Saco City Zoning Code
ARTICLE VII
Performance Standards
§ 230-701 Accessory dwelling units (ADU).
[Amended 7-25-2022]
A.
Purpose: The City of Saco provides these accessory dwelling unit (ADU) regulations to increase the supply of affordable housing, encourage provision of housing that meets the needs of a variety of household types, encourage infill development that is compatible in scale and character with existing residential uses, and to encourage infill development that makes better use of existing public investment in streets and utilities.
B.
Applicability: Accessory dwelling units are permitted as an accessory use to any new or existing single-family residence in zoning districts where ADUs are permitted. ADUs can be attached to or within the principal residence or detached and separate from the principal residence. An attached ADU is an apartment that is accessory and subordinate to the principal use of a property as a single-family dwelling. Whether attached or detached, no more than one ADU may be authorized for each individual building lot. To be authorized, all ADUs must be designed and constructed in accordance with the standards specified in Subsection E below.
C.
An authorized ADU shall not be considered a second dwelling unit for the purposes of calculating the required minimum lot area per dwelling unit of Zoning Code Article IV.
D.
No ADU may be rented on less than a monthly basis. Short-term rentals of ADUs of less than one month in duration are prohibited.
E.
Standards:
(1)
Any new construction for an ADU or principal residence must meet all applicable setbacks, lot coverage, and building height requirements.
(2)
The maximum size of any ADU is 1,000 square feet of total floor area. To be authorized, an ADU must be accessory to a principal residence. The minimum size of any ADU is 400 square feet.
[Amended 9-25-2023]
(3)
All ADUs shall be constructed on permanent foundations that meet applicable building codes.
(4)
Attached ADUs can be located anywhere within an existing or proposed single-family residential building, provided that applicable dimensional requirements are met.
[Amended 9-25-2023]
(6)
A detached ADU shall share the existing access drive of the primary residential dwelling unit.
(7)
A detached ADU must be designed and constructed to be visually compatible with the principal residence. Building proportions, exterior finish materials, fenestration and trim, roof pitch, and other architectural details shall be similar or complementary to those aspects of the principal residence.
(8)
If the lot is served by public sewer, both the single-family home and the ADU must be connected to public sewer.
(9)
If the lot is served by public water, both the single-family home and the ADU must be connected to public water.
(10)
Fire protection: Sprinkler systems or other fire suppression systems approved by the Fire Department are required for all detached ADUs. For ADUs attached to or within existing residences, fire suppression systems are only required where they are already installed in the existing residence.
F.
Permit required: A building permit or certificate of occupancy from the City of Saco is required for construction or formation of a legal ADU.
G.
Authority: The Saco Code Enforcement Office is responsible for enforcing this section. The Code Enforcement Office Director may make interpretations of this section to provide a degree of flexibility in administration of these requirements while fulfilling the intent of the City Council.
§ 230-702 Adult businesses.
A.
Location. Adult businesses shall not be located:
(1)
In locations where the customer entrance to the adult business would be closer than 500 feet, measured in a straight line, to the nearest point on the boundary of any property that is:
(2)
In any location where the customer entrance would be closer than 1,000 feet to the nearest point on the boundary of any property which is occupied by another adult business.
B.
Displays. There shall be no outside displays, window displays, or interior displays visible from the outside of the building, of any materials, text or devices displaying, exhibiting or describing specified sexual activities, sexual materials, or paraphernalia.
C.
Time of operation. No adult business shall be open for business from 11:00 p.m. to 7:00 a.m.
D.
Review authority. Proposals for adult businesses are subject to site plan review.
E.
Operating standards. No adult business shall be permitted to operate viewing booths or viewing facilities.
§ 230-703 Affordable housing developments.
[Added 9-25-2023[1]]
A.
The City of Saco adopts the following standards to comply with State Statute 30-A § 4364-A and to increase affordable housing options throughout the City. Affordable housing developments shall comply with the definitions of Chapter 230 and the following criteria:
(1)
A majority of the total units on the lot and within the project are affordable;
(2)
The development is served by both public water and public sewer;
(3)
The development complies with minimum lot size requirements;
(4)
The proposed developer provides capacity to serve verification in writing from public water and city sewer utilities;
(5)
The developer provides in writing verification of long-term affordability as follows:
(a)
Prior to granting a certificate of occupancy or other final approval of an affordable housing development, a municipality must require that the owner of the affordable housing development (a) execute a restrictive covenant that is enforceable by a party acceptable to the municipality; and (b) record the restrictive covenant in the appropriate registry of deeds to ensure that for at least 30 years after completion of construction:
[1]
For rental housing, occupancy of all the units designated affordable in the development will remain limited to households at or below 120% of the local area median income at the time of initial occupancy.
[2]
For owned housing, occupancy of all the units designated affordable in the development will remain limited to households at or below 120% of the local area median income at the time of initial occupancy.
§ 230-704 Agriculture.
A.
Animal breeding or care. The keeping or raising of animals, including fowl, for any agricultural purposes is subject to the following standards:
(1)
All pens, stables, barns, coops, or other building shelters for animals shall be set back no less than 150 feet from lot lines.
(2)
Animal breeding or care is permitted only on lots of five acres or greater. The area of water bodies and wetlands may be included in calculating lot size.
(3)
No manure shall be stored within 300 feet of the normal high-water line of any water body, watercourse, wetland, or wells used to supply water for human consumption.
(4)
The landowner shall fence in areas on the lot in which the animals are allowed to roam with a fence of a type and height adequate to contain livestock.
(5)
Kennels and runs shall be constructed of masonry or a similar material to provide for cleanliness, ease of maintenance, and noise control.
B.
Noncommercial keeping of chickens.
(1)
The keeping of a small number of female domestic chickens shall be allowed on a noncommercial basis. The intent of this section is to prevent noise, odor, unsanitary animal living conditions, unsanitary waste storage and removal, the attraction of predators, rodents, insects, or parasites, loose animals leaving the owner's property, and to ensure that domestic chickens do not adversely impact the neighborhood.
(a)
A maximum of six chickens per lot are permitted.
(b)
Chickens must be kept in a clean, dry, and odor-free enclosure at all times. Chickens shall be secured within a henhouse during nondaylight hours but may be allowed in a securely fenced yard or chicken pen during daylight hours, provided they do not disturb the use or enjoyment of neighboring lots due to noise, odor or other adverse impact.
(c)
Henhouses, chicken pens, and fences in yards for chickens shall only be located in rear yards and subject to a twenty-five-foot setback from all property lines. For a corner lot or other property where no rear yard exists, a side yard may be used as long as the twenty-five-foot setback is met.
(d)
Provision must be made for the storage and removal of chicken manure to the satisfaction of the Animal Control Officer. All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three cubic feet of manure shall be stored at one time. In addition, the henhouse, chicken pen, and surrounding area must be kept free from trash and accumulated droppings.
(e)
Odors from chickens or chicken manure shall not be perceptible at the property boundaries.
(3)
Permits required.
(a)
A permit is required from the Code Enforcement Office for the keeping of domesticated chickens. The permit is specific to the permittee and may not be assigned. In the event that the keeping of chickens is discontinued for longer than six months, the permit shall become void.
(b)
A building permit is required for the construction of a henhouse and chicken pen, or conversion of any existing structure or portion of structure.
C.
Farm stands. Roadside stands for the sale of agricultural products shall be considered an accessory use and permitted in districts where retail sales otherwise are not allowed. These stands shall adhere to the following standards:
(1)
The farm stand meets the setback requirements of the district it is located in and is setback a minimum of 35 feet.
