (6) months after the date of change in location.

(f)

Temporary signs in the public right-of-way that do not require a permit, per Sec. 70-716 (3), may remain in place for a maximum duration in accordance with 23 M.R.S.A. § 1913-A.

(4)

Standards by temporary sign type.

(a)

Community, charitable and non-profit event signs. Up to four (4) signs of a temporary nature such as an advertisement of a charitable function, notice of meeting or other non-commercial sign of a similar nature are permitted on the lot where the event occurs for a period not to exceed thirty (30) days and shall be removed by the organization that posted the sign. See (2)(d) above for off-premises signs, including signs within the road right-of-way.

a.

Banners for community events which are to be placed over the roadway as permitted by the town shall complete a banner permit application.

(b)

Signs in town parks and gardens. Town-owned parks, gardens and trail properties as identified in section 30-1 of Town Ordinances, and including the areas surrounding Lisbon Gateway signs, are specially designated for the enjoyment and convenience of the users and are maintained for their beauty and cultural significance. No temporary sign advertising any business, commercial activity, or any political purpose or candidate, shall be placed on park, garden or trail property as identified in section 30-1 of Town Ordinances. No temporary signs shall be placed in right of ways adjacent to the parks and gardens and gateways located on State Route 196, except political signs as allowed under 23 MRSA Ch. 21, § 1913A.

a.

Public, community, or charitable event signs in town parks and gardens properties NOT along Route 196 shall be allowed. Such signs shall be limited to one (1) sign per property at any one time, with a maximum duration of use or posting of two (2) weeks.

b.

Public, community or charitable event signs in town parks and gardens and gateway areas along Route 196 are allowed subject to the approval of the town manager under certain conditions as defined herein. The applicable properties are identified as the town gateways (Welcome to Lisbon signs), Gazebo Park, Thomas Field Memorial Park, Smith McCarthy Park, and Oak Street Park.

1)

The primary intent of this section of the ordinance shall be to preserve the visual character and beauty of the town's garden areas along Route 196, discourage the unnecessary proliferation of temporary signs in these areas, and provide standards and conditions by which community event signs shall conform. However, it is recognized that from time to time certain public, civic and religious events and celebrations, or community and charitable fundraising events, require the use of temporary signage in order to provide adequate information and direction to citizens and visiting public.

2)

For the purposes of approving temporary community event signage in the town parks, gardens and gateways, the town manager shall follow the procedures and guidelines required by the planning board, as approved by the town council. An application form shall be provided for the purposes of defining the criteria for approval and outlining appropriate standards such as the number, size, design and placement of temporary signage in public gardens and parks along Route 196.

3)

The approved criteria and "Town Parks Temporary Sign Application form" itself shall be reviewed annually by the planning board and subsequently approved by the town council.

c.

Unauthorized temporary signs placed in town parks and garden properties may be removed by any Town of Lisbon employee at the discretion of the code enforcement officer or town manager. Authorization given to town employees does not have to be on a case-by-case basis, but may be given to employees charged with the maintenance of the town parks and gardens properties.

(c)

Real estate signs. One (1) temporary freestanding or wall real estate sign may be erected advertising the sale, lease, or rental of the premises upon which the sign is located, for the duration of the property's availability.

1)

Real estate signs for residential properties or subdivisions shall not exceed twelve (12) square feet.

2)

Real estate signs for commercial properties or subdivisions shall not exceed twenty-four (24) square feet. For properties abutting Route 196, the total allowed square footage for signs is allowed an increase of up to 50%.

3)

Real estate signs shall be removed within 1 week of the property sale or transaction.

(d)

Development or construction site. Up to two (2) temporary development or construction signs, with up to twenty-four (24) square feet of display area, shall be allowed on the project site provided such signs shall be limited to the general identification of or funding for the project and shall be removed within thirty (30) days after completion of the construction and building phase.

