Saco City Zoning Code
ARTICLE IV
Dimensional Standards
§ 230-401 Requirements; dimensional standards.
A.
No structure shall be erected, reconstructed or altered to exceed the height herein established for the districts in which such structure is located, as except as provided herein. No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this chapter.
B.
Refer to Article VIII for additional standards for lots in Shoreland Zoning Overlay Districts.
[Amended 3-18-2024]
Table 4-1 Dimensional Standards for All Zoning Districts | |||||||||||||||
Requirements | Residential Districts | Business and Mixed-Use Districts | Industrial Districts | ||||||||||||
RC | LDR | SR | WR | MDR | HDR | D | GB | MB | HB | SI | CE | PR | BI | I | |
Minimum lot area (square feet) | |||||||||||||||
Sewered | 40,000 | 20,000 | 7,500 | 15,000 | 7,500 | 6,000 | 2,000 | 7,500 | 6,000 | 7,500 | 20,000 | 7,500 | 20,000 | 10,000 | 40,000 |
Unsewered | 80,000 | 40,000 | 40,000 | 30,000 | 20,000 | n/a | n/a | n/a | n/a | 20,000 | n/a | n/a | 20,000 | 10,000 | 80,000 |
Minimum lot area per dwelling unit (square feet)4 | |||||||||||||||
Sewered | 40,000 | 10,000 | 7,500 | 7,500 | 5,000 | 3,000 | 1,500 | 5,000 | 3,000 | 4,000 | * | 7,500 | 7,500 | n/a | n/a |
Unsewered | 80,000 | 20,000 | 20,000 | 15,000 | 17,500 | n/a | n/a | n/a | n/a | 17,500 | n/a | n/a | 30,000 | n/a | n/a |
Street frontage, minimum (feet) | 200 | 100 | 75 | 100 | 75 | 75 | 30 | 50 | 75 | 100 | 50 | 50 | 200/502 | 50 | 150 |
Front setback, minimum (feet) | 30 | 30 | 25 | 25 | 25 | 5 | 0 | 15 | 5 | 15 | 0 | 15 | 40/253 | 20 | 50 |
Front setback, maximum (feet) | n/a | n/a | n/a | n/a | n/a | 15 | 10 | 30 | 25 | n/a | n/a | n/a | n/a | n/a | n/a |
Side and rear setbacks, minimum (feet) | 25 | 20 | 15 | 15 | 10 | 10 | 10/01 | 15/01 | 10 | 10 | 10 | 10 | 20 | 25 | 25 |
Lot coverage, maximum | 20% | 25% | 30% | 25% | 35% | 45% | 100% | 50% | 40% | 50% | 60% | 40% | 60% | 50% | 40% |
Height, minimum (feet) | n/a | n/a | n/a | n/a | n/a | n/a | 355 | n/a | n/a | n/a | n/a | n/a | n/a | n/a | n/a |
Height, maximum (feet) | 35 | 35 | 35 | 35 | 35 | 50 | 60 | 50 | 35 | 50 | 60 | 35 | 60 | 60 | 60 |
NOTES: | |
1 | A zero-foot minimum side setback is permitted for party (shared) wall. |
2 | The minimum street frontage on Route 1 is 200 feet. For all other roads, the minimum street frontage is 50 feet. |
3 | The minimum front setback on Route 1, Cascade Road, and Flag Pond Road is 40 feet. For all other roads, the minimum front setback is 25 feet. |
4 | Density requirements are not intended to overrule state regulations. |
5 | Minimum height requirements do not apply to single-family dwellings, two-family dwellings, structures not used for habitation like sheds, and structures related to utility uses. |
* | Master planned development standards apply: The lot area per dwelling unit requirement for dwelling units that are part of an approved master planned development in accordance with site plan review/subdivision requirements varies with the size of the unit. For dwelling units with not more than two bedrooms and less than 800 square feet of total floor area, the requirement is 1,000 square feet of lot area per unit; and for dwelling units with more than two bedrooms or more than 800 square feet of total floor area, regardless of the number of bedrooms, the requirement is 2,000 square feet of lot area per unit. |
n/a | Not applicable/no requirement. |
§ 230-402 Dimensional requirements.
A.
Minimum lot and yard requirements. The minimum lot area, minimum lot area per dwelling unit, minimum street frontage, minimum and maximum depth of front yard, minimum width of side yard and rear yard, maximum lot coverage, and minimum and maximum height for each district shall be as shown in Table 4-1.
B.
Corner and double-frontage lots. Lots which abut public or private roads on more than a single side shall provide a required minimum and maximum depth for a front yard along at least two of the abutting streets. Minimum rear yard depth shall be provided along all other sides.
C.
Net commercial acreage requirement. The total gross available acreage less the areas of the site which are not suitable for development because of topography, natural drainage, or subsoil conditions. The net acreage shall be determined by subtracting unsuitable areas from the gross acreage of the parcel. The following original land areas shall be considered unsuitable and shall be deducted from the gross acreage of the parcel:
(1)
Areas that are, because of existing land uses or lack of access, isolated and unavailable for building purposes or for use in common with the remainder of the parcel.
