Standish City Zoning Code
PART 1
Zoning
§ 181-1 Title.
This Part 1 shall be known and may be cited as the "Zoning Ordinance of the Town of Standish, Maine."
§ 181-2 Purpose.
The purpose of this Part 1 is to promote the health, safety and general welfare; to encourage the most appropriate use of land throughout the Town to promote traffic safety; to provide adequate light and air; to prevent overcrowding of real estate; to promote a wholesome Town environment; to prevent housing development in unsanitary areas; to provide an adequate street system; to promote the coordinated development of unbuilt areas; to encourage the formation of community units; to provide an allotment of land area in new developments sufficient for all the requirements of community life; to promote the prudent utilization of natural resources and to provide for adequate public services.
§ 181-3 Terms defined.
[Amended 6-2-1998 by Order No. 49-98; 11-12-2002 by Order No. 115-02; 5-13-2003 by Order No. 21-02; 5-13-2003 by Order No. 21-02; 10-14-2003 by Order No. 139-03; 6-7-2005 by Order No. 34-05; 5-9-2006 by Order No. 37-06; 5-2-2007 by Order No. 25-07; 7-8-2008 by Order No. 164-07; 2-8-2011 by Order No. 119-10; 8-9-2011 by Order No. 55-11; 1-8-2013 by Order No. 29-12; 1-8-2013 by Order No. 119-12; 4-8-2014 by Order No. 11-14; 5-12-2015 by Order No. 18-15; 5-12-2015 by Order No. 17-15; 5-12-2015 by Order No. 18-15; 6-5-2018 by Order No. 29-18; 3-12-2019 by Order No. 147-18; 2-11-2020 by Order No. 116-19; 6-1-2021 by Order No. 28-21; 6-1-2021 by Order No. 28-21; 11-9-2021 by Order No. 74-21; 11-9-2021 by Order No. 74-21; 4-12-2022 by Order No. 32-22; 6-6-2023 by Order No. 26-23; 6-6-2023 by Order No. 25-23; 6-6-2023 by Order No. 26-23; 9-12-2023 by Order No. 62-23; 9-10-2024 by Order No. 83-24; 11-12-2024 by Order No. 110-24; 2-11-2025 by Order No. 133-24; 5-13-2025 by Order No. 22-25]
As used in this Part 1, the following terms shall have the meanings indicated:
The owner of a property sharing a common boundary with another property or within 250 feet of a given piece of property, whether or not these properties are separated by a public or private way. Owners shall be considered to be parties listed by the Tax Assessor of Standish and the ones against whom taxes are assessed.
A way or means of approach to provide vehicular or pedestrian entrance or exit to a property.
Any driveway, street, curb cut, turnout or other means of providing for the movement of vehicles to or from the public/private roadway network.
A subordinate building incidental to and located on the same lot with the main building which is customarily a garage, workshop, bunkhouse and the like. A detached accessory dwelling unit shall not be considered an accessory building.
Separate living accommodations located within and subordinate to an existing primary residential use or located within a detached structure that meets building code requirements for a dwelling unit but that is subordinate to an existing primary residential use. An accessory dwelling unit requires Code Enforcement Officer approval and is subject to the standards contained herein under § 181-35.5.
A use which is incidental and subordinate to the principal use. Accessory uses in the aggregate shall not subordinate the principal use of the lot.
Forty thousand square feet.
Providing day-care services on a regular basis, for financial consideration, for four to 12 unrelated adults who are medically dependent on others for assistance. Care services shall not be provided for more than 12 hours during any twenty-four-hour period. This use can be operated out of a residence or as a standalone center.
As defined in 28-B M.R.S.A. § 102(1), as may be amended.
A "cultivation facility" as that term is defined in 28-B M.R.S. § 102(13), as may be amended. An adult use marijuana cultivation facility is a facility licensed under Title 28-B of the Maine Revised Statutes. An adult use marijuana cultivation facility other than a nursery marijuana cultivation facility, Tier 1 marijuana cultivation facility or Tier 2 marijuana cultivation facility is prohibited in Standish.
A residential development as defined in 30-A M.R.S.A. § 4364(1), as may be amended.
Includes the cultivation of the soil for food products or other useful or valuable growths of the field or garden, nursery stock and noncommercial greenhouses, but does not include dairying, the raising of livestock or the breeding or keeping of animals, fowl or birds where the same is carried on as a business or gainful occupation.
Permits dairying, the raising of livestock and the breeding or keeping of animals, fowl or birds as a business or gainful occupation.
Standish's arterials are State Routes 11, 25, 35, 113, 114, 237, Saco Road and any street that is designed to be used, or is used, to carry an average daily traffic (ADT) volume of at least 3,000 vehicles per day. These major streets serve to carry high volumes of traffic into, through and out of the Town.
A yard, field or other area used to store three or more unserviceable, discarded, worn-out or junked motor vehicles as defined in 30A M.R.S.A. § 3752, as amended.
A lot without frontage on an existing way.
A single-family dwelling in which the residents of the dwelling provide(s) short-term overnight lodging to paying guests in a maximum of seven guest rooms located within the dwelling or permitted attached structures. Breakfast shall be the only meal served and shall be limited to overnight guests.
Land area of a parcel excluding its unbuildable area. This area is used in determining the number of lots permitted in a conservation subdivision.
Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property.
The total of areas taken on a horizontal plane at the main finished grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between exterior faces of walls.
The space in a development shown on the plan and approved by the Planning Board within which a structure is permitted to be built on a lot and that is defined by maximum height regulations and minimum yard setbacks and that does not include land not suitable for development.
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat and mansard roofs, and to the average height between the eaves and ridge for other types of roofs.
A building used primarily for conducting the affairs of a business, profession, service, industry or government, or like activity, and may include ancillary services for office workers such as a restaurant, newspaper or candy stand.
Any premises established for overnight use for the purpose of camping and for which a fee is charged.
A place where vehicles, of any size, are washed on a commercial basis.
A place where vehicles of any size are washed on a commercial basis, that is not clearly visible from the Form Based Code Village District street.
An area used for the interring of the dead.
A building, or group of buildings, which are primarily intended for the conduct of religious services and associated accessory uses, with the exception of schools.[1]
A person appointed by the Town manager to administer and enforce this Part 1. Reference to the "Code Enforcement Officer" may be construed to include the Building Inspector, Plumbing Inspector, Electrical Inspector and the like, where applicable.
A street whose principal function is to carry traffic between local and arterial streets, but that may also provide direct access to abutting properties. It serves, or is designed to serve, directly or indirectly, more than 150 dwelling units but not more than 300 dwelling units, and is designed to be used, or is used, to carry an average daily traffic (ADT) volume of at least 1,500 but not more than 3,000 vehicles per day.
An accredited degree-granting institution of higher (postsecondary) education.
Body repair work, painting and related mechanical repairs of vehicles with GVW not exceeding 14,000 pounds, to include metal fabrication for vehicular purposes; there are no fuel sales.
A place designed and equipped for the conduct of sports and leisure-time activities operated as a business and open to the public for a fee.
The processing of timber or logs, on a site other than the logged site, into fuel wood, lumber or other products for resale.
Land for recreation and enjoyment of an association of residents, for the enjoyment of its residents.
A housing facility for eight or fewer persons with disabilities which is approved, authorized, certified or licensed by the state. A community living facility may include a group home foster home, or intermediate care facility. A community living facility is deemed a single-family use of property for the purposes of zoning.
Any part or element of the overall plan or policy for development of the Town.
One where the lamp or light bulb is housed within a frame or container and is not visible.
A lot under contiguous ownership which meets the full dimensional requirements for the zone in which it is located to include frontage, lot width and area. Deeded rights to an area of commonly owned land, such as in a cluster subdivision, shall not be included in the calculation of dimensions. Neither the Zoning Board of Appeals nor the Planning Board shall have the authority to grant a variance, exception or waiver from the use limitation contained in Article III for conforming lots.
A nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include: retaining or protecting natural, scenic or open space values of real property; assuring its availability for agricultural, forest, recreational or open space use; protecting natural resources; or maintaining or enhancing air or water quality of real property.
An alternative form of residential development where, instead of subdividing an entire tract into lots of conventional size, the same or a similar number of housing units are arranged on lots of reduced dimensions, with the remaining area of the parcel permanently protected as designated open space.
Drawings showing the location, profile, grades, size and types of drains, sewers, water mains, underground fire alarm ducts, underground power ducts and underground telephone ducts, pavements, cross-sections of streets, miscellaneous structures, etc.
That percentage of the plot or lot area covered by the buildings, paved areas and other impervious cover.
A service drive providing vehicular access between two or more adjacent properties so the driver need not enter the public street system.
The planting, propagation, growing, harvesting, drying, curing, grading, trimming of other processing of marijuana for use or sale. It does not include manufacturing.
A house or other place in which a person, or combination of persons, maintains or otherwise carries out a regular program, for financial consideration, for any part of a day providing care and protection for four or more unrelated children under the age of 16. Care services shall not be provided for more than 12 hours during any twenty-four-hour period.
A residence maintained by anyone who provides, on a regular basis and for consideration, care and protection for four to 12 unrelated children under 16 years of age, who are unattended by parents or guardians for any part of the day. Care services shall not be provided for more than 12 hours during any twenty-four-hour period.
Reserved land that is permanently protected from further development and remains in a natural condition or is managed according to an approved management plan for natural resource functions, e.g., habitat protection, wildlife corridors, passive recreation, agriculture, forestry or some combination of these.
The Director of Public Works for the Town of Standish.
A person who meets the definition of "disabled" or "handicapped" as set forth in Section 501(b) of the Housing Act of 1949, the Fair Housing Act,[2] the Americans with Disabilities Act[3] or the Rehabilitation Act of 1973,[4] or in regulations issued by either the United States Department of Housing and Urban Development or the United States Department of Agriculture, Rural Development.
A natural person's established, fixed, permanent or ordinary dwelling place or legal residence to which, whenever the person is absent, the person has the intention of returning. A person may have only one domicile.
A commercial facility which provides a service directly to a motor vehicle or where the customer drives a motor vehicle onto the premises and to a window or mechanical device through or by which the customer is serviced without exiting the vehicle. Fueling stations, or the accessory functions of a car wash and/or vacuum cleaning stations are not considered drive-through facilities.
Features associated with drive-throughs, including, but not limited to, designated travel or stacking lanes, intercom systems, menu/order boards, service windows, kiosks, mechanical devices, etc.
A building on a single lot containing more than four dwelling units. This term excludes motels, rooming houses, mobile homes and dwelling units with accessory dwelling units.
A building on a single lot containing three or four dwelling units. This term excludes motels, rooming houses, mobile homes and dwelling units with accessory apartments.
A building on a single lot containing two dwelling units. This term excludes motels, rooming houses, mobile homes and dwelling units with accessory apartments.
A room or group of rooms designed and equipped for use as living quarters for only one family, including provisions for living, sleeping, eating and cooking. Mobile homes shall be considered dwelling units.
The right to use or restrict the use of land of another for or to specified purposes. The Planning Board shall review and approve the nature and substance of all proposed easements, included as part of a Planning Board application for subdivision or site plan review.
A building or buildings that are constructed that contain at least 12 dwelling units that are intended for, and occupied by, at least one person 55 years of age or older.
A professional engineer licensed by the State of Maine.
Any opening in the surface of a public place made in any manner whatsoever, except an opening in a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public place.
Manufacturing, excluding the refining or other initial processing of basic raw materials such as metal ores, lumber or rubber. Fabrication relates to stamping, cutting, or otherwise shaping the processed materials into useful objects.
Pipe, pipeline, tube, main, service, trap, vent, manhole, meter, gauge, regulator, valve, conduit, wire tower, pole, pole line, anchor, cable, junction box or any other material, structure or object of any kind or character, whether enumerated herein or not, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any public place.
One or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. Up to five unrelated people may use a house as a family for the purposes of this Part 1.
The final drawings on which the subdivider's plan of subdivision is presented to the Planning Board for approval and which, if approved, may be filed for record with the Municipal Clerk and County Registry of Deeds.
Production of finished wood products for wholesale distribution or sale, at another site, including but not limited to picnic tables, crafts, cabinets, furniture, etc. Retail sales directly to the public are specifically excluded unless otherwise approved in accordance with this Part 1.
As that term is defined in 12 M.R.S.A. § 10001(21), as may be amended.
A shop or open market selling antiques, used household goods, curios and the like at a frequency of more than four days in any six-month period. "Flea markets," as distinguished from yard or garage sales, shall be considered to be retail businesses under this Part 1.
Timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, management planning activities, timber stand improvement, pruning, weeding, regeneration of forest stands, the construction or maintenance of forestry management roads and other similar or associated activities.
The horizontal distance between the intersections of the side lot lines with the front lot line.
A place where vehicular fuels or lubricants are retailed directly to the public, including the sale of minor related accessories. No repairs are permitted.
A building used for the preparation, display and related ritual of the dead prior to burial or cremation.
See "yard or garage sale."
Surface excavation and removal of natural earth resources such as sand, gravel, clay, topsoil etc. which are normally used for purposes such as roads, foundations, construction materials and building site preparation or improvement.
A sign which is not structurally attached to the building.
As defined in 22 M.R.S.A. § 2422(3-C), as may be amended.
An institution that provides outpatient medical care including as an integral part of the institution such related facilities as laboratories, training facilities, central service facilities, and staff offices.
Mechanical repair of all types of vehicles, regardless of weight; neither fuel sales nor body repair work occurs at such a facility.
Body repair work and related mechanical repairs of all vehicles, to include metal fabrication for vehicular purposes; there are no fuel sales.
Any parcel of land of special significance in the history of the Town or its inhabitants, or upon which an historic event has occurred, and which has been designated as such in accordance with this Part 5. The term "historic site" shall also include any improved parcel, or part thereof, on which is situated a historic landmark, and any abutting improved parcel, or part thereof, used as and constituting part of the premises on which the historic landmark is situated as may be designated in accordance with Part 5 of this chapter.
Providing day-care services on a regular basis, for financial consideration, for three or fewer unrelated children or adults who are dependent on others for assistance. Care services shall not be provided for more than 12 hours during any twenty-four-hour period.
An occupational activity which is clearly accessory to the primary residential use of a building as defined by §§ 181-35.2.1 through 181-35.2.3, home occupation levels.
Limited retail sales which are directly related to an approved home occupation. All home retail sales shall be approved by the Planning Board as part of a home occupation and shall meet and maintain all standards contained in this Part 1.
An institution providing health services, primarily on an inpatient basis, and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central service facilities, and staff offices.
A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, entertainment and recreational facilities.
Any building, structure, place or object constituting a physical betterment of real property, or any part of such betterment.
As defined in 22 M.R.S.A. § 2422(4-N), as may be amended.
See "shooting range, indoor."
A street that provides access to abutting commercial or industrial properties, the primary function of which is to serve those properties and the development proposed for them. It is designed to be used, or is used, to carry an average daily traffic (ADT) volume of at least 1,000 but not more than 3,000 vehicles per day.
As defined in 22 M.R.S.A. § 2422(4-O), as may be amended.
A facility offering transient lodging accommodations to the general public which has a central lobby and has a maximum of 15 general sleeping rooms available for use by the general public. Food or meals may be available but only for guests staying overnight at the inn.
A driveway connecting two or more adjacent properties to the public/private street system.
A yard, field or other area as defined in 30A M.R.S.A. § 3752, as amended.
A commercial establishment in which three or more dogs, cats or other domesticated animals are housed, groomed, bred, boarded, trained or sold, all for financial consideration.
The Town Council.
A level area (30 feet in depth at minus-one-percent grade) at the intersection of the access connection and the public way.
Any person who has been issued a license by the Town to excavate in public places in the Town.
A street whose primary function is to provide access to abutting properties. It serves, or is designed to serve, not more than 150 dwelling units, and is designed to be used, or is used, to carry an average daily traffic (ADT) volume of not more than 1,500 vehicles per day.
A lot with at least two contiguous sides abutting upon a right-of-way.
A parcel of land in a single ownership occupied or capable of being occupied by one structure and the accessory structures or uses customarily incidental to it, including such open spaces as are required by this Code, and having frontage upon a street as defined herein, or in accordance with the provisions of § 181-14C.
The width of the lot, measured at the point where the building is closest to the right-of-way.
A mobile home manufactured after June 15, 1976, or a single-wide modular home, both of which must comply, if located on lots outside of mobile home parks, with the standards of § 181-33 of this Part 1, as well as the standards of the United States Department of Housing and Urban Development and/or the standards of the state's Manufactured Housing Act.
As defined in 22 M.R.S.A. § 2422(4-Q), as may be amended.
The mechanical or chemical transformation of materials or substances into new products, including the assembly of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquids. Manufacturing is classified into two types, heavy and light.
Any manufacturing that does not qualify as light manufacturing. Heavy manufacturing is generally incompatible with residential and commercial uses due to its high generation of traffic, noise levels, emission levels, lighting and odors generated.
The assembly, fabrication or packaging of materials or finished products within a fully enclosed building, but excluding basic processes such as smelting, refining, forging, and similar processes involving converting raw materials to a finished or semi-finished product. Light manufacturing is compatible, due to its size and nature of impact, with residential and commercial uses because of the level of traffic generated, noise levels, emission levels, lighting and odors generated.
The leaves, stems, flowers and seeds of a marijuana plant, whether growing or not.
As defined in 22 M.R.S.A. § 2422(4-J), as may be amended.
As defined in 22 M.R.S.A. § 2422(4-K), as may be amended.
As defined in 22 M.R.S.A. § 2422(4-L), as may be amended.
A boat basin offering dockage and ancillary services such as boat sales, boat repair, indoor and outdoor storage of boats and marine equipment, boat and tackle, shop and marine fuel service facilities.
As defined in 22 M.R.S.A. § 2422(4-B), as may be amended.
Mechanical repair of vehicles with a gross vehicular weight (GWV) less than 14,000 pounds; neither fuel sales nor body repair work occurs at such a facility.
A "registered dispensary" as that term is defined in 22 M.R.S.A. § 2422(6), as may be amended. A medical marijuana dispensary includes a location at which marijuana is cultivated by a registered dispensary pursuant to 22 M.R.S.A. § 2428, as may be amended. A medical marijuana dispensary is a facility registered under Title 22 of the Maine Revised Statutes. A medical marijuana dispensary is only authorized as a principal use, and not as an accessory use.
A "registered caregiver" as that term is defined in 22 M.R.S.A. § 2422(11), as may be amended.
"Medical use" as that term is defined in 22 M.R.S.A. § 2422(5), as may be amended.
A residential unit that is constructed in a manufacturing facility and then transported to a site on a permanent chassis. Only mobile homes constructed after June 15, 1976, which the manufacturer certifies is constructed in compliance with United States Department of Housing and Urban Development Standards, shall be considered Manufactured Housing for the purposes of this Part 1.
A residential dwelling unit designed for transportation, after fabrication, to the site as one or more component parts, where it must be placed on a permanent foundation and be assembled into a livable dwelling unit. Single-wide modular homes, if located on lots outside of mobile home parks, shall meet the standards of and be considered as manufactured housing units. Modular homes of two or more component parts under this Part 1 shall be considered as single-family dwellings.
A building containing rooms which are rented as a series of sleeping units for automobile transients. Each sleeping unit shall consist of a bedroom and bathroom only.
The use of any building, land area, or other premise for the display and sale of new or used automobiles, trucks, vans, trailers or recreational vehicles.
Any activity which is exclusively and officially authorized by the Town of Standish or School Administrative No. 6.
In the context of this chapter, the words "municipal" and "municipality" refer to Standish and School Administrative District No. 6 only.
The gross available acreage less the area required for streets or access and less the areas of any portions of the site which are unsuitable for development because of topography, natural drainage or subsoil conditions.
The number of dwelling units per net residential acre.
Any street which has been constructed, reconstructed or re-paved within the past five years.
A building, lot or structure, the size, dimension or location of which was lawful prior to the adoption or amendment of these zoning provisions but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
A land use which was lawful prior to the adoption or amendment of these zoning provisions but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
A type of "adult use marijuana cultivation facility" as that term is defined herein with a maximum of 1,000 square feet of plant canopy and that is subject to the requirements of 28-B M.R.S. § 501(3), as may be amended.
A room or group of rooms used for conducting affairs of business, professions, service industry or government.
The time of submission of a preapplication plan, preliminary plan for subdivision or final plan for subdivision shall be considered the submission date of the application for such plan approval to the Board, complete and accompanied by any required fee and all data required by these regulations.
The percentage of buildable area that is required to be part of designated open space.
A minimum area of 162 square feet which is a minimum of nine feet wide by 18 feet long, exclusive of drives, aisles or entrances, fully accessible for the storage or parking of vehicles.
A natural person, partnership, association, company, corporation, limited liability company or organization or a manager, agent, owner, director, servant, officer or employee thereof.
The Planning Board of the Town of Standish created under § 601 of the Town Charter.
As defined in 22 M.R.S.A. § 2422(7-B), as may be amended.
A sign standing on, rather than fixed to, the ground. Such signs are usually, but not necessarily, supported from the ground by one or more poles or posts or similar uprights with or without braces, including benches and/or sandwich boards.
The preliminary drawings indicating the proposed layout of the subdivision to be submitted to the Planning Board for its consideration.
Those unbuildable areas that include steep slopes (20% or more), FEMA-determined floodplains, wetlands, and/or surface waters, including streams.
The primary use to which the premises is devoted and the main purpose for which the premises exists.
A building and related facilities owned or operated by a corporation, association or group of individuals and established for the fraternal, social, educational, recreational or cultural enrichment of its members and not primarily for profit and whose members meet certain prescribed qualifications for membership.
A privately owned road for vehicular traffic that has not been accepted as a street by the Town of Standish.
A series of operations, usually in a continuous and regular action or succession of actions, taking place or carried out in a definite manner.
Any public street, way, place, sidewalk, park, square, plaza or any other similar public property owned or controlled by the Town and dedicated to public use, and any dedicated but unaccepted street or way.
A governmentally regulated organization with franchise for providing a service deemed necessary for the public health, safety or welfare.
A common water service operated by a municipality, governmental agency, or a public utility for the furnishing of water that meets the standards of the State of Maine for drinking water.
As defined in 22 M.R.S.A. § 2422(9), as may be amended.
A vehicle or vehicular attachment designed for temporary sleeping or living quarters for one or more persons, which is not a dwelling and which may include a pickup camper, travel trailer, tent trailer and motor home.
Land, with or without buildings, upon which used materials are separated or processed for eventual re-utilization.
A facility for the investigation into the natural, physical or social sciences, which may include engineering or product development.
An institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision to two or more patients who are not related to the governing authority or its members by marriage, blood or adoption.
A residential development planned, maintained, operated and integrated with a major recreational facility such as a golf course, ski resort, lake resort or marina.
An establishment where food or beverage is sold in a form ready for consumption, where all or a significant portion of the consumption occurs outside the confines of the establishment. Ordering and receipt of food is likely to take place in an automobile and the customer does not leave the vehicle.
Any establishment where food and drink are prepared, served and consumed either on the premises or outside the confines of the restaurant (i.e., take-out). This definition specifically excludes drive-through service.
Any business primarily engaged in the sale, rental or lease of goods or services individually or in small quantities to the ultimate consumer for direct consumption or use and not for resale. Retail trade or business shall not include other commercial uses specifically defined herein.
A retail business as defined herein that by design, physical facilities, service or packaging procedures encourages or permits customers to receive services or obtain goods while remaining in their vehicle.
Any right-of-way (ROW) intended to be used for the passage of persons or vehicles.
Intermodal facility for the redistribution of goods and products.
Any building or part thereof which is used for education or instruction in any branch of knowledge to include public, private, business, trade, driving or dance schools and excluding "colleges" or "muncipal uses" as defined herein.
Those areas with significant natural features that may include open fields, high-value natural areas, prime USDA agricultural soils, mature woodlands, stone walls, tree lines, existing historic structures, scenic views into and out of the property, trails and hilltops.
As defined in 22 M.R.S.A. § 2422(14-B), as may be amended.
Setback between the front lot line and front line of a building.
Setback between the rear lot line and rear line of a building.
Setback between the side lot line and side line of a building.
A line that is a required minimum distance from the road or right-of-way line or any other lot line that establishes the area within which the principal and accessory structures must be erected or placed.
An area that is designed for, and intended to, provide a location for the discharge of various types of firearms, including, but not limited to, handguns, rifles, shotguns, and black powder weapons, and where shooting stations, firing lines and/or lanes, target areas, and all other related components of the shooting range are fully and entirely enclosed within a building or structure.
Any structure or part thereof attached thereto or painted or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement.
A place designed and equipped for the conduct of social gatherings and open to scheduled groups for financial consideration.
A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.
A solar energy system that is structurally mounted to the ground and is not roof-mounted; may be of any size (small-scale, medium-scale or large-scale).
A solar energy system that occupies 17,000 square feet or more of surface area; surface area shall be measured by the total surface area of the solar collector at maximum tilt that occupies a given space.
A solar energy system that occupies between 2,000 and 16,999 square feet of surface area; surface area shall be measured by the total surface area of the solar collector at maximum tilt that occupies a given space.
A solar energy system that is mounted on or integrated into the roof of a building or structure; may be of any size (small-scale, medium-scale or large-scale).
A solar energy system that occupies up to 1,999 square feet of surface area; surface area shall be measured by the total surface area of the solar collector at maximum tilt that occupies a given space.
A use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as special exceptions if specific provision for such special exception is made in this Part 1. Special exceptions require approval from the Zoning Board of Appeals and the Planning Board in accordance with the standards and procedures established in this Part 1.
An area of stacking spaces and driving lane provided for vehicles waiting for drive-through service that is physically separated from other traffic and pedestrian circulation on the property being developed.
An area within a stacking lane for vehicles waiting to order and/or finish a drive-through transaction.
Free flowing drainage path containing a naturally scoured mineral bottom with banks and generally depicted with a blue line on a USGS topographic map.
Downstream of or below where two first-order streams merge.
A publicly dedicated way accepted by the Town or approved by the Planning Board with the proposed improvements conditioned by a performance guaranty in accordance with § 252-22 of Chapter 252, Streets and Sidewalks, and maintained under public authority for vehicular traffic and including the entire right-of-way.
A building and/or improvement to the real property, including paved surfaces.
That person who has written authorization to act for the assessed owner or owners of land to be subdivided.
The assessed owner or owners of land to be subdivided.
For the purposes of this Part 1, a "subdivision" shall be defined as in 30 M.R.S.A. § 4401(4), as amended, the division of a tract or parcel of land into three or more lots within any five-year period. This definition applies whether the division is accomplished by sale, lease, development, buildings or otherwise. A lot of 40 or more acres shall not be counted as a lot except when the lot or parcel from which it was divided is located entirely or partially within any shoreland area.
Completion of 30% of a permitted structure or use, measured as a percentage of total estimated value to complete.
Any pipe, conduit, duct, tunnel, manhole, vault, buried cable or wire or any other similar structures located below the surface of any public place.
An in-ground swimming pool, regardless of size, or an aboveground swimming pool of 1,200 gallons' or greater capacity.
An aboveground swimming pool with a side height of 30 inches or more and less than 1,200 gallons' capacity.
A sign other than a portable sign designed and intended to be displayed for a short period of time.
A type of "adult use marijuana cultivation facility" as that term is defined herein with a maximum of 500 square feet of plant canopy.
A type of "adult use marijuana cultivation facility" as that term is defined herein with a maximum of 2,000 square feet of plant canopy.
The angle of the solar panels and/or solar collector relative to horizontal of a solar energy system.
The cutting and removal of trees from their growing site and the attendant operation of mobile or portable chipping mills and of cutting, limbing and skidding machinery, including the creation and use of skid trails, skid roads and winter haul roads. In addition, the following amounts must be cut or removed from site to meet this definition: 40 or more cords; 20,000 or more board feet; or 60 or more tons of chips.
The combined area of primary conservation area plus secondary conservation area.
The Town of Standish and/or its Highway Department authority.
Any occupation or profession which is accessory to a residential use and is customarily carried on in a building or other structure accessory to a dwelling unit and carried on by a member of the family residing in the dwelling unit that meets and maintains the performance standards contained in this Part 1.
Any unmotorized towed vehicle used or so constructed as to permit its being used as a conveyance on the public streets and highways and duly licensed as such and constructed in such a manner as to permit occupancy thereof as a temporary dwelling for one or more persons. For the purposes of this definition, "temporary dwelling" shall be considered to be a maximum of 120 days in any calendar year. A "trailer" shall not be construed as a mobile home for the purposes of this Part 1.
Any freestanding or guyed structure, except for amateur (ham) radio towers and municipally owned and operated towers, on which transmitting and/or receiving antennas and associated cable and supports are located. Unless specifically stated otherwise, the term "transmission tower" shall include the tower, the tower base and any attached receiving or transmitting device.
Physical or chemical process of transforming a product or materials into goods to be re-used for wholesale distribution.
Land area that cannot be counted toward the minimum lot size of a proposed lot within a subdivision as set forth in § 181-92, Land not suitable for development, as may be amended from time to time.
A private company, corporation or quasi-municipal corporation under the direction and control of the Public Utilities Commission.
A place for the diagnosis and treatment of animals.
A building used primarily for the temporary storage of goods and materials.
A business operating primarily in sales to retailers, other merchants, industrial and/or commercial users mainly for resale or business use.
The area of land on a lot that is normally cultivated and is not occupied by the principal building.
[1]
Editor's Note: Pursuant to Order No. 174-98, adopted 1-12-1999, which repealed § 181-27, Cluster development, the former definition of "cluster subdivision," which immediately followed this definition, was removed.
[2]
Editor’s Note: See 42 U.S.C. § 3601 et seq.
[3]
Editor’s Note: See 42 U.S.C. § 12101 et seq.
[4]
Editor’s Note: See 29 U.S.C. § 16 et seq.
§ 181-4 RR-Rural Residential Districts.
These areas are generally rural now and are intended to remain in that character. The purpose of the district is to provide for an area of predominantly single-family housing to be developed at low densities consistent with the capacity of the land to absorb growth.
A.
Land uses in this district shall require written approval from the authority, as indicated, prior to issuance of a permit by the Code Enforcement Officer.
B.
Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer only.
[Amended 3-10-1998 by Order No. 10-98; 7-8-2008 by Order No. 164-07]
(1)
Accessory dwelling unit.
[Added 6-6-2023 by Order No. 26-23; amended10-8-2024 by Order No. 91-24 ]
(2)
Accessory uses and buildings.
[Amended 10-8-2024 by Order No. 91-24]
(7)
Home occupations, Level 1.
[Amended 10-8-2024 by Order No. 91-24]
(10)
Solar energy system, small-scale.
[Added 2-11-2020 by Order No. 116-19]
C.
Permitted uses requiring site plan review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 of this chapter.
(6)
Day-care home.
[Amended 10-8-2024 by Order No. 91-24]
(8)
Home occupation, level 2.
[Amended 10-8-2024 by Order No. 91-24]
(9)
Home retail sales.
[Amended 10-8-2024 by Order No. 91-24]
(13)
Solar energy system, medium-scale.
[Added 2-11-2020 by Order No. 116-19]
(14)
Solar energy system, large-scale.
[Added 2-11-2020 by Order No. 116-19]
D.
Uses listed below shall first require approval from the Board of Appeals as a special exception, in accordance with standards set forth in this Part 1. Such uses shall also require site plan review and approval from the Planning Board.
(3)
Gravel extraction.
[Amended 10-8-2024 by Order No. 91-24]
(6)
Manufacturing, Light with not more than 2,000 square feet of gross floor area and part of a Home Occupation Level 1, 2, or 3. Exterior storage or assembly of materials or products is prohibited.[30]
[30]
Editor’s note: Conforming lot required (see definition); use not allowed in cluster subdivisions; use not allowed in conservation subdivisions; use also conforms to standards set forth in § 181-35.2.1 Home Occupation Level 1, § 181-35.2.2 Home Occupation Level 2, or § 181-35.2.3 Home Occupation Level 3.
[31]
Editor’s Note: This order also redesignated former Subsection D(6) through (9) as Subsection D(7) through (10), respectively.
(7)
Municipal uses.
(8)
Public utilities.
I.
Lots in a cluster subdivision must maintain the setback approved with the subdivision unless a variance is obtained.
J.
The front yard setback set forth in this section may be reduced, only on roads which are not state numbered highways, to the average setback of the two principal structures fronting on the same road in closest proximity to the site of the proposed structure, but any structure must be at least 20 feet from the property line abutting the right-of-way.
[Added 12-8-1998 by Order No. 164-98]
K.
Construction on nonconforming lots in existence prior to May 1976 are allowed minimum setbacks of 20 feet off front property line and 10 feet off side and rear property line.
[Added 1-12-1999 by Ord. No. 164-98; amended 4-13-1999 by Order No. 14-99]
§ 181-5 RU-Rural Districts.
These areas are generally rural now, unsewered, and it is proposed that they remain in a very low density of development in order to prevent future problems, with site plan review providing careful controls to ensure the compatibility of future development.
A.
Land uses in this district shall require written approval from the authority, as indicated, prior to issuance of a permit by the Code Enforcement Officer.
B.
Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer only.
[Amended 3-10-1998 by Order No. 10-98; 7-8-2008 by Order No. 164-07]
C.
Permitted uses requiring site plan review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 of this chapter.
(5)
Cemeteries.
[Amended 10-8-2024 by Order No. 91-24]
(7)
Day-care home.
[Amended 10-8-2024 by Order No. 91-24]
(8)
Dwelling, two-family.
[Added 3-12-2019 by Order No. 147-18]
(11)
Gravel excavation.
[Amended 10-8-2024 by Order No. 91-24]
(12)
Home occupation, Level 2.
[Amended 10-8-2024 by Order No. 91-24]
(13)
Home occupation, Level 3.
[Amended 10-8-2024 by Order No. 91-24]
(14)
Home retail sales.
[Amended 10-8-2024 by Order No. 91-24]
(17)
Municipal uses.
(18)
Private clubs.
[Amended 10-8-2024 by Order No. 91-24]
(19)
Public utilities.
(25)
Solar energy system, large-scale.
[Added 2-11-2020 by Order No. 116-19]
D.
Uses listed below shall first require approval from the Board of Appeals as a special exception, in accordance with standards set forth in this Part 1. Such uses shall also require site plan review and approval from the Planning Board.
(1)
Bed-and-breakfast.
[Amended 10-8-2024 by Order No. 91-24]
(2)
Commercial recreation.
[Amended 10-8-2024 by Order No. 91-24]
(3)
[32] Expansion of a mobile home park in existence as of December 12, 2006. All expansions of a mobile home park shall comply with the mobile home park standards in § 181-33 of this Part 1.
[Added 2-13-2007 by Order No. 184-06]
[32]
Editor's Note: Former Subsection D(3), Community living facilities, was repealed 11-12-2002 by Order No. 115-02.
(9)
Manufacturing, Light with not more than 2,000 square feet of gross floor area. Exterior storage or assembly of materials or products is prohibited.[38]
[38]
Editor’s note: Conforming lot required (see definition); use not allowed in cluster subdivisions; acceptable as a Home Occupation Level 1, 2, or 3 use which conforms to standards set forth in § 181-35.2.1 Home Occupation Level 1, § 181-35.2.2 Home Occupation Level 2, or § 181-35.2.3 Home Occupation Level 3.
(12)
Shooting range, indoor.
[Added 9-12-2023 by Order No. 62-23]
J.
Lots in a cluster subdivision must maintain the setbacks approved with the subdivision unless a variance is obtained.
K.
The front yard setback set forth in this section may be reduced, only on roads which are not state numbered highways, to the average setback of the two principal structures fronting on the same road in closest proximity to the site of the proposed structure, but any structure must be at least 20 feet from the property line abutting the right-of-way.
[Added 12-8-1998 by Order No. 164-98]
L.
Construction on nonconforming lots in existence prior to May 1976 are allowed minimum setbacks of 20 feet off front property line and 10 feet off side and rear property line.
[Added 1-12-1999 by Ord. No. 164-98; amended 4-13-1999 by Order No. 14-99]
§ 181-6 R-Residential Districts.
It is anticipated that these areas will not be sewered but will provide for residential development in a low-density, self-sustaining, rural environment, with site plan review providing careful controls to ensure the compatibility of future development.
A.
Land uses in this district shall require written approval from the authority, as indicated, prior to issuance of a permit by the Code Enforcement Officer. Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer only.
[Amended 3-10-1998 by Order No. 10-98; 7-8-2008 by Order No. 164-07]
(1)
Accessory dwelling unit.
[Added 6-6-2023 by Order No. 26-23; amended 10-8-2024 by Order No. 91-24]
(2)
Accessory uses and buildings.
(4)
Dwelling, single-family.
[Added 3-12-2019 by Order No. 147-18]
(8)
Home occupations, Level 1.
[Amended 10-8-2024 by Order No. 91-24]
(11)
Solar energy system, small-scale.
[Added 2-11-2020 by Order No. 116-19]
B.
Permitted uses requiring site plan review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 of this chapter.
(2)
Cemeteries.
[Amended 10-8-2024 by Order No. 91-24]
(3)
Churches.
[Amended 10-8-2024 by Order No. 91-24]
(4)
Day-care home.
[Amended 10-8-2024 by Order No. 91-24]
(7)
Home occupation, Level 2.
[Amended 10-8-2024 by Order No. 91-24]
(8)
Home retail sales.
[Amended 10-8-2024 by Order No. 91-24]
(9)
(10)
Municipal uses.
(11)
Solar energy system, medium-scale.
[Added 2-11-2020 by Order No. 116-19]
(12)
Solar energy system, large-scale.
[Added 2-11-2020 by Order No. 116-19]
C.
Uses listed below shall first require approval from the Board of Appeals as a special exception, in accordance with standards set forth in this Part 1. Such uses shall also require site plan review and approval from the Planning Board.
[Amended 4-8-2014 by Order No. 11-14]
(2)
Manufacturing, Light with not more than 1,500 square feet of gross floor area and part of a Home Occupation Level 1 or 2. Exterior storage or assembly of materials or products is prohibited.[16]
[Amended 10-8-2024 by Order No. 91-24]
[16]
Editor’s Note: Conforming lot required (see definition); use not allowed in cluster subdivisions; use not allowed in conservation subdivisions; use also conforms to standards set forth in § 181-35.2.1 Home Occupation Level 1 or § 181-35.2.2 Home Occupation Level 2.
E.
Minimum dimensions for lots 40,000 square feet or more shall be as follows:
[Amended 6-4-2002 by Order No. 63-02]
H.
Lots in a cluster subdivision must maintain the setbacks approved with the subdivision unless a variance is obtained.
I.
The front yard setback set forth in this section may be reduced, only on roads which are not state numbered highways, to the average setback of the two principal structures fronting on the same road in closest proximity to the site of the proposed structure, but any structure must be at least 20 feet from the property line abutting the right-of-way.
[Added 12-8-1998 by Order No. 164-98]
J.
Construction on nonconforming lots in existence prior to May 1976 are allowed minimum setbacks of 20 feet off front property line and 10 feet off side and rear property line.
