For the purpose of this ordinance, the Town of Orono is divided into the following districts:

(Ord. No. 00-38, § 4.1, 3-13-00; Ord. No. 01-188, 10-15-01; Ord. No. 10-45, 3-8-10)

The location and boundaries of the above districts are hereby established as shown in the official zoning map for the Town of Orono titled "Townwide Zoning Map," adoption date February 12, 2018, effective date March 14, 2018, filed with the Town Clerk, which map is hereby made part of this ordinance.

Shoreland districts, as shown on the "Shoreland Zone Overlay Map" and as defined in article IX, section 18-272, are intended to be an overlay and supplement to the town-wide districts listed in section 18-101, and are subject to the provisions of article IX of this chapter, in addition to the provisions of the town-wide district in which they are located. Accordingly, any property located in a shoreland district as shown on the "Shoreland Zone Overlay Map" is also deemed to be located in the town-wide district shown on the "Townwide Zoning Map". The "Shoreland Zone Overlay Map" is part of and incorporated into the official zoning map for the Town of Orono titled "Townwide Zoning Map." Unless otherwise stated, within the shoreland areas the stricter provision of the shoreland district or the town-wide district shall govern.

(Ord. No. 00-38, § 4.2, 3-13-00; Ord. No. 01-188, 10-15-01; Ord. No. 10-121, 6-14-10; Ord. No. 18-21, 2-12-18)

The official zoning map shall be located in the Town Clerk's office and shall be the final authority as to the current zoning status of the land and water areas, buildings and other structures in the town.

(Ord. No. 00-38, § 4.3, 3-13-00)

Zoning district boundaries shown within the lines of roads, streams and transportation rights-of-way shall be deemed to follow the centerlines. The location of roads shall not affect the location of such district boundaries. When the Code Enforcement Officer cannot definitely determine the location of a district boundary by such centerlines, by the scale of dimensions stated on the zoning map, or by the fact that it clearly coincides with a property line, the officer shall refuse action, and the Board of Appeals, upon appeal, shall interpret the location of the district boundary with reference to the scale of the zoning map and the purposes set forth in all relevant provisions of this chapter.

(Ord. No. 00-38, § 4.4, 3-13-00)

(a)

Forestry and Agriculture District. The Forestry and Agriculture District (F&A) is limited to agricultural, forestry and certain other nonintensive uses. Low-density residential and related uses are permitted as consistent with the Comprehensive Plan. The purpose of this district is to primarily prevent premature development of land where there are basically no public water and sewer utilities, and where the extension of such facilities is not feasible, to retain certain areas for nonintensive uses, to prevent development where it would be a burden on the Town, and to retain areas for open space, such as natural water bodies or land suitable for support of natural plant cover, or land designed for recreational use.

(b)

Low-Density Residential District. The Low Density Residential District (LDR) is designated for land where central water and sewer facilities are generally unavailable, but the land is close enough to the in-town area that other municipal services are easily accessible, and soils and other natural conditions enable the area to accommodate residential growth. The district is intended to accommodate a mixture of residential uses, open space uses, and rural uses compatible with a low-density residential environment.

(c)

Medium-Density Residential District. The Medium-Density Residential District (MDR) is designated for land where central water and sewer facilities are available or where the installation of these facilities is feasible. Residential and other compatible and complementing uses are permitted in this district at densities dependent upon utility service available. This district is intended to house the majority of the town's permanent residents in areas and at densities consistent with the utilities.

(d)

Gateway Medium-Density Residential District. The Gateway Medium-Density Residential District (GMDR) is designated for a portion of the southern entry into Orono between Route 2 and the Penobscot River where public services are accessible but the scenic character of woodlands, fields, open space uses and vistas are largely intact. The objective is to balance compatible development with the scenic character of this gateway into the town.

(e)

High-Density Residential District. The High-Density Residential District (HDR) is designed for land centrally located where water and sewer facilities are available or readily available. Due to reasons of utilities, location, existing intensive development and Comprehensive Plan goals, higher density is appropriate. The purpose of this district is to permit a continuation and expansion of residential and related uses when consistent with the objectives of the Comprehensive Plan.

(f)

Village Commercial District. The Village Commercial District (VC) presently consists of retail businesses, service businesses, restaurants, single-family dwellings and multifamily dwellings that occupy buildings which are similar in size, proportion and style reminiscent of small town 19th and 20th century architecture and traditional neighborhood development. The purpose of this district is to strongly encourage the use of existing buildings and allows new commercial or residential ventures either in existing buildings or in new structures that are similar in size, style and proportion to those which are currently in the district. Off-street parking requirements are flexible, and apply primarily to the periphery of the existing commercial portion of the downtown.

(g)

Commercial-1 District. The purpose of the Commercial-1 (C-1) District is to provide for a mix of large scale and smaller commercial and light industrial establishments. Development in the C-1 zone in the vicinity of Exit 193 is intended to encourage development which would contribute significantly to the Town's tax base and create positive visual impacts including attractive architecture and landscaping.

(h)

Commercial-2 District. The purpose of the Commercial-2 (C-2) District is to allow a mix of residential and compatible small-scale commercial and residential establishments.

(i)

Economic Development Zone. The purpose of the Economic Development Zone (EDZ) is to allow light industry, office buildings, research and development, residential uses compatible with and potentially providing nearby housing for employees in the non-residential uses, and forestry and agriculture, utilizing buffering standards to protect adjacent residential properties. The intent of the district is to encourage development which would contribute significantly to the Town's tax base and create positive visual impacts including attractive architecture and landscaping.

(j)

University District. The University District (UNIV) is intended to apply to university land, to allow university-related development, and provide for Town review of University Development which impacts Orono's services, infrastructure or residential areas.

(k)

Resource Protection District. The Resource Protection District (RP) is designed to control the use of the most vulnerable shoreland areas and other areas in which land uses would adversely affect water quality, productive habitat, biological systems, or scenic and natural values. This district includes areas such as wetlands, floodplains and excessively steep slopes, which are generally unsuitable for intensive development.

(l)

Industrial District. The Industrial District (IND) is designed for providing space for existing industries and their expansion and future industrial development. For new development the primary intent is to encourage high-value industrial installations.

(m)

Shoreland Districts. The Shoreland Districts are intended to comply with the Mandatory Shoreland Zoning Act, Title 38 M.R.S.A. §§ 435—449 (see article XI).

(Ord. No. 00-38, § 4.5, 3-13-00; Ord. No. 01-188, 10-15-01; Ord. No. 10-45, 3-8-10; Ord. No. 16-195, 11-14-16)

(a)

Activity categories. Land uses permitted in the Town's Zoning Districts, in conformance with the performance standards contained in article V, are shown in a matrix in section 18-106(e). The various land uses contained in the matrix are organized into the following activity classifications:

Open Space

Residential

Commercial

Industrial

Institutional

Miscellaneous

(b)

Symbols used in schedule of uses. The following symbols contained in the schedule of uses have the following meanings:

(1)

District symbols.

(2)

Permit required symbols.

(c)

Uses which are not listed in the schedule of uses.

(1)

Certain uses are allowed without a permit. These include:

a.

The raising of agricultural crops.

b.

The harvest or removal of trees. For commercial timber harvesting a state permit is required.

c.

The excavation of less than 20 cubic yards of material in a calendar year. Permits are required for more than 20 cubic yards.

(2)

Proposed uses in the University District and Economic Development District shall be subject to the following:

a.

If such proposed uses are similar to uses requiring a Code Enforcement Officer permit or site plan review and approval of the Code Enforcement Officer, as determined by the Planning Board, they may be permitted by the Planning Board under the site plan review provision of this ordinance.

b.

If such proposed uses are similar to prohibited uses, as determined by the Planning Board, such uses shall be prohibited.

In determining similarity of uses, the Planning Board shall consider the following factors: size and appearance, impact on abutting properties, scale of operations, traffic, environmental impacts, the purposes of the district, and compliance with the provisions of all Town codes and ordinances. In no case shall this provision be used to permit a prohibited use, or to permit a use which does not comply with all dimensional requirements and performance standards of this ordinance.