(2)
Areas within Zone V or VE, coastal flood with velocity hazard, a floodway or a 100-year flood hazard area, as shown on the Federal Flood Boundary and Floodway Map or Federal Flood Insurance Rate Map.
(3)
Wetlands of special significance as defined by the Department of Environmental Protection.
(4)
Stream channels, as measured from the top of banks, and other surface water bodies, as measured from the high-water mark.
(5)
Areas with sustained slope of 33% or more. Slope areas of 20% to 33% shall also be deducted unless the developer can demonstrate to the Planning Board's satisfaction that the slopes will be used as part of the overall plan for the development, that they are stable for structures, if so utilized, and that any slope development will minimize soil erosion and comply with the Maine State Plumbing Code.
D.
Net residential acreage requirement for subdivisions and site plans. The total available gross acreage less the areas of the site which are not suitable for development because of topography, natural drainage, or subsoil conditions. The net residential acreage shall be determined by subtracting unsuitable areas in site plan and subdivision projects from the gross acreage of the parcel. The following original land areas shall be considered unsuitable and shall be deducted from the gross acreage of the parcel:
[Amended 3-18-2024]
(1)
Areas that are, because of existing land uses or lack of access, isolated and unavailable for building purposes or for use in common with the remainder of the parcel.
(2)
Areas within Zone V or VE, coastal flood with velocity hazard, a floodway or a 100-year flood hazard area, as shown on the Federal Flood Boundary and Floodway Map or Federal Flood Insurance Rate Map.
(3)
Wetlands.
(4)
Stream channels, as measured from the top of banks, and other surface water bodies, as measured from the high-water mark.
(5)
Areas with a sustained slope of 33% or more. Slope areas of 20% to 33% shall also be deducted unless the developer can demonstrate to the Planning Board's satisfaction that the slopes will be used as part of the overall plan for the development, that they are stable for structures, if so utilized, and that any slope development will minimize soil erosion and comply with the Maine State Plumbing Code.
E.
Maintenance of minimum and maximum yard setback requirements. All structures, whether attached to principal structures or not, and whether open or enclosed, including porches, carports, balconies or platforms above normal grade level, shall not project into or otherwise lessen the required minimum front, rear or side yards. Driveways and parking spaces may be considered as part of side or rear yard setback requirements, provided that no vehicle is parked closer than five feet from the lot line or as required in Table 4-1, whichever is greater.
F.
Exceptions to minimum lot and yard setback requirements.
(1)
As of January 2, 1985, unenclosed, roofed structures (such as porches and carports) that are lawfully existing shall be permitted to be enclosed, provided that the new walls will not extend closer to the lot line than the existing roof and that they shall be not less than five feet from any lot lines.
(2)
Along existing residential streets which were developed prior to 1985, a single-family detached dwelling, a two-family dwelling, or an addition to either, other than a detached garage or carport, may be permitted to be built with a front setback equal to the average front setbacks of the existing houses on the immediately adjacent lots. However, new construction shall not be closer than 15 feet from the front lot line without a variance.
G.
Exceptions to maximum height requirements. A height in excess of the height limit specified in Table 4-1 for the applicable zoning district may be permitted for certain structures, provided they do not constitute a hazard to an established airport or neighboring properties. Structures excepted from height limits in Table 4-1 include:
(1)
Church spires, belfries, monuments, tanks, water and fire towers, stage towers and scenery lofts, amusement park rides, silos, cooling towers, ornamental towers, spires, chimneys, elevator bulkheads, smokestacks, conveyors, flagpoles, pools, windmills.
(2)
HVAC, and similar structures and utilities that does not exceed 10 feet in height, and is set back at least 10 feet from the edge of the structure's roof, and does not exceed 30% of the total roof area.
(3)
Radio and television transmission towers, microwave transmission towers, common-carrier towers, cellular telephone towers, alternative tower structures, and similar structures. Also includes small wind energy system towers.
H.
Conversions of dwellings or structures to multifamily use. Notwithstanding provisions of Article V of this chapter, dwellings or structures converted to a multifamily use shall comply with the minimum lot area and minimum lot area per dwelling unit requirements in Table 4-1, regardless of whether the existing structure meets the district's dimensional requirements. If a building which is nonconforming with respect to any other standards of Table 4-1 is proposed for conversion to multifamily in any district where multifamily is permitted or conditional, the conversion shall be considered a conditional use, subject to the conditional use standards of Article XIV and subject to a finding by the Planning Board that this nonconformance does not cause the use to violate any of the conditional use standards or special standards of Article XIV for certain conditional uses.
I.
Back lots. One new back lot may be created from any lot of record that existed on July 17, 1989 and conforms to the lot requirements of Table 4-1 except for the lot frontage requirement, provided that:
(1)
Each will be limited to one single or one two-family dwelling.