For project contractor signs on a development or construction site, up to three (3) temporary signs, no larger than sixteen (16) square feet each, shall be allowed for advertising a builder(s), engineer(s), designer(s), or similar individual(s) who is (are) responsible for the development under construction. Contractor signs shall be removed within thirty (30) days after completion of the construction and building phase.

(e)

Political signs. Signs bearing political messages relating to an election, primary or referendum shall be allowed in any district. Political signs shall be allowed to be placed within a public right-of-way in such locations as will not create a safety hazard, not prior to six (6) weeks before the election, primary or referendum to which they relate and must be removed by the candidate or political committee not later than one (1) week after election day.

(f)

New business or business relocation signs. A maximum of two (2) temporary signs are allowed to announce a new business or a relocated business provided each sign is no larger than eight (8) square feet of display area and is removed within sixty (60) days of installation. Home occupations are not eligible for temporary signs under this section. Sign types permitted are:

a.

One (1) wall sign which shall consist of any material and temporarily cover a permanent wall sign or temporarily attached to a wall, and

b.

Either a free-standing sign, placed on existing sign posts or on new posts that are removed at the end of the time period, or an A-frame which must be removed during non-business hours.

c.

Location shall be on the same property as the business and shall not interfere with sight distance from any egress.

(g)

Farm stand signs. Farm stand signs shall follow the provisions of 23 MRSA § 1913-A.

(C.M. of 12-2-2014, V. 2014-257; C.M. 2-21-2023, Vote No. 2023-32)

Editor's note— C.M. of 9-3-2013, V. 2013-138, repealed § 70-731, which pertained to timber harvesting and derived from Code 1983, § 15-611(1); T.M. of 5-16-1992, art. 86, § 15-611; T.M. of 7-21-2009, § 2009-109. All timber harvesting activity within a shoreland zone is administered by the Maine Forest Service (MFS) effective Jan. 1, 2013.

For clearing of vegetation for development within 250 feet, horizontal distance, of the normal high water line of a river; within 250 feet of the upland edge of a freshwater wetland; or within 75 feet of the normal high water line of a stream, the following provisions shall apply:

(1)

Within a shoreland area zoned for resource protection, cutting or removal of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.

(2)

Except in areas as described in subsection (1) of this section, and except to allow for the development of permitted uses, within a strip of land extending 75 feet, horizontal distance, from any other water body, tributary stream or the upland edge of a freshwater wetland, a buffer strip of vegetation shall be preserved as follows:

a.

There shall be no cleared opening greater than 250 square feet in the forest canopy (or other existing woody vegetation if a forest canopy is not present) as measured from the outer limits of the tree or shrub crown. However, a footpath not to exceed six feet in width as measured between tree trunks and/or shrub stems is permitted provided a cleared line of sight to the water through the buffer strip is not created.

b.

Selective cutting of trees within the buffer strip is permitted provided that a well-distributed stand of trees and other natural vegetation is maintained. For the purposes of this section, a well-distributed stand of trees shall be defined as maintaining a minimum rating score of 16 per 25-foot by 50-foot (1,250 square feet) rectangular area as determined by the following rating system:

The following shall govern in applying this point system:

1.

The 25-foot by 50-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer;

2.

Each successive plot must be adjacent to, but not overlap a previous plot;

3.

Any plot not containing the required points must have no vegetation removed except as otherwise allowed by this section;

4.

Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by the ordinance from which this section was derived;

5.

Where conditions permit, no more than 50% of the points on any 25-foot by 50-foot rectangular area may consist of trees greater than 12 inches in diameter.

For the purposes of this section, "other natural vegetation" is defined as re-taining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two inches in diameter at four and one-half feet above ground level for each 25-foot by 50-foot rectangle area. If five saplings do not exist, no woody stems less than two inches in diameter can be removed until five saplings have been recruited into the plot.

c.

Pruning of tree branches, on the bottom one-third of the tree is permitted.

d.

In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, diseased, unsafe or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species unless existing new tree growth is present.

e.