(d)

Compliance with performance standards. All uses which are permitted must occur and be maintained in compliance with the applicable requirements of the performance standards listed in article V.

(e)

Schedule of uses.

Footnotes to Schedule of Land Uses

¹

Code Enforcement Officer permit if principal use is P (permitted) and Planning Board permit is principal use is S (subject to site plan review).

²

Subject to specific standards of this ordinance.

³

P/S applicable to the University District—If the use is within 500 feet of College Avenue or the University District boundary (S) site plan review is required. If use is more than 500 feet within the University District boundary (P) a permit from the Code Enforcement Officer is required.

⁴

Only in that portion of the Forestry and Agriculture District west of the interstate as well as expansion of existing mobile home parks.

⁵

Only in clustered developments.

⁶

Except those listed as requiring site plan review.

⁷

May exceed ten trucks per day.

⁸

Use limited to the west side of I-95.

⁹

If the proposed use is in an existing or new accessory structure, the accessory structure must be at least 15 feet from the rear and side property lines of the lot on which it is located and at least 20 feet total from the nearest structure with living quarters on any adjacent lot at the time the accessory structure is put into such use. An existing accessory structure that does not contain a homestay or bed and breakfast rooming unit as of November 14, 2016, and is located closer than these distances may not be used for a homestay or bed and breakfast rooming unit. See also note 10.

¹⁰

In the MDR and GMDR zoning districts, unless otherwise specified in an applicable overlay zoning district, a bed and breakfast is allowed with Planning Board approval only on lots located on U.S. Routes 2 and 2A, State Route 16, and Kelley Road, and provided that the lot has at least 75 feet of frontage on one of these roads and that the structure in which the bed and breakfast is located meets the minimum side yard and rear yard setback requirements of the district. See also note 9.

¹¹

Home offices and home workshops do not require permits but must register with the Code Enforcement Office.

¹²

In the MDR and GMDR zoning districts, unless otherwise specified in an applicable overlay zoning district, use is allowed only on lots located on U.S. Routes 2 and 2A, State Route 16, and Kelley Road, and provided that the lot has at least 75 feet of frontage on one of these roads and that the structure in which the use is located meets the minimum side yard and rear yard setback requirements of the district.

¹³

East of I-95 only.

¹⁴

West of I-95 only. See also applicable performance standards at section 18-124 for the keeping of barnyard animals.

¹⁵

Except that earth-moving activities, as defined by Article II, within 500' of the boundaries of the zoning district or which would create a final that is 2:1 or steeper (regardless of proximity to the UNIV zoning district boundary) are subject to the performance standards outlined in section 18-130 (including Site Plan review by the Planning Board).

(f)

Schedule of dimensional requirements. All structures and uses shall meet or exceed the following minimum dimensional requirements. Numerals adjacent to some dimensional requirements refer to notes at the end of the schedule which contain additional requirements.

Footnotes to Schedule of Dimensional Requirements

⁽¹⁾

Accessory building of one story may be built no closer than five feet to the rear lot line, except that any accessory building used as an accessory dwelling unit shall meet the regular base requirement for minimum rear yard depth.

⁽²⁾

Maximum net density for efficiency apartments shall be 6,300 square feet for the first unit and 1,300 square feet for each additional unit.

⁽³⁾

Water and sewer connections are required in the VC District, and University District.

⁽⁴⁾

See section 18-136 for dimensional standards that apply to clustered developments in the MDR, LDR, C-2, and EDZ Districts.

⁽⁵⁾

No side yard shall be required where a principal building is to share a common wall with a building on an adjacent lot.

⁽⁶⁾

Fences and equipment or structures necessary for making a building accessible to persons with disabilities are not required to meet setback requirements.

⁽⁷⁾

The first residential dwelling unit is permitted with a commercial use. Additional residential dwelling units must meet the minimum lot area per family (net density) standard.

⁽⁸⁾

From public streets College Avenue and Park Street.

⁽⁹⁾

May be increased to 50 feet under site plan review.

⁽¹⁰⁾

Not withstanding the above requirements, the lot requirement for an essential service building shall be a maximum area of 2,500 sq. ft. Details are in section 18-146.

⁽¹¹⁾

Within the Forestry and Agriculture District, lots within subdivisions must be clustered according to the terms of section 18-136.

⁽¹²⁾

Within the GMDR District:

(a)

The dimensional requirements for individual lots outside of subdivisions shall be the same as those for lots within the MDR District, except that structures on individual lots that are not part of subdivisions approved after April 7, 2010, shall have a minimum front yard depth of 50 feet from the Route 2 right-of-way property line.

(b)

All lots created as part of subdivisions approved after April 7, 2010, shall be clustered according to the terms of section 18-136 for clustered development within an MDR District. No subdivision lot on which a structure will be built may be closer than 200 feet from the Route 2 right-of-way property line.

(c)

Principal structures existing as of April 7, 2010, may be expanded, and structures accessory to these principal structures may be built or expanded, according to the dimensional requirements for lots within the MDR District.

⁽¹³⁾

Certain dimensional standards relating to the depths of front yards and building height of structures on lots in the C-2 District with frontage along Park Street (Route 2) shall be governed by section 18-128(b), Design guidelines. Among other things, these standards specify a maximum front yard depth as well as a minimum front yard depth.

(Ord. No. 00-38, § 4.6, 3-13-00; Ord. No. 00-173, 7-10-00; Ord. No. 01-05, 1-8-01; Ord. No. 02-98, 6-10-02; Ord. No. 03-11, 1-13-03; Ord. No. 03-46, 4-14-03; Ord. No. 06-38, 3-13-06, 4-12-06; Ord. No. 08-09, 1-16-08; Ord. No. 10-45, 3-8-10; Ord. No. 16-193, 11-14-16; Ord. No. 16-194, 11-14-16; Ord. No. 16-195, 11-14-16; Ord. No. 16-207, 12-12-16; Ord. No. 17-77, 5-8-17; Ord. No. 17-78, 5-8-17; Ord. No. 17-169, 9-11-17; Ord. No. 19-25, § 4, 2-11-19; Ord. No. 19-185, § 1, 10-21-19, eff. 11-20-19; Ord. No. 20-22, § 2, 2-10-20, eff. 3-11-20; Ord. No. 20-179, § 2, 3-9-21, eff. 4-8-21; Ord. No. 21-130, § 1, 7-12-21; Ord. No. 21-132, § 2, 7-12-21; Ord. No. 21-204, § 1, 11-8-21; Ord. No. 22-15, § 2, 1-10-22; Ord. No. 22-201, § 1, 10-17-22, eff. 11-16-22; Ord. No. 23-167, § 1, 9-11-23, eff. 10-11-23; Ord. No. 23-243, § 2, 12-11-23, eff. 1-10-24; Ord. No. 24-238, § 1, 10-21-24, eff. 11-30-24)

The following conditional use district is enacted pursuant to section 18-7.

(a)

Webster Mill High-Density Residential District: This district is designated for the property identified as Tax Map 28-1, Lot 35, on Orono Tax Maps dated April 1, 2010.

(1)

Purpose: In addition to the purpose set forth for the High-Density Residential District, the purpose of the Webster Mill HDR District is to enable the redevelopment of the former Webster Mill property located at 5 Shore Drive, Tax Map 28-1, Lot 35, in a manner that returns the property to productive use, provides for additional housing choices within the town, takes into account the environmental limitations of the property, and provides for permanent public access to views of the Penobscot River or Stillwater Branch and for passive recreational use.

(2)

Permitted uses: The following uses shall be allowed:

(3)

Prohibited uses: Uses not listed as permitted uses shall be prohibited in the Webster Mill HDR District.