(2)
The farm stand has a gross floor area, inclusive of outside sales area adjacent to the structure, of not more than 2,000 square feet.
(3)
Parking spaces are provided off the road right-of-way.
(4)
The farm stand is accessory to the principal use, i.e., a commercial agricultural business.
(5)
Products sold at the farm stand are limited to the following:
(a)
Agricultural products produced as part of the commercial agricultural use on site.
(b)
Foodstuffs from products produced as part of the commercial agricultural use.
(c)
Other locally or regionally produced foodstuffs, including processed food products such as jams, jellies, pickles, sauces, or baked goods.
(d)
Locally or regionally produced handicrafts, whether produced on or off the premises.
(e)
Produce grown on nearby residential properties.
(6)
The sales area devoted to the sale of foodstuffs and handicrafts not produced by the commercial agricultural use shall not exceed 50% of the total sales area.
§ 230-705 Campgrounds.
A.
Campground design.
(1)
A campground must be constructed on at least 10 acres of land, and all camping units or structures shall be located at least 200 feet from any residence not owned or used by the campground owners.
(2)
Each area proposed for a tent site or parking space for a travel trailer, pickup camper, motorized camper, tent trailer, or similar temporary structure must be at least 2,500 square feet in area. The sites shall be roughly rectangular, with no dimension less than 30 feet.
(3)
No rigid enclosed addition shall be affixed to a recreational vehicle other than a recreational vehicle accessory enclosure.
(4)
A vegetative buffer strip is required in areas visible from neighboring properties.
(5)
No new campsites shall be created within 100 feet of the exterior lot lines of a campground.
B.
Park operations.
(1)
Parks shall be open only between April 15 and October 31. From November 1 to April 14 of the following year, no person shall occupy any site, the water services to all sites shall be turned off or disconnected, and the electrical service to all sites shall be turned off or disconnected. Storage of unoccupied recreational vehicles is permitted when the park is closed.
(2)
The normal maintenance of open space areas, roads, and utilities in a campground shall be the responsibility of the campground's management. Normal maintenance activities do not require a permit, and include:
(a)
Installation of bark mulch, wood chips, compost, and loam for landscaping and play surfaces purposes.
(b)
Repair and maintenance of roadways and parking areas, provided facility dimensions are not expanded beyond existing conditions and existing stormwater volumes and drainage patterns are not altered.
(c)
Addition of no more than four inches of crushed stone and/or gravel to existing driveways, parking areas, drainage facilities, and play areas.
C.
Permitted accessory uses are primarily for the use of registered occupants of the campground:
(1)
Administrative and maintenance facilities.
(2)
Active and passive outdoor recreational facilities, including, but not limited to, ball fields, shuffleboard courts, swimming pools, playgrounds, and trails.
(3)
Indoor assembly and recreational facilities.
(4)
Restrooms, washrooms, and shower facilities.
(5)
Self-service and coin-operated laundry facilities.
(6)
Convenience stores and retail located at least 100 feet from a public street and not open to members of the public who are not registered occupants or guests of registered occupants of the campground.
(7)
Freestanding decks, sheds, and recreational vehicle accessory enclosures.
(8)
Dumping stations for the discharge of liquid septic and gray water wastes from a recreational vehicle or trailer holding tank. All dumping stations shall be connected to a public sewer, or sealed holding tanks. Dumping stations are for the use of registered occupants of the campground only.
D.
Prohibited uses. No trailer, recreational vehicle, or mobile homes which contains more than 400 square feet shall be located anywhere within the campground.
§ 230-706 Earth removal.
A.
Applicability. This section governs the removal of 50 or more cubic yards (in any one calendar year) of material, including without limitation, topsoil, rock, sand, gravel, clay, peat, or other similar material from its natural location. Blasting activities are regulated by Chapter 71 of the City of Saco Code. Earth removal use and activities conducted within a Shoreland Zoning Overly District may also require review and approval as mineral extraction under § 230-808.
C.
Expansion of operations. The removal of earth may not be extended as a nonconforming use beyond the setback lines required of the specific lot or parcel of land upon which such removal operations are in progress at the time at which such use has become nonconforming without securing a variance from the Board of Appeals. Adjacent parcels in the same or different ownerships shall not be eligible for exemption under the nonconforming use provisions unless earth removal operations have been in progress on those adjacent parcels prior to the enactment of these provisions.
D.
Standards. Earth removal operations must meet the following standards:
(1)
Permit required. No existing rock, gravel or sandpit will be extended or expanded until the owner has complied with the provisions of this chapter and obtained a permit therefor.
(2)
No operation shall create any disturbances of water sources. Fill shall not restrict a floodway, channel, or natural drainageway.
(3)
No operation shall result in the discharge of contaminants to any surface water or groundwater resource.
(4)
The operation, when terminated, shall not detract from the appearance or value of nearby property.
(5)
The operation shall not abuse or destroy the ecological balance of the area.
(6)
The edge of working operations shall be set back a minimum of 150 feet from property lines.
(7)
No excavation shall be extended below the grade of adjacent streets unless the excavation is situated at least 150 feet from the street line.
(8)
The operation shall be shielded from nearby property with adequate screening, consisting of a vegetated buffer at least 15 feet wide, planted with the following:
(a)
Shade trees that are a minimum of 2.5 inches to three inches caliper, planted at least every 35 feet along the road frontage and along common property lines.
(b)
Dense medium-height shrubs that are greater than three feet in height on maturity. The Planning Board may allow the use of earth berms, stone walls and other permanent landscape features to substitute for some of the shrub requirements.
(9)
Soil shall not be left in a disturbed, unreclaimed state any longer than necessary, and shall be treated in accordance with an approved soil erosion and sediment control plan that demonstrates that hazards from excessive slopes or standing water are avoided.
(10)
Where an embankment must be left upon the completion of operations, it shall be at a slope not steeper than one foot vertical to four feet horizontal. Embankments around any pond or water body also shall be a slope not steeper than one foot vertical to four feet horizontal, and this gradient shall extend at least six feet from the edge of said water body toward its center. These dimensional standards shall also apply to the creation of new farm ponds, and the recontouring of existing ponds when such recontouring is proposed by the applicant.
(11)
Topsoil and subsoil suitable for purposes of revegetation shall, to the extent required for restoration, be stripped from the location of extraction and stockpiled for use in restoring the location after extraction operations have ceased. Such stockpiles shall be protected from erosion consistent with erosion prevention standards in this chapter, and a soil erosion and sediment control plan approved by the Planning Board.
(12)
All vehicles removing material from an earth removal operation shall be covered to prevent materials from falling from the vehicle. It shall be the responsibility of the owner of the earth removal operation to ensure compliance.
(13)
All access/egress roads leading from the excavation site to public ways shall be treated with approved materials, such as bituminous pavement, crushed stone, or concrete, to reduce dust and mud for a distance of at least 100 feet from such public ways. Public ways giving access to the site shall be kept free of clay, gravel, mud or other materials from the earth removal operation.
(14)
No earth removal activity shall utilize a substandard public road for primary access.
(15)
Excavation of peat deposits shall, where permitted, be conducted in accordance with all Natural Resources Conservation Service best management practices. Where ponds or standing water will be created or enlarged by the excavations, the resulting depth shall be controlled in order to avoid creating pools of stagnant water or other conditions unsuitable for fish and waterfowl (after reclamation). After consulting with technical experts, the Planning Board may require the creation of islands or an irregular-shaped shoreline in order to create favorable waterfowl nesting habitat conditions. Discharges into adjacent water bodies or watercourses shall minimize increases in turbidity, sedimentation, pH levels, or fiber pollution which would be likely to affect fisheries.
