Changes in the camping and recreational vehicle industry over the past decade have transformed the traditional summertime tent and trailer campgrounds into high density small villages with permanent facilities and resident occupancy for as much as seven months of the year. In addition, a majority of campgrounds in the Old Orchard Beach are legally non-conforming uses that are hamstrung in their abilities to expand and change with market demands. The purpose of the Campground Overlay District (CO) is to establish all existing campgrounds as conforming uses, and to provide performance and design standards that permit the expansion of existing campgrounds, and creation of new campgrounds while mitigating the on and off-site impacts created by the use.

In order to carry out the sections of this chapter, the town is hereby divided into the following classes of use districts, as shown on the official zoning map, which, together with all explanatory matters thereon, is hereby adopted by reference and declared to be a part of this chapter:

(1)

Residential districts:

a.

Residential 1 district (R-1).

b.

Residential 2 district (R-2).

c.

Residential 3 district (R-3).

d.

Residential 4 district (R-4).

e.

Residential 5 district (R-5).

f.

Residential beachfront district (RBD).

(2)

Downtown business districts:

a.

Downtown district 1 (DD-1).

b.

Downtown district 2 (DD-2).

(3)

Business and industrial districts:

a.

General business district 1 (GB-1).

b.

General business district 2 (GB-2).

c.

Neighborhood commercial district (NCD).

d.

Industrial district (ID).

(4)

Mixed use districts:

a.

Rural district (RD).

b.

Beachfront resort district (BRD).

c.

Planned mixed use development (PMUD).

(5)

Overlay districts:

a.

Amusement overlay district (AO).

b.

Historic overlay district (HO).

c.

Shoreland zone, which is divided into the following subdistricts:

Resource protection subdistrict (RP)

Shoreland residential activity subdistrict (RA)

Limited commercial subdistrict (LC)

General development subdistrict (GD)

Stream protection subdistrict (SP)

Public beach subdistrict (PB)

(Ord. of 9-18-2001, § 2.1; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

(a)

Established. The districts listed in section 78-456 are shown upon a map entitled "Official Zoning Map of the Town of Old Orchard Beach," dated February 3, 1998, amended May 17, 2011, and filed in the office of the town clerk. The shoreland zone subdistricts are depicted on a separate, Official Shoreland Zoning Map adopted pursuant to section 78-1178 of this chapter.

(b)

Identification. The official zoning map shall be located in the town office, and shall bear the signature of the chairman of the town council, and shall be certified by the attested signature of the town clerk. The map also shall bear the seal of the town under the following words: "This is to certify that this is the Official Zoning Map of the Town of Old Orchard Beach, Maine," together with the effective date of this chapter.

(c)

Changes. If, in accordance with this chapter and the state revised statutes annotated, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered upon such map promptly within 30 days after the amendment has been enacted with an entry on the official zoning map as follows: "On (date of adoption), by official action of the Town Council, the following change(s) were made in the Official Zoning Map: (brief description of nature of change)" which entry shall be signed by the chairman of the town council and attested by the town clerk.

(1)

Amendments not effective until entry upon official zoning map. No amendment to this chapter, which involves matter portrayed on the official zoning map, shall become effective until such change and entry have been made upon such map. Any map amendments under the jurisdiction of the Department of Environmental Protection Municipal Shoreland Zoning Guidelines shall be submitted to the commissioner of the department for approval pursuant to this chapter.

(2)

Unauthorized changes in map. No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person shall be considered a violation of this chapter and punishable as provided in section 78-33.

(d)

Copies. Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be permanently located in the office of the town clerk shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures within the town.

(e)

Replacement. If the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the town council by order may adopt a new official zoning map, which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such corrections shall have the effect of amendment thereof. The new official zoning map shall be identified by the signature of the chairman of the town council, attested by the town clerk, and bearing the seal of the town under the following words; "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted February 3, 1998 as part of the Zoning Ordinance of the Town of Old Orchard Beach, Maine, (Effective date)."

(f)

Preservation of prior official zoning maps. Unless the prior official zoning map has been lost or totally destroyed, the prior map, or any significant parts remaining, shall be preserved in the records of the town clerk, together with all available documents pertaining to its adoption or amendment.

(g)

Interpretation of district boundaries. Where uncertainty may arise as to the exact boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

District boundary lines. District boundary lines shall be interpreted as follows:

a.

Unless indicated otherwise, district boundary lines are the centerlines, plotted on the official zoning map at the time of adoption of the ordinance from which this chapter derives, of streets, alleys, parkways, waterways, or rights-of-way of public utilities, roads, and railroads or such lines extended except the boundaries of shoreland overlay districts as described in subsection (g)(1)b of this section.

b.

Shoreland overlay districts. The boundaries of shoreland overlay districts shall be delineated as described in section 78-1182.

(2)

Other district boundary lines. Those which are not listed in subsection (g)(1) of this section shall be considered lines paralleling and at distances from the centerlines of streets as shown on the official zoning map and, in certain instances, well-defined property lines of lots of record.

(3)

Distances by scale of map. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(4)

Uncertainty of district boundaries. Where uncertainties exist as to the exact location of district boundaries which cannot be resolved by subsection (g)(1), (2) or (3) of this section, the board of appeals, after consultation with the code enforcement officer, shall interpret the district boundaries, and shall be the final authority as to location.

(5)

Lot in more than one district. Except for the shoreland overlay districts, where a district boundary line transects a lot which was in single ownership at the effective date of the ordinance from which this chapter derives or amendment of this chapter and divides the lot into unequal portions, the planning board may permit the extension of the district regulations applicable to the larger portion of the lot into the smaller portion for a distance of 50 feet from the district boundary line upon review and approval as a conditional use under article VII of this chapter.

(Ord. of 9-18-2001, § 2.2; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

The residential 1 district (R-1) is established as a zoning district in which the principal use of the land is for single-family residences in detached dwellings and customary accessory, educational, public and religious uses that contribute to a wholesome residential neighborhood environment.

(Ord. of 9-18-2001, § 6.1)

The following uses are permitted uses in the residential 1 district (R-1):

(1)

Single-family dwellings, detached.

(2)

Accessory buildings, structures, or uses customarily incidental or subordinate to a conforming or legally nonconforming principal building or use.

(3)

Municipal uses.

(4)

Churches and parish houses.

(5)

Community living arrangements.

(6)

Accessory dwelling unit (see section 78-1383).

(Ord. of 9-18-2001, § 6.1.1; Ord. of 2-6-2024)

The planning board may authorize the following conditional uses in the residential 1 district (R-1) provided that the conditions and requirements of article VII of this chapter are met:

(1)

Housing opportunity program (see section 78-1272): Dwelling unit increase allowance.

(2)

Health care facilities, on lots of not less than five acres.

(3)

Public and private utility facilities, including substations, pumping stations, and treatment facilities, but excluding business offices.

(4)

Home occupations.

(5)

Child care facilities.

(6)

Wireless telecommunications facilities: architectural siting only.

(Ord. of 9-18-2001, § 6.1.2; Ord. of 2-6-2024)

_____

Space and bulk requirements in the residential 1 district (R-1) shall be as follows:

*NDD = Net development density

(Ord. of 9-18-2001, § 6.1.3)

_____

All permitted activities in the residential 1 district (R-1) shall conform to applicable performance standards specified in article VIII of this chapter.

(Ord. of 9-18-2001, § 6.1.4)

The residential 2 district (R-2) is established as a zoning district in which the principal use of the land is for one- and two-family residences and customary accessory, municipal, educational and religious uses that contribute to a wholesome neighborhood environment.

(Ord. of 9-18-2001, § 6.2)

The following uses are permitted uses in the residential 2 district (R-2):

(1)

Single-family dwelling, detached.

(2)

Two-family dwelling.

(3)

Accessory buildings, structures or uses customarily incidental or subordinate to a conforming or legally nonconforming principal building or use.

(4)

Municipal uses.

(5)

Churches or parish houses.

(6)

Community living arrangements.

(7)

Food carts, food trucks, and food stands located on property owned by the Salvation Army and serving only event attendees, event staff and performers, guests and employees of the Salvation Army and not the general public.

(8)

Accessory dwelling unit (see section 78-1383).

(Ord. of 9-18-2001, § 6.2.1; Ord. of 3-1-2022(1); Ord. of 2-6-2024)

The planning board may authorize the following conditional uses in the residential 2 district (R-2), provided that the conditions and requirements of article VII of this chapter are met:

(1)

Multifamily dwellings and apartment houses.

(2)

Lodging establishments.

(3)

Public and private utility facility.

(4)

Home occupations.

(5)

Child care facilities.

(6)

Wireless telecommunication facilities: architectural siting only.

(7)

Memorial gardens.

(8)

Lodging condominium.

(9)

Housing opportunity program (see section 78-1272): Affordable housing density bonus or dwelling unit increase allowance.

(Ord. of 9-18-2001, § 6.2.2; Ord. of 7-25-2023(2); Ord. of 2-6-2024)

Space and bulk requirements in the residential 2 district (R-2) are as follows:

*NDD = Net development density

(Ord. of 9-18-2001, § 6.2.3)

_____

All permitted activities in the residential 2 district (R-2) shall conform to applicable performance standards specified in article VIII of this chapter.

(Ord. of 9-18-2001, § 6.2.4)

The residential 3 district (R-3) is established as a zoning district where the principal use of the land is for single-family, private residences on small lots.

(Ord. of 9-18-2001, § 6.3)

The following uses are permitted uses in the residential 3 district (R-3):

(1)

Single-family dwellings, detached.

(2)

Accessory buildings, structures or uses customarily incidental or subordinate to a conforming or legally nonconforming principal building or use.

(3)

Two-family dwellings.

(4)

Municipal uses.

(5)

Churches or parish houses.

(6)

Community living arrangements.

(7)

Accessory dwelling unit (see section 78-1383).

(Ord. of 9-18-2001, § 6.3.1; Ord. of 2-6-2024)

The planning board may authorize the following conditional uses in the residential 3 district (R-3) provided that the conditions and requirements of article VII of this chapter are met:

(1)

Housing opportunity program (see section 78-1272): Affordable housing density bonus or dwelling unit increase allowance.

(2)

Multifamily dwellings.

(3)

Public and private utility facility.

(4)

Home occupations.

(5)

Child care facilities.

(6)

Private schools, exclusive of private business or trade schools.

(7)

Wireless telecommunication facilities: architectural siting only.

(8)

Memorial gardens.

(Ord. of 9-18-2001, § 6.3.2; Ord. of 2-6-2024)

_____

Space and bulk requirements in the residential 3 district (R-3) are as follows:

*NDD = Net development density

(Ord. of 9-18-2001, § 6.3.3)

All permitted activities in the residential 3 district (R-3) shall conform to applicable performance standards specified in article VIII of this chapter.

(Ord. of 9-18-2001, § 6.3.4)

The residential 4 district (R-4) is established to accommodate one-family and multifamily homes, and customary accessory educational, public and religious uses associated with residential neighborhoods.

(Ord. of 9-18-2001, § 6.4)

The following uses are permitted in the residential 4 district (R-4):

(1)

Single-family dwellings, detached.

(2)

Two-family dwellings.

(3)

Accessory buildings, structures or uses.

(4)

Municipal uses.

(5)

Churches or parish houses.

(6)

Community living arrangements.

(7)

Accessory dwelling unit (see section 78-1383).

(Ord. of 9-18-2001, § 6.4.1; Ord. of 2-6-2024)

The planning board may authorize the following conditional uses in the residential 4 district (R-4) provided that the conditions and requirements of article VII of this chapter are met:

(1)

Multifamily dwellings and apartment houses.

(2)

Nursing and convalescent homes, homes for the aged.

(3)

Health care facilities, on lots of not less than five acres.

(4)

Public and private utility facilities, including substations, pumping stations, and treatment facilities, but excluding business offices.

(5)

Home occupations.

(6)

Child care facilities.

(7)

Wireless telecommunication facilities: architectural siting only.

(8)

Housing opportunity program (see section 78-1272): Affordable housing density bonus or dwelling unit increase allowance.

(Ord. of 9-18-2001, § 6.4.2; Ord. of 2-6-2024)

_____

Space and bulk requirements in the residential 4 district (R-4) are as follows:

*NDD = Net development density

(Ord. of 9-18-2001, § 6.4.3)

_____

All permitted activities in the residential 4 district (R-4) shall conform to applicable performance standards specified in article VIII of this chapter.

(Ord. of 9-18-2001, § 6.4.4)

The single-family private dwelling district (R-5) is established as a zoning district where the primary use of the land is for single-family detached residences.

(Ord. of 9-18-2001, § 6.5)

The following categories of use are permitted in the single-family private dwelling district (R-5):

(1)

Single-family dwellings detached.

(2)

Accessory buildings, structures, or uses.

(3)

Municipal uses.

(4)

Community living arrangements.

(5)

Temporary anemometer tower.

(6)

Accessory dwelling unit (see section 78-1383).

(Ord. of 9-18-2001, § 6.5.1; Ord. of 12-15-2009(3); Ord. of 2-6-2024)

The planning board may authorize the following conditional uses in the single-family private dwelling district (R-5) provided that the conditions and requirements of article VII of this chapter are met:

(1)

Housing Opportunity Program (see section 78-1272): Dwelling Unit Increase Allowance.

(2)

Public and private utility facility.

(3)

Home occupation.

(4)

Child care facilities.

(5)

Wireless telecommunication facilities: architectural siting only.

(Ord. of 9-18-2001, § 6.5.2; Ord. of 2-6-2024)

_____

Space and bulk requirements in the single-family private dwelling district (R-5) are as follows:

* NDD = Net development density

(Ord. of 9-18-2001, § 6.5.3; Ord. of 12-6-2005; Ord. of 12-15-2009(3))

_____

All permitted activities in the single-family private dwelling district (R-5) shall conform to applicable performance standards specified in article VIII of this chapter.

(Ord. of 9-18-2001, § 6.5.4)

(a)

The general business district 1 (GB-1) shall extend along Old Orchard Road, Ocean Park Road, Temple Avenue, and Saco Avenue from the Saco town line to E. Emerson Cummings Blvd./Union Avenue, the Portland Road from Imperial Street and Cascade Road, Cascade Road from Portland Avenue to Miles Avenue and shall extend to a lot line of any lot with direct frontage on any of the streets or roads mentioned in this subsection for a maximum depth of 400 linear feet from the street centerline. The GB-1 district located on the parcel of land identified as 15 Ocean Park Road, Map/Block/Lot: 210/10/3, shall extend to all lot lines and shall be exempt from the maximum depth of 400 linear feet from the street centerline.

(b)

The GB-1 district is intended to accommodate commercial activities that are inappropriate to the downtown due to the compact settlement pattern in the beachfront area. While the GB-1 district is slowly evolving into highway commercial area, district regulations establish site development standards that encourage expansion of commercial uses while preserving the existing building line and mixed use character of the area.

(Ord. of 9-18-2001, § 8.1; Ord. of 11-19-2019)

The following uses shall be permitted in the general business district 1 (GB-1):

(1)

Single-family detached, two-family, and multifamily dwellings.

(2)

Accessory buildings, structures, or uses customarily incidental or subordinate to a conforming or legally nonconforming building or use.

(3)

Retail uses.

(4)

Business, professional, and governmental offices.

(5)

Personal services and laundromats.

(6)

Nursery, medical clinics, and child care centers.

(7)

Lodging establishments.

(8)

Restaurants and theaters.

(9)

Plant nursery, greenhouses, and farm stands.

(10)

Any service or business use manufacturing items for sale principally on the premises.

(11)

Mixed residential/retail or business, professional, and governmental offices.

(12)

Municipal uses.

(13)

Community living arrangements.

(14)

Accessory dwelling unit (see section 78-1383).

(Ord. of 9-18-2001, § 8.1.1; Ord. of 2-6-2024)

The planning board may authorize the following uses in the general business district 1 (GB-1) provided that the conditions of article VII of this chapter are met:

(1)

Automotive or boat sales service, and/or repair.

(2)

Adult business.

(3)

Public/private utility facility.

(4)

Wireless telecommunication facilities: architectural siting only.

(5)

Tattoo parlors.

(6)

Reserved.

(7)

Reserved.

(8)

Adult use marijuana store provided the lot has street frontage along Saco Avenue or Ocean Park Road.

(9)

Lodging condominium.

(10)

Housing opportunity program (see section 78-1272): Affordable housing density bonus or dwelling unit increase allowance.

(Ord. of 9-18-2001, § 8.1.2; Ord. of 5-13-14, § 2; Ord. of 8-4-2015(2); Ord. of 11-16-2021(4); Ord. of 11-1-2022; Ord. of 7-25-2023(2); Ord. of 2-6-2024)

Prohibited uses in the general business district 1 (GB-1) are as follows:

(1)

Temporary structures such as tents, lean-tos, and trailers from which business, services, or goods are sold or displayed.

(2)

Truck terminals/motor freight business.

(3)

Drinking establishments not incidental to the operation of a motel, hotel, or restaurant.

(4)

Mineral extraction operations.

(5)

Mobile homes.

(6)

Fuel storage and distribution facility.

(Ord. of 9-18-2001, § 8.1.3)

_____

Space and bulk requirements for the general business district 1 (GB-1) are as follows:

*NDD = Net development density

(Ord. of 9-18-2001, § 8.1.4)

_____

(a)

Parking. In addition to parking standards specified in division 4 of article VIII of this chapter, all uses in the general business district 1 (GB-1) shall conform to the following parking requirements:

(1)

No parking shall be permitted in the front setback yard as established in section 78-805.

(2)

With the exception of conditional uses established in section 78-803(1) and (2), sites containing nonresidential buildings in excess of 5,000 square feet of first floor gross leasable area shall allocate all off-street parking in the following manner:

a.

Front yard (area between the street and the building), 35% or less.

b.

Side and rear yards, 65% or more.

(3)

Subsection (a)(2) of this section may be waived by the planning board if the edge of parking lots located in the front yard are set back from the front property line by a minimum of 100 linear feet.

(b)

Site improvements. Site improvements are as follows:

(1)

Curbs and sidewalks. Where nonresidential development or multifamily residential development in excess of five units fronts a public street, the property owner shall construct a public sidewalk and street curb within the street right-of-way for the length of the property frontage. All sidewalks and curb designs shall conform to specifications established by the planning board.

(2)

Lighting. Notwithstanding the standards for parking lot lighting specified in division 4 of article VIII of this chapter, all freestanding site lighting shall:

a.

Not exceed the height of the principal building or 14 feet, whichever is less.

b.

From a nonresidential use, not shed more than 0.5 footcandle onto surrounding residential properties, or 1.0 footcandle onto surrounding nonresidential properties.

c.

Be shielded to prevent point source glare.

(3)

Signage. All signs in the GB-1 district must conform to the following standards in addition to those of division 5 of article VIII of this chapter:

a.

Materials. All proposed signage in the GB-1 district shall be constructed of either wood, metal, fabric, plastic, or composite materials.

b.