[Added 1-12-1999 by Order No. 164-98; amended 4-13-1999 by Order No. 14-99]
§ 181-7 VC-Village Center Districts.
[3-10-1998 by Order No. 10-98; 6-2-1998 by Order No. 49-98; 12-8-1998 by Order No. 164-98; 1-12-1999 by Ord. No. 164-98; 4-13-1999 by Order No. 14-99; 6-4-2002 by Order No. 63-02; 5-9-2006 by Order No. 37-06; 7-8-2008 by Order No. 164-07; 5-11-2010 by Order No. 23-10; 4-8-2014 by Order No. 11-14; 5-12-2015 by Order No. 18-15; 3-12-2019 by Order No. 147-18; ; 2-11-2020 by Order No. 116-19; 11-9-2021 by Order No. 74-21; 6-6-2023 by Order No. 26-23; ; 9-12-2023 by Order No. 62-23; 10-8-2024 by Order No. 91-24; 5-13-2025 by Order No. 22-25]
These are areas where a unit of residential, commercial and municipal activities exist and will be encouraged in the future, with site plan review providing careful controls to ensure the compatibility of future development.
A.
Land uses in this district shall require written approval from the authority, as indicated, prior to issuance of a permit by the Code Enforcement Officer.
B.
Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer only.
C.
Permitted uses requiring site plan review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 of this chapter.
(1)
Adult day-care.
(2)
Bed-and-breakfast.
(3)
Business and professional office under 2,000 square feet.
(4)
Cemeteries.
(5)
Churches.
(6)
Commercial recreation.
(7)
Day-care home.
(8)
Dwelling, three- or four-family.
(9)
Dwelling, multi-family.
(11)
Fueling station.
(12)
Funeral homes.
(13)
Home occupation, Level 2.
(14)
Home occupation, Level 3.
(15)
Home retail sales.
(16)
Inns.
(17)
Mechanical repair garage.
(19)
Motor vehicle sales.
(20)
Municipal uses.
(21)
Private clubs.
(22)
Public utilities.
(23)
Restaurants without drive-through.
(24)
Retail business under 2,000 square feet.
(25)
Schools.
(26)
Solar energy system, medium-scale.
(27)
Solar energy system, large-scale.
(28)
Tradesman.
(29)
Veterinary clinics.
D.
Uses listed below shall first require approval from the Board of Appeals as a special exception, in accordance with standards set forth in this Part 1. Such uses shall also require site plan review and approval from the Planning Board.
I.
Lots in a cluster subdivision must maintain the setbacks approved with the subdivision unless a variance is obtained.
J.
The front yard setback set forth in this section may be reduced, only on roads which are not state numbered highways, to the average setback of the two principal structures fronting on the same road in closest proximity to the site of the proposed structure, but any structure must be at least 20 feet from the property line abutting the right-of-way.
K.
Construction on nonconforming lots in existence prior to May 1976 are allowed minimum setbacks of 20 feet off front property line and 10 feet off side and rear property line.
§ 181-7.1 Form Based Code Village Districts (FBCVD).
[Added 6-7-2011; amended 1-8-2013 by Order No. 29-12; 3-12-2013 by Order No. 21-13; 5-14-2013 by Order No. 22-13; 4-8-2014 by Order No. 11-14; 5-12-2014 by Order No. 14-14; 8-12-2014 by Order No. 65-14; 1-10-2023 by Order No. 90-22; 6-6-2023 by Order No. 26-23; 9-12-2023 by Order No. 62-23; 11-12-2024 by Order No. 108-24; 2-11-2025 by Order No. 133-24; 5-13-2025 by Order No. 21-25; 5-13-2025 by Order No. 22-25; 8-12-2025 by Order No. 57-25]
The intent of the Form Based Code Village Districts is to strengthen and/or establish mixed-use, interconnected, village-scaled neighborhoods based on a development pattern that is fiscally responsible and environmentally sustainable. New neighborhoods and redevelopment opportunities shall be characterized by vital civic spaces with quality FBCVD streetscapes framed by pedestrian-scaled buildings. The standards for the Form Based Code Village Districts allow for a wide range of residential, economic development and recreational opportunities, while promoting improved vehicular and pedestrian connectivity throughout the area.
A. AMENITY ZONE ART CENTER - INDOOR ART GALLERY/MUSEUM BLOCK LENGTH BOATYARD BUILDABLE AREA BUILDING DEVELOPMENT STANDARDS BUILDING FORM BUILDING PLACEMENT CLEARLY VISIBLE FROM THE FBCVD STREET COMMON LOT LINE CONNECTIVITY MASTER PLAN CONTEXT CONVENIENCE STORE DRIVEWAY ENTRANCE, PRINCIPAL FACADE FBCVD STREET FBCVD STREET FRONTAGE FBCVD STREET FRONTAGE TYPE FBCVD STREET SPACE FBCVD STREET WALL FBCVD STREETSCAPE FENESTRATION FORM BASED CODE VILLAGE DISTRICT (FBCVD) GROUND FLOOR INDOOR AMUSEMENTS AND RECREATION LOW-IMPACT DEVELOPMENT (LID) MINIMUM LOT SIZE REDUCTION PERMIT OUTDOOR DISPLAY AND SALES OUTDOOR RECREATION LIMITED PARKING, COMPACT SPACE PARKING, STACKED PEDESTRIAN ORIENTATION(1) (2) (3) (4) PEDESTRIAN-ORIENTED USE PRINCIPAL BUILDING PRIVATE FRONTAGE PUBLIC FRONTAGE PUBLIC WATER RAIN GARDEN REGULATING PLAN REQUIRED BUILD-TO-ZONE (RBZ) ROD SCD SCD STREET(1) (2) (3) (4) (5) SIGNABLE AREA SINGLE-FAMILY HOME SLVD SLVD STREET(1) (2) (3) (4) (5) (6) (7) SUPPLEMENTAL PLANNING BOARD REVIEW TYPE VILLAGE HOUSING
Terms defined. As used in this section, the following terms shall have the meanings indicated:
A portion of the public right-of-way, typically adjacent to the sidewalk but outside the pedestrian walking area, including FBCVD streetscape elements.
A structure or complex of structures for housing the visual and/or performing arts. Includes the retail sale of art.
A public place consisting of a building containing objects such as, but not limited to, paintings, prints, sculptures, scientific and historical objects, which are either for sale to the general public or are displayed for viewing only. Outdoor display, excluding retail sales, is permitted only as an accessory use during business hours and may not impede pedestrian traffic.
The distance between new FBCVD street intersections. The applicable FBCVD street frontage type determines block length.
A facility, whether open or enclosed, providing for the storage of watercraft. This definition does not include properties that are used to store watercraft exclusively for non-commercial, personal use.
The area of the lot that building(s) may occupy. The buildable area sets the limits of the building footprint now and in the future; additions to structures must be within the designated area.
The part of the section that establishes basic parameters regulating building form, including the envelope, placement (in three dimensions) and certain permitted/required building elements, such as storefronts, street walls, building height, and window proportionality. Building development standards are determined by the applicable FBCVD street frontage type standards. This produces a coherent FBCVD streetscape and context.
The form of a building, based on its massing, private frontage, and height.
The placement of a building on its lot.
Visible from the Form Based Code Village District street, which includes squares, civic greens, parks, and all public space except alleys. A building element more than 30 feet from the front of the FBCVD street (such as items facing a common lot line more than 31 feet away from a FBCVD street) is by definition not clearly visible from the FBCVD street. Also common and/or party walls are by definition not clearly visible from the FBCVD street.
Lot lines shared by adjacent private lots.
A plan that demonstrates the key elements of the Form Based Code Village District, including connectivity within the development and to adjacent parcels, block lengths and other standards as prescribed by applicable FBCVD street frontage types (such as Town Center or Town Residential). A plan must show how the project will conceptually relate to the context, allowing for a proactive planning process. A conceptual Connectivity Master Plan must be approved by the Planning Board in order for an applicant to obtain subdivision or site plan approval for a project located in a Form Based Code Village District.
Surroundings, including a combination of architectural, natural and civic elements that define district, neighborhood, FBCVD street or specific block character.
A retail establishment that accommodates neighborhood needs for groceries and sundries and that may sell, as accessory uses, prepared food for carry-out.
A public or private roadway that provides vehicular access to the front, side or rear of a panel.
The main point of access for pedestrians into a building.
The face of a building, specifically the front that looks onto an FBCVD street or public space.
Specifically the area from curb to curb or shoulder to shoulder within a public or private right-of-way located in the Standish Corner District or the Sebago Lake Village District and primarily used for vehicular movement and on-street parking. Refer to "FBCVD Streetscape" for a more detailed definition of the role of the FBCVD street as part of the public realm as typically defined by the facade of buildings on either side of the FBCVD street right-of-way.
The lot line coincident with the required build-to-zone (RBZ) or that portion of the building that is coincident with the required build-to-zone (RBZ) as required by this section.
Street frontage type of a public or private right-of-way established by a Form Based Code Village District Regulating Plan.
The space as defined between buildings on opposite sides of the FBCVD street, including streetscape components such as sidewalk and amenities.
A wall, such as masonry, decorative wood or metal, set back (or forward) not more than eight inches from the required build-to-zone (RBZ) or adjacent building facade and built to the height specified in the FBCVD street frontage type standards.
The urban element that establishes the major part of the public realm. The FBCVD streetscape is composed of thoroughfares (travel lanes for vehicles and bicycles, parking lanes for cars, and sidewalks or paths for pedestrians) as well as the visible private frontages (building facades and elevations, porches, yards, fences, awnings, etc.) and the amenities of the public frontages (FBCVD street trees and plantings, benches, FBCVD streetlights, etc.).
An opening in the building wall, such as doors or windows, allowing light and views between interior and exterior. Fenestration is measured as glass area for enclosed space and as open area for parking structures.
Refers to any district under § 181-7.1, including the Standish Corner District and the Sebago Lake Village District.
The first floor of a building other than a cellar or basement and that is most level with the ground as viewed from the public street.
Establishments providing indoor amusement or entertainment for a fee or admission charge, such as arcades containing coin-operated amusements and/or electronic games (five or more such games or coin-operated amusements in any establishment constitutes an arcade in compliance with this definition, four or less are not considered a land use separate from the primary use of the site); card rooms, billiard and pool halls; bowling alleys; ice skating and roller skating; dance halls, clubs and ballrooms which are principal uses rather than being subordinate to an eating or drinking place; gymnasiums, reducing salons, health and athletic clubs including indoor sauna, spa or hot tub facilities; tennis, handball, racquetball, indoor archery and shooting ranges and other indoor sports activities.
A more sustainable land development pattern that results from a site planning process that first identifies critical natural resources, then determines the best layout of an FBCVD street pattern while meeting the applicable Form Based Code Village District street standards for the applicable Form Based Code Village District street frontage type, and incorporates a range of best management practices (BMPs) that preserve the natural hydrology of the land to minimize and treat stormwater runoff in a decentralized manner.
A permit issued by the Code Enforcement Officer for lots located within a Form Based Code Village District that are less than 20,000 square feet in area but more than 15,000 square feet in area and that meet the standards of 22 M.R.S.A. § 42, the Maine Subsurface Wastewater Disposal Rules (10-144 CMR Ch. 241), 12 M.R.S.A. § 4807, and the Maine Minimum Lot Size Rules (10- 144 CMR Ch. 243), as such statutes and rules may be amended from time to time.
The display and sale of products and services, during hours of operation, primarily outside of a building or structure approved for such use, excluding vehicles, garden supplies, tires and motor oil, boats, farm equipment, motor homes, burial monuments, building and landscape materials, and lumber yards. Any such incidental use may not impede pedestrian movement and must meet the applicable standards of the Americans with Disabilities Act.
A facility that is smaller than three acres for various outdoor participant sports and types of recreation (e.g., amphitheaters, miniature golf courses, skateboard parks, swim and tennis clubs, etc.).
A parking space measuring eight feet wide by 16 feet long.
A parking arrangement in a manner that all cars do not have direct access to a parking aisle.
A physical structure or place with design qualities and elements that contribute to an active, inviting and pleasant place for pedestrians that typically includes most of the following elements:
Building facades that are highly articulated at the FBCVD street level, with interesting uses of material, color, and architectural detailing, located directly behind the sidewalk;
Visibility into buildings at the FBCVD street level;
Continuity of building facades along the FBCVD street with few interruptions in the progression of buildings and stores;
Signs oriented and scaled to the pedestrian rather than the motorist.
A land use that is intended to encourage walk-in customers and that generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian-oriented use provides spontaneous draw from the sidewalk and FBCVD street due to visual interest, high customer turnover, and/or social interaction.
The building in which the principal use of the lot is conducted, usually located toward the frontage of the lot.
The privately held layer between the required build-to-zone (RBZ) and the principal building facade. The structures and landscaping may be held to specific standards. The variables of private frontage are the depth of the setback and the combination of architectural elements such as fences, stoops, porches, and galleries.
The area between the curb of the vehicular lanes and the required build-to-zone (RBZ). Elements of the public frontage include the type of curb, walk, planter, FBCVD street tree, and FBCVD streetlight.
A common water service operated by a municipality, governmental agency, or a public utility for the furnishing of water that meets the standards of the State of Maine for drinking water.
A planted depression that allows rainwater runoff from impervious urban areas like roofs, driveways, walkways, parking lots, and compacted lawn areas the opportunity to be absorbed.
The coding key for the Form Based Code Village District street frontage types. FBCVD street frontage types illustrate aspects of the built environment such as how each building lot relates to adjacent properties, building development standards, the FBCVD streetscape, civic space, parks, parking lots as well as the overall desired pattern of development, particularly the importance of connectivity between neighborhoods. Regulating Plans for the Standish Corner District and the Sebago Lake Village District are included at the end of this chapter as Attachment 2 (Standish Corner District) and Attachment 3 (Sebago Lake Village District) and incorporated herein by reference.
Within the Form Based Code Village Districts, a required build-to-zone establishes where the placement of a building may be in accordance with the applicable FBCVD street frontage type.
A historic unit of measure equal to 16.5 feet.
Standish Corner District as shown on the Town of Standish's Official Zoning Map.
Specifically the area from curb to curb or shoulder to shoulder within a public or private right-of-way located in the Standish Corner District, and primarily used for vehicular movement and on-street parking. Refer to "FBCVD streetscape" for a more detailed definition of the role of the SCD street as part of the public realm as typically defined by the facade of buildings on either side of the SCD street right-of-way.
TOWN CENTER (TC) SCD STREET FRONTAGE TYPEThose public or private rights-of-way identified as Town Center on the Standish Corner District Regulating Plan.
TOWN MAIN (TM) SCD STREET FRONTAGE TYPEThose public or private rights-of-way identified as Town Main on the Standish Corner District Regulating Plan.
TOWN AVENUE (TA) SCD STREET FRONTAGE TYPEThose public or private rights-of-way identified as Town Avenue on the Standish Corner District Regulating Plan.
TOWN GATEWAY (TG) SCD STREET FRONTAGE TYPEThose public or private rights-of-way identified as Town Gateway on the Standish Corner District Regulating Plan.
TOWN RESIDENTIAL (TR) SCD STREET FRONTAGE TYPEThose public or private rights-of-way identified as Town Residential on the Standish Corner District Regulating Plan.
An area on the facade of a building specifically designed for locating signage. On existing buildings, the signable area is a space free of windows and doors and does not interfere with architectural details such as columns or cornices.
A structure containing one primary dwelling unit. A "single-family home" may include accessory dwelling units as defined in § 181-3 subject to all relevant standards of this section.
Sebago Lake Village District as shown on the Town of Standish's Official Zoning Map.
Specifically the area from curb to curb or shoulder to shoulder within a public or private right-of-way located in the Sebago Lake Village District, and primarily used for vehicular movement and on-street parking. Refer to "FBCVD Streetscape" for a more detailed definition of the role of the FBCVD street as part of the public realm as typically defined by the facade of buildings on either side of the FBCVD street right-of-way.
SLV CORE (SLVC) STREET FRONTAGE TYPEThose public or private rights-of-way identified as SLV Core on the Sebago Lake Village District Regulating Plan.
SLV FRINGE (SLVF) STREET FRONTAGE TYPEThose public or private rights-of-way identified as SLV Fringe on the Sebago Lake Village District Regulating Plan.
SLV GATEWAY (SLVG) STREET FRONTAGE TYPEThose public or private rights-of-way identified as SLV Gateway on the Sebago Lake Village District Regulating Plan.
SLV LAKE ACCESS (SLVLA) STREET FRONTAGE TYPEThose public or private rights-of-way identified as SLV Lake Access on the Sebago Lake Village District Regulating Plan.
SLV RESIDENTIAL CONNECTOR (SLVRC) STREET FRONTAGE TYPEThose public or private rights-of-way identified as SLV Residential Connector on the Sebago Lake Village District Regulating Plan.
SLV RESIDENTIAL (SLVR) STREET SLV FRONTAGE TYPEThose public or private rights-of-way identified as SLV Residential on the Sebago Lake Village District Regulating Plan.
SLV BUSINESS (SLVB) STREET FRONTAGE TYPEThose public or private rights-of-way identified as SLV Business on the Sebago Lake Village District Regulating Plan.
A formal Planning Board review separate and apart from site plan or subdivision review triggered by certain types of projects in a Form Based Code Village District.
A category, determined by function, disposition, and configuration, including size or extent. There are community types, FBCVD street types, frontage types and civic space types.
A building or buildings located in a Form Based Code Village District that contain at least four but no more than 48 dwelling units with no age restriction on residents. Village housing may be accessed by a private internal driveway and orient buildings to that driveway as if it were a Town Residential or SLVR road provided the vegetated buffer requirements of § 181-28.1 are met.
B.
Administrative provisions.
(1)
Required permitting.
(a)
Land uses in Form Based Code Village Districts are prescribed by the FBCVD street frontage types and shall require written approval as indicated in the "Allowed Land Uses and Permit Requirements" listed within each specific FBCVD street frontage type.
(b)
Permitted uses, not requiring site plan review, are noted per FBCVD street frontage types. Such uses shall require approval of the Code Enforcement Officer only.
(c)
Permitted uses requiring site plan review are noted per FBCVD street frontage type. Such uses shall require Planning Board approval in accordance with Part 2 (Site Plan Review) of this chapter. Some projects may require both site plan and subdivision review and approval.
(d)
Permitted uses requiring subdivision shall require Planning Board approval in accordance with Part 3 (Subdivision Regulations) of this chapter. Some projects may require both site plan and subdivision review and approval.
(e)
Permitted uses triggering supplemental Planning Board review are listed within the specific FBCVD street frontage type.
(f)
Whenever a provision of the Form Based Code Village District regulations contained in this section conflicts with or is inconsistent with another provision of this chapter or other ordinances of the Town other than Chapter 237 (Shoreland Zoning), the Form Based Code Village District regulations shall prevail. Whenever a provision of the Form Based Code Village District regulations contained in this section conflicts with or is inconsistent with Chapter 237 (Shoreland Zoning), Chapter 237 shall prevail.
(2)
Overall standards of the Form Based Code Village Districts. Form Based Code Village Districts are comprised of the following standards, which guide the form and pattern of development in the Form Based Code Village Districts; the regulating plan, FBCVD street frontage types, the building/parking placement standards, block length, and intersection standards, FBCVD streetscape/FBCVD street space standards and building form standards.
(a)
Regulating plan: The regulating plan is the coding key for a Form Based Code Village District that identifies existing FBCVD street frontage types, provides a key for future allowable FBCVD street frontage types and the related standards such as building form and placement, FBCVD streetscapes and the resulting development patterns. Regulating plans for the Standish Corner District and the Sebago Lake Village District are included at the end of this chapter as Attachment 2 (Standish Corner District) and Attachment 3 (Sebago Lake Village District) and incorporated herein by reference.
(b)
FBCVD street frontage types: FBCVD street frontage types illustrate the specific aspects of the built environment in a Form Based Code Village District, including building/parking placement, building form, FBCVD streetscapes, block lengths/intersections and allowable uses.
(c)
Building/parking placement standards: The building/parking placement standards establish basic parameters governing building form, including the envelope for building placement (in three dimensions) and the location of off-street parking and access driveways. The intent of the building/parking placement standards is to shape vital public space in a Form Based Code Village District through the placement of buildings that frame and activate the public realm in a manner appropriate for the context.
(d)
Block length/intersection standards: The purpose of the block length/intersection standards is to establish interconnected neighborhoods that are walkable and have appropriate transitions from different FBCVD street frontage types, which vary in density, FBCVD streetscape/FBCVD street space and intensity of land use. A critical aspect of the Standish Corner District is to utilize the back lands off of Routes 25 and 35 for a range of open space, housing and economic development opportunities, all while creating a network of interconnected neighborhoods. A block length is the allowable distance between intersections. Intersections determine the allowable transitions between FBCVD street frontage types.
(e)
FBCVD streetscape/FBCVD street space standards: The purpose of the FBCVD streetscape/FBCVD street space standards is to ensure coherent FBCVD street spaces and to assist builders with understanding the relationship between the public realm of a Form Based Code Village District and their own building(s). These standards set the parameters for the placement of FBCVD street trees, sidewalks and other FBCVD streetscape amenities that define the FBCVD street space (generally defined as the space between the face of buildings on either side of a FBCVD street) as a pedestrian-friendly environment. These standards govern the construction of new streets and the construction of improvements within the public right-of-way in conjunction with a development on an existing street. In addition, these standards should guide any publicly funded improvements within the street right-of-way, including the reconstruction of existing streets.
(f)
Building form standards: The goal of the building form standards is to establish a baseline understanding of the architectural quality of buildings (in addition to building placement and other criteria such as height) such as materials, fenestration and construction techniques. Contemporary architecture may complement historic buildings.
(3)
Connectivity master plan. The following steps set forth the proper development of a Connectivity Master Plan, which is a required element of site plan or subdivision approval if a project is located in a Form Based Code Village District.
(a)
Site. Begin with "pioneer lot" to be divided from larger lot, triggering perpendicular "block" and allowable "frontage FBCVD street type" to access development. Utilize "frontage FBCVD street type" as required parking for development. The developer will build the FBCVD street to the required standards. This begins the block/connectivity process.
.tif.png "181 181-7.1B3(a).tif") |
(b)
Introduce FBCVD streets/blocks. Sites being divided shall introduce FBCVD streets from the list of allowable "frontage FBCVD street types" (see the Form Based Code Village District Regulating Plan), complying with "frontage FBCVD street types," block length and connectivity standards, triggering the need for a conceptual Connectivity Master Plan, which shows connections to adjacent parcels and FBCVD streets.
.tif.png "181 181-7.1B3(b).tif") |
(c)
Introduce lots. Lots are created following standards for "frontage FBCVD street types" establishing neighborhood character, land uses and requiring connectivity within the project and to adjacent land. A conceptual Connectivity Master Plan approved by the Planning Board is required for site plan or subdivision review and approval.
.tif.png "181 181-7.1B3(c).tif") |
(d)
Introduce building forms. Place buildings on parcels per "frontage FBCVD street type."
.tif.png "181 181-7.1B3(d).tif") |
(e)
The intent of the Connectivity Master Plan is to encourage a contextual/long-term approach to development, be it a single site or a subdivision.
(4)
Step-by-step guide to the form based code village districts: In order to understand how the Form Based Code Village District provisions function, the following basic steps may be reviewed:
(a)
Refer to the District Regulating Plan for the appropriate district, which is the code for existing FBCVD street frontage types and allowable connections to future FBCVD street frontage types. Find the subject property and the existing abutting FBCVD street frontage type. The street frontage types establish the standards for development. The diagram in the upper corner of the Standish Corner Center District Regulating Plan depicts the required build-to-zone and the parking setback line.
(b)
The Standish Corner District includes the following hierarchical SCD street frontage types (which can be considered different types of neighborhoods) in order from highest to lowest:
[1]
Town Center (TC) SCD street frontage type: The primary intent of this SCD street frontage type is to strengthen the mixed-use, pedestrian-oriented, traditional street form of the historic Standish Corner (note: no future TC SCD streets allowed).
[2]
Town Main (TM) SCD street frontage type: The primary intent of this SCD street frontage type is to encourage a pedestrian-oriented, traditional street form (following the historic eight-rod range way alignment of Route 25), minimizing curb cuts and avoiding the cluttered appearance often associated with "strip mall" style development (note: no future TM SCD streets allowed).
[3]
Town Avenue (TA) SCD street frontage type: The primary intent of this SCD street frontage type is to provide a development pattern that transitions between the more arterial/historic alignment of the TM or Town Gateway (TG) SCD street frontage types and the Town Residential (TR) type neighborhoods surrounding the higher-density historic core, arterials and corridors. The TA SCD street frontage type is a walkable environment defined by the scale and placement of buildings and includes a mixture of compatible residential, retail, entertainment, professional and live work uses (note: future TA SCD streets allowed).
[4]
Town Gateway (TG) SCD street frontage type: The intent of this frontage type is to provide for areas of development within the Standish Corner District that are not pedestrian-oriented and are not primarily defined by the placement of buildings and the quality of the SCD streetscape as much as the buffering of buildings to maintain or create a rural, visually uncluttered character along the major arterials (Routes 25 and 35) (note: no future TG SCD streets allowed).
[5]
Town Residential (TR) SCD street frontage type: The intent of this frontage type is to reinforce the character of existing traditional neighborhoods and to encourage the development of new or retrofitted residential neighborhoods consistent with traditional and walkable neighborhood SCD street patterns surrounding and directly supporting the social, cultural and economic activities of the TC, TM, TA and TG SCD street frontage types (note: future TR SCD streets allowed).
[a]
SCD note: When a parcel is a corner lot, the standards of the SCD street frontage type with greater hierarchy prevail, with the Town Center (TC) SCD street frontage type being the highest and Town Residential (TR) SCD street frontage type being the lowest. The Planning Board may approve favoring the lower hierarchy street if it finds development favoring the greater hierarchy street impracticable.
(c)
The Sebago Lake Village District includes the following hierarchical SLVD street frontage types (which can be considered different types of neighborhoods) in order from highest to lowest:
[1]
SLV Core frontage type: The primary intent of this SLVD frontage type is to strengthen the mixed-use, pedestrian-oriented traditional street form at the core intersection of the Sebago Lake Village District (State Routes 35 and 114) (note: no future SLV Core streets allowed).
[2]
SLV Fringe frontage type: The primary intent of this SLVD frontage type is to encourage a mixed-use, pedestrian-oriented, traditional street form stemming from the SLV Core, minimizing curb cuts and avoiding the cluttered appearance often associated with "strip mall" style development (note: no future SLV Fringe streets allowed).
[3]
SLV Gateway frontage type: The primary intent of this SLVD frontage type is to provide a mixed-use development pattern that transitions between the more-arterial alignment of the SLV Core and SLV Fringe frontage types and the SLV Residential type neighborhoods surrounding the arterials and corridors. The SLV Gateway street frontage type is a walkable environment defined by the scale and placement of buildings and includes a mixture of compatible residential, retail, entertainment, professional and live work uses (note: no future SLV Gateway streets allowed).
[4]
SLV Business frontage type: The primary intent of the SLVD frontage type is to allow a place for larger footprint economic growth visually removed from the traditional core and street corridors of Sebago Lake Village but close enough for pedestrian access by employees and customers (Note: future SLVB streets allowed; must have direct access from a SLVC, SLVF, or SLVG street).
[5]
SLV Residential Connector frontage type: The primary intent of this SLVD frontage type is to provide the possibility for a road that would link Routes 35 and 114 without needing to go through SLV Core (note: future SLV Residential Connector streets allowed).
[6]
SLV Residential frontage type: The primary intent of this SLVD frontage type is to reinforce the character of existing traditional neighborhoods and to encourage the development of new or retrofitted residential neighborhoods consistent with traditional and walkable neighborhood SLV street patterns surrounding and directly supporting the social, cultural and economic activities of the other SLV street frontage types (note: future SLV Residential streets allowed).
[7]
SLV Lake Access frontage type: The primary intent of this SLVD frontage type is to enhance the connection between Sebago Lake Village and the Sebago Lake waterfront while protecting the region's drinking water supply. (Note: future SLV Lake Access streets allowed).
[a]
SLV note: When a parcel is a corner lot or is adjacent to two or more SLVD street frontage types, the standards of the SLVD street frontage type with the greater hierarchy prevail, with the SLV Core being the highest and the SLV Access being the lowest, except when the parcel is adjacent to an SLV Lake Access street frontage. If a parcel has frontage on an SLV Lake Access street, the provisions of the SLV Lake Access frontage type apply to all street frontages. The Planning Board may approve favoring the lower hierarchy street if it finds development favoring the greater hierarchy street impracticable.
(d)
Once the parcel is located, refer to the appropriate building development standards as defined in this section. Building and parking placement regulations are outlined in Subsection C, "FBCVD dimensional standards." The FBCVD street frontage types in Subsections E, "Standish Corner District standards" and F, "Sebago Lake Village District standards," outline the specific details for such issues as block lengths, FBCVD streetscapes, and permitted uses. Building form regulations are outlined in Subsection B, "Administration provisions" under Subsection B(2)(f), "General standards."
(e)
For code enforcement officer review: Proceed to the Code Enforcement Officer.
(5)
Supplemental Planning Board Review in the Standish Corner District. For any project triggering supplemental Planning Board review within the Standish Corner District, the review process shall be as follows:
(a)
On SCD Town Center, SCD Town Main, SCD Town Gateway, and existing and proposed SCD Town Avenue street frontage types, building footprints are allowed up to 5,000 square feet. Applicants for developments with buildings that have a footprint greater than 5,000 square feet must demonstrate compliance with the following standards:
[1]
The lot shall be limited to one curb cut. Any other existing curb cuts shall be closed. A second curb cut may be allowed by the Planning Board if it is in the interest of public safety.
[2]
If the building is on a corner parcel, the site shall be accessed from the secondary SCD street.
[3]
Access shall be built to an allowable SCD street frontage type if the development abuts future developable land, an existing street, or a proposed right-of-way shown on a Planning Board approved Connectivity Master Plan. Such streets shall provide for the proper continuation of streets from adjacent subdivisions and built-up areas and proper projection of streets into adjacent unsubdivided and open land. Notwithstanding the above requirements of this Subsection B(5)(a)[3], the following requirements apply to "pioneer lots" described in § 181-7.1B(3) containing buildings with building footprints over 5,000 square feet:
[a]
Prior to the issuance of a building permit for the pioneer lot, the full required width and length of a right of way allowing continuation as outlined above shall be permanently reserved to the allowable SCD street frontage type by such instrument approved as to form by the Town Attorney and recorded by the owner of the pioneer lot in the Registry of Deeds;
[b]
Only 1/2 of the width of the allowable SCD street frontage type need be built prior to occupancy of the pioneer lot when only the pioneer lot is being served;
[c]
Travel lane improvements shall be built and substituted for on-SCD street parking and bike lane improvements as part of the built SCD street frontage type when only the pioneer lot is being served;
[d]
The length of the allowable SCD street frontage type required to be built to serve the pioneer lot prior to occupancy shall be such length as is necessary, as determined by the Planning Board, to serve the pioneer lot; and
[e]
As soon as the access is to serve more than the pioneer lot the entire width and length of the allowable SCD street frontage type shall be built to the allowable SCD street frontage type on the pioneer lot.
[4]
Parking areas shall include connections to existing or future parking areas on adjacent parcels.
[5]
The building shall meet the applicable SCD street frontage type building form and SCD streetscape standards.
[6]
The applicable SCD street frontage type SCD streetscape standards shall be installed and maintained at the cost of the developer.
(b)
On SCD Town Center, SCD Town Main, SCD Town Avenue, and SCD Town Gateway street frontage types, applicants for developments that propose to create additional parking spaces above those required in § 181-7.1D(1); must demonstrate to the Planning Board the need for the additional spaces based upon national parking demand studies such as those published by the Institute of Traffic Engineers or by data on actual parking demand for similar uses in similar situations. When considering the need for additional parking on a site with multiple uses, the Planning Board will consider the ability for those uses to share the onsite parking based on the layout of the site and the expected peak parking demand times of each use.
(c)
On SCD Town Center street frontage type, parcels that are less than 20,000 square feet in area but are more than 15,000 square feet in area are required to receive a minimum lot size reduction permit from the Code Enforcement Officer prior to grant of any Planning Board approval or issuance of any building permit, whichever occurs first, as applicable. Only the lots served by public water are eligible for a minimum lot size reduction permit.
(d)
On SCD Town Center, SCD Town Avenue and SCD Town Main street frontage types, applicants for developments that do not meet the applicable SCD street frontage type minimum SCD street frontage required build-to-zone must demonstrate compliance with the following standards:
[1]
The proposed new building is placed on the lot to the minimum setback on one side of the lot frontage so as to accommodate future parcel subdivision and/or building development on the remainder of the parcel.
[2]
Identification on the site plan to which side setback the parcel building shall be placed, the size of the building, the location of parking, the location of driveway egress and how remaining frontage shall be subdivided (if applicable) and how remaining frontage shall be treated to maintain a building wall or permanently screen parking the required distance from the required build-to-zone.
[3]
If off-street parking, located at the applicable SCD street frontage type parking setback line, is clearly visible from the SCD street, then it shall be adequately screened by landscaping treatment or else the construction of an SCD street wall (20 inches to 40 inches in height along the required build-to-zone) shall be required.
[4]
If off-street parking is the long-term design for the remaining required build-to-zone SCD street frontage, then the lot shall be served by one curb cut and any other existing curb cuts shall be closed. A second curb cut may be allowed by the Planning Board if it is in the interest of public safety.
[5]
If the parcel abuts adjacent developable land or existing SCD streets or right-of-way, then the access drive shall be built to the allowable SCD street frontage type to encourage future development and connectivity.
[6]
If off-street parking is the long-term plan for the remaining required build-to-zone frontage, the required SCD streetscape for the existing SCD street frontage type shall be installed at the time of construction.
(e)
If a proposed building on an SCD Town Center, SCD Town Avenue or SCD Town Main street frontage type is greater than 50 linear feet along the applicable minimum SCD street frontage, the applicant shall demonstrate compliance with the following standards:
[1]
The lot shall be limited to one curb cut. Any other existing curb cuts shall be closed. A second curb cut may be allowed by the Planning Board if it is in the interest of public safety.
[2]
The applicable SCD street frontage type building standards shall be met and the building configuration shall be articulated into more than one form using changes in architectural features such as dormers, materials or fenestration.
[3]
The SCD streetscape required by the applicable SCD street frontage type shall be installed and maintained at the time of construction at the expense of the developer.
(6)
Supplemental Planning Board Review in the Sebago Lake Village District. For any project triggering supplemental Planning Board review within the Sebago Lake Village District, the review process shall be as follows:
(a)
On SLV Core, SLV Fringe, SLV Business, and SLV Gateway street frontage types, applicants for developments that propose to create additional parking spaces above those required in § 181- 7.1D(2), must demonstrate to the Planning Board the need for the additional spaces based upon national parking demand studies such as those published by the Institute of Traffic Engineers or by data on actual parking demand for similar uses in similar situations. When considering the need for additional parking on a site with multiple uses the Planning Board will consider the ability for those uses to share the onsite parking based on the layout of the site and the expected peak parking demand times of each use.
(b)
On SLV Core, SLV Fringe, SLV Business, and SLV Gateway street frontage types, parcels that are less than 20,000 square feet in area are required to receive a minimum lot size reduction permit from the Code Enforcement Officer prior to grant of any Planning Board approval or issuance of any building permit, whichever occurs first, as applicable. Only lots served by public water are eligible for a minimum lot size reduction permit.
(c)
On SLV Core, SLV Fringe, and SLV Gateway street frontage types, applicants for developments that do not meet the applicable FBCVD street frontage type minimum FBCVD street frontage required build-to-zone must demonstrate compliance with the following standards:
[1]
The proposed new building is placed on the lot to the minimum setback on one side of the lot frontage so as to accommodate future parcel subdivision and/or building development on the remainder of the parcel.
[2]
Identification on the site plan to which side setback the parcel building shall be placed, the size of the building, the location of parking, the location of driveway egress and how remaining frontage shall be subdivided (if applicable) and how remaining frontage shall be treated to maintain a building wall or permanently screen parking the required distance from the required build-to-zone.
[3]
If off-street parking, located at the applicable street frontage type parking setback line, is clearly visible from the SLVD street, then it shall be adequately screened by landscaping treatment or else the construction of an FBCVD street wall (20 inches to 40 inches in height along the required build-to-zone) shall be required.
[4]
If the parcel abuts adjacent developable land or existing SLVD streets or right-of-way, then the access drive shall be built to the allowable SLVD street frontage type to encourage future development and connectivity.
[5]
If off-street parking is the long-term plan for the remaining required build-to-zone frontage, the required SLVD streetscape for the existing street frontage type shall be installed at the time of construction.
(d)
If a proposed building on an SLV Core, SLV Fringe, and SLV Gateway street frontage type is greater than 50 linear feet along the applicable minimum SLVD street frontage, the applicant shall demonstrate compliance with the following standards:
[1]
The lot shall be limited to one curb cut. Any other existing curb cuts shall be closed. A second curb cut may be allowed by the Planning Board if it is in the interest of public safety.
[2]
The applicable SLVD street frontage type building standards shall be met and the building configuration shall be articulated into more than one form using changes in architectural features such as dormers, materials or fenestration.
[3]
The SLVD streetscape required by the applicable street frontage type shall be installed and maintained at the time of construction at the expense of the developer.
(7)
General standards.
(a)
All developments in a Form Based Code Village District, except for a new single-family dwelling located on a lot of record created prior to the district, shall include buried utilities and shall be on public water unless a waiver is granted per § 181-35.9 of this chapter.
(b)
Each FBCVD street frontage type has a range of activities that may trigger a supplemental Planning Board review.
(c)
Building form standards:
[1]
The building form standards of § 181-7.1B(7)(c) are applicable to all street frontage types except residential streets and to all uses except single-family homes. The Planning Board may modify elements of these building form standards provided that it finds the overall intentions of the district and street frontage type are being met. In addition to the building form standards themselves, refer to the overall standards of § 181-7.1B(2) and the descriptions of each street frontage type found in § 181-7.1B(4)(b) and (c).
[2]
The style of a building shall be consistent throughout a single development. There are numerous 19th century buildings in Standish that provide inspiration for the design of a building that is consistent with the Colonial New England character of the Village and appropriate for the purposes of the applicable street frontage as described in § 181-7.1B(4)(b) and (c).
[3]
Franchise architecture shall not define the style of the building. Corporate identity shall be secondary to the overall character and form of the building. A building shall not function as a sign for a particular brand.
[4]
Careful attention shall be given to the total design of the building, including, but not limited to, pitched roofs, eaves, dormers, cornices, trim, materials, proportion, massing and the rhythm of architectural features such as windows, doors and columns.
[5]
Window and door to facade ratios:
[a]
Standish corner district: Blank lengths of wall exceeding 20 linear feet are prohibited in all RBZs. Walls in RBZs shall have windows or doors spaced no more than 20 feet apart. Building facades may include jogs of up to 18 inches.