(4)

Schedule of dimensional requirements: All structures and uses shall meet or exceed the dimensional requirements of the HDR District set forth in section 18-106(f) or, within the shoreland area, of the Shoreland General Development District set forth in section 18-274, except as follows:

(5)

Conceptual plan: The developer of the property located within the Webster Mill HDR District has submitted to the Town Council a conceptual plan dated August 31, 2010, prepared by CES, Inc., for the redevelopment of the property, a copy of which conceptual plan is on file in the office of the Town Clerk. Said conceptual plan is hereby incorporated herein by reference, and shall be considered a material part of this District, subject to such modifications and limitations as the Planning Board may deem necessary to comply with the standards of article VI, site plan review, and article VII, subdivision review, of this ordinance.

(6)

Public access: Permanent public access to viewing points of the Penobscot River and the Stillwater Branch shall be provided by permanent easement or easements running to the Town of Orono along one or more paths in a location and of a design to be proposed by the developer and approved by the Town Council.

(7)

Performance standards:

a.

Shoreland area: Development within the shoreland area shall conform to the land use standards in section 18-274, except as explicitly modified by the terms of the Webster Mill HDR District.

b.

General performance standards: Development within the Webster Mill HDR District shall conform to the performance standards in article V and article VII, section 18-210, of this chapter, except as explicitly modified by the terms of this district.

i.

Notwithstanding section 18-135 to the contrary, there shall be two off-street parking spaces per dwelling unit, plus a maximum of five parking spaces for visitors of the dwelling units and only such additional off-street parking as may be provided for public access to the river path required in paragraph (6) above.

ii.

Ingress to and egress from the property:

1.

Provided that the use of the property within the Webster Mill HDR District remains as a single lot in single ownership (allowing, however, individual condominium unit sales), including the ownership of a homeowners association under the Maine Condominium Act, the 50-foot width of Shore Drive in its existing configuration may serve as frontage for the property. The development shall provide for the reconstruction of Shore Drive, at developer's sole cost, from North Main Street to the front property line of 5 Shore Drive. Access from Shore Drive into and through the property shall be a driveway of dimensions to be determined as part of subdivision and site plan review by the Planning Board, but no less than 20 feet in width, and shall be privately owned and maintained by the property owner. An easement for a "T" or similar turnaround by public vehicles shall be reserved by or granted to the town if required by the Planning Board during subdivision and site plan review of the project.

2.

If the property is divided into two or more lots, Shore Drive shall be extended by the developer and dedicated to the town as a town way to provide the required frontage for each lot.

iii.

Buffer: In addition to any required buffers in shoreland areas, a vegetated buffer of 25 feet shall be maintained between any structure in the Webster Mill HDR District and the property line of adjacent lots in residential use as of the effective date of this district.

c.

Occupancy:

i.

Upon the development of the property within the Webster Mill HDR District, it shall be organized as a condominium under 33 M.R.S.A Chapter 31, Maine Condominium Act.

ii.

To the extent allowed by law, a dwelling unit may be occupied only by a family, which, notwithstanding section 18-31 to the contrary, for purposes of the Webster Mill HDR District shall be defined as either (a) one or more legally related persons or (b) two unrelated people and any children legally related to either of them. The declaration associated with the condominium shall incorporate this provision and definition by reference.

(8)

Contribution to certain public capital improvements:

a.

Road and sidewalk improvements: Upon completion of the development of the property in the Webster Mill HDR District or portion thereof, as indicated by the issuance of a certificate of occupancy, the development shall, over a period of 15 years beginning on the date of such issuance, contribute a proportional share of the cost of upgrading, including overlaying and reconstructing, the following streets and sidewalks serving the greater Webster neighborhood and which residents of the development will commonly use for passage: North Main Avenue, Penobscot Street, Crosby Street, Pierce Street, Peters Street, Pond Street, and Hillside Road; provided such costs are within the definition of "Project Costs" set forth in 30-A M.R.S.A § 5249(1)(B). The proportional share shall be calculated by dividing the number of dwelling units in the development by the total number of dwelling units fronting and with addresses on these streets.

b.

Sewer system improvements: Upon completion of the development of the property in the Webster Mill HDR District or portion thereof, as indicated by the issuance of a certificate of occupancy, the development shall, over a period of 15 years beginning on the date of such issuance, contribute a proportional share of the cost of upgrading and repairing certain sewerage facilities that serve the development, namely the Penobscot Street pump station, the force main between the pump station and a siphon structure and related pipe that convey wastewater across the Stillwater River and to the wastewater treatment facility, and the wastewater treatment facility itself. The proportional share shall be calculated based on the volume of wastewater generated by the development compared with the total volume utilizing these facilities.

c.

Funding of contributions through an affordable housing TIF: If an affordable housing tax increment financing district (TIF) is established by the Town and approved by the Maine State Housing Authority for the Webster Mill HDR District, the Town Council shall waive the required contributions under paragraphs a. and b. and use property taxes generated by the development of the property and specifically available for these public improvement purposes according to a development program approved by the Maine State Housing Authority. Use of such tax increment financing payments shall replace and fully satisfy the development's obligations under paragraphs a. and b. above; provided, however, this waiver shall not apply to other normal fees required of new development, including, without limitation, the sewer connection fee required in section 36-35(f) of the ordinances of the Town of Orono.

d.

Site plan and subdivision review: Development within the Webster Mill HDR District shall be subject to approval by the Planning Board pursuant to article VI, site plan review, and article VII, subdivision review.

(Ord. No. 10-232, 12-13-10)

In all districts except the Village Commercial (VC) and High-Density Residential (HDR) Districts structures may not cover more than one-third of the lot. In clustered developments, although individual lots may exceed this requirement, the overall project may not.

(Ord. No. 00-38, § 4.7, 3-13-00; Ord. No. 06-38, 3-13-06)

In any zoning district, between the lines of intersecting streets and a line joining points on such lines 20 feet distant from their point of intersection, or in the case of a rounded street corner, the point of intersection and their tangents, no building or structure may be erected and no vegetation may be maintained above a height of three feet above the plane through the curb cuts.

(Ord. No. 00-38, § 4.8, 3-13-00; Ord. No. 18-178, § 4, 11-19-18)

The Code Enforcement Officer may authorize a height in excess of 35 feet if the structure is any of the following, provided that it does not constitute a hazard and that it occupies not more than ten percent of the roof area: church spires, belfries, monuments, tanks, water and fire towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks and flagpoles, stage towers and scenery lofts, silos and cooling towers.

(Ord. No. 00-38, § 4.9, 3-13-00)

(a)

Intent. To protect the groundwater resources of the Town from adverse development or land use practices (such as, but not limited to, the disposal or storage of solid wastes, sludge, subsurface waste disposal, road salting materials, gas or other petroleum products) that might reduce the quality and quantity of water that is now, and in the future will be, available for use by the Town, its citizens and businesses.

(b)

Location.

(1)

Overlay District. The Aquifer Protection Overlay District shall apply to the land within the Town's sand and gravel aquifers plus the land within 500 feet of these aquifers. The Aquifer Protection Overlay District embraces and overlays other provisions and districts set forth in this ordinance and as such its requirements are in addition to the requirements of the underlying zone. Where the provisions of the Aquifer Protection District conflict with or impose a higher standard than the provisions of any underlying districts, the provisions of the Aquifer Protection Overlay District shall prevail.

(2)

Identification of aquifer boundaries. The boundaries of the Aquifer Protection Overlay District shall be as delineated on the Zoning Map of Orono, Maine.

(3)

Boundary disputes. When the official boundaries of the Aquifer Protection Overlay District as delineated on the zoning map are disputed due to lack of sufficient detail on the available map, the landowner or agent may submit hydrogeologic evidence to support the claim. The evidence shall be prepared by a geologist, certified in the State of Maine.

(c)

Prohibited uses. In addition to those nonresidential uses prohibited in the underlying district, the following uses are prohibited.