Lighting. All proposed signs may be illuminated by one or more shielded external light fixtures affixed to the building, the sign, or uplights emanating from the ground. Internally lighted signs shall consist of light hue lettering in a dark hue background. All sign lighting shall be white-colored illumination.

(4)

Area and dimensions. Sign area and dimensions are as follows:

a.

Total aggregate signage located on the site, displayed on awnings, affixed to the building, shall not exceed one square foot of signage for every one linear foot of building or storefront frontage on a public street. When the principal structure is oriented so that more than two sides of the building are oriented to the same street, only one side may be used to calculate sign area.

b.

Maximum aggregate signage for any parcel shall not exceed 150 square feet.

c.

Principal business buildings containing more than two licensed operations and set back a minimum of 60 feet from the front yard property line may erect an additional central directory sign visible from the street and equal in area to 25 percent of the allowable sign area of the building up not to exceed 30 square feet.

d.

Freestanding signs shall not exceed 15 feet in height and shall not exceed the allowable square footage. Square footage of signage allocated for the freestanding sign shall be subtracted from the maximum allowable square footage.

e.

Permitted sign area is not transferable between sides of the building located on a corner lot.

(Ord. of 9-18-2001, § 8.1.5)

(a)

The general business district 2 (GB-2) shall extend along both sides of Saco Avenue from E. Emerson Cummings Boulevard to the DD-2 district boundary at tax map 206, block 26, lot 1, and shall extend to the back property line of any lot with direct frontage on Saco Avenue for a maximum depth of 300 feet from the street right-of-way.

(b)

With the density of the settlement pattern of this area, the GB-2 district is primarily designed to encourage conversion of existing residential structures to small office and retail operations that generate relatively lighter trip generation and parking demand.

(Ord. of 9-18-2001, § 8.2)

The following uses shall be permitted in the general business district 2 (GB-2):

(1)

Single-family detached, two-family, and multifamily dwellings.

(2)

Accessory buildings, structures, or uses.

(3)

Business, professional, and governmental offices.

(4)

Retail uses of less than 5,000 square feet of gross leasable area.

(5)

Artist and craftsman studios.

(6)

Lodges and fraternal organizations.

(7)

Lodging establishments.

(8)

Municipal uses.

(9)

Community living arrangements.

(10)

Accessory dwelling unit (see section 78-1383).

(Ord. of 9-18-2001, § 8.2.1; Ord. of 2-6-2024)

The planning board may authorize the following uses in the general business district 2 (GB-2), provided the conditions of article VII of this chapter are met:

(1)

Automotive service and/or repair.

(2)

Retail uses in excess of 5,000 square feet of gross leasable area.

(3)

Public/private utility facility.

(4)

Wireless telecommunication facilities: architectural siting only.

(5)

Home occupations.

(6)

Cafes.

(7)

Lodging condominium.

(8)

Housing opportunity program (see section 78-1272): Affordable housing density bonus or dwelling unit increase allowance.

(Ord. of 9-18-2001, § 8.2.2; Ord. of 6-3-2008(2); Ord. of 1-19-2016(1); Ord. of 7-25-2023(2); Ord. of 2-6-2024)

Prohibited uses in the general business district 2 (GB-2) are as follows:

(1)

Truck terminals/motor freight business.

(2)

Drinking establishments.

(3)

Mobile homes.

(4)

Contractor storage yard 1 and 2.

(Ord. of 9-18-2001, § 8.2.3)

Space and bulk requirements for the general business district 2 (GB-2) are as follows:

*NDD = Net development density

(Ord. of 9-18-2001, § 8.2.4)

_____

(a)

Parking. In addition to parking standards specified in division 4 of article VIII of this chapter, all uses in the general business district 2 (GB-2) shall conform to the following parking requirements:

(1)

Where the town establishes parallel parking on Saco Avenue, properties fronting such facilities may reduce the required amount of on-site parking, specified under division 4 of article VIII of this chapter, in the following manner:

(2)

All required off-street parking shall be located in the side or rear yards of a property and not in the front yard fronting Saco Avenue.

(b)

Driveway locations. Notwithstanding driveway location standards specified in division 4 of article VIII of this chapter, corner lots with less than 100 feet of frontage on Saco Avenue shall establish driveways on side streets and not access Saco Avenue directly. The combined frontage of two adjacent parcels shall be applied to the 100-foot frontage requirement, provided that the parcels share a single curb cut and driveway.

(c)

Site improvements. Site improvements are as follows:

(1)

Curbs and sidewalks. Where nonresidential development or multifamily residential development in excess of five units fronts a public street, the property owner shall construct a public sidewalk and street curb within the street right-of-way for the length of the property frontage. All sidewalks and curb designs shall conform to specifications as established by the planning board.

(2)

Lighting. Notwithstanding the standards for parking lot lighting specified in division 4 of article VIII of this chapter, all freestanding site lighting shall:

a.

Not exceed the height of the principal building or 14 feet, whichever is less.

b.

From a nonresidential use, not shed more than 0.5 footcandle onto surrounding residential or nonresidential properties.

c.

Be shielded to prevent point source glare.

(3)

Street trees. Where nonresidential development or multifamily residential development in excess of five units fronts a public street, the property owner shall install street trees within the highway right-of-way or within a conservation easement fronting the property as specified by the planning board.

(d)

Signage. All signs in the GB-2 district must conform to the following standards in addition to those of division 5 of article VIII of this chapter:

(1)

Materials. All proposed signage shall be constructed of either wood, metal, or fabric.

(2)

Lighting. All proposed signs may be illuminated by one or more shielded external light fixtures affixed to the building, the sign, or uplights emanating from the ground. Internally illuminated signs shall be permitted.

(3)

Area and dimensions. Area and dimensions are as follows:

a.

Total aggregate signage located on the site, displayed on retractable awnings, affixed to the building, and displayed in the windows shall not exceed one square foot of signage for every two linear feet of building or storefront frontage on a public street.

b.

Maximum aggregate signage for any business shall not exceed 40 square feet.

c.

Freestanding signs shall not exceed 15 feet in height and shall not exceed the allowable square footage. Square footage of signage allocated for the freestanding sign shall be subtracted from the maximum allowable square footage.

d.

Permitted sign area is not transferable between sides of the building located on a corner lot.

(Ord. of 9-18-2001, § 8.2.5)

The purpose of the neighborhood commercial district (NCD) is to provide for the continuation and/or establishment of businesses and services, which support and complement the character of surrounding residential neighborhoods.

(Ord. of 9-18-2001, § 8.3)

The four neighborhood commercial districts are shown on the town's official zoning map. These districts are identified by the following neighborhood names:

(Ord. of 9-18-2001, § 8.3.1)

(a)

Permitted residential uses. Permitted residential uses in the neighborhood commercial districts are as follows:

(1)

NC-1 Ocean Park neighborhood commercial district. The following residential uses shall be permitted within the NC-1 district:

a.

Single-family dwellings, detached.

b.

Two-family dwelling.

c.

Accessory buildings, structures or uses customarily incidental or subordinate to a conforming or legally nonconforming principal buildings or use.

d.

Community living arrangements.

e.

Accessory dwelling unit (see section 78-1383).

(2)

NC-2 Union Avenue/West Grand neighborhood commercial district. The following residential uses are permitted within the NC-2 district:

a.

Single-family dwellings, detached.

b.

Two-family dwellings.

c.

Accessory buildings, structures or uses customarily incidental or subordinate to a conforming or legally nonconforming principal building or use.

d.

Community living arrangements.

e.

Accessory dwelling unit (see section 78-1383).

(3)

NC-3 Washington Ave./Campground neighborhood commercial district. The following residential uses are permitted within the NC-3 district:

a.

Single-family dwellings, detached.

b.

Two-family dwellings.

c.

Accessory buildings, structures or uses customarily incidental or subordinate to a conforming or legally nonconforming principal building or use.

d.

Community living arrangements.

e.

Accessory dwelling unit (see section 78-1383).

(4)

NC-4 Cascade Road commercial district. The following residential uses are permitted within the NC-4 district:

a.

Single-family dwellings, detached.

b.

Accessory buildings, structures or uses customarily incidental or subordinate to a conforming or legally nonconforming principal building or use.

c.

Community living arrangements.

d.

Accessory dwelling unit (see section 78-1383).

(b)

Permitted nonresidential uses. The following nonresidential uses shall be permitted in any of the NC districts unless otherwise noted:

(1)

Convenience stores.

(2)

Offices.

(3)

Restaurants, excluding drive-through restaurants, serving only nonalcoholic beverages (NC-1, 2, and 3 only).

(4)

Restaurants, excluding drive-through restaurants, serving alcoholic beverages (NC-2 and 3 only).

(5)

Retail uses with less than 1,500 square feet net leasable area.

(6)

Barbers, beauty shops, and manicurists, with less than 1,500 square feet of net leasable area.

(7)

Self-service laundromat with less than 1,500 square feet net floor area (NC-1, 2, and 3 only).

(8)

Nonresidential institutional uses including educational, religious, philanthropic, fraternal or social institutions.

(9)

Hotels, Motels (NC-1 and NC-2 districts only).

(10)

Bed and breakfast establishments (NC-1 and NC-2 districts only).

(11)

Public restrooms/changing room facilities (NC-1 district only).

(12)

Municipal and public utility uses.

(13)

Health clubs (NC-2 district only).

(14)

Recreational facilities.

(15)

Movie theaters (NC-1, 2, and 3 only).

(16)

Playhouses (NC-1, 2, and 3 only).

(17)

Garden centers and agricultural uses (NC-4 only).

(Ord. of 9-18-2001, § 8.3.2; Ord. of 2-6-2024)

(a)

NC-1 and NC-2 district conditional uses. The planning board may authorize the following conditional uses within the NC-1 and NC-2 districts:

(1)

Housing opportunity program (see section 78-1272): Affordable housing density bonus or dwelling unit increase allowance.

(2)

Multifamily dwellings, in the NC-2 district, on any floor except at sidewalk level.

(3)

Home occupations.

(4)

Child care facilities.

(5)

Public/private utility facility.

(6)

Wireless telecommunication facilities: architectural siting only.

(7)

Lodging condominium (limited to hotel, motel only).

(b)

NC-3 district conditional uses. The planning board may authorize the following conditional uses within the NC-3 district:

(1)

Housing opportunity program (see section 78-1272): Affordable housing density bonus or dwelling unit increase allowance.

(2)

Multifamily dwellings.

(3)

Lodging.

(4)

Home occupations.

(5)

Child care facilities.

(6)

Public/private utility facility.

(7)

Wireless telecommunication facilities: architectural siting only.

(8)

Tattoo art studio and boutique.

(9)

Lodging condominium.

(c)

NC-4 district conditional uses. The planning board may authorize the following conditional uses within the NC-4 district:

(1)

Housing opportunity program (see section 78-1272): Dwelling unit increase allowance.

(2)

Home occupations.

(3)

Child care facilities.

(4)

Lodging limited to bed and breakfast establishments only.

(5)

Public/private utility facility.

(6)

Wireless telecommunication facilities: architectural siting only.

(7)

Lodging condominium limited to bed and breakfast establishments only.

(Ord. of 9-18-2001, §§ 8.3.2.2(r)—(z), 8.3.3.2, 8.3.3.3; Ord. of 6-1-2021; Ord. of 7-25-2023(1); Ord. of 7-25-2023(2); Ord. of 7-25-2023(1); Ord. of 2-6-2024)

_____

(a)

NC-1 and NC-2 district space and bulk requirements. Space and bulk requirements for the NC-1 and NC-2 neighborhood commercial districts are as follows:

*NDD = Net development density

(b)

NC-3 district space and bulk requirements. NC-3 district space and bulk requirements are as follows:

*NDD = Net development density

(c)

NC-4 district space and bulk requirements. NC-4 district space and bulk requirements are as follows:

*NDD = Net development density

(Ord. of 9-18-2001, § 8.3.4; Ord. of 7-25-2023(1))

_____

(a)

Applicability. In addition to the performance standards contained in article VIII of this chapter, the performance standards in this section shall apply to all uses in the neighborhood commercial district. When the regulatory standards of this section and article VIII of this chapter conflict, the standards of this section shall prevail.

(b)

Building design. The intent of the subsequent standards is to ensure that construction, rehabilitation, or addition of nonresidential structures and uses within the neighborhood commercial districts will be visually harmonious with the architectural and landscape character of the surrounding environment. In the NC-4 district, new construction shall be designed to reflect the residential character of the surrounding neighborhoods. With the exception of permitted greenhouses and horticultural structures, all new construction shall meet the following architectural design standards:

(1)

Scale and form. Scale and form shall be as follows:

a.

Proportion of height and width. The relative proportion of height and width of any proposed new construction shall be visually compatible with that of surrounding structures. With the exception of greenhouses and horticultural structures, the mass and relative height of nonresidential construction in the NC-4 district shall mimic that of surrounding residential structures via architectural projections, change of building direction, or other design techniques.

b.

Roof shape. Proposed roof pitches, orientations, and overall roof shape shall be visually compatible with those of surrounding structures, as observed from the street and/or sidewalk. As a general rule, roofs should be pitched at a ratio of between 12″/8″ to 12″/12″, with pitches of less than 12″/8″ encouraged only in hip roof and or gambrel construction.

c.

Scale. The size and mass of proposed structures in relation to open spaces, windows, doors, porches, and stairs shall be visually compatible with principal structures and public spaces to which they are visually related. The intent of the scale is that it neither overpowers nor appears diminutive to the built character of the surrounding area.

(2)

Facade treatment. Facade treatment shall be as follows:

a.

Fenestration. The relative proportion of voids (windows and doors) to solids (facade) of proposed new structures shall be visually compatible with other surrounding principal structures within the district. Large display windows shall be discouraged unless visually diminished via the application of mullions and muntons or other devices used to reduce the scale of the lights.

b.

Facade materials. Facade materials shall be limited to wood clapboard, shake shingles, board and batten of similar texture, and color, excepting paint, as the dominant building materials within the district and especially of those structures to which the new construction is visually related. Brick, T-111, and vinyl/aluminum siding shall be generally discouraged.

(c)

Parking. Notwithstanding the parking standards specified in division 4 of article VIII of this chapter, all uses in the neighborhood commercial districts, with the exception of residential in neighborhood commercial districts 1, 2, and 4, and lodging establishments, shall conform to the following parking requirements:

(1)

Where the town has established on-street parking on public streets within the neighborhood commercial districts 1 and 2, new development of nonresidential properties fronting such facilities are exempt from the required amount of off-street parking specified under division 4 of article VIII of this chapter.

(2)

Where the town has established on-street parking on public streets within the neighborhood commercial district 3, expansions of existing buildings and uses on nonresidential and residential properties are exempt from the required amount of off-street parking specified under division 4 of article VIII of this chapter if the property owner can document on-site off-street parking is not available.

(3)

All off-street parking facilities accommodating four or more spaces shall be buffered from adjacent residential properties and shall be screened from the street if so located in the front yard per standards prescribed in Subdivision IV of division 7 of article VIII of this chapter.

(4)

Off-street parking spaces for nonresidential structures exceeding 5,000 square feet in net leasable area located in the NC-4 district shall be distributed in the following manner:

a.

Front yard (area between the street and the building), 35% or less.

b.

Rear yards, 65% or more.

(d)

Signage. All signs in the neighborhood commercial district must conform to the following standards in addition to those of division 5 of article VIII of this chapter:

(1)

Materials. All proposed signage in the neighborhood commercial district shall be constructed of wood, metal and or fabric or composite materials.

(2)

Area and dimensions. Area and dimensions shall be as follows:

a.

Total aggregate signage located on the site, displayed on awnings, and affixed to the building, shall not exceed one square foot of signage for every two linear feet of building or storefront frontage on a public street in the NC-1, 2 and 3 districts. In the NC-4 zoning district, allowable signage shall be one square foot of signage per linear foot of storefront fronting directly onto Cascade Road.

b.

Freestanding signs shall not exceed eight feet in height. Square footage of signage allocated for the freestanding sign shall be subtracted from the maximum allowable square footage for the property.

c.

Permitted sign area is not transferable between sides of the building located on a corner lot.

(e)

Lighting. Notwithstanding the standards for parking lot lighting specified in division 4 of article VIII of this chapter, all freestanding site lighting shall:

(1)

Not exceed the height of the principal building or 14 feet, whichever is less.

(2)

From a nonresidential use, not shed more than 0.5 footcandle onto surrounding residential properties or 1.0 footcandle onto surrounding nonresidential properties.

(3)

Be shielded to prevent point source glare.

(Ord. of 9-18-2001, § 8.3.5; Ord. of 7-25-2023(1))

The industrial district (ID) is established as a zoning district where the principal use of the land is for manufacturing, processing, treatment, research, warehousing, storage and distribution, excluding those uses where there is danger of explosions; chemical, radioactive, or biological contamination; or other hazards to public health or safety.

(Ord. of 9-18-2001, § 8.4)

The following uses in the industrial district (ID) are permitted, providing that the uses meet all applicable performance standards in this division and conform to all applicable state and federal regulations regarding the storage, handling, processing of materials and the disposal of solid, liquid, gaseous, and radiation waste:

(1)

Manufacturing, processing and treatment, exclusive of processes cited as prohibited uses.

(2)

Light industry, including research laboratories and facilities.

(3)

Warehousing and storage.

(4)

Business office parks.

(5)

Distribution and transportation, including trucking terminals.

(6)

Accessory buildings and uses.

(7)

Wholesale distributors.

(8)

Municipal uses.

(9)

Public/private utility facility.

(10)

Accessory dwelling unit (see section 78-1383).

(Ord. of 9-18-2001, § 8.4.1; Ord. of 2-6-2024)

The planning board may authorize the following conditional uses in the industrial district (ID):

(1)

Any other nonresidential use not listed as a prohibited use in section 78-904 which demonstrates an ability to fulfill the performance standards of section 78-906 and applicable sections of article VII of this chapter.

(2)

Residential uses, including community living arrangement, provided the following:

a.

The planning board determines that site constraints, vehicle access, or character of the surrounding neighborhood precludes the use of the site for industrial uses as permitted in this zone;

b.

Residential density shall be no less than one unit per 75,000 square feet of net residential area; and

c.

Principal dwelling units shall be set back a minimum of 50 feet from all property lines.

(3)

Mineral extraction operations.

(4)

Fuel storage and distribution facility.

(5)

Public/private utility facility.

(6)

Wireless telecommunication facilities.

(7)

Housing opportunity program (see section 78-1272): Affordable housing density bonus or dwelling unit increase allowance, provided the following:

a.

The planning board determines that site constraints, vehicle access, or character of the surrounding neighborhood precludes the use of the site for industrial uses as permitted in this zone;

b.

Residential density shall be no less than one unit per 75,000 square feet of net residential area.

(Ord. of 9-18-2001, § 8.4.2; Ord. of 8-4-2015(2); Ord. of 11-1-2022; Ord. of 2-6-2024)

Prohibited uses in the industrial district (ID) are as follows:

(1)

Junkyards.

(2)

Amusement parks.

(3)

Retail or personal service industries not ancillary to a permitted use.

(4)

Distillation of bones; fat rendering; glue, soap, or fertilizer manufacture.