[b]
Sebago lake village district: Blank lengths of wall exceeding 25 linear feet are prohibited facing any SLVD street with the exception of SLV Business streets which may have blank lengths of wall of up to 50 linear feet. Building facades may include jogs to articulate entrances, break down the form of the building or create outdoor areas for seating or the display of goods.
[c]
The percentage of fenestration (windows and other openings) in a building facade shall be between 30% and 90%, except that SLV Business street facades may have a fenestration percentage of between 10% and 90%.
[6]
Building projections:
[a]
Awnings, porches and stoops shall not project closer than five feet to a common lot line.
[b]
No part of any building, except projecting signage, overhanging eaves, balconies and awnings, shall encroach beyond the minimum required setback. An eight-foot clearance must be maintained between the ground and the bottom of the projecting encroachment. The top of projecting signage or awnings shall not be placed higher than the second-story floor.
[c]
Awnings on business and commercial buildings shall have a minimum depth of six feet. Awnings shall have no side panels or soffit and shall be rectangular in elevation and triangular in cross-section. Awnings shall not screen architectural details. Awnings shall be nontranslucent and shall not be backlit. All awnings on a building shall be identical in color and form.
[d]
Porches and colonnades shall be a minimum of eight feet deep.
[e]
Columns, piers or posts supporting a porch or colonnade shall be vertically proportioned with the overall facade composition.
[7]
Doors/entries:
[a]
All buildings must have a functioning entry door on facades facing the primary FBCVD street. Functioning entry doors shall be provided along facades at intervals of not greater than 50 linear feet, except that SLV Business street facades may have entry doors at intervals not greater than 100 linear feet. Entry doors shall be emphasized by detailing, massing, changes in material or other architectural method.
[b]
Loading docks, overhead doors, and other service entries are prohibited on FBCVD street facing facades. Overhead doors existing as of the effective date of this section may be retained.
[8]
Building walls:
[a]
Window and door openings shall not span vertically more than one story.
[b]
Window openings shall correspond to interior space and shall not span across building structure such as floor structural and mechanical thickness.
[c]
Wall materials shall be consistent horizontally (i.e., joints between different materials must be horizontal and continue around corners), except for chimneys and piers. Durable wall materials shall be used, such as brick, clapboard, wood shingles or stone. Synthetic or composite siding materials are acceptable if they are substantially identical in appearance as natural materials and of equal or greater durability. Concrete block, split face block, multicolored brick, asphalt shingles, T-111 and plywood are prohibited. Metal siding is permissible only on Gateway and Business street frontage types.
[d]
Material changes shall be made within constructional logic - as where an addition (of a different material) is built onto the original building. Consideration shall be given to the quality of the materials and design on all sides of a building with emphasis on the sides visible from streets or drives.
[e]
Facade articulations are required to reduce the apparent length, monotony and mass of larger buildings, creating the illusion of several smaller buildings with common walls and a consistent rhythm of facades. No facade shall exceed 50 feet without an interruption of the horizontal plane of the wall of a minimum of three feet with the exception of SLV Business facades which shall not exceed 100 feet without an interruption of the horizontal plane of the wall of a minimum of three feet.
[f]
Design elements that add depth and visual interest to a building facade such as mixing materials and colors, decorative trim and molding, cornice details, stepped facades and columns are encouraged. Decorative elements shall be consistent with the architectural character of the building and scaled appropriately.
[9]
Roofs:
[a]
One-story buildings shall have a pitched roof between 6:12 and 14:12 except on Town Gateway and SLV Business streets, where one-story buildings with flat roofs are allowed. Pitched roofs shall be a symmetrical gable, hip, gabled hip, hipped gable, flared hipped or cross gable. Roof design shall be used as a method for breaking up the mass of the building.
[b]
Buildings over 50 feet in length with symmetrical gabled pitched roofs shall break up the roof with multiple dormers proportioned and coordinated with the overall facade design. Dormers, except for horizontally proportioned shed dormers, shall include a vertically proportioned window matching the overall building design. The window shall light a finished or unfinished habitable space.
[c]
Natural roof ventilation using linear soffit vents, ridge vents and dormer vents is required and exposed roof vents such as turbines or power roof ventilators are not permitted. Buildings with flat roofs are exempt from this requirement provided that all mechanical equipment is concealed as required in § 181-7.1B(7)(c)[9][e].
[d]
Gutters, downspouts and projecting drainpipes shall be made of galvanized steel or painted aluminum to match the fascia or wall material. Downspouts shall be integrated with the facade design and generally placed at the corner of buildings. Downspouts shall be connected to rain barrels or underground drainage systems or cisterns.
[e]
Flat roofs are only allowed on buildings with two or more floors except on Town Gateway and SLV Business streets, where one-story flat-roof buildings are allowed. The second floor must be occupiable or designed to be occupied in the future per all applicable codes. Flat roofs shall be enclosed by parapets a minimum height of 42 inches or as required to conceal the view of mechanical equipment.
[f]
The cornice of a flat-roof building shall be between 1/15 and 1/18 of the building height.
[10]
Multi-floor buildings:
[a]
Multi-floor buildings shall be designed to accommodate a pedestrian scale by providing a sense of "base," "middle" (where applicable) and "top."
[b]
Ground-level facades shall be given a "stronger" appearance than upper floors. Distinction of ground-level facades from other floors shall occur by incorporating a minimum of two of the following features: color change, texture change, fenestration change or material change.
[c]
Ground-floor ceiling heights shall be taller than upper stories to emphasize the ground floor as the "base" of the building. Ground-floor ceiling heights of nonresidential buildings shall have a minimum height of 12 feet. Floors above the ground level shall have a minimum height of eight feet.
[d]
Middle or second floors of the building shall be made distinct from the ground floor by a change in material or material color, fenestration pattern or other architectural component.
[e]
The first floor and upper floors shall have a coordinated composition, which will usually be indicated by the alignment of upper-floor windows and other features with openings and features of the first floor. Entryways shall clearly be the main focus of the front facade.
[11]
Street walls (stone, wrought iron, brick, wood or a combination of materials, etc.): Establish a clear edge to the street where the buildings do not define outdoor space and separate the street from the private realm (parking lots, trash disposal bins, gardens, and equipment). Street walls shall be between 20 inches and 40 inches in height and are permitted along the frontage and common lot lines. All street walls shall be as carefully designed as the building facade, with the finished side out (i.e., the "better" side facing the street).
[12]
Windows and doors:
[a]
Window glass shall be clear, with light transmission at the ground story at least 90% and at least 75% for the upper stories (modification may be made as necessary to meet any applicable building code requirements).
[b]
Doors shall be of wood, glass, clad wood, steel or a combination thereof.
[c]
Tinted glass is not allowed. Ultraviolet protection glass of the highest transparency is allowed.
[d]
Single glass panes shall be no larger than 20 square feet. Panes shall be separated by muntins.
_1.tif.png "181 181-7.1B(7)_1.tif") |
_2.tif.png "181 181-7.1B(7)_2.tif") |
[13]
Green building design standards:
[a]
Best management practices for energy-efficiency and low-impact development are encouraged. Use of Leadership in Energy & Environmental Design (LEED) standards, established by the United States Green Building Council or similar organizations, is encouraged.
[b]
Green roofs on flat-roof buildings are encouraged and may be considered pervious for impervious calculations. Flat-roof buildings shall otherwise use white membrane/high albedo roofing materials.
(e)
All development within a Form Based Code Village District creating more than 10,000 square feet of new impervious surfaces must employ low-impact development (LID) technologies such as, but not limited to, pervious concrete and bituminous concrete, porous pavers and rain gardens or best management practices (BMPs) as parcels are developed to minimize and treat stormwater runoff. Existing developed areas should be retrofitted with LID or best management practices (BMPs) as parcels are redeveloped to minimize and treat stormwater runoff in a decentralized manner. Refer to LID Guidance for Maine Communities: Approaches for Implementation of Low Impact Development at the Local Level, prepared for the Maine Coastal Program of Maine State Planning Office and dated September 21, 2007, as may be amended from time to time, as a primary resource in addition to ongoing research and field testing of LID/BMPs for northern climates.
(f)
The siting of drive-through windows must be located behind and screened by the principal building, unless otherwise specified in the permitted use sections of each SCD FBCVD street frontage type. Location and design of the access driveway shall minimize impacts on pedestrian activity and comply with the Town of Standish Access Management Standards. Stacking of cars shall not be permitted in an access driveway, and instead the parking lot must be used for stacking. The diagrams below are representative of appropriate site design for drive-throughs that meet these standards.
(f) Drive-Through.tif.png "181 181-7.1B(7)(f) Drive-Through.tif") |
C.
FBCVD dimensional standards.
(1)
Lot size.
(a)
Standish corner district minimum lot sizes:
Town Center | Town Main | Town Avenue | Town Gateway | Town Residential | |
|---|---|---|---|---|---|
Minimum lot size | 15,000 square feet* | 15,000 square feet* | 20,000 square feet | 20,000 square feet | 30,000 square feet |
* | Lots between 15,000 and 20,000 square feet require a minimum lot size reduction permit issued by the Code Enforcement Officer and trigger Supplemental Planning Board Review. |
(b)
Sebago lake village minimum lot sizes:
Core | Fringe | Gateway | Business | Residential | Res-Collector | Lake Access | |
|---|---|---|---|---|---|---|---|
Single-family home | 15,000 square feet | 20,000 square feet | 40,000 square feet** (60,000 square feet) | 40,000 square feet** (60,000 square feet) | 40,000 square feet** (60,000 square feet) | 40,000 square feet** (60,000 square feet) | No minimum |
All other uses (per 100 gallons daily design sewage flow) | 7,000 square feet* | 7,000 square feet* | 15,0000 square feet* (20,000 square feet) | 15,0000 square feet* (20,000 square feet) | 15,0000 square feet* (20,000 square feet) | 15,0000 square feet* (20,000 square feet) | No minimum |
Minimum lot sizes shown are: with public water and (without public water). | |
|---|---|
* | Lots under 20,000 square feet for uses other than single-family homes require a minimum lot size reduction permit issued by the Code Enforcement Officer and trigger Supplemental Planning Board Review. |
** | Residential lots which are part of a conservation subdivision in the SLVG, SLVR, and SLVRC frontage types have a maximum density of one unit per 30,000 square feet of net residential area |
(2)
FBCVD right-of-way widths.
(a)
For purposes of § 181-7.1, zoning setbacks for the eight-rod-wide range ways commonly known as the "Northeast, Southwest, Northwest and Southeast Roads," shall be measured from the applicable county or state right-of-way limits rather than the eight-rod-wide range way limits, except that in no event shall new private structures be constructed within the limits of the eight-rod-wide range ways.
(b)
The FBCVDs contain portions of Route 25, Route 35 and Oak Hill Road with varying associated historic right-of-way (ROW) widths.
[1]
The Town right-of-way for the historic eight-rod-wide range way that is now Route 25 from Oak Hill Road to the Gorham Town line is assumed to be eight rods or 132 feet in width.
[2]
The portion of Route 35 from its intersection with Route 25 through its intersection with Route 114 contains an historic eight rod range way.
[3]
Oak Hill Road is assumed to have been reduced to a six-rod or ninety-nine-foot-wide right-of-way as per a plan titled "Oak Hill Road Right of Way Survey for the Town of Standish," by Roberts Libby, PLS No. 2190, of BH2M Engineers, dated April 1997.
[4]
The portion of Route 25 running from Oak Hill Road towards Limington is assumed to contain a four-rod or sixty-six-foot-wide right-of-way.
(3)
Building and parking placement and form.
(a)
Standish Corner District standards.
(a).tif.png "181 181-7.1C(3)(a).tif") |
Figure Key | Town Center | Town Main | Town Avenue | Town Gateway | Town Residential | |
|---|---|---|---|---|---|---|
Minimum front setback | A | — | — | 15 feet | 50 feet | 15*** |
Maximum front setback* | B | 10 feet | 15 feet | 30 feet | — | 25 feet |
Side street setback | C | — | 15 feet | 10 feet | 15 feet | 15 feet |
Side setback | D | 5 feet | 10 feet | 10 feet | 15 feet | 15 feet |
Rear setback | E | 10 feet | 10 feet | 10 feet | 10 feet | 10 feet |
Primary BtZ percentage | F | 60% to 80% | 50% to 80% | 50% to 80% | — | — |
Side BtZ percentage | G | 30% min. | 30% min. | 30% min. | — | — |
Front parking setback | 20 feet | 20 feet | 20 feet | 20 feet | 40*** | |
Side/rear parking setback** | 5 feet | 5 feet | 5 feet | 5 feet | 15 feet | |
Min. building height | 16 feet | 16 feet | 16 feet | 16 feet | 20 feet | |
Max. building height | 35 feet | 35 feet | 35 feet | 35 feet | 35 feet |
* | For properties where adjacent buildings are set back more than the maximum allowed front setback, the front setback may be set to align with the front building face of the least nonconforming, immediately adjacent property or double the maximum setback in that zone, whichever is less. |
** | Parking must be setback a minimum of 15 feet from properties solely in residential use. Parking areas shared between lots or accessed through shared curb cuts are exempt from setbacks on the shared lot line. |
*** | On properties with a primary residential use in the Town Residential street frontage type; porches and driveway parking may be placed within front setbacks provided they do not impact visibility and public safety. |
(b)
Sebago Lake Village District standards.
(b).tif.png "181 181-7.1C(3)(b).tif") |
Figure Key | Core | Fringe | Gateway | Business | Res. Connector | Residential | Lake Access | |
|---|---|---|---|---|---|---|---|---|
Minimum front setback | A | 0 feet | 15 feet | 50 feet* | 25 feet | 25 feet* | 25 feet* | 25 feet |
Maximum front setback** | B | 10 feet | 25 feet | — | — | — | — | — |
Side street setback | C | 0 feet | 10 feet | 25 feet | 25 feet | 25 feet | 25 feet | 25 feet |
Side setback | D | 10 feet | 10 feet | 15 feet | 25 feet | 15 feet | 15 feet | 25 feet |
Rear setback | E | 10 feet | 10 feet | 15 feet | 25 feet | 10 feet | 10 feet | 25 feet |
Primary RBZ percentage | F | 60% to 80% | 30% to 50% | — | — | — | — | — |
Side RBZ percentage | b | — | — | — | — | — | — | — |
Front parking setback**** | Parking may not be closer to the front property line than the front of the primary structure. | |||||||
Side/rear parking setback*** | 5 feet | 5 feet | 10 feet | 25 feet | 10 feet | 10 feet | 25 feet | |
Min. building height | 20 feet | 20 feet | 20 feet | 20 feet | — | 20 feet | 20 feet | 20 feet |
Max. building height | 35 feet | 35 feet | 35 feet | 35 feet | 35 feet | 35 feet | 35 feet | 35 feet |
* | For properties in the Gateway, Residential, and Residential Connector street frontage types where adjacent buildings are set back less than the minimum allowed setback the front set back may be set to align with the front face of the least nonconforming, immediately adjacent property or half the minimum setback, whichever is more. |
** | For properties where adjacent buildings are set back more than the maximum allowed front setback, the front setback may be set to align with the front building face of the least nonconforming, immediately adjacent property or double the maximum setback, whichever is less. |
*** | Parking must be setback a minimum of 15 feet from properties solely in residential use. Parking areas shared between lots or accessed through shared curb cuts are exempt from setbacks on the shared lot line. |
**** | On properties with a primary residential use driveway parking may be placed within front setbacks provided it does not impact visibility and public safety. |
D.
FBCVD parking standards.
(1)
Standish Corner parking standards.
(a)
Required spaces:
(b)
In the Town Center, Town Main, and Town Avenue street frontages, 50% of the parking requirement may be provided off site within 1,300 feet with approval of the Planning Board. Off-site parking must have evidence of perpetual right of owner, his/her/its successors, and assigns to use off-site parking by instrument recorded at Registry of Deeds.
(c)
In the Town Center, Town Main, and Town Avenue street frontages 50% of on-site parking may utilize compact parking space dimensions.
(2)
Sebago Lake Village parking standards.
(b)
In the SLV Core, SLV Fringe, and SLV Gateway street frontages, 50% of the parking requirement may be provided off site within 1,000 feet with approval of the Planning Board. Off-site parking must have evidence of perpetual right of owner, his/her/its successors, and assigns to use off-site parking by instrument recorded at Registry of Deeds.
(c)
In the SLV Core, SLV Fringe, and SLV Gateway street frontages, 50% of on-site parking may utilize compact parking space dimensions.
E.
Standish Corner District standards.
(1)
Town Center (TC) standards.
(a)
Maximum building floor area: none.
(b)
Parking drives must be a minimum of 16 feet in width or as required by the Standish Fire Department. Shared drives are encouraged between adjacent lots to minimize curb cuts. On corner lots, parking drive shall not be located on the primary SCD street unless shared with a noncorner lot.
(c)
SCD street space standards (TC).
Location (width distances) | ||
|---|---|---|
Sidewalk required | 8 feet (both sides) | U |
Amenity zone | 8 feet for 66-foot-wide right-of-way | V |
Shoulder | 6 feet (two lanes) | W |
Travel Lanes | 11 feet (two lanes) | X |
(d)
Lot width and block length (TC).
Lot width | No minimum |
Block length | 250 feet minimum to 450 feet maximum |
(e)
Supplemental Planning Board review triggers (TC).
[1]
Proposed or existing buildings not meeting minimum RBZ SCD street frontage requirement.
[2]
Proposed projects not utilizing TC required parking spaces.
[3]
Proposed buildings more than 50 feet along RBZ SCD street frontage.
[4]
Proposed lot less than 20,000 square feet but greater than or equal to 15,000 square feet.
[5]
Proposed building footprint over 5,000 square feet.
(f)
Town Center (TC) allowed land uses and permit requirements (TC).
[1]
Uses not listed are not permitted. Nonconforming uses and structures existing as of the date of adoption of the Standish Corner District are subject to standards of Article V (Nonconforming Uses). When site plan review is triggered by a proposed change in use and/or structure, the use and/or structure shall comply with applicable SCD street frontage type standards to the greatest extent practicable as determined by the Planning Board.
[2]
Planning Board review is required for new construction, expansion, reconstruction and subdivision, but only Code Enforcement Officer approval is required for subsequent changes in use in existing structures that meet all of the following:
[a]
Do not increase anticipated traffic volumes by more than 10%;
[b]
Do not change vehicular traffic patterns;
[c]
Do not increase parking requirements by more than 10%;
[d]
Do not change the exterior visual appearance of buildings and continue to meet the applicable SCD street frontage type standards; and
[e]
That are allowed uses in the applicable SCD street frontage type.
[3]
Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer only:
[a]
Accessory dwelling units.
[b]
Accessory uses and buildings.
[c]
Agriculture.
[d]
Dwelling, one unit.
[e]
Dwelling, two units.
[f]
Home occupation Level 1.
[g]
Home occupation Level 2.
[h]
Home occupation Level 3.
[i]
Home retail sales.
[j]
Outdoor display and sales.
[k]
Solar energy system, roof-mounted.
[l]
Solar energy system, small-scale.
[m]
Tradesman.
[n]
Yard or garage sale.
[4]
Permitted uses requiring site plan or subdivision review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 or Part 3 of this chapter:
[a]
Art center - indoor.
[b]
Art gallery/museum.
[c]
Bed-and-breakfast.
[d]
Business professional building.
[e]
Convenience store.
[f]
Day-care center.
[g]
Day-care home.
[h]
Dwelling, multi-family.
[i]
Dwelling, three- or four-family.
[j]
Inns.
[k]
Mechanical repair garage.
[l]
Motor vehicle sales.
[m]
Municipal uses.
[n]
Public utility.
[o]
Restaurant (includes outdoor dining).
[p]
Retail businesses.
[q]
Schools.
(g)
SCD streetscape standards (TC).
[3]
SCD street trees: Salt and urban tolerant. Three-inch minimum caliper. Thirty feet on center. Tree trunk shall be a minimum of three feet from curbline or edge of shoulder.
[4]
Signage:
[a]
Building-mounted in signable area: maximum 32 square feet.
[b]
Building-mounted by entrances serving second floor: maximum four square feet, including all tenants.
[c]
Projecting: minimum eight-foot clearance; maximum six square feet.
[d]
Sandwich boards: four square feet maximum.
[e]
No signs permitted in windows above second-story floor.
[f]
Sandwich boards permitted during hours of operation; may not impede pedestrian movement.
[g]
Only externally lit signs are permitted with the use of light-emitting diodes (LEDs) encouraged.
[h]
Cutoff light fixtures required.
[i]
Light-emitting diodes (LEDs) encouraged.
[j]
Wood, composite, or metal materials only.
[k]
Neon signs not permitted.
(2)
Town Main (TM) standards.
(a)
Maximum building floor area not to exceed 40,000 square feet.
(b)
Parking drives must be a minimum of 16 feet in width or as required by the Standish Fire Department. Shared drives are encouraged between adjacent lots to minimize curb cuts. On corner lots, parking drive shall not be located on the primary SCD street unless shared with a noncorner lot.
(c)
SCD street space standards (TM).
Location (width distances) | ||
|---|---|---|
Sidewalk required | 8 feet (both sides) | U |
Bike lane | 5 feet (two lanes) | W |
Travel lanes | 11 feet (existing) | X |
(d)
Lot width and block length (TM).
Lot width | No minimum |
Block length | 250 feet minimum to 450 feet maximum |
(e)
Supplemental Planning Board review triggers (TM).
[1]
Proposed building footprint over 5,000 square feet.
[2]
Proposed or existing buildings not meeting minimum RBZ SCD street frontage requirement.
[3]
Proposed projects not utilizing TM required parking spaces.
[4]
Proposed buildings wider than 50 feet along RBZ SCD street frontage.
[5]
Proposed lot less than 20,000 square feet but greater than or equal to 15,000 square feet.
(f)
Town Main (TM) allowed land uses and permit requirements (TM).
[1]
Uses not listed are not permitted. Nonconforming uses and structures existing as of the date of adoption of the Standish Corner District are subject to standards of Article V (Nonconforming Uses). When site plan review is triggered by a proposed change in use and/or structure, the use and/or structure shall comply with applicable SCD street frontage type standards to the greatest extent practicable as determined by the Planning Board.
[2]
Planning Board review is required for new construction, expansion, reconstruction and subdivision, but only Code Enforcement Officer approval is required for subsequent uses in existing structures that meet all of the following:
[a]
Do not increase anticipated traffic volumes by more than 10%;
[b]
Do not change vehicular traffic patterns;
[c]
Do not increase parking requirements by more than 10%;
[d]
Do not change the exterior visual appearance and continue to meet the applicable SCD street frontage type standards; and
[e]
That are allowed uses in the applicable SCD street frontage type.
[3]
Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer only:
[a]
Accessory dwelling units.
[b]
Accessory uses and buildings.
[c]
Agriculture.
[d]
Dwelling, one unit.
[e]
Dwelling, two units.
[f]
Home occupation Level 1.
[g]
Home occupation Level 2.
[h]
Home occupation Level 3.
[i]
Home retail sales.
[j]
Outdoor display and sales.
[k]
Solar energy system, roof-mounted.
[l]
Solar energy system, small-scale.
[m]
Tradesman.
[n]
Yard or garage sale.
[4]
Permitted uses requiring site plan or subdivision review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 or Part 3 of this chapter:
[a]
Adult day care.
[b]
Art center — indoor.
[c]
Art gallery/museum.
[d]
Bed-and-breakfast.
[e]
Business professional building.
[f]
Car wash village.
[g]
Churches.
[h]
Day-care center.
[i]
Day-care home.
[j]
Convenience store.
[k]
Dwelling, multi-family.
[l]
Dwelling, three- or four-family.
[m]
Flea market.
[n]
Fueling station.
[o]
Health care facility.
[p]
Home care services (grandfathered single-family homes only).
[q]
Hotel.
[r]
Indoor amusements and recreation.
[s]
Inns.
[t]
Outdoor recreation limited.
[u]
Mechanical repair garages.
[v]
Municipal uses.
[w]
Private clubs.
[x]
Public utility.
[y]
Research facility.
[z]
Residential care facility.
[aa]
Retail businesses.
[bb]
Restaurant.
[cc]
Restaurant, drive-through.
[dd]
Schools.
[ee]
Veterinary clinics.
(g)
SCD streetscape standards (TM).
[1]
Sidewalks and curbs.
[a]
Asphalt, brick, brick pavers and/or concrete (pervious/porous materials encouraged; fly ash concrete encouraged).
[b]
Asphalt or granite (curbing is not required where there is no on-SCD street parking or where low-impact development stormwater standards are implemented). A two-foot clear zone shall be maintained between the curb and/or SCD street shoulder and any SCD streetscape amenities.
[3]
SCD street trees: salt and urban tolerant. Three-inch minimum caliper. Thirty feet on center. Tree trunk shall be a minimum of three feet from curbline or edge of shoulder.
[4]
Signage:
[a]
Building-mounted in signable area: maximum 32 square feet.
[b]
Post-mounted: maximum 32 square feet. Bottom of sign no lower than four feet and top of sign no higher than eight feet.
[c]
Building-mounted by entrances serving second floor: maximum four square feet, including all tenants.
[d]
Projecting: minimum eight-foot clearance; maximum six square feet.
[e]
Sandwich boards: four square feet maximum.
[f]
No signs permitted above second-story floor, including signs in windows.
[g]
Sandwich boards permitted during hours of operation; may not impede pedestrian movement.
[h]
Only externally lit signs are permitted with the use of light-emitting diodes (LEDs) encouraged.
[i]
Cutoff light fixtures required.
[j]
Light-emitting diodes (LEDs) encouraged.
[k]
Wood, composite, or metal materials only.
[l]
Neon signs not permitted.
(3)
Town Avenue (TA) standards.
(a)
Maximum building floor area not to exceed 30,000 square feet.
(b)
Parking drives must be a minimum of 16 feet in width or as required by the Standish Fire Department. Shared drives are encouraged between adjacent lots to minimize curb cuts. On corner lots, parking drive shall not be located on the primary SCD street unless shared with a noncorner lot.
(c)
SCD street space (TA).
Location (width distances) | ||
|---|---|---|
Amenity Zone | 5 feet (both sides) | V |
On-SCD street parking | 8 feet (allowed, one side only) | W |
Bike lane | 5 feet (both sides) | X |
Travel lanes | 11 feet (two lanes) | Y |
(d)
Lot width and block length (TA).
Lot width | No minimum |
Block length | 250 feet minimum to 450 feet maximum (new SCD streets) |
(f)
Town Avenue (TA) allowed land uses and permit requirements (TA).
[1]
Uses not listed are not permitted. Legally nonconforming uses and structures existing as of the date of adoption of the Standish Corner District are subject to standards of Article V (Nonconforming Uses). When site plan review is triggered by a proposed change in use and/or structure, the use and/or structure shall comply with applicable SCD street frontage type standards to the greatest extent practicable as determined by the Planning Board.
[2]
Planning Board review is required for new construction, expansion, reconstruction and subdivision, but only Code Enforcement Officer approval is required for subsequent uses in existing structures that meet all of the following:
[a]
Do not increase anticipated traffic volumes by more than 10%;
[b]
Do not change vehicular traffic patterns;
[c]
Do not increase parking requirements by more than 10%;
[d]
Do not change the exterior visual appearance of structures and continue to meet the applicable SCD street frontage type standards; and
[e]
That are allowed uses in the applicable SCD street frontage type.
[3]
Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer only:
[a]
Accessory dwelling units.
[b]
Accessory uses and buildings.
[c]
Agriculture.
[d]
Dwelling, one unit.
[e]
Dwelling, two unit.
[f]
Home occupation Level 1.
[g]
Home occupation Level 2.
[h]
Home occupation Level 3.
[i]
Home retail sales.
[j]
Solar energy system, roof-mounted.
[k]
Solar energy system, small-scale.
[l]
Outdoor display and sales.
[m]
Yard or garage sale.
[4]
Permitted uses requiring site plan or subdivision review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 or Part 3 of this chapter:
[a]
Art center - indoor.
[b]
Art gallery/museum.
[c]
Business professional building.
[d]
Churches (must utilize on-SCD street parking or create shared parking).
[e]
Convenience store.
[f]
Day-care center.
[g]
Day-care home.
[h]
Dwelling, multi-family.
[i]
Dwelling, three- or four-family.
[j]
Elderly housing.
[k]
Flea market.
[l]
Hospital (new Town Avenue SCD street frontage type only).
[m]
Indoor amusements and recreation.
[n]
Inns.
[o]
Municipal uses.
[p]
Outdoor recreation limited.
[q]
Public utility.
[r]
Residential care facility.
[s]
Restaurant (includes outdoor dining).
[t]
Restaurant, drive-through.
[u]
Retail businesses.
[v]
Schools.
[w]
Village housing.
(g)
SCD streetscape standards (TA).
[3]
SCD street trees: Salt and urban tolerant three-inch minimum caliper. 30 feet on center. Tree trunk shall be a minimum of two feet from curbline or edge of shoulder.
[4]
Signage:
[a]
Building-mounted in signable area: maximum 32 square feet.
[b]
Building-mounted by entrances serving second floor: maximum four square feet, including all tenants.
[c]
Projecting: minimum eight-foot clearance; maximum six square feet.
[d]
Sandwich board: four square feet maximum.
[e]
No signs permitted above second-story floor, including signs in windows.
[f]
Sandwich boards permitted during hours of operation only; shall not impede pedestrian movement.
[g]
Only externally lit signs are permitted with the use of light-emitting diodes (LEDs) encouraged.
[h]
Cutoff light fixtures required.
[i]
Light-emitting diodes (LEDs) encouraged.
[j]
Wood, composite, or metal materials only.
[k]
Neon signs not permitted.
(4)
Town Gateway (TG) standards.
(a)
Maximum building floor area: 40,000 square feet.
(b)
Parking drives must be a maximum of 24 feet in width or as required by the Standish Fire Department. Shared drives are encouraged between adjacent lots to minimize curb cuts. On corner lots, parking drive shall not be located on the primary SCD street unless shared with a noncorner lot.
(c)
SCD street space (TG).
Location (width distance) | ||
|---|---|---|
Paved shoulder | 5 feet (both sides) | N |
Travel lanes | 11 feet (existing) | O |
(d)
Lot width and block length (TG).
Lot width | 200 feet minimum |
Block length | No minimum or maximum |
(f)
Town Gateway (TG) Zone allowed land uses and permit requirements (TG).
[1]
Uses not listed are not permitted. Nonconforming uses and structures existing as of the date of adoption of the Standish Corner District are subject to standards of Article V (Nonconforming Uses). When site plan review is triggered by a proposed change in use and/or structure, the use and/or structure shall comply with applicable SCD street frontage type standards to the greatest extent practicable as determined by the Planning Board.
[2]
Planning Board review is required for new construction, expansion, reconstruction and subdivision, but only Code Enforcement Officer approval is required for subsequent uses in existing structures that meet all of the following:
[a]
Do not increase anticipated traffic volumes by more than 10%;
[b]
Do not change vehicular traffic patterns;
[c]
Do not increase parking requirements by more than 10%;
[d]
Do not change the exterior visual appearance of structures and continue to meet the applicable SCD street frontage type standards; and
[e]
That are allowed uses in the applicable SCD street frontage type.
[3]
Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer only:
[a]
Accessory dwelling unit.
[b]
Accessory uses and buildings.
[c]
Agriculture.
[d]
Dwelling, single-family.
[e]
Dwelling, two-family.
[f]
Home occupation Level 1.
[g]
Home occupation Level 2.
[h]
Home occupation Level 3.
[i]
Home retail sales.
[j]
Outdoor display and sales.
[k]
Solar energy system, roof-mounted.
[l]
Solar energy system, small-scale.
[m]
Tradesman.
[n]
Yard or garage sale.
[4]
Permitted uses requiring site plan or subdivision review shall be as follows. Such uses shall require Planning Board approval, in accordance with § 181-7.1 and Part 2 and Part 3 of this chapter:
[a]
Adult day care.
[b]
Art gallery/museum.
[c]
Business professional building.
[d]
Churches.
[e]
Cluster development.
[f]
Convenience store (with fueling pumps to side only).
[g]
Collision repair garage.
[h]
Day-care center.
[i]
Day-care home.
[j]
Dwelling, multi-family.
[k]
Dwelling, three- or four-family.
[l]
Elderly housing.
[m]
Flea market.
[n]
Fueling station.
[o]
Greenhouses.
[p]
Health care facility.
[q]
Heavy-duty repair facility.
[r]
Heavy-duty repair garage.
[s]
Hotel.
[t]
Home care services.
[u]
Indoor amusements and recreation.
[v]
Mechanical repair garage.
[w]
Motel.
[x]
Motor vehicle sales.
[y]
Municipal uses.
[z]
Outdoor recreation.
[aa]
Private clubs.
[bb]
Public utility.
[cc]
Research facility.
[dd]
Retail businesses (drive-through located behind the building).
[ee]
Residential care facility.
[ff]
Restaurant.
[gg]
Restaurant, drive-through (side or behind the building).
[hh]
Social events center.
[ii]
Storage facilities.
[jj]
Veterinary clinics.
[kk]
Village housing.
[ll]
Warehouse.
[5]
Permitted uses requiring special exception review shall be as follows. Such uses shall require Board of Appeals approval, in accordance standards set forth in this Part 1. Such uses shall also require site plan or subdivision approval from the Planning Board in accordance with is § 181-7.1 and Part 2 and Part 3 of this chapter:
[a]
Shooting range, indoor.
(g)
SCD streetscape standards (TG). These standards are applicable when varying from existing standards for site plan review.
[3]
Buffering:
[a]
All existing trees three-inch caliper and larger shall be preserved in setbacks. In the front setback, deciduous trees may be limbed to eight feet.
[b]
Undergrowth may be removed and replaced with shade-tolerant understory plants in natural groupings of six every 30 feet.
[d]
All landscaping shall be maintained and replaced if necessary to maintain the required buffering.
[4]
Signage:
[a]
Building-mounted in signable area: maximum 100 square feet.
[b]
Post-mounted: maximum 32 square feet; bottom of sign no lower than four feet and no higher than eight feet.
[c]
Building-mounted by entrances serving second floor: maximum four square feet, including all tenants.
[d]
Projecting: minimum eight-foot clearance.
[e]
No signs permitted above second-story floor, including signs in windows.
[f]
Externally lit signs only; cutoff light fixtures required.
[g]
Light-emitting diodes (LEDs) encouraged.
[h]
Wood, composite, or metal materials only.
[i]
Neon signs not permitted.
(5)
Town Residential (TR) standards.
(a)
Maximum building floor area: none.
(b)
Parking drives must be a maximum of 12 feet in width or as required by the Standish Fire Department. Parking drives shall be located on the primary SCD street.
(c)
SCD street space standards (TR).
Location (width distances) | |
|---|---|
Rain garden | 6 feet (one side) |
Roadway | 22 feet |
(d)
Lot width and block length (TR).
Lot width | 80 feet minimum to 150 feet maximum (no minimum or maximum lot width for village housing or elderly housing) |
Block length | 400 feet minimum to 1,200 feet maximum |
(e)
Supplemental Planning Board review triggers (TR): none.
(f)
Town Residential (TR) allowed land uses and permit requirements (TR).
[1]
Uses not listed are not permitted. Nonconforming uses and structures existing as of the date of adoption of the Standish Corner District are subject to standards of Article V (Nonconforming Uses). When site plan review is triggered by a proposed change in use and/or structure, the use and/or structure shall comply with applicable SCD street frontage type standards to the greatest extent practicable as determined by the Planning Board.
[2]
Planning Board review is required for new construction, expansion, reconstruction and subdivision, but only Code Enforcement Officer approval is required for subsequent uses in existing structures that meet all of the following:
[a]
Do not increase anticipated traffic volumes by more than 10%;
[b]
Do not change vehicular traffic patterns;
[c]
Do not increase parking requirements by more than 10%;
[d]
Do not change the exterior visual appearance and continue to meet the applicable SCD street frontage type standards; and
[e]
That are allowed uses in the applicable SCD street frontage type.
[3]
Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer only:
[a]
Accessory dwelling unit.
[b]
Accessory uses and buildings.
[c]
Agriculture.
[d]
Dwelling, single-family.
[e]
Dwelling, two-family.
[f]
Home occupation Level 1.
[g]
Home occupation Level 2.
[h]
Home occupation Level 3.
[i]
Home retail sales.
[j]
Solar energy system, roof-mounted.
[k]
Solar energy system, small-scale.
[l]
Tradesman.
[m]
Yard or garage sale.
[4]
Permitted uses requiring site plan or subdivision review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 or Part 3 of this chapter:
[a]
Day-care home.
[b]
Cluster development.
[c]
Bed-and-breakfast (limit of four guest rooms).
[d]
Convenience store (limited to 1,000 square feet and shall be located at an intersection).
[e]
Church (shall be located at an intersection).
[f]
Dwelling, multi-family.
[g]
Dwelling, three- or four-family.
[h]
Elderly housing.
[i]
Public utility.
[j]
School.
[k]
Town services.
[l]
Village housing.
(g)
SCD streetscape, building and buffering standards (TR).
[1]
Sidewalks and curbs:
[3]
SCD street trees: Salt and urban tolerant. Three-inch minimum caliper, 30 feet to 50 feet on center. Three feet clear of curbline or edge of shoulder.
[4]
Buffering:
[a]
On-site parking for nonresidential uses shall be buffered with plantings and fencing to minimize visual impacts and glare from headlights.
[b]
Waste storage for convenience stores must be completely screened from view. Waste storage for all other uses shall not be visible from the SCD street and buffered from abutters.
[5]
Signage (property cannot have both post-mounted and projecting signage):
[a]
Single-post-mounted: maximum six square feet; bottom of sign no lower than six feet and top no higher than eight feet.
[b]
Building-mounted by entrances serving second floor: maximum four square feet, including all tenants.
[c]
Projecting: maximum six square feet.
[d]
No signs permitted in windows above second-story floor.
[e]
No lit signs allowed.
[f]
Wood, composite, or metal materials only.
[7]
Green building design standards: Best management practices for energy efficiency and low-impact development are encouraged. Use of LEED design standards as established by the United States Green Building Council or similar organizations is encouraged.
F.
Sebago Lake Village District standards.
(1)
SLV Core (SLVC) standards.
(a)
Maximum building footprint: 5,000 square feet.
(b)
Parking drives must be a minimum of 16 feet in width or as required by the Standish Fire Department. Shared drives are encouraged between adjacent lots to minimize curb cuts.
(c)
SLVCD street space standards (SLVC).
Location (width distances) | ||
|---|---|---|
Travel lanes | 12 feet (two lanes) | A |
Sidewalk required | 6 feet (both sides) | F |
On-street parking | 8 feet | C |
Paved shoulders | 4 feet where a travel, turning, parking lane is not located adjacent to a curb | H |
(d)
Lot width and block length.
Lot width | No minimum |
Block length | 250 feet minimum to 450 feet maximum |
(e)
Supplemental Planning Board review triggers SLVC
(f)
Sebago Lake Village Core (SLVC) allowed land uses and permit requirements (SLVC).