(16)
The hours of operation of the extraction site shall be limited to 7:00 a.m. to 8:00 p.m. unless otherwise specified by the Planning Board.
(17)
A reclamation plan, in conformance with the standards in the "Maine Erosion Sediment Control Handbook for Construction: Best Management Practices" by the Cumberland County Soil and Water Conservation District and the Maine Department of Environmental Protection, latest revision, shall be submitted, to be reviewed and found acceptable by the Planning Board. No permit shall be issued without a financial guarantee to ensure compliance with the reclamation plan. The financial guarantee shall be in an amount recommended by the CEO and approved by the Planning Board sufficient to guarantee implementation of the approved reclamation plan.
(18)
No permit shall be issued for a period to exceed three years, although such permit may be renewed, prior to expiration, for additional periods in the same manner. At the point of renewal, the Planning Board may require conformance with new provisions of the rules and regulations governing the permitted operations and may recalculate the surety guarantee accordingly.
E.
Conditions. The Planning Board may impose other reasonable conditions to safeguard the health, safety, and welfare of the community, including those that relate to:
(1)
Type and location of temporary structures.
(2)
Routes for transporting material.
(3)
Provision of temporary or permanent drainage.
(4)
Disposition of stumps, brush and boulders.
(5)
Cleaning, repair, and/or resurfacing of streets used in removal activity.
(6)
Approval from the Department of Environmental Protection for all extraction activities.
(7)
Restrictions on times of hauling material to avoid conflicts with periods of heavy pedestrian or school traffic.
F.
Insurance. Every property owner, before commencing removal of earth material, shall file with the Code Enforcement Department a certificate of insurance, in an amount not less than $1,000,000, against liability arising from production or activities or operations incident thereto conducted or carried out under or by virtue of any law or ordinance imposed by the Planning Board, and such insurance shall be kept in full force and effect during the period of operation and for 12 months thereafter. No existing rock, gravel or sandpit will be extended or expanded until the owner has complied with the provisions of this chapter and obtained a permit therefor.
G.
Exemptions. The following earthmoving activities shall be exempt from these standards:
(1)
The removal or transfer of less than 50 cubic yards of material from or onto any lot in any twelve-month period.
(2)
The removal or transfer of material incidental to construction, alteration, or repair of a building or in the grading and landscaping incidental thereto.
(3)
The removal or transfer of material incidental to construction, alteration, or repair of a public or private way or essential services.
(4)
Gravel pit with a valid, local approval prior to January 2, 1985.
§ 230-707 Essential services.
Special dimensional standards for essential services and structures that are necessary for the furnishing of essential services:
A.
Structures under 400 square feet are exempt from the minimum lot and yard requirements of Table 4-1.
B.
City sewer pump stations may be up to 950 square feet and retain their exemption from this chapter's dimensional requirements if they are in a business or industrial zone and at least 50 feet from a dwelling unit.
§ 230-708 High-voltage transmission lines.
A.
Findings. High-voltage transmission lines have the appearance of large-scale industrial facilities and are frequently incompatible with nearby residential areas. The City intends to limit or mitigate, where possible, such adverse impacts.
B.
Burial. All high-voltage transmission lines shall be buried where they pass within 200 feet of any residence, school building, school playground, publicly owned recreational facility, field or park, or any occupied place of employment, but otherwise they may be placed aboveground. When installed underground, they shall be installed in locations and in sections of sufficient length so that unsightly transition structures shall be minimized.
§ 230-709 Home-based retail in residential districts.
A home-based retail use must meet the following standards:
A.
In order to retain the essential residential character of the neighborhood, sales, storage, and display of merchandise shall occur within a building. In residential districts, home-based retail uses shall be located only within residential structures or accessory structures that existed as of January 11, 2021.
B.
Existing buildings are not required to conform to setbacks.
C.
All outside lighting shall be shielded to avoid glare and light trespass.
D.
Exterior alterations shall be minimized.
E.
Outdoor storage is prohibited.
F.
The floor area used for the business shall not exceed 1,000 square feet, or 50% of the existing building floor space, whichever is greater.
G.
No food or beverages are sold by the business.
H.
Parking for home-based retail uses shall be located to the side or rear of buildings.
I.
New parking spaces and new access drives shall be 10 feet from side and rear lot lines.
J.
For both new and existing parking areas, the Planning Board may impose conditions of approval, including plantings, fences, earth berms, and other screens as buffers, to ensure adequate protection for neighbors.
K.
Hours of operation shall be limited to 8:00 a.m. to 6:00 p.m. unless otherwise approved by the Planning Board.
§ 230-710 Home occupation.
A.
Permitted uses. A home occupation shall include, but not be limited to, the following:
(1)
Art studio or other crafts studio.
(2)
Tailor or seamstress.
(3)
Personal services salons, limited to no more than two clients at one time.
(4)
Pet care, limited to no more than two clients at one time.
(5)
Teaching or tutoring facility.
(6)
Primarily online businesses, where activity occurs primarily off-premises.
(7)
Office of a lawyer, engineer, architect, accountant, planner, software or website developer, realtor, insurance agent, medical/dental professional, or other similar professional.
C.
Standards. A home occupation must meet the following standards:
(1)
The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto.
(2)
Not more than two employees, other than family members, shall be employed in the home occupation.
(3)
There shall be no exterior display, no exterior sign except as permitted by this chapter, no exterior storage of materials, and no other indication of the home occupation, or variation from the residential character of the building.
(4)
No nuisance, adverse noise, vibration, smoke, dust, odors, heat, glare, or electrical disturbance shall be generated.
(5)
No traffic shall be generated by such home occupation in such volumes that it will create hazardous conditions in the neighborhood.
(6)
The home occupation shall not occupy more than the equivalent of 25% of the total floor area of the dwelling unit.
(7)
Home occupations in residential districts are reviewed by the Planning Board as conditional uses, or by staff as minor conditional uses.
§ 230-711 Manufactured housing units, siting requirements.
A.
Manufactured housing units that are placed on lots outside of mobile home parks shall comply with the following standards:
(1)
Be constructed in accordance with applicable state and federal standards.
(2)
Have a pitched roof with a minimum pitch of two inches vertical for each 12 inches of horizontal run and be covered by wood, asphalt, or fiberglass composition shingles.
(3)
Have exterior wall surfaces covered with materials similar to conventional construction, such as, but not limited to, cedar shakes, wood, vinyl, or metal clapboards, boards, and batten siding, etc., but not including flat, ridged, or corrugated metal or plastic panels.
(4)
Be placed on a permanent foundation such as a concrete pad over gravel base, with skirting around the bottom of the structure, or a concrete frost wall, or a full basement, consistent with 30-A M.R.S.A § 4358.
(5)
Be sited such that a minimum horizontal dimension of 14 feet faces the street.
B.
Requirements specific to elder non-congregate detached housing. Notwithstanding Subsection A above and the City’s Subdivision Ordinance,[1] manufactured housing and on-site built homes and the lots upon which they are located in an elder noncongregate detached housing development shall meet the following standards:
(2)
Be sited on lots not less than 5,000 square feet in size, which lot shall not have less than 50 feet of frontage on any public or private way.
(3)
There may only be one dwelling on a lot. The minimum footprint for any one dwelling shall comply with HUD code minimum size requirements.