(5)

Refining of petroleum or its products, including tar distillation.

(6)

Manufacture of explosives.

(7)

Coal distillation or coke ovens.

(8)

Creosote production or treatment.

(9)

Stockyards and animal slaughtering.

(10)

Used tire storage.

(Ord. of 9-18-2001, § 8.4.3; Ord. of 8-4-2015(2); Ord. of 11-1-2022)

Space and bulk requirements for the industrial district (ID) are as follows:

*NDD = Net development density

(Ord. of 9-18-2001, § 8.4.4)

_____

In addition to the performance standards contained in article VIII of this chapter, the following performance standards shall apply to all uses in the industrial district (ID):

(1)

Parking and loading. Standards for parking and loading are as follows:

a.

Parking and loading facilities shall be designed in conformance with the requirements of division 4 of article VIII of this chapter.

b.

Where feasible, employee parking spaces should be located in the rear yards of the proposed use. Employee parking may be located in the side yards of two adjacent uses sharing a common access driveway.

c.

Loading areas shall be screened from public view, and buffered from adjacent residential properties and zoning district boundaries in accordance with subdivision III of division 7 of article VIII of this chapter.

d.

Outdoor loading activities located within 200 feet of residential uses shall not occur between the hours of 6:00 p.m. and 7:00 a.m.

(2)

Lighting. Notwithstanding the standards for parking lot lighting specified in division 4 of article VIII of this chapter, all freestanding site lighting shall:

a.

Not exceed the height of the principal building or 20 feet, whichever is less

b.

From a nonresidential use, not shed more than 0.5 footcandle onto surrounding residential properties unless the two adjacent uses share common parking, driveway, loading or storage facilities.

c.

Not shed in excess of 1.0 footcandle beyond the property line of an adjacent nonresidential use.

d.

Be shielded to prevent point source glare.

(3)

Signage. In addition to division 5 of article VIII of this chapter, all signs in the industrial district must conform to the following standards:

a.

Materials. Proposed signage shall be constructed of either wood, metal, fabric, plastic, or composite materials.

b.

Lighting. All proposed signs may be illuminated by one or more shielded external light fixtures affixed to the building, the sign, or uprights emanating from the ground. Internally lighted signs shall consist of light hue lettering in a dark hue background.

c.

Area and dimensions. Area and dimensions shall be as follows:

1.

Total aggregate signage located on the site or affixed to the building shall not exceed one square foot of signage for every two linear foot of building frontage on a public street.

2.

Maximum aggregate signage for any parcel shall not exceed 100 square feet, with no single sign to exceed 50 square feet in area.

3.

Principal business buildings containing more than two licensed operations and set back a minimum of 75 feet from the front yard property line may erect an additional central directory sign visible from the street and equal in area to 20 percent of the allowable sign area of the building not to exceed 20 square feet.

4.

Freestanding signs shall not exceed 15 feet in height and shall not exceed the allowable square footage. Square footage of signage allocated for the freestanding sign shall be subtracted from the maximum allowable square footage.

(4)

Storage of materials. Storage of materials shall be in accordance with the following:

a.

Any material that is susceptible to producing dust, debris, emissions, or odors shall be stored in an enclosed structure that will prevent the dispersal of such nuisances.

b.

To prevent groundwater contamination, caustic, corrosive, or toxic materials, salts, or petroleum-based liquids shall be stored and dispensed within a specified containment facility consisting of a nonporous surface and constructed of suitable depth to contain a major spillage of the stored material.

c.

Outside storage of any hazardous material shall be protected by a minimum eight-foot-high fence with a locked gate constructed around the storage area.

d.

Materials, finished products, and equipment may be stored in the side and rear yards of the parcel, except no outdoor storage shall be permitted in the 50-foot setback from a residential property or zoning district boundary.

e.

All salvage or reclamation materials shall be stored in the rear yard of the property, and no storage of salvage materials shall be stored within the 50-foot setback from a residential property or zoning district boundary.

f.

Plant material associated with a garden nursery may be stored in the front, side or rear yard.

g.

Outside storage areas shall be screened from view from a public way and buffered from adjacent residential properties or zoning district boundaries in accordance with landscape performance standards established in subdivision IV of division 7 of article VIII of this chapter.

h.

No more than ten unregistered motor vehicles shall be stored on the site at any time, and no unregistered motor vehicle shall remain on the site for more than 60 days.

(5)

Vibration. No use proposed use shall generate earth vibration in excess of 0.003 of one inch at any time, measured at the property line. When multiple uses occupy the same lot, vibration shall not exceed 0.003 of an inch measured within ten feet of the source.

(6)

Odors. No use shall emit offensive, harmful, or noxious odors beyond the property line.

(7)

Solid waste. Standards for solid waste are as follows:

a.

All forms of solid waste excepting inert bulky waste shall be stored in enclosed containers, dumpsters, or an enclosed building on a nonporous floor before transport to an approved disposal facility.

b.

Inert bulky wastes shall be consolidated in the rear of the building

c.

All solid waste storage areas shall be buffered from adjacent properties in conformance with subdivision III of division 7 of article VIII of this chapter.

d.

No solid waste storage areas shall be located within 50 feet of an adjacent residential property.

(8)

Wastewater disposal. No industrial, chemical, or radioactive wastewater shall be discharged into the municipal sewer unless specifically approved by the superintendent of the town wastewater treatment plant. An industrial pretreatment plan shall be filed with the superintendent and periodically updated. In addition, all discharges shall comply with all applicable standards and provisions established by the state department of environmental protection and the federal Environmental Protection Agency.

(9)

Hazards and nuisances. No use shall conduct any operation that generates fire and explosive hazards, electromagnetic interference, radiation or biological hazards, or generates toxic materials that pose a danger to the health and safety of town residents.

(Ord. of 9-18-2001, § 8.4.5)

The rural district (RD) is established as a zoning district where the land is used for a wide variety of purposes at low density and where ample land area is an essential prerequisite for establishment and conduction of most rural land uses. Preservation of its rural character to the extent possible is also one of the most important purposes of the RD district.

(Ord. of 9-18-2001, § 9.1)

The following categories of uses are permitted in the rural district (RD):

(1)

Single-family dwellings, detached.

(2)

Accessory buildings, structures or uses customarily incidental or subordinate to a conforming or legally nonconforming principal building or use.

(3)

Municipal uses, provided there is no overnight parking of vehicles or machinery in the open and that no structure shall be located within 50 feet of a residential lot line.

(4)

Churches or parish houses.

(5)

Agriculture uses.

(6)

Forestry and timber harvesting.

(7)

Community living arrangements.

(8)

Temporary anemometer tower.

(9)

Accessory dwelling unit (see section 78-1383).

(Ord. of 9-18-2001, § 9.1.1; Ord. of 12-15-2009(3); Ord. of 2-6-2024)

The planning board may authorize the following uses in the rural district (RD), provided that the conditions of article VII are met:

(1)

Housing opportunity program (see section 78-1272): Dwelling unit increase allowance.

(2)

Nursing homes and congregate care facilities.

(3)

Public and private utility facilities.

(4)

Home occupations.

(5)

Child care facilities.

(6)

Private schools, exclusive of private business or trade schools.

(7)

Processing and retailing of farm products produced on the premises.

(8)

Veterinary hospital.

(9)

Animal husbandry for commercial purposes.

(10)

Boarding and riding stables.

(11)

Campgrounds.

(12)

Golf courses.

(13)

Mineral extraction operations.

(14)

Automobile service and repair facility.

(15)

Cemeteries, columbarias, and memorial gardens.

(16)

Contractor storage yard 2.

(17)

Wireless telecommunication facilities: architectural siting only.

(18)

Limited motor freight business.

(Ord. of 9-18-2001, § 9.1.2; Ord. of 2-6-2024)

_____

Space and bulk regulations for the rural district (RD) are as follows:

*NDD = Net development density

(Ord. of 9-18-2001, § 9.1.3; Ord. of 12-15-2009(3))

_____

(a)

Applicability. In addition to the performance standards contained in article VIII of this chapter, the performance standards in this section shall apply to all uses in the rural district (RD).

(b)

Lighting. Notwithstanding the standards for parking lot lighting specified in division 4 of article VIII of this chapter, all freestanding site lighting shall:

(1)

Not exceed the height of the principal building or 14 feet, whichever is less.

(2)

From a nonresidential use, not shed more than 0.5 footcandle onto surrounding residential or nonresidential properties.

(3)

Be shielded to prevent point source glare.

(c)

Parking. All parking must meet the requirements of division 4 of article VIII of this chapter.

(d)

Signage. Permitted uses advertising products or services offered on the premises in the rural district (RD) shall conform to the following standards:

(1)

Materials. All proposed signage in the RD district shall be constructed of wood, metal and or fabric.

(2)

Lighting. All proposed signs may be illuminated by one or more shielded external light fixtures affixed to the building, the sign, or uplights emanating from the ground. All sign lighting shall be white-colored illumination.

(3)

Area and dimensions. Area and dimensions shall be as follows:

a.

Maximum aggregate signage for any parcel shall not exceed 50 square feet, with no single sign to exceed 25 square feet in area.

b.

Freestanding signs shall not exceed 15 feet in height and shall not exceed the allowable square footage. Square footage of signage allocated for the freestanding sign shall be subtracted from the maximum allowable square footage.

c.

Permitted sign area is not transferable between sides of the building located on a corner lot.

(e)

Buffering. All buffering for the rural district shall conform to the landscaping and buffering of division 7 of article VIII of this chapter.

(Ord. of 9-18-2001, § 9.1.4)

The beachfront resort district (BRD) is a zoning district which accommodates a mix of residential uses and seasonal resort accommodations. The building stock consists of seasonal accommodations and yearround homes. This district is characterized by low-rise development, and the district provisions are designed to maintain the lower profile of this section of the town's beachfront. The mix of commercial and residential uses require the establishment of "good neighbor" performance standards where commercial uses and seasonal accommodations abut residential uses. These standards are found in the performance standards that are specific to the district.

(Ord. of 9-18-2001, § 9.2)

The following uses are permitted in the beachfront resort district (BRD):

(1)

Single-family dwellings, detached.

(2)

Two-family dwellings.

(3)

Accessory buildings, structures or uses customarily incidental or subordinate to a conforming or legally nonconforming principal building or use.

(4)

Multifamily dwelling unit buildings and apartment houses.

(5)

Lodging establishments.

(6)

Overnight cabins, detached and attached.

(7)

Restaurants, cafeterias.

(8)

Municipal uses.

(9)

Community living arrangements.

(10)

Accessory dwelling unit (see section 78-1383).

(Ord. of 9-18-2001, § 9.2.1; Ord. of 2-6-2024)

The planning board may authorize the following uses in the beachfront resort district (BRD) provided that the conditions of article VII of this chapter are met:

(1)

Housing opportunity program (see section 78-1272): Affordable housing density bonus or dwelling unit increase allowance.

(2)

Home occupations.

(3)

Convenience stores.

(4)

Retail sales as an ancillary use to lodging establishments.

(5)

Public/private utility facility.

(6)

Wireless telecommunication facilities: architectural siting only.

(7)

Lodging condominium including overnight cabins.

(Ord. of 9-18-2001, § 9.2.2; Ord. of 7-25-2023(2); Ord. of 2-6-2024)

Space and bulk requirements in the beachfront resort district (BRD) are as follows:

* NDD = Net development density

(Ord. of 9-18-2001, § 9.2.3)

(a)

Applicability. In addition to the performance standards contained in article VIII of this chapter, the performance standards in this section shall apply to all nonresidential uses in the beachfront resort district (BRD).

(b)

Parking. All uses in the beachfront resort district shall provide for off-street parking in conformance to division 4 of article VIII of this chapter pertaining to parking, except where noted as follows:

(1)

Required parking spaces. Required parking spaces shall be as follows:

(2)

Off-site parking facilities. Up to 50 percent of off-street parking spaces required to meet the provisions of division 4 of article VIII of this chapter and this subsection may be located on a parcel other than the lot containing the principal building or use, provided the following conditions are met:

a.

Both the parcel supporting the principal use and the lot containing the designated off-site parking shall be held in fee simple ownership by the same party, and provided that such person executes and records in the county registry of deeds a declaration of covenants and restrictions which prohibits the separate conveyance of either lot as long as the principal building or use remains in existence.

b.

All off-site parking is located within 300 linear feet of the principal building or use.

c.

All parking lots located across a public street or highway from the principal use shall provide adequate lighting, sidewalks, and crosswalks to provide safe access for pedestrian users.

d.

Signage. Signage for off-site, off-street parking shall not exceed two square feet.

(c)

Signs. Notwithstanding standards established in division 5 of article VIII of this chapter, all signs in the BRD district shall conform with the following performance standards:

(1)

Materials. All proposed signage in the BRD district shall be constructed of either wood, metal, custom design colored neon tubes, plastic, composite materials, or fabric.

(2)

Lighting. All proposed signs may be illuminated by one or more shielded external light fixtures affixed to the building, the sign, or uplights emanating from the ground. Neon signage shall be permitted. Internally lighted signs shall consist of light hue lettering on a dark hue background. No flashing, rotating, or string lighting shall be allowed. Nonneon light emanating from such fixtures shall be white-colored illumination.

(3)

Area and dimensions. Area and dimensions shall be as follows:

a.

Sign area. Total aggregate sign area located on the site, displayed on awnings, affixed to the building, and displayed in the windows shall not exceed the area ratios listed as follows:

1.

Facade area for each story or floor shall be computed as the height between the floor and the ceiling of a storefront multiplied by the length of the storefront's frontage on a public street.

2.

Sign area is nontransferable between floors of a multistory structure; however, second floor businesses may erect signage on the first floor elevation provided the signage area is no more than one-half of the total allowable signage for second floor usage.

b.

Parking lots. Licensed private parking lots shall be permitted a maximum of one square foot of signage for every ten linear feet of lot frontage on a public street to a maximum of 30 square feet.

c.

Freestanding signs. Freestanding signs shall not exceed the height of the principal building or 15 feet in height, whichever is less.

(4)

Bonus sign area. Procedures for bonus sign area are as follows:

a.

Qualifying signage. Additional or bonus sign area may be granted if proposed signage conforms to one or more of the following criteria:

1.

Wood, window, and awning signs. Proposed signs are limited to professional quality carved, painted wood-signs, window lettering, and/or cloth awnings of high quality design, composition, and construction.

2.

Architectural signage. Signage is harmoniously incorporated into the design and architectural character of the building.

3.

Graphic signage. Custom-designed signage is designed so as to graphically convey the product sold on the premises, the nature or the name of the business, thereby minimizing the amount of lettering required on the signage to a total of eight syllables and or graphic elements.

4.

Victorian signage. Signage is designed in a Victorian era motif incorporating materials, design, lettering, scrollwork, and other decorative elements customarily associated with signage of the period.

5.

Custom neon and moving signs. Signage consists of custom-designed neon lettering, logo, or graphic character incorporated into a sign of distinctive design. Intermittent-lighted neon depicting a unique moving logo or object, such as a juggling clown, may be permitted, provided that:

i.

The moving graphic is appropriate for the character of the surrounding area.

ii.

The relative scale, intensity of illumination, the speed of movement, or orientation of the moving graphic will not distract or impair the vision of motorists.

iii.

Flashing arrows or similar directional signs shall be prohibited.

b.

Bonus area conveyed. Provided the standards in subsection (c)(4)a of this section are met to the satisfaction of the planning board, maximum aggregate signage permitted on any property or storefront may increase as follows:

(d)

Site improvements. Standards for site improvements are as follows:

(1)

Curb/sidewalks. Where nonresidential development or multifamily residential development in excess of five units fronts a public street, the property owner shall construct a public sidewalk and street curb within the street right-of-way for the length of the property frontage. All sidewalks and curb designs shall conform to specifications as established by the planning board.

(2)

Lighting. All freestanding site lighting shall:

a.

Not exceed the height of the principal building or 14 feet, whichever is less

b.

From a nonresidential use, not shed more than 0.5 footcandle onto surrounding residential properties or 1.0 footcandle onto surrounding nonresidential properties.

c.

Be shielded to prevent point source glare.

(Ord. of 9-18-2001, § 9.2.4)

The residential beachfront district shall extend from the entirety of Parcher Avenue (south), the Old Orchard Beach/Scarborough town line (north), the Guilford Line railroad tracks (west) and Atlantic Ocean (east).

The residential beachfront district is a zoning district which accommodates a mix of residential uses and seasonal resort accommodations. The building stock consists of year round homes and year-round accommodations. This district is characterized by low-rise development, and the District provisions are designed to maintain the lower profile of this section of the town's beachfront. Instances in which existing commercial uses and seasonal accommodations abut residential homes, prior to the adoption of this section, and therefore "grandfathered", require the establishment of "good neighbor" performance standards that are specific to the district.

(Ord. of 8-2-2005(9))

The following uses are permitted in the residential beachfront district (RBD):

(1)

Single-family dwellings, detached.

(2)

Two-family dwellings.

(3)

Accessory buildings, structures or uses customarily incidental or subordinate to a conforming or legally nonconforming principal building or use.

(4)

Multifamily dwelling unit buildings and apartment houses.

(5)

Municipal uses.

(6)

Community living arrangements.

(7)

Accessory dwelling unit (see section 78-1383).

(Ord. of 8-2-2005(9); Ord. of 2-6-2024)

The planning board may authorize the following uses in the residential beachfront district (RBD) provided that the conditions of article VII of this chapter are met:

(1)

Housing opportunity program (see section 78-1272): Affordable housing density bonus or dwelling unit increase allowance.

(2)

Home occupations.

(Ord. of 8-2-2005(9); Ord. of 2-6-2024)

Space and bulk requirements in the residential beachfront district (RBD) are as follows:

(Ord. of 8-2-2005(9))

All permitted or conditional use activities in the residential beachfront (RBD) district shall conform to applicable performance standards specified in article VIII of this chapter.

(Ord. of 8-2-2005(9))

The town is a community with a rich tradition of mixed use neighborhoods and a paucity of land area dedicated for large commercial, light industrial and institutional uses essential to bolster its nonresidential tax base and provide yearround employment opportunities. The intent of the PMUD district is to encourage creative and flexible land use design that efficiently maximizes the use of developable land while promoting the integration of new commercial and business development with supporting residential and recreational uses—all within a quality community environment.

(Ord. of 9-18-2001, § 9.3)

(1)

Temporary anemometer tower.

(2)

Accessory dwelling unit (see section 78-1383).

(Ord. of 12-15-2009(3); Ord. of 2-6-2024)

Notwithstanding article VII of this chapter, the following conditional uses may be permitted in the planned mixed use development (PMUD) zone:

(1)

Corporate, professional, and governmental offices.

(2)

Light manufacturing, research, and assembly operations.

(3)

Retail uses of less than 5,000 gross leasable area.

(4)

Schools.

(5)

Sports and performing arts centers, golf courses, clubhouses and similar recreational facilities.

(6)

Lodging establishments.

(7)

Convention centers and banquet facilities.

(8)

Nursing homes and congregate care facilities.