In order to protect water quality and wildlife habitat, existing vegetation under three feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath or other permitted uses as described in subsections (2) and (2)(a) of this section.

(3)

a.

At distances greater than 75 feet, horizontal distance, from the normal high water line of any water body, tributary stream or the upland edge of a freshwater wetland, there shall be permitted on any lot, in any ten-year period, selective cutting of not more than 40 percent of the volume of trees four inches or more in diameter, measured four and one-half feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the 40 percent calculation. For the purposes of these standards, volume may be considered to be equivalent to basal area.

b.

In no event shall cleared openings for any purpose, including but not limited to principal and accessory structures, driveways, lawns and sewage disposal areas, exceed in the aggregate 25 percent of the lot area within the shoreland zone or 10,000 square feet, whichever is greater, including land previously cleared. This provision shall not apply to the commercial and industrial districts.

(4)

Cleared openings legally in existence on the effective date of this division (adopted at town meeting of May 16, 1992), may be maintained but shall not be enlarged except as permitted by this division.

(5)

Fields and other cleared openings which have reverted to primarily shrubs, trees or other woody vegetation shall be regulated under the provisions of this division.

(Code 1983, § 15-611(2); T.M. of 5-16-1992, art. 86, § 15-611; T.M. of 7-21-2009, § 2009-109; T.M. of 11-17-2009, § 2009-174)

Planned unit development or cluster development uses specified as permitted or conditional in the zone apply.

(Code 1983, § 15-612(1))

Lot size requirements in planned unit development or cluster development may be adjusted to density requirements for each use, provided:

(1)

Open space. Up to 50 percent of the land area in a planned unit development or cluster development may be open space use, the remaining portion to be used for construction of buildings, roads and facilities.

(2)

Dedication. The remaining land to meet the requirements is deeded or dedicated to the buyers, or owners of lots or buildings, an association or corporation such that use is permitted by the owners in common, or the town for public purposes, as may be recommended by the planning board and accepted by the governing body.

(Code 1983, § 15-612(2))

(a)

Frontage and side and rear yard requirements for a planned unit development or cluster development may be reduced up to 50 percent for individual parcels provided that frontage of open or dedicated land is at least 50 percent of the frontage reduction (total frontage at least 75 percent of equivalent units not in a planned unit development), provided that side and rear setbacks around the total development meet the following scale:

(1)

One unit, 100 percent of required.

(2)

Two units, 150 percent of required for one unit.

(3)

Three units, 200 percent of required for one unit.

(4)

Four units, 240 percent of required for one unit.

(5)

Each additional unit, 20 percent additional.

(b)

Side yards may be reduced to zero for row housing or commercial common wall construction in which case side and rear setbacks shall be for:

(1)

Two units, 200 percent;

(2)

Three units, 250 percent;

(3)

Four units, 300 percent;

(4)

Five or more units, add 20 percent for each unit.

(Code 1983, § 15-612(3))

Maximum yard coverage in a planned unit development or cluster development may be adjusted proportional to the amount of land to be built on and to be available in common, but shall not exceed the percentage coverage for the total land for the zone.

(Code 1983, § 15-612(4))

Total parking requirements in a planned unit development or cluster development shall be met; however, up to 25 percent of the parking may be on common land.

(Code 1983, § 15-612(5))

Visibility and height requirements in a planned unit development or cluster development shall be met.

(Code 1983, § 15-612(6))

Editor's note— C.M. of 8-16-2011, V. 2011-153, repealed Division 8, § 70-781, which pertained to fuel storage and derived from T.M. of 5-16-1987, art. 80, § 15-615.

Sand and gravel pits in existence prior to July 1, 2010 either in the aquifer protection overlay district, zones 2 and 3 or expanding into aquifer overlay district zones 2 or 3 shall be subject to the following performance standards. NOTE: Expansions into zone 1 are not permitted.