(4)
No structure built or placed on such lots shall have less than 15 feet of front yard setback, 10 feet of side yard setback, and a fifteen-foot rear setback.
(5)
Structures built on such lots shall not exceed 45% coverage of the lot area and shall not exceed a height of 35 feet.
(6)
Such lots shall be serviced by public sewer and water, although the infrastructure within the development may be privately owned and maintained. Individual wells or septic systems are not permitted.
(7)
Electrical, telephone, and cable service shall be installed underground throughout the property.
(8)
Exterior streetlighting for the project shall be provided to sufficiently illuminate internal roads.
(9)
Landscaping, including trees, shall be provided throughout the property and on each individual lot.
(10)
Adequate provisions for vehicular and pedestrian circulation shall be provided.
(11)
To the extent a standard set out herein conflicts with a standard in the City's site plan standards, the standards set out herein shall control.
§ 230-712 Marinas.
A.
Purpose. The purpose of this section is to establish minimum requirements for the siting, design, construction, and operation of marinas to serve the needs of boaters, to protect natural resources, and to protect the public's health, safety, and welfare.
B.
Applicability. This section applies to:
(1)
A marina that is proposed as a new use, or a proposed expansion of an existing marina, and that includes five or more slips or moorings, or provides berthing for commercial vessels that can accommodate more than 20 people.
(2)
A vessel maintenance or repair yard that is on or adjacent to the water.
(3)
Boat ramps.
C.
Standards. A marina use shall meet the following standards:
(1)
Marinas shall only be located in areas which offer safe and convenient access to waters of navigable depth. Safe and convenient access shall be determined by factors such as existing water depths, the size and draft of vessels for which the marina is proposed, and tidal and wave action.
(2)
Marinas shall be designed to minimize adverse impacts on the existing use and enjoyment of nearby waters.
(3)
Marinas shall be sited and designed to afford adequate protection against wakes caused by vessel traffic, to the maximum extent practicable.
(4)
Adequate restroom facilities for the use of marina patrons shall be provided to encourage the use of shoreside facilities, to discourage the overboard discharge of untreated or inadequately treated sewage from vessels, and to protect water quality.
(5)
Vessel maintenance areas shall be sited as far from the water as is practicable and shall be designed so that all maintenance activities that are potential sources of air or waterborne contaminants shall be accomplished over dry land or indoors. A management plan for the control and disposal of hazardous materials, by-products, debris, residues, spills, and stormwater runoff from maintenance areas shall be submitted. All drains from maintenance areas shall lead to a sump, holding tank, or pump-out facility from which the wastes can be removed for treatment and/or disposal.
(6)
Fuel storage and delivery facilities shall be in accordance with local and state fire codes and NFPA 303, "Fire Protection Standards for Marinas and Boatyards." All vessel fueling operations shall be undertaken at the fueling station or other specifically designated remote location in accordance with NFPA 302, "Fire Protection Standards for Pleasure and Commercial Motor Crafts."
(7)
Life safety equipment. Flotation devices shall be provided at regular intervals throughout the marina to ensure the safety of marina users.
(8)
Lighting shall be in accordance with United States Coast Guard and United States Army Corps of Engineers requirements and the provisions of this chapter. In general, lighting shall be designed to ensure public safety while minimizing visual impacts.
(9)
The owner or operator of a proposed marina shall maintain, at a minimum, insurance policies for comprehensive general liability, marina operators' legal liability, pollution coverage/endorsement/riders, and any other policies as may be mandated by state or federal agencies as part of permitting approval processes. Verification of said policies shall be submitted to the City prior to the issuance of a certificate of occupancy by the CEO.
(10)
Marina structures in, on or over submerged lands shall be designed to comply with applicable requirements of the State of Maine and with the following:
(a)
They shall be designed to minimize adverse impacts on navigation, public use of waters, and natural resources.
(b)
They shall not significantly restrict water flows.
(c)
The width and length of all structures shall be limited to what is reasonable for the intended use and shall minimize the shading of marine vegetation.
(d)
Barrier-free access for the handicapped that complies with the Americans with Disabilities Act and the Architectural Barriers Act Accessibility Guidelines.
(e)
They shall have sufficient strength to resist all anticipated loading required of buildings in Saco, including, but not limited to, dead, live, wind, earthquake, snow, and impact loading.
(f)
They shall not be constructed using creosote-treated timber.
(g)
No structure shall exceed 35 feet in height, as measured either from the mean original grade at the downhill side of the structure or from the surface of the water.
(h)
An applicant for a marina shall present evidence of application for a submerged lands lease from the State of Maine, where required as part of right, title and interest.
§ 230-713 Medical marijuana.
Where permitted by this chapter, uses engaged in the provision of medical marijuana, including caregiver, shall comply with the following standards:
A.
Neither of the referenced uses shall be permitted to generate offensive or harmful odors perceptible beyond their property lines, either at ground or habitable elevation.
B.
Neither of the referenced uses shall be allowed in a location less than 500 feet, measured in a straight line, to the nearest point on the boundary of any property which is occupied by a public or private school, day-care center, or day-care home.
C.
An enclosed outdoor area used for the cultivation of marijuana shall have a privacy fence at least six feet high that obscures the view of the marijuana in order to discourage theft and unauthorized intrusion.
D.
There shall be no outside displays, window displays, or interior displays visible from the outside of the building intended to attract attention to or generate interest in either of the referenced uses.
E.
Adequate measures for security of the facility, which may include a security system, security fencing, security cameras and other measures, shall be demonstrated to the satisfaction of the Code Enforcement Office prior to issuance of either a building permit or a certificate of occupancy. The Code Officer shall consult with the Police Department if the adequacy of proposed security measures is in question.
F.
The owner(s) of a building intended for lease to a caregiver (growing) or a growing facility shall apply for and receive a business license from the City Clerk's office. Each lessee within said building shall apply for and receive a business license from the City Clerk's office. Failure to secure a City of Saco business license shall disqualify either an owner or a lessee from operating as a caregiver (growing) or a growing facility in Saco.
G.
A caregiver (growing) or a growing facility shall receive an annual safety inspection by the Fire Department, Code Office, and Electrical Inspector.
H.
Both a caregiver (growing) and a growing facility shall identify all principal officers/owners by name and address.
I.
Evidence of compliance with all applicable state laws shall be submitted to the Code Enforcement Office prior to issuance of a certificate of occupancy.
§ 230-714 Mobile home parks.
A.
Subdivision review. Proposed new mobile home parks and proposed expansions of existing mobile home parks shall be subject to review as, and shall meet all the requirements of, a residential subdivision and shall conform to all applicable state laws and local ordinances and regulations. No development or subdivision approved as a mobile home park may be converted to another use without the approval of the Planning Board. The new use shall meet the appropriate space and bulk standards and other requirements of this chapter, the Subdivision Regulations and other City ordinances.
B.
Permits required. It shall be unlawful for any person to construct, maintain, operate or alter any mobile home park within the limits of the City of Saco unless the owner holds a valid permit issued annually by the Building Inspector in the name of such person or persons or firm for the specific mobile home park.
C.
Issuance of permits. The Building Inspector shall annually renew such permit contingent upon compliance with all regulations in this chapter. An inspection shall be performed by the Building Inspector to assure such compliance.
D.
Location. Mobile home parks shall be located only in the Mobile Home Park Overlay District as shown of the official City of Saco Zoning Map.
E.
Standards.