(9)

Single-family, two-family, multifamily dwellings, and community living arrangements.

(10)

Municipal uses.

(11)

Agriculture and aquaculture.

(12)

Accessory buildings, structures, or uses customarily incidental or subordinate to a conforming or legally nonconforming building or use.

(13)

Manufacturing, processing and treatment, exclusive of processes cited as prohibited uses.

(14)

Light manufacturing.

(15)

Retail uses in excess of 5,000 gross sales area, provided:

a.

The primary target market for the proposed use consists of the occupants and residents of the PMUD project.

b.

The nature of the proposed use complements the primary mixture of uses within the project.

c.

The design of the proposed use is compatible with the scale and architectural character of the PMUD community.

(16)

Warehousing, providing the following:

a.

The total gross floor area of all warehouse facilities within the PMUD does not exceed 25 percent of the nonresidential floor area of the project. Warehouse facilities ancillary to an on-site manufacturing or retail use shall be excluded from the floor area restrictions of this division.

b.

The proposed use complies with the following performance standards:

1.

The use is sited within the project away from incompatible uses.

2.

The use does not pose an immediate danger to surrounding uses by fire, explosion, chemical spills, or biological or gaseous release nor does the use generate odorous, offensive, or caustic emissions, persistent noise, or other nuisances that will negatively impact the quality of life or property values of surrounding uses.

3.

Truck traffic is either routed directly to an arterial street from the site or is limited to ten trips per 24-hour period.

4.

All material that produces dust, debris, emissions, or odors shall be stored in an enclosed building.

5.

Adequate provisions are taken to contain and prevent any petroleum product, pesticide, chemical solution or solvent, salts or any compound from infiltrating and contaminating groundwater resources.

6.

No use shall be permitted to discharge waste or wastewater into the municipal sewer that will adversely impact the ability of the municipal wastewater treatment plant to comply with provisions of the federal Clean Water Act.

(17)

Public/private utility facility.

(18)

Wireless telecommunications facilities.

(19)

Child care facilities.

(20)

Lodging condominium.

(21)

Housing opportunity program (see section 78-1272): Affordable housing density bonus or dwelling unit increase allowance.

(Ord. of 9-18-2001, § 9.3.1; Ord. of 12-15-2009(3); Ord. of 10-16-2012(1); Ord. of 7-25-2023(2); Ord. of 2-6-2024)

Prohibited uses in the planned mixed use development (PMUD) are as follows:

(1)

Mobile homes.

(2)

Automobile sales.

(3)

Salvage facilities.

(4)

Campgrounds.

(5)

Truck terminals/motor freight business.

(6)

Adult business.

(Ord. of 9-18-2001, § 9.3.2; Ord. of 12-15-2009(3))

_____

Space and bulk requirements for the planned mixed use development (PMUD) are as follows:

GLA = Gross leasable area

(Ord. of 9-18-2001, § 9.3.3; Ord. of 12-15-2009(3))

_____

(a)

No single use type (single-family detached, office, industrial, etc.) shall exceed 75 percent of the total building square footage permitted for the planned mixed use development (PMUD) project, unless the planning board determines that the size of the project parcel is inadequate to effectively support multiple uses.

(b)

A minimum of 35 percent of the project parcel shall be retained in dedicated permanent open space. Roads, parking lots, utility facilities and easements shall not be eligible for open space designation.

(c)

Contiguous lots of record held in the same ownership shall be considered one parcel under the provisions of the PMUD district.

(Ord. of 9-18-2001, § 9.3.4; Ord. of 12-15-2009(3))

(a)

Site layout. Standards for site layout in the planned mixed use development (PMUD) are as follows:

(1)

The project shall be designed with sensitivity to the natural topography, important vegetative stands, site features, critical wildlife habitats, and the visual character of the site.

(2)

Uses shall be arranged within the project in distinct neighborhoods and located in proximity to other uses based on the functional and visual interrelationship of those uses.

(3)

Community facilities such as recreational facilities, retail centers, or institutional/public facilities should be centrally located within the project.

(4)

Dedicated permanent open space required under subsection 78-1025(b) shall be integrated into the overall design of the PMUD project and shall be accessible to the public and/or the PMUD residents from multiple access points.

(b)

Traffic and circulation. Standards for traffic and circulation are as follows:

(1)

The PMUD project shall be designed to minimize off-site traffic impacts to existing town roads. All traffic mitigation measures required to maintain acceptable LOS (level of service) intersection performance and road capacity standards shall be borne by the project developer.

(2)

Internal circulation shall provide for the free movement and circulation of vehicles within the project.

(3)

Through traffic flow shall not be routed through residential neighborhoods.

(4)

All off-street parking and loading facilities shall conform to division 4 of article VIII of this chapter if the applicant demonstrates that, because of differing hours of peak demand, the same parking space may be used by multiple uses to meet the requirements of division 4 of article VIII of this chapter.

(c)

Water resource protection. Standards for water resource protection are as follows:

(1)

Stormwater management facilities shall be designed to produce zero peak runoff into all off-site waterbodies and watercourses.

(2)

All title and maintenance responsibilities of stormwater detention or retention facilities shall reside with any other entity other than the town.

(d)

Wastewater treatment. All proposed sewered PMUD projects shall demonstrate that adequate capacity is available at the municipal wastewater treatment plant to accommodate the volume and nature of the wastewater generated by the project.

(e)

Site amenities. Standards for site amenities are as follows:

(1)

Residential neighborhoods containing in excess of 50 units shall provide neighborhood facilities designed to service the recreational needs of the residents. Such facilities may be designed for indoor or outdoor use and for passive or active recreational activities. Recreational amenities within the outdoor or indoor facility shall be designed to service the varied age groups of the residents.

(2)

Neighborhood recreational facilities shall not be required when project recreational facilities are located within 600 linear feet of all units within the residential neighborhood.

(3)

Project-wide facilities and amenities shall be available to all residents and occupants of the PMUD project and shall be centrally located.

(4)

In order to encourage pedestrian travel and to ensure the safety and convenience of PMUD residents, sidewalks shall be provided along all major pedestrian corridors, all residential streets, and between recreational/site amenities and residential or nonresidential users.

(f)

Parking. The parking performance standards of division 4 of article VIII of this chapter shall apply to the PMUD district.

(g)

Signage. The planning board and the applicant shall attempt to reach agreement on the details of the design and allocation of signage within a PMUD project; if negotiated agreement cannot be reached, the planning board shall determine signage design and allocation. In order to create a "sense of place" for the project and define it as a coordinated development, all signage should have common elements in materials, design, size, color, or style. In addition to division 5 of article VIII of this chapter, signage shall conform to the following base performance standards:

(1)

Sign area. Sign area shall not exceed one square foot of sign area for every two linear feet of building frontage on a public street or a private way. Sign area may be transferable between buildings and properties within the PMUD project, pending planning board approval.

(2)

Freestanding signs. Freestanding signs shall not exceed 15 feet in height and shall not exceed the allowable square footage, unless the planning board finds that a sign of greater elevation is compatible with the elevation of surrounding structures and does not detract from the visual quality of the surrounding neighborhood. Square footage of signage allocated for the freestanding sign shall be subtracted from the maximum allowable square footage.

(h)

Site lighting. Standards for site lighting are as follows:

(1)

Site lighting from a nonresidential use shall not shed more than 0.2 footcandle onto surrounding residential properties.

(2)

All freestanding lighting shall consist of shielded downlights and shall not exceed the height of the principal building served by the lighting fixture. Recreational facilities and sports stadiums requiring lighting for evening use shall be exempted from these height requirements at the discretion of the planning board.

(3)

Streetlights along private ways should provide an average 1.0 footcandle of illumination on the road or sidewalk surface and should not exceed 15 feet in height.

(4)

No site lighting shall be directed or installed to produce glare, visual discomfort, or nuisance to motorists or residential properties.

(i)

Landscaping and setbacks. Basic landscaping within the PMUD project shall conform to all applicable sections established in division 7 of article VIII of this chapter. The planning board may require additional landscaping and building setbacks from adjoining on-site or off-site properties in order to separate incompatible uses, minimize impacts of incompatible uses, abate noise and visual impacts, or maintain solar access.

(Ord. of 9-18-2001, § 9.3.5; Ord. of 12-15-2009(3))

(a)

Generally. All proposed development in the planned mixed use development (PMUD) district shall receive approvals prior to the issuance of building permits in accordance with the schedule in this section.

(b)

Concept plan approval. Prior to submitting a subdivision or site plan review application to the planning board, all proposed projects within the PMUD shall receive conceptual plan approval from the planning board.

(1)

Concept plan submission. Proposed projects in the PMUD district shall submit the following materials in support of a conceptual plan approval:

a.

Conceptual site plan showing the proposed layout of all roads, parking lots, building lots, and recreational or common facilities, and connections to off-site utilities.

b.

Location, type, and total building area of proposed uses.

c.

Physical and functional relationship of roads and land uses to existing facilities on adjacent properties.

d.

Proposed space and bulk data including maximum building area, common or open space area, number of parking spaces, amount of proposed impervious surface, net residential area totals, and other pertinent site data.

e.

Location of important site features such as streams, wetlands, slopes in excess of 20 percent, rock outcrops, significant tree stands.

f.

Phasing plan for project. If the applicant either owns or has a partial title interest in an adjacent property, the applicant shall provide a conceptual plan illustrating the common scheme of future development for all abutting properties.

(2)

Planning board action. Upon receipt of a conceptual plan application, the planning board will evaluate the proposed concept and approve or deny the proposed project based on the following criteria:

a.

The project conforms to the intent and purpose of the PMUD district as expressed in this division.

b.

The mixture of proposed uses and the layout of such uses maintain the character of the surrounding properties and neighborhood.

c.

The project can secure reasonable access to off-site utilities and public roads.

d.

The mixture of proposed uses and open space conforms to this division.

(c)

Subdivision approval. All projects containing a subdivision of land or buildings into three or more lots or units of record or any project involving multiple phases of development on the same parcel or adjacent properties in common ownership shall be subject to the subdivision approval process as specified in chapter 74. Any project within the PMUD district not qualifying as a subdivision under chapter 74 and not involving multiple phases shall proceed to site plan review as specified in subsection (d) of this section and article IV of this chapter.

(d)

Site plan review required. Upon receipt of a subdivision approval from the planning board, development of individual lots, phases, or sections of the approved project shall obtain a site plan approval from the planning board prior to the issuance of building permits.

(Ord. of 9-18-2001, § 9.3.6; Ord. of 12-15-2009(3))

(a)

The existing beachfront amusement parks and the pier have long served as a prime attraction to the summertime visitors and one of the historical signatures distinctive of the town. Both the pier and the amusement parks are unique mixed use areas that have different design configurations and land use requirements from the linear built fabric and land use patterns elsewhere in the downtown. By nature, amusement parks are flexible land uses that must shift the internal layout and complement of rides and amusements to meet market demand, the same way that a retailer changes stock with the season or with emerging fashion trends.

(b)

The purpose of the amusement overlay district (AO) is to provide the flexibility of site design criteria and use requirements that will support continued operation of the amusement parks and pier by enabling operators to adjust the mix of uses and rearrange site elements in rapid response to shifting market demand.

(Ord. of 9-18-2001, § 10.1)

(a)

The amusement overlay district (AO) shall be applicable to parcels of one acre or more located exclusively in the DD-1 district. Minimum lot size shall not apply to the existing town pier or any future piers constructed in the AO district.

(b)

Properties may be designated by the planning board as being within the AO district, provided that the planning board receives a written petition from the property owner and certifies that the proposed operation conforms to all sections of this division.

(c)

If, at any time, the planning board finds that an amusement operation within the AO overlay district no longer conforms to the intent or the specifications of this division, the board may revoke the AO designation, and the prevailing zoning requirements shall revert to those of the underlying DD-1 district.

(Ord. of 9-18-2001, § 10.1.1)

Permitted uses in the amusement overlay district (AO) shall be classified as follows:

(1)

Primary uses. Primary uses are as follows:

a.

Mechanical and nonmechanical amusement rides, go-cart tracks, water slides, miniature golf courses, bumper boats, aquariums and similar activities.

b.

Virtual reality amusements.

c.

Amusement arcades.

d.

Games of skill.

e.

Services such as manicurists, face painting, and similar activities.

f.

Public performances, whether by live actors or mechanical/video means.

g.

Recreational equipment rentals.

h.

Temporary structures including booths and tents erected to accommodate uses described in this section.

i.

Boardwalks, observation decks, landscaped park areas, and similar structures or facilities established to provide public seating and afford public views of the ocean or beach, and that are not associated with a complementary use.

(2)

Complementary uses. Complementary uses are as follows:

a.

Drinking establishments.

b.

Tattoo parlors.

c.

Restaurants.

d.

Food carts, food trucks, and food stands with a minimum of a ten-foot setback from the front property line.

e.

Retail.

f.

Take-out food business.

(3)

Conditional uses. Conditional uses consist of public/private utility facilities.

(Ord. of 9-18-2001, § 10.1.2; Ord. of 2-6-2018(1))

Prohibited uses in the amusement overlay district (AO) are as follows:

(1)

Residential uses and lodging establishments.

(2)

Adult entertainment.

(3)

Bungee jumping.

(Ord. of 9-18-2001, § 10.1.4)

(a)

Primary uses. Within the amusement overlay district (AO), the cumulative floor area of all primary uses cited in section 78-1083(1) and located on any one lot of record shall constitute a minimum of 60 percent of the net amusement area of the subject parcel.

(b)

Complementary uses. Standards for floor area of complementary uses is as follows:

(1)

Within the AO district, the cumulative floor area of all complementary uses cited in section 78-1083(2) and located in any one lot of record shall not exceed 40 percent of the net amusement area of the subject parcel.

(2)

Notwithstanding any other section in this chapter, the cumulative floor area of all drinking establishments cited in section 78-1083(2) and located in any one lot of record shall not exceed ten percent of the total area of the subject parcel.

(c)

Calculation of area. Area is calculated as follows:

(1)

Net amusement area is defined as the total floor area of all primary and complementary uses exclusive of exterior pedestrian circulation paths and walkways, refuse and fuel storage areas, administrative offices, driveways, employee parking areas, building basements and stairwells.

(2)

Calculations of the floor area of an amusement ride shall consist of the total horizontal area occupied by the amusement during operation, including queue lines, passenger waiting areas, and up to one-half the setback distance between the ride and other structures or amusements.

(Ord. of 9-18-2001, § 10.1.5)

_____

Space and bulk requirements for the amusement overlay district (AO) are as follows:

*NDD = Net development density

(Ord. of 9-18-2001, § 10.1.6)

_____

(a)

Safety. Standards for safety in the amusement overlay district (AO) are as follows:

(1)

No amusement ride, whether at repose or in operation, shall project beyond the property boundary.

(2)

Internal layout of all buildings, structures, amusement rides, and site features within the AO district shall accommodate the free access of municipal fire and rescue equipment.

(3)

No portion of the site shall be developed that is not within 500 feet of a municipal fire hydrant directly accessible to fire apparatus.

(4)

All drinking establishments providing outdoor service of alcohol shall provide a visual screen between the outdoor service area and amusement rides and activities designed to serve young children between the ages of two and eight years old. Design of the visual screen shall conform to standards as established by the planning board.

(b)

Lighting. Standards for lighting are as follows:

(1)

Any custom lighting that is integrated into the standard design of any manufactured amusement or amusement ride per the manufacturer's specifications or shop drawings shall be permitted in the AO district.

(2)

Maximum height of an area light fixture shall not exceed 15 feet. All area lighting shall direct the cone of illumination perpendicular to the plane of the ground surface or shall shield directional area lights so that no more than 1.5 footcandles are shed onto an adjacent property

(3)

With the exception of neon and lighting provided in subsection (b)(1) of this section, all illumination exceeding 25 watts shall provide a shield around the source bulb to eliminate glare.

(c)

Signage. All signage in the amusement overlay district must conform to the standards in this subsection in addition to those of division 5 of article VIII of this chapter. Any custom signage and lighting that is integrated into the standard design of any manufactured amusement or amusement ride per the manufacturer's specifications or shop drawings shall be permitted in the AO district. All other proposed signage, not part of a manufactured amusement, shall conform to the following standards and requirements:

(1)

Materials. Signage shall be constructed of wood, metal, custom design colored neon tubes, fabric and or composite materials.

(2)

Lighting. All proposed signs may be illuminated by one or more shielded external light fixtures affixed to the building, the sign, or uplights emanating from the ground. Internally lighted signs shall consist of light hue lettering in a dark hue background.

(3)

Area and dimensions. Area and dimensions are as follows:

a.

Total aggregate signage for each individual structure, food stand, or other business structure shall not exceed one square foot of signage area for each one linear foot of lateral dimension of the structure fronting an aisle or other pedestrian corridor within the parcel.

b.

All signage on all uses fronting a public street shall be subject to the same standards as required in subdivision II of division 7 of this article for the DD-1 and DD-2 districts.

c.

Freestanding signage shall be permitted within the AO district, providing the top of the sign pole does not exceed the eave elevation of surrounding buildings, excluding amusement rides, and shall not exceed the allowable square footage. Square footage of signage allocated for the freestanding sign shall be subtracted from the maximum allowable square footage.

(4)

Bonus sign area. Procedures for bonus sign area are as follows:

a.

Qualifying signage. Additional or bonus sign area may be granted by the planning board if proposed signage conforms to one or more of the following criteria:

1.

Wood, window, and awning signs. Proposed signs are limited to carved, painted wood signs; window lettering; and/or retractable awnings.

2.

Architectural signage. Signage is harmoniously incorporated into the design and architectural character of the building.

3.

Graphic signage. Custom-designed signage is designed so as to graphically convey the product sold on the premises, the nature or the name of the business, thereby minimizing the amount of lettering required on the signage to a total of eight syllables and or graphic elements.

4.

Victorian signage. Signage is designed in a Victorian era motif incorporating materials, design, lettering, scrollwork, and other decorative elements customarily associated with signage of the period.

5.

Custom neon and moving signs. Signage consists of custom-designed neon lettering, logo, or graphic character incorporated into a sign of distinctive design. The planning board may permit intermittent-lighted neon depicting a unique moving logo or object, such as a juggling clown, provided that:

i.

The moving graphic is appropriate for the character of the surrounding area.

ii.

The relative scale, intensity of illumination, the speed of movement, or orientation of the moving graphic will not distract or impair the vision of motorists.

iii.

Flashing arrows or similar directional signs shall be prohibited.

b.

Bonus area conveyed. Provided the standards in subsection (c)(4)a of this section are met to the satisfaction of the planning board, maximum aggregate signage permitted on any property or storefront may increase as follows:

(d)

Parking. Parking requirements for the AO district shall be the same as the underlying district and in conformance with performance standards specified in division 4 of article VIII of this chapter.

(Ord. of 9-18-2001, § 10.1.7)

(a)

Amusement rides. All amusement rides regulated and licensed by the state fire marshal's office under title 8, subsection 51, shall not require a building permit from the town code enforcement officer, provided that such amusement rides are located within the amusement overlay district (AO).