(1)

The person holding title to an existing sand and gravel pit shall provide the code enforcement officer a spill, prevention and control plan (SPCC) and documentation signed by a licensed geologist, engineer or soil scientist establishing the seasonal high water table in that portion of the pit within the aquifer protection overlay district, zones 2 or 3.

(2)

Extraction of sand, gravel or other material from the pit shall not be allowed below five feet above the seasonal high water table except that the limit may be waived to within 24″ of the seasonal high water table upon approval of both the board of water commissioners and the planning board and provided that the pit owner complies with all applicable DEP rules and permitting processes to do so. No ditching, trenching, plumbing or other methods shall be used to artificially lower the seasonal high water table to permit the extraction of more material than could occur under normal conditions.

(3)

If sand, gravel or other material has been or will be extracted below the five feet of separation, then the owner shall submit to the planning board for review and approval all documentation submitted to and received from the DEP regarding such reduction in separation including any orders or other reports, plans or correspondence. The town maintains the right to enforce all Maine Department of Environmental Protection (DEP) Rules and Performance Standards relating to gravel pits and other mining operations as well as provisions in any variance application(s) to the DEP and all provisions and conditions of the board order as if imposed by the town. The town also reserves the right to inspect such operations without cause provided the owner is given 24-hour notice.

(4)

If sand, gravel or other material in an existing pit in the aquifer protection overlay district has been extracted below the limit set in this subsection, a plan showing how groundwater will be protected during continuing operations and closing of the pit shall be submitted for review and approval by the planning board based on the standards and criteria contained in the ordinance from which this section was derived and applicable Maine Statutes and Maine DEP Rules.

(5)

If sand, gravel, or other material in an existing pit has been extracted, or is proposed to be extracted below the 5 feet of separation the owner shall provide a report indicating how those areas in the aquifer protection overlay district that are mined below the five feet of separation will be closed.

(a)

The plan shall provide for a phased closure of these areas as well as banks that are adjacent to these areas.

(b)

The plan can be in the form of map plans or a narrative accompanied by an aerial photograph on which the phased areas are denoted.

(c)

The plan shall specify how groundwater is to be protected from future overlying uses as well as how slopes will be graded and protected from erosion.

(d)

Closure must be completed within one year after extraction operations have ended or when more than one acre of land has been mined below the five-foot separation and will no longer be used.

(6)

When pits are closed, all pits located in the aquifer protection overlay district shall be closed in such a manner as to prevent erosion, mitigate ground or surface waters and prevent safety hazards. Closures shall be accomplished in accordance with applicable Maine Statutes and Maine DEP Rules. A formal reclamation plan in accordance with DEP standards and using any applicable best management practices shall be created. The town shall maintain the right to enforce performance standards contained in the rules or as conditions of any permits or variances granted by the Maine DEP for the pit operation.

(7)

Refueling and maintenance of equipment shall be conducted in accordance with the following standards:

(a)

Refueling and maintenance of equipment permanently in place in the pit or that are used solely in the pit, such as crushers, large tracked excavators, cranes and the like shall be accomplished in a manner which will prevent the spillage of fuel, oils or fluid from contact with the ground.

(b)

Refueling of other equipment such as loaders, dump trucks and other vehicles shall take place in a refueling area which shall consist of a layer of impervious material sloped so that spillage shall be contained by a six-inch dike which shall surround the area on at least three sides. Maintenance of such equipment shall take place in the refueling area or in a maintenance building, provided the floor of the building is constructed of impervious material or is made impervious by the use of methods approved by the department of environmental protection.

(8)

The pit shall not be used to dump, store or process any substance other than sand, gravel or crushed stone.

(9)

If petroleum storage is used or proposed an above ground fully contained storage and refueling area must be provided. Additional standards set forth in section 70-570 shall also apply.