• asphalt/tar processing

• automobile graveyards

• below ground storage of petroleum products or chemicals for new uses

• biological laboratories and chemical laboratories

• car or truck washes

• chemical manufacture

• chemical warehousing

• chemical reclamation

• coal storage

• dry cleaners

• electrical equipment or electronic circuit manufacture

• fuel oil distribution

• furniture stripping/painting/finishing

• industrial waste storage, impoundment or disposal

• injection wells

• junk and salvage yards

• laundromats

• meat packers

• metal plating, finishing or polishing

• mobile home parks (if not connected to Town sewer)

• oil pipelines

• paper mills

• paint shops

• pesticides/herbicides and fertilizer manufacture and warehousing

• pharmaceutical manufacture

• photo processing

• plastic and fiberglass manufacture

• printing

• rubber manufacture and fabrication

• septage and recreational vehicle waste receiving stations for commercial use

• slaughter houses

• sludge and septage storage, disposal or processing

• sludge and septage spreading

• solid and hazardous waste storage, disposal or processing

• solid or hazardous waste transfer sites

• tanneries

• textile mills

• truck terminals

• uncovered salt piles

• uncovered sand/salt piles

• wood treatment processors

(d)

Groundwater impact analysis. For projects requiring site plan review, the Planning Board shall require submittal by the applicant of a groundwater impact analysis. The analysis shall be prepared by a State of Maine certified geologist with experience in hydrogeology. The analysis shall contain the following components unless waived by a specific vote of the Board. (The Board expects the detail of this analysis to vary with the intensity of the development).

(1)

A map showing:

a.

Soil types;

b.

Surficial geology on the property;

c.

The recommended sites for subsurface waste disposal systems and wells in the development; and

d.

Direction of groundwater flow.

(2)

The relationship of surface drainage conditions to groundwater conditions.

(3)

Documentation of existing groundwater quality for the site.

(4)

A nitrate analysis or other contaminant analysis as applicable including calculation of levels at the property line(s) and wells on the property.

(5)

For water intensive uses, dependent on the aquifer, analysis of the effects of aquifer drawdown on the quantity and quality of water available for other water supplies or potential water supplies.

(6)

The Planning Board may require installation and regular sampling of water quality monitoring wells for any use or proposed use deemed to be a significant actual or potential source of pollutants or excessive drawdown. The number, location and depth of monitoring wells shall be determined as part of the hydrogeologic study, and wells shall be installed and sampled in accordance with "Guidelines for Monitoring Well Installation and Sampling" (Tolman, Maine Geologic Survey, 1983). Water quality sample results from monitoring wells shall be submitted to the Code Enforcement Officer with evidence showing that contaminant concentrations meet the performance standard for pollution levels.

(7)

A list of assumptions made to produce the required information.

(e)

Conditions/standards. For projects requiring site plan review, the Planning Board may impose the following standards:

(1)

Sanitary wastewater disposal. No use including home occupations shall dispose of other than normal domestic wastewater on-site. Disposal of wastewater shall be in strict compliance with the State Plumbing Code and other relevant State and local laws, rules and ordinances. No more than 900 gallons per day of sanitary waste shall be discharged to any one subsurface wastewater disposal system.

(2)

Petroleum storage. For above ground or indoor commercial or industrial storage other than storage for on-site space heating, an impermeable diked area shall be provided; the diked areas must be roofed to prevent accumulation of rainwater in the diked area and shall be properly ventilated. There shall be no drains in the facility. All concrete, whether walls or pads, shall be reinforced concrete and shall be designed by a professional engineer registered in the State of Maine.

(3)

Excavation or mining of fill, sand, gravel and other minerals. Excavation shall not be allowed below five feet above the average seasonal high-water. The water table shall not be artificially lowered by ditches, trenches, pumping or other methods. This provision shall not apply to building foundations.

(Ord. No. 00-38, § 4.10, 3-13-00)

(a)

Intent: The purpose of the Stillwater Avenue Overlay District is to permit low-impact non-residential uses that would not otherwise be allowed in the underlying zoning district that encompasses Stillwater Avenue except as a home occupation, but that are compatible with the residential uses and small-scale businesses that characterize Stillwater Avenue. It is the intent of this overlay district to allow small-scale nonresidential uses in the Stillwater Avenue corridor without the limitations of a home occupation, but to regulate these uses by means of performance standards that reduce the impact they might otherwise have on traffic, noise, parking, and the character of the surrounding area.

(b)

Location: The Stillwater Avenue Overlay District shall extend either side along Stillwater Avenue to the extent delineated on the Zoning Map of Orono, Maine, with a depth either (i) of 500 feet from the Stillwater Avenue right-of-way boundary line or (ii) where the Economic Development Zone district boundary is adjacent to this overlay district, as shown on the Zoning Map, to the boundary line of the Economic Development Zone.

(c)

Permitted uses: In addition to all uses permitted in the underlying zoning district, according to the schedule of uses set forth in section 18-106(e), a low-impact non-residential use shall be allowed with site plan review by the Planning Board if it:

(1)

Occupies no more than 2,500 square feet of total floor area;

(2)

Generates no more than a daily average of 50 vehicular trip ends on week days, based on a data contained in the latest edition of "Trip Generation," published by the Institute of Traffic Engineers, or, if the Code Enforcement Officer is unable to classify the proposed activity into one of the uses listed in this reference work, based on the written opinion of a professional traffic engineer;

(3)

Complies with the curb cut standards for single-family or two-family dwellings as set forth in section 18-127 of this ordinance;

(4)

Requires, in addition to the required number of parking spaces for any existing use, no more than ten spaces, based on the requirements of section 18-135 of this ordinance, or, if the type of use cannot be classified as one of the uses listed in section 18-135, based on the average rates per 1,000 square feet of building area for peak parking spaces occupied as identified in the latest edition of "Parking Generation," published by the Institute of Transportation Engineers, or, if the Code Enforcement Officer is unable to classify the proposed activity into one of the uses listed in this reference work, based on the written opinion of a professional traffic engineer;

(5)

Locates any on-site parking to the rear or side of the building, with no such parking in the lot's required front yard;

(6)

Maintains a vegetated buffer equal to the side or rear yard setback required in the underlying district between its on-site parking lot and adjacent properties, in compliance with the screening provisions of section 18-126(2).

(7)

Complies with the noise control standards for the Medium Density Residential District in Chapter 13, Article II, Ordinances of the Town of Orono, which standards shall be a condition of site plan approval of a low impact use;

(8)

Complies with the sign regulations of section 18-140 of this ordinance for businesses permitted in residential districts;

(9)

Neither makes nor receives shipments in trucks requiring a class one or two license more than five times a week;

(10)

Stores materials, displays goods or sells goods only within a fully enclosed building; and

(11)

Does not include drive-through window service.

(d)

Minimum yard requirements in the Stillwater Avenue Overlay District:

(1)

Dwellings existing as of April 7, 2010, and additions to such dwellings for residential purposes shall have the same minimum front, side, and rear yard setbacks as required in the underlying zoning district;

(2)

New structures for any residential or non-residential use permitted in the underlying zoning district or the overlay district shall have a minimum front yard setback of 50 feet, and the same minimum side and rear yard setbacks as required in the underlying zoning district.

(3)

Additions to structures existing as of April 7, 2010, for non-residential purposes shall have a minimum front yard setback of 50 feet, and the same minimum side and rear yard setbacks as required in the underlying zoning district.

(e)

Existing contract zones in the Stillwater Avenue Overlay District: Contract zones existing as of April 7, 2010, shall remain in effect according to the terms of the contract zones.

(f)

All other standards: Unless otherwise specified herein, all standards to which any land use in the underlying zoning district would be subject shall apply in the Stillwater Avenue Overlay District.

(Ord. No. 10-45, 3-8-10)

(a)

Intent: The purpose of the Main Street Office Overlay District is to create the land use and economic conditions that will simultaneously maintain a safe, attractive environment in which residents have the peaceable enjoyment of their homes, and provide the incentive and means to invest in and maintain the significant architectural and other important elements that create a visually appealing Main Street.