(b)

Site plan review. All buildings and structures, with the exception of temporary structures as defined in section 78-1382 shall receive site plan approval from the planning board prior to construction or installation.

(c)

Building permits. All structures not qualifying under subsection (a) of this section shall be required to obtain a building permit from the code enforcement officer.

(d)

Height exception permit. Notwithstanding the requirements of article VII of this chapter pertaining to conditional uses, all amusement rides and structures proposed in excess of 85 feet height within the AO district shall meet the following approval criteria before a height exemption permit is granted by the planning board:

(1)

All rides or amusement structures in excess of 85 feet in height shall provide rescue apparatus, available to the municipal fire department, and suitable to safely extricate the public from all portions of the structure or amusement.

(2)

All proposed uses shall be sited and designed so as to maintain existing visual access to the ocean from all public streets and public view corridors.

(3)

The use will not obstruct more than 60 percent of the existing sky area within the volume of the proposed structure as viewed from the centerline of East Grand or West Grand Avenue between the azimuth of 21 degrees and 85 degrees.

(4)

Structures shall be set back a minimum of 50 feet from front and side lot lines.

(Ord. of 9-18-2001, § 10.1.8)

(a)

The Portland Avenue corridor from Foote Street to Old Orchard Street is a distinctive historic character area and a visually important gateway into the downtown. With its collection of architecturally significant structures, uniform setbacks, tree-lined sidewalks, and focal view of the town hall bell towers, this portion of the Portland Avenue corridor remains one of the few surviving examples of the town in its heyday as a grand resort.

(b)

The purpose of the historic overlay district (HO) is to encourage the preservation of the existing historic structures and the streetscape character that is critical to the identity and cultural welfare of the community, while promoting appropriate reuse of existing structures and encouraging new construction that is architecturally and visually compatible with the character of the district.

(Ord. of 9-18-2001, § 10.2)

The historic overlay district (HO) shall be applicable to all properties immediately fronting Portland Avenue, beginning at the centerline of Old Orchard Street and extending to the centerline of Foote Street and to a maximum lot depth of 150 feet from the centerline of Portland Avenue.

(Ord. of 9-18-2001, § 10.2.1)

The following uses shall be permitted in the historic overlay district (HO):

(1)

Single-family detached, two-family, and multifamily dwellings.

(2)

Accessory buildings, structures, or uses customarily incidental or subordinate to a conforming or legally nonconforming building or use.

(3)

Community living arrangements.

(4)

Accessory dwelling unit (see section 78-1383).

(Ord. of 9-18-2001, § 10.2.2; Ord. of 2-6-2024)

The planning board may authorize the following use in the historic overlay district (HO), provided that the conditions of article VII of this chapter are met:

(1)

Adult business.

(2)

Lodging.

(3)

Retail uses.

(4)

Business, professional, and governmental offices.

(5)

Personal services and laundromats.

(6)

Nursery, medical clinics, and child care centers.

(7)

Restaurants and theaters.

(8)

Plant nursery, greenhouses, and farm stands.

(9)

Any service or business use manufacturing items for sale principally on the premises.

(10)

Lodging condominium.

(11)

Housing opportunity program (see section 78-1272): Affordable housing density bonus or dwelling unit increase allowance.

(Ord. of 9-18-2001, § 10.2.3; Ord. of 7-25-2023(2); Ord. of 2-6-2024)

Prohibited uses in the historic overlay district (HO) are as follows:

(1)

Truck terminals/motor freight business.

(2)

Drinking establishments not incidental to the operation of a lodging establishment or restaurant.

(3)

Mineral extraction operations.

(4)

Mobile homes.

(5)

Auto repair, service, sales and rentals.

(6)

Contractor storage yards.

(7)

Tattoo parlors.

(Ord. of 9-18-2001, § 10.2.4; Ord. of 5-13-14, § 3; Ord. of 8-4-2015(2); Ord. of 11-1-2022)

_____

Space and bulk requirements for the historic overlay district (HO) are as follows:

*NDD = Net development density

(Ord. of 9-18-2001, § 10.2.5)

_____

All performance standards required for the GB-1 district shall be fully applicable in the historic overlay district (HO). Where the performance standards of the GB-1 district conflict with design criteria for a certificate of appropriateness, as outlined in subdivision II of division 4 of article V of this chapter, the criteria in subdivision II of division 4 of article V of this chapter shall prevail.

(Ord. of 9-18-2001, § 10.2.6)

Any structural modification, addition, or demolition of all or any exterior part of existing structures or any construction activity within the historic overlay district (HO) shall first be required to obtain a certificate of appropriateness in accordance with all procedures and criteria outlined in subdivision II of division 4 of article V of this chapter.

(Ord. of 9-18-2001, § 10.2.7)

Editor's note— An ordinance adopted by Town Council 5-17-11, effective 7-15-11, date of DEP approval, repealed § 78-1176, which pertained to purpose and derived from Ord. of 9-18-2001, § 10.3.1.

This division applies to an overlay district known as the "shoreland zone," which term is defined in section 78-1. This division also applies to any building or structure built on, over or abutting a dock, wharf or pier, or other building extending beyond the normal high water line of a waterbody or within a wetland.

(Ord. of 9-18-2001, § 10.3.2; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

The shoreland zone is hereby divided into the following subdistricts, as shown on the official shoreland zoning map which is made a part of this chapter:

(1)

Resource protection subdistrict (RP).

(2)

Shoreland residential activity subdistrict (RA).

(3)

Limited commercial subdistrict (LC).

(4)

General development subdistrict (GD).

(5)

Stream protection subdistrict (SP).

(6)

Public beach subdistrict (PB).

(Ord. of 9-18-2001, § 10.3.3; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

The boundaries of the shoreland zone exist as set forth in section 78-1177. The depiction of the shoreland zone and associated subdistricts delineated on the official shoreland zoning map is illustrative of the general location of the zone and subdistricts. The boundaries of the zone and subdistricts shall be determined by measurement of the distance indicated on the maps from the normal high water line of the waterbody or the upland edge of wetland vegetation, regardless of the location of the boundary shown on the map.

(Ord. of 9-18-2001, § 10.3.4; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

Except as hereinafter specified in this division, no building, structure or land located within the shoreland zone shall hereafter 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.

(Ord. of 9-18-2001, § 10.3.5; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

(a)

Purpose. It is the intent of this division to promote land use conformities, except that nonconforming conditions that existed before the effective date of this chapter or amendments thereto shall be allowed to continue, subject to the requirements set forth in this division and in division 2 of article II of this chapter. Except as otherwise provided in this chapter, a non-conforming condition shall not be permitted to become more non-conforming.

(b)

General.

(1)

Transfer of Ownership. Nonconforming structures, lots, and uses may be transferred, and the new owner may continue the nonconforming use or continue to use the nonconforming structure or lot, subject to the provisions of this chapter.

(2)

Repair and maintenance. This chapter allows, without a permit, activities not meeting the standards of section 78-34(f), which involve the normal upkeep and maintenance of nonconforming uses and structures.

(c)

Nonconforming structures.

(1)

Expansions. A nonconforming structure may be added to or expanded after obtaining a conditional use permit from the planning board, if such addition or expansion does not increase the nonconformity of the structure and is in accordance with subparagraphs (a) and (b) below.

a.

After January 1, 1989, if any portion of a structure is less than the required setback from the normal high water line of a waterbody or tributary stream or the upland edge of a wetland, that portion of the structure shall not be expanded, as measured in floor area or volume, by 30 percent or more, during the lifetime of the structure. If a replacement structure conforms with the requirements of section 78-1181(c)(3), and is less than the required setback from a water body, tributary stream or wetland, the replacement structure may not be expanded if the original structure existing on January 1, 1989 had been expanded by 30 percent in floor area and volume since that date.

An expansion which increases either the volume or floor area of the structure or any portion thereof that is less than the required water setback by 30 percent or more is a substantial expansion which is prohibited unless a variance is obtained.

b.

Whenever a new, enlarged, or replacement foundation is constructed under a nonconforming structure, the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the planning board, basing its decision on the criteria specified in subsection (b)(2) of this section pertaining to relocation. If the completed foundation does not extend beyond the exterior dimensions of the structure, except for expansion in conformity with section (a) above, and the foundation does not cause the structure to be elevated by more than three additional feet, as measured from the uphill side of the structure (from original ground level to the bottom of the first floor sill), it shall not be considered to be an expansion of the structure.

c.

No structure which is less than the required setback from the normal high water line of a waterbody, tributary stream, or upland edge of a wetland shall be expanded toward the waterbody, tributary stream, or wetland.

(2)

Relocation. A nonconforming structure may be relocated within the boundaries of the parcel on which the structure is located, provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the planning board and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of state law and the state subsurface wastewater disposal rules or that a new system can be installed in compliance with the law and said rules. In no case shall a structure be relocated in a manner that causes the structure to be more nonconforming.

In determining whether the structure relocation meets the setback to the greatest practical extent, the planning board shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation.

When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the planning board shall require replanting of native vegetation to compensate for the destroyed vegetation. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as follows:

a.

Trees removed in order to relocate a structure must be replanted with at least one native tree, three feet in height, for every tree removed. If more than five trees are planted, no one species of tree shall make up more than 50 percent of the number of trees planted. Replaced trees must be planted no further from the water or wetland than the trees that were removed.

Other woody and herbaceous vegetation, and ground cover, that are removed or destroyed in order to relocate a structure must be re-established. An area at least the same size as the area where vegetation and/or ground cover was disturbed, damaged, or removed must be reestablished within the setback area. The vegetation and/or ground cover must consist of similar native vegetation and/or ground cover that was disturbed, destroyed or removed.

b.

Where feasible, when a structure is relocated on a parcel the original location of the structure shall be replanted with vegetation which may consist of grasses, shrubs, trees, or a combination thereof.

(3)

Reconstruction or replacement. Any nonconforming structure which is located less than the required setback from a waterbody, tributary stream, or wetland and which is removed, or damaged or destroyed, regardless of the cause, by more than 50 percent of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced, provided that a permit is obtained within 18 months of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the waterbody, tributary stream or wetland setback requirement to the greatest practical extent as determined by the planning board in accordance with the purposes of this chapter. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity. If the reconstructed or replacement structure is less than the required setback it shall not be any larger than the original structure, except as allowed pursuant to section 78-1181(c)(1) above, as determined by the non-conforming floor area and volume of the reconstructed or replaced structure at its new location. If the total amount of floor area and volume of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with section 78-1181(c)(2) above.

Any nonconforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed by 50 percent or less of the market value, or damaged or destroyed by 50 percent or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place if a permit is obtained from the code enforcement officer within one year of such damage, destruction, or removal.

In determining whether the structure reconstruction or replacement meets the water setback to the greatest practical extent, the planning board shall consider, in addition to the criteria in subsection (c)(2), Relocation, above, the physical condition and type of foundation present, if any.

(4)

Change of use of a non-conforming structure. The use of a nonconforming structure may not be changed to another use unless the planning board, after receiving a written application, determines that the new use will have no greater adverse impact on the water body, tributary stream, or wetland, or on the subject or adjacent properties and resources than the existing use.

In determining that no greater adverse impact will occur, the planning board shall require written submissions from the applicant, regarding the probable effects on public health and safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, floodplain management, archaeological and historic resources, and commercial fishing and maritime activities, and other functionally water-dependent uses, as applicable.

(d)

Nonconforming uses.

(1)

Expansions. Expansions of nonconforming uses are prohibited, except that nonconforming residential uses may, after obtaining a conditional use permit from the planning board be expanded within existing residential structures or within expansions of such structures as permitted in subsection (b)(1) of this section.

(2)

Resumption prohibited. A lot or structure in or on which a non-conforming use is discontinued for a period exceeding two years, or which is changed to a conforming use for a period exceeding one year, may not again be devoted to a nonconforming use except that the planning board may, for good cause shown by the applicant, grant up to a one year extension of the period of discontinuance or changed use. This provision shall not apply to the resumption of a use of a residential structure provided that the structure has been used or maintained for residential purposes during the five-year period preceding the discontinuance or change of use.

(3)

Change of use. An existing nonconforming use may be changed to another nonconforming use provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources than the former use, as determined by the planning board. The determination of no greater adverse impact shall be made according to criteria listed in section 78-1181(c)(4) "change of use of a nonconforming structure," above.

(e)

Nonconforming lots.

(1)

Nonconforming lots. A nonconforming lot of record as of the effective date of this chapter or amendment thereto may be built upon, without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership, and that all provisions of this chapter except lot area, lot width and shore frontage can be met. Variances relating to setback or other requirements not involving lot area, lot width or shore frontage shall be obtained by action of the board of appeals.

(2)

Contiguous built lots. If two or more contiguous lots or parcels are in a single or joint ownership of record at the time of adoption of this chapter, if all or part of the lots do not meet the dimensional requirements of this chapter, and if a principal use or structure exists on each lot, the non-conforming lots may be conveyed separately or together, provided that the State Minimum Lot Size Law (12 M.R.S.A. sections 4807-A through 4807-D) and the State of Maine Subsurface Wastewater Disposal Rules are complied with.

If two or more principal uses or structures existed on a single lot of record on the effective date of this chapter, each may be sold on a separate lot provided that the State Minimum Lot Size Law and rules are complied with or each lot is served by public sewer. When such lots are divided each lot thus created must be as conforming as possible to the dimensional requirements of this chapter.

(3)

Contiguous lots—Vacant or partially built. If two or more contiguous lots or parcels are in single or joint ownership of record at the time of or since adoption or amendment of this chapter, if any of these lots do not individually meet the dimensional requirements of this chapter or subsequent amendments, and if one or more of the lots are vacant or contain no principal structure the lots shall be combined to the extent necessary to meet the dimensional requirements.

(Ord. of 9-18-2001, § 10.3.6; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

(a)

Generally.

(1)

The depiction of these subdistricts on the official zoning map is illustrative of their location. The boundaries of these subdistricts, unless shown to be the centerline of a street or railroad, shall be determined by measurement of the distance indicated on the maps from the high water line of the waterbody or the upland edge of wetland vegetation, regardless of the location of the boundary shown on the map. Exact boundaries shall be determined by on-site inspection and measurement from the normal high water line or from the upland edge of a wetland.

(2)

Such on-site inspection and measurement may be requested by the property owner at any time or by the applicant at the time of filing an application for a permit or approval under this chapter. As part of such on-site inspection and measurement, the property owner or the applicant for any permit or approval may present evidence from persons with training and/or experience related to the identification, delineation and classification of wetlands and/or the delineation of the high water line or the upland edge of a wetland. Such evidence shall be presented to the code enforcement officer or to the planning board, if an application for a planning board permit or approval is pending, and a determination shall be made as to the exact boundaries, subject to review by the board of appeals pursuant to subdivision II of division 2 of article II of this chapter.

(b)

Resource protection subdistrict (RP). The resource protection subdistrict includes areas in which development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values. This subdistrict is intended to include the following areas when they occur within the limits of the shoreland zone, exclusive of the stream protection subdistrict, except that areas which are currently developed and areas which meet the criteria for the limited commercial or general development subdistricts were not included within the resource protection subdistrict:

(1)

Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands and wetlands associated with great ponds and rivers, which are rated "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas, by the Maine Department of Inland Fisheries and Wildlife (MDIF&W) that are depicted on a Geographic Information System (GIS) data layer maintained by either MDIF&W or the Department as of December 31, 2008. For the purposes of this paragraph "wetlands associated with great ponds and rivers" shall mean areas characterized by non-forested wetland vegetation and hydric soils that are contiguous with a great pond or river, and have a surface elevation at or below the water level of the great pond or river during the period of normal high water. "Wetlands associated with great ponds or rivers" are considered to be part of that great pond or river. Also included in this district are areas within 250 feet, horizontal distance, of the upland edge of salt marshes and salt meadows which are rated "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas, by the MDIF&W as of January 1, 1973.

(2)

Floodplains along rivers and floodplains along artificially formed great ponds 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, or the flood of record or, in the absence of these, by soil types identified as recent floodplain soils. This subdistrict is also intended to include undeveloped areas in 100 year floodplains adjacent to tidal waters as shown on FEMA's Flood Insurance Rate Maps or Flood Hazard Boundary Maps.

(3)

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

(4)

Areas of two or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater or coastal wetland as defined, and which are not surficially connected to a water body during the period of normal high water. These areas usually consist of forested wetlands abutting water bodies and non-forested wetlands.

(5)

Land areas along rivers subject to severe bank erosion, undercutting, or riverbed movement, and lands adjacent to tidal waters which are subject to severe erosion or mass movement, such as steep coastal bluffs.

(6)

In addition, the resource protection subdistrict extends seaward to the municipal boundary.

(c)

Shoreland residential activity subdistrict (RA). The shoreland residential activity subdistrict includes those areas within the shoreland zone suitable for residential and recreational development. It includes areas other than those in the resource protection subdistrict, or stream protection subdistrict, and areas which are used less intensively than those in the limited commercial subdistrict or the general development subdistrict.

(d)

Limited commercial subdistrict (LC). The limited commercial subdistrict overlays the following underlying zoning districts:

Beachfront resort district (BRD); Residential beachfront district (RBD); Residential 3 district (R3); Neighborhood commercial district 1 (NC-1); Neighborhood commercial district 2 (NC-2)

It includes areas of mixed, light commercial and residential uses, exclusive of the stream protection subdistrict, which should not be developed as intensively as the general development subdistrict. This subdistrict 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.

(e)

General development subdistrict (GD). The general development subdistrict overlays the following underlying zoning districts:

Downtown district 1 (DD-1); Downtown district 2 (DD-2); Contract zone 1 (CZ-1)

It includes the following types of existing, intensively developed areas:

(1)

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

a.

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

b.

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

(2)

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

(f)

Stream protection subdistrict (SP). This subdistrict includes all land areas within 100 feet, horizontal distance, of the normal high water line of a stream and all land areas within 100 feet of the high water line of the nontidal portion of the Goosefare Brook, located from the Boston and Maine Railroad tracks upstream to the Saco border, exclusive of:

(1)

Areas within 250 feet, horizontal distance, of the normal high water line of a tidal saltwater body; and

(2)

Areas within 250 feet, horizontal distance, of the upland edge of coastal or freshwater wetlands.

Where a stream and its associated shoreland area is located within the proscribed horizontal distance, above, from such waterbodies or wetlands, that land area should be regulated under the terms of the shoreland zone subdistrict associated with that waterbody or wetland.

(g)

Public beach subdistrict (PB). This subdistrict includes the beach area and public park land acquired by the Town of Old Orchard Beach for a public park on or about April 23, 1935 and May 5, 1935. The purpose of this subdistrict is to allow continuation of all the public recreational uses which have been made of the beach historically, subject to such rules and regulations as the Town Council may from time to time impose by ordinance, regulation or policy governing the use of the public park.

(Ord. of 9-18-2001, § 10.3.7; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

Generally. The use of land, buildings and structures in the shoreland zone Is governed as follows:

(a)

In the resource protection, stream protection and public beach subdistricts, uses are governed exclusively by the table "Land Uses in the Shoreland Zone," below (the "Shoreland Use Table").