(1)
Lot and yard requirements. Notwithstanding the dimensional requirements in Table 4-1 and the limitation on community septic systems in the Subdivision Regulations, lots in a mobile home park shall meet the requirements below. If a smaller residential lot site is permitted, then it prevails over the 6,500 square feet, providing the lot is sewered:
Standard | Dimension (feet) |
|---|---|
Minimum lot area | |
Sewered | 6,500 square feet |
Unsewered | 20,000 square feet |
With central system approved by Maine Department of Human Services, Saco Plumbing Inspector and Planning Board1 | 12,000 square feet |
Minimum site area per dwelling unit2 | |
Sewered | 6,500 square feet |
Unsewered | 20,000 square feet |
With central system approved by Maine Department of Human Services, Saco Plumbing Inspector and Planning Board1 | 12,000 square feet |
Street frontage, minimum | |
Sewered | 65 |
Unsewered | 100 |
With central system approved by Maine Department of Human Services, Saco Plumbing Inspector and Planning Board1 | 75 |
Depth of front yard on private streets, minimum | |
Sites smaller than 10,000 square feet | 10 |
Sites larger than 10,000 square feet | 15 |
Depth of front yard on public streets, minimum | 20 |
Width of side and rear yards, minimum | |
Sites smaller than 10,000 square feet | 10 |
Sites larger than 10,000 square feet | 15 |
Lot coverage, maximum | 30% |
Height, maximum | 35 |
NOTES: | |
1 | The overall density of any park served by any subsurface wastewater disposal system shall not exceed one dwelling unit per 20,000 square feet. Lots within any shoreland zoning district shall meet the space and bulk standards for that district. |
2 | See Table 4-1, Note 4. |
(2)
Construction standards. Mobile homes shall be placed on a permanent foundation that complies with the provisions of 30-A M.R.S.A § 4358. If a slab is used, tie-downs shall be installed to manufacturer's specifications and skirting shall be installed around the bottom of the structure.
(3)
Registration of owner. Mobile home park operators shall maintain a register of all owners of mobile homes in the park. The register shall be available for inspection by the Assessor, CEO, law enforcement officers, public health officials, and other officials whose duties necessitate acquisition of the information contained in the register. The register and records shall not be destroyed for a period of five years following the date of registration. The register shall contain:
(4)
No mobile home shall remain in a mobile home park unless a lot is available.
(5)
Alterations and additions must comply with the applicable City and state statutes, codes and ordinances.
(6)
Maintenance. The owners of mobile home parks shall be responsible for ensuring the maintenance of all park-owned structures and their sites.
(7)
Compliance. Park management shall conform to state laws. Compliance with this chapter shall not exempt the park owner, developer, or manager from complying with other applicable local, state, and federal codes and regulations.
(8)
Change of use. No mobile home park may be converted to another use without the approval of the Planning Board.
F.
Inspection. The CEO is hereby authorized and directed to make inspections to determine the condition of mobile home parks located within Saco in order that the CEO may perform the duty of safeguarding the health and safety of occupants of mobile home parks and of the general public. The CEO shall have the power to enter at reasonable times upon any property as permitted by 30-A M.R.S.A § 4452, Subsection 1A.
G.
Park administration. The owner or operator of a mobile home park shall be responsible for ensuring the maintenance of all park-owned structures and their sites. Park management shall conform to state laws. Compliance with this chapter shall not exempt the park owner, developer, or manager from complying with other applicable local, state, and federal codes and regulations.
§ 230-715 Offices in residential districts.
Standards. In residential districts where offices are permitted as conditional uses, offices shall comply with the following standards, in addition to any other applicable review standards:
A.
In order to preserve neighborhood character, offices shall be located only within converted residential structures, except as allowed in Subsection D below.
B.
Parking for offices shall be located to the side or rear of the building.
C.
All outdoor lighting shall be shielded to avoid glare and light trespass.
D.
In special situations where a building is extremely dilapidated and structurally unsound and where reuse is therefore not practicable or economically feasible or where a building is not judged to be a significant component of the neighborhood's overall architectural and historic character, the Planning Board may approve plans to replace an existing residential building with a new office building whose scale and design would be compatible with the neighborhood. The Board shall obtain the recommendation of the Saco Historic Preservation Commission before granting permission to demolish. In the Historic District, and on historic sites, the decision on demolition shall rest entirely with the Historic Preservation Commission.
E.
Outdoor storage is prohibited.
§ 230-716 Outdoor merchandise sales.
Adequate off-street parking shall be provided in such a manner that the visibility of drivers along the public roads is not reduced. All display tables shall be cleared and removed to a location not visible from the road at the end of each business day.
§ 230-717 Outdoor storage.
A.
Outdoor storage is prohibited within 100 feet of public ways, and is limited to registered boats and registered recreational vehicles, including registered camp trailers.
B.
Cargo and shipping containers are prohibited in residential districts.
C.
Outdoor storage is also prohibited within the side, rear, and front setbacks. Vehicle registrations must be readily available for inspection.
D.
Human habitation is not permitted in stored recreational vehicles, trailers, boats, and cargo containers.
E.
Outdoor storage of vehicles or other equipment awaiting repairs is prohibited. Vehicles displayed for sale are not to be construed as outdoor storage.
§ 230-718 (Reserved) [1]
[1]
Editor's Note: Former § 230-717, Master Planned Development, was repealed 3-22-2021.
§ 230-719 Seasonal rental of dwelling units.
B.
Seasonal dwellings shall be occupied by only one family, and no portion shall be sublet to another party.
C.
Properties approved by the City as seasonal dwellings shall not include facilities and accommodations that would serve to circumvent this chapter by creating independent or semi-independent suites of rooms that might be rented separately. Such facilities and accommodations might include, but are not limited to, kitchen facilities or partial kitchen facilities; microwave ovens, hot plates, or other cooking devices, multiple laundry facilities, additional cable television connections, or independently metered utilities, additional sinks and other plumbing; additional entrances beyond those customary in a dwelling unit; and entrances which are separate from common areas of the dwelling unit and that allow a room or suite of rooms to be occupied separately from the unit as a whole.
§ 230-720 Small wind energy system.
A.
Purpose. To regulate the installation of small wind energy systems (SWES) in order to promote the safe and efficient use, to reduce the on-site consumption of utility-supplied electricity, and to minimize visual, environmental, and operational impacts.
B.
Submission requirements. The following shall be submitted to the CEO:
(1)
Specifications and drawings, detailing the power-generation capacity, hub and blade, prepared by the manufacturer or a professional engineer.
(2)
Proposed height.
(3)
A line drawing, photograph or equivalent graphic representation of the wind turbine.
(4)
Structural drawings of the wind tower, base or foundation, prepared by the manufacturer or a professional engineer. If attachment to an existing structure is proposed, a description or drawing acceptable to the Code Enforcement Office shall be submitted.
(5)
Documentation from the manufacturer that the SWES will produce noise levels in compliance with the standards specified in this chapter.
(6)
Photographs of the proposed site.
(7)
If connection to the publicly regulated utility grid is proposed, a copy of the contract between the applicant and the utility verifying that the proposed connection is acceptable and other evidence making clear that the utility is aware of the proposed connection and finds it acceptable.
C.
Height. SWES height shall be the distance measured from the ground level to the center of the turbine. SWES installed on municipal property shall be exempt from all height requirements. SWES located on all other nonmunicipal property are exempt from the dimensional requirements of Table 4-1 but shall be limited to 100 feet.
D.
Siting restrictions. The CEO shall find that the following standards will be met prior to issuance of a building permit for a SWES:
(1)
Illumination, signals, signs, and antennas are prohibited on SWES, except as required by the Federal Communications Commission or the Federal Aviation Administration.