(2)
The back lot and front lot will conform to the minimum lot area and minimum lot area per dwelling unit required in the district.
(3)
The back lot is at least as wide at the site of the proposed dwelling as the frontage measurement required in the district.
(4)
The back lot has a deeded access to a publicly accepted street. This access may be obtained by:
(a)
A right-of-way that is a minimum of 20 feet wide across the front lot that is deeded to the owner of the back lot; or
(b)
Extension of the back lot to the public street so that the back lot has at least 25 feet of frontage on the street. The creation of the back lot shall not make the front lot more nonconforming in street frontage or make the front lot nonconforming with respect to street frontage if it is conforming.
(5)
The back lot and the front lot shall share the same driveway entrance if access to the back lot is obtained through a right-of-way or the street frontage of the front lot is located on a road functionally classified as an arterial or collector, except in cases where it is not possible because of the location of the existing structure on the lot or because of difficult terrain.
(6)
Each dwelling unit on the back lot is served by a residential sprinkler system meeting the requirements of NFPA and approved by the Saco Fire Department or each dwelling unit is less than 500 feet from a public road or less than 1,000 feet from a hydrant approved by the Fire Department. These measurements shall be made along the driveway and roadway, not cross-country.
(7)
The back lot is accessed by a minimum of a twelve-foot-wide driveway. If the road is curved additional width may be required by the Fire Department to allow for the safe passage of emergency vehicles.
(8)
A turnaround area approved by the Fire Department shall be provided for public safety vehicles.
(9)
Street numbering shall be approved by the City's emergency departments and the Assessor. A sign or mailbox clearly stating the street number shall be posted at the street before occupancy.
(10)
If a public sewer line passes in the street in front of the lot from which the back lot will be created, the back lot shall be required to connect to the sewer when the house is built.
(11)
If a public water line passes in the street in front of the lot from which the back lot will be created, the back lot shall be required to connect to the public water when the house is built.
J.
Lot standards. The following apply to new lots created after April 18, 2001:
(1)
Lots in which a narrow strip(s) of land, with a width of less than 25% of the required minimum street frontage for the zoning district in which the lot is located, is used to join other portions of the lot in order to meet the minimum lot area, minimum lot area per dwelling unit, or minimum street frontage requirements are prohibited.
(2)
Narrow strips of land along a street with a depth of less than the minimum front yard requirement for the zoning district in which the lot is located shall not be counted in meeting the minimum street frontage requirement.
(3)
Prior to issuance of a building permit, the Code Enforcement Officer may request that a wetlands delineation be submitted to verify that a portion of a proposed building lot adequate for building construction and septic system installation consists of upland. If an area of wetlands equal to or greater than Maine Department of Environmental Protection Natural Resource Protection Act thresholds for development review is proposed for alteration, a copy of the NRPA permit shall be submitted prior to issuance of a building permit.
K.
Existing interior lots of record without any road frontage as of January 2, 1985, shall be eligible for a building permit, notwithstanding the absence of street frontage.
L.
If a single point of access (curb cut) to Route 1 is shared between two or more parcels, frontage may be reduced to 150 feet for each parcel in the Portland Road District.
M.
Elder/disability housing density bonus. Notwithstanding the minimum lot area per dwelling unit requirements of the dimensional standards table:
(1)
For elder/disability housing uses and elder/disability care facility uses connected to City sewer and public water in the LDR, MDR, GB, MB, HB, SI, and PR, a modified per dwelling unit density shall be available, as follows, provided that the average number of bedrooms per dwelling unit remains at or below 1.5, as follows:
§ 230-403 (Reserved) [1]
[1]
Editor's Note: Former § 230-403, Multiple dwellings on uses on one lot, was repealed 9-25-2023.
§ 230-404 Special provisions for Downtown District.
A.
Within new commercial or mixed-use structures, each retail occupancy is limited to 4,500 square feet.
B.
Within structures constructed prior to 2020, a single new retail use is limited to 4,500 square feet.
C.
The first floor of buildings along Main Street in the Downtown District shall be comprised of commercial/retail space that maintains downtown New England character.
§ 230-405 Special provisions for General Business District.
The first floor of buildings along Elm Street in the General Business District shall be comprised of commercial/retail space that maintains or enhances downtown New England character.
§ 230-406 Sheds.
In residential districts, if the shed is under 120 square feet and is not served by electricity, the shed is only required to meet a five-foot side or rear yard setback requirement. No dimension (length, width, height) of the building shall exceed 12 feet. Only one shed per lot shall be permitted to meet this five-foot setback standard. Sheds shall be erected no closer to the front lot line than the extension of the line created by the front wall of the principal structure on the lot. Any other sheds or outbuildings shall meet the standards herein. No variance of the minimum five-foot setback requirement shall be granted by the Zoning Board of Appeals.