(T.M. of 5-14-1988, art. 94, § 15-616; C.M. of 8-16-2011, V. 2011-153)

The Mandatory Shoreland Zoning Act, 38 M.R.S.A. sections 435-449, requires all municipalities to adopt, administer, and enforce ordinances that regulate land use activities within 250 feet of great ponds, rivers, and freshwater wetlands, and within 75 feet of streams. The Act also requires the Board of Environmental Protection to establish minimum guidelines for such ordinances. The Act requires that municipalities adopt shoreland zoning ordinances consistent with, or no less stringent than, the state minimum guidelines, and that in addition to the ordinances, the municipality establish an official shoreland zoning map. The standards of the shoreland zoning ordinance regulate the land use, buildings, structures, and site work within the designated shoreland area, in conformance with state requirements.

(C.M. of 7-2-2013, V. 2013-98)

Shoreland zoning regulations are incorporated into the land use Zoning Ordinance Chapter 70 Articles I through VI. The official shoreland zoning map, which illustrates the location and extent of shoreland overlay zones and shoreland districts, is required in order to comply with the Mandatory Shoreland Zoning Act, and is needed for the town's permitting process.

(C.M. of 7-2-2013, V. 2013-98)

Reference list for shoreland zoning regulations within the Land Use Ordinance Chapter 70 Articles I through VI.

Sec. 70-1. Definitions.

Sec. 70-4. Basic requirements.

Sec. 70-9. Effective date.

Sec. 70-151. Variances authorized.

Sec. 70-152. Variance standards.

Sec. 70-153. Limitations; conditions.

Sec. 70-154. Variances within shoreline district.

Sec. 70-155. Variance limitations.

Sec. 70-156. Setback variance for single family dwellings.

Sec. 70-157. Disability variance.

Sec. 70-159. Limits on variances.

Sec. 70-160. Reapplication.

Sec. 70-161. Misrepresentation.

Sec. 70-162. Prior work.

Sec. 70-261. Purpose.

Sec. 70-262. Areas.

Sec. 70-263. Permitted uses.

Sec. 70-264. Conditional uses.

Sec. 70-265. Prohibited uses.

Sec. 70-266. Dimensional requirements.

Sec. 70-267. Performance or land use standards.

Sec. 70-601. Accessory buildings.

Sec. 70-602. Agriculture.

Sec. 70-603. Campgrounds.

Sec. 70-604. Filling, grading, lagooning, dredging or other earth-moving activities.

Sec. 70-607. Sanitation.

Sec. 70-608. Drainage.

Sec. 70-610. Water quality.

Sec. 70-611. Archaeological sites.

Sec. 70-612. Roads and driveways.

Sec. 70-613. Essential services generally.

Sec. 70-691. Piers, docks and other shoreline construction.

Sec. 70-731. Reserved.

Sec. 70-732. Clearing or removal of vegetation for activities other than timber harvesting.

(C.M. of 7-2-2013, V. 2013-98)

The shoreland zoning map is developed based on the states requirements and definitions on the regulation of (a) all land areas within 250 feet horizontal distance of the normal high-water line of any great pond, river or contiguous wetlands larger than 2 acres, or (b) all land areas within 75 feet horizontal distance of the normal high-water line of a stream.

(C.M. of 7-2-2013, V. 2013-98)

The shoreland overlay zone is divided into the following districts which are shown on the Official Shoreland Zoning Map(s), and which are made part of the town's shoreland zoning ordinance:

(A)

Resource Protection.

(B)

Limited Residential.

(C)

Limited Commercial.

(D)

General Development I.

(E)

Stream Protection.

District boundary lines are property lines, the centerline of streets, roads and rights of way, and the boundaries of the shoreland area as defined herein. Where uncertainty exists as to the exact location of district boundary lines, the Board of Appeals shall be the final authority as to location.

(C.M. of 7-2-2013, V. 2013-98)

The following describes each of the districts found on the Official Shoreland Zoning Map:

A.