(b)

In the shoreland residential activity, limited commercial and general development subdistricts, uses are governed by the Shoreland Use Table and by the use regulations for the underlying zoning district as set forth in the other divisions of this article. In cases where comparison between the Shoreland Use Table and the underlying zoning district regulations creates uncertainty as to whether a use is permitted, the regulation imposing the greater restrictions and/or allowing a less intensive use shall control. In any case where a use is specifically listed as prohibited in the underlying zoning district, the use is also prohibited in the shoreland zone overlay subdistrict, despite anything to the contrary in the Shoreland Use Table. In any case where a use is specifically listed as prohibited in the Shoreland Use Table, the use is prohibited, despite anything to the contrary in the underlying zoning district regulations.

Key to Use Table:

Yes - Allowed (no permit required under this division, but the use must comply with all applicable land use standards of this division, and permits or approvals required by other provisions of this chapter must be obtained.)

No - Prohibited

PB - Allowed with permit issued by the planning board.

CEO - Allowed with permit issued by the code enforcement officer.

LPI - Allowed with permit issued by the local plumbing inspector.

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 Reserved.

³ Reserved.

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 78-1209, essential services.

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 78-1206, roads and driveways.

⁹ Single-family residential structures may be allowed only according to the provisions of section 78-1186, undeveloped lots in resource protection. 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.

¹³ Public facilities only.

(Ord. of 9-18-2001, § 10.3.8; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

All land use activities within the shoreland zone shall conform to the shoreland zoning performance standards contained in division 13 of article VIII of this chapter, if applicable. When there is any conflict between the performance standards in division 13 of article VIII of this chapter and the other standards of this chapter, the more restrictive standards shall control.

(Ord. of 9-18-2001, § 10.3.9; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

Space and bulk requirements for the shoreland zone and its subdistricts are as follows:

¹ This provision shall not apply to structures such as transmission towers, windmills, antennas, and similar structures having no floor area.

(1)

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 towards calculating minimum lot area.

(2)

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

(3)

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.

(4)

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.

(Ord. of 9-18-2001, § 10.3.10; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval; Ord. of 10-16-2012(2))

In addition to the criteria specified in subsection 78-34(e), excepting structure setback requirements, the planning board may approve a permit for single-family residential structure in a resource protection district provided that the applicant demonstrates that all of the following conditions are met:

(a)

There is no location on the property, other than a location within the resource protection district, where the structure can be built.

(b)

The lot on which the structure is proposed is undeveloped and was established and recorded in the registry of deeds of the county in which the lot is located before the adoption of the resource protection district.

(c)

The proposed location of all buildings, sewage disposal systems and other improvements are:

(1)

Located on natural ground slopes of less than 20 percent; and

(2)

Located outside the floodway of the 100-year floodplain along rivers and artificially formed great ponds along rivers and outside the velocity zone in areas subject to tides, based on detailed flood insurance studies and as delineated on the Federal Emergency Management Agency's flood boundary and floodway maps and flood insurance rate maps; all buildings, including basements, are elevated at least one foot above the 100-year floodplain elevation; and the development is otherwise in compliance with any applicable municipal floodplain ordinance.

If the floodway is not shown on the Federal Emergency Management Agency Maps, it is deemed to be one-half the width of the 100-year floodplain.

(d)

The total ground-floor area, including cantilevered or similar overhanging extensions, of all principal and accessory structures is limited to a maximum of 1,500 square feet. This limitation shall not be altered by variance.

(e)

All structures, except functionally water-dependent structures, are set back from the normal high water line of a waterbody, tributary stream or upland edge of a wetland to the greatest practical extent, but no less than 75 feet, horizontal distance. In determining the greatest practical extent, the Planning Board shall consider the depth of the lot, the slope of the land, the potential for soil erosion, the type and amount of vegetation to be removed, the proposed building site's elevation in regard to the floodplain, and its proximity to moderate-value and high-value wetlands.

(Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

The requirements of the campground overlay district shall apply to all campgrounds in all zoning districts, except that campgrounds in operation as of November 5, 2003 shall be included in the campground overlay district only if they are designated as a "registered campground" by the planning board no later than April 1, 2004. Existing campgrounds not so registered shall be governed by the regulations for the zoning district in which they are located and, to the extent they do not comply with such zoning district requirements or with the requirements of this campground overlay district, shall be deemed nonconforming uses, subject to the restrictions and limitations on nonconforming uses contained in article III of this chapter.

(Ord. of 11-5-2003(1), § 10.4.1)

(a)

No hookup campsites.

(b)

RV campsites.

(c)

Seasonal campsites.

(Ord. of 11-5-2003(1), § 10.4.2; Ord. of 4-21-2009(1))

The following uses shall be permitted by right as accessory uses which area customarily subordinate and incidental to the permitted uses and provided that such accessory uses are reserved primarily for the use of registered occupants and visitors of the campground and not the general public:

(1)

Registration offices, administration and maintenance facilities.

(2)

Active and passive outdoor recreational facilities including but not limited to ball fields, shuffleboard courts, swimming pools, playgrounds, and trails.

(3)

Indoor assembly and recreational facilities.

(4)

Restrooms, washrooms, and shower facilities.

(5)

Self-service and coin operated laundry facilities.

(6)

Convenience stores and retail located at least 100 feet from a public street and not open to members of the public who are not registered occupants or guests of registered occupants of the campground.

(7)

Personal services not open to members of the public who are not registered occupants or guests of registered occupants of the campground.

(8)

Private access roads.

(9)

Freestanding decks, sheds, and recreational vehicle accessory enclosures by permit only, issued before work is in progress by the code enforcement officer.

(10)

Other uses and structures which are customarily incidental to the operation of a campground.

(11)

Dumping stations for the discharge of liquid septic and gray water wastes from a recreational vehicle or trailer holding tank. Dumping stations shall be connected to a public sewer, or consist of sealed holding tanks and be approved in design and operation by the Old Orchard Beach Code Enforcement Officer. Dumping stations are for the use of registered occupants of the campground only.

(12)

Food carts, food trucks, and food stands serving only registered occupants, guests of registered occupants, and employees of the campground and not the general public.

(Ord. of 11-5-2003(1), § 10.4.3; Ord. of 2-6-2018(1))

Park model trailer/recreation vehicle sales and service provided the activity is permitted in the underlying district and meets conditional use permitting and standards of article VII of the zoning ordinance.

(Ord. of 11-5-2003(1), § 10.4.4; Ord. of 4-21-2009(1))

_____

No trailer, recreational vehicle or mobile home which contains more than 400 square feet of floor area shall be located on any campsite or occupied anywhere within a campground.

Space and Bulk Requirements

* NDD= Net Development Density

(Ord. of 11-5-2003(1), § 10.4.4.5; Ord. of 4-21-2009(1))

_____

All existing campgrounds seeking designation as a registered campground under section 78-1221 herein shall make application to the planning board on forms available from the planning department.

(1)

Application for registered campground status. Applicants shall submit an application to the planning board on forms provided by the planning department and containing the following:

a.

An existing conditions site plan consisting of either:

(i)

An aerial photograph no later than one year old taken by a qualified aerial mapping company, accompanied by a site plan of the campground showing the boundaries of the property, the limits of existing operations, roads, buildings, and the approximate location of sites. Such site plan need not be prepared by a surveyor or professional engineer, but shall be legible and sufficiently detailed to permit verification of existing conditions, or alternatively,

(ii)

A property survey prepared and sealed by a licensed land surveyor showing the parcel property lines and the location of all campsites, roads and parking lots, sanitary facilities, recreational and retail facilities, and all other relevant infrastructure.

This existing conditions site plan shall identify and label all sites as either a primitive campsite, RV campsite, or a seasonal campsite and shall correlate with the inventory of campsites recorded by the code enforcement officer in the official document entitled "Campground Inspections, 1999".

b.

Copy of the 1999 Assessor's Property Card documenting the number and type of existing camping sites, and all other structures and facilities currently operating on the property.

c.

Copy of the most recent business license, as granted by the Old Orchard Beach Town Council.

(2)

Review for compliance. The planning board shall review submitted plans and documents and shall determine compliance with the number and type of campsites and campground improvements listed in the Campsite Inspections 1999 inventory and the 1999 Assessor's Records. After conducting a public hearing on the application, those existing campgrounds deemed in compliance with 1999 inventory data shall be designated as registered campgrounds and included in the overlay district.

Sites and facilities not accounted for in these inventories shall either be eliminated from the property and restored to a natural condition by the applicant or the applicant shall demonstrate that the unaccounted sites/facilities meet all use, space and bulk, and performance standards of division 18 herein.

(Ord. of 11-5-2003(1), § 10.4.5)

(a)

Activities requiring permit: No new permitted or accessory uses shall be created or developed in the campground overlay district, and no campsite upgrades undertaken, without first obtaining a permit as set forth in this section.

(b)

Campsite upgrades and improvements: Upgrades or improvements to an existing licensed sites or recreational areas involving, in each case, no more than 3,500 square feet of land area and 25 cubic yards of earth material, may be allowed by a permit issued by the code enforcement officer. Upgrades or improvements to an existing licensed site or recreational area involving, in each case, more than 3,500 square feet of land area and 25 cubic yards of earth material may be allowed as an administrative site plan review in accordance with subsection (c). For purposes of this division 18, earth material shall not include wood chips, compost, bark mulch, loam, or stone.

(c)

Campground expansions: Provided such sites satisfy the performance standards set forth in the campground overlay district, up to five new sites may be created in any calendar year as an administrative site plan review. Within 30 days of ruling that the application is a complete application, the town planner and code enforcement officer shall approve, approve with conditions, or deny the application based on criteria set forth in this division 18 and pursuant to section 78-216(d) herein.

(1)

It shall be a condition of such approval that abandoned campsites be restored to a natural condition, and that any new campsites do not adversely impact stormwater watersheds within the property.

(2)

All other campground expansions shall require plenary site plan approval.

(d)

Utility line installation:

(1)

No electrical service line shall be installed without first obtaining all required electrical permits from the municipal building department.

(2)

All new wastewater sewer collectors shall receive permits and be installed in compliance with the Old Orchard Beach Sewer Ordinance. All new campsite risers shall receive permits from the municipal code enforcement officer prior to installation.

(e)

[Plenary site plan review:] Establishment of a new campground shall require plenary site plan review under article IV. In addition to the submissions required by subsection 78-215(c), an application to establish a new campground shall include plans showing the location and width of all roads, the location and boundaries of all service and recreation areas, and the number, dimensions and locations of all campsites identified by type (primitive campsite, RV campsite or seasonal campsite).

(Ord. of 11-5-2003(1), § 10.4.7)

The following activities shall be exempted from site plan review:

(1)

Installation of bark mulch, woodchips, compost and loam for landscaping and play surfaces purposes.

(2)

Regrading, repair and maintenance of internal roadways and parking areas provided facility dimensions are not expanded beyond existing conditions and existing stormwater drainage patterns are not altered.

(3)

Addition of no more than four inches of crushed stone and/ or gravel to existing driveways, parking areas, drainage facilities, and play areas.

(4)

Normal maintenance of any approved and permitted facility.

(5)

The enlargement, conversion or modification of a structure containing less than 500 square feet of new floor area may be allowed by a permit issued by the code enforcement officer.

(6)

Subject to the provisions of this division 18, and provided such changes do not increase the number of sites or overall land area being occupied by such sites, and provided further that the impact of the change is not substantially different from, or greater than, the impact prior thereto, the code enforcement officer may also permit campgrounds to rearrange and upgrade existing sites within the campground. If the code enforcement officer determines that the proposed land or building improvements will, either alone or in combination with other such improvements permitted by the CEO in the prior twelve month period, produce a material adverse community impact with respect to storm water runoff, erosion, sedimentation, sewage disposal, or traffic, the permit for such land or building improvements shall be referred for site plan review under article IV of this chapter.

(Ord. of 11-5-2003(1), § 10.4.8)

The following performance standards shall apply to any campground expansions or campsite upgrades in the campground overlay district, but shall not affect existing conditions, buildings or sites:

(1)

Buffering.

a.

The perimeter of all campgrounds shall be visually-screened from adjacent properties in accordance with the standards of article VIII, division 7 of this zoning ordinance.

b.

Where campgrounds abut a residential property, the boundary and uses along the campground perimeter shall be visually buffered in accordance with the standards of article VIII, division 7 of this zoning ordinance.

c.

With the exception of the main entrance and associated registration building, no campsites, recreation areas, roadways, service areas or other improved areas shall be located within 100 feet of any property line, and the 100-foot buffer shall be kept in a natural vegetated state. The requirements of this subsection 78-1229(1)c. shall apply to all campgrounds established after January 1, 2000 and to extensions of existing campgrounds onto land which was not part of the registered campground approved by the planning board under section 78-1226, but shall not apply to campsite upgrades and campground expansions within a registered campground.

(2)

Signage.

a.

Maximum area: Campgrounds shall be permitted a maximum of 30 square foot of signage within view of a public way. Those campgrounds with entrances on different public streets shall be permitted one 30-square-foot sign per driveway entrance to a maximum of sixty square feet total per campground.

b.

Sign lighting: All proposed signs may be illuminated by one or more shielded external light fixtures affixed to the building, the sign, or uplights emanating from the ground. Internally-lighted signs shall consist of light hue lettering in a dark hue background.

c.

Letterboard: Any proposed letter board visible from a street must be integrated into the overall design of the permitted sign.

d.

Height: No sign shall exceed ten feet in height from the ground.

e.

Within a campground: There is no limit to informational signs within a campground.

(3)

Parking and circulation.

a.

Number of parking spaces:

i.

One off-road parking space shall be provided at each no hookup campsite and RV campsite.

ii.

Two off-road parking spaces shall be provided at each seasonal campsite.

iii.

On-site coin-operated laundry facilities shall provide two parking spaces.

(4)

Internal roadways. All internal roadways in a campground overlay district shall be classified as driveways. Roads designated for one-way traffic shall be a minimum of ten feet wide, and roads designed for two-way travel shall be a minimum of 15 feet wide. In order to preserve the rustic character of the campground setting, driveway surface materials are permitted to remain as gravel or crushed stone, provided that the use of these materials is not determined by the planning board to pose an erosion or sedimentation hazard.

(5)

Lighting.

a.

No Campground lighting of buildings or road shall shed more than 0.1 foot-candles of illumination on any adjacent residential property.

b.

All external lighting shall consist of shielded luminaries or downlights so as not to produces point sources of glare and nuisances to adjacent properties and motorists on nearby streets.

c.

No outdoor lights serving as illumination for athletic fields and located within 100 feet of a residential property shall operate beyond 10:00 p.m.

(6)

Time of operation: Except for storage of unoccupied recreational vehicles, campgrounds shall be open and campsites occupied only from April 1 to October 31 of any calendar year.

(7)

Washrooms and sanitary facilities. All campgrounds shall provide washroom and sanitary facilities in accordance with pertinent provisions of the Old Orchard Beach Ordinance for Campgrounds and Recreational Vehicles (Chapter 18 Division IX) and the most up-to-date State of Maine campground regulations.

(8)

Provision of emergency access.

a.

Emergency vehicular access: A secondary emergency vehicle access point shall be constructed a street within two years of receiving designation as a registered campground. Said emergency access shall consist of a 15-foot wide driveway connecting the internal campground road to a public or private street and shall consist of a gravel or crushed stone surface, access gate fitted security lock system that is operable and accessible to municipal emergency services.

b.

Pedestrian evacuation egress: In those situations where the planning board determines that an emergency vehicular access to a street is infeasible, a registered campground shall install a "pedestrian evacuation egress" within two years of receiving designation as a registered campground. Said pedestrian evacuation egress shall consist of a ten-foot wide path consisting of gravel, bark mulch, or pavement that connects a major driveway or footpath within the campground to an off-site path, sidewalk, or open space and is of suitable gradient and dimension to accommodate the rapid evacuation of pedestrians from the campground in the event of an emergency. The pedestrian evacuation egress shall also be gated to restrict unauthorized access to the campground and shall be outfitted with a security lock system that is operable and accessible by municipal emergency services.

(Ord. of 11-5-2003(1), § 10.4.9; Ord. of 4-21-2009(1))

(a)

The downtown business districts are a category of zoning districts representing the traditional recreational, lodging, commercial, and service areas within proximity to the waterfront serving the needs of the seasonal residents and tourists. All zoning standards governing the downtown business districts are intended to:

(1)

Reinforce the traditional recreational, lodging, retail, and service commercial activities of the areas.

(2)

Promote the expansion of a balanced and broad mix of uses within the districts.

(3)

Encourage business development and infrastructure improvements that expand the tourist season and offer goods and services to the yearround residents.

(4)

Promote compatible design in building infill and rehabilitation that is compatible with public investment in the area and meets the changing expectation of the tourism market.

(b)

Specific districts included under the downtown business district category include the downtown district 1 (DD-1) and the downtown district 2 (DD-2).

(Ord. of 9-18-2001, § 7.0)

(a)

Design review approval required. All proposed building renovations or new building construction within the downtown business districts are required to obtain a design review approval in accordance with article V of this chapter.

(b)

Architectural design standards. All proposed structural renovations, modifications, or new construction proposed within the downtown business districts should conform to the following design guidelines:

(1)

Mass and scale. Mass and scale of all proposed buildings shall be compatible with the surrounding structures or with the local building fabric. Proposed structures should neither be of overpowering mass or scale so as to visually dominate the streetscape to the visual exclusion of other structures, nor should proposed buildings be of such a diminutive size to create visual holes in the street fabric. Structures exposing a broad mass to the street should be visually broken into smaller components compatible with the bulk of surrounding structures through projecting and retreating building lines, vestibules, gable dormers, and varying roof elevations.

(2)

Building heights. In order to maintain the street enclosure of the downtown districts, foster vertical stratification of land uses, and increase the critical mass of the downtown commercial center, all buildings should be a minimum of at least two stories, with three to four stories preferable. If market conditions cannot justify multiple stories, the owner is encouraged to either:

a.

Construct but not finish off the second floor; or

b.

Construct with adequate loadbearing walls and truss roof construction to enable addition of additional floors when market conditions can justify multiple floors.

(3)

Rooflines. Roofs play a critical role in defining the mass and character of a building. Historically, buildings in the downtown area have been constructed with flat roofs or roof pitches in which the facade of the structure is visually dominant and the roofline is subordinate or concealed. Recent rehabilitation has emphasized broad pitching gable-ended and one-story structures that leave voids in the upper story building fabric of the street, and make the building line appear choppy. Roofs should be pitched at a ratio of between 12″/8″ to 12″/12″. Pitches of less than 12″/8″ are encouraged only in hip roof and jerkin head construction. True mansard roofs incorporating the top floor of a structure are encouraged, however false mansard roofs employed as a roof or storefront cornice are to be avoided. Flat roofs are desirable as long as a parapet or a distinctive roof cornice projects above the roof elevation from the pedestrian viewpoint. Proposed structures with gable ends facing the public street or sidewalk shall not be of greater lateral dimension than the width of adjacent structures.