(b)

Location: The Main Street Office Overlay District shall extend either side along Main Street to the extent delineated on the Zoning Map of Orono, Maine, with a depth of 300 feet from the Main Street right-of-way boundary line, provided that it shall apply only to lots that have their street addresses along the delineated segment of Main Street, as listed in the Town Assessor's book of real estate accounts as of December 11, 2017, and that are zoned Medium Density Residential (MDR).

(c)

Classification of properties: For the purpose of this section, a "contributing property" is a property located within the Main Street Office Overlay District with a building existing as of December 11, 2017 that was (i) identified in the establishment of the Main Street Historic District in 1977, which district is listed on the National Register of Historic Places, as contributing to the historic significance of the district; or (ii) that was identified in the "Main Street Corridor Reconnaissance Survey, Juniper Street to Kelley Road," prepared by Malcolm L. Collins, AIA, for the Town of Orono in 2016 and on file in the Town of Orono Code Enforcement Office, as not having been identified in the establishment of the Main Street Historic District in 1977 but, from the vantage point at the time of the Reconnaissance Survey is considered a contributing building, either in terms of architectural style or integrity or the overall character of the Main Street corridor.

Properties classified as "contributing properties" are listed by street address and Assessor's Tax Map and Lot Number in the following table:

Contributing Properties, Main Street Office Overlay District

(d)

Permitted uses: The following uses are permitted on any property in the Main Street Office Overlay district, regardless of classification of the property:

(1)

Any use allowed in the Medium Density Residential District, according to the schedule of uses set forth in section 18-106(e) with the permits as indicated in that section.

(2)

Offices, which for the purposes of this section includes medical offices, not otherwise allowed in the Medium Density Residential District, with Planning Board review and approval following a public hearing noticed in the manner set forth in section 18-84 (Hearing procedure for appeals and applications); and provided that:

(i)

The property also includes at least one dwelling unit for residential use, whether the office or offices and the dwelling unit both are located in the principal structure on the lot or one of the uses is located in the principal structure and the other is located in an accessory structure on the lot; and

(ii)

If the office use is on a Contributing Property, it does not involve the demolition of any building or portion of building that contributed to the property's designation as a Contributing Property unless such demolition is required as a result of destruction by fire or natural disaster, or is ordered by the Code Enforcement Officer to maintain public safety as the result of a dangerous condition.

(e)

Minimum dimensional requirements in the Main Street Office Overlay District:

(1)

The minimum dimensional requirements for lots in the Main Street Office Overlay District shall be the same as for the Medium Density Residential District, as set forth in the schedule of dimensional requirements in section 18-106(f) of this ordinance, except as specified in this subsection.

(2)

The minimum lot area for an office use or uses together with one dwelling unit shall be the same as for a lot with a single dwelling unit. A second dwelling unit, as allowed in the Medium Density Residential District, shall comply with the additional minimum lot area per family requirement in the Medium Density Residential District.

(3)

If a lot is legally nonconforming as to one or more dimensional requirements of the Medium Density Residential District, as specified in section 106(f), Schedule of Dimensional Requirement, as of the date of adoption of the Main Street Office Overlay District:

(i)

It may be used for offices in combination with a single dwelling unit; or

(ii)

If the dwelling contains two dwelling units, as is allowed within the Medium Density Residential District, but is nonconforming as to minimum lot area per family, an office use may be included only if it replaces one of the dwelling units. If the office use is subsequently terminated, the replaced dwelling unit may be resumed notwithstanding the lot's nonconformance with the standard for minimum lot area per family.

(4)

If the dwelling contains more than three or more dwelling units and therefore is a nonconforming use within the Medium Density Residential District, an office use may be included only if it replaces one of the dwelling units. If the office use is subsequently terminated, the replaced dwelling unit may be resumed and will retain its legally nonconforming status.

(5)

Regardless of existing or future use, the frontage of any lot existing as of the date of adoption of this ordinance with less than 125 feet of frontage along Main Street shall not be reduced; the frontage of any lot existing as of the date of adoption of this ordinance with more than 125 feet of frontage along Main Street shall not be reduced to less than 125 feet; and no new lot shall be created with less than 125 feet of frontage along Main Street.

(f)

Performance standards in the Main Street Office Overlay District. An office use or uses shall:

(i)

Occupy no more than a total of 2,500 square feet of floor area;

(ii)

Not add to the number of curb cuts onto Main Street and otherwise shall comply with the curb-cut standards for single-family or two-family dwellings as set forth in section 18-127 of this ordinance, unless the Planning Board finds that an additional curb cut is required for public safety, will not unduly interfere with the flow of traffic on Main Street or the safety of pedestrians, and no reasonable alternative exists;

(iii)

Locate all on-site parking for non-resident employees and clients of the office use to the rear or side of the building; and further, exclusive of driveway, locate no parking serving any use, residential or non-residential, within ten feet of a public street right-of-way boundary line or between the paved portion of the street and the principal structure itself, as prescribed in section 18-135, Off-street parking and loading, of this chapter;

(iv)

Maintain a vegetated buffer equal to the minimum side or rear yard setback required in the Medium Density Residential District between any on-site parking area and adjacent properties, in compliance with the screening provisions of section 18-126(2);

(v)

Be on a site with a "lot coverage" as defined in this chapter of no more than 40 percent, and, with any expansion of structures or parking area or addition of an accessory structure will continue to have a lot coverage of no more than 40 percent; and

(vi)

Have no more than one sign with a maximum area of eight square feet, provided that a building with more than one office use may in addition have a directory sign of no more than six square feet located on or adjacent to the primary entrance to the building; and provided further that signs otherwise comply with the requirements of section 18-140 for signs in residential districts.

(g)

Visual compatibility standards in the Main Street Office Overlay District.

(1)

Applicability:

(i)

The visual compatibility standards shall apply to:

1.

Renovations and additions: Renovations of or additions to a Contributing Property's principal or accessory buildings, but only if a person with right, title or interest in the property, after having made proper application to the Planning Board, receives a permit for an office use or office uses not otherwise allowed in the Medium Density Residential District.

2.

Construction of new principal or accessory buildings: Construction of a new principal or accessory building on any lot in the Main Street Office Overlay District, whether or not it is a Contributing Property and whether or not an office use is proposed for or exists on the lot.

3.

Property maintenance: On any lot within the Main Street Office Overlay District, whether or not it is a Contributing Property, but only if a person with right, title or interest in the property, after having made proper application to the Planning Board, receives a permit for an office use or office uses not otherwise allowed in the Medium Density Residential District.

(ii)

If, after January 10, 2018, a property is altered in a manner that does not conform to the applicable visual compatibility standards, the current or successor person with right, title or interest in the property may not subsequently apply for or receive a permit for an office use other than one allowed within the Medium Density Residential District unless the application includes a plan to restore the altered architectural feature in a manner that conforms to the applicable standards. Such restoration shall be substantially completed before the property is occupied by an office use.

(iii)

The visual compatibility standards shall apply to the sides of a structure that are wholly or partially visible from a public street.

(iv)

Nothing in this subsection (g) shall be construed to prevent the ordinary maintenance or repair of any exterior feature of a structure that does not involve a change in the design, material or exterior appearance of a structure.

(v)

Nothing in this subsection (g) shall prevent the construction, reconstruction, alteration, restoration or demolition of any feature that the Code Enforcement Officer shall certify is required to maintain public safety because of an unsafe or dangerous condition; or that is required to comply with Federal and State regulations relating to accommodating persons with disabilities; and that, if contrary to the visual compatibility standards of this subsection, is the minimum needed to satisfy the condition or regulation and no practicable alternative to the proposed construction, reconstruction, alteration, be restoration or demolition exists.