Resource Protection District. The purpose of the Resource Protection District is to protect areas within the shoreland overlay zone in which development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values. This district shall include the following areas when they occur within the limits of the shoreland overlay zone, exclusive of the Stream Protection District, except that the areas which are currently developed and areas which meet the criteria for the Limited Commercial or General Development I Districts need not be included within the Resource Protection District.

(1)

Floodplains along rivers, defined by the 100 year floodplain as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps.

(2)

Areas of two or more contiguous acres with sustained slopes of 20% or greater.

(3)

Areas of two or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater wetland as defined, and which are not surficially connected to a water body during the period of normal high-water.

(4)

Land areas along rivers subject to severe bank erosion, undercutting, or river bed movement, and lands adjacent to tidal waters which are subject to severe erosion or mass movement.

• Setback from a great pond or river for new buildings and structures*: 250 feet**

* Except for allowed water-dependent uses or structures such as docks or boat ramps.

** Structures, roads, parking or other regulated objects specifically allowed in the district may be subject to 100-foot setback.

• Setback from a stream or wetland for new buildings and structures: 75 feet

• Max. lot coverage within the shoreland zone (footprint of structures, parking, and non-vegetative surfaces): 20%

• No principal land or use structures allowed for: Multi-unit residential, commercial, industrial, government or institutional.

B.

Limited Residential District. The Limited Residential District includes those areas suitable for residential and recreational development. It includes areas other than those in Resource Protection District, or Stream Protection District, and areas which are used less intensively than those in the Limited Commercial District and the General Development I District.

• Setback from a great pond or river for new buildings and structures*: 100 feet

* Except for allowed water-dependent uses or structures such as docks or boat ramps.

• Max. lot coverage within the shoreland zone (footprint of structures, parking, and non-vegetative surfaces): 20%

• No principal land or use structures allowed for: Commercial, Industrial

C.

Limited Commercial District. The Limited Commercial District includes areas of mixed, light commercial or residential uses, exclusive of the Stream Protection District, which should not be developed as intensively as the General Development I District. This district includes areas of two or more contiguous acres in size devoted to a mix of residential and low intensity business and commercial uses. Industrial uses are prohibited.

• Setback from a great pond or river for new buildings and structures*: 100 feet

* Except for allowed water-dependent uses or structures such as docks or boat ramps.

• Maximum impervious surface ratio within the shoreland zone: 20%

• No principal land or use structures allowed for: Industrial

D.

General Development District I. The General Development District I includes the following types of existing, intensively developed areas:

(1)

Areas of two or more contiguous acres devoted to commercial, industrial or intensive recreational activities, or a mix of such activities, including but not limited to the following:

(a)

Areas devoted to manufacturing, fabricating or other industrial activities;

(b)

Areas devoted to wholesaling, warehousing, retail trade and service activities, or other commercial activities; and

(c)

Areas devoted to intensive recreational development and activities, such as, but not limited to amusement parks, race tracks and fairgrounds.

(2)

Areas otherwise discernible as having patterns of intensive commercial, industrial or recreational uses.

• Setback from a great pond or river for new buildings and structures*: 25 feet

* Except for allowed water-dependent uses or structures such as docks or boat ramps.

• Maximum impervious surface ratio within the shoreland zone: 70%

The total impervious surface ratio within the shoreland zone shall not exceed twenty (20) percent of the lot or a portion thereof, located within the shoreland zone, including land area previously developed, except in the General Development District adjacent to tidal waters and rivers that do not flow to great ponds classified GPA, and in the Commercial Fisheries/Maritime Activities District, where impervious surface ratio shall not exceed seventy (70) percent.

E.

Stream Protection District. The Stream Protection District includes all land areas within seventy-five (75) feet, horizontal distance, of the normal high-water line of a stream, exclusive of those areas within two hundred and fifty (250) feet, horizontal distance, of the normal high-water line of a great pond, or river, or within two hundred and fifty (250) feet, horizontal distance, of the upland edge of a freshwater or coastal wetland. Where a stream and its associated shoreland area are located within two hundred and fifty (250) feet, horizontal distance, of the above water bodies or wetlands, that land area shall be regulated under the terms of the shoreland district associated with that water body or wetland.