[1]
Refer to the Sebago Lake Village District Regulating Plan for the location of SLVD street frontage types to determine permitted uses.
[2]
Nonconforming uses and structures existing as of the date of adoption of the Sebago Lake Village District are subject to standards of Article V (Nonconforming Uses). When site plan review is triggered by a proposed change in use and/or structure, the use and/or structure shall comply with applicable SLVD street frontage type standards to the greatest extent practicable as determined by the Planning Board.
[3]
Planning Board review is required for new construction, expansion, reconstruction and subdivision, but only Code Enforcement Officer approval is required for subsequent changes in use in existing structures that meet all of the following:
[a]
Do not increase anticipated traffic volumes by more than 10%;
[b]
Do not change vehicular traffic patterns;
[c]
Do not increase parking requirements by more than 10%;
[d]
Do not change the exterior visual appearance of buildings and continue to meet the applicable SLVD street frontage type standards; and
[e]
That are allowed uses in the applicable SLVD street frontage type.
[4]
Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer only:
[a]
Accessory dwelling unit.
[b]
Accessory uses and buildings.
[c]
Agriculture.
[d]
Dwelling, one unit.
[e]
Dwelling, two unit.
[f]
Home occupation Level 1.
[g]
Home occupation Level 2.
[h]
Home occupation Level 3.
[i]
Home retail sales.
[j]
Outdoor display and sales.
[k]
Solar energy system, roof-mounted.
[l]
Solar energy system, small-scale.
[m]
Tradesman.
[n]
Yard or garage sale.
[5]
Permitted uses requiring site plan or subdivision review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 or Part 3 of this chapter:
[a]
Adult day care.
[b]
Art center.
[c]
Art center - indoor.
[d]
Art gallery/museum.
[e]
Bed-and-breakfast.
[f]
Business professional building.
[g]
Church.
[h]
Convenience store.
[i]
Day-care home.
[j]
Dwelling, multi-family (must comply with § 181-7.1F(1)(a).
[k]
Dwelling, three- or four-family (must comply with § 181-7.1F(1)(a).
[l]
Elderly housing.
[m]
Fueling station.
[n]
Home care services.
[o]
Municipal uses.
[p]
Public utility.
[q]
Restaurant (includes outdoor dining).
[r]
Retail businesses (drive-through facility allowed only behind the building).
(g)
SLVD streetscape standards (SLVC).
[3]
SLVD street trees: Salt and urban tolerant. Three-inch minimum caliper. Thirty feet on center. Tree trunk shall be a minimum of three feet from curbline or edge of shoulder.
[4]
Signage:
[a]
Building-mounted in signable area: maximum 32 square feet.
[b]
Building-mounted by entrances serving second floor: maximum four square feet, including all tenants.
[c]
Projecting: minimum eight-foot clearance; maximum six square feet.
[d]
Sandwich boards: four square feet maximum.
[e]
No signs permitted above second-story floor, including signs in windows.
[f]
Sandwich boards permitted during hours of operation: may not impede pedestrian movement.
[g]
Only externally lit signs are permitted with the use of light-emitting diodes (LEDs) encouraged.
[h]
Cutoff light fixtures required.
[i]
Wood, composite, or metal materials only.
[j]
Neon signs not permitted.
(2)
SLV Fringe (SLVF) standards.
(a)
Maximum building footprint: 4,000 square feet.
(b)
Parking drives must be a minimum of 16 feet in width or as required by the Standish Fire Department. Shared drives are encouraged between adjacent lots to minimize curb cuts.
(c)
SLVF street space standards (SLVF).
Location (width distances) | ||
|---|---|---|
Travel lanes | 12 feet (two lanes) | A |
Sidewalk required | 5 feet (both sides) | F |
Paved shoulders | 5 feet (both sides) | H |
(d)
Lot width and block length.
Lot width | No minimum |
Block length | 250 feet minimum to 450 feet maximum |
(e)
Supplemental Planning Board review triggers (SLVF).
(f)
Sebago Lake Village Fringe (SLVF) allowed land uses and permit requirements (SLVF).
[1]
Refer to the Sebago Lake Village District Regulating Plan for the location of SLVD street frontage types to determine permitted uses.
[2]
Nonconforming uses and structures existing as of the date of adoption of the Sebago Lake Village District are subject to standards of Article V (Nonconforming Uses). When site plan review is triggered by a proposed change in use and/or structure, the use and/or structure shall comply with applicable SLVD street frontage type standards to the greatest extent practicable as determined by the Planning Board.
[3]
Planning Board review is required for new construction, expansion, reconstruction and subdivision, but only Code Enforcement Officer approval is required for subsequent changes in use in existing structures that meet all of the following:
[a]
Do not increase anticipated traffic volumes by more than 10%;
[b]
Do not change vehicular traffic patterns;
[c]
Do not increase parking requirements by more than 10%;
[d]
Do not change the exterior visual appearance of buildings and continue to meet the applicable street frontage type standards; and
[e]
That are allowed uses in the applicable SLVD street frontage type.
[4]
Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer only:
[a]
Accessory dwelling unit.
[b]
Accessory uses and buildings.
[c]
Agriculture.
[d]
Dwelling, single-family.
[e]
Dwelling, two-family.
[f]
Home occupation Level 1.
[g]
Home occupation Level 2.
[h]
Home occupation Level 3.
[i]
Home retail sales.
[j]
Outdoor display and sales.
[k]
Solar energy system, roof-mounted.
[l]
Solar energy system, small-scale.
[m]
Tradesman.
[n]
Yard or garage sale.
[5]
Permitted uses requiring site plan or subdivision review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 or Part 3 of this chapter:
[a]
Adult day care.
[b]
Art center.
[c]
Art center - indoor.
[d]
Art gallery/museum.
[e]
Bed-and-breakfast.
[f]
Business professional building.
[g]
Church.
[h]
Convenience store.
[i]
Collision repair garage.
[j]
Day-care center.
[k]
Day-care home.
[l]
Dwelling, multi-family.
[m]
Dwelling, three- or four-family.
[n]
Elderly housing.
[o]
Fueling station.
[p]
Home care services.
[q]
Inns.
[r]
Manufacturing, light.
[s]
Mechanical repair garage.
[t]
Municipal uses.
[u]
Public utility.
[v]
Residential care facility.
[w]
Restaurant (includes outdoor dining).
[x]
Restaurant with drive through (drive-through facility allowed only behind the building).
[y]
Retail businesses (drive-through facility allowed only behind the building).
[z]
School.
[aa]
Veterinary clinic.
(g)
SLVD streetscape standards (SLVF).
[3]
SLVD street trees: Salt and urban tolerant. Three-inch minimum caliper. Thirty feet on center. Tree trunk shall be a minimum of three feet from curbline or edge of shoulder.
[4]
Signage:
[a]
Building-mounted in signable area: maximum 32 square feet.
[b]
Building-mounted by entrances serving second floor: maximum four square feet, including all tenants.
[c]
Projecting: minimum eight-foot clearance; maximum six square feet.
[d]
Pole or ground-mounted: maximum 32 square feet and maximum height of eight feet.
[e]
No signs permitted above second-story floor, including signs in windows.
[f]
Only externally lit signs are permitted with the use of light-emitting diodes (LEDs) encouraged.
[g]
Cutoff light fixtures required.
[h]
Wood, composite, or metal materials only.
[i]
Neon signs not permitted.
(3)
SLV Gateway (SLVG) standards.
(a)
Maximum building footprint: 5,000 square feet.
(b)
Parking drives must be a minimum of 16 feet in width or as required by the Standish Fire Department. Shared drives are encouraged between adjacent lots to minimize curb cuts.
(c)
SLVCD street space standards (SLVG).
Location (width distances) | |
|---|---|
Travel lanes | 12 feet (two lanes) |
Paved shoulder | 5 feet (both sides) |
Sidewalk or path required along Chadbourne Road | 6 feet (both sides) |
(d)
Lot width and block length.
Lot width | No minimum |
Block length | 250 feet minimum to 450 feet maximum |
(e)
Supplemental Planning Board review triggers SLVG.
(f)
Sebago Lake Village Gateway (SLVG) allowed land uses and permit requirements (SLVG).
[1]
Refer to the Sebago Lake Village District Regulating Plan for the location of SLVD street frontage types to determine permitted uses.
[2]
Nonconforing uses and structures existing as of the date of adoption of the Sebago Lake Village District are subject to standards of Article V (Nonconforming Uses). When site plan review is triggered by a proposed change in use and/or structure, the use and/or structure shall comply with applicable SLVD street frontage type standards to the greatest extent practicable as determined by the Planning Board.
[3]
Planning Board review is required for new construction, expansion, reconstruction and subdivision, but only Code Enforcement Officer approval is required for subsequent changes in use in existing structures that meet all of the following:
[a]
Do not increase anticipated traffic volumes by more than 10%;
[b]
Do not change vehicular traffic patterns;
[c]
Do not increase parking requirements by more than 10%;
[d]
Do not change the exterior visual appearance of buildings and continue to meet the applicable SLVD street frontage type standards; and
[e]
That are allowed uses in the applicable SLVD street frontage type.
[4]
Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer only;
[a]
Accessory dwelling unit.
[b]
Accessory uses and buildings.
[c]
Agriculture.
[d]
Dwelling, single-family.
[e]
Dwelling, two-family.
[f]
Home occupation Level 1.
[g]
Home occupation Level 2.
[h]
Home occupation Level 3.
[i]
Home retail sales.
[j]
Outdoor display and sales.
[k]
Solar energy system, roof-mounted.
[l]
Solar energy system, small-scale.
[m]
Tradesman.
[n]
Yard or garage sale.
[5]
Permitted uses requiring site plan or subdivision review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 or Part 3 of this chapter:
[a]
Adult day care.
[b]
Art center.
[c]
Art center - indoor.
[d]
Art gallery/museum.
[e]
Bed-and-breakfast.
[f]
Business professional building.
[g]
Church.
[h]
Day-care center.
[i]
Day-care home.
[j]
Dwelling, multi-family.
[k]
Dwelling, three- or four-family.
[l]
Elderly housing.
[m]
Flea market.
[n]
Greenhouses.
[o]
Home care services.
[p]
Inns.
[q]
Manufacturing, light.
[r]
Municipal uses.
[s]
Public utility.
[t]
Residential care facility.
[u]
Restaurant (includes outdoor dining).
[v]
Retail businesses with less than 2,000 square feet and no drive-through service.
[w]
School.
[x]
Veterinary clinic.
[y]
Village housing.
(g)
SLVD streetscape standards (SLVG).
[3]
SLVD street trees: Salt and urban tolerant. Three-inch minimum caliper. Thirty feet on center. Tree trunk shall be a minimum of three feet from curbline or edge of shoulder.
[4]
Signage:
[a]
Building-mounted in signable area: maximum 32 square feet.
[b]
Building-mounted by entrances serving second floor: maximum four square feet, including all tenants.
[c]
Projecting: minimum eight-foot clearance; maximum six square feet.
[d]
Pole or ground-mounted: maximum 32 square feet and maximum height of eight feet.
[e]
No signs permitted above second-story floor, including signs in windows.
[f]
Only externally lit signs are permitted with the use of light-emitting diodes (LEDs) encouraged.
[g]
Cutoff light fixtures required.
[h]
Wood, composite, or metal materials only.
[i]
Neon signs not permitted.
(4)
SLV Residential Connector (SLVRC) standards.
(a)
No maximum building footprint.
(b)
Parking drives must be a maximum of 12 feet in width or as required by the Standish Fire Department.
(c)
SLVRC street space standards (SLVRC).
Location (width distances) | ||
|---|---|---|
Roadway | 16 feet | B |
Paved bike lanes | 5 feet (both sides) | M |
Grass shoulder | 5 feet (both sides) | I |
Rain garden | Varies (one side) | K |
(d)
Lot width and block length.
Lot width | 120 feet minimum |
Block length | 400 feet minimum to 1,200 feet maximum |
(e)
SLVD Residential Connector allowed land uses and permit requirements (SLVRC).
[1]
Refer to the Sebago Lake Village District Regulating Plan for the location of SLVD street frontage types to determine permitted uses.
[2]
Uses not listed are not permitted. Nonconforming uses existing as of the date of adoption of the Sebago Lake Village District are subject to standards of Article V (Nonconforming Uses). When site plan review is triggered by a proposed change in use and/or structure, the use and/or structure shall comply with applicable SLVD street frontage type standards to the greatest extent practicable as determined by the Planning Board.
[3]
Planning Board review is required for new construction, expansion, reconstruction and subdivision, but only Code Enforcement Officer approval is required for subsequent uses in existing structures that meet all of the following:
[a]
Do not increase anticipated traffic volumes by more than 10%;
[b]
Do not change vehicular traffic patterns;
[c]
Do not increase parking requirements by more than 10%;
[d]
Do not change the exterior visual appearance and continues to meet the applicable SLVD street frontage type standards; and
[e]
That are allowed uses in the applicable SLVD street frontage type.
[4]
Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer only:
[a]
Accessory dwelling units.
[b]
Accessory uses and buildings.
[c]
Agriculture.
[d]
Dwelling, single-family.
[e]
Dwelling, two-family.
[f]
Home occupation Level 1.
[g]
Home occupation Level 2.
[h]
Home occupation Level 3.
[i]
Home retail sales.
[j]
Outdoor display and sales.
[k]
Solar energy system, roof-mounted.
[l]
Solar energy system, small-scale.
[m]
Tradesman.
[n]
Yard or garage sale.
[5]
Permitted uses requiring site plan or subdivision review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 or Part 3 of this chapter:
[a]
Bed-and-breakfast.
[b]
Business and professional offices in a mixed-use building.
[c]
Conservation subdivision/development.
[d]
Day-care home.
[e]
Dwelling, multi-family.
[f]
Dwelling, three- or four-family.
[g]
Elderly housing.
[h]
Municipal uses.
[i]
Public utility.
[j]
Residential care facility.
[k]
Village housing.
(f)
SLVD streetscape, building and buffering standards (SLVRC).
[3]
SLVD street trees: Salt and urban tolerant. Three-inch minimum caliper, 30 feet to 50 feet on center. Plant in grass shoulder. Three feet clear of curbline or edge of shoulder.
[5]
Signage (property cannot have both post-mounted and projecting signage):
[a]
Single-post-mounted: maximum six square feet: bottom of sign no lower than six feet and top no higher than eight feet.
[b]
Building-mounted by entrances serving second floor: maximum four square feet, including all tenants.
[c]
Projecting: maximum six square feet.
[d]
No signs permitted above second-story floor, including signs in windows.
[e]
No internally or externally lit signs allowed.
[f]
Wood, composite, or metal materials only.
[7]
Green building design standards: Best management practices for energy efficiency and low-impact development are encouraged. Use of LEED design standards as established by the United States Green Building Council or similar organizations is encouraged.
(5)
SLV Residential (SLVR) standards.
(a)
No maximum building footprint.
(b)
Parking drives must be a maximum of 12 feet in width or as required by the Standish Fire Department.
(c)
SLVR street space standards (SLVR).
Location (width distances) | ||
|---|---|---|
Roadway | 16 feet | B |
Grass shoulder | 5 feet (both sides) | I |
Rain garden | Varies (both sides) | K |
(d)
Lot width and block length.
Lot width | 120 feet |
Block length | 400 feet minimum to 1,200 feet maximum |
(e)
SLV Residential allowed land uses and permit requirements (SLVR).
[1]
Refer to the Sebago Lake Village District Regulating Plan for the location of SLVD street frontage types to determine permitted uses.
[2]
Nonconforming uses and structures existing as of the date of adoption of the Sebago Lake Village District are subject to standards of Article V (Nonconforming Uses). When site plan review is triggered by a proposed change in use and/or structure, the use and/or structure shall comply with applicable SLVD street frontage type standards to the greatest extent practicable as determined by the Planning Board.
[3]
Planning Board review is required for new construction, expansion, reconstruction and subdivision, but only Code Enforcement Officer approval is required for subsequent uses in existing structures that meet all of the following:
[a]
Do not increase anticipated traffic volumes by more than 10%;
[b]
Do not change vehicular traffic patterns;
[c]
Do not increase parking requirements by more than 10%;
[d]
Do not change the exterior visual appearance and continue to meet the applicable SLVD street frontage type standards; and
[e]
That are allowed uses in the applicable SLVD street frontage type.
[4]
Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer only:
[a]
Accessory dwelling unit.
[b]
Accessory uses and buildings.
[c]
Agriculture.
[d]
Dwelling, single-family.
[e]
Dwelling, two-family.
[f]
Home occupation Level 1.
[g]
Home occupation Level 2.
[h]
Home occupation Level 3.
[i]
Home retail sales.
[j]
Outdoor display and sales.
[k]
Solar energy system, roof-mounted.
[l]
Solar energy system, small-scale.
[m]
Tradesman.
[n]
Yard or garage sale.
(f)
SLVD streetscape, building and buffering standards (SLVR).
[3]
SLVD street trees: Salt and urban tolerant. Three-inch minimum caliper, 30 feet to 50 feet on center. Plant in grass shoulder. Three feet clear of curbline or edge of shoulder.
[5]
Signage (property cannot have both post-mounted and projecting signage):
[a]
Single-post-mounted: maximum six square feet; bottom of sign no lower than six feet and top no higher than eight feet.
[b]
Building-mounted by entrances serving second floor; maximum four square feet, including all tenants.
[c]
Projecting: maximum six square feet.
[d]
No signs permitted above second-story floor, including signs in windows.
[e]
No internally or externally lit signs allowed.
[f]
Wood, composite, or metal materials only.
[7]
Green building design standards: Best management practices for energy efficiency and low-impact development are encouraged. Use of LEED design standards as established by the United States Green Building Council or similar organizations is encouraged.
(6)
SLV Lake Access (SLVLA) standards.
(a)
No maximum building footprint.
(b)
SLVLA street space (SLVLA).
Location (width distances) | ||
|---|---|---|
Roadway | 25 feet | B |
Trailer parking | 20-30 feet (at least one side) | L |
(c)
Lot width and block length.
Lot with | No minimum |
Block length | No minimum or maximum |
(d)
SLV Lake Access allowed land uses and permit requirements (SLVLA).
[1]
Refer to the Sebago Lake Village District Regulating Plan for the location of SLVD street frontage types to determine permitted uses.
[2]
Uses not listed are not permitted. Nonconforming uses existing as of the date of adoption of the Sebago Lake Village District are subject to standards of Article V (Nonconforming Uses). When site plan review is triggered by a proposed change in use and/or structure, the use and/or structure shall comply with applicable SLVD street frontage type standards to the greatest extent practicable as determined by the Planning Board.
[3]
Planning Board review is required for new construction, expansion, reconstruction and subdivision, but only Code Enforcement Officer approval is required for subsequent uses in existing structures that meet all of the following:
[a]
Do not increase anticipated traffic volumes by more than 10%;
[b]
Do not change vehicular traffic patterns;
[c]
Do not increase parking requirements by more than 10%;
[d]
Do not change the exterior visual appearance and continue to meet the applicable SLVD street frontage type standards; and
[e]
That are allowed uses in the applicable SLVD street frontage type.
(e)
SLVD streetscape, building and buffering standards (SLVLA).
[3]
SLVD street trees: Salt and urban tolerant. Three-inch minimum caliper, 30 feet to 50 feet on center. Plant in esplanade. Three feet clear of curbline or edge of shoulder.
[4]
Buffering:
[a]
On-site parking for nonresidential uses shall be buffered with plantings and fencing to minimize visual impacts and glare from headlights.
[b]
Waste storage shall not be visible from the SLVD street and must be buffered from abutters.
[c]
Individual boulders or large rocks may only be used as part of an overall landscaping treatment for the buffer.
[7]
Green building design standards: Best management practices for energy efficiency and low-impact development are encouraged. Use of LEED design standards as established by the United States Green Building Council or similar organizations is encouraged.
(7)
SLV Business (SLVB) standards.
(a)
Maximum building footprint: 25,000 square feet.
(b)
Parking drives must be a minimum of 16 feet in width or as required by the Standish Fire Department. Shared drives are encouraged between adjacent lots to minimize curb cuts.
(c)
SLVCD street space standards (SLVB).
Location (width distances) | |
|---|---|
Travel lanes | 11 feet (two lanes) |
Paved shoulder | 5 feet (both sides) |
Sidewalk | 5 feet (one side) |
(d)
Lot width and block length.
Lot width | No minimum |
Block length | 500 feet minimum to 2,000 feet maximum |
(f)
Sebago Lake Village Business (SLVB) allowed land uses and permit requirements (SLVB).
[1]
Refer to the Sebago Lake Village District Regulating Plan for the location of SLVD street frontage types to determine permitted uses.
[2]
Nonconforming uses and structures existing as of the date of adoption of the Sebago Lake Village District are subject to standards of Article V (Nonconforming Uses). When site plan review is triggered by a proposed change in use and/or structure, the use and/or structure shall comply with applicable SLVD street frontage type standards to the greatest extent practicable as determined by the Planning Board.
[3]
Planning Board review is required for new construction, expansion, reconstruction and subdivision, but only Code Enforcement Officer approval is required for subsequent changes in use of existing structures that meet all of the following:
[a]
Do not increase anticipated traffic volumes by more than 10%;
[b]
Do not change vehicular traffic patterns;
[c]
Do not increase parking requirements by more than 10%;
[d]
Do not change the exterior visual appearance of buildings and continue to meet the applicable SLVD street frontage type standards; and
[e]
That are allowed uses in the applicable SLVD street frontage type.
[4]
Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer only;
[a]
Accessory dwelling unit.
[b]
Accessory uses and buildings.
[c]
Agriculture.
[d]
Dwelling, single-family.
[e]
Dwelling, two-family.
[f]
Home occupation Level 1.
[g]
Home occupation Level 2.
[h]
Home occupation Level 3.
[i]
Home retail sales.
[j]
Outdoor display and sales.
[k]
Solar energy system, roof-mounted.
[l]
Solar energy system, small-scale.
[m]
Tradesman.
[n]
Yard or garage sale.
[5]
Permitted uses requiring site plan or subdivision review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 or Part 3 of this chapter:
[a]
Adult day care.
[b]
Art center.
[c]
Art center - indoor.
[d]
Art gallery/museum.
[e]
Bed-and-breakfast.
[f]
Boatyard.
[g]
Business professional building.
[h]
Commercial recreation.
[i]
Convenience store.
[j]
Church.
[k]
Day-care center.
[l]
Day-care home.
[m]
Dwelling, multi-family.
[n]
Dwelling, three- or four-family.
[o]
Elderly housing.
[p]
Flea market.
[q]
Greenhouses.
[r]
Health care facility.
[s]
Home care services.
[t]
Hotel.
[u]
Indoor amusements and recreation.
[v]
Inn.
[w]
Manufacturing, light.
[x]
Municipal uses.
[y]
Outdoor recreation limited.
[z]
Private clubs.
[aa]
Public utility.
[bb]
Research facilities.
[cc]
Residential care facility.
[dd]
Restaurant (includes outdoor dining).
[ee]
Retail businesses.
[ff]
School.
[gg]
Social event centers.
[hh]
Veterinary clinic.
[ii]
Village housing.
[jj]
Warehouse.
(g)
SLVD streetscape standards (SLVB).
[3]
SLVD street trees: Salt and urban tolerant. Three-inch minimum caliper. Thirty feet on center. Tree trunk shall be a minimum of three feet from curbline or edge of shoulder.
[4]
Signage:
[a]
Building-mounted in signable area: maximum 32 square feet.
[b]
Building-mounted by entrances serving second floor: maximum four square feet, including all tenants.
[c]
Projecting: minimum eight-foot clearance; maximum six square feet.
[d]
Pole or ground-mounted: maximum 32 square feet and maximum height of eight feet.
[e]
No signs permitted in windows above second story floor.
[f]
Only externally lit signs are permitted with the use of light-emitting diodes (LEDs) encouraged.
[g]
Cutoff light fixtures required.
[h]
Wood, composite, or metal materials only.
[i]
Neon signs not permitted.
[5]
Buffering of non-residential uses. Where a property in non-residential use shares a property line with a property in residential use, the shared lot line shall have landscaping or fencing sufficient to screen the residential use.
§ 181-8 BC-Business and Commercial Districts.
These areas should be reserved for business and commercial activities to provide accessibility in controlled areas and to separate them from residential areas. Approval will be required under Part 2, Site Plan Review, of this chapter.
A.
Land uses in this district shall require written approval from the authority, as indicated, prior to issuance of a permit by the Code Enforcement Officer.
B.
Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer only.
[Amended 7-8-2008 by Order No. 164-07]
(1)
Accessory dwelling unit.
[Amended 6-6-2023 by Order No. 26-23; amended 10-8-2024 by Order No. 91-24]
(2)
Accessory uses and buildings with height of structure limited to 16 feet, unless a variance is granted by Board of Appeals.
(6)
Home occupation, Level 1.
(7)
Single-family dwellings with two-acre-per-dwelling-unit minimum lot size.
[Amended 6-6-2023 by Order No. 26-23]
(8)
Solar energy system, roof-mounted.
[Added 2-11-2020 by Order No. 116-19]
(9)
Solar energy system, small-scale.
[Added 2-11-2020 by Order No. 116-19]
C.
Permitted uses requiring site plan review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 of this chapter.
(4)
Business and professional offices under 10,000 square feet.
[Amended 10-8-2024 by Order No. 91-24]
(9)
Day-care home.
(17)
Home occupation, Level 2.
[Amended 10-8-2024 by Order No. 91-24]
(18)
Home occupation, Level 3.
[Amended 10-8-2024 by Order No. 91-24]
(19)
Home retail sales.
[Amended 10-8-2024 by Order No. 91-24]
(22)
Manufacturing, Light with not more than 10,000 square feet of gross floor area. Exterior storage or assembly of materials or products is prohibited.[21]
(27)
Private clubs.
[Amended 10-8-2024 by Order No. 91-24]
(28)
Public utilities.
(35)
Road and rail distribution.
[Amended 10-8-2024 by Order No. 91-24]
(38)
Solar energy system, large-scale.
[Added 2-11-2020 by Order No. 116-19]
(39)
Timber harvesting.
(40)
Tradesman.
[Amended 10-8-2024 by Order No. 91-24]
D.
Uses listed below shall first require approval from the Board of Appeals as a special exception, in accordance with standards set forth in this Part 1. Such uses shall also require site plan review and approval from the Planning Board.
E.
(Reserved)
M.
The maximum impervious surface area for all lots in the BC Zone (including grandfathered lots) measured as a percentage of total lot size shall not exceed 50% unless specifically approved by the Planning Board, in which case it shall not exceed 65% in any circumstances.
N.
Lots in a cluster subdivision must maintain the setbacks approved with the subdivision unless a variance is obtained.
O.
In the Business and Commercial Zone, the Planning Board has the authority to require pedestrian ways in conformance with this Part 1 as a present or future practical extension of pedestrian ways in the Village Center Zone and/or the Form Based Code Village Districts.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
P.
The front yard setback set forth in this section may be reduced, only on roads which are not state numbered highways, to the average setback of the two principal structures fronting on the same road in closest proximity to the site of the proposed structure, but any structure must be at least 20 feet from the property line abutting the right-of-way.
[Added 12-8-1998 by Order No. 164-98]
Q.
Construction on nonconforming lots in existence prior to May 1976 are allowed minimum setbacks of 20 feet off front property line and 10 feet off side and rear property line.
[Added 1-12-1999 by Ord. No. 164-98; amended 4-13-1999 by Order No. 14-99]
§ 181-9 WOC-Water-Oriented Commercial Districts.
These areas are to provide for retail sales and services and to serve water recreation users or uses otherwise compatible with marina and other water-oriented commercial activities. Approval will be required under Part 2, Site Plan Review, of this chapter.
A.
B.
Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer only.
C.
Permitted uses requiring site plan review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 of this chapter.
(1)
Adult day-care.
[Amended 11-9-2021 by Order No. 74-21; 10-8-2024 by Order No. 91-24]
(2)
Business and professional offices.
[Amended 10-8-2024 by Order No. 91-24]
(3)
Commercial recreation.
[Amended 10-8-2024 by Order No. 91-24]
(4)
Day-care homes.
[Amended 10-8-2024 by Order No. 91-24]
(6)
Enclosed storage.
(7)
Hotels and motels.
[Amended 10-8-2024 by Order No. 91-24]
(8)
Marinas and boat storage.
[Amended 10-8-2024 by Order No. 91-24]
(10)
Municipal uses.
(11)
Restaurants.
[Amended 10-8-2024 by Order No. 91-24]
(12)
Retail businesses.
[Amended 10-8-2024 by Order No. 91-24]
(13)
Solar energy system, medium-scale.
[Added 2-11-2020 by Order No. 116-19]
(14)
Solar energy system, large-scale.
[Added 2-11-2020 by Order No. 116-19]
D.
Uses listed below shall first require approval from the Board of Appeals as a special exception, in accordance with standards set forth in this Part 1. Such uses shall also require site plan review and approval from the Planning Board.
[Amended 4-8-2014 by Order No. 11-14]
J.
Construction on nonconforming lots in existence prior to May 1976 are allowed minimum setbacks of 20 feet off front property line and 10 feet off side and rear property line.
[Added 1-12-1999 by Ord. No. 175-98; amended 4-13-1999 by Order No. 14-99]
§ 181-10 Industrial Districts.
A.
These are reserved, compatible areas for future industrial growth and require site plan review.
B.
Minimum yard dimensions shall remain the same as present in all zones for dwelling or main structure units. In the case of accessory structures on existing lots which do not meet the current yard dimension standards (nonconforming lots), the minimum setbacks shall be as follows: 20 feet, side and rear.
C.
Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer only.
(1)
Accessory uses and buildings.
(2)
Commercial wood processing.
(3)
Enclosed storage.
(5)
Manufacturing, Light and Heavy, processing, treatment and extraction.
[Amended 4-8-2014 by Order No. 11-14]
(6)
Research facilities.
[Amended 10-8-2024 by Order No. 91-24]
(7)
Road and rail distribution.
[Amended 10-8-2024 by Order No. 91-24]
(9)
Solar energy system, small-scale.
[Added 2-11-2020 by Order No. 116-19]
(11)
Warehousing and outdoor storage.
[Amended 10-8-2024 by Order No. 91-24]
(12)
Wholesale businesses less than 10,000 square feet.
[Amended 10-8-2024 by Order No. 91-24]
D.
Permitted uses requiring site plan review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 of this chapter.
(1)
Automobile graveyards.
[Amended 10-8-2024 by Order No. 91-24]
(2)
Business/professional office less than 10,000 square feet.
[Amended 10-8-2024 by Order No. 91-24]
(3)
Car wash.
[Amended 10-8-2024 by Order No. 91-24]
(4)
Collision repair garage.
[Amended 10-8-2024 by Order No. 91-24]
(5)
Commercial recreation.
(6)
Fueling station.
[Amended 10-8-2024 by Order No. 91-24]
(7)
Gravel extraction.
[Amended 10-8-2024 by Order No. 91-24]
(9)
Heavy-duty repair facility.
[Amended 11-9-2021 by Order No. 74-21; 10-8-2024 by Order No. 91-24]
(10)
Heavy-duty repair garage.
[Amended 11-9-2021 by Order No. 74-21; 10-8-2024 by Order No. 91-24]
(12)
Mechanical repair garage.
[Amended 10-8-2024 by Order No. 91-24]
(14)
[7]
Editor's Note: Former Subsection D(13), medical clinic, was repealed 11-9-2021 by Order. No. 74-21. This order also redesignated former Subsection D(14) through (24) as Subsection D(13) through (23).
[8]
Editor's Note: This order also redesignated former Subsection D(14) through (22) as Subsection D(16) through (24), respectively.
(15)
Medical marijuana registered caregiver.
[Added 6-1-2021 by Order No. 28-21]
(17)
Municipal uses.
(19)
Public utilities.
(20)
Recycling center.
[Amended 10-8-2024 by Order No. 91-24]
(21)
Restaurant without drive through.
[Added 4-8-2014 by Order No. 12-14; amended 10-8-2024 by Order No. 91-24]
(22)
Retail business less than 10,000 square feet.
[Amended 10-8-2024 by Order No. 91-24]
(23)
School.
[Added 4-8-2014 by Order No. 12-14; amended 10-8-2024 by Order No. 91-24]
(24)
Solar energy system, medium-scale.
[Added 2-11-2020 by Order No. 116-19]
(25)
Solar energy system, large-scale.
[Added 2-11-2020 by Order No. 116-19]
(26)
Tier 1 marijuana cultivation facility.
[Added 4-12-2022 by Order No. 32-22]
(27)
Tier 2 marijuana cultivation facility.
[Added 4-12-2022 by Order No. 32-22]
E.
Uses listed below shall first require approval from the Board of Appeals as a special exception, in accordance with standards set forth in this Part 1. Such uses shall also require site plan review and approval from the Planning Board.
(1)
Airports.
(2)
Business/professional office over 10,000 square feet.
[Amended 10-8-2024 by Order No. 91-24]
(5)
Day-care center.
[Amended 10-8-2024 by Order No. 91-24]
(6)
Junkyards.
(8)
[15]Retail business over 10,000 square feet.
[Amended 10-8-2024 by Order No. 91-24]
[15]
Editor's Note: Former Subsection E(7), Medical marijuana dispensary, added 5-12-2015 by Order No. 17-15, was repealed 6-1-2021 by Order No. 28-21. This order also provided for the redesignation of former Subsection E(8) and (9) as Subsection E(7) and (8), respectively.
(9)
Wholesale business over 10,000 square feet.
[Amended 10-8-2024 by Order No. 91-24]
G.
The maximum impervious surface area as a percentage of total lot size shall not exceed 50% of the lot unless specifically approved by the Planning Board, in which case it shall not exceed 65%.
I.
Construction on nonconforming lots in existence prior to May 1976 are allowed minimum setbacks of 20 feet off front property line and 10 feet off side and rear property line.
[Added 1-12-1999 by Ord. No. 175-98; amended 4-13-1999 by Order No. 14-99]
§ 181-11 Contract zoning.
[Added 3-10-2009 by Order No. 163-07]
§ 181-11.1 Contract zoning authorized.
Pursuant to 30-A M.R.S.A. § 4352(8), conditional or contract zoning is hereby authorized for development where, for reasons such as the unusual nature or unique location of the development proposed, the Town Council, exercising its sole and exclusive judgment as the legislative body of the Town of Standish, finds it necessary or appropriate to impose, by agreement with the property owner or otherwise, certain conditions or restrictions not generally applicable to other properties similarly zoned. All rezoning under this section shall establish rezoned areas that are compatible with the existing and permitted uses within the original zones. Nothing in this section shall authorize a rezoning, or an agreement to change or retain a zone, that is inconsistent with the Town's Comprehensive Plan.
§ 181-11.2 Relationship to Shoreland Zoning.
A parcel rezoned under this section may include land areas subject to the Town's Shoreland Zoning Ordinance, but any provision of a contract zoning amendment adopted by the Town Council that removes or modifies any restrictions or limitations imposed by the Shoreland Zoning Ordinance shall not take effect until approved by the Commissioner of Environmental Protection as required by 38 M.R.S.A. § 438-A(3), as may be amended from time to time.
§ 181-11.3 Conceptual sketch plan.
A person wishing to propose contract zoning under this section may, prior to filing an application, submit a conceptual sketch plan to the Planning Board, together with a sketch plan review fee in such amount as the Town Council may from time to time establish by Town Council order.
A.
The conceptual sketch plan submission shall include, at a minimum, the following information:
(1)
A map showing existing and proposed zoning district lines.
(2)
The address or exact location of the request, including the Standish Assessor's map references for the property to be rezoned.
(3)
The name, address and telephone number of the property owner and of the applicant, if the applicant is not the owner.
(4)
Evidence of the applicant's right, title or interest in the property.
(5)
A site analysis that describes the major features of the property, allowing the Planning Board to make an informed judgment about how it will be used.
(6)
A conceptual development plan showing the approximate layout of all buildings, structures, streets, driveways, parking areas and other significant improvements to be constructed on or above the surface of the ground plus any proposed open spaces, conservation areas, buffer areas or other features of the development, but is not required to show subsurface infrastructure installations, building plans, engineering plans or other details which would be required for a subdivision plan or site plan.
(7)
A statement describing the existing use of the property and the proposed new use and development and describing how the proposed contract zone will be consistent with the Town of Standish Comprehensive Plan, will be consistent with existing and permitted uses within the existing zoning district classification of the property, and will have beneficial effects on the Town as a whole which would not result if the property were developed under the existing zoning district classification.
B.
Such sketch plan review by the Planning Board will not be binding on the applicant or the Town, but is intended to permit informal evaluation of the proposed rezoning before formal application to the Planning Board. The sketch plan review fee is nonrefundable.
§ 181-11.4 Application procedures.
A.
Application. Any proposal to amend the official Zoning Map of the Town through the establishment of a contract zone shall be filed with the Planning Board. A contract zone application shall be in writing in such form as prescribed by the Town and shall include, at a minimum, the following information:
(1)
All of the information required to be submitted for the conceptual sketch plan review.
(2)
A proposed contract zoning agreement which complies with the requirements of this section.
(3)
Any other information requested by the Planning Administrator and/or the Town Engineer.
(4)
A nonrefundable application fee in such amount as the Town Council may from time to time establish by Town Council order.
B.
Fees.
(1)
To help recover costs incurred by the Town in the review, administration, site inspection, and public notice associated with the contract zone proposal, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Town Council order shall be paid by the applicant to the Town of Standish at the time of filing the contract zone application:
(2)
Such independent consulting and peer review fees shall be subject to the following limitations:
(a)
Independent consulting fees shall be limited to reasonable and necessary review that exceeds the expertise of Town staff or their ability to review the application materials within the time limits otherwise required by law;
(b)
Such fees shall be assessed only to recover costs directly associated with review of the application submitted by the applicant to whom they are assessed;
(c)
Such fees shall be reasonable in amount, based upon the consulting or peer review time involved and the complexity of the review;
(d)
The results of the consultation or peer review for which such fees are assessed shall be available for public review, but such results shall be deemed to have been made solely for the benefit of the Town of Standish and shall remain its property; and
(e)
Such fees shall be assessed for the privilege of review and shall be payable without regard to consultation or peer review results or the outcome of the application.
C.
Escrow account. An escrow account shall be established with the Town by the applicant to guarantee payment in advance of actual fees assessed pursuant to this subsection. The original deposit shall be such amount as the Town Council may from time to time establish by Town Council order. If the balance in the escrow account shall be drawn down by 75%, the Town shall notify the applicant and require that an additional amount be deposited to cover the cost of remaining work. The Town shall continue to notify the applicant and require that an additional amount be deposited whenever the balance of the account is drawn down by 75% of the original deposit. Any excess amount deposited with the Town in advance shall be promptly refunded to the applicant after final action on the application.
D.
Fee disputes. Any dispute regarding the application of this subsection or the amount required to be paid, either in advance or upon completion, may be appealed in writing within 10 days to the Town Manager. The Town Manager, after due notice and investigation and for good cause shown, may affirm, modify, or reverse the disputed decision or reduce the amount assessed.