(2)
All elements of a SWES shall be set back a distance equal to the length from the ground to the center of the turbine from all boundaries of the applicant's property or shall adhere to the side yard or rear yard setback, whichever is greater. If setback less that equal to the length from the ground to the center of the turbine is proposed from all boundaries, then the CEO shall require that the SWES and foundation design be certified by a Maine licensed professional engineer.
(3)
If site layout is such that a structural failure of an SWES could reasonably be anticipated to be a threat to abutting properties that would be harmed by such a failure, then proof of insurance against failure shall be submitted to the City. Said insurance shall be maintained provided the SWES remains in place.
(4)
More than one SWES shall be permitted per lot.
(5)
The SWES shall be designed with a monopole without guy wires support structure.
(6)
Lattice towers are prohibited.
E.
Noise limits.
(1)
Both a manual and automatic braking, governing, or feathering system shall be required to prevent uncontrolled rotation.
(2)
After approval and installation of the SWES, the CEO may require the applicant to perform sound measurements at the closest property line to determine ambient and operating decibel levels.
(3)
Sound shall not exceed the following limits (Table 7-2) at the lot lines of the abutting properties:
Table 7-2 Sound-Pressure Level Limits For SWES Sound-Pressure Level Limits Measured in dBA | ||
|---|---|---|
District | Day | Night |
Industrial districts | 65 | 60 |
Business and mixed-use districts | 60 | 50 |
Residential districts | 55 | 45 |
§ 230-721 Soil suitability for land uses and roads.
A.
All development shall be situated on soils that are suitable to support the proposal, and that do not cause adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution.
B.
Applicants for new roads shall prepare soil borings every 150 feet of the road length for review by the Public Works Director or designee. Proposed public and private roads will only be allowed when soil borings indicate that the subsoils are adequate to sustain the proposal.
§ 230-722 Commercial solar energy systems.
A.
Purpose. The City of Saco finds that it is in the public interest to encourage the development and use of commercial solar energy systems as a clean, renewable energy source, and to help promote sustainable initiatives. The purpose of this section is to facilitate the effective and efficient use of large-scale, ground-mounted, commercial solar energy systems while protecting the public's health, safety, and welfare.
B.
Applicability.
(1)
The requirements of this section shall apply to all commercial solar energy systems.
(2)
All commercial solar energy systems shall be designed, erected and installed in accordance with all applicable local, state, and federal codes, regulations, and standards.
(3)
Commercial solar energy systems shall comply with all applicable building, plumbing and electrical codes and with all applicable requirements of this chapter.
(4)
Any modification, upgrade, or structural change that materially alters the size, placement or output of an existing commercial solar energy system shall comply with this section.
C.
Scope of review. Commercial solar energy systems, including any modifications, upgrades, or structural changes, are subject to site plan review, and in addition shall meet the following standards.
(1)
Utility connections. Applicant shall make reasonable efforts to place all utility connections underground, depending on appropriate soil conditions and topography of the site, and any requirements of the utility provider. Electrical transformers for utility interconnection may be above ground if required by the utility provider.
(2)
Visual impact. Applicant shall make reasonable efforts to minimize visual impacts by preserving natural vegetation, screening abutting properties, and protecting scenic resources.
(3)
Glare. Solar panel placement shall be prioritized to minimize or negate any solar glare onto nearby properties, public gathering places or roadways without unduly impacting the functionality or efficiency of the commercial solar energy system.
(4)
Natural resources. Applicant shall make reasonable efforts to protect wetlands, watersheds, working agricultural lands, surface waters, slopes greater than 20%, as well as undeveloped habitat blocks, high-value plant and animal habitats and focus areas of ecological significance as mapped by the Maine Department of Inland Fisheries and Wildlife's Beginning with Habitat Program.
(5)
Location. Commercial solar energy systems are prohibited in shoreland zones, within 75 feet of the normal high-water line of a stream, and within 250 feet of the normal high-water line of any great pond or river and the upland edge of significant coastal and freshwater wetlands, including all areas affected by tidal action.
(6)
Emergency services. The owner or operator of a commercial solar energy system shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief. Upon request the owner or operator shall cooperate with the Fire Department in developing an emergency response plan. All means of shutting down the system shall be clearly marked on the plan. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.
(7)
Maintenance. The owner or operator of a commercial solar energy system shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the Fire Chief. The owner or operator shall be responsible for the cost of maintaining the access road(s).
D.
Dimensional requirements.
(1)
Lot coverage. Outside of the shoreland zone, solar collectors are exempt from and not subject to lot coverage requirements.
(2)
Height. Ground-mounted solar collectors shall not exceed 20 feet in height as measured from the base of the support.
(3)
Setbacks. Commercial solar energy systems must comply with the setback requirements of underlying districts, provided, however, that and all structures, including solar panels, must be setback at least 100 feet from any abutting residential property.
E.
Decommissioning. A commercial solar energy system that has reached the end of its useful life, or has been abandoned, shall be removed. A commercial solar energy system that has had its operation discontinued for one year or more is presumed abandoned. The owner shall remove the installation no more than one year after the date of discontinued operations. Removal shall consist of:
(1)
Physical removal of all commercial solar energy systems, structures, equipment, security barriers and transmission lines from the site.
(2)
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
(3)
Stabilization or revegetation of the site as necessary to minimize erosion. The Code Enforcement Officer may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
F.
Financial guarantee for removal.
(1)
At the time of approval, the applicant for a new commercial solar energy system shall submit to the City an evergreen financial guarantee, to be approved by the City Attorney, in the amount of 150% of the estimated costs of the removal tasks set out in Subsection E above, such estimated costs to be determined by the City Engineer or other duly designated person, The owner or operator may apply to the City Planner for release of that the financial guarantee at such time that it or its successors or assigns complete the removal tasks set out in Subsection E above to the satisfaction of the City Engineer.
(2)
If the owner or operator of the commercial solar energy system fails to remove the commercial solar energy system in accordance with the requirements of Subsection E above, the City retains the right, but not the obligation, to use the financial guarantee and any other available means to cause the removal of the commercial solar energy system in accordance with the requirements of Subsection E above.
G.
Submission requirements. In addition to the submission requirements in the Site Plan Ordinance,[1] the City Planner and/or Planning Board may request additional items necessary to demonstrate and document that all standards have been met. Additional submission requirements include but are not limited to:
(1)
Information on any proposed connections to the grid including any proposed off-site modifications to provide grid connections, access the installation, or to maintain the proposed solar energy system and grid connections.
(2)
An operations and maintenance plan prepared and stamped by a licensed professional engineer or other licensed professional as appropriate.
(3)
Detailed reclamation plan explaining how out-of-service solar panels will be removed and/or replaced, found acceptable to the Planning Board.
(4)
Decommissioning plan explaining how the solar energy system will be removed and the site will be stabilized upon discontinuance of the solar energy system's operation or its abandonment.
§ 230-723 Swimming pools.
A.
General. Swimming pools may be permitted in any district as an accessory use to a dwelling for the private use of the owners or occupants and their families and guests.
B.
Permit required. A building permit from the CEO is required.
C.
Standards. To receive a building permit, a swimming pool application must meet the following standards:
(1)
Setbacks.
(a)
No swimming pool shall be constructed closer than 10 feet from the side or rear lot line, nor closer to the front line of any lot than would be permitted for buildings or other structures. Mechanical equipment related to the maintenance of a swimming pool shall not be located closer to a property line than the minimum setback dimension of the zoning district.