(4)

Fenestration (window and door arrangement). The relationship of voids (windows and doors) to the building facade plays a crucial role in the architectural and visual quality of the structure. The following principles shall govern all reviews of proposed fenestration for building rehabilitation and new construction:

a.

Window and door area should be not less than 25 percent nor more than 66 percent of the facade area facing the public sidewalk.

b.

The arrangement of the windows and doors should provide a visual rhythm in the facade without appearing monotonous.

c.

Window dimensions and construction should be complementary to the architectural character and, where appropriate, the historical period of the structure.

d.

Windows of differing dimensions are encouraged as long as they occupy a logical location of the structure, such as a half-round window at a gable peak, and complement the fenestration pattern.

e.

Ribbon windows and curtain glass walls are specifically discouraged.

f.

Conservatories and sunrooms are positive additions to a structure providing that they are harmoniously integrated into the facade of the building.

(5)

Facade materials. The preferred facade materials are either wood clapboards or cedar shingles. Wood provides the airy atmosphere connotative of traditional New England coastal communities and provides the flexibility to accept changing paint schemes and to integrate architectural treatments and decoration consistent with the downtown's historic features.

a.

Red brick. Red brick is a heavy material more suitable for institutional structures and downtown Portland than for a seaside resort. Red brick may be used as a facade material provided that the entire facade is faced with red brick and visual breaks between floors is created via reveals, protruding cornices, or other architectural treatments. Yellow-chrome bricks are inappropriate materials in the downtown business districts.

b.

Stucco. Stucco is an acceptable facade treatment in the downtown business districts provided that corbels or cornerboards are constructed at the building corners and architectural details outlined in this subdivision are included to diminish the mass of the facade.

c.

Concrete and textured concrete masonry units. Concrete and textured concrete masonry units (CMUs) are visually cold and monolithic facade materials normally unsuitable for the seaside resort atmosphere and character. Unless integral color, architectural details, and mass-reducing treatments are incorporated into the building design, concrete and textured CMUs are strongly discouraged as a facade material.

d.

Vinyl or aluminum siding, T-111 and similar synthetic materials. Vinyl or aluminum siding, T-111, and similar synthetic materials are specifically discouraged on the sidewalk facade of any structure in the downtown business districts.

e.

Glass. Glass curtain wall construction is inappropriate for the downtown business districts. However, sunrooms, conservatories and other distinctive glass elements are encouraged, providing that the glass structures are well integrated into the form and mass of the building and conform to the fenestration requirements of this subsection.

f.

Metal. Metal as a facade material is acceptable for architectural details such as storefront bulkhead panels. However metal skin structures, particularly prefabricated metal structures, should be avoided.

g.

Combination of materials. Facades should be of a single building material with architectural details such as storefront bulkheads, cornices, pilasters, and columns of different materials.

(6)

Architectural details. Much of the character of any building stock and, hence, the public's perception of that district as a unique area is partially determined by the presence of architectural detailing and pedestrian-scale structure. Architectural detailing can be effectively employed as a mitigation measure, reducing building mass or creating visual character on an otherwise mundane structure. Architectural details that are appropriate to the downtown business districts include carved roof brackets, bargeboards, cornices with reveals and moldings, storefront bulkheads with recessed or raised panels, cornerboard corbelling. Pilasters and columns are appropriate for adding some architectural flavor to a bland building facade. Spindles, brackets, finials, and balustrades for porches, railings and roof overhangs are classic details reminiscent of seaside cottages.

(7)

Fences, railings, and steps. Design standards for fences, railings, and steps are as follows:

a.

Fences, steps, and porches should reflect the architectural character, materials, and historic period of the principal structure. Finials, reveals, balustrades, spindles and other decorative elements should be incorporated into the design wherever possible and appropriate.

b.

Freestanding fences visible from the sidewalk or street should be constructed of a durable wood, such as cedar, redwood, or pressure-treated pine, or of metal or combination thereof and in a manner consistent with specifications of the planning board.

c.

All fences and railings should be either painted or stained in white or neutral colors or, where appropriate, in the color of the principal structure.

(Ord. of 9-18-2001, § 7.3.1)

(a)

Provision of new sidewalks and streetscape improvements. Where a nonresidential development or multifamily residential development is constructed abutting an accepted public street in the downtown business districts where no public sidewalk exists, all streetscape improvements shall be constructed as required by the planning board.

(b)

Provision of upgraded streetscape improvements. Where new nonresidential development, multifamily residential development, or building rehabilitation in excess of $150,000.00 abuts a public sidewalk not meeting the specifications of this section located in the downtown business districts, the applicant shall provide all materials necessary to upgrade the sidewalk area prior to the issuance of a certificate of occupancy.

(c)

Scope of improvements. To maintain the visual, functional, and economic continuity throughout the downtown area, all public streets and sidewalks shall meet the following design standards:

(1)

Sidewalks and curbs. Concrete sidewalks with brick elements or brick sidewalks shall be installed as specified by the planning board. Curbs shall be precast concrete or granite depending on the application and the potential damage from snow plowing.

(2)

Lighting. Freestanding streetlamps shall be installed on the reconstructed sidewalks at maximum 100-foot intervals and shall be of type and manufacturer as specified by the planning board. When the property frontage is less than 100 feet or is situated between lamppost locations, the applicant shall contribute funds for the cost of poles proportional to the length of property frontage, as applicable in subsection (b) of this section. These funds shall be deposited into an escrow account held by the town to be used in financing streetscape improvements on the street the property is located.

(3)

Street trees. Street trees shall be installed in accordance with specifications available from the planning department.

(4)

Street furnishings. Selection and installation of street furnishings shall conform to specifications as established by the planning board. Trash receptacles, pedestrian benches, and other furnishings may be required by the planning board under site plan review in article IV of this chapter. The cost of all public street furnishings shall be the exclusive responsibility of the applicant.

(d)

Performance assurances. To meet the streetscape improvement obligations established in this section, an applicant may receive a certificate of occupancy prior to the installation of streetscape improvements, provided that the applicant submits one of the following fully executed performance assurances to the planning board:

(1)

The applicant may deposit the funds necessary to fulfill the obligations of this section in an escrow account held by the town, to be used by the town to complete the required construction work.

(2)

The applicant may provide a letter of credit to and in the name of the town for the full cost of obligations prescribed under this section.

(Ord. of 9-18-2001, § 7.3.2)

(a)

Conformance required. Notwithstanding standards established in division 5 of article VIII of this chapter pertaining to signs, all signs in the downtown business districts shall conform with the following performance standards:

(b)

Materials. All proposed signage shall be constructed of either wood, metal, custom design colored neon tubes, plastic, composite materials, or fabric.

(c)

Lighting. All proposed signs may be illuminated by one or more shielded external light fixtures affixed to the building, the sign, or uplights emanating from the ground. Neon signage shall be permitted. Internally lighted signs shall consist of light hue lettering in a dark hue background. No flashing, rotating, or string lighting shall be allowed. Nonneon light emanating from such fixtures shall be white-colored illumination.

(d)

Area and dimensions. Sign area and dimensions are as follows:

(1)

Sign area. Total aggregate sign area located on the site, displayed on awnings, affixed to the building shall not exceed the following area ratios:

a.

Facade area for each story or floor shall be computed as the height between the floor and the ceiling of a storefront multiplied by the length of the storefront's frontage on a public street.

b.

Sign area is nontransferable between floors of a multistory structure; however, second floor businesses may erect signage on the first floor elevation provided the signage area is no more than one half of the total allowable signage for second floor usage.

(2)

Parking lots. Licensed commercial parking lots shall be permitted a maximum of one square foot of signage for every ten linear feet of lot frontage on a public street to a maximum of 30 square feet.

(3)

Freestanding signs. Freestanding signs shall not exceed the height of the principal building or 15 feet in height, whichever is less, and shall not exceed the allowable square footage. Square footage of signage allocated for the freestanding sign shall be subtracted from the maximum allowable square footage.

(4)

Bonus sign area. Procedures for obtaining bonus sign area are as follows:

a.

Qualifying signage. Additional or bonus sign area may be granted if proposed signage conforms to one or more of the following criteria:

1.

Wood, window, and awning signs. Proposed signs are limited to professional quality carved, painted wood signs; window lettering; and/or cloth awnings of high-quality design composition and construction.

2.

Architectural signage. Signage is harmoniously incorporated into the design and architectural character of the building.

3.

Graphic signage. Custom-designed signage is designed so as to graphically convey the product sold on the premises, the nature or the name of the business, thereby minimizing the amount of lettering required on the signage to a total of eight syllables and/or graphic elements.

4.

Victorian signage. Signage is designed in a Victorian era motif incorporating materials, design, lettering, scrollwork, and other decorative elements customarily associated with signage of the period.

5.

Custom neon and moving signs. Signage consists of custom-designed neon lettering, logo, or graphic character incorporated into a sign of distinctive design. Intermittent-lighted neon depicting a unique moving logo or object may be permitted, such as a juggling clown, provided that:

i.

The moving graphic is appropriate for the character of the surrounding area.

ii.

The relative scale, intensity of illumination, the speed of movement, or orientation of the moving graphic will not distract or impair the vision of motorists.

iii.

Flashing arrows or similar directional signs shall be prohibited.

b.

Bonus area conveyed. Provided the standards in this subsection are met, maximum aggregate signage permitted on any property or storefront may increase as follows:

(Ord. of 9-18-2001, § 7.3.3)

All proposed uses in the downtown business districts shall provide off-street parking in conformance with design standards established in division 4 of article VIII of this chapter and according to the following special provisions:

(1)

Required spaces. All proposed land uses shall provide the following off-street parking facilities on the same parcel as the principal building:

(2)

Off-site parking area. Parking spaces for upper-story residential units and nonresidential uses as required under subsection (1) of this section may be located on any site situated within 500 linear feet of the main entrance to the principal use, provided the owner of record of both the principal use and the off-site parking spaces is the same party.

(3)

Parking lot location. With the exception of parking decks and garages ancillary to an associated permitted use and licensed commercial parking lots, no off-street parking facilities shall be located in the front yard nor in front of the principal building.

(4)

Materials for curb cuts. Where driveway or parking lot curb cuts traverse a public sidewalk, the pavement shall consist of the same material as the existing or proposed public sidewalk for the width of the sidewalk.

(5)

Design standards. All parking lots, parking spaces, loading facilities, and access driveways shall conform to the performance standards specified in division 4 of article VIII of this chapter. Where the performance standards of this section conflict with those of division 4 of article VIII of this chapter, the standards of this section shall prevail.

(Ord. of 9-18-2001, § 7.3.4)

The purpose of the downtown district 1 (DD-1) is to maintain the historical downtown area as the town's principal commercial, service, and entertainment center for yearround residents and seasonal visitors, by promoting increased commercial diversity, vertical stratification of mixed uses, improved infrastructure, and implementation of design standards targeted at creating a visually exciting and harmonious environment attractive to the changing market demands.

(Ord. of 9-18-2001, § 7.1)

Permitted uses in the downtown district 1 (DD-1) shall be classified as follows:

(1)

Primary uses. Primary uses are as follows:

a.

Single-family detached and two-family dwellings.

b.

Multifamily dwellings, provided that all units are located on any floor except sidewalk level.

c.

Accessory buildings, structures, or uses.

d.

Retail uses.

e.

Business/commercial services and professional offices.

f.

Restaurants, sidewalk cafes, and cafes.

g.

Take-out food business.

h.

Movie theaters, playhouses, performing arts centers.

i.

Lodging establishments and convention centers.

j.

Recreational rentals, sales, supplies.

k.

Health clubs, recreational facilities, and bathhouses.

l.

Parking garages, providing the level abutting any public sidewalk or street shall contain retail uses to maintain the commercial continuity of the street.

m.

Service clubs, lodge or fraternal organizations.

n.

Municipal uses.

o.

Community living arrangements.

p.

Accessory dwelling unit (see section 78-1383).

(2)

Complementary uses. Complementary uses are as follows:

a.

Personal services, including laundromats, dry cleaning, tanning salons, and beauty parlors.

b.

Drinking establishments.

c.

Dancehalls and chem-free clubs that serve only nonalcoholic beverages.

d.

Amusement arcades.

e.

Artist and craftsman shops and any manufacturing operations where goods are produced and primarily sold in an on-site retail storefront.

f.

Tattoo parlors.

g.

Rental car parking lots provided that the number of on-site stored automobiles shall not exceed ten vehicles.

(3)

Conditional uses. Conditional uses are as follows:

a.

Public/private utility facility.

b.

Wireless telecommunication facilities: architectural siting only.

c.

Lodging condominium.

d.

Housing opportunity program (see section 78-1272): Affordable housing density bonus or dwelling unit increase allowance.

(Ord. of 9-18-2001, § 7.1.1; Ord. of 10-20-09(2); Ord. of 2-6-2018(1); Ord. of 7-25-2023(2); Ord. of 2-6-2024)

Prohibited uses in the downtown district 1 (DD-1) are as follows:

(1)

Automobile filling stations, automobile sales, service, or repair.

(2)

Fuel storage except that incidental for cooking and heating/cooling of buildings.

(3)

Adult entertainment.

(4)

Truck terminals/motor freight business.

(5)

Storage of contractor's equipment or supplies.

(6)

Trailer and mobile home, commercial boat sales and service.

(7)

Marinas, docking facilities and water related uses.

(Ord. of 9-18-2001, § 7.1.2; Ord. 10-20-09(2))

(a)

Primary uses. Primary uses shall be allowed anywhere within the downtown district 1 (DD-1).

(b)

Complementary uses. Within the downtown district 1 (DD-1), any proposal for a new complementary use, including a proposal to change one complementary use to another, shall be reviewed by the code enforcement officer for compliance with the following distribution requirements:

(1)

No new complementary use shall be established on the sidewalk level of any street if, as a result, the proportion of the street frontage allocated to complementary uses would be more than 40 percent. To determine that percentage, street frontage is measured along the sideline of the street, starting from the centerpoint of the front lot line of the parcel on which the proposed complementary use is located and running in each direction for a distance of 200 feet or to the nearest intersecting street on the same street side as the proposed complementary use, or to the zoning district boundary of the DD-1 district, whichever is less.

(2)

Complementary uses listed in section 78-717(2)d and (2)f shall not be located closer than 200 feet from another similar use, measured in a straight line without regard for intervening structures or objects between the customer entrance of each such use. Where such uses have more than one customer entrance, the 200-foot spacing must be maintained between all such entrances.

(Ord. of 9-18-2001, § 7.1.3; Ord. of 11-5-2003(1), § 7.1.3.2.a.)

(a)

After November 5, 2003, no new drinking establishment shall be located in a building, structure, or area of land which is closer than 400 feet, measured in a straight line without regard to intervening structures or objects, to any other building, structure, or land which is:

(1)

Occupied by a drinking establishment; or

(2)

Occupied by any establishment which serves alcoholic beverages for consumption on the premises.

(b)

No drinking establishment shall be located in a building, structure, or area of land which is closer than 100 feet from the boundary of a residential zoning district.

(c)

Any drinking establishment existing on November 5, 2003 may continue to operate in its existing location provided the owner of the establishment registers with the code enforcement officer on a form specified by the code enforcement officer and establishes to the satisfaction of the code enforcement officer that the establishment was lawfully located or has been deemed legally nonconforming as a drinking establishment as of November 5, 2003. Any establishment which does not so register with the code enforcement officer by May 5, 2004 or which the code enforcement officer determines was not lawfully located as of November 5, 2003 shall not qualify as a lawful nonconforming use under section 78-176, and continued operation shall constitute a violation. A drinking establishment which is allowed to operate pursuant to this section is not eligible for an appeal from restrictions on nonconforming uses under section 78-180.

(d)

Any establishment which serves alcoholic beverages for consumption on the premises must, annually at the time of renewal of its license under chapter 18, article II of this Code, provide information to the code enforcement officer on a form specified by the code enforcement officer demonstrating that the establishment continues to operate in a manner which complies with the spacing requirements of subsection (a) of this section or is allowed to continue in a nonconforming location pursuant to subsection (c) of this section. Any establishment which does not provide such information or which has changed its operation so that it no longer complies with such spacing requirements will be in violation.

(Ord. of 11-5-2003(1), § 7.1.3.3)

_____

Space and bulk requirements in the downtown district 1 (DD-1) are as follows:

*NDD = Net development density

(Ord. of 9-18-2001, § 7.1.4)

_____

The downtown district 2 (DD-2) represents a natural expansion of the DD-1 district into adjacent underutilized parcels for the purpose of increasing the critical mass of commercial space and diversity of goods and services essential to provide for a strong local economy. Since the DD-2 district is both visually and functionally related to the traditional downtown, many of the same uses and design standards of the DD-1 district apply.

(Ord. of 9-18-2001, § 7.2)

Permitted uses in the downtown district 2 (DD-2) shall be classified as follows:

(1)

Primary uses. Primary uses are as follows:

a.

Single-family detached and two-family dwellings.

b.

Multifamily dwellings.

c.

Accessory buildings, structures, or uses.

d.

Retail uses.

e.

Personal services, including laundromats, dry cleaning, tanning salons, and beauty parlors.

f.

Business/commercial services and professional offices.

g.

Restaurants, sidewalk cafes, and cafes.

h.

Movie theaters, playhouses, performing arts centers.

i.

Lodging establishments and convention centers.

j.

Recreational rentals, sales, supplies.

k.

Health clubs, recreational facilities, and bathhouses.

l.

Transportation facilities.

m.

Parking garages, providing the level abutting any public sidewalk or street shall contain retail uses to maintain the commercial continuity of the street.

n.

Service clubs, lodge or fraternal organizations.

o.

Municipal uses.

p.

Boat sales.

q.

Reserved.

r.

Community living arrangements.

s.

Take-out food business.

t.

Accessory dwelling unit (see section 78-1383).

(2)

Complementary uses. Complementary uses are as follows:

a.

Artist and craftsman shops, and any manufacturing operations where goods are produced and primarily sold in an on-site retail storefront.

b.

Commercial parking lots not associated with a principal permitted use.

c.

Valet parking lots.

d.

Rental car parking lots provided that the number of on-site stored automobiles shall not exceed ten vehicles.

e.

Miniature golf course.

f.

Chem-free clubs and nonalcoholic dance facilities.

(3)

Conditional uses. Conditional uses are as follows:

a.

Public/private utility facility.

b.

Wireless telecommunication facilities: architectural siting only.

c.

Lodging condominium.

d.

Housing opportunity program (see section 78-1272): Affordable housing density bonus or dwelling unit increase allowance.

(Ord. of 9-18-2001, § 7.2.1; Ord. of 10-20-09(2); Ord. of 2-6-2018(1); Ord. of 6-21-2022; Ord. of 7-25-2023(2); Ord. of 2-6-2024)

Prohibited uses in the downtown district 2 (DD-2) are as follows:

(1)

Automobile filling stations, automobile sales, service, or repair.

(2)

Fuel storage except that incidental for cooking and heating/cooling of buildings.