• Setback from a great pond or river for new buildings and structures*: 75 feet

* Except for allowed water-dependent uses or structures such as docks or boat ramps.

• Max. lot coverage within the shoreland zone (footprint of structures, parking, and non-vegetative surfaces): 20%

• No principal land or use structures allowed for: Multi-unit residential, commercial, industrial, government or institutional.

(C.M. of 7-2-2013, V. 2013-98; C.M. of 2-3-2015, V. 2015-39)

Except as specified, no building, structure or land shall be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, expanded, moved, or altered and no new lot shall be created except in conformity with all of the regulations herein specified for the district in which it is located, unless a variance is granted.

LAND USES IN THE SHORELAND ZONE

¹ In RP not allowed within 75 feet horizontal distance, of the normal high-water line of great ponds, except to remove safety hazards.

² Requires permit from the Code Enforcement Officer if more than 100 square feet of surface area, in total, is disturbed.

³ In RP not allowed in areas so designated because of wildlife value.

⁴ Provided that a variance from the setback requirement is obtained from the Board of Appeals.

⁵ Functionally water-dependent uses and uses accessory to such water dependent uses only (See note on previous page).

⁶ See further restrictions in Section 15(L)(2).

⁷ Except when area is zoned for resource protection due to floodplain criteria in which case a permit is required from the PB.

⁸ Except as provided in Section 15(H)(4).

⁹ Single family residential structures may be allowed by special exception only according to the provisions of Section 16(E), Special Exceptions. Two-family residential structures are prohibited.

¹⁰ Except for commercial uses otherwise listed in this Table, such as marinas and campgrounds, that are allowed in the respective district.

¹¹ Excluding bridges and other crossings not involving earthwork, in which case no permit is required.

¹² Permit not required but must file a written "notice of intent to construct" with CEO.

(C.M. of 7-2-2013, V. 2013-98; C.M. of 12-2-2014, V. 2014-257)

All land use activities within the shoreland zone shall conform with the following provisions, if applicable.

A.

Minimum Lot Standards

(1)

(a)

Residential per dwelling unit

(b)

Governmental, Institutional, Commercial or Industrial per principal structure

(c)

Public and Private Recreational Facilities

(2)

Land below the normal high-water line of a water body or upland edge of a wetland and land beneath roads serving more than two (2) lots shall not be included toward calculating minimum lot area.

(3)

Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971.

(4)

The minimum width of any portion of any lot within one hundred (100) feet, horizontal distance, of the normal high-water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.

(5)

If more than one residential dwelling unit, principal governmental, institutional, commercial or industrial structure or use, or combination thereof, is constructed or established on a single parcel, all dimensional requirements shall be met for each additional dwelling unit, principal structure, or use.

B.

Principal and Accessory Structures.

(1)

All new principal and accessory structures shall be set back at least one hundred (100) feet, horizontal distance, from the normal high-water line of great ponds classified GPA and rivers that flow to great ponds classified GPA, and seventy-five (75) feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland, except that in the General Development I District the setback from the normal high-water line shall be at least twenty-five (25) feet, horizontal distance, and in the Commercial Fisheries/Maritime Activities District there shall be no minimum setback. In the Resource Protection District the setback requirement shall be 250 feet, horizontal distance, except for structures, roads, parking spaces or other regulated objects specifically allowed in that district in which case the setback requirements specified above shall apply.

In addition:

(a)

The water body, tributary stream, or wetland setback provision shall neither apply to structures which require direct access to the water body or wetland as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water-dependent uses.

(b)

All principal structures along Significant River Segments as listed in 38 M.R.S.A. section 437 (see Appendix B), shall be set back a minimum of one hundred and twenty-five (125) feet, horizontal distance, from the normal high-water line and shall be screened from the river by existing vegetation. This provision does not apply to structures related to hydropower facilities.