E.
Payment of fees required. By submitting an application for contract zoning under this section, the applicant agrees to reimburse the Town for the reasonable and necessary fees set forth herein, and the Town will not execute the contract zoning agreement until such amounts have been paid in full. In addition, no building permit or certificate of occupancy may be issued nor approved site, subdivision or other plan be released until all fees assessed hereunder have been paid in full.
F.
Administration. This subsection shall be administered by the Planning Board Administrator.
§ 181-11.5 Public hearing.
A.
The Planning Board shall conduct a public hearing prior to any property being rezoned under this section. Notice of this hearing shall be posted in the Town Clerk's office at least 13 days prior to each public hearing and shall be published in a newspaper of general circulation within the Town at least two times, the date of the first publication to be at least 12 days prior to the hearing.
B.
Notice shall also be sent to the owner or owners of the property to be rezoned and to the owners of all property abutting the property to be rezoned and to the owners of all property located within 500 feet of the property to be rezoned at their last-known addresses. Notice must also be sent to a public drinking water supplier if the area to be rezoned is within its source water protection area. This notice shall contain a copy of the proposed conditions and restrictions, with a map indicating the property to be rezoned.
§ 181-11.6 Town Council action on the contract zoning request.
A.
If the Town Council approves a request for contract zoning, the Town Council shall simultaneously approve an agreement setting forth the conditions and restrictions to apply to the property, including time limits for compliance with all conditions and restrictions. Such agreement shall include a provision granting the Town of Standish the power to enforce all conditions and restrictions, both through enforcement action pursuant to this chapter and through legal action for specific performance. The rezoning shall not be effective until the agreement is executed, delivered to the Town Council and recorded by the applicant at the Cumberland County Registry of Deeds. If the agreement is not recorded at the Registry of Deeds within 30 days after the Town Council approves the request for rezoning, then the approval shall become void and the rezoning shall not take effect, but the Town Council may extend the recording period for an additional 30 days if the request for extension is made prior to the expiration of the original thirty-day period.
B.
The conditions and restrictions set forth in the agreement shall run with the land and bind all future owners of the land and any other person who claims an interest in the property, and may be removed only by subsequent action of the Town Council expressly removing, relieving or discharging one or more of the specific conditions or restrictions. If the conditions and restrictions are not fulfilled or complied with within the specified time limits, the Town Council may, after review by the Planning Board, extend the time limits or may initiate a rezoning to the original zoning district classification or to another zoning district classification. The Town Council may require a bond, escrow agreement, irrevocable letter of credit, or other surety in such amount as is approved by the Town Manager as being reasonably necessary to ensure compliance with the conditions or restrictions required by the rezoning and, where necessary to ensure continued compliance, may require such surety to remain in effect after occupancy of rezoned property. Such surety shall be posted before the agreement is recorded at the Registry of Deeds.
§ 181-11.7 Land use reviews.
Where site plan or subdivision review is required for the use proposed in the rezoning request, such review must be completed before the Town Council takes final action to approve or deny the rezoning request. The Planning Board may conduct the site plan or subdivision review concurrently with its review of the request for rezoning, and the public hearing required by § 181-11.5 may be conducted simultaneously with a public hearing conducted as part of site plan or subdivision review. The Planning Board shall review the proposed use under the Zoning Ordinance provisions that will apply if the request for rezoning is granted, and may approve the site plan or subdivision subject to the requested rezoning, such approval not to become effective until the rezoning becomes effective.
§ 181-11.8 Contract zoning agreement.
A.
Conditions and restrictions imposed under the authority of this section shall relate only to the physical development and operation of the property and may include, by way of example:
(1)
Limitations on the number and types of uses permitted;
(2)
Restrictions on the scale and density of development;
(3)
Specifications for the design and layout of building and other improvements, including landscaping;
(4)
Schedules for commencement and completion of construction;
(5)
Performance guarantees securing completion and maintenance of improvements, including landscaping, and guarantees against defects;
(6)
Preservation of open space and buffers, and protection of natural areas and historic sites;
(7)
Contributions toward the provision of municipal services required by the development;
(8)
Provisions for enforcement and remedies for breach of any condition or restriction;
(9)
Provisions for reservation or dedication of land for public purposes;
(10)
Provisions for shared parking and driveway arrangements, including maintenance and liability;
[Added 6-7-2011]
(11)
Consolidation of curb cuts;
[Added 6-7-2011]
(12)
Provisions for meeting the applicable FBCVD street frontage type standards within the Form Based Code Village Districts;
[Added 6-7-2011; amended 8-12-2014 by Order No. 65-14]
(13)
Provisions for creating vehicular and pedestrian connections, particularly in the Form Based Code Village Districts, pursuant to the applicable FBCVD street frontage type standards;
[Added 6-7-2011; amended 8-12-2014 by Order No. 65-14]
(14)
In the Form Based Code Village Districts, the creation of an allowable FBCVD street frontage type or driveway to create connections to adjacent FBCVD streets, arterials or parking lots;
[Added 6-7-2011; amended 8-12-2014 by Order No. 65-14]
(15)
In the Form Based Code Village Districts, the reservation of a proposed right-of-way(s) as shown on a Planning Board approved Connectivity Master Plan. Such streets shall provide for the proper continuation of streets from adjacent subdivisions and built-up areas and proper projection of streets into adjacent unsubdivided and open land; and
[Added 6-7-2011; amended 8-12-2014 by Order No. 65-14]
(16)
The creation of parks, streetscapes or civic spaces, particularly in the Form Based Code Village Districts.
[Added 6-7-2011; amended 8-12-2014 by Order No. 65-14]
B.
The Town Council may impose conditions under this section that are more restrictive than the applicable requirements of this chapter.
§ 181-11.9 No rights created before the Town Council vote.
The submission of a request for contract zoning under this section, the payment of application fees, or the expenditure of funds by the applicant in presenting such a request shall not create any vested rights in the application. The availability of contract zoning under this section shall not be construed as creating any entitlement to approval of any request. The decision whether or not to rezone remains committed to the Town Council, exercising its sole and exclusive judgment as the legislative body of the Town of Standish.
§ 181-11.10 Time period for renewal of contract zoning request.
No proposal to amend the official Zoning Map under this section shall be entertained within one year from the date of denial of the same request.
§ 181-11.20 Orchard Road Solar Contract Zone District.
[Added 4-12-2022 by Order No. 100-21]
The property located in this overlay zoning district is subject to the Contract Zone Agreement that is attached to this chapter as Appendix D and incorporated herein by reference.[1]
[1]
Editor's Note: Appendix D is included as an attachment at the end of this chapter.
§ 181-12 Zoning Map.
[Amended 10-10-2006 by Order No. 123-06; 6-7-2011; 8-12-2014 by Order No. 65-14; 1-8-2019 by Order No. 152-18]
The Official Zoning Map of the Town of Standish dated November 5, 2018, as may be amended from time to time, certified by the attested or conformed signature of the Town Clerk, is hereby incorporated into and made a part of this Zoning Ordinance and shall be the final authority as to the current zoning status of the land and water areas, buildings and other structures in the Town.[1]
[1]
Editor's Note: The Zoning Map of the Town is on file in the Town offices and can be examined there during regular office hours.
§ 181-13 District boundaries.
District boundaries shown within the lines of roads, streams and transportation rights-of-way shall be deemed to follow the center lines. The abandonment and nonuse of roads shall not affect the location of such district boundaries. When the Code Enforcement Officer cannot definitely determine the location of such district boundary, he shall refuse action, and the Board of Appeals, upon appeal, shall interpret the location of the district boundary with reference to the scale of the Zoning Map and the purposes set forth in all relevant provisions of this Part 1. If a district boundary divides a lot, the provisions of the least restrictive district may apply for a distance of up to 50 feet into the more restrictive district.
§ 181-14 Lots.
A.
General provisions.
[Amended 5-12-2015 by Order No. 18-15; amended 6-6-2023 by Order No. 26-23]
(1)
Lots which abut on more than one right-of-way shall provide the required front setback along every right-of-way.
B.
Nonconforming lots.
(1)
A single lot of record, which was in separate ownership on May 26, 1976, and does not share a common property line with other such lots in the same ownership, may be built upon even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width shall conform to the regulations for the district in which the lot is located; provided further that one, but only one, single-family dwelling may be built upon a single lot of record which otherwise qualifies on the effective date of adoption of this amendment as a single lot of record hereunder even though it lacks adequate road frontage as long as there is either a public or private vehicular access to the lot. Variance of area, width and yard requirements shall be obtained only through action of the Board of Appeals.
(2)
Contiguous lots, vacant or partially built. If two or more contiguous lots (that is, lots which share a common property line) or parcels are in single or joint ownership of record as of May 26, 1976, and if any of these lots do not individually meet the dimensional requirements of this Part 1 or subsequent amendments and if one or more of the lots are vacant or contain(s) only an accessory structure, the lots shall be combined to the extent necessary to meet all dimensional requirements. This subsection is intended to apply to all lots, whether shown on a recorded plan or not. It is specifically intended that this provision can require the merger of improved lots with unimproved lots and is not limited to merging unimproved lots only. Lots which were separately improved prior to enactment of the Standish Zoning Ordinance shall not be merged.
(3)
Access to lots with nonconforming frontages located outside of Form Based Code Village Districts. Lots which are served by an arterial and which are nonconforming with respect to required frontage as of the effective date of Article IV, Roadway Plan,[1] are prohibited from developing more than a total of one access point. Nonconforming frontage lots which, as of the effective date of Article IV, are improved with structures are prohibited from expanding or converting such structures, where such activity will result in the need for new access points or an increase in the anticipated peak hour traffic volume of more than 50% over existing volumes. Where adjoining nonconforming frontage lots are owned in common, those lots shall be considered combined for the purposes of meeting the frontage and access requirements of Article IV.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
C.
Back lots. Back lots shall be permitted, subject to the following:
[Amended 6-2-1998 by Order No. 49-98; 3-9-2005 by Order No. 169-04; 6-6-2023 by Order No. 26-23]
(1)
Access.
(a)
A fifty-foot-wide access shall be provided for back lots.
(b)
Said access shall be owned either in fee or permanent easement and maintained by the back lot users.
(c)
Record of said accessway shall be recorded as part of the deed of each lot user on file with the county register of deeds.
(f)
New back lots legally created in the Standish Corner District after June 7, 2011, are exempt from the Standish Corner District standards; provided, however, that the back lot must contain a minimum of 60,000 square feet of area and have a minimum of 175 feet of SCD street frontage. The back lot may not be further subdivided, and this restriction shall be recorded in the Cumberland County Registry of Deeds prior to issuance of a building permit.
[Added 6-7-2011; amended 8-12-2014 by Order No. 65-14]
(2)
Frontage. Frontage equal to the street frontage required for the zoning district shall be required along the accessway.
(3)
Lot size.
(a)
Any back lot shall be equal to or greater than the minimum lot size dimensions required for the zoning district. Computation of minimum lot size area shall not include any portion of the area devoted to an accessway.
(b)
The side lot nearest and generally parallel to the road to which the back lot access way leads shall be equal to the street frontage required for the zoning district.
(4)
Back lot access standards.
[Amended 11-12-2024 by Order No. 110-24]
D.
Notwithstanding any provisions to the contrary in this Land Use Code or in the Shoreland Zoning Ordinance[3] of the Town of Standish, a single lot of record which lacks adequate road frontage and does not have public or private motor vehicle access may be built upon and used for any use allowed in the zoning district if such lot is located on an island, has water frontage which equals or exceeds the road frontage requirement in the zoning district and is accessible by watercraft.
[3]
Editor's Note: See Ch. 236, Shoreland Zoning
§ 181-15 Applicability.
The following provisions shall apply to all districts unless otherwise specified.
§ 181-16 Gravel pits.
[Amended 11-8-2005 by Order No. 136-05]
A.
Purpose.
(1)
The purpose of this section is to regulate the removal, processing and storage of topsoil and/or loam, rock, sand, gravel and other similar natural assets within the boundaries of Standish and to ensure the scientifically sound, adequate and appropriate management and utilization of these natural resources. These regulations are specifically intended to protect the quality of the groundwater and other water bodies, to prevent the lowering of the water table, to control erosion and to provide for the safety of the public through access control.
(2)
It is also the intent of these regulations to require the rehabilitation of expansions and new excavation operations so that the excavations are reclaimed to a condition which is suitable and amenable to existing or prospective uses of surrounding lands.
(3)
Regulations for excavation permits and rehabilitation distinguish between three types of operations:
(a)
Type 1: existing excavated areas or areas approved for excavation where the excavated area does not exceed three acres. (See Subsection C of this section.)
B.
Exemptions.
(1)
The following activities are exempt from the provisions of this section of the chapter:
(a)
Excavation whose sole purpose is to determine the nature or extent of mineral resources if it is accomplished by hand sampling, test boring or other methods which create minimal disturbance. Test holes shall be filled in immediately after use.
(b)
The removal of less than 1,000 cubic yards of material (except topsoil) in any one year, provided that all of the following standards are met:
[1]
Such removal does not disturb an area greater than one acre meaning total excavated area on the entire parcel.
[2]
Such removal does not cause unreasonable erosion as determined by a Town-appointed Code Enforcement Officer (CEO).
[3]
The primary use of the excavated material is for the personal use of the owner.
[4]
No advertising or commercial sales of the excavated materials shall be permitted.
(c)
Excavation or grading which is undertaken as part of and subordinate to an approved construction project, such as a subdivision, permitted structure or road.
(2)
In the event that any of the standards or conditions contained in this Subsection B is not met, the owner/applicant shall apply for all appropriate Town/state permits.
(3)
The removal of more than 500 cubic yards of topsoil or loam in a calendar year from a site is not an exempt activity unless it is undertaken as part of an approved construction project, is part of normal farm operations or the topsoil or loam is being moved to a contiguous site having the same ownership.
C.
Type 1 operations: standards for existing excavated areas or areas approved for excavation where the excavated area does not exceed three acres.
(1)
Permit application requirements. All owners/operators of existing excavated areas or areas approved for excavation where the excavated area does not exceed three acres as of the date of adoption of this section must apply to the Town Manager, CEO or Town Planner by July 1, 1995, for an existing excavation permit in order to continue the existing operation and not be regulated by the standards applying to new pit operations. The applicant shall submit substantial evidence that this is an existing pit operation as defined in this section. The following information must be submitted to the Town Manager/CEO/Planner, who shall verify that the application is complete:
(a)
The name and address of the current owner of the existing parcel.
(b)
The name and address of the current operator.
(c)
A copy of the deed and lease agreement if the operator is not the owner. (All monetary information may be omitted before submission.)
(d)
A site plan showing the location and boundaries of the existing parcel. This requirement may be fulfilled by referencing existing documents from a previous approval process from the Town of Standish. The site plan shall include the following information:
[1]
Existing excavated area.
[2]
Parking areas.
[3]
Road access.
[4]
Exposed groundwater.
[5]
Temporary and permanent buildings and structures and location of storage areas.
[6]
Other activities related to the operation, such as screen plants, crushers, hours of operation, etc.
[7]
Location and proximity of all great ponds, rivers, streams and wetlands within 250 feet of the proposed activity.
(e)
Any previous documents related to the rehabilitation and/or other stipulations in the original approval process.
(f)
All operations under this permit shall be in conformance with the requirements of Chapter 237, Shoreland Zoning, of the Code of the Town of Standish.
(g)
The applicant shall pay to the Town the annual Type 1 gravel pit inspection fee as specified in the Standish Fee Schedule, as established by order of the Town Council and as amended by the Town Council from time to time.
(2)
Once the applicant has submitted the information listed above in Subsection C(1) to the satisfaction of the Town official (Town Manager, CEO or Planner), a written permit will be issued to the applicant, the operator and the owner.
(3)
If the permit has not been renewed within 90 days of the renewal date, the operation shall be considered abandoned and deemed closed.
D.
Type 2 operations: standards for expansions up to five acres and existing excavated areas or areas approved for excavation where the excavated area is greater than three acres but less than five acres.
(1)
Applicability. Any excavation operation meeting any of the conditions listed below must comply with the standards in this Subsection D:
(a)
Existing excavation operations as of the date of this section that apply for an existing excavation permit by July 1, 1995, and receive the permit, which propose to expand up to five acres. The five acres is the cumulative total of all expansions, regardless of whether they take place in one or more application processes.
(b)
Existing excavating operations as of the date of this section where the excavated area is greater than three acres but less than five acres. The owners/operators of this type of excavation operation must apply to the Planning Board by July 1, 1995, for an existing excavation permit in order to continue the existing operation and not be regulated by the standards applying to new pit operations. The applicant shall submit substantial evidence that this is an existing pit operation as defined in this section.
(2)
Permit application requirements. The applicant shall submit the following information to the CEO/Planner, who shall verify that the application is complete:
(a)
The name and address of the current owner of the existing parcel.
(b)
The name and address of the current operator.
(c)
A copy of the deed and lease agreement, less financial data if the operator is not the owner.
(d)
Site plan, drawn to scale, showing the location and boundaries of the existing parcel. The site plan shall include the following information:
[1]
Existing excavated area.
[2]
All areas intended for expansion of excavation and an estimated time schedule for excavation.
[3]
Parking areas.
[4]
Road access.
[5]
Exposed groundwater.
[6]
Location and proximity of all great ponds, rivers, streams and wetlands within 250 feet of the proposed activity.
[7]
Temporary and permanent buildings and structures and location of storage areas.
[8]
Other activities related to the operation, such as screen plants, crushers, hours of operation, etc.
(e)
A plan showing how access to the site will be controlled. At a minimum, a solid gate with a lock shall be located at the main entrance.
(f)
Plans showing the location of hazardous materials. No hazardous materials shall be located so that they will enter the groundwater table. Storage of hazardous materials shall be located on impervious surfaces.
(g)
Rehabilitation plan for the proposed expansion. All former rehabilitation stipulations from a prior approval will continue. The purpose of rehabilitation is to control erosion and stabilize slopes of the boundaries of the expanded areas. The plan shall include seeding and/or planting and shall include final grading, cost estimates and an estimated time schedule for rehabilitation.
(h)
Required state and/or federal permits, including Department of Environmental Protection permit, if applicable.
(i)
Hours of operation, which shall be limited to no more than 7:00 a.m. to 7:00 p.m., Monday to Friday; 7:00 a.m. to 4:00 p.m., Saturdays. No Sunday operations.
(j)
A performance guarantee covering the cost of the rehabilitation plan and/or compliance with applicable environmental or land use laws. The performance guarantee shall consist of one or more of the following:
[1]
Letter of credit. An irrevocable letter of credit, in which the Town is named as beneficiary, issued by a state or federally chartered financial institution reasonably acceptable to the Town. Any letter of credit (including any replacement letter of credit) provided hereunder shall permit the Town to make draws thereunder for a period of not less than one year from the date of its issuance. So long as the rehabilitation plan has not been fully performed, the applicant shall provide the Town with a replacement letter of credit no less than 30 days prior to the expiration of the term of the letter of credit then outstanding hereunder. All letters of credit required hereunder shall, among other things, provide that the Town may make one or more full or partial draws upon the letter of credit upon the Town's delivery to the issuing institution of a written statement that the applicant has not complied with the terms of the rehabilitation plan and/or applicable environmental or land use laws, or has not provided a replacement letter of credit as required hereunder, and that the remaining amount necessary to fully perform the terms of such rehabilitation, or to pay for costs incurred in bringing the site into compliance with applicable environmental or land use laws, is equal to or greater than the amount of the draw.
[2]
Cash or cash equivalent. Funds deposited with the Town (which shall be held in a non-interest-bearing account until the completion of the rehabilitation plan), funds deposited into a joint savings account between the applicant and the Town, or funds used for the purchase of a joint certificate of deposit. Withdrawals by the applicant shall only be allowed following approval by the Town Manager. Withdrawals by the Town shall be permitted without the applicant's approval, upon the applicant's failure to comply with the terms of the rehabilitation plan and/or to bring the site into compliance with applicable environmental or land use laws, and shall be permitted only to the extent that such withdrawals are necessary for the Town to pay for the same.
The performance guarantee shall be approved by the Town Manager as to financial sufficiency, taking into consideration the estimated time schedule for excavation and cost of rehabilitation, and the Town Attorney as to proper form and legal sufficiency. The performance guarantee shall be released only upon the completion, to the satisfaction of the Town, of the rehabilitation plan and the compliance of the site with applicable environmental and land use laws upon its closing or upon the provision of an acceptable alternative performance guarantee. |
(k)
At the same time that the applicant posts a performance guarantee, the applicant shall also pay to the Town the annual Type 2 gravel pit inspection fee as specified in the Standish Fee Schedule, as established by order of the Town Council and as amended by the Town Council from time to time.
(3)
Plan review.
(a)
The Planning Board shall initially, and every five years thereafter (see Subsection F), review each application for a permit according to the requirements of the above subsection of this section.
(b)
At the time of granting or reviewing a permit, the Planning Board shall determine the maximum boundary line and the working areas of the operation and associated operations which may be exposed by excavation before restoration is begun, taking into consideration the overall size of the project.
(c)
The Planning Board may impose such conditions as are necessary to safeguard the health, safety and welfare of the community, provided that such conditions directly relate to the specific approval standards contained in Subsection D(4) and (5) below. Where considered necessary by the Planning Board, the Board may require that additional information be provided by the applicant.
(d)
If the Planning Board grants an excavation permit, the applicant and the owner shall be given a full copy of the permit, including any conditions of approval, and the Town shall retain a copy of the permit.
(e)
No permits or applications of any kind shall be processed, reviewed or issued unless all charges due under this section have been paid and the owner/operator/applicant is otherwise in compliance with the Code of the Town of Standish.
(4)
Excavation regulations.
(a)
A buffer strip of 25 feet in which natural vegetation is retained shall be required at the boundaries of the existing parcel.
(b)
Excavation, except for drainageways, shall be at least 200 feet from any residence.
(c)
Earth moving or excavation shall be at least 150 feet from any public road unless provisions are made for the construction of the road at a different level.
(d)
Excavation, except for drainage, shall be 150 feet from all lot lines.
(e)
If written permission of the abutter is obtained, excavation of less than 25 feet from said lot lines may be allowed. In the case of two abutting, working gravel pits, the buffer strip may be eliminated upon the recording of a covenant deed by both property owners.
(f)
Excavation shall not extend closer to the seasonal high water table than allowed by Department of Environmental Protection (DEP) regulations unless approved for a specific purpose (such as a fire pond) by the Town and DEP. If standing water already exists in an existing excavated area, no further excavation which will increase the amount of standing water shall occur. If necessary, the Planning Board may request additional information to ensure compliance with this provision.
(g)
All operations under this permit shall be in conformance with Chapter 237, Shoreland Zoning, of the Code of the Town of Standish.
(h)
Sufficient topsoil or equivalent in the newly excavated areas shall be retained or provided to comply with the approved rehabilitation plan.
(i)
Hours of operation shall be limited to no more than 7:00 a.m. to 7:00 p.m., Monday to Friday; 7:00 a.m. to 4:00 p.m., Saturdays. No Sunday operations shall be permitted.
(5)
Rehabilitation requirements. Any operation shall be deemed closed 90 days after its permit expires or if operations cease for one year. The site shall be rehabilitated in accordance with the requirements of this subsection. The rehabilitation plan shall be completed within one year of closing. Rehabilitation of continuing operations shall be conducted in phases.
(a)
Where an embankment remains after the completion of operations, it shall be at a slope not steeper than one foot vertical to 2.5 feet horizontal unless otherwise allowed by the owner's/operator's DEP permit.
(b)
Exposed slopes shall be stabilized so that erosion will not occur. Loaming, seeding and planting, if required, shall follow the guidelines of the Cumberland County Soils Conservation Service, a registered professional forester, a certified soil scientist or professional civil engineer.
(c)
If groundwater is now exposed, any plan to fill an existing excavation below the water table shall be developed by a certified geologist.
(d)
Where standing water is present, a slope of one foot vertical to a minimum of four feet horizontal shall extend into the water for at least 16 feet to ensure that the pond will not be a public hazard.
(e)
Strippings may be distributed over the excavation area, removed from the parcel, burned, chipped or otherwise disposed of as approved in Maine DEP regulations. Tree stumps and roots from the existing parcel may be placed in the pit and shall be covered with sufficient soil and/or topsoil to adequately cover them.
E.
Type 3 operations: standards for new excavation operations, expansions over five acres and existing excavated areas or areas approved for excavation where the excavated area is five acres or larger.
(1)
Applicability. Any excavation operation meeting any of the conditions listed below must comply with the standards in this Subsection E:
(a)
All new excavation operations, meaning any excavation operation that did not apply for an existing excavation permit by July 1, 1995, and receive a permit.
(b)
Existing excavation operations as of the date of this section that apply for an existing excavation permit by July 1, 1995, and receive the permit, which propose to expand larger than five additional acres since the adoption of this section. The five acres is a cumulative total of all expansions, regardless of whether they take place in one or more application processes.
(c)
Existing excavating operations as of the date of this section where the excavated area is greater than five acres. The owners/operators of this type of excavation operation must apply to the Planning Board by July 1, 1995, for an existing excavation permit in order to continue the existing operation and not be regulated by the standards applying to new pit operations. The applicant shall submit substantial evidence that this is an existing pit operation as defined in this section.
(2)
Permit application requirements. The following information shall be submitted to the Code Enforcement Officer, who shall verify that the application is complete. Planning Board approval of the permit is required before operations may be expanded. The following information shall be submitted to the Planning Board when applying for a permit. All plans shall be drawn to a scale of one inch equals 100 feet. Map, lot and zone designation shall be on the plan.
(a)
The name and address of the current owner of the property.
(b)
The name and address of the current operator.
(c)
A copy of the deed and lease agreement, excluding financial data, if the operator is not the owner.
(d)
A site plan, drawn to scale, showing the location and boundaries of the existing parcel. The site plan shall include the following information:
[1]
Boundaries of proposed areas for excavation.
[2]
Present use of the entire parcel, including existing excavated areas.
[3]
Present uses of adjacent properties.
[4]
Type and location of all existing and proposed surface water, including drainageways.
[5]
Location of all proposed access roads, temporary and permanent structures and parking areas.
[6]
Location and proximity of all great ponds, rivers, streams and wetlands within 250 feet of the proposed activity.
(e)
The location of existing wells, streams, contours of the land within and extending beyond the boundaries of the parcel for 200 feet. Contours shall be at five-foot intervals, at intervals acceptable for a DEP permit application or at intervals determined by the Planning Board in excavation operations under five acres.
(f)
The depth to seasonal high-water table at the site of the proposed excavation as determined by test borings or test holes to substantiate that the groundwater will not be disturbed.
(g)
The location of all proposed hazardous materials storage areas. Hazardous materials shall be located on impervious surfaces.
(h)
Plans for controlling access to the site. At a minimum, a solid gate with a lock shall be located at the main entrance.
(i)
Provisions for shielding the excavation from surrounding properties with adequate screening or buffering.
(j)
A final rehabilitation plan, including seeding, planting, final grading, shaping and surface stabilization plans, showing contours (at, five-foot intervals) as proposed following completion of the operation, with such plans to be approved by the Cumberland County Soil Conservation Service, a registered professional forester or registered professional civil engineer. The plan shall provide for drainage, erosion and sedimentation control and cost estimate. The proposed use of the property at completion of the project shall be described. A time schedule and cost estimate for rehabilitation shall be included. The time schedule may include reference points rather than specific dates; for example, 30 days from a specific event. Any project which is proposed to operate for a period of time in excess of five years shall be designed to operate in phases, when deemed appropriate by the Planning Board.
(k)
Copies of required state and/or federal permit applications, including Department of Environmental Protection permit, if applicable.
(l)
A performance guarantee covering the cost of the rehabilitation plan and/or compliance with applicable environmental or land use laws. The performance guarantee shall consist of one or more of the following:
[1]
Letter of credit. An irrevocable letter of credit, in which the Town is named as beneficiary, issued by a state or federally chartered financial institution reasonably acceptable to the Town. Any letter of credit (including any replacement letter of credit) provided hereunder shall permit the Town to make draws thereunder for a period of not less than one year from the date of its issuance. So long as the rehabilitation plan has not been fully performed, the applicant shall provide the Town with a replacement letter of credit no less than 30 days prior to the expiration of the term of the letter of credit then outstanding hereunder. All letters of credit required hereunder shall, among other things, provide that the Town may make one or more full or partial draws upon the letter of credit upon the Town's delivery to the issuing institution of a written statement that the applicant has not complied with the terms of the rehabilitation plan and/or applicable environmental or land use laws, or has not provided a replacement letter of credit as required hereunder, and that the remaining amount necessary to fully perform the terms of such rehabilitation, or to pay for costs incurred in bringing the site into compliance with applicable environmental or land use laws, is equal to or greater than the amount of the draw.
[2]
Cash or cash equivalent. Funds deposited with the Town (which shall be held in a non-interest-bearing account until the completion of the rehabilitation plan), funds deposited into a joint savings account between the applicant and the Town, or funds used for the purchase of a joint certificate of deposit. Withdrawals by the applicant shall only be allowed following approval by the Town Manager. Withdrawals by the Town shall be permitted without the applicant's approval, upon the applicant's failure to comply with the terms of the rehabilitation plan and/or to bring the site into compliance with applicable environmental or land use laws, and shall be permitted only to the extent that such withdrawals are necessary for the Town to pay for the same.
The performance guarantee shall be approved by the Town Manager as to financial sufficiency, taking into consideration the estimated time schedule for excavation and cost of rehabilitation, and the Town Attorney as to proper form and legal sufficiency. The performance guarantee shall be released only upon the completion, to the satisfaction of the Town, of the rehabilitation plan and the compliance of the site with applicable environmental and land use laws upon its closing or upon the provision of an acceptable alternative performance guarantee. |
(m)
At the same time that the applicant posts a performance guarantee, the applicant shall also pay to the Town the annual Type 3 gravel pit inspection fee as specified in the Standish Fee Schedule, as established by order of the Town Council and as amended by the Town Council from time to time.
(3)
Plan review.
(a)
The Planning Board shall initially, and every five years thereafter (see Subsection F), review each application for a new excavation operations permit according to the procedures required by this section. A public hearing shall be held within 30 days of the receipt of a completed initial application.
[Amended 11-9-2021 by Order No. 74-21]
(b)
The applicant shall demonstrate that adequate provision has been made to safeguard the health, safety and welfare of the community with respect to each of the following:
[1]
Fencing, landscaped buffer strips and other public safety considerations.
[2]
Signs and lighting designed to prevent public nuisance conditions or undesirable aesthetic effects on the neighborhood.
[3]
Adequate parking spaces, loading and unloading areas.
[4]
Safe entrances and exits, including security provisions.
[5]
Total estimated life of the pit.
[6]
Daily hours of operation shall be limited to no more than 7:00 a.m. to 7:00 p.m., Monday to Friday; 7:00 a.m. to 4:00 p.m., Saturdays; and no Sunday operations.
[7]
Methods of operation, removal or processing.
[8]
Area and depth of excavation.
[9]
Provision for temporary or permanent drainage.
[10]
Disposition of stumps, brush and boulders.
[11]
Type and location of temporary and permanent structures.
[12]
Storage of any materials (e.g., petroleum products, salt, hazardous materials, rubbish, creosote timber) on the property.
[13]
Complete rehabilitation proposals.
[14]
Conformance with site plan review standards.
[15]
Where considered necessary by the Planning Board, the plan required to accompany the application shall be prepared by a registered professional engineer and/or geologist at the applicant's expense.
(4)
Excavation regulations. New excavation operations shall follow the excavation regulations listed below:
(a)
A buffer strip of 25 feet in which natural vegetation is retained shall be required at the boundaries of the existing parcel.
(b)
Excavation, except for drainageways, shall be at least 200 feet from any residence.
(c)
Earth moving or excavation shall be at least 150 feet from any public road unless provisions are made for the construction of the road at a different level.
(d)
Excavation, except for drainage, shall be at least 150 feet from all lot lines.
(e)
If written permission of the abutter is obtained, excavation no less than 25 feet from said lot lines may be allowed. In the case of two abutting, working gravel pits, the buffer strip may be eliminated. Each of these agreements require the recording of a covenant deed by both property owners.
(f)
Excavation shall not extend closer to the seasonal high-water table than allowed by DEP regulations unless approved for a specific purpose (such as fire pond) by the Town and DEP. If standing water already exists in an existing excavated area, no further excavation which will increase the amount of standing water shall occur. If necessary, the Planning Board may request additional information to ensure compliance with this provision.
(g)
Sufficient topsoil or equivalent shall be retained or provided to comply with the approved rehabilitation plan.
(h)
No topsoil shall be removed from prime agricultural soils as defined by the Cumberland County Soil Conservation Service.
(i)
Vehicles transporting excavated material must be properly secured to prevent spillage of material on public roads.
(5)
Rehabilitation requirements. Any operation shall be deemed closed 90 days after its permit expires or the operations cease for one year. The site shall be rehabilitated in accordance with this subsection. The rehabilitation plan shall be completed within one year of closing. Rehabilitation of continuing operations shall be conducted in phases. The following requirements shall be met:
(a)
Specific plans shall be established to avoid hazards from excessive slopes. Where an embankment remains after the completion of operations, it shall be graded at a slope not steeper than one foot vertical to 2.5 feet horizontal, unless otherwise allowed by the owner's/operator's DEP permit.
(b)
Seeding and/or planting and loaming or equivalent, as approved in the rehabilitation plan, shall be accomplished so that exposed areas are stabilized and erosion is minimized. Retained topsoil shall be used as loam. These areas shall be guaranteed for 18 months, during which time the surety bond shall remain in full force and effect.
(c)
The Board may require that trees be planted for a visual buffer between the project and adjacent properties if a natural buffer does not exist.
(d)
Strippings shall be redistributed over the excavated area, removed from the parcel, burned, chipped or otherwise disposed of as approved in Maine DEP regulations. Tree stumps and grubbing from the site may be used to stabilize the banks. The areas of excavation with solid or broken ledge rock shall be trimmed of loose rock and the bottom of the excavation graded to be compatible with the surroundings.
(e)
The operation shall be contoured so that sediment is not directed into streams or drainageways.
(f)
Grading and restoration shall be completed in such a manner that it will ensure appropriate drainage, prevent standing water and minimize erosion and sedimentation.
F.
Renewal of existing excavation operations and new excavation operations.
(1)
After initial permit approval by the Planning Board, annual applications for permit renewal shall be submitted to the Code Enforcement Officer, who shall cause the operation to be inspected by a Maine licensed professional engineer qualified in the monitoring of mineral extraction activities. If following said inspection, the CEO finds that the operation is or has been in violation of current conditions of approval, he or she will investigate the violation(s), and the annual permit application shall be referred to the Planning Board with findings attached for final action on the renewal application. Otherwise, the CEO shall issue a renewal permit. Neither the CEO nor the Planning Board may issue a renewal permit unless and until the following has occurred:
(a)
The applicant shall pay the Town the annual gravel pit inspection fee applicable to the operation and as specified in the Standish Fee Schedule, as established by order of the Town Council and as amended by the Town Council from time to time; and
(b)
For Type 2 and Type 3 operations, a performance guarantee in conformance with § 181-16D(2)(j) or § 181-16E(2)(l), as applicable, is in place.
Every fifth year, the permit renewal must be approved by the Planning Board. At the five-year review, the Planning Board may delete, revise or add to any conditions of approval governing those areas where the operation has been found to be in violation of the original permit. If expansion is proposed beyond the original plan, the applicant must obtain a separate permit from the Planning Board. |
(2)
The initial application fee, annual renewal fee, annual inspection fee and other fees to cover engineering review and administrative costs shall be determined by the Town Council and published in the Town Fee Schedule. Annual renewal fees, annual inspection fees and other applicable fees shall be paid on or before the date established by the Town Council in the Fee Schedule thereafter, as long as the operation continues.
(3)
All renewal permits shall take effect on July 1 of each year.
(4)
Unless renewed, all permits issued hereafter shall expire on June 30 of each year.
(5)
Change of owner or operator requires a notification to the CEO within 30 days. All prior conditions of operation shall continue to apply.
(6)
In the event of change of operator or owner, excavation operations may continue, provided that the following standards are met:
(a)
All standards and conditions issued with the excavation permit are met.
(b)
The new owner and/or operator meet with a representative from the Town, such as the CEO, to explain the terms of the excavation permit.
(c)
If the ownership of the operation changes and the performance guaranty is returned to the former owner, a new performance guaranty, in accordance with this section, shall be established with the Town within 30 days of the purchase date.
[Amended 11-9-2021 by Order No. 74-21]
G.
Waiver of provisions. The Planning Board may for good cause shown, waive any provision of this section except setbacks upon determining that such waiver will not violate the purpose of said section.
§ 181-16.1 Blasting.
[Added 8-12-2008 by Order No. 57-08]
A.
Purpose.
(1)
The purpose of this section is to minimize the effects of airblast overpressure, ground vibration, dust and noise associated with blasting which may be detrimental to individuals and the community in the enjoyment of life, property and the conduct of business through the establishment of standards and notice requirements of blasting operations.
(2)
It is also the intent of this section to prevent permanent damage to the geologic, hydrogeologic and wildlife resources and ecological balance in the region and to have a process which can be effectively and efficiently administered without causing undue financial and administrative hardship to blasting operators.
B.
Permit required. A permit shall be obtained prior to any blasting with explosive devices or materials for any purpose within the boundaries of the Town of Standish.
(1)
Application forms for a permit may be obtained in the Planning Office. Permits for blasting will be reviewed as follows:
(a)
Any removal of a total of 300 cubic yards or less of material per project will be reviewed and approved by the Code Enforcement Officer following consultation with the Town Planner; or
(b)
Permits for blasting and removal of more than 300 cubic yards of material total per project must be reviewed and approved by the Planning Board. For the purposes of this section, the "project" shall include all blasting anticipated to be undertaken during the completion of a contract or series of contracts, for demolition, excavation or construction, or during the anticipated life of a quarry operation.
(2)
All applications shall contain the following information:
(a)
The name of the applicant.
(b)
The name of the property owner.
(c)
The general contractor.
(d)
The locations of the proposed blasting activity.
(e)
The total number of cubic yards of material to be removed by blasting.
(f)
An estimate of the number of blasts required to remove the specified amount of material.
(g)
A description of the project for which the blasting is being undertaken.
(h)
Adjacent land uses.
(i)
The location of adjacent structures and distance to those structures.
(j)
The projected dates work is to be undertaken.
(3)
Upon receipt of a completed application, the Code Enforcement Officer shall review and act upon the application within 10 days or, as appropriate, forward the application to the Planning Board within 10 days.
(a)
If the application is forwarded to the Planning Board, the Planning Board shall review and act upon the application within 30 days of receipt of a completed application from the Code Enforcement Officer.
(b)
The Planning Board may approve, approve with conditions or deny the application based on the performance standards contained herein. The applicant must be notified in writing by first-class mail within 10 days of the decision.