(2)

Standards:

(i)

Principal buildings—Renovations: The renovation of a principal building on a Contributing Property shall not remove or alter the roof lines or roof forms, including dormers; or remove or alter chimneys; or remove or alter the size or location of porches, balconies or entrances including porticoes and vestibules; change or alter pediments; change the sizes of window openings or the spacing between window openings; or change the cladding of the building except in a manner consistent with the architectural style of the building, as referenced in the Design Guidelines. If such a feature of one of these building elements is replaced, the new item or material shall visually match, as closely as possible, the item or material being replaced in composition, design, and dimensions. "As closely as possible" means the material or item is available commercially from an area or other readily accessible source without the necessity of customized millwork or similar specialized construction.

(ii)

Principal buildings—Additions: An addition to a building on a Contributing Property preferably will not mimic the historical architectural style of the building, as identified in the Design Guide, so as to lose the historic identity of the main building, but will be compatible with it, as follows:

1.

The addition shall be located to the side or rear of the building so as not to interfere with or interrupt the existing building's façade.

2.

The addition shall be no higher and have no more stories than the existing building; and the addition's foundation shall match as closely as possible the height of the existing building's foundation.

3.

The footprint of the addition shall be smaller than the footprint of the existing building.

4.

The roof shape, pitch and orientation of the addition shall be the same as those of the principal building, or, if this is not practicable, as close as possible to those of the principal building. Dormers shall be in character with the architectural style of building and in proportion to the area of the roof in which they will be placed.

5.

The spacing of windows and doors and the sizes of window and door openings in the addition shall be consistent with those of the existing building.

6.

The material of an addition's cladding may be different than that of the principal building but shall be visually similar; and the color of the addition's cladding shall be in the same range or value as the existing building's cladding.

(iii)

Principal buildings—New construction: For the purpose of this paragraph (iii), "proximate" means within 300 feet along Main Street.

1.

Orientation: The front face of the building shall be oriented parallel to the street or as close to parallel as conditions allow, with the primary entrance on this façade.

2.

First floor height: The height of the building's first floor shall be approximately the average as that of proximate buildings to which it is visually related.

3.

Roof form: The roof form, roof lines and pitches shall be consistent with one or more of the proximate buildings to which the new building is visually related.

4.

Windows and doors: The spacing of windows and doors and the sizes of window and door openings shall be consistent with that of one or more proximate buildings to which the new building is visually related.

(iv)

Accessory buildings—Additions and new construction: For the purpose of this paragraph (iv), "proximate" means within 300 feet along Main Street.

1.

The accessory building shall not be taller than the principal building on the lot, and the footprint of the accessory building shall have a smaller area than the footprint of the principal building.

2.

The accessory building's roof forms and roof lines, cladding, and window shape and sizes shall be of a character similar to the principal building and other proximate buildings to which the accessory building is visually related.

(v)

In determining compliance with the standards in paragraphs (2)(i) through (2)(iv) of this section, the enforcement authority shall be guided, although not bound, by the manual, "Main Street Overlay District Design Guidelines," published 2017, prepared by Malcolm L. Collins, AIA, for the Town of Orono (hereinafter "Design Guidelines"), and which is incorporated by reference into this ordinance.

(vi)

Property maintenance: In addition to the minimum standards set forth in Division 3, Minimum Standards, within Chapter 8, Buildings and Building Regulations, Article III, Housing Code, of the Town of Orono Code of Ordinances, any property in the Main Street Overlay District with an office use or office uses approved pursuant to this section 18-112 shall maintain the exterior property and premises, including accessory buildings, visible from a public street as follows:

1.

Protective treatment: Exterior surfaces, including but not limited to doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering and treatment. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.

2.

Foundation walls: Foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.

3.

Exterior walls: Exterior walls shall be free from holes, breaks, and loose or rotting materials and shall be maintained weatherproof and properly surface coated where required to prevent deterioration.

4.

Roofs and drainage: The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drains, gutter and downspouts shall be maintained in good repair and free from obstructions.

5.

Decorative features: Cornices, pediments, moldings, wall facings, trim and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

6.

Overhang extensions: Overhang extensions, including but not limited to, canopies, porticoes, awnings, fire escapes, and exhaust ducts, shall be maintained in good repair and be properly anchored so as to be kept in a sound condition.

7.

Stairways, decks, porches, and balconies: Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

8.

Chimneys: Chimneys and similar appurtenances shall be maintained structurally safe and sound and in good repair.

9.

Handrails and guards: Handrails and guards shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

10.

Windows and doors: Every window, door and frame shall be kept in sound condition, good repair, and weather tight. Glazing materials shall be maintained free from cracks and holes.

11.

Yards: Yards, including lawns, trees, hedges, shrubs, gardens and buffer areas, shall be maintained in a condition consistent with a landscape plan submitted and approved by the Planning Board at the time of Planning Board review of the proposed office use.

(h)

Permit-issuing authority:

(1)

Plans for a proposed office use or office uses, including any associated building or site renovations, alterations, removals, replacements, additions, or new construction of any principal or accessory building, shall be submitted to the Planning Board, utilizing the same procedures as for Site Plan Review and application forms provided for this purpose, for review of compliance with the use, dimensional, and applicable visual compatibility standards of the Main Street Office Overlay District. The application shall include photographs of the existing condition of each side of the building wholly or partially visible from a public street and elevations drawn to scale that show any proposed renovations, alterations, removals, replacements, additions or new construction. The Planning Board may approve, approve with conditions, or deny the application based on review of the standards. The Planning Board may request an evaluation of the application by a qualified architect or architectural historian for compliance with the visual compatibility standards, with the cost of such review added to the application fee for the project. Upon approval by the Planning Board, application shall be made to the Code Enforcement Officer for any relevant permits.

(2)

Appeals of decisions of the Code Enforcement Officer shall be taken to the Board of Appeals in accord with the procedures prescribed in section 18-83 of this ordinance for administrative appeals. Appeals of decisions of the Planning Board shall be taken to Superior Court within 45 days from the date the decision is rendered by the Planning Board.

(3)

Nothing herein replaces any requirement for applications, reviews, and permits normally required under the Land Use Ordinance or other applicable codes and ordinances.

(Ord. No. 17-204, 12-11-17)

(a)

Intent: The purpose of the Vernal Pools Overlay District is to provide owners of property located within the overlay district that is subject to state or federal regulation with respect to vernal pools the option of developing and using the property in accordance with: 1) the applicable state and federal wetland regulations and associated requirements for the protection of vernal pools, or 2) the provisions of this section including the enhanced protection of other vernal pools through payment of a "vernal pools mitigation fee" or by undertaking "permittee-responsible mitigation activities." Mitigation fees collected under this section shall be used only for the purpose of protecting other vernal pool ecosystems within the community or in other nearby communities identified through the application of the Maine Vernal Pool Conservation Criteria in the "Orono Vernal Pool Special Area Management Plan" (SAMP) and the conservation priorities of the Maine Vernal Pool SAMP.

(b)

Applicability:

(1)

The provisions of this section apply only to land located within the Vernal Pools Overlay District as shown on the Official Zoning Map and if the impact occurs within the vernal pool or within a 250-foot zone around the pool. These provisions are optional. With respect to any application to develop land within the Overlay District that is subject to state or federal regulation with respect to wetland and vernal pools, the applicant shall indicate at the time of application whether he/she intends to develop the project in accordance with those applicable state and federal requirements or to invoke the provisions of this section.

(2)

The provisions of this section shall not be used if the vernal pool to be impacted supports state or federal threatened or endangered species unless a determination of no effect or not likely to adversely affect is made by the U.S. Army Corps of Engineers in consultation with the U.S. Fish and Wildlife Service; or if the single and complete project includes more than three acres of impact to aquatic resources including vernal pools.

(3)

If the applicant invokes the provisions of this section, he/she must still obtain all other local, state and federal permits and provide appropriate notice to the U.S. Army Corps of Engineers as described in Section III.B of the "Vernal Pools Special Area Management Plan." [The plan is available at https://www.nae.usace.army.mil/Portals/74/docs/regulatory/VernalPools/Maine_Vernal_Pool_SAMP(2016-08-11).pdf, such reference subject to change from time to time.] Applicants who elect to opt out of this program should continue to consult with state and federal regulatory agencies for project-specific requirement.