(b)
All other water recreation and water storage facilities shall comply with the setback requirements of the zoning districts in which they are located.
(2)
Fencing.
(a)
The swimming pool shall be entirely enclosed by a fence no less than four feet high to prevent uncontrolled access by small children. The fence shall have no openings larger than four inches. Gates in the fence shall be kept securely locked at all times when the owner or occupant is not present.
(b)
Pools that are four feet or more above ground may be exempt from the fence requirement if all access ramps, stairways or ladders are removed or equipped with locking gates for use when unattended.
(3)
If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.
(4)
If the water for such pool is supplied by the public water supply system, the inlet shall be above the overflow level of the pool.
(5)
Pools shall be chemically treated in a manner sufficient to maintain the bacteria standards established by the provisions of the State Sanitary Code relating to public swimming pools.
(6)
No loudspeaker device that can be heard beyond the property lines of the premises on may be operated, nor may any lighting directly illuminating beyond the property be installed.
§ 230-724 Traffic and highway access.
A.
Curb cuts.
(1)
On collectors and arterials, no use or development on a single lot or on separate but contiguous lots shall have more than one curb cut serving the use or development. In the course of site plan review under Chapter, 179, Site Plan Review, the Planning Board may allow a second curb cut, provided no more than one curb cut shall be on the same public right-of-way, unless the curb cuts are designed to operate as a one-way pair.
(2)
Curb cuts serving lots on Routes 1, 5 and 112 that provide access to one or more of said routes shall, for each lot, be separated by at least 500 feet as measured along the street line. To the extent possible, new development along these routes shall share common points of access. The Planning Board may impose reasonable conditions to require joint access on both developed and undeveloped lots adjoining the site. Entrances to developed commercial lots shall be kept clear of parked cars to enable good access and to prevent cars from stacking onto public roads.
B.
Sight distance. Any exit driveway serving five or more parking spaces shall be so designed as to provide the following recommended exiting sight distance measured in each direction. Sight distances shall be measured from the driver's seat of a vehicle, a distance of 10 feet behind the edge of the traveled way from a height of eye at 3.5 feet to an object 3.5 feet above the pavement. The Planning Board shall give preference to the recommended sight distance rather than the minimum. However, where the driveway is moved to the optimum position on the lot, and the Planning Board determines that an adequate level of traffic safety has been attained, the Planning Board may permit less than the recommended distance Table 7-3.
Table 7-3 Recommended and Minimum Required Sight Distance for Parking Area Driveways | ||
|---|---|---|
Allowable Speed (miles per hour) | Recommended Distance (feet) | Minimum Required Distance (feet) |
20 | 225 | 200 |
25 | 280 | 250 |
30 | 335 | 300 |
35 | 390 | 350 |
40 | 445 | 400 |
45 | 500 | 450 |
50 | 555 | 500 |
55 | 610 | 550 |
C.
Review by Public Works Department. Any proposed new curb cut on a public way shall be reviewed and approved by the Saco Public Works Department in accordance with the above standards and such other standards relating to drainage and traffic safety as the Department shall require.
D.
Corner clearance for driveways. Corner clearance is the minimum distance, measured parallel to a roadway, between the nearest curb, pavement, or shoulder line of an intersecting public way and the nearest edge of a driveway entrance or exit, excluding its radii. The recommended corner clearance for entrances for unsignalized intersections is 100 feet with a minimum of 50 feet. The recommended corner clearance for signalized intersections is 125 feet with a minimum of 75 feet.
E.
Implementation of off-site traffic improvements. When improvements to roads or intersections within the study area are required as part of a condition of approval of a site plan, conditional use, or other permit, these improvements must be implemented prior to occupancy of the development, except where the following occurs:
(1)
Maine Department of Transportation (DOT) impact fee is applied.
(a)
Impact fee payment. The applicant has paid or will pay an impact fee for future improvements; and
(b)
Impact fee use. The impact fee will be used to make the required improvements by Maine DOT; and
(c)
Improvement plan approval. The improvement plan has been reviewed and approved for implementation by the City and Maine DOT; and
(d)
Schedule. The improvements are scheduled for implementation within three years of the initial occupancy of the development; or
(3)
Where improvements are to be implemented by Maine DOT or the City of Saco. The applicant demonstrates that the necessary traffic improvements have been identified by the Maine DOT or the City of Saco as improvements which will be implemented; or
(4)
Where monitoring will be performed by the applicant. The applicant will be responsible for monitoring safety and/or traffic conditions. The approval conditions may also make the applicant responsible for implementation of improvements if the specified monitoring conditions are met.
§ 230-725 Wireless telecommunications facilities, towers and antennas.
A.
Intent. The intent of these standards is:
(1)
To minimize the adverse impacts of new wireless telecommunications facilities, including the tower, antennas, and accessory structures associated with such facilities. Such impacts include but are not limited to visual, environmental, health and safety, property value impacts, and impacts to historically significant areas.
(2)
To require co-location of carriers where feasible, thereby minimizing the number of facilities located within the City.
(3)
To encourage the utilization of alternative tower structures, thereby minimizing the number of facilities located within the City.
(4)
To permit the construction of new facilities only where all other reasonable opportunities have been exhausted.
(5)
To provide for the removal of facilities no longer in operation.
(6)
To ensure that provisions are made for the reservation of space on a proposed facility that will enable the City of Saco's public safety needs are met.
B.
Standards. In addition to meeting the conditional use standards of this chapter and the Site Plan Ordinance[1] standards, proposed wireless telecommunications facilities shall also meet the following standards:
(1)
Telecommunications structures are limited to 190 feet in height. Lesser heights shall be encouraged. The height of the proposed tower shall not exceed that which is essential for its intended use, nor pose a threat to public safety.
(2)
Illumination, signals, and signs are prohibited on telecommunications towers and antennas, except as required by the Federal Communications Commission and the Federal Aviation Administration.
(3)
A new or expanded telecommunications structure shall comply with setback requirements for the zoning district in which it is proposed, or be set back 105% of its height from all property lines, whichever is greater. The latter requirement may be satisfied by including areas outside the property boundaries if secured by an easement.
(4)
Towers, guys and accessory facilities shall meet the minimum zoning district setback requirements.
(5)
The design of buildings and related structures shall use materials, colors, textures, screenings, and landscaping that will allow the telecommunications facility to blend with the natural setting and the built environment to the extent possible.
(6)
A security fence or wall not less than eight feet in height shall be installed around the telecommunications facility and all accessory buildings. Access to the tower shall be via a lockable gate.
(7)
Visual impacts on the community due to line of sight of the tower or facility from historic structures, public or natural areas, or residential neighborhoods shall be minimized and mitigated.
(8)
When possible, existing structures shall be used as an alternative to the development of new towers, antennas, or other facilities. Shared use and co-location are mandatory, where feasible.
C.
Conditions. The Planning Board may establish reasonable conditions related to the standards of this section to ensure conformity with the purposes of this chapter and the Comprehensive Plan.
D.
Exemptions. The following are exempt from the provisions of this section:
(1)
Emergency wireless telecommunications facilities for emergency communications by public officials.
(2)
Facilities on property owned, leased, or otherwise controlled by the City of Saco for the sole purpose of municipal use.
(3)
Amateur ham radio stations licensed by the Federal Communications Commission.
(4)
An antenna that is an accessory use to a residential dwelling unit.
E.
Submission requirements.
(1)
A map and list of all existing wireless telecommunications facilities within the City of Saco and all directly abutting communities, including specific locations, heights, and types of tower.