(4)
Public hearing. The Planning Board shall conduct a public hearing on applications for blasting and removal of more than 300 cubic yards of material total per project.
(a)
All abutting property owners within 500 feet of the property line of the property for which the permit is requested shall be notified by first-class mail at least 10 days prior to the date of the hearing. A list of names and mailing addresses shall be provided as part of the application. Such notification shall be the responsibility of the applicant, and evidence of such notification shall be provided to the Planning Board. Failure of property owners to receive the notice sent under this section does not invalidate any action taken by the Planning Board.
(b)
Notification of the public hearing shall be given in a newspaper of local publication at least seven days prior to the date of the hearing. Cost of this publication will be paid by the applicant.
(5)
Fees. All applications for blasting permits shall be accompanied by a fee as set by Town Council order.
(6)
Bond and proof of insurance.
(a)
The applicant and/or the blaster may be required to post a bond in an amount to be determined by the Planning Board for those applications reviewed by the Planning Board.
(b)
The applicant and/or the blaster shall present proof of liability insurance in a minimum amount of $1,000,000 combined single limit per occurrence, except for agricultural purposes by an individual on his own property using binary explosives.
(7)
Effective period. Permits shall be effective for no more than 365 days from the date of approval. For blasting operations the scope of which exceeds one year, renewal of the permit shall be accomplished by reapplying in accordance with the procedure for a new permit, except that a public hearing may be held to review past compliance with the standards contained herein and any effects on existing uses and property owners in the vicinity of such blasting operations.
C.
Performance standards.
(1)
Hours of detonation. Hours of detonation shall be limited to daylight hours, no earlier than 8:00 a.m. or later than 6:00 p.m., Monday through Friday inclusive, except in case of any misfires, excluding the following legal holidays: New Year's, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas.
(2)
Water quality protection. Water is a precious resource and measures shall be taken to protect groundwater quality. The Planning Board may require water quality testing of private wells within 250 feet from the property line.
(3)
Under no circumstances shall the Planning Board permit any blasting for rock or mineral extraction as follows:
(a)
Within 200 feet of an abutting property boundary line except if written permission is first obtained from the abutting property owner; or
(b)
Within 300 feet of a structure not owned by the applicant. Any written permission to allow blasting closer than 200 feet must be recorded in the Registry of Deeds.
(4)
Ground vibrations, air blast overpressure and seismographic records shall meet state standards.
D.
Notices required following issuance of a permit.
(1)
Any person intending to detonate explosives shall first notify the Code Enforcement Officer or his duly authorized representative that a blast is planned. Such notification shall be received at least 24 hours prior to the planned detonation and shall give the time (within two hours), location where the blasting is to be done, the amount of explosives to be used and the name and business address of the person responsible for the blasting operation. Additional notification shall be given at least one hour prior to the planned detonation to the Standish Public Safety Department and the Cumberland County Regional Communications Center. The notification may be given orally over the telephone; however, the burden of proof as to whether the notification was in fact received rests with the person responsible for the blasting operation.
]Amended 11-12-2024 by Order No. 109-24]
(2)
The person responsible for a blast shall notify the Code Enforcement Officer in the event of any misfires and the proposed corrective action.
(3)
Prior to any blast, the person responsible for the blast shall inform all property owners who have requested in writing to be so informed of the impending blast. Such notification shall be given by telephone at least 24 hours prior to the blast stating the time of the blast. The burden of proof as to whether the notification was in fact received rests with the person responsible for the blasting operation.
§ 181-17 Signs.
[Amended 2-8-2000 by Order No. 174-99; 11-12-2003 by Order No. 114-03]
Signs are specifically prohibited except as herein provided:
A.
All signs must be constructed of durable materials and shall be maintained in good condition and repair at all times.
B.
In any district, a sign not exceeding four square feet in surface is permitted which announces the name, address, profession or home occupation of the occupant of the premises on which said sign is located.
C.
A sign not exceeding eight square feet is permitted in connection with any Home Occupation Level 3 or Tradesman, provided that other provisions of this Part 1 are met.
D.
A bulletin board not exceeding 24 square feet is permitted in connection with any church, school or similar public structure. A bulletin board for a business is permitted, provided that other provisions of this Part 1 are met. Any bulletin board for a business shall be counted towards the business' total sign area.
E.
A temporary real estate or construction sign not exceeding six square feet or 32 square feet for a business or commercial property with at least 100 feet of frontage is permitted on the property being sold, leased or developed. Such sign shall be removed promptly when it has fulfilled its function.
[Amended 10-13-2009 by Order No. 103-09]
F.
Each new sign must receive a permit before erection from the municipal officers or their duly appointed agent.
G.
Any sign which is or becomes in disrepair shall be removed upon order of the municipal officers if not repaired after 30 days' notice. Any new sign must conform to all regulations.
H.
Business signs shall be permitted in connection with any legal business or industry and shall meet the following requirements:
(1)
For individual business, professional or commercial establishments which have any frontage on a collector or arterial street in the Village Center, Business and Commercial Districts and Industrial Districts, a maximum of two identification signs shall be permitted per business. In all other locations, only one sign shall be permitted per business, except by special exception.
(2)
For multi-establishment business, professional or commercial developments, such as shopping centers or office complexes, which have any frontage on a collector or arterial street in the Industrial, Village Center or the Business and Commercial Districts, a maximum of one directory sign, not to exceed 100 square feet in size, plus one identification sign for each business within the complex shall be permitted. Each individual identification sign shall not exceed 25 square feet in size.
[Amended 10-13-2009 by Order No. 103-09; 4-8-2014 by Order No. 12-14]
(3)
The primary purpose of the above-referenced signs shall be for identification.
(4)
Signs shall not extend above the roof or parapet of the building, and no sign shall be placed on the roof of any building.
[Amended 10-13-2009 by Order No. 103-09]
(5)
Illuminated signs shall be shielded in such a way as to produce no glare, undue distraction, confusion or hazard to the surrounding area or to vehicular traffic. Illumination shall be properly focused upon or from within the sign itself.
(6)
Signs attached to a building shall be perpendicular or parallel to the building facade.
(7)
Signs which are animated, gaudy, flashing or with intermittent illumination are prohibited.
(8)
Signs shall not project over public rights-of-way or property lines.
(9)
Sign size shall be in proportion to the land use, lot and building size, but in no case shall exceed 1/2 square foot per linear foot of lot frontage. The maximum square footage of any sign, or signs when more than one is permitted, shall be 100 square feet, except as specified in Subsection H(2) above. In no case shall the total signage exceed 100 square feet.
(10)
No permit for a portable sign shall be granted for a period in excess of 30 days for any particular property, business or location in any twelve-month period, except that new businesses may be granted a period of 90 days. Portable signs shall not be placed on a lot such that sight distance along a public way is obstructed, either for vehicles exiting the premises or for vehicles traveling along the public way. Portable signs shall not exceed 32 square feet in size.
[Amended 10-13-2009 by Order No. 103-09]
(11)
Ground signs shall be at least 15 feet from any street or from any lot line of the premises. Such signs shall not exceed 15 feet in height above the mean elevation of the center of the abutting street.
[Amended 10-13-2009 by Order No. 103-09]
(12)
For subdivisions a maximum of one thirty-two-square-foot sign shall be permitted, provided such sign is removed upon the sale of the last lot in the subdivision.
[Added 10-13-2009 by Order No. 103-09]
I.
Temporary signs for the temporary sale of a resident's own household goods from his/her place of residence conducted in accordance with § 187-17, Private sales, do not require a permit, provided the signs are located at the point of sale and are removed immediately after the sale is ended.
J.
Official business directional signs shall be allowed pursuant to the Maine Traveler Information Act and the rules and regulations promulgated there under by the Maine Department of Transportation (MDOT) as amended from time to time. All official business directional signs must meet current MDOT standards regulating the installation of such signs.
[Added 8-9-2005 by Order No. 76-05]
(1)
Directional signs shall be located within 1,000 feet of the intersection where a change in direction is required.
(2)
The color of all such signs in the Town (including both reflectorized and nonreflectorized) shall be of uniform blue background with white lettering in accordance with Maine Department of Transportation regulations relating to off-premises signs as may be amended from time to time.
(3)
The size dimensions of all reflectorized and nonreflectorized signs shall be 12 inches by 48 inches only.
(4)
Businesses may be eligible for no greater than four signs within the Town.
K.
All previously approved signs that are not in conformance with this section shall be grandfathered for a period of 10 years of enactment of this section at which time they shall be removed. Any replacement sign must meet the regulations.
[Added 10-13-2009 by Order No. 103-09]
§ 181-17.1 Fences and retaining walls.
[Amended 5-13-2025 by Order No. 22-25[1]]
The purpose of this chapter section is to regulate the placement of fencing on Standish properties.
A.
Permit required. The property owner shall obtain a permit from the Code Enforcement Officer to erect a fence or retaining wall on their property.
B.
Any new fence or retaining wall shall be located at least 12 inches from the abutting property line and shall be maintained by the owner of the property on which the fence or retaining wall stands. Fences or retaining walls may be erected at any distance less than 12 inches from the property line in the event that written consent from the affected abutters(s) is provided to the Town.
C.
Existing fences and retaining walls in place as of the date of enactment of this chapter shall be considered grandfathered and may remain in place.
D.
Any person found to have committed a violation of this chapter shall be fined an amount equal to twice the permit fee set forth from time to time by resolution of the Town Council.
[1]
Editor's Note: This order also repealed former §§ 181-17.2 through 181-17.4, which immediately followed.
§ 181-18 Lighting standards.
To reduce competition with streetlighting and the conflicting visual signals produced by many direct lighting sources, all new lighting fixtures placed to illuminate any portion of a commercial, professional or business establishment, including parking lots, shall be concealed-source fixtures.
§ 181-19 Design compatibility.
The design of all new business, professional or commercial establishments in any district shall be compatible with existing buildings within and around the proposed development site.
§ 181-19.1 Drive-through design.
[Added 1-8-2013 by Order No. 29-12]
A retail drive-through or a restaurant drive-through must comply with the following standards:
A.
Location of drive-through. Drive-through features, such as windows, menu/order boards and stacking lanes, must be placed to the rear of the principal building and shall be located no closer than 40 feet to any adjacent residential properties. This distance shall be measured from the outermost edge of the outside drive-through feature to such property line. In addition, drive-through features shall not extend closer than 25 feet to the curbline or, if there is no curb, to the edge of street pavement. The site must have adequate stacking capacity for vehicles waiting to use the drive-through without impeding vehicular circulation or creating hazards to vehicular circulation on adjacent streets.
(1)
The width of the access connections at the property line shall not exceed 25 feet, unless the traffic impact study and/or the Public Works Director identifies the need for turning lanes from the access driveway onto the adjacent public road.
(2)
For a property located on a state-numbered highway with a driveway that cannot meet the minimum distance between driveways or corner lot clearance standards set forth in the Town of Standish Access Management Standards,[1] the Planning Board may allow construction of an access connection at a location suitably removed from the adjacent drive or intersection. In such cases, the applicant shall provide for future joint or cross access and such directional restrictions (i.e., right-in/right-out only and/or a restrictive median) as required by the Planning Board.
(3)
A system of joint use and cross access drives shall be established along any state-numbered highway, and the proposed development shall incorporate the following into the site plan:
(a)
A service drive or cross access drive extending the width of the parcel.
(b)
A design speed of 10 miles per hour and sufficient width to accommodate two-way travel aisles.
(c)
Stub-outs and other design features to make it visually obvious that the adjacent properties may be tied in to provide cross access via a service drive; provided, however, that the Planning Board shall not require construction of a joint use driveway/stub-out to adjacent properties when the length is over 70 feet (as measured from the edge of any proposed parking or driveway edge to the adjacent property line).
(4)
Minimum stacking requirements.
(a)
Restaurants shall provide not less than eight stacking spaces (160 feet in length) within the site, at or before the menu/order board. The facility shall provide another four stacking spaces (80 feet in length) between the menu/order board and the transaction window. If the drive-through has two transaction windows, the four stacking spaces may be split between each of the windows. An additional stacking space shall be provided after the last transaction window(s).
(b)
Retail businesses, including drug stores, pharmacies and banks, shall provide no less than four stacking spaces (80 feet in length) at or behind the pneumatic tube for the drive-through; provided, however, the number of stacking spaces that must be accommodated may be reduced by the Planning Board if recommended by a Maine-licensed professional engineer in a traffic impact study. For example, very small uses (e.g., a drive-through espresso stand) may not need to accommodate as many vehicles at one time as other types of drive-through uses.
(c)
Drive-through stacking lanes shall be delineated from other vehicular use areas by means of a landscaped divider median. Stacking lanes may include part of the drive aisles in a parking area.
(5)
Each stacking space shall be a minimum of 20 feet in length and 10 feet in width along straight portions. Stacking spaces and stacking lanes shall be a minimum of 12 feet in width along curved segments.
(6)
Stacking lanes shall be delineated from traffic aisles, other stacking lanes and parking areas with striping, curbing, landscaping and the use of alternative paving materials or raised medians.
(7)
Entrances to stacking lane(s) shall be clearly marked and a minimum of 60 feet from the closest intersection with the public street. The distance shall be measured from the beginning of the stacking lane entrance to the edge of street pavement or the street curbline, whichever is greater.
(8)
Stacking lanes shall be designed to prevent circulation congestion, both on site and on adjacent streets. The on-site circulation shall a) separate drive-through traffic from site circulation; b) not impede or impair access into or out of parking spaces; c) not impede or impair vehicular pedestrian traffic movement; and d) minimize conflicts between pedestrian and vehicular traffic with physical and visual separation between the two. Stacking lanes shall not interfere with required loading and trash storage areas, and loading or trash operations shall not impede or impair vehicular movement. If a separate stacking lane is curbed, an emergency bypass or exit shall be provided.
(9)
Stacking lanes shall not enter or exit directly into a public street. Stacking lanes shall be integrated with the on-site circulation pattern.
(10)
A leveling area shall be provided having a minus-one-percent grade for a distance of 30 feet measured from the nearest exterior line of the intersecting street, to the point of vertical curvature.
(11)
Traffic impact study. A detailed traffic impact study shall be submitted with any site plan application involving a drive-through facility. A Maine-licensed professional engineer experienced and qualified in traffic engineering shall prepare the traffic impact study. The traffic impact study shall contain the following information:
(a)
Existing traffic conditions: average daily and peak-hour volumes, average and peak speeds, sight distances, accident data for the previous three years, and levels of service (LOS) of intersections and streets affected by the proposed development.
(b)
Projected traffic conditions for design year of occupancy.
(c)
Projected impacts of the proposed development shall include: projected peak hour and daily traffic generated by the development on streets in the vicinity of the development; sight lines at the intersections of the proposed access connection and adjacent streets.
(d)
Proposed mitigation shall include a plan (with supporting text) to minimize traffic and safety impacts.
B.
Noise. Any speakers, intercom systems, or other audible means of communication shall not play prerecorded messages. Any speakers, intercom systems, audible signals, computer prompts, or other noises generated by the drive-through services or fixtures shall comply with Chapter 206, as may be amended from time to time.
C.
Lighting. Drive-through facilities shall be designed so that site and vehicular light sources shall not unreasonably spill over or be directed onto adjacent residential properties and shall otherwise conform to the lighting standards set forth in § 181-18 of the Zoning Ordinance.
D.
Screening and enclosure.
(1)
The noise, exhaust fumes and lighting impacts of automobiles on adjacent residential properties as they queue to wait for drive-through services shall be minimized to the maximum extent practical through the installation of solid fencing with landscaping along any residential property line that is exposed to the drive-through or by the enclosure of the drive-through fixtures and lanes so as to provide a buffer for adjacent residential properties.
(2)
Menu/order boards shall be a maximum of 30 square feet, with a maximum height of six feet and shall be shielded from view from any public street and adjacent residential properties.
E.
Pedestrian access. Drive-through lanes shall be designed and placed to minimize their crossing principal pedestrian accessways or otherwise impeding pedestrian access.
§ 181-19.2 Performance standards for medical marijuana dispensaries, medical marijuana caregiver retail stores, and medical marijuana registered caregivers.
[Added 5-12-2015 by Order No. 17-15; amended 6-1-2021 by Order No. 28-21; 5-10-2022 by Order No. 16-22]
Notwithstanding the provisions of 1 M.R.S.A. § 302 or any other law to the contrary, the amendments to this chapter evidenced by Order No. 28-21, when enacted, shall govern any proposed medical marijuana dispensary or medical marijuana registered caregiver for which an application has not been submitted and acted on by the Planning Board prior to January 27, 2021. The following standards apply to all medical marijuana dispensaries, medical marijuana caregiver retail stores, and medical marijuana registered caregivers: All medical marijuana dispensaries, medical marijuana caregiver retail stores, and medical marijuana registered caregivers are principal uses regardless of the amount of space they may occupy within a building. All medical marijuana dispensaries, medical marijuana caregiver retail stores, and medical marijuana registered caregivers require site plan review and approval from the Planning Board prior to the issuance of any building permit or certificate of occupancy. In addition to the site plan review standards set forth in Article XI of this chapter, the following performance standards are to be used by the Planning Board in reviewing site plan applications and compliance with the same shall serve as requirements for approval of any such site plans.
A.
Separation from schools.
(1)
No medical marijuana dispensary, no medical marijuana caregiver retail store, and no medical marijuana registered caregiver shall be sited within 500 feet of the lot lines of a school. No sign or other advertisement may be displayed within 500 feet of the lot lines of a preexisting school. The distance cited in this subsection shall be measured between the lot line of the proposed site for the medical marijuana dispensary, medical marijuana caregiver retail store, or medical marijuana registered caregiver and the lot line of the site of the school at their closest points. For purposes of this measurement, if a medical marijuana dispensary, medical marijuana caregiver retail store, or medical marijuana registered caregiver is to be located on a site that is leased from an unrelated third party, such an establishment's lot line, shall be determined as follows:
(a)
If the establishment leases an entire parcel of land, the lot line of such establishment shall be the lot line of the parcel;
(b)
If the establishment leases a freestanding building or buildings which is or are part of a larger parcel containing other freestanding buildings, the lot line of such establishment shall be the outer wall of the building(s) being leased by the establishment; and
(c)
If the establishment leases a room or suite of rooms within a building, including, without limitation, individual units within a shopping plaza or shopping mall, the lot line of such establishment shall be the outer wall of the building within which such room or suite of rooms is located.
(2)
Any applicant for a building permit, land use approval and/or certificate of occupancy involving a medical marijuana dispensary, medical marijuana caregiver retail store, or a medical marijuana registered caregiver shall submit with the application a map of properties within 500 feet of the proposed use and a list of the uses of those surrounding properties, each in such format as may be required by the Town Planner. The Town will only verify distance of the proposed premises from a school; once all of the Town-required licenses, permits and approvals are issued, the Town will not preclude a school from opening at a location within the buffer zone.
(3)
A medical marijuana dispensary, medical marijuana caregiver retail store, or medical marijuana registered caregiver may continue to operate in its present location as a preexisting use if a school later locates within the buffer zone; however, the medical marijuana dispensary, medical marijuana caregiver retail store, or medical marijuana registered caregiver does so at his/her/its own risk, and Town-issued licenses, permits or approvals provide no protection or indemnification against enforcement of federal or other applicable laws that may prohibit operation of a medical marijuana dispensary, medical marijuana caregiver retail store, or medical marijuana registered caregiver near a school.
(4)
Any medical marijuana dispensary, medical marijuana caregiver retail store, or medical marijuana registered caregiver that wants to change to another type of establishment or add an additional use, other than the one for which it initially sought and obtained Planning Board site plan approval may do so, but it must first seek and obtain site plan approval for the new use and must comply with the then-current separation distances for schools. Any medical marijuana dispensary, medical marijuana caregiver retail store, or medical marijuana registered caregiver that has any permit, approval or license necessary to operate as such an establishment either lapse or be finally adjudicated as revoked must, prior to recommencing operations: (a) seek and obtain Planning Board site plan approval for the medical marijuana use; and (b) comply with the then-current separation distances for schools.
(5)
For purposes of this section, the term "school" means a "public school" as that term is defined in 20-A M.R.S.A. § 1(24), as may be amended; a "private school" as that term is defined in 20-A M.R.S.A. § 1(22), as may be amended; and/or a "public preschool program" as that term is defined in 20-A M.R.S.A. § 1(23-A), as may be amended.
(6)
For purposes of this section, the term "advertisement" means publicizing the trade name of a medical marijuana dispensary, medical marijuana caregiver retail store, or medical marijuana registered caregiver together with words or symbols referring to marijuana or publicizing the brand name of marijuana items.
B.
Operating plan. Applicants shall submit a copy of its detailed operating plan which shall include, without limitation, information related to the following, if applicable: (1) diagram(s) of the proposed registered premises; (2) security; (3) operating days and hours of operation; (4) cultivation and cultivation areas; (5) specific products and production processes; (6) compliance with packaging and labeling; (7) signs, advertising and marketing; (8) sales to qualifying patients; (9) wholesale activities; (10) record keeping; (11) disposal of marijuana waste; (12) odor control plan; and (13) a workplace safety plan consistent with 29 CFR Part 1910, covering personal protective equipment, hazard assessment, safe equipment operation, proper application of agricultural chemicals, ladder use, hazard communication and other state and federal workplace safety requirements, as applicable.
C.
Hours of operation. Medical marijuana dispensaries and medical marijuana caregiver retail stores may be open for business only between the hours of 7:00 a.m. and 10:00 p.m., locally prevailing time. When there is a conflict between state laws and regulations and local zoning, the more restrictive hours of operation shall apply.
D.
Area of activities. All activities of medical marijuana dispensaries, medical marijuana caregiver retail stores, and medical marijuana registered caregivers, including, without limitation, cultivating, growing, processing, manufacturing, displaying, selling and storage, shall be conducted indoors and not in any building that also contains a dwelling unit or other residential use. Medical marijuana dispensaries, medical marijuana caregiver retail stores, and medical marijuana registered caregivers are not permitted to conduct outdoor sales or services of any kind. Any common areas, including, but not limited to storage areas and building facilities, shared with another use must be clearly identified as such on the site plan application.
E.
Odor management.
(1)
For medical marijuana dispensaries, medical marijuana caregiver retail stores, and medical marijuana registered caregivers, the odor of marijuana must not be detected off site, i.e., must not be detected at premises that are not under the custody or control of the establishment. To prevent and control marijuana odors, an odor control plan prepared by a Maine licensed air-handling engineer shall be submitted as part of the site plan application describing the odor(s) originating or anticipated to originate at the premises and the control technologies to be used to prevent such odor(s) from leaving the premises while reducing the risk of fire or respiratory harm within the facility. The odor control plan shall, at a minimum, include the following:
(a)
A facility floor plan that identifies the locations of all odor-emitting activities and sources. The plan shall also identify the location of doors, windows, vents, HVAC systems, odor-control systems and other relevant information.
(b)
A list of specific odor-emitting activities and sources, and a description of the processes that will take place at the facility, including, but not limited to, vegetative flowering, processing and storage.
(c)
For each odor-emitting activity or source, a description of the administrative procedures as well as the engineering processes, technologies, and equipment the facility will use.
[1]
Administrative controls shall include, at a minimum: management practices to isolate odor activities and sources, use of standard operating procedures, employee training, regular equipment inspections and maintenance of inspection logs.
[2]
Engineering controls shall include, at a minimum, building design features; use of equipment and technology to address each specific odor-emitting activity or source; a systems and equipment maintenance and replacement schedule; and evidence that proposed equipment and technology are sufficiently capable and appropriately sized consistent with marijuana industry best practices for control technologies designed to effectively mitigate odors.
(2)
While the Town does not mandate any particular equipment specifications with regard to filtration or ventilation, all medical marijuana dispensaries, medical marijuana caregiver retail stores, and medical marijuana registered caregivers are strongly encouraged to adopt best management practices with regard to implementing state-of-the-art technologies in mitigating marijuana odor, such as air scrubbers and charcoal filtration systems.
F.
Noxious gases and fumes. Marijuana cultivation areas shall include appropriate ventilation systems to mitigate noxious gases or other fumes used or created as part of the production.
G.
Other emissions. Sufficient measures and means of preventing smoke, debris, dust, fluids and other substances from exiting the premises of a medical marijuana dispensary, medical marijuana caregiver retail store, or medical marijuana registered caregiver must be provided at all times.
H.
Waste disposal. All medical marijuana dispensaries, medical marijuana caregiver retail stores, and medical marijuana registered caregivers shall have in place an operational plan for proper disposal of marijuana and related by-products/waste products in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. Dumpsters and trash containers must not be overflowing, and the surrounding area must be kept free of litter and trash. All dumpsters and containers shall be screened from public view. All trash receptacles on the premises used to discard marijuana products must have a metal cover or lid that is locked at all times when the receptacle is unattended and security cameras must be installed to record activities in the area of such trash receptacles.
I.
Wastewater. Wastewater generated during the cultivation, processing or manufacturing of marijuana must be disposed of in compliance with applicable state and local laws and regulations.
J.
Other applicable codes. Plans for compliance with applicable building, electrical and fire codes and federal and state environmental requirements must be provided to the Planning Board.
K.
Security.
(1)
Sufficient and appropriate security measures to deter and prevent unauthorized entrance into areas containing marijuana and the theft of marijuana must be provided at all times and in accordance with all applicable federal, state and local laws and regulations. Security measures shall include, at a minimum, the following:
(a)
Security surveillance cameras installed and operating 24 hours a day, seven days a week to monitor all entrances and exits, along with the interior and exterior of the premises, to discourage and facilitate the reporting of criminal acts and nuisance activities occurring at the premises;
(b)
Door and window intrusion robbery and burglary alarm systems with audible and Cumberland County Sheriff's Office notification components that are professionally monitored and maintained in good working order;
(c)
A locking safe or its functional equivalent permanently affixed to the premises that is suitable for storage of all marijuana product and cash stored overnight on the premises;
(d)
Exterior lighting that illuminates the exterior walls of the premises and complies with applicable provisions of the Town of Standish Code of Ordinances; and
(e)
Deadbolt locks on all exterior doors to the building and all entrances to the establishment if separate from the building entrances, and locks or bars on any other access points to the establishment (e.g., windows). If building entrances are shared with other tenants, the establishment shall ensure that security measures do not prevent or restrict building access by other tenants.
(2)
All security recordings shall be preserved for at least 45 days. All medical marijuana dispensaries, medical marijuana caregiver retail stores, and medical marijuana registered caregivers shall provide the Town Manager or his/her designee with the name and functioning telephone number of a twenty-four-hour on-call staff person to whom the Town may provide notice of any operating problems associated with the establishment.
L.
Firesafety. All medical marijuana dispensaries, medical marijuana caregiver retail stores, and medical marijuana registered caregiver facilities shall comply with National Fire Protection Association (NFPA) 1 Fire Code, Chapter 38, Standards for Marijuana Growing, Processing, or Extraction Facilities (most recent edition), and these standards shall be used by the Fire Department during its inspections of each facility. All buildings associated with a medical marijuana dispensary, medical marijuana caregiver retail store, or medical marijuana registered caregiver shall be protected by use of fire suppression sprinkler systems or such other effective fire suppression system as may be approved by the Fire Chief. Medical marijuana dispensaries and medical marijuana caregiver retail stores shall have a Knox-Box® or shall provide the Fire Department with the necessary information to allow entry by Fire Department personnel in the event of an emergency at the location.
M.
Sale of edible products. No food products shall be sold, prepared, produced or assembled by a medical marijuana dispensary, medical marijuana caregiver retail store, or medical marijuana registered caregiver except in compliance with all operating and other requirements of state and local law and regulation, including, without limitation, food establishment licensing requirements. Any goods containing marijuana for human consumption shall be stored in a secure area.
N.
Drive-through and home delivery. Medical marijuana dispensaries are prohibited from having drive-through pickup facilities or home delivery services. Medical marijuana caregiver retail stores are prohibited from having drive-through pickup facilities.
O.
Extraction of marijuana. The extraction of marijuana using inherently dangerous substances is prohibited.
P.
Inspections. The Code Enforcement Officer or his/her designee shall inspect all medical marijuana dispensaries, medical marijuana caregiver retail stores, and medical marijuana registered caregivers prior to issuance of a certificate of occupancy, to verify that the facilities are constructed and can be operated in accordance with the application submitted, the land use approval(s) issued and the requirements of this chapter, local and state building codes and electrical codes. The Fire Chief or his/her designee shall inspect all medical marijuana dispensaries, medical marijuana caregiver retail stores, and medical marijuana registered caregiver prior to issuance of a certificate of occupancy, to verify that the facilities are constructed and can be operated in accordance with all applicable fire codes. The initial inspection shall occur after the establishment is ready for operation. No marijuana or marijuana products will be allowed on the premises until the inspection is complete and a certificate of occupancy has been issued. Nothing herein shall prevent the Code Enforcement Officer, Fire Chief, or his/her respective designee from inspecting medical marijuana dispensaries, medical marijuana caregiver retail stores, and medical marijuana registered caregivers at random intervals and without advance notice, provided that the inspection is during normal business hours of the establishment.
Q.
Outside review fees. In addition to the application fee, every applicant may also be required by the Town Planner to pay a consulting cost fee to cover 100% of the Town's costs related to independent engineering, planning, legal and similar professional consulting services incurred in its review of the site plan application. This fee must be paid to the Town and shall be deposited in an interest-bearing escrow account, which shall be separate and distinct from all other Town accounts. When a consulting cost fee is required, the application will be considered incomplete until evidence of payment of this fee is submitted to the Town Planner. If the initial fee proves to be insufficient to meet the Town's legal and technical review costs, the Town Planner may assess an additional fee(s) to cover such legal and technical review costs.
R.
Change of use/addition of use. If a medical marijuana dispensary, medical marijuana caregiver retail store, or medical marijuana registered caregiver wants to change to another type of medical marijuana use or add a use, such change or addition of use must be reviewed and approved by the Planning Board for compliance with this chapter.
S.
Other approvals. No medical marijuana dispensary, medical marijuana caregiver retail store, or medical marijuana registered caregiver shall conduct any activity for which he/she/it has not received the required State of Maine license, certification or registration, as applicable.
T.
Confidentiality. Medical marijuana registered caregivers and other applicants submitting applications and supporting information that is confidential under 22 M.R.S.A. § 2425-A(12), as may be amended, and the Maine Freedom of Access Act, 1 M.R.S.A. § 402(3)(F), shall mark such information as confidential. An individual who possesses a valid Maine medical marijuana registered caregiver registry identification card need not identify himself or herself in an application or registration. The cardholder must identify himself or herself and provide the relevant cards to the Code Enforcement Officer for examination, but the identity of the cardholder shall not be a public record and the Code Enforcement Officer shall not share the identity of the cardholder, except as necessary by law in the performance of his or her duties. At the time of application/registration, the cardholder may appoint a representative to appear before the Planning Board or Code Enforcement Officer, as applicable, on his or her behalf. Advertisements for public hearing shall contain the location of the proposed medical marijuana facility and the identity of the owner of the real estate and the identity of the designated representative.
U.
Nonconforming uses. Nonconforming medical marijuana registered caregivers lawfully existing as of the date of adoption of the amendments to this chapter evidenced by Order No. 28-21 are subject to the standards of Article V, Nonconforming Uses, and the local registration requirement of § 181-19.3. When site plan review is triggered by a proposed change in use and/or structure, the use and/or structure shall comply with these performance standards to the greatest extent practicable as determined by the Planning Board. The addition of a medical marijuana caregiver retail store to an existing nonconforming medical marijuana registered caregiver is considered a change in use and shall comply with these performance standards to the greatest extent practicable as determined by the Planning Board.
V.
Other laws remain applicable. Medical marijuana dispensaries, medical marijuana caregiver retail stores, and medical marijuana registered caregivers shall meet all operating and other requirements of state and local law and regulation. To the extent the State of Maine has adopted or adopts in the future any stricter law or regulation governing medical marijuana dispensaries, medical marijuana caregiver retail stores, or medical marijuana registered caregivers, the stricter law or regulation shall control.
§ 181-19.3 Local registration requirement for medical marijuana registered caregivers.
[Added 6-1-2021 by Order No. 28-21]
A.
Effective January 1, 2022, no medical marijuana registered caregiver operating in the Town as of January 27, 2021, and for which an application has not been submitted and acted on by the Planning Board prior to January 27, 2021, shall continue to act as a caregiver for that location without first registering with the Code Enforcement Officer. Local registration forms and preregistration inspection checklists shall be available in the Code Enforcement Office.
B.
Nonrefundable fees for a local registration shall be as set forth in the Schedule of License, Permit, Inspection and Application Fees established by Town Council order, and such fee must be submitted with the local registration form at the time of registration or renewal.
C.
A person shall not be considered registered until all information and fees are provided to the satisfaction of the Code Enforcement Officer and a local annual registration number has been assigned to the medical marijuana registered caregiver. The Code Enforcement Officer or his/her designee and the Fire Chief or his/her designee shall inspect a medical marijuana registered caregiver premises prior to the issuance of a local annual registration number, to verify that the facilities are constructed and can be operated in accordance the requirements of this chapter and applicable building, electrical and fire safety codes.
D.
Local registrations are valid for 12 months from the date of issuance of the registration number unless sooner suspended or revoked and must be renewed on an annual basis. Local registrations are not transferable to another location.
E.
A local registration may be revoked or suspended for violation of any of the provisions of this chapter. If a violation is found to exist by the Code Enforcement Officer, the Code Enforcement Officer may suspend or revoke the then-current local registration after first providing written notice of the violation and allowing the violator 10 business days an opportunity to respond in writing to the violation.
F.
The local registration requirement for marijuana registered caregivers operating in the Town as of January 27, 2021, and for which an application has not been submitted and acted on by the Planning Board prior to January 27, 2021, for that location shall cease if and when the marijuana registered caregiver obtains site plan approval from the Planning Board pursuant to § 181-19.2.
G.
Any medical marijuana registered caregiver must continuously maintain a State of Maine registration in order to take advantage of the provisions of § 181-19.2U. If the necessary State of Maine registration either lapses or is finally adjudicated as revoked, the medical marijuana registered caregiver must, prior to re-commencing operations, seek and obtain Planning Board site plan approval for the location, including, without limitation, complying with the then-current use limitations of the zoning district and the then-current separation distances listed in § 181-19.2A.
§ 181-19.4 Performance standards for adult use marijuana cultivation facilities.
[Added 6-1-2021 by Order No. 28-21; amended 4-12-2022 by Order No. 32-22]
An adult use marijuana cultivation facility other than a nursery marijuana cultivation facility, Tier 1 marijuana cultivation facility or Tier 2 marijuana cultivation facility is prohibited in Standish. All adult use marijuana cultivation facilities are principal uses regardless of the amount of space they may occupy within a building. All adult use marijuana cultivation facilities require site plan review and approval from the Planning Board prior to the issuance of any building permit or certificate of occupancy. In addition to the site plan review standards set forth in Article XI of this chapter, the following performance standards are to be used by the Planning Board in reviewing site plan applications and compliance with the same shall serve as requirements for approval of any such site plans.
A.
Separation from sensitive uses.
(1)
No adult use marijuana cultivation facility shall be sited within 1,000 feet of the lot lines of a school.
(2)
No adult use marijuana cultivation facility shall be sited within 400 feet of the lot lines of a child care facility, community center, higher educational facility, public outdoor recreational area, church, synagogue or other house of religious worship.
(3)
The distance cited in this Subsection A shall be measured between the lot line of the proposed site for the adult use marijuana cultivation facility and the lot line of the site of the use listed in (1) or (2) above at their closest points. For purposes of this measurement, if an adult use marijuana cultivation facility is to be located on a site that is leased from an unrelated third party, such an establishment's lot line shall be determined as follows:
(a)
If the establishment leases an entire parcel of land, the lot line of such establishment shall be the lot line of the parcel;
(b)
If the establishment leases a freestanding building or buildings which is or are part of a larger parcel containing other freestanding buildings, the lot line of such establishment shall be the outer wall of the building(s) being leased by the establishment; and
(c)
If the establishment leases a room or suite of rooms within a building, including, without limitation, individual units within a shopping plaza or shopping mall, the lot line of such establishment shall be the outer wall of the building within which such room or suite of rooms is located.
(4)
Any applicant for a building permit, land use approval and/or certificate of occupancy involving an adult use marijuana cultivation facility shall submit with the application:
(a)
A map of properties within 1,000 feet of the proposed use and a list of the uses of those surrounding properties, each in such format as may be required by the Town Planner; and
(b)
A map of properties within 400 feet of the proposed use and a list of the uses of those surrounding properties, each in such format as may be required by the Town Planner.
(c)
The Town will only verify distance of the proposed premises from existing uses listed in (1) or (2) above; once all of the Town-required licenses, permits and approvals are issued, the Town will not preclude a sensitive use listed in (1) or (2) above from opening at a location within the applicable buffer zones.
(5)
An adult use marijuana cultivation facility may continue to operate in its present location as a pre-existing use if a sensitive use as listed in (1) or (2) above later locates within the applicable buffer zone; however, the adult use marijuana cultivation facility does so at its own risk, and Town-issued licenses, permits or approvals provide no protection or indemnification against enforcement of federal or other applicable laws that may prohibit operation of an adult use marijuana cultivation facility near a sensitive use listed in (1) or (2) above.
(6)
Any adult use marijuana cultivation facility that wants to change to another type of establishment other than the one for which it initially sought and obtained Planning Board site plan approval may do so, but it must first seek and obtain site plan approval for the new use and must comply with the then-current separation distances for the sensitive uses listed in (1) and (2) above. Any adult use marijuana cultivation facility that has any permit, approval or license necessary to operate as such an establishment either lapse or be finally adjudicated as revoked must, prior to re-commencing operations, seek and obtain Planning Board site plan approval for the marijuana use and comply with the then-current separation distances for the sensitive uses listed in (1) and (2) above.
(7)
For purposes of this section, the term "school" means a "public school" as that term is defined in 20-A M.R.S. § 1(24), as may be amended; a "private school" as that term is defined in 20-A M.R.S. § 1(22), as may be amended; and/or a "public preschool program" as that term is defined in 20-A M.R.S. § 1(23-A), as may be amended.
(8)
For purposes of this section, the term "child care facility" means a "child care facility" as that term is defined in 22 M.R.S. § 8301-A(1-A)(B), as may be amended, and/or a "family child care provider'' as that term is defined in 22 M.R.S. § 8301-A(1-A)(C), as may be amended.
(9)
For purposes of this section, the term "community center'' means a building used to provide before or after care to children age 18 or younger that is owned and operated by a municipality or a nonprofit corporation.
(10)
For purposes of this section, the term "higher education facility" means a community college, college or university authorized by the State of Maine to award associate, baccalaureate or higher degrees.
(11)
For purposes of this section, the term "public outdoor recreational area" means a place designed and used for active recreation and/or athletic fields or courts that is owned and operated by a governmental agency.
B.