(4)

If the applicant invokes the provisions of this section and also proposes a clustered residential development under section 18-136 of this ordinance, any vernal pool identified on the property may still be required to be part of the open space of the development. See section 18-136(g)(1) of this ordinance.

(5)

Upon receipt of an application for a permit under this section, the Town shall provide the Maine Department of Environmental Protection with timely notice of such receipt.

(c)

Effective date: Notwithstanding the adoption of this section as part of the ordinance, the provisions of this section shall be effective only when the Maine Board of Environmental Protection has certified in writing to the Code Enforcement Officer that the Town has been granted partial delegated authority with respect to the issuance of vernal pools permits in accordance with the Maine Vernal Pools Special Area Management Plan (SAMP). If the Maine Board of Environmental Protection notifies the Code Enforcement Officer in writing that Orono is no longer in compliance with the SAMP, or if Orono, Maine Department of Environmental Protection, or U.S. Army Corps of Engineers terminates the SAMP, this section shall no longer be in effect. Any development permits issued and vernal pools conserved prior to the date of such written notification shall remain in force.

(d)

Definitions: For definitions of words or phrases in this section that are contained in quotation marks, see section 18-31, Definitions, of this ordinance.

(e)

Vernal pool mitigation: As an alternative to complying with the applicable state and federal vernal pool regulations, the applicant for any development approval or building permit with respect to land located within the overlay district that elects to develop or build in accordance with the provisions of this section shall either: a) pay a "vernal pools mitigation fee", or b) undertake "permittee-responsible mitigation activities" in accordance with the provisions of this section and the SAMP.

(1)

Vernal Pool Mitigation Fee:

a.

Regulatory Flexibility: An applicant that elects to pay a "vernal pools mitigation fee" in accordance with the following provisions must comply with the provisions of this section rather than the otherwise applicable vernal pool provisions found in 38 M.R.S.A. Section 480 Chapter 3, DEP Rules- Chapter 335 and federal vernal pool provisions found in the Maine General Permit. This provision of the Maine "Vernal Pool SAMP" shall not extend to other state and federal wetland regulations or other natural resource regulations that may apply to the development.

b.

Amount of the Mitigation Fee: The amount of the mitigation fee is the greater of: a) 40 percent of the difference in the appraised value of the parcel proposed to be developed if it is subject to applicable state regulations and/or the U.S. Army Corps of Engineers general permit for the state with respect to vernal pools and the appraised value of the parcel if those state and federal vernal pool regulations no longer apply, or b) the minimum mitigation fee if, at its option, such a minimum is established by the Town Council as part of its adopted license and permit fee schedule. The minimum mitigation fee shall be adequate to accomplish vernal pool preservation at the programmatic level of two pools plus 70 acres of terrestrial amphibian post-breeding habitat conserved for each impacted pool. The phrase "programmatic level of two pools plus 70 acres" is intended as guidance to mean sufficient acreage associated with all pools conserved under the Orono Vernal Pool SAMP to indefinitely sustain a healthy population of amphibians that depend on the pools and the associated post-breeding habitat. The amount of acreage shall contribute to the sustaining of this population but may vary for any one pool depending on configuration, quality, availability, adjacency to other habitat, and similar factors. The phrase "adequate to accomplish vernal pool preservation" shall include, in addition to acquisition costs, reasonable administrative and due diligence costs, such as but not limited to surveying, legal, and environmental assessment costs, costs incurred by the Designated Third Party Conservation Organization to implement a mitigation project, and stewardship costs to maintain the project.

The difference in the appraised value of the parcel with and without the applicable state and federal vernal pool regulations shall be determined by a Certified General Appraiser (CGA) currently licensed in Maine. The appraiser shall be employed by the applicant subject to approval by the Town. The appraisal shall meet the Uniform Standards of Professional Appraisal Practice (USPAP) and will be subject to a peer review by a CGA selected by the Town.

c.

Appraisal Review Fee: If the applicant elects the difference in appraised value approach, the applicant shall deposit the estimated cost for the peer review of the appraisal with the Town. The Town shall hold the fee in a separate account and shall use the fee only for the purpose of compensating the review appraiser. Should the amount of the initial deposit not cover the full costs for the review, the applicant shall be responsible for the difference and shall pay the Town prior to the issuance of any permits or approvals for the project. If the amount of the initial deposit exceeds the full costs for the review, the Town shall refund the balance to the applicant within 30 days of paying the peer review appraiser.

d.

Payment of the Mitigation Fee: The mitigation fee shall be payable to the Town and submitted to the Code Enforcement Officer as part of a Site Plan Review application or a Subdivision Plan Review application, if such review is required for the proposed development; or, if no such review is required, prior to the commencement of any site work on the parcel or the issuance of any building or plumbing permits for the project whichever occurs first.

(2)

Permittee-Responsible Mitigation Activities:

a.

Regulatory Flexibility: An applicant that elects to undertake "permittee-responsible mitigation activities" in accordance with the following provisions must comply with the provisions of this section rather than the otherwise applicable vernal pool provisions found in 38 M.R.S.A. Section 480 Chapter 3, DEP Rules- Chapter 335 and federal vernal pool provisions found in the Maine General Permit. This relief shall not extend to other state and federal wetland regulations or other natural resource regulations that may apply to the development.

b.

Acceptable Mitigation Activities: The applicant shall arrange for the protection of other vernal pools and associated amphibian terrestrial post-breeding habitat within designated "Rural Areas" of the community or in other communities in accordance with the conservation criteria of the SAMP. The compensation activities shall be adequate to accomplish vernal pool preservation at the programmatic level of two pools plus 70 acres of amphibian terrestrial post-breeding habitat conserved for each impacted pool. The phrase "programmatic level of two pools plus 70 acres" is intended as guidance to mean sufficient acreage associated with all pools conserved under the Orono Vernal Pool SAMP to indefinitely sustain a healthy population of amphibians that depend on the pools and the associated post-breeding habitat. The amount of acreage for any one pool shall contribute to the sustaining of this population but may vary for any one pool depending on configuration, quality, availability, adjacency to other habitat, and similar factors. The Planning Board shall determine whether this standard has been met after consulting with Town's "designated third party conservation organization."

c.

"Designated third party conservation organization": The permittee must have an agreement with the "designated third party conservation organization" for conveyance to the organization of the vernal pool and associated lands intended for permanent conservation, either in fee (provided that the resulting lot complies with the dimensional standards of the zoning district in which it is located, as set forth in the Land Use Ordinance) or by deed of conservation easement consistent with the Orono Vernal Pool SAMP. The agreement shall set forth such terms, including fees for due diligence activities related to the conveyance of the property and long-term stewardship of the property, as the permittee and "designated third party conservation organization" agree are necessary to complete the conveyance and comply with the Orono Vernal Pool SAMP.

d.

Verification: An applicant that elects to undertake "permittee-responsible mitigation activities" shall include in his or her Site Plan Review or Subdivision Plan application, if the development requires such review, evidence of title, right or interest in the property or properties subject to the proposed compensation activities and any related pending agreement with the "designated third party conservation organization". In all cases, the "designated third party conservation organization" must certify to the Code Enforcement Officer that the "permittee-responsible mitigation activities" have occurred prior to the commencement of any site work on the parcel or the issuance of any building or plumbing permits for the project, whichever occurs first.

(f)

Management of collected mitigation fees: All "vernal pool mitigation fees" shall be accounted for in a separate financial account maintained by the municipality. All revenue and disbursements shall be posted to this account and an annual report of the financial status of the account shall be provided to the Maine Department of Environmental Protection and the Army Corps of Engineers, New England District, within 90 days of the end of the Town's fiscal year as part of the annual report as described in the SAMP. These funds are subject to audit by the Maine Department of Environmental Protection and the Army Corps of Engineers, New England District.