(2)
A description of the proposed facility's area of service and how it relates to the applicant's existing or proposed area of service in northern York and southern Cumberland Counties.
(3)
A written statement detailing the carrying capacity of the proposed facility in terms of the number and types of antennas it is designed to accommodate.
(4)
A written statement prepared by a qualified professional addressing why a new facility is necessary. This statement shall provide details such as, but not limited to existing and proposed service area maps; future expansion needs in the area; the lack of existing facilities to service the area; the lack of space on existing facilities; and/or why existing facilities may not be adequately engineered for co-location purposes.
(5)
Certification by a structural engineer that the proposed facility will meet all federal, state, and City of Saco code requirements.
(6)
A visual impact analysis that quantifies the level of visual impact on properties located within 500 feet, within 2,000 feet and within two miles of the proposed structure. Said analysis shall include:
(a)
Photo simulations of the proposed structure taken from perspectives determined by the City Planner. The photo simulations shall include the proposed visual impact on historic structures, public areas and residential neighborhoods. Each photo shall be labeled with the line of sight and elevation and shall show the color of the proposed structure.
(b)
Elevation drawings of the proposed structure and accessory structures, showing height above ground level.
(c)
A landscaping plan indicating the placement of the structure on the proposed site; location of existing structures, trees, and all other significant features of the site; type and location of vegetation proposed to screen the base of the structure and accessory buildings; placement and type of fencing that shall enclose the entire telecommunications facility; color of the structure; and proposed lighting.
F.
Financial guarantee. Upon approval and prior to issuance of a building permit, a financial guarantee acceptable to the City Planner to ensure the timely removal of towers and antennas that are abandoned shall be submitted. Financial guarantee requirements are outlined in Article III, § 179-3.01G of the City's Site Plan Ordinance. A wireless telecommunications facility that is not operated for a continuous twelve-month period shall be considered abandoned. The financial guarantee shall include a mechanism satisfactory to the City Planner for review of the cost of removal of the facility every five years, and a mechanism for increasing the amount of the guarantee should the revised cost estimate increase.
§ 230-726 Small-scale energy facilities.
[Added 10-3-2022]
A.
Purpose. The City of Saco provides these small-scale energy facilities standards to encourage development of renewable energy sources by Saco property owners in a manner that is compatible in scale and character with existing and future neighborhoods while maintaining public safety and welfare.
B. SMALL-SCALE ENERGY FACILITIES
Definitions. As used in this section, the following terms shall have the meanings indicated:
Facilities or equipment that produces energy from the sun, wind, or water and does not comprise a commercial solar energy system. Equipment is typically mounted to building roofs, freestanding poles or supports, or directly on the ground.
C.
Applicability.
(1)
These standards apply to all small-scale energy facilities proposed to be located on private property. Any modification, upgrade, or structural change that materially alters the size or location of a small-scale energy facility shall comply with this section.
(2)
Small-scale energy facilities are allowed as an accessory use in all Saco zoning districts. Small-scale energy facilities as a principal or standalone use of a parcel is prohibited.
D.
Exemptions. The following are exempt from the standards and procedures of this section:
(1)
Facilities which comprise commercial solar energy systems.
(2)
Facilities located in public rights-of-way.
(3)
Facilities accessory to life-safety devices, traffic lights, or other public service equipment.
(4)
Temporary facilities used for powering portable equipment used for construction, street safety, special events, or other temporary uses.
E.
Process.
(1)
Building and electrical permits from Saco's Code Enforcement Office shall be obtained prior to installation of any small-scale energy facility. Before operation, electrical connections must be inspected by the Code Enforcement Officer or their designee.
(2)
Any connection to the public utility grid must be inspected by the appropriate public utility unless waived by the public utility.
(3)
A certificate of appropriateness shall be obtained prior to City issuance of a building permit for any small-scale energy facility proposed to be located in Saco's Historic Preservation Overlay District.
(4)
Approval from the Saco River Corridor Commission shall be obtained prior to City issuance of a building permit for any small-scale energy facility proposed to be located in the Saco River Corridor Commission Overlay District.
(5)
Conditional uses: The following small-scale energy facilities require conditional use approval by Saco's Planning Board prior to City issuance of building or electrical permits:
(6)
Building and electrical permits only: Rooftop-mounted facilities, side- or rear-wall-mounted facilities, and facilities located in side and rear yard areas not included in Subsection E(5)(a) require building permits from Saco's Code Enforcement Office. Conditional use approval is not required for these facilities.
F.
Standards
(1)
Setbacks: No small-scale energy facilities and appurtenant equipment may be located within the minimum setbacks of the underlying zoning district. Pole-mounted facilities shall be so located that if the pole fails, it could only fall upon the owner's premises.
(2)
Freestanding or ground-mounted small-scale energy facilities located in front yards in residential zoning districts shall be set back at least 75 feet from the front property line(s).
(3)
Area/lot coverage: The maximum footprint or lot coverage of ground-mounted or freestanding small-scale energy facilities is 2,000 square feet.
(4)
Equipment mounted on the building or roof shall not exceed the maximum allowed building height in the underlying zoning district.
(5)
Equipment mounted on buildings in residential districts shall not project more than five feet above or extend more than three feet beyond the wall or roof to which the equipment is attached.
(6)
Equipment mounted on the ground or on freestanding poles or structures shall not exceed 20 feet in height to the tallest point.
(7)
Screening via existing vegetation or landscaping shall be provided to minimize visual impacts on neighboring properties and nearby public areas. Support structures for ground-mounted solar facilities shall, to the extent reasonably feasible, use materials, colors and textures that complement the site context.
(8)
Panels and equipment shall be designed, located, or screened by trees or landscaping to minimize glare onto neighboring properties or public areas.
(9)
Small-scale energy facilities shall be designed and located in a manner that protects wetlands, watersheds, working agriculture lands, surface waters, slopes greater than 20%, high-value plant and animal habitats, and focus areas of ecological significance as mapped by the Maine Department of Inland Fisheries and Wildlife's Beginning with Habitat Program.
(10)
Installation conditions. The owner or operator of the solar energy system shall maintain the facility in good condition. Maintenance shall include painting, structural repairs, access road repairs and maintenance, groundskeeping, and integrity of security measures.
G.
Removal. Any small-scale energy facility which has reached the end of its useful life or has been abandoned shall be removed. The owner or operator shall physically remove the installation no more than one year after the date of discontinued operations. Removal shall consist of:
(1)
Physical removal of all small-scale energy facility systems, structures, equipment, security barriers, and transmission lines from the site.
(2)
Disposal of all solid and hazardous waste in accordance with local, state, and federal rules and regulations.
(3)
Stabilization or revegetation of the site as necessary to minimize erosion.
H.
Submission requirements. The Code Enforcement Officer, City Planner, or Planning Board may request additional items, including a site drawing or survey or opinions from experts, as may be necessary to demonstrate and document that all standards will be met. Additional submission requirements include but are not limited to:
(1)
Information on any proposed connections to the grid, including any proposed off-site modifications to provide grid connections, access the installation, or to maintain the proposed solar energy system and grid connections.
(2)
An operations and maintenance plan prepared and stamped by a licensed professional engineer or other licensed professional as appropriate.
(3)
Detailed reclamation plan explaining how out-of-service solar panels will be removed and/or replaced, found acceptable to the Planning Board.
(4)
Decommissioning plan explaining how the solar energy system will be removed and the site will be stabilized upon discontinuance of the solar energy system's operation or its abandonment.