Area of activities. All activities of adult use marijuana cultivation facilities, including, without limitation, cultivating, growing, and storage, shall be conducted indoors and not in any building that also contains a dwelling unit or other residential use. Adult use marijuana cultivation facilities are not permitted to conduct retail sales or services of any kind. Any common areas, including, but not limited to, storage areas and building facilities, shared with another use must be clearly identified as such on the site plan application.
C.
Odor management. For adult use marijuana cultivation facilities, the odor of marijuana must not be detected off-site, i.e., must not be detected at premises that are not under the custody or control of the establishment. To prevent and control marijuana odors, an odor control plan prepared by a Maine licensed air handling engineer shall be submitted as part of the site plan application describing the odor(s) originating or anticipated to originate at the premises and the control technologies to be used to prevent such odor(s) from leaving the premises while reducing the risk of fire or respiratory harm within the facility. The odor control plan shall, at a minimum, include the following:
(1)
A facility floor plan that identifies the locations of all odor-emitting activities and sources. The plan shall also identify the location of doors, windows, vents, HVAC systems, odor control systems and other relevant information.
(2)
A list of specific odor-emitting activities and sources, and a description of the processes that will take place at the facility, including, but not limited to, vegetative flowering, processing and storage.
(3)
For each odor-emitting activity or source, a description of the administrative procedures as well as the engineering processes, technologies, and equipment the facility will use.
(a)
Administrative controls shall include, at a minimum: management practices to isolate odor activities and sources, use of standard operating procedures, employee training, regular equipment inspections and maintenance of inspection logs.
(b)
Engineering controls shall include, at a minimum: building design features; use of equipment and technology to address each specific odor-emitting activity or source; a systems and equipment maintenance and replacement schedule; and evidence that proposed equipment and technology are sufficiently capable and appropriately sized consistent with marijuana industry best practices for control technologies designed to effectively mitigate odors.
While the Town does not mandate any particular equipment specifications with regard to filtration or ventilation, all adult use marijuana cultivation facilities are strongly encouraged to adopt best management practices with regard to implementing state-of-the-art technologies in mitigating marijuana odor, such as air scrubbers and charcoal filtration systems. |
D.
Noxious gases and fumes. Adult use marijuana cultivation facilities shall include appropriate ventilation systems to mitigate noxious gases or other fumes used or created as part of the production.
E.
Other emissions. Sufficient measures and means of preventing smoke, debris, dust, fluids and other substances from exiting an adult use marijuana cultivation facility must be provided at all times.
F.
Waste disposal. All adult use marijuana cultivation facilities shall have in place an operational plan for proper disposal of marijuana and related by-products/waste products in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. Dumpsters and trash containers must not be overflowing, and the surrounding area must be kept free of litter and trash. All dumpsters and containers shall be screened from public view. All trash receptacles on the premises used to discard marijuana products must have a metal cover or lid that is locked at all times when the receptacle is unattended and security cameras must be installed to record activities in the area of such trash receptacles.
G.
Wastewater. Wastewater generated during the cultivation, processing or manufacturing of marijuana must be disposed of in compliance with applicable state and local laws and regulations.
H.
Other applicable codes. Plans for compliance with applicable building, electrical and fire codes and federal and state environmental requirements must be provided to the Planning Board.
I.
Security. Sufficient and appropriate security measures to deter and prevent unauthorized entrance into areas containing marijuana and the theft of marijuana must be provided at all times and in accordance with all applicable federal, state and local laws and regulations. Security measures shall include, at a minimum, the following:
(1)
Security surveillance cameras installed and operating 24 hours a day, seven days a week to monitor all entrances and exits, along with the interior and exterior of the premises, to discourage and facilitate the reporting of criminal acts and nuisance activities occurring at the premises;
(2)
Door and window intrusion robbery and burglary alarm systems with audible and Cumberland County Sheriff's Office notification components that are professionally monitored and maintained in good working order;
(3)
A locking safe or its functional equivalent permanently affixed to the premises that is suitable for storage of all marijuana product and cash stored overnight on the premises;
(4)
Exterior lighting that illuminates the exterior walls of the premises and complies with applicable provisions of the Town of Standish Code of Ordinances; and
(5)
Deadbolt locks on all exterior doors and locks or bars on any other access points (e.g., windows).
All security recordings shall be preserved for at least 45 days. All adult use marijuana cultivation facilities shall provide the Town Manager or his/her designee with the name and functioning telephone number of a twenty-four-hour on-call staff person to whom the Town may provide notice of any operating problems associated with the establishment. |
J.
Fire safety. All adult use marijuana cultivation facilities shall comply with National Fire Protection Association (NFPA) 1 Fire Code, Chapter 38 standards for Marijuana Growing, Processing, or Extraction Facilities (most recent edition), and these standards shall be used by the Fire Department during its inspections of each facility. All buildings associated with an adult use marijuana cultivation facility shall be protected by use of fire suppression sprinkler systems or such other effective fire suppression system as may be approved by the Fire Chief.
K.
Inspections. The Code Enforcement Officer or his/her designee will inspect all adult use marijuana cultivation facilities prior to issuance of a certificate of occupancy, to verify that the facilities are constructed and can be operated in accordance with the application submitted, the land use approval(s) issued and the requirements of this chapter, local and state building codes and electrical codes. The Fire Chief or his/her designee will inspect all adult use marijuana cultivation facilities prior to issuance of a certificate of occupancy, to verify that the facilities are constructed and can be operated in accordance with all applicable fire codes. The initial inspection shall occur after the establishment is ready for operation. No marijuana or marijuana products will be allowed on the premises until the inspection is complete and a certificate of occupancy has been issued. Nothing herein shall prevent the Code Enforcement Officer, Fire Chief, or his/her respective designee from inspecting adult use marijuana cultivation facilities at random intervals and without advance notice provided that the inspection is during normal business hours of the establishment.
L.
Change of use/addition of use. If an adult use marijuana cultivation facility wants to change to another type of marijuana use, such change of use must be reviewed and approved by the Planning Board for compliance with this chapter.
M.
Other approvals. No adult use marijuana cultivation facility shall conduct any activity for which it has not received the required State of Maine license, certification or registration, as applicable.
N.
Other laws remain applicable. An adult use marijuana cultivation facility shall meet all operating and other requirements of state and local law and regulation. To the extent the State of Maine has adopted or adopts in the future any stricter law or regulation governing adult use marijuana cultivation facilities, the stricter law or regulation shall control.
§ 181-19.5 Performance standards for indoor shooting ranges.
[Added 9-12-2023 by Order No. 62-23]
All indoor shooting ranges require special exception review and approval from the Board of Appeals and site plan review and approval from the Planning Board prior to the issuance of any building permit or certificate of occupancy. In addition to the site plan review standards set forth in Article XI of this chapter, the following performance standards are to be used by the Planning Board in reviewing site plan applications and compliance with the same shall serve as requirements for approval of any such site plans.
A.
Any application to the Planning Board for site plan review of an indoor shooting range shall include the following materials in addition to those required per §§ 181-69 through 181-73:
(1)
A map of all properties within 500 feet of the property line, including land ownership and any structures within 300 feet.
(2)
The site plan must include complete design of the indoor shooting range, to scale, including existing and proposed structures, firing positions, firing lines, target areas, surface safety zones, berms, baffles and other significant elements of the range. Plans presented with applications for new indoor shooting ranges shall have a Maine-licensed professional engineer's stamp. Plans for expansions or modifications to an existing indoor shooting range shall have a Maine-licensed professional engineer's stamp, unless the Planning Board or CEO, as applicable, determines that the modification does not impact the original engineering design approval.
(3)
An environmental stewardship plan documenting environmental action to be completed on the range. This plan shall include, but is not limited to:
(a)
A plan describing how all bullets, shot or other projectiles or any other debris shall be contained within the shooting range.
(b)
Evaluation and prioritization of appropriate actions to manage lead issues, meeting or exceeding OSHA regulations regarding lead.
(c)
Procedures for safe disposal or recycling of all lead impacted waste and any other hazardous wastes.
(d)
Description of existing environmental conditions, including any known environmental concerns at the property.
(e)
Provisions for periodic evaluation of progress toward environmental stewardship goals and appropriate revisions of plans.
(f)
Description and evaluation of air filtration system showing that exhaust air will not degrade air quality of the surrounding area.
(4)
Narrative explaining the operations of the facility, to include, but not limited to; hours of operation, ownership and management structure, types of firearms to be allowed to be fired, whether there will be retail or service businesses associated with the range, and if there will be any storage of firearms or ammunition on site.
(5)
Safety plan. This plan shall include, but is not limited to, a detailed description of how the proposed facility compares to the NRA Range Source Book and the Federal Office of Health, Safety, and Security Range Design Criteria. If firearms are to be stored on site, the plan shall include a plan for how they will be secured.
(6)
Range rules.
(7)
A report from a Maine-licensed professional engineer detailing how the indoor shooting range will operate within the noise regulations of Chapter 206, Noise. This shall include a plan of the range showing the projected dBA levels at the property lines.
(8)
A description of the filtration system to be implemented to protect air and surfaces for the prevention of the spread of hazardous substances to clean areas, such as food concession areas, and protection of participants. Includes pre-, secondary and final-filters; filter disposal; and filter handling.
(9)
Documentation of the property, casualty and liability insurance coverage of the indoor shooting range.
B.
Public hearing and notice to abutters. The Planning Board site plan review of all indoor shooting range applications shall include the conduct of a public hearing on the application. Notice of this public hearing shall be sent to all property owners within 500 feet of the proposed facility's property line. For the purposes of this subsection, property owners shall be considered to be the parties listed by the Assessor for the Town as those against whom taxes are assessed. Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action by the Planning Board.
C.
Setbacks and buffers.
(1)
All buildings in which shooting will be conducted must be a minimum of 50 feet from any property line.
(2)
All buildings in which shooting will be conducted must be a minimum of 100 feet from any building on an abutting property. If a building on an abutting property is constructed within 100 feet of an indoor shooting range, after its establishment, the indoor shooting range shall not be allowed to further encroach into this buffer.
D.
Minimum design requirements. Where not otherwise specified within this chapter, new indoor shooting ranges shall meet or exceed the design standards for indoor ranges specified by the NRA Range Source Book.
E.
Prohibited firearms and operations.
(1)
No fully automatic firearms.
(2)
No exploding targets, tracers, or incendiary ammunition.
(3)
All firearms used in the facility must be covered by the safety, environmental, and noise compliance materials submitted to the Planning Board. If those materials are limited in their review based on certain calibers, types of firearms, or any other criteria, then any firearms not covered by those materials are prohibited at the indoor shooting range.
F.
Shot containment. Indoor shooting ranges shall be designed and operated to contain all bullets, shot, and other projectiles and debris within the indoor shooting range.
G.
Access to indoor shooting range. Access to all indoor shooting ranges shall be secured and controlled. All firearms must be unloaded and in a case unless within the controlled area of the facility.
H.
Proper supervision. There shall be a certified range master, certified firearms instructor, or certified range safety officer on site, actively in control of the indoor shooting range, whenever the range is in use, and whose certification includes all types of firearms currently in use at the range.
I.
Insurance. The indoor shooting range shall be covered by a minimum $1,000,000 per occurrence of liability insurance. Such insurance shall name the Town as an additional insured and shall indemnify and hold harmless the Town, its agents, officers and employees, from and against all claims, damages, losses, and expenses, just or unjust, including, but not limited to, the costs of defense and reasonable attorney's fees arising out of or resulting from action of the owner or operator of the indoor shooting range, their officers, agents, employees, provided that any such claim, damage, loss or expense: 1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use therefrom; and 2) is caused in whole or in part by any negligent act or omission of the indoor shooting range owner or operator, anyone directly or indirectly employed by them, or anyone for whose act they may be liable. Such obligation of indemnification shall not be construed to negate or abridge any other obligation of indemnification running to the Town that otherwise exists. The extent of the indemnification provision shall not be limited by the provision for insurance in this chapter. The Town shall be notified of any policy changes or lapses in coverage.
J.
Nonconforming uses. Nonconforming shooting ranges lawfully permitted as of the date of adoption of this § 181-19.5 evidenced by Order No. 62-23 are subject to the standards of Article V, Nonconforming Uses. When site plan review is triggered by a proposed change in use and/or structure, the use and/or structure shall comply with these performance standards to the greatest extent practicable as determined by the Planning Board.
K.
The Code Enforcement Officer or his/her designee shall inspect all indoor shooting ranges prior to issuance of a certificate of occupancy, to verify that the ranges are constructed and can be operated in accordance with the application submitted, the land use approval(s) issued and the requirements of this chapter and local and state laws, regulations, and building codes as applicable. The Fire Chief or his/her designee shall inspect all indoor shooting ranges prior to issuance of a certificate of occupancy, to verify that the ranges are constructed and can be operated in accordance with all applicable fire codes. These inspection(s) shall occur after the establishment is ready for operation. No discharge of firearms, except that needed to test that the facility is operating as expected, shall be allowed until the inspection is complete and a certificate of occupancy has been issued. Nothing herein shall prevent the Code Enforcement Officer, Fire Chief, or their respective designees from inspecting indoor shooting ranges as needed to enforce applicable laws and regulations.
L.
Local registration. All indoor shooting ranges must register with the Code Enforcement Officer and may not operate without a current local registration. Local registration forms and preregistration inspection checklists shall be available in the Code Enforcement Office.
(1)
Nonrefundable fees for a local registration shall be as set forth in the Schedule of License, Permit, Inspection and Application Fees established by Town Council order, and such fee must be submitted with the local registration form at the time of registration or renewal.
(2)
An indoor shooting range shall not be considered registered until all information and fees are provided to the satisfaction of the Code Enforcement Officer and a local annual registration number has been assigned to the indoor shooting range. The Code Enforcement Officer or his/her designee and the Fire Chief or his/her designee shall inspect an indoor shooting range prior to the issuance of a local annual registration number, to verify that the ranges are being maintained appropriately and can be operated in accordance the requirements of this chapter, conditions of approval from the Planning Board, and applicable building, electrical and fire safety codes.
(3)
Local registrations are valid for 12 months from the date of issuance of the registration number unless sooner suspended or revoked and must be renewed on an annual basis. Local registrations are not transferable to another location.
(4)
A local registration may be revoked or suspended for violation of any of the provisions of this chapter. If a violation is found to exist by the Code Enforcement Officer, the Code Enforcement Officer may suspend or revoke the then-current local registration after first providing written notice of the violation and allowing the violator an opportunity to respond in writing to the violation with five business days.
M.
Other laws remain applicable. Indoor shooting ranges shall meet all operating and other requirements of state and local law and regulation. To the extent the State of Maine has adopted or adopts in the future any stricter law or regulation governing indoor shooting ranges, the stricter law or regulation shall control.
§ 181-20 Off-street parking design.
[Amended 11-9-2010 by Order No. 91-10]
A.
Parking design.
(1)
For commercial, professional or business establishments which have any frontage on a collector or arterial street and which are situated in the Village Center, Business and Commercial or Industrial Districts, all off-street parking for such facility shall conform to the following standards:
(a)
For buildings under 10,000 square feet, all parking shall be situated behind that portion of the structure which faces the arterial or collector street, except that one row of parking may be situated along one side of the structure.
(b)
For buildings 10,000 square feet and over, 60% of the parking shall be situated behind that portion of the structure which faces the arterial or collector street. The remaining 40% may be situated at the sides or rear of the structure.
(2)
For commercial, professional or business establishments which have any frontage on two collector or arterial streets and which are situated in the Village Center, Business and Commercial or Industrial Districts, all off-street parking shall be situated as near as possible to the corner of the building which is most distant from both streets. In no case shall any parking be situated closer than 75 feet to either street.
(3)
All off-street parking constructed in conjunction with a commercial, professional or business development which fronts on a collector or an arterial street and is situated in the Village Center, Business and Commercial or Industrial Districts shall be designed such that vehicles can turn around within the parking area and enter the street in a forward motion.
(4)
Curb cuts into any off-street parking facility shall be limited to one per lot for all lots with less than 200 linear feet of street frontage. For lots with more than 200 feet of frontage, a maximum of one cut per 200 feet of frontage shall be permitted, to a maximum of two. Wherever possible, adjacent establishments shall utilize shared driveways.
(5)
Existing buildings which have any frontage on a collector or arterial street in the Village Center, Business and Commercial or Industrial Districts and which by change of use become a commercial, professional or business establishment shall conform to the above standards to the maximum extent feasible. Expansions of existing business, professional or commercial establishments which have any frontage on a collector or arterial street in the Village Center, Business and Commercial or Industrial Districts shall also conform to these standards to the maximum extent feasible. Any modifications of the above standards shall be approved by the Planning Board.
B.
Landscaping. All off-street parking facilities constructed in conjunction with a commercial, professional or business establishment which has any frontage on an arterial or collector roadway and which is situated in the Village Center, Business and Commercial or Industrial Districts shall be landscaped with islands or berms which incorporate deciduous street trees within and adjacent to the lot area. Trees shall be placed in accordance with the following schedule:
(1)
Trees shall be at least eight feet tall.
(2)
Any trees or other landscaping materials placed under this section which die or are damaged at any time shall be immediately replaced to ensure that the goals of this section are achieved. All landscaping required by this section shall be well-maintained throughout the year.
(3)
Interior parking area: one tree for every 10 parking spaces. Trees may be clustered on islands or berms within the parking lot or may be equally spaced throughout the lot. The goal of tree placement is to soften the visual appearance of the parking area and to provide shade during the summer months.
(4)
Rear yard: at least one tree approximately every 30 feet, situated either evenly across the rear boundary line of the parking lot or in pairs which are grouped to create an attractive cluster of vegetation which clearly delineates the rear boundary of the site.
(5)
Side yard: at least one line of deciduous trees spaced evenly approximately every 30 feet along both side lines of the lot. The actual distance between trees shall be determined by the anticipated mature crown size of the species planted.
C.
Existing buildings which have any frontage on a collector or arterial street in the Village Center, Business and Commercial or Industrial Districts and which by change of use become a commercial, professional or business establishment shall conform to the above standards to the maximum extent feasible. Expansions of existing business, commercial or professional establishments which have any frontage on a collector or arterial street in the Village Center, Business and Commercial or Industrial Districts shall also conform to these standards to the maximum extent feasible. Any modifications of the above standards shall be approved by the Planning Board.
§ 181-21 Buffer areas to streets.
[Amended 11-9-2010 by Order No. 91-10]
A.
For all commercial, professional or business establishments which have any frontage on a collector or arterial street and which are situated in the Village Center, Business and Commercial or Industrial Districts, a buffer area between the right-of-way line of the subject roadway and all proposed structures shall be maintained to soften the appearance of structures and parking lots. The buffer shall be continuous, except as set forth below, and shall conform to the following standards:
(1)
For developments with a gross building area under 20,000 square feet, a buffer of no less than 50 feet shall be maintained across the frontage of the property.
(2)
For developments with a gross building area of 20,000 square feet and over, a buffer of no less than 100 feet shall be maintained across the frontage of the property.
B.
If the buffer area already has mature trees, their preservation is required. If predevelopment buffer trees are insufficient to soften the proposed development, at least one additional line of mixed deciduous and coniferous trees shall be installed across the frontage at a frequency of not fewer than one approximately every 30 feet. The actual distance between trees shall be based on anticipated mature crown size of the species planted. The minimum size of new trees shall be eight feet tall. New trees shall be placed approximately 15 feet from the property line. Ground plantings in the buffer zone shall be limited to horizontal, although not necessarily flat, planes of grass. Shrub-dominated planting shall be confined to the building perimeter area. Any trees or other landscaping materials placed under this section which are damaged or die at any time shall be immediately replaced to ensure that the buffering effect of these materials is achieved. All landscaping required by this section shall be well-maintained throughout the year.
C.
Within the minimum visual buffer area there shall be no development or construction activity, with the following exceptions:
(1)
Roadway and/or driveway access to the portion of the site not in the minimum visual buffer, provided that it is approximately perpendicular to the right-of-way.
(2)
Provision for water, sanitary sewer, storm drainage, electrical, telephone, natural gas, cable, etc., service lines, provided that they are approximately perpendicular to the right-of-way. In the event that utilities must be installed approximately parallel to the road right-of-way, an equal amount of buffer may be required to substitute for the area of vegetation removal.
(3)
Pedestrian and bicycle paths designed to provide continuous connection along the road corridor. All such paths must be constructed without materially reducing the screening and visual softening capacity of the vegetation buffer.
(4)
Lighting fixtures if, for safety reasons, they cannot be placed outside the buffer area and only when electric utility lines serving these fixtures and necessary easements can be established and constructed without reducing the screening and visual softening capacity of the vegetative buffer.
D.
Clear sight distances at the permitted entrances and exits to any development as needed to provide for reasonable traffic safety.
(1)
The addition of planting, earth forms or other visual buffers which, in the opinion of the Planning Board, would better achieve the purpose of screening and softening the appearance of structures and parking lots from the road.
E.
Existing buildings which have any frontage on a collector or arterial street in the Village Center, Business and Commercial or Industrial Districts and which by change of use become a commercial, professional or business establishment shall conform to the above standards to the maximum extent feasible. Expansions of existing business, commercial or professional establishments which have any frontage on an arterial or collector street in the Village Center or Business and Commercial Districts shall also conform to these standards to the maximum extent feasible. Any modifications of the above standards shall be approved by the Planning Board.
F.
Within the Form Based Code Village Districts, the buffer area to streets standard shall be met by installing the FBCVD streetscape elements per applicable FBCVD street frontage type standards.
[Added 6-7-2011; amended 8-12-2014 by Order No. 65-14]
§ 181-22 Pedestrian ways.
A.
Pedestrian accessways shall be provided along the street frontage of every commercial, business or professional establishment developed along a collector or arterial street in the Form Based Code Village Districts and Business and Commercial Districts. Within the Form Based Code Village Districts, pedestrian accessways shall meet the standards per the applicable FBCVD street frontage type. In the Business and Commercial Districts, pedestrian accessways shall be at least six feet in width and shall provide for the through transit of pedestrians along the travel corridor. All such ways shall be placed in the Town or state right-of-way directly adjacent to the property line of the project. The construction of such walkways shall be the responsibility of the developer. Once constructed, ownership of the walkways shall revert to the Town of Standish. Snow removal on such walkways shall be the responsibility of the developer or any subsequent owner of the abutting property.
[Amended 11-10-2015 by Order No. 81-15]
B.
Existing buildings which have any frontage on a collector or arterial street in the Village Center or the Business and Commercial Districts and which by change of use become a commercial, professional or business establishment shall conform to the above standards to the maximum extent feasible. Expansions of existing business, commercial or professional establishments which have any frontage on a collector or arterial street in the Village Center or the Business and Commercial Districts shall also conform to these standards to the maximum extent feasible. Any modifications of the above standards shall be approved by the Planning Board.[1]
[1]
Editor’s Note: Former Subsection C, pertaining to Form Based Code Village Districts, and which immediately followed this subsection, added 6-7-2011, as amended, was repealed 11-10-2015 by Order No. 81-15.
§ 181-23 Water recreation and water storage facilities.
Any facility for water recreation, such as private swimming pools, outdoor water storage tanks, swimming clubs, commercial fishing ponds, or any other water storage facility, such as reservoirs, fish hatcheries and sewage lagoons, excluding fire ponds, shall comply with the following requirements:
A.
The facility shall, at a minimum, conform to the setback requirements and require a permit issued by the Code Enforcement Officer.
B.
Below-ground facilities shall be enclosed by a fence no less than four feet high to prevent uncontrolled access by small children.
D.
Before a permit shall be issued to the operator or owner of the facility, a plan shall be submitted to the Planning Board showing size of facility, proposed use, parking arrangement and use of buildings on the site and surrounding properties and their usage and any other pertinent information.
E.
For private swimming pools, the Code Enforcement Officer shall issue a permit.
§ 181-24 Off-street parking and loading space requirements.
[Amended 5-9-2006 by Order No. 37-06; 6-7-2011; 8-12-2014 by Order No. 65-14; 5-13-2025 by Order No. 22-25]
A.
Off-street parking. Except as otherwise provided in Subsection A(1) below, off-street parking spaces shall be provided in accordance with the specifications in this section in any district whenever any new use is established. Off-street parking is not permitted within the required building setback, unless a variance is obtained from the Zoning Board of Appeals.
Use | Minimum Parking Spaces Required |
|---|---|
Commercial accommodations | 1 for each lodging unit |
Residential | 2 per dwelling unit |
Elderly housing | 1 per bedroom, plus 1 for every 10 dwelling units, plus 1 for every 200 square feet of nondwelling unit floor area |
Church | 1 per 3 seats in principal assembly room |
School | 1 per 3 seats in principal assembly room or 2 per classroom, whichever is greater |
Private club or lodge | 1 per 4 members |
Theater | 1 per 4 seats |
Hospital and nursing home, professional office and business services, and retail business in commercial districts | 1 for every 250 square feet of gross leasable area |
Retail business and personal service establishment | 1 for each 180 square feet of gross leasable area |
Eating and drinking establishment | 1 for every 3 seats |
Industrial | 1 for each 1.2 employees, based on the highest expected average employee occupancy |
Funeral homes | 1 for each 75 square feet of floor space in slumber rooms, parlors and individual service rooms |
Public utility, warehouse or storage facility | 1 per employee per 24-hour period and 1 per vehicle used to conduct business |
(1)
Within the Form Based Code Village Districts, off-street parking and loading space requirements are per the applicable FBCVD street frontage type standards.
B.
Off-street loading.
(1)
The following minimum off-street loading bays or loading berths shall be provided and maintained in the case of new construction, alterations and changes of use:
(a)
Office buildings and hotels with a gross floor area of more than 100,000 square feet: one bay.
(b)
Retail, wholesale and industrial operations with a gross floor area of more than 5,000 square feet:
Square Feet | Number of Bays | Square Feet | Number of Bays |
|---|---|---|---|
5,001 to 40,000 | 1 | 240,001 to 320,000 | 5 |
40,001 to 100,000 | 2 | 320,001 to 400,000 | 6 |
100,001 to 160,000 | 3 | Each 90,000 square feet over 400,000 | 1 additional |
160,001 to 240,000 | 4 |
(2)
Each loading bay shall have minimum dimensions of 50 feet by 14 feet and may be located either within a building or outside and adjoining an opening in the building. Every part of such loading bay shall be located completely off the street. In case trucks, trailers or other motor vehicles larger than the dimensions of the minimum loading bay habitually serve the building in question, additional space shall be provided so that such vehicles shall park or stand completely off the street.
(3)
The provisions of this section for off-street loading shall not be construed as prohibiting incidental curbside business deliveries, dispatches or services, provided that they are in compliance with all applicable state and local traffic regulations.
§ 181-25 Temporary structures.
Temporary structures used in conjunction with construction work shall be permitted during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six-month period and may be renewed by the Building Inspector.
§ 181-26 Height regulations.
The height limitations for all districts should be 35 feet, except for silos for the storage of feed crops and steeples and except when otherwise authorized by the Zoning Board of Appeals in cases where it is consistent with the objectives of the Comprehensive Plan, will not adversely affect surrounding areas and is in scale with its environs, this restriction shall not apply.
§ 181-27 Cluster development. [1]
[Added 5-13-2003 by Order No. 21-02]
A.
Purpose and administration.
(1)
The purpose of this section is to provide for controlled flexibility of lot sizes in residential developments in order that the number of dwelling units contemplated by the lot size and density requirements of the Zoning Ordinance may be maintained on an overall basis while preserving desirable common area, tree cover, scenic areas and natural features. This technique is permitted, if approved by the Planning Board, in any district allowing residential development, subject to the use limitations contained in the Zoning Ordinance district regulations.
B.
Intent. A cluster development shall encourage a development that will result in:
(1)
A choice in the types of environment, living units and quality of residential land use so the development will be a permanent and long-term asset to the Town;
(2)
Continuous common area and recreational areas that are accessible and functional;
(3)
A pattern or development that preserves trees, outstanding natural topography and geologic features and prevents soil erosion;
(4)
An efficient use of land resulting in smaller networks of utilities and streets;
(5)
An environment in harmony with surrounding development;
(6)
A more desirable environment than would be possible through the strict application of other sections of the Zoning Ordinance;
(7)
A subdivision design that creates lots with frontage and primary access to roads other than existing state and Town roads in an effort to preserve existing undeveloped land along roads and to provide safe access for individual lots in the proposed development;
(8)
A subdivision design that strives to surround areas utilized for individually owned lots with common area; and
(9)
Common area functioning as an adequate buffer between the clustered lots in the subdivision and abutting property.
(10)
In the Standish Corner District, cluster developments shall maintain the requirements of the Connectivity Master Plan while creating unique, strategically designed common areas that enable wildlife corridors and passive recreation greenway connections to adjacent parcels available for the use of the general public.
[Added 6-7-2011]
C.
Elements.
(1)
Proposals for residential cluster development projects shall be submitted to the Town Planning Department, which shall submit copies to the Planning Board. The material accompanying the proposal shall contain all elements described in §§ 181-80 and 181-84, as may be amended from time to time, as well as the following:
(a)
The required plan shall show all building envelopes and areas of proposed driveway entrances, at a scale sufficient to permit the study of all elements of the plan.
(b)
All utilities shall be shown and described. Underground utilities shall be required.
(c)
The plan shall show the abutting properties with building locations and other outstanding features within 200 feet or as may be required by the Planning Board.
(d)
Soil survey requirements for land not suitable for development: Any contiguous area with over 2,000 square feet of undevelopable land, including floodplains, wooded and freshwater wetlands, shall be defined with a Class "A" high-intensity soil survey. At a minimum, each soil survey shall show all hydric and floodplain soils in areas within 250 feet of wetlands boundaries, including wetlands smaller than 2,000 square feet and along all natural drainageways.
(2)
All preliminary and final plans shall bear a note that the subdivision was approved as a cluster development pursuant to § 181-27 of the Zoning Ordinance, as may be amended from time to time, and that uses on the lot are limited solely to those single-family residential uses that do not require a site plan review.
D.
Standards.
(1)
The Planning Board shall permit lot or unit area reduction within the limitations of this section upon a showing that the property to be reserved is in a location, shape, topography, size, condition and nature of growth that will preserve for the residents of such development desirable common area, tree cover, scenic areas or natural features, and that adequate provisions for such dedication have been completed.
(2)
The Planning Board shall have the authority to approve or deny any applicant's proposal for a cluster subdivision based on the Planning Board's determination as to whether or not the proposal is consistent with the purposes of allowing cluster development as stated in this section. Review under this section does not eliminate the necessity for Planning Board review and approval pursuant to the Town's Subdivision Regulations.
(3)
The minimum area per dwelling unit (square feet) in any cluster development shall conform to zoning district regulations of the Zoning Ordinance. The maximum density in a cluster development shall not exceed that of a traditional subdivision, except as provided in Subsection D(6)(a)[1] and D(6)(c) below.
[Amended 6-7-2011]
(4)
Provisions related to minimum lot width and setback size.
[Amended 10-14-2003 by Order No. 138-03; 6-7-2011]
(a)
In all zoning districts permitting residential development other than the Standish Corner District, notwithstanding other provisions of the Zoning Ordinance relating to minimum lot width or setback size, the Planning Board, in reviewing and approving proposed cluster developments located in the Town of Standish, may modify said provisions related to minimum lot width and setback size to permit innovative approaches to housing and environmental design in accordance with the following standards. This shall not be construed as granting variances to relieve hardship. The Planning Board may reduce:
(b)
Within the Standish Corner District, setback size shall be met per the applicable SCD street frontage type.
(5)
Provisions related to minimum lot size.
[Amended 6-7-2011]
(a)
In all zoning districts permitting residential development other than the Standish Corner District, the Planning Board, in reviewing and approving proposed residential subdivisions under this section, may approve a reduction in the area requirements to allow a maximum of one lot per fully developable 40,000 square feet if the project meets the standards contained in this section. The remainder of the required acreage per lot for that zone will be kept as common area to be used for green space or buffers between the subdivision and abutting subdivisions or rights-of-way. A minimum one-hundred-foot common area shall separate proposed building lots and existing roads.
(b)
Within the Standish Corner District, the Planning Board, in reviewing and approving proposed residential subdivisions under this section, may approve a reduction in the area requirements to allow a maximum of one lot per fully developable 20,000 square feet if the project meets the standards contained in this section. The remainder of the required acreage per lot for that zone will be kept as common area to be used for green space or buffers between the subdivision and abutting subdivisions or rights-of-way and as green space providing connectivity to green space in adjacent subdivisions.
(6)
Calculation of the maximum number of lots/units. A developer shall be allowed to reduce the lot area requirement in any residential development in accordance with the following procedures:
[Amended 6-7-2011]
(a)
In all zoning districts permitting residential development other than the Standish Corner District, the maximum number of lots or units to be permitted within any cluster residential development shall be determined by reducing the total area of the proposed development by 15%, for street rights-of-way, and by those areas deemed “land not suitable for development” as defined in § 181-92 of the Town’s Subdivision Regulations, as may be amended from time to time. Unsuitable land includes such areas as rock outcrops, nonreclaimed gravel pits, wooded and freshwater wetlands, or due to configuration steepness of slope, subsurface conditions or other existing natural impediments. The remaining area shall be divided by the minimum lot area or maximum number of lots/units permitted. Any land area not considered a part of the 15% for street rights-of-way, “land not suitable for development” as defined in § 181-92 of the Town’s Subdivision Regulations or part of a lot/unit shall be considered net residential acreage reserved as common area except that the net residential acreage reserved as common area may then be reduced pursuant to Subsection D(6)(a)[1] below.
[1]
Bonus for water main extensions: When a water main is extended into a development to serve the entire development, the developer will receive a bonus of one lot/unit above that number determined from Subsection D(6)(a) above for each seven acres of net residential area reserved as common area, as determined from Subsection D(6)(a) above, as follows:
Net Residential Acreage Reserved As Common Area | Bonus Increase Over Maximum Number of Permitted Lots/Units |
|---|---|
7 | 1 |
14 | 2 |
21 | 3 |
28 | 4 |
35 | 5 |
(b)
Lots within the Standish Corner District.
[1]
In calculation of the maximum number of lots within the Standish Corner District, the maximum number of lots or units to be permitted within any cluster residential development shall be determined by reducing the total area of the proposed development by:
[a]
Fifteen percent, for street rights-of-way.
[b]
Those areas deemed “land not suitable for development” as defined in § 181-92 of the Town’s Subdivision Regulations, as may be amended from time to time. Unsuitable land includes such areas as rock outcrops, nonreclaimed gravel pits, wooded and freshwater wetlands, or due to configuration steepness of slope, subsurface conditions or other existing natural impediments.
[c]
Wooded and freshwater wetlands mentioned above, including all areas with very poorly drained soils, as measured from a high-intensity soils map prepared by a certified soil scientist in accordance with the National Cooperative Soil Survey Classification.
[d]
For sites not served by public sewer and water, 50% of the areas with poorly drained soils, and 25% of the areas with soils with multiple drainage classifications, one of which is poorly drained (i.e., poorly drained to somewhat poorly drained), as measured from a high-intensity soils map prepared by a certified soil scientist in accordance with the National Cooperative Soil Survey Classification. This deduction is to account for the marginal development suitability of these soils if public sewer and water are not available.
[e]
Other areas that the Planning Board determines could not, in their natural state, be incorporated into conventional subdivision lots of the minimum required area. No building or structure shall be sited in areas treated as 100% deductions from the parcel’s gross area. Siting of structures in areas treated as 50% deductions shall be discouraged but permitted where the applicant/developer demonstrates that measures shall be taken to minimize erosion, sedimentation, and seasonal wetness, that these areas are stable for the siting of structures and that proposed subsurface waste disposal systems are sited away from marginal soils and otherwise meet the State of Maine Subsurface Waste Disposal Rules.
[2]
The remaining area shall be divided by 30,000 square feet per lot to determine the maximum number of lots permitted.
[3]
Any land area not considered a part of the developable area reduction mentioned above or part of a residential lot shall be considered net residential acreage reserved as common area except that the net residential acreage reserved as common area may then be reduced pursuant Subsection D(6)(c) below.
(c)
Bonus for contiguous common area under conservation easement in Standish Corner District: Cluster developments within the Standish Corner District with common areas designed to be contiguous with adjacent land under conservation easement or otherwise protected from development receive a bonus increase over maximum permitted lots/units of 5%.[2]
[2]
Editor's Note: Former Subsection D(7) which immediately followed this subsection, was repealed 6-6-2023 by Order No. 26-23, as amended.
E.
Common area.
(1)
In Rural and Rural Residential Zones, a minimum common area size of two times the cumulative area of all residential lots is required. In all other zones, a minimum common area size of 0.33 times the cumulative area of all residential lots is required. These percentages may be reduced by the use of the bonus for water main extensions as described in Subsection D(6)(b).
(2)
At least 50% of the common area shall be maintained in a wooded or natural condition. Common area shall be accessible to all lot owners.
(3)
All of the common area is to be reserved for use by residents.
(4)
Homeowners' association formation shall include covenants for mandatory membership in the association setting forth the owner's rights, interest/privileges in the association and common land as well as maintenance responsibilities. Homeowners' association documents shall be reviewed by the Town Attorney for legal sufficiency and approved by the Planning Board as part of final plan review and approval.
(5)
Final incorporation by the developer of a homeowners' association shall be required prior to issuance of any building permits; the developer shall provide the Code Enforcement Officer proof of filing of the homeowners' association's articles of incorporation with the Secretary of State's Office prior to the issuance of any building permits.
(6)
Common area shall be shown on final subdivision plan with the notation that it shall not be further subdivided for any other use.
(7)
Common area shall not be used for commercial purposes or for private clubs where membership is different from homeowners.
(8)
Common area shall be deed restricted from further residential development or commercial use and then deeded to a compulsory homeowners' association, to be composed of all property owners in such development, unless the Planning Board approves an alternative form of ownership and control of the common area.
(9)
Maintenance responsibilities may include selective harvesting using forestry best-management practices.
(10)
In the Standish Corner District, common areas shall be accessible to the general public. Adequate accommodations for public parking are required.
[Added 6-7-2011]
[1]
Editor's Note: Former § 181-27, Cluster development, as amended, was repealed 1-12-1999 by Order No. 174-98.
§ 181-27.1 Conservation development.
[Added 1-8-2013 by Order No. 119-12; amended 8-12-2014 by Order No. 65-14]
A.
Purpose and administration.