(c)

For principal structures, water and wetland setback measurements shall 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 the permitting official(s) 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 may at his or her expense, employ a Maine Registered Professional Engineer, a Maine Certified Soil Scientist, a Maine State Geologist, or other qualified individual to make a determination. If agreement is still not reached, the applicant may appeal the matter to the board of appeals.

(d)

On a non-conforming 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 structure shall not exceed eighty (80) square feet in area nor eight (8) feet in height, and shall be located as far from the shoreline or tributary stream as practical and shall meet all other applicable standards, including lot coverage and vegetation clearing limitations. In no case shall the structure be located closer to the shoreline or tributary stream than the principal structure.

(2)

Principal or accessory structures and expansions of existing structures which are permitted in the Resource Protection, Limited Residential, Limited Commercial, and Stream Protection Districts, shall not exceed thirty-five (35) feet in height. This provision shall not apply to structures such as transmission towers, windmills, antennas, and similar structures having no floor area.

(3)

The lowest floor elevation or openings of all buildings and structures, including basements, shall be elevated at least one foot 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 flood-plain soils. In those municipalities that participate in the National Flood Insurance Program and have adopted the April 2005 version, or later version, of the Floodplain Management Ordinance, accessory structures may be placed in accordance with the standards of that ordinance and need not meet the elevation requirements of this paragraph.

(4)

The total footprint area of all structures, parking lots and other non-vegetated surfaces, within the shoreland zone shall not exceed twenty (20) percent of the lot or a portion thereof, located within the shoreland zone, including land area previously developed, except in the General Development District adjacent to tidal waters and rivers that do not flow to great ponds classified GPA, and in the Commercial Fisheries/Maritime Activities District, where lot coverage shall not exceed seventy (70) percent.

(5)

Retaining walls that are not necessary for erosion control shall meet the structure setback requirement, except for low retaining walls and associated fill provided all of the following conditions are met:

(a)

The site has been previously altered and an effective vegetated buffer does not exist;

(b)

The wall(s) is(are) at least 25 feet, horizontal distance, from the normal high-water line of a water body, tributary stream, or upland edge of a wetland;

(c)

The site where the retaining wall will be constructed is legally existing lawn or is a site eroding from lack of naturally occurring vegetation, and which cannot be stabilized with vegetative plantings;

(d)

The total height of the wall(s), in the aggregate, are no more than 24 inches;

(e)

Retaining walls are located outside of the 100-year floodplain on rivers, streams, coastal wetlands, and tributary streams, as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent flood plain soils.

(f)

The area behind the wall is revegetated with grass, shrubs, trees, or a combination thereof, and no further structural development will occur within the setback area, including patios and decks; and

(g)

A vegetated buffer area is established within 25 feet, horizontal distance, of the normal high-water line of a water body, tributary stream, or upland edge of a wetland when a natural buffer area does not exist. The buffer area must meet the following characteristics:

(i)

The buffer must include shrubs and other woody and herbaceous vegetation. Where natural ground cover is lacking the area must be supplemented with leaf or bark mulch;

(ii)

Vegetation plantings must be in quantities sufficient to retard erosion and provide for effective infiltration of stormwater runoff;

(iii)

Only native species may be used to establish the buffer area;

(iv)

A minimum buffer width of 15 feet, horizontal distance, is required, measured perpendicularly to the normal high-water line or upland edge of a wetland;

(v)

A footpath not to exceed the standards in Section 15(P)(2)(a), may traverse the buffer;

(6)

Notwithstanding the requirements stated above, stairways or similar structures may be allowed with a permit from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils provided: that the structure is limited to a maximum of four (4) feet in width; that 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. section 480-C); and that the applicant demonstrates that no reasonable access alternative exists on the property.

(C.M. of 7-2-2013, V. 2013-98)