(g)

Use of mitigation fees: "Vernal pool mitigation fees" collected by the Town shall be used only to fund vernal pool conservation projects carried out by the "designated third party conservation organization" in accordance with the Town's approved "Vernal Pool Conservation Suitability Assessment" or other vernal pool conservation in accordance with the conservation priorities set forth in the SAMP. Any third party receiving mitigation funds shall enter into a formal agreement with the Town spelling out its roles and responsibilities with respect to the management and use of the funds, administrative fees, monitoring of conservation projects, and annual reporting requirements in accordance with the requirements of the SAMP. No funds shall be provided to the "designated third-party conservation organization" from the Vernal Pools Mitigation Fees account until such an agreement is in place.

(h)

Annual reporting: The Orono Office of Community Development shall prepare an annual report on the use of the Vernal Pools Overlay District and provide the report to the Town Council, Maine Department of Environmental Protection, and Army Corps of Engineers within 90 days of the end of each fiscal year covering the prior fiscal year. The report shall document the number of times the mitigation provisions were utilized, the permittees' and projects' names, the permit/authorization numbers or other identifiers, the number and location of vernal pools within the Overlay District that were involved, the conservation projects undertaken with mitigation fees or through permittee-responsible mitigation activities, the financial accounting for all collected mitigation fees, and the documentation of ongoing monitoring of properties conserved through the use of the mitigation fees. Documentation of monitoring visits shall include photos and a report describing the condition of each pool, the surrounding landscape, and other relevant factors.

(Ord. No. 18-167, § 2, 10-15-18; Ord. No. 19-183, 10-21-19, eff. 11-20-19)

(a)

Intent: The purpose of the Village Residential Overlay District is to provide residents with an incentive that would help to establish a traditionally designed village residential area within short walking distance of services and amenities while also promoting the foundation for more affordable housing and home ownership opportunities.

(b)

Location: The Village Residential Overlay District shall extend to lots which are otherwise located in the Medium Density Residential District that are within approximate walking distance of the Village Commercial District. The exact extent of the Village Residential Overlay District shall be delineated on the Town of Orono Townwide Zoning Map.

(c)

Applicability: The Village Residential Overlay District is an optional, incentive-based district. To qualify for the density bonus, any new subdivision, new construction, or renovation or conversion of an existing structure shall include within the recorded deed of the property a restriction with language approved by the Planning Board or Code Enforcement Officer that permanently requires that the dwelling unit on the subject property shall be owner-occupied. If the structure is a two-family dwelling or contains two single-family attached dwellings, at least one of the dwelling units shall be owner-occupied.

For this section of the ordinance, the term "owner-occupied" means a single-family dwelling or one dwelling unit in a two-family dwelling in which the individual owner (meaning a human being) thereof maintains and occupies a true, fixed and permanent residence to which the individual owner, whenever absent, intends to return. An individual who retains a life estate in a single-family dwelling or who is the beneficiary of a living trust that owns a single-family dwelling shall be considered an owner for the purpose of this section. Any owner shall have all motor vehicles registered in Maine, shall hold a Maine operator's license (if owner drives) that lists the single-family dwelling as the current address, and shall only be registered to vote in Orono.

(d)

Permitted uses: The following uses are permitted in the Village Residential Overlay District, subject to all applicable review and permitting requirements and applicable performance and other standards set forth in this Ordinance:

(1)

Any use permitted in the Medium Density Residential District.

(e)

Dimensional standards: The following dimensional standards shall apply in the Village Residential Overlay District:

(f)

Performance standards: In addition to the applicable performance standards stated in Article V of this Ordinance, the following standards shall apply specifically to the Village Residential Overlay District:

(1)

No more than two unrelated people shall occupy any individual dwelling unit.

(2)

Off-street parking: Dwelling units with 0-1 bedrooms shall be required to have a minimum of one parking space; dwelling units with 2 or more bedrooms shall be required to have a minimum of two parking spaces.

(3)

If the development is a subdivision subject to review by the Planning Board, then the following shall apply:

i.

A street within the subdivision must intersect with another street, either within or outside of the subdivision, at least every 750 feet, forming a generally rectangular or semi-rectangular grid and avoiding dead ends to the extent possible. If the Planning Board finds that topographical, wetland, or other natural constraints, the configuration of the property being subdivided, or the configuration of development of an adjacent property makes meeting this standard impractical, it may waive or modify it but only to the extent necessary to take into account the constraints. Where an adjacent development provides for a connection to the proposed subdivision, the proposed subdivision shall complete the connection. The development shall comply with all other standards for street layout, design and construction set forth in Article VII, Subdivision Review, including providing for a future connection to any adjacent, unsubdivided property.

ii.

Each street right-of-way shall include a sidewalk on at least one side, meeting the standards of Table 7.4 in section 18-210 of Article VII, Subdivision Review. Between a street's travel way and the sidewalk on at least one side, there shall be a planting strip at least six feet wide, with trees at least two and one-half inches dbh, planted at intervals of no more than 40 feet on center. The trees shall be native deciduous species suitable as shade trees. Existing trees, whether deciduous or conifer, may be used as substitutes, provided they are at least 15 feet in height, in good condition, and located within or adjacent to the street right-of-way. If an overhead obstruction is present that would prevent the above specified tree plantings, the Planning Board may approve different types of trees that would better fit within the conditions of the planting strip.

iii.

The Planning Board may approve the establishment of one or more private alleyways to provide access to parking facilities and a corridor for utilities serving two or more residential properties. For the purpose of this paragraph, an alleyway shall not be construed to be a "street" under this Ordinance, shall not be counted as street frontage, and shall be owned and maintained in common by the owners of the properties served by the alleyway. Such ownership and maintenance responsibilities may be incorporated in a homeownership agreement or through appropriate easement documents associated with the affected properties, with Planning Board approval as part of the subdivision. An alleyway shall have a pavement width of at least 14 feet with an additional six feet of width served by a drivable surface approved by the Fire Department; shall be maintained with no obstructions within the full 20-foot width; and shall not have a dead end. An easement shall provide the Town with the right of access to and through the alleyway for public vehicles.

iv.

Houses within the subdivision shall have a street orientation such that the front door faces the street, the front façade includes at least one window of at least six square feet, and the garage, if any, is no closer to the front property line than the principal building. These requirements shall be included as a condition on the recorded subdivision plan and as restrictions in the deeds to the lots.

v.

Each lot in the subdivision shall have access to an open space or recreational area at least one-quarter acre in size and no less than 50 feet in width and length within one-quarter mile of the lot as measured by street or pedestrian pathways. The open space or recreational areas must be available for use by the residents of the subdivision and may be located either within or outside of the subdivision. The open space may be integrated into other aspects of the subdivision, such as an area protecting a natural resource or a stormwater management facility, provided there is at least one-quarter acre of usable space.

(4)

If the development is on a lot of record that existed prior to (effective date), conforms to the dimensional standards of the Village Residential Overlay District, and is not subject to subdivision review, the following shall apply:

i.

In the case of new construction, any new home shall have a street orientation such that the front door faces the street, the front façade includes at least one window of at least six square feet, and the garage, if any, is no closer to the front property line than the principal building. Further, there may be only one principal structure on a lot. If the lot contains an existing dwelling and a second principal structure is proposed, the lot must be divided in a manner such that both resulting lots and the structures on them conform to the dimensional standards of paragraph (e) above.

ii.

In the case of the conversion of an existing structure from a single-family to a two-family dwelling or a single-family detached to a single-family attached dwelling with two units, the lot and structure shall conform to the dimensional standards of paragraph (e) above. In addition, if the existing structure has a street orientation such that its front door faces the street and the façade includes at least one window with at least six square feet of area, these elements shall be retained or replaced in kind. No new or expanded garage shall be placed closer to the front property line than the principal structure.

(Ord. No. 21-131, § 1, 7-12-21)