(3)

Adult entertainment.

(4)

Truck terminals/motor freight business.

(5)

Food carts, food trucks, drinking establishments, and game arcades.

(6)

Tattoo parlors.

(7)

Storage of contractor's equipment or supplies.

(8)

Recreational trailer and mobile home, commercial boat sales and service.

(9)

Marinas, docking facilities and water related uses.

(Ord. of 9-18-2001, § 7.2.2; Ord. of 10-20-09(2); Ord. of 2-6-2018(1))

(a)

Primary uses. Primary uses shall be allowed anywhere within the downtown district 2 (DD-2).

(b)

Complementary uses. Within the downtown district 2 (DD-2) any proposal for a new complementary use, including a proposal to change one complementary use to another, shall be reviewed by the code enforcement officer for compliance with the following distribution requirements:

(1)

No new complementary use shall be established on the sidewalk level of any street if, as a result, the proportion of the street frontage allocated to complementary uses would be more than 40 percent. To determine that percentage, street frontage is measured along the sideline of the street, starting from the centerpoint of the front lot line of the parcel on which the proposed complementary use is located and running in each direction for a distance of 200 feet or to the nearest intersecting street on the same street side as the proposed complementary use, or to the zoning district boundary of the DD-2 district, whichever is less.

(2)

Complementary uses listed in section 78-747(2) shall not be located closer than 200 feet from another similar use, measured in a straight line without regard for intervening structures or objects between the customer entrance of each such use. Where such uses have more than one customer entrance, the 200-foot spacing must be maintained between all such entrances.

(Ord. of 9-18-2001, § 7.2.3)

_____

Space and bulk requirements in the downtown district 2 (DD-2) are as follows:

(1)

Zoning standards. Zoning standards for residential, mixed use and nonresidential uses are as follows:

*NDD = Net development density

_____

(2)

Nonresidential uses abutting residential districts. Any nonresidential structure abutting any residential district shall maintain a minimum 20-foot setback from the residential property boundary plus ten feet for every additional story over two stories.

(Ord. of 9-18-2001, § 7.2.4)

All land use activities within the shoreland zone shall conform to the performance standards in this division, if applicable. When there is any conflict between these performance standards and the other standards of this chapter, the more restrictive standards shall apply.

(Ord. of 9-18-2001, § 5.12; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

(1)

All new principal and accessory buildings and structures in the shoreland zone shall be set back at least 100 feet, horizontal distance, from streams or tributary streams, as defined by this chapter, or 100 feet, horizontal distance, from the normal high water line of other waterbodies or the upland edge of a wetland or coastal wetland, except that in the general development district the setback from the normal high water line shall be at least 25 feet, horizontal distance. 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.

(2)

In addition, 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.

(3)

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 80 square feet in area nor eight 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.

(4)

All tidal land which is subject to tidal action during the maximum spring tide is coastal wetland. A tributary stream may be perennial or intermittent. Where a tributary stream is present within the shoreland zone, setback standards from that tributary stream are applicable.

(5)

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.

(6)

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 is located outside of a frontal or back dune area as designated by Maine Department of Environmental Protection Sand Dune rules;

(b)

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

(c)

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;

(d)

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;

(e)

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

(f)

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 floodplain soils.

(g)

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

(h)

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;

(7)

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 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.

(Ord. of 9-18-2001, § 5.12.1; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

In the shoreland districts, the following are required for piers, docks, wharves, bridges and other structures and uses extending over or beyond the normal high water line of a waterbody or within a wetland:

(1)

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

(2)

The location shall not interfere with existing developed or natural beach areas.

(3)

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

(4)

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 in non-tidal waters shall not be wider than six feet for non-commercial uses.

(5)

Except for piers existing on May 17, 2011 in the DD-1 and DD-2 districts, 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.

(6)

New permanent piers and docks on non-tidal waters 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.

(7)

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

(8)

Except for piers existing on May 17, 2011 in the DD-1 and DD-2 districts, structures built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high water line of a waterbody or within a wetland shall not exceed 20 feet in height above the pier, wharf, dock or other structure. In the DD-1 and DD-2 districts, structures built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high water line of a waterbody or within a wetland in existence on May 17, 2011, shall not exceed 35 feet in height above the pier, wharf, dock or other structure.

(Ord. of 9-18-2001, § 5.12.2; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval; Ord. of 10-16-2012(2))

All campgrounds located within the shoreland zone shall meet the following additional criteria:

(1)

The areas intended for placement of a recreational vehicle, tent or shelter, and any utility and service buildings or drainage and runoff control features, shall be set back a minimum of 100 feet, horizontal distance, from the normal high-water line of a water bodies, streams, tributary streams, or the upland edge of a wetland.

(2)

Campgrounds in the shoreland zone shall contain a minimum of 5,000 square feet of land, not including roads and driveways, for each site. Land supporting wetland vegetation and land below the normal high water line of a waterbody shall not be included in calculating land area per site.

(Ord. of 9-18-2001, § 5.12.3; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

Notwithstanding article VIII, division 4 of this article, all parking areas in the shoreland zone shall meet the following additional criteria:

(1)

Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the district in which such areas are located. The setback requirement for parking areas serving public boat launching facilities shall be no less than 50 feet, horizontal distance, from the shoreline or tributary stream if the planning board finds that no other reasonable alternative exists further from the shoreline or tributary stream.

(2)

Parking areas shall be adequately sized for the proposed use and shall be designed to prevent stormwater runoff from flowing directly into a waterbody, tributary stream or wetland and, where feasible, to retain all runoff on site.

(3)

In determining the appropriate size of proposed parking facilities, the following shall apply:

a.

Typical parking space: Approximately ten feet wide and 20 feet long, except that parking spaces for a vehicle and boat trailer shall be 40 feet long.

b.

Internal travel aisles: Approximately 20 feet wide.

(Ord. of 9-18-2001, § 5.12.4; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

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

(1)

Roads and driveways shall be set back at least 75 feet, horizontal distance, from the normal high water line of waterbodies, 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 requirements to no less than 50 feet upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the waterbody, 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 waterbody, tributary stream, or wetland.

On slopes of greater than 20 percent, the road and/or driveway setback shall be increased by ten feet for each five percent increase in slope above 20 percent.

This subsection does not apply to approaches to water crossings or to roads or driveways that provide access to permitted structures and facilities located nearer to the shoreline or tributary stream 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 their setback from a waterbody, tributary stream or wetland.

(3)

New roads and driveways are prohibited in the shoreland 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 shoreland 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 waterbody, 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 article VIII, division 7 of this chapter.

(5)

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

(6)

In order to prevent road and driveway surface drainage from directly entering waterbodies, tributary streams or 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 waterbody, 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 assure effective functioning.

(Ord. of 9-18-2001, § 5.12.5; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

Notwithstanding those standards in article VIII, division 5 of this chapter, the following shall govern the use of signs in the following shoreland zone subdistricts: Resource protection, stream protection, shoreland residential activity and limited commercial:

(1)

Signs relating to goods and services sold on the premises shall be allowed, provided that such signs shall not exceed six square feet in area and shall not exceed two signs per premises. In the limited commercial district, however, such signs shall not exceed 16 square feet in area. Signs relating to goods or services not sold or rendered on the premises shall be prohibited.

(2)

Name signs are allowed, provided such signs shall not exceed two signs per premises and shall not exceed 12 square feet in the aggregate.

(3)

Residential users may display a single sign not over three square feet in area relating to the sale, rental, or lease of the premises for the period in which the property is for sale, lease or rent.

(4)

Signs relating to trespassing and hunting shall be allowed without restriction as to number, provided that no such sign shall exceed two square feet in area.

(5)

Signs relating to public safety shall be allowed without restriction.

(6)

No sign shall extend higher than six feet above the ground.

(7)

Signs may be illuminated only by shielded, nonflashing lights. Illumination of signs shall be from an exterior source mounted on the ground in such a manner that point-source glare does not impact adjacent properties or motorists.

(Ord. of 9-18-2001, § 5.12.6; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

(a)

All new construction and development in the shoreland districts shall be designed to minimize stormwater runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas, shall be retained in order to reduce runoff and encourage infiltration of stormwaters.

(b)

Stormwater runoff control systems shall be maintained as necessary to ensure proper functioning.

(Ord. of 9-18-2001, § 5.12.7; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

(a)

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

(b)

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

(c)

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

(Ord. of 9-18-2001, § 5.12.8; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

(a)

All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules, and the following: a) clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions, shall not extend closer than 75 feet, horizontal distance, from the normal high-water line of a water body or the upland edge of a wetland and b) a holding tank is not allowed for a first-time residential use in the shoreland zone.

(b)

The Maine Subsurface Wastewater Disposal Rules require new systems, excluding fill extensions, to be constructed no less than 100 horizontal feet from the normal high-water line of a perennial water body. The minimum setback distance for a new subsurface disposal system may not be reduced by variance.

(Ord. of 9-18-2001, § 5.12.9; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

(a)

All spreading of manure in the shoreland districts 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. sections 4201-4209).

(b)

Manure shall not be stored or stockpiled within 100 feet, horizontal distance, of a great pond classified GPA or a river flowing to a great pond classified GPA, or within 75 feet horizontal distance, of other water bodies, tributary streams, or 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.

(c)

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 said plan shall be considered to be a violation of this chapter.

(d)

There shall be no new tilling of soil within 100 feet, horizontal distance, of the normal high water line of a great pond classified GPA; within 75 feet, horizontal distance, of other waterbodies and coastal wetlands; nor within 25 feet, horizontal distance, of tributary streams and freshwater wetlands. Operations in existence on the effective date of this chapter and not in conformance with this provision may be maintained.

(e)

Newly established livestock grazing areas shall not be permitted within 100 feet, horizontal distance, of the normal high water line of a great pond classified GPA; within 75 feet, horizontal distance, of other waterbodies and coastal wetlands; 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 that such grazing is conducted in accordance with a conservation plan.

(Ord. of 9-18-2001, § 5.12.10; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

The following standards shall govern timber harvesting within the shoreland zone:

(1)

Selective cutting of no more than 40 percent of the total volume of trees four inches or more in diameter measured at four and one-half feet above ground level on any lot in any ten-year period is permitted. In addition:

a.

Within 75 feet, horizontal distance, of the normal high water line of other waterbodies, tributary streams, or the upland edge of a wetland, there shall be no clear-cut openings, and a well-distributed stand of trees and other vegetation, including existing ground cover, shall be maintained.

b.

At distances greater than 75 feet, horizontal distance, of the normal high water line of other waterbodies or the upland edge of a wetland, harvesting operations shall not create single clear-cut openings greater than 10,000 square feet in the forest canopy. Where such openings exceed 5,000 square feet, they shall be at least 100 feet, horizontal distance, apart. Such clear-cut openings shall be included in the calculation of total volume removal. Volume may be considered to be equivalent to basal area.

(2)

No accumulation of slash shall be left within 50 feet, horizontal distance, of the normal high water line of a waterbody. In all other areas, slash shall either be removed or disposed of in such a manner that it lies on the ground and no part thereof extends more than four feet above the ground. Any debris that falls below the normal high water line of a waterbody or tributary stream shall be removed.

(3)

Timber harvesting equipment shall not use stream channels as travel routes, except when:

a.

Surface waters are frozen: and

b.

The activity will not result in any ground disturbance.

(4)

All crossings of flowing water shall require a bridge or culvert, except in areas with low banks and channel beds which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged.

(5)

Skid trail approaches to water crossings shall be located and designed so as to prevent water runoff from directly entering the waterbody or tributary stream. Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil revegetated.

(6)

Except for water crossings, skid trails and other sites where the operation of machinery used in timber harvesting results in the exposure of mineral soil, roads shall be located such that an unscarified strip of vegetation of at least 75 feet, horizontal distance, in width for slopes up to ten percent shall be retained between the exposed mineral soil and the normal high water line of a waterbody or upland edge of a wetland. For each ten percent increase in slope, the unspecified strip shall be increased by 20 feet, horizontal distance. The provisions of this paragraph apply only to a face sloping toward the waterbody or wetland; provided, however, that no portion of such exposed mineral soil on a back face shall be closer than 25 feet, horizontal distance, from the normal high water line of a waterbody or upland edge of a wetland.

(Ord. of 9-18-2001, § 5.12.11; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

(a)

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

(b)

In all other portions of the shoreland zone, and except to allow for the development of permitted uses, within a strip of land extending 75 feet, horizontal distance, from a waterbody, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:

(1)

There shall be no cleared opening greater than 250 square feet in the forest canopy (or other existing woody vegetation if a forested 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 allowed, provided that a cleared line of sight to the water through the buffer strip is not created.

(2)

Selective cutting of trees within the buffer strip is allowed, provided that a well-distributed stand of trees and other natural vegetation is maintained. For the purposes of this subsection, a "well-distributed stand of trees and other vegetation" shall be defined as maintaining a rating score of 16 or more in any 25-foot by 50-foot rectangular area as determined by the following rating system:

The following shall govern in applying this point system:

(i)

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

(ii)

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

(iii)

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

(iv)

Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by this chapter;

(v)

Where conditions permit, no more than 50 percent 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 subsection (2) above "other natural vegetation" is defined as retaining 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.

Notwithstanding the requirements of this subsection, no more than 40 percent of the total volume of trees four inches or more in diameter, measured at four and one-half feet above ground level, may be removed in any ten-year period.

(3)

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 section 78-1213(b)(1) above.

(4)

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

(5)

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.

This subsection shall not apply to those portions of public recreational facilities adjacent to public swimming areas as long as cleared areas are limited to the minimum area necessary.

(6)

At distances greater than 75 feet, horizontal distance, from the normal high water line of any other waterbody, tributary stream, or the upland edge of a wetland, there shall be allowed 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.

(7)

In no event shall cleared openings for development, including but not limited to principal and accessory structures, driveways and sewage disposal areas, exceed in the aggregate 25 percent of the lot area or 10,000 square feet, whichever is greater, including land previously developed. This shall not apply to shoreland zone subdistricts in the BRD, GB-1, GB-2, AO, DD-1, DD-2 and NC districts.

(8)

Legally existing nonconforming cleared openings may be maintained, but shall not be enlarged, except as allowed by this chapter.

(9)

Fields and other cleared opening which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under this section.

(Ord. of 9-18-2001, § 5.12.12; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

No activity in the shoreland districts 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 waterbody, tributary stream or wetland.

(Ord. of 9-18-2001, § 5.12.13; Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

(1)

All activities which involve filling, grading, excavation or other similar activities which result in unstabilized soil conditions and which require a permit shall also require a written soil erosion and sedimentation control plan. The plan shall be submitted to the permitting authority for approval and shall include, where applicable, provisions for:

(a)

Mulching and revegetation of disturbed soil.

(b)

Temporary runoff control features such as hay bales, silt fencing or diversion ditches.

(c)

Permanent stabilization structures such as retaining walls or rip-rap.

(2)

In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.

(3)

Erosion and sedimentation control measures shall apply to all aspects of the proposed project involving land disturbance, and shall be in operation during all stages of the activity. The amount of exposed soil at every phase of construction shall be minimized to reduce the potential for erosion.

(4)

Any exposed ground area shall be temporarily or permanently stabilized within one week from the time it was last actively worked, by use of riprap, sod, seed, and mulch, or other effective measures. In all cases permanent stabilization shall occur within nine months of the initial date of exposure. In addition:

(a)

Where mulch is used, it shall be applied at a rate of at least one bale per 500 square feet and shall be maintained until a catch of vegetation is established.

(b)

Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover.

(c)

Additional measures shall be taken where necessary in order to avoid siltation into the water. Such measures may include the use of staked hay bales and/or silt fences.

(5)

Natural and man-made drainage ways and drainage outlets shall be protected from erosion from water flowing through them. Drainageways shall be designed and constructed in order to carry water from a 25-year storm or greater, and shall be stabilized with vegetation or lined with riprap.

(Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report based on an on-site investigation and be prepared by state-certified professionals. Certified persons may include Maine Certified Soil Scientists, Maine Registered Professional Engineers, Maine State Certified Geologists and other persons who have training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum ground water elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.

(Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

Any proposed land use activity 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 Maine 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.

(Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)

As used in this division and applied in the shoreland zone and its subdistricts, the terms listed below have meanings set forth below, whether or not such terms are otherwise defined elsewhere in this chapter. Terms not listed below have the same meanings as in section 78-1 of this chapter.

Basement means any portion of a structure with a floor-to-ceiling height of 6 feet or more and having more than 50 percent of its volume below the existing ground level.

Commercial use means the use of lands, buildings, or structures, other than a "home occupation," the intent and result of which activity is the production of income from the buying and selling of goods and/or services, exclusive of rental of residential buildings and/or dwelling units.

Driveway means a vehicular access-way less than 500 feet in length serving two single-family dwellings or one two-family dwelling, or less.

Expansion of a use means the addition of one or more months to a use's operating season; or the use of more floor area or ground area devoted to a particular use.

Foundation means the supporting substructure of a building or other structure, excluding wooden sills and post supports, but including basements, slabs, frost walls or other base consisting of concrete, block, brick or similar material.

Height of a structure means the vertical distance between the mean original (prior to construction) grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, steeples, antennas and similar appurtenances that have no floor area.

Increase in nonconformity of a structure means any change in a structure or property which causes further deviation from the dimensional standard(s) creating the nonconformity such as, but not limited to, reduction in water body, tributary stream or wetland setback distance, increase in lot coverage, or increase in height of a structure. Property changes or structure expansions which either meet the dimensional standard or which cause no further increase in the linear extent of nonconformance of the existing structure shall not be considered to increase nonconformity. For example, there is no increase in nonconformity with the setback requirement for water bodies, wetlands, or tributary streams if the expansion extends no further into the required setback area than does any portion of the existing nonconforming structure. Hence, a structure may be expanded laterally provided that the expansion extends no closer to the water body, tributary stream, or wetland than the closest portion of the existing structure from that water body, tributary stream, or wetland. Included in this allowance are expansions which in-fill irregularly shaped structures.

Industrial means the assembling, fabrication, finishing, manufacturing, packaging or processing of goods, or the extraction of minerals.

Institutional means a non-profit or quasi-public use, or institution such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land used for public purposes.

Lot coverage means the total footprint area of all structures, parking lots and other nonvegetated surfaces within the shoreland zone.

Lot width means the closest distance between the side lot lines of a lot. When only two lot lines extend into the shoreland zone, both lot lines shall be considered to be side lot lines.

Public park means a tract of land owned by the Town of Old Orchard Beach and available to the general public for recreational purposes.

Residential dwelling unit means a room or group of rooms designed and equipped exclusively for use as permanent, seasonal or temporary living quarters for only one family at a time, and containing cooking, sleeping and toilet facilities. The term shall include mobile homes and rental units that contain cooking, sleeping and toilet facilities regardless of the time period rented. Recreational vehicles are not residential dwelling units.

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 with a fixed location on or in the ground, exclusive of fences, and poles, wiring and other aerial equipment normally associated with service drops as well as guying and guy anchors. The term includes structures temporarily or permanently located, such as decks, patios, and satellite dishes.

(Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)