South Berwick City Zoning Code
ARTICLE IV
Land Use District Requirements
§ 140-15 Purpose.
The purposes of the land use districts are as follows:
A.
Resource Protection District. To control the use of shoreland and other areas to provide maximum protection to the land and water resources. Such areas include but are not limited to wetlands, swamps, marshes, bogs, poorly drained soils, one-hundred-year floodplains and significant wildlife habitats.
B.
Shoreland Slope District.
(1)
To provide maximum protection to the land and water resources with controls of use and development of undeveloped shoreland areas.
(2)
To minimize expenditures of public monies for flood-control projects.
(3)
To minimize rescue and relief efforts undertaken at the expense of the general public.
(4)
To minimize flood damage to public facilities, such as water mains, sewer lines, streets, roads and bridges.
(5)
To protect the storage capacity of floodplains and assure retention of sufficient floodway area to convey flood flows which reasonably can be expected to occur.
(6)
To encourage open space uses, such as agriculture and recreation.
C.
Rural Overlay District - RO.
(1)
To allow low-density residential housing while retaining the rural residential character of the Town in accordance with the goals and ideals of the Comprehensive Plan, by requiring the preservation of natural buffers strips along existing and proposed roads.
D.
Agamenticus Resource District - R5.
(1)
To protect the "Mt. Agamenticus area" in accordance with the goals and principles of the Comprehensive Plan.
(2)
To allow for low-density housing, while creating a contiguous area of important natural resource systems, scenic beauty and recreational opportunity.
(3)
To minimize those uses which could prove detrimental to the environment of the Mt. Agamenticus area.
E.
Rural Residential District - R4.
G.
Developing Residential District - R2.
H.
Suburban Growth District - R2A. To provide an additional area for future suburban growth contingent upon the provision of water and sewer services.
I.
Village Residential District - R1. To provide areas of medium to high-density residential development in locations compatible with existing development and in a manner appropriate to the economical provision of community services and utilities.
J.
Village Residential Growth District - R1A. To provide an additional area for future village growth contingent upon the provision of water and sewer services.
K.
Business and Service District - B2.
(1)
To protect residences, residential character and residential amenities.
(2)
To provide locations for business and service establishments and mixed-use properties consistent with the needs of a growing Town for expanded personal and professional services.
(3)
To encourage the location of service uses along existing service corridors in a zone where lot sizes permit sufficient parking and amenities necessary for those uses.
(4)
To provide a limited area for the establishment of light industries which do not intrude on abutting properties.
L.
Central Commercial - B1.
(1)
To encourage the location of commercial uses on those lands within the community which are best suited for such development.
(2)
To protect the present commercial development from the blight, congestion and inconvenience caused by inappropriate and poorly located development of commercial facilities.
(3)
To avoid the economic disadvantage of providing essential services to commercial facilities which would occur if commercial facilities developed in a strip fashion along highways and major thoroughfares.
(4)
To provide areas in which the location of public facilities can serve the greatest number of people as economically as possible.
(5)
To provide areas for high-density residential development in locations compatible with existing development and in a manner appropriate to the economical provision of community services and utilities.
M.
Business Residential District – BR.
[Added 5-11-2009]
(1)
To maintain the streetscape of a gateway of the Town while allowing for professional and small business development.
(2)
To provide an area with high visibility for mixed-use, including residential and low-impact business enterprises.
(3)
To preserve the existing residential streetscape while encouraging limited business uses in presently established buildings, and the residential, architectural and historical character of the area.
N.
Industrial Districts - I1 and I2.
[Amended 5-11-2009]
(1)
To promote the location of light industry or high-value business where services and transportation facilities presently exist or can reasonably be provided, in areas which are best suited for such development.
(2)
To prevent inappropriate juxtaposition of industrial uses and residential uses.
(3)
To provide effective sighting and controls on those uses which, by virtue of their size or external effect (noise, waste discharge, glare, fumes, dust, smoke, traffic generation and parking areas, etc.), could otherwise create nuisances or unsafe or unhealthy conditions.
§ 140-16 Basic requirement.
Permitted uses and those uses requiring site plan review in all districts shall conform to all applicable specifications and requirements. A plumbing permit, building permit, occupancy permit and/or a special use permit shall be required for all buildings, uses and sanitary facilities according to the provisions of this chapter.
§ 140-17 Land uses.
Land uses permitted in each district, in conformance with the performance standards of Articles V and VA, are listed in Table A which will be considered an integral part of this chapter.[1]
[1]
Editor's Note: Table A is included at the end of this chapter.
§ 140-18 Omitted uses.
Any use which is not listed as a permitted use or a use requiring site plan review is prohibited.
§ 140-19 Dimensional requirements.
Lots in all districts must meet or exceed the minimum requirements outlined in Table B, which will be considered an integral part of this chapter.[1] (Additional area may be required by other provisions of this chapter.)
[1]
Editor's Note: Table B is included at the end of this chapter.
§ 140-20 Density on division of land.
A.
The maximum net residential density (i.e., the number of dwellings per acre, excluding roads) allowable for any division of land or for construction or placement of more than one dwelling unit on a single parcel of land shall be calculated on the basis described in the table below. For example, in developments where sewer service is not being provided, all of the well-drained and moderately well-drained land may be included in the density calculations, plus one quarter of the poorly drained land. Development on divided land shall not occur in percentages greater than those listed in the table below.
Land Which May Be Included as Suitable Land When Calculating Net Residential Density | |||||
|---|---|---|---|---|---|
Excessively Drained, Well Drained and Moderately Well-Drained (percent) | Poorly Drained and Somewhat Poorly Drained (percent) | Very Poorly Drained (percent) | Slopes Greater Than 25% (percent) | ||
Public sewer | 100 | 50 | 0 | 25 | |
No public sewer | 100 | 25 | 0 | 0 | |
B.
A high-intensity soil survey by a licensed soil scientist may be required by the Planning Board or Code Enforcement Officer.
§ 140-21 General requirements.
A.
Principal building. If more than one principal building is constructed on a single parcel of land, all dimensional requirements shall be met separately for each principal building.
B.
Visibility at corner lots. All corner lots shall be kept free from visual obstruction for a distance of 25 feet measured along the intersecting street lines.
C.
Minimum frontage. Must be on a street, an existing deeded right-of-way or a new deeded right-of-way with a minimum width of 50 feet. Lots which abut a street, an existing deeded right-of-way or a new deeded right-of-way with a minimum of 50 feet shall have frontage meeting the requirements of § 140-19 and shall comply with § 140-70H.
D.
"Mixed use" means the development of a lot, building, structure or portion thereof with two or more different uses which cannot be accurately described as principal or accessory uses because none of the uses is clearly incidental and subordinate to another, or with a single operation, enterprise or activity which combines elements of two or more different uses and cannot be accurately described by one use definition. The determination that a mixed use exists or is proposed shall be made by the Code Enforcement Officer, subject to appeal to the Board of Appeals as an administrative appeal under § 140-76B. Mixed uses are allowed only under the following conditions:
(1)
Each use must comply with all performance standards of this chapter applicable to that use.
(2)
Where different dimensional requirements apply to the different uses, the more restrictive requirements shall apply to the entire mixed use.
(3)
If any of the uses requires site plan approval, the Planning Board shall consider the impacts and effects of the entire mixed use when the Board applies the site plan approval criteria and when the Board determines what limiting conditions, if any, are required.
(4)
Where there is any conflict or inconsistency between any of the standards of this chapter as applied to the different uses, the more restrictive standards shall govern the entire mixed use.