(1)
The purpose of this section is provide for controlled flexibility of lot sizes in residential developments in order that the number of dwelling units contemplated by the lot size and density requirements of the Zoning Ordinance may be generally maintained while preserving productive farming and forestry uses; maintaining ecological productivity; preserving a sense of rural character and open space; harmonizing new residential development with traditional working land, agricultural fields, woodlots, rural and village landscapes; reducing or avoiding development impacts on sensitive high-value habitat and natural resources identified in the Town of Standish Comprehensive Plan; and creating opportunities for new recreational land to be available. This technique is permitted, if approved by the Planning Board, in the Rural (RU), Rural Residential (RR), Residential (R), Village Center (VC) and Form Based Code Village Districts (FBCVD) Zoning Districts, subject to the use limitations contained in the Zoning Ordinance district regulations and subject to the Planning Board making a positive finding that the conservation subdivision will achieve one or more of the following purposes:
(a)
Long-term protection and conservation of existing natural and other resources and landscapes as may be identified on the Town of Standish Cultural and Historic Resources, Habitat Analysis, Natural Resources, Scenic and Recreational Resources or Water Resources Maps prepared by Bill Duffy of Northern Geomantics of varying dates in 2008 to 2009 or in the Comprehensive Plan, including, but not limited to:
[1]
State-defined critical areas, and unique natural features located on the parcel to be subdivided;
[2]
Historic land use patterns and historic structures;
[3]
Points of visual access to or from water bodies, scenic vistas, and points of access to water bodies;
[4]
Contiguous stands of mature trees; or
[5]
Other significant open space areas.
(b)
Preservation of sustainable jobs and traditional rural land uses such as farming and forestry.
(c)
Provision of adequate buffers from exiting Town roads and adjoining properties where needed.
(d)
Contribution to Town-wide open space planning by creating a system of permanently preserved open spaces, both within large parcels of land and among such parcels throughout the Town, and by encouraging the creation of linkages between open space areas.
(e)
Conservation of land suitable or actively used for agriculture and forestry uses, particularly where the conservation subdivision borders active agricultural or forestry land or land suitable for the same.
(f)
Maintenance or establishment of compatibility with surrounding land uses and the overall rural character of the Town.
(g)
Creation of choices in the type of uses and type of housing available that will be a long-term asset to the Town of Standish, including home-based businesses as may be allowed by this Part 1.
(h)
Provision for recreation facilities, including active and passive recreational space, in the most suitable locations.
(2)
A preapplication conference shall be required as set forth in § 181-77E, as may be amended from time to time.
(4)
For purposes of this section, the tract or parcel of land involved must be either in single ownership or the subject of an application filed jointly by the owners of all of the property involved.
B.
Maximum density and open space.
(1)
Number of allowable units. The maximum number of residential units allowed shall be calculated by the following formula:
Total Dwelling Units (TU) Allowed = Total Parcel (TP) minus 5% for street right-of-way reduction minus Unbuildable Area (UA) divided by Minimum Lot Size (MLS) | ||
TU = [(TP x 0.95) - UA]/MLS | ||
TU | = | Total Units Allowed (dwelling units) |
TP | = | Total Parcel (acres) |
UA | = | Unbuildable Area (acres) |
MLS | = | Minimum Lot Size (acres) |
Note: When the cumulative total of all road rights-of-way of any proposed subdivision exceeds 5% of the total parcel area within the subdivision, then the above calculations shall be modified to reduce the total parcel area by the actual percentage of proposed road right-of-way. |
Note: When the total units allowed contains a fractional unit, then the total units may be rounded to nearest whole number, e.g., 3.55 units may be rounded up to four units. |
(2)
Density bonus. The Planning Board shall grant a density bonus to a developer who proposes one or more of the following as a component of the conservation subdivision, in accordance with the following criteria:
(a)
Public access to usable open space provided by the developer acceptable to the Town, such as, but not limited to, public access trails, recreation areas or water bodies, or dedication of land to the Town to meet a public purpose. This provision shall not be met by offerings or dedication of land for roads, utilities and similar facilities serving the development. This bonus shall also require the construction of a multi-use trail system that may include biking, jogging, walking, snowmobiling, ATV and cross-country skiing uses, within a thirty-foot-wide easement that connects to all property abutters. This public trail access easement shall be held by a public entity acceptable to the Planning Board. The density bonus for this component is a ten-percent increase in the total units allowed.
(b)
Preservation of environmental qualities by maintaining a minimum one-hundred-foot-wide vegetative buffer between development and first-order streams, wetlands, wildlife habitat corridors and vernal pools. The density bonus for this component is a ten-percent increase in the total units allowed.
(c)
Preservation of rural character by creating a total conservation area greater than 65% of the development's entire parcel land area, imposing a permanent conservation easement on said total conservation area or permanently dedicating said total conservation area as open space. Any such designated open space shall contain: farm fields, historic buildings or sites, roadside vistas, and preserve other resources depicted on the Town of Standish Cultural and Historic Resources, Habitat Analysis, Natural Resources, Scenic and Recreational Resources or Water Resources Maps prepared by Bill Duffy of Northern Geomantics of varying dates in 2008 to 2009. The density bonus for this component is a ten-percent increase in the total units allowed.
(d)
Extension of public water supply infrastructure to all building lots to be developed within the proposed subdivision. The density bonus for this component is a ten-percent increase in the total units allowed.
C.
Open space.
(1)
Open space set aside. The minimum amount of designated open space that shall be set aside shall be determined by the following formula:
Minimum Open Space Set Aside = Total Parcel minus Primary Conservation Areas multiplied by Open Space Percentage then added to Primary Conservation Areas | ||
TO = ((TP - PC) x OSP) + PC | ||
TO | = | Minimum Total Open Space Set Aside (acres) |
TP | = | Total Parcel (acres) |
PC | = | Primary Conservation Areas (acres) |
OSP | = | Open Space Percentage (% of Buildable Area) |
(2)
The designated open space shall include at least 60% of the buildable area for projects in the Rural (RU) and Rural Residential (RR) Districts, at least 35% of the buildable area for projects in the Sebago Lake Village District, and at least 10% of the buildable area for projects in the Residential (R), Village Center (VC) and Standish Corner (SCD) Districts. Any land not suitable for development that is included within the designated open space shall not be counted toward this 60% or 10% requirement.
(3)
Open space areas shall be contiguous, where possible, to allow linking of open space areas throughout the Town.
(4)
The Planning Board may limit the use of any open space at the time of final plan approval where the Planning Board deems it necessary to protect adjacent properties or uses, or to protect sensitive natural features or resources. A proposed change in use of designated open space, other than that specified at the time of plan approval, shall be reviewed by the Planning Board as an amendment to the approved plan.
(5)
Structures and buildings accessory to agriculture, recreation or conservation uses may be erected in designated open space, subject to prior Planning Board approval of these provisions for conservation developments.
D.
Design standards.
(1)
The following design objectives for location of lots and designated open space shall be achieved to the greatest extent feasible in the following prioritized order:
(a)
Within the Rural (RU) and Rural Residential (RR) Districts:
[1]
Primary conservation areas in designated open space.
[2]
Lots on or with access to suitable soils for subsurface wastewater disposal if no public sewer system.
[3]
Lots within woodlands or, if that is not possible, along far edges of open fields preferably adjacent to woodlands (to enable new construction to be absorbed by natural landscape features).
[4]
Lots where scenic views from public roadways, as may be identified on the Town of Standish Scenic and Recreational Resources Map prepared by Bill Duffy of Northern Geomantics and dated November 25, 2008, are least likely to be interrupted and, where appropriate, the creation of agricultural fields to clear vistas from public roads.
[5]
Essential habitats of rare, threatened or endangered wildlife and rare or exemplary plants and natural communities, as may be identified on the Town of Standish Habitat Analysis Map or Natural Resources Map prepared by Bill Duffy of Northern Geomantics and dated November 25, 2008, and May 20, 2009, respectively, in designated open space.
[6]
Stream corridors and wildlife travel corridors with respective vegetative buffers of 100 feet and 300 feet width in designated open space.
[7]
Preservation of cultural features of the rural landscape, including significant trees, stone walls, tree lines, and, when feasible, historic farmhouses and outbuildings. Significant trees, tree lines, stone walls and important natural features not included within designated open space should be incorporated along the edges of individual lots or along a path or road, rather than transected by lot lines or a roadway.
[8]
High-value plant and animal habitat areas, as may be identified on the Town of Standish Habitat Analysis Map or Natural Resources Map prepared by Bill Duffy of Northern Geomantics and dated November 25, 2008, and May 20, 2009, respectively, in designated open space.
[9]
Contiguous, usable area for agriculture or sustainable wood lot production in designated open space.
[10]
Lots where linkage with nearby open space on other properties is not blocked, and, when possible, where continuous corridors of natural vegetation are protected in alignment with any adopted local or regional open space plan.
[11]
Lots avoid slopes exceeding 20% and tops of ridgelines.
[12]
Lots avoid natural drainageways.
[13]
Prime farmland soils and agricultural soils of state-wide importance as defined by USDA in designated open space.
[14]
Lots where the greatest number of units could take maximum advantage of solar heating opportunities, provided there is no or minimal conflict with other objectives.
(b)
Within the Residential (R), Village Center (VC) and Standish Corner (SCD) Districts:
[1]
Primary conservation areas in designated open space.
[2]
Preservation of cultural features of the village landscape, including stone walls, tree lines, and, when feasible, historic items/structures of historic interest/importance as may be identified on the Town of Standish Cultural and Historic Resources Map prepared by Bill Duffy of Northern Geomantics and dated November 25, 2008.
[3]
Lots where linkage with nearby open space on other properties is not blocked, and when possible, where continuous corridors of natural vegetation are protected in alignment with any adopted local or regional open space plan.
[4]
Lots within woodlands contained in the parcel or, if that is not possible, along far edges of open fields preferably adjacent to woodlands (to enable new construction to be absorbed by natural landscape features).
[5]
Lots where scenic views from public roads, as may be identified on the Town of Standish Scenic and Recreational Resources Map prepared by Bill Duffy of Northern Geomantics and dated November 25, 2008, are least likely to be blocked or interrupted.
[6]
Lots where buildings will not interfere with solar access of other properties.
[7]
Lots where greatest number of units could be designed to take maximum advantage of solar heating opportunities.
(c)
Within the Sebago Lake Village District:
[1]
Primary conservation areas in designated open space.
[2]
Stream corridors and wildlife travel corridors with respective vegetative buffers of 50 feet and 150 feet width in designated open space.
[3]
Lots avoid natural drainageways.
[4]
Lots and roads located on the portion of the parcel that is not within the watershed of Sebago Lake where feasible.
[5]
Lots on or with access to suitable soils for subsurface wastewater disposal if no public sewer system.
[6]
Preservation of cultural features of the village landscape, including stone walls, tree lines, and, when feasible, historic items/structures of historic interest/importance as may be identified on the Town of Standish Cultural and Historic Resources Map prepared by Bill Duffy of Northern Geomantics and dated November 25, 2008.
[7]
Lots where linkage with nearby open space on other properties is not blocked, and when possible, where continuous corridors of natural vegetation are protected in alignment with any adopted local or regional open space plan.
[8]
Lots within woodlands contained in the parcel or, if that is not possible, along far edges of open fields preferably adjacent to woodlands (to enable new construction to be absorbed by natural landscape features).
[9]
Lots where scenic views from public roads, as may be identified on the Town of Standish Scenic and Recreational Resources Map prepared by Bill Duffy of Northern Geomantics and dated November 25, 2008, are least likely to be blocked or interrupted.
[10]
Lots where buildings will not interfere with solar access of other properties.
[11]
Lots where the greatest number of units could be designed to take maximum advantage of solar heating opportunities.
(2)
The following design objectives for the location of buildings on lots to be developed in a conservation development shall be achieved to the greatest extent feasible in the following prioritized order:
(a)
On buildable land.
(b)
In locations that protect cultural/historic sites, structures of historic importance, habitat/high-value habitat and other resources as may be identified on the Town of Standish Cultural and Historic Resources, Habitat Analysis, Natural Resources, Scenic and Recreational Resources or Water Resources Maps prepared by Bill Duffy of Northern Geomantics of varying dates in 2008 to 2009 or in the Comprehensive Plan.
(c)
When protecting agricultural areas; in the least suitable agricultural soils and in a manner that maximizes the usable area remaining for the designated open space use where agricultural, forestry, or recreational, existing or future uses are particularly sought to be preserved.
(d)
In locations least likely to block or interrupt scenic, historic, and traditional land use views, as seen from public roadways and great ponds.
(e)
Within woodlands, or along the edges of open agricultural fields adjacent to any woodland to reduce encroachment upon agricultural soils, to provide shade in the summer, and shelter as well as solar gain in the winter, and to enable new residential development to be visually absorbed by natural landscape features.
(f)
In such manner that the boundaries between residential or business lots and active agricultural or forestry land are well buffered by vegetation, topography, roads, or other barriers to minimize potential conflict between residential or business and agricultural or forestry uses.
(g)
In locations where buildings may be oriented with respect to scenic vistas, natural landscape features, topography, and natural drainage areas, in accordance with an overall plan for site development.
(h)
In locations that provide compatibility in terms of physical size, visual impact, intensity of use, proximity to other structures, and density of development with other permitted uses within the land use district.
(i)
So that individual lots, buildings, street and parking areas shall be designed and situated to minimize alterations of the natural site, to avoid the adverse effects of shadows, noise and traffic on the residents of the site, to conserve energy and natural resources, and to relate to surrounding properties, to improve the view from and of buildings.
(3)
Developers are encouraged to use new construction that is architecturally compatible with items/structures of historical interest in the community or region, such as those cultural and historic features as may be identified on the Town of Standish Cultural and Historic Resources Map prepared by Bill Duffy of Northern Geomantics and dated November 25, 2008.
E.
Other standards.
(1)
Minimum lot size. Notwithstanding any other provision of this Part 1 relating to minimum lot size, the Planning Board, in reviewing and approving proposed conservation developments, may modify said provisions related to minimum lot size to permit innovative approaches to housing and environmental design; provided, however, that lots located within the Shoreland Zone shall comply with the minimum lot size requirements of the Shoreland Zoning Ordinance,[1] as applicable, and lots located outside the Shoreland Zone shall not have their minimum lot size reduced to less than 20,000 square feet. This subsection shall not be construed as granting variances to relieve hardship or practical difficulties.
(2)
Frontage.
(a)
Street frontage. Notwithstanding any other provision of this Part 1 relating to minimum frontage, the Planning Board, in reviewing and approving proposed conservation developments, may modify said provisions related to minimum frontage to permit innovative approaches to housing and environmental design; provided, however, that the minimum frontage shall not be reduced to less than 50 feet and there must be adequate access and turnaround to and from all lots by fire trucks, ambulances, police cars and other emergency vehicles. This subsection shall not be construed as granting variances to relieve hardship or practical difficulties.
(3)
Minimum setbacks.
(a)
Notwithstanding any other provision of this Part 1 relating to minimum setbacks, the Planning Board, in reviewing and approving proposed conservation developments, may modify said provisions related to minimum setbacks to permit innovative approaches to housing and environmental design; provided, however, that the Planning Board shall not reduce the minimum side and rear setback requirement to less than 10 feet and shall not reduce the minimum front setback requirement to less than 20 feet. This subsection shall not be construed as granting variances to relieve hardship or practical difficulties.
(4)
Lot width. Notwithstanding any other provision of this Part 1 relating to minimum lot width, the Planning Board, in reviewing and approving proposed conservation developments, may modify said provisions related to minimum lot width to permit innovative approaches to housing and environmental design; provided, however, that the Planning Board shall not reduce the minimum lot width requirement to less than 50 feet. This subsection shall not be construed as granting variances to relieve hardship or practical difficulties.
F.
Open space ownership, use and maintenance.
(1)
Ownership. The open space shall be owned, preserved and maintained as required by this subsection by any of the following mechanisms or combinations thereof:
(a)
Dedication of open space to the Town of Standish or a suitable land trust, if either is willing to accept the dedication. Evidence that either the Town or a suitable land trust is willing to accept the dedication must be provided to the Planning Board prior to final plan approval.
(b)
Dedication of development rights of open space to a suitable land trust with ownership by a private individual or homeowners' association.
(c)
Ownership of the open space by a homeowners' association that assumes full responsibility for its maintenance with open space protection deed restrictions enforceable by any landowner in the subdivision, any owner of separate land parcels abutting the open space, or the Town.
(d)
Ownership by a private individual with open space protection deed restrictions enforceable by any landowner within the subdivision, any owner of separate land parcels abutting the open space, or the Town. This option may apply only if open space is part of an existing farm, working or not, if there is a future intent to farm by the owner and no land trust is willing to accept dedication of development rights of the open space.
A draft perpetual conservation easement, deed of conveyance or declaration of covenants and restrictions, permanently restricting development of the designated open space, must be included in the conservation development application. Any such dedication or conveyance shall be reviewed by the Town Attorney for legal sufficiency at the applicant's expense. |
The deed or other appropriate legal instrument restricting development of the designated open space shall be recorded in the Cumberland County Registry of Deeds prior to or simultaneously with the filing of the conservation subdivision development final plan in said registry. |
(2)
Use. The use of the designated open space within the subdivision shall be limited to uses for passive recreation, or other passive outdoor activities, agriculture, forest management or individual or group septic systems, and for preserving the natural features of the site except concerning open space contiguity as provided in Subsection C(3) above. Potential uses (e.g., farming) may be by the subdivider, owners, residents or a lessee. The designated open space shall be accessible to the owners or residents of the development, subject to any necessary limitations in connection with the uses of the land (e.g., farming) that may be permitted. The use of any open space may be further limited or controlled at the time of final subdivision approval as necessary to protect adjacent properties.
(3)
Management plan. The designated open space shall be managed according to a management plan for the designated open space and facilities approved by the Planning Board, which includes, at a minimum, the following:
(a)
Identifies the entity assuming responsibility for stewardship and management of the designated open space, including regular inspections to confirm continued compliance with the terms of the subdivision approval and conservation easement or deed restrictions.
(b)
Includes detailed standards and schedules for maintenance of the designated open space, including maintenance of vegetation.
(c)
Allows for third-party maintenance in the event that the maintenance specified under the agreement is not completed and recovery of costs incurred from the designated management entity or the owners of the designated open space within the subdivision.
(d)
Provides that any amendments to the plan shall be reviewed and approved by the Planning Board.
(e)
Prior to the commencement of any timber harvesting, a forest management plan as defined by 36 M.R.S.A. § 573(3-A), as may be amended from time to time, shall be submitted to the Planning Board. The plan must be prepared by a licensed professional forester or a landowner and be reviewed and certified by a professional forester.
(4)
Homeowners' association. If a homeowners' association is to own the designated open space, it shall be incorporated by the developer prior to final subdivision approval. Covenants for mandatory membership in the association shall be approved by the Planning Board and included in the deed for each lot or unit. Draft bylaws of the proposed homeowners' association specifying the responsibilities and authority of the association, the operating procedures of the association and providing for proper capitalization of the association to cover the costs of major repairs, maintenance and replacement of common facilities shall also be subject to Planning Board approval. In addition, homeowners' association documents and draft deeds shall be reviewed by the Town Attorney for legal sufficiency at the applicant's expense. The association's documents shall specify that:
(a)
The association shall have the responsibility of maintaining the designated open space and other private facilities dedicated to the use in common by the development's resident.
(b)
The association shall levy annual charges against all property owners to defray the expenses, if any, connected with maintenance and replacement of the common open spaces and facilities.
(c)
The association shall have the power to place a lien on the property of members who fail to pay dues or assessments.
(d)
The developer shall maintain control of designated open spaces and facilities and be responsible for their maintenance until at least 51% of the development lots or units have been conveyed, with evidence of such completion and sales submitted to and approved by the Planning Board.
G.
Plan notations/requirements.
(1)
The preliminary and final subdivision plan shall show total number of allowable lot calculations, any density bonus calculations, and open space set-aside calculations.
(2)
The final plan shall bear the following notation: "This subdivision was approved as a conservation subdivision development pursuant to § 181-27.1 of the Zoning Ordinance, as may be amended from time to time. Uses on the lots are limited solely to residential uses, excepting that home occupations as approved by the Planning Board may be permitted. Any lot to be improved with a dwelling unit shall be deed restricted from further subdivision."
[Amended 6-6-2023 by Order No. 26-23]
(3)
The designated open space shall be shown on the final plan with the following notation: "Designated open space shall not be further subdivided or used for future building lots."
(4)
The following areas shall be shown on the final plan: boundaries of designated open space areas; active recreation areas, if any; agricultural areas; and naturally, undisturbed vegetated areas. If public access is to be allowed, those areas are to be clearly marked in the field with signage approved by the Planning Board so as to distinguish between public access areas and non-public-access areas.
(5)
The designated open space shall be labeled on the final plan as to its use or uses with respect to the portions of the open space to which such use or uses apply, ownership, management, method of preservation, and the rights, if any, of the owners in the subdivision to such land or portions thereof. The final plan shall clearly show that the open space land is permanently reserved for open space purposes, indicating if possible the Registry of Deeds recording citation of any conservation easement or deed restrictions required to be recorded to implement such reservations or restrictions.
§ 181-28 Elderly housing.
[Added 5-9-2006 by Order No. 37-06]
A.
Purpose; administration.
(1)
The purpose of this section is to provide for elderly housing developments with dwelling units that are intended for, and occupied by, at least one person aged 55 years of age or older. Disabled persons shall be deemed to meet the elderly housing age requirements of this section and may occupy dwelling units within such elderly housing developments notwithstanding that they are not age 55 or older.
(2)
Plan review for elderly housing developments shall be the same as found in the Town's site plan and subdivision regulations, as may be amended from time to time. Elderly housing developments are permitted in the Village Center District, Form Based Code Village Districts, and Residential District.
[Amended 9-10-2024 by Order No. 83-24]
(3)
Within the Standish Corner District, the Town Residential SCD street frontage type standards for the front required build-to-line, block length and SCD streetscape standards shall inform the layout of buildings and SCD streetscape elements in the design of elderly housing developments.
[Added 6-7-2011; amended 8-12-2014 by Order No. 65-14]
B.
Elements.
(1)
The applicant shall submit a formal application for review and approval of the project to the Planning Board in accordance with the requirements of the Town's site plan and subdivision regulations, as may be amended from time to time.
(2)
The material accompanying the proposal shall contain all elements required by the Town's site plan and subdivision regulations, as may be amended from time to time, as well as the following:
(3)
The plan shall be labeled "Subdivision and Site Plan for Elderly Housing" and shall provide both a block for recording at the registry of deeds and an approval block for the signatures of a legal majority of the Planning Board.
(4)
For those developments that wish to take advantage of this § 181-28, proposals shall be accompanied by a written deed covenant that restricts occupancy to persons aged 55 years of age or older, and a note to this effect shall appear on the face of the plan to be recorded for the development.
[Amended 10-13-2009 by Order No. 104-09]
C.
Standards. Notwithstanding any other provision of Chapter 181 to the contrary:
(1)
The elderly housing development shall have no fewer than 12 units.
[Amended 9-10-2024 by Order No. 83-24]
(2)
Each dwelling unit shall consist of a bedroom, full bathroom, kitchen and sitting area, as a minimum, and shall have no more than two bedrooms.
(3)
Each building shall be no more than two stories in height for new construction.
(4)
Each development shall contain a community meeting area to be used by the residents of the development.
(5)
Each development shall contain on-site laundry facilities.
(6)
The dwelling units shall be clustered to reduce impacts to the land. No more than 50% of dwelling units may be detached single-family buildings. Total units in the development shall be in conformance with the following calculations of density:
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14; 9-10-2024 by Order No. 83-24
(a)
Village Center Zone and Form Based Code Village Districts: 10,000 square feet of net residential acreage is required per one-bedroom dwelling unit, and 16,000 square feet of net residential acreage is required per two-bedroom dwelling unit.
(b)
Residential zone: 20,000 square feet of net residential acreage will be required per dwelling unit.
(c)
Bonus for public water: One dwelling unit may be added to the development for every three acres of net residential acreage if public water is used.
(d)
For the purposes of this section, the area required for streets or access in the determination of net residential acreage shall be defined as 5% of the gross area or the actual impervious area of the parking areas and accessways, whichever is greater. Net residential area calculations shall be shown on the final plan.
(7)
Each development shall conform to the following vegetated buffer requirements to provide screening:
[Amended 9-10-2024 by Order No. 83-24]
(a)
Developments in the Village Center and Form Based Code Village Districts shall retain or create a twenty-five-foot continuous vegetative buffer to the front, sides, and rear of the improved areas of the development.
(b)
Developments in the Residential Zone shall retain or create a 100-foot continuous vegetative buffer to the front, sides and rear of the improved areas of the development.
(8)
Underground utilities shall be required for new construction.
§ 181-28.1 Village housing.
[Added 6-7-2011; amended 8-12-2014 by Order No. 65-14]
A.
Purpose; administration.
(1)
The purpose of this section is to provide an additional density of residential housing units within the Form Based Code Village Districts and to provide for a village-scaled development pattern (village housing) with no restrictions on age. Village housing developments are only allowed in Form Based Code Village Districts.
(2)
Plan review for village housing developments shall be the same as found in the Town's Site Plan and Subdivision Regulations, as may be amended from time to time.
B.
Elements.
(1)
The applicant shall submit a formal application for review and approval of the project to the Planning Board in accordance with the requirements of the Town's site plan and subdivision regulations, as may be amended from time to time.
(2)
The material accompanying the proposal shall contain all elements required by the Town's Site Plan and Subdivision Regulations, as may be amended from time to time, as well as the following:
(3)
The plan shall be labeled "Subdivision and Site Plan for Village Housing" and shall provide both a block for recording at the Cumberland County Registry of Deeds and an approval block for the signatures of a legal majority of the Planning Board.
(4)
The applicable street frontage type standards for the front required build-to-line, block length and FBCVD streetscape standards shall inform the layout of buildings and FBCVD streetscape elements in the design of village housing developments.
C.
Standards. Notwithstanding any other provision of Chapter 181 to the contrary:
(1)
Each building in the village housing development shall contain no fewer than four dwelling units and no more than 48 dwelling units.
(2)
Each dwelling unit shall consist of a bedroom, full bathroom, kitchen and sitting area, as a minimum, and shall have no more than two bedrooms.
(3)
Each building shall be no more than two stories in height for new construction.
(4)
Each development shall contain a community meeting area to be used by the residents of the development.
(5)
Each development shall contain on-site laundry facilities.
(6)
The dwelling units shall be clustered in buildings of no less than four units per structure and be in conformance with the following calculation of density:
(a)
Ten thousand square feet of net residential acreage is required per one-bedroom dwelling unit, and 16,000 square feet of net residential acreage is required per two-bedroom dwelling unit.
(b)
For the purposes of this section, the area required for streets or access in the determination of net residential acreage shall be defined as 5% of the gross area or the actual impervious area of the parking areas and access ways, whichever is greater. Net residential area calculations shall be shown on the final plan.
(7)
Each development shall conform to the following vegetated buffer requirements to provide screening:
[Amended 9-10-2024 by Order No. 83-24]
(a)
Developments shall retain or create a twenty-foot continuous vegetative buffer to the front, each side, and rear of the improved areas of the development.
(8)
Underground utilities shall be required for new construction.
§ 181-28.2 Affordable housing developments.
[Added 6-6-2023 by Order No. 25-23]
A.
Administration.
(1)
Affordable housing developments shall require site plan and subdivision review and approval.
B.
Allowed density.
(1)
Outside of the FBCVDs, affordable housing developments may have 2.5 times the density allowed by the base zoning for the district, provided that it must comply with minimum lot size requirements established by 12 M.R.S.A. § 423-A, as applicable, and that a majority of the units in the development must be designated as affordable.
D.
Long-term affordability. Prior to the issuance of an occupancy permit the owner of the affordable housing development shall provide the Town evidence that they have executed a restrictive covenant. recorded in the appropriate registry of deeds, for the benefit of and enforceable by a party acceptable to the Town, to ensure that for at least 30 years after completion of construction:
(1)
For rental housing, occupancy of all of the units designated affordable in the development will remain limited to households at or below 80% of the local area median income at the time of initial occupancy; and
(2)
For owned housing, occupancy of all of 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.
E.
Proof of water and wastewater. Prior to the issuance of an occupancy permit, the owner of an affordable housing development shall provide written verification that each unit is served by adequate water and wastewater services. This verification must include:
(1)
If a housing unit is connected to a public, special district or other comparable sewer system, proof of adequate service to support any additional flow created by the unit and proof of payment for the connection to the sewer system;
(2)
If a housing unit is connected to a septic system, proof of adequate sewage disposal for subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector under 30-A M.R.S.A. § 4221. Plans for subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with subsurface wastewater disposal rules adopted under 22 M.R.S.A. § 42;
(3)
If a housing unit is connected to a public, special district or other centrally managed water system, proof of adequate service to support any additional flow created by the unit, proof of payment for the connection and the volume and supply of water required for the unit; and
(4)
If a housing unit is connected to a well, proof of access to potable water. Any tests of an existing well or proposed well must indicate that the water supply is potable and acceptable for domestic use.
§ 181-28.3 Growth area residential uses.
[Added 6-6-2023 by Order No. 26-23]
A.
Up to four units allowed: "Dwelling unit, three or four family" as herein defined shall be considered a permitted use on any property located in a growth area as designated by the Town's Comprehensive Plan and which is zoned to allow residential uses. If "dwelling, three or four family" is not listed as an allowed use in the base zone, it will be considered a use requiring Planning Board approval, and shall require Planning Board approval in accordance with Part 2 of this chapter.
B.
Standards: Three or four unit dwellings shall be held to all standards of the base zone including lot area per dwelling unit.
§ 181-29 Buffer areas to other districts.
No building shall be erected or any use permitted in nonresidential districts which abut residential districts unless the following side and rear yard requirements are satisfied:
A.
All such side and rear yards abutting residential districts shall maintain the district boundary in its natural state to provide a visual screen between districts of at least 50 feet.
B.
Where no natural buffering can be maintained, all such side and rear yards abutting residential districts shall be landscaped to provide a visual screen between districts. Because of varying site conditions, landscaping for the purpose of this section may include tree plantings, hedges, fencing, walling and combinations thereof.
§ 181-30 Campsite size.
Campsite size shall conform to the standards for campgrounds under Chapter 237, Shoreland Zoning.
§ 181-31 Alternate soils test pit.
Any lot that has its first soils test read as a medium-large sewage disposal system or larger shall have an alternate soils test pit. The second soils test pit shall be located a minimum of 120 feet from the first soils test pit. This provision shall not apply to lots of record or lots in subdivisions approved prior to the effective date of the Standish Zoning Ordinance.
§ 181-32 Range ways.
[Amended 6-7-2005 by Order No. 33-05]
Notwithstanding any other provision of this Land Use Code to the contrary, range ways from the Town's 18th Century Proprietors' Meetings regarding the original lots shall be governed as follows:
A.
The Town maintains all rights, if any, to all lands lying within the range ways.
B.
For purposes of the Land Use Code, zoning setbacks for all range ways excluding eight-rod range ways mentioned below shall be measured from the edge of the applicable range way.
C.
For purposes of the Land Use Code, zoning setbacks for the eight-rod range ways commonly known as the “Northeast, Southwest, Northwest and Southeast Roads” shall be measured from the applicable county or state right-of-way limits rather than the eight-rod range way limits, except that in no event shall new private structures be constructed within the limits of the eight-rod range ways. On Town Center, Town Main and Town Avenue SCD street frontage types, the outdoor display and sales as defined in § 181-7.1A is allowed within the eight-rod range way, but not the Maine Department of Transportation (MDOT) right-of-way.
[Amended 6-7-2011]
§ 181-33 Manufactured housing units.
A.
Manufactured housing units which are placed on lots outside of mobile home parks must:
(1)
Not be located within an historic district which has been included on the National Historic Register.
(2)
Meet all applicable state standards, including but not limited to 30A M.R.S.A. § 4358 and 10 M.R.S.A. § 9094, as amended.
(3)
Be sited such that a minimum horizontal distance of 20 feet, which may include such attachments as enclosed porches, breezeways or garages, faces the street.
(4)
Mobile home parks are not allowed in Form Based Code Village Districts.
[Added 6-7-2011; amended 8-12-2014 by Order No. 65-14]
B.
Mobile home park space and bulk standards. Mobile home parks shall conform to the following space and bulk standards:
[Amended 2-13-2007 by Order No. 184-06]
(1)
Lot size: 20,000 square feet, except that where a clustered septic system is utilized, lot sizes may be reduced to 12,000 square feet, provided that the entire park parcel contains at least 20,000 square feet per lot or unit. In shoreland zones, lot sizes shall be 30,000 square feet.
(2)
Minimum road frontage: 100 feet.
(3)
Minimum distance between buildings: 30 feet.
(4)
Minimum setback from property line of individual lot: 15 feet.
(5)
Minimum setback from property line: 60 feet.
(6)
Maximum building height: 25 feet.
C.
Mobile home park road standards. Mobile home parks shall conform to the following road standards:
[Added 2-13-2007 by Order No. 184-06]
(1)
Streets within a mobile home park that are to be dedicated to the Town for acceptance as Town ways shall be designed and constructed in accordance with the standards contained in Chapter 252.
(2)
Streets within a mobile home park that are to be privately owned roads shall be built according to acceptable engineering standards, shall be designed by a professional engineer licensed to do business in the State of Maine, and shall meet the following design standards:
(a)
Right-of-way width: 23 feet.
(b)
Width of paved travel way: 20 feet, which shall be paved with a minimum of 3 1/2 inches of pavement.
(c)
Privately owned roads within a mobile home park that intersect with public ways adjacent to the mobile home park shall meet the following standards:
[1]
The desired angle of intersection shall be 90°, and the minimum angle of intersection shall be 75°.
[2]
The maximum permissible grade within 75 feet of the intersection shall be 2%.
[3]
The minimum sight distance shall be 10 feet for every mile per hour of posted speed limit on the existing public way. Sight distances shall be measured from the driver’s seat of a vehicle that is 10 feet behind the curb or edge of shoulder line, with the height of the eye 3 1/2 feet, to the top of an object on the roadway 4 1/2 feet above the pavement. Where the Planning Board finds it necessary, the mobile home park land bordering the intersection shall be cleared of all growth and sight obstructions to achieve the required visibility.
[4]
The center line of any privately owned road within a park intersecting an existing way shall be at least 125 feet from the center line of any other street intersecting that public street.
(3)
On-street parking shall be prohibited on privately owned roads in a mobile home park.
(4)
No mobile home park lot shall have direct vehicular access onto an existing public way.
(5)
Any mobile home park expected to generate average daily traffic of 200 trips per day or more shall have at least two street connections with existing public ways.
(6)
The Planning Board shall require a traffic impact analysis if the mobile home park will generate more than 500 trips per day.
§ 181-34 Access limitations.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
Any lot created after the effective date of this section, as part of a subdivision as defined by the Town of Standish and State of Maine, shall have its required road frontage on a way other than Route No. 25, 35, 113 or 114 unless the Planning Board determines that conditions particular to a parcel justify a waiver from this requirement. In Form Based Code Village Districts, required new frontage shall meet the frontage requirements for the applicable FBCVD street frontage type. A waiver shall be granted only if there will be no further subdivision of the parcel and one of the following criteria is met:
§ 181-35 Town-wide performance standards.
(Reserved)
§ 181-35.1 Timber harvesting.
A.
Timber harvesting operations (see definition contained in this Part 1) shall maintain a continuous natural buffer of at least 50 feet from all property lines, except for roads required to gain access to the land to be harvested. The continuous natural buffer can be harvested to the forty-percent-removal-over-ten-year standard using normal forestry practices.
B.
Harvesting operations shall be conducted in such a manner and at such a time that minimal soil disturbance results.
C.
All slash shall be disposed of in such a manner that it lie on the ground and no part thereof extends more than four feet above the ground.
E.
Hours of operation for timber harvesting conducted within 500 feet of a residential use shall be limited from 7:00 a.m. to 7:00 p.m., Monday through Saturday.
[Amended 3-10-1998 by Order No. 10-98]
§ 181-35.2 Home occupation levels.
[Amended 8-12-2014 by Order No. 65-14]
A home occupation is one that is performed accessory to a residential use and is customarily carried on in a dwelling unit. The use shall be carried on by a family member of a household residing in the dwelling unit and must be clearly incidental and secondary to the primary use of the dwelling unit for residential purposes. The following conditions must be met and maintained:
§ 181-35.2.1 Home occupation Level 1.
A.
The occupation shall be carried on wholly within the principal building.
B.
Not more than one full-time equivalent person outside the dwelling unit shall be employed in the home occupation, and no more than one such individual shall be on the premises at any given time.
[Amended 9-18-2001 by Order No. 112-01; 6-6-2023 by Order No. 26-23]
C.
There shall be no exterior display, no exterior sign; provided, however, that in the Form Based Code Village Districts, a two-square-feet-in-area wall-mounted sign at the first-floor building entrance is allowed. No exterior storage of material nor other exterior indication of the home occupation or variation from the residential character of the principal building.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
D.
No nuisance, noise exceeding levels as established in Chapter 206, Noise, vibration, smoke, dust, odors, heat, glare or electrical distribution shall be generated by the home occupation.
[Amended 11-1-2011 by Order No. 108-11]
E.
Traffic in excess of that customarily occurring in a residential neighborhood shall not be generated. (Residential traffic shall be measured according to the current edition of the Institute for Traffic Engineers handbook.)
F.
Customers or clients must be limited to no more than two at any one time in the structure.
G.
The home occupation shall not utilize more than 15% of the total floor area of the dwelling unit; provided, however, that in Form Based Code Village Districts, it shall not utilize more than 50% of the total floor area of the dwelling unit and requires prior approval of the Code Enforcement Officer.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
H.
Retail sales cannot be considered a Level 1 home occupation.
I.
No more than one home occupation, as determined by the Planning Board, shall be permitted within any single dwelling unit.
J.
Adequate year-round off-street parking spaces shall be provided for the maximum number of vehicles on site at any one time. In no case shall parking be on a road.
K.
If customers/clients may need to visit the site for the home occupation, provisions must be made to ensure that all vehicles can adequately turn around on site before re-entering the road.
L.
Home occupation Level 1 can include but not be limited to the following: art or craft studio, dressmaking service, teaching or tutoring facilities. Home occupation Level 1 shall not be interpreted to include the following: facilities for repair of motor vehicles or day-care center.
M.
CEO approval is required. If the owner/applicant wishes to appeal a determination made by the CEO for a home occupation Level 1 application, the owner/applicant shall apply to the Planning Board, and the Planning Board shall determine the conditions that must be met and maintained.
§ 181-35.2.2 Home occupation Level 2.
[Amended 11-12-2003 by Order No. 114-03]
Same conditions as home occupation Level 1, except that:
A.
The occupation may be carried on wholly within the principal building.
B.
Not more than two people outside the home shall be employed in the home occupation. Not more than one of the nonhousehold employees shall be actively working on the property at any one time; provided, however, that in the Form Based Code Village Districts, not more than two of the nonhousehold employees shall be actively working on the property at any one time.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14; 8-12-2014 by Order No. 65-14]
C.
Any sign must meet standards contained in this Part 1; provided, however, that in Form Based Code Village Districts, a two-square-feet-in-area wall-mounted sign at the first floor building entrance is allowed.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
D.
The home occupation shall not utilize more than 20% of the total floor area of the dwelling unit.
E.
Services are allowed on the premises; however, no retail sales are allowed unless all necessary approvals are obtained. All retail sales must be directly related to the home occupation as determined by the Planning Board.
F.
Home occupation Level 2 shall include but not be limited to the following: art studio, dressmaking shop, hairdressing shop, teaching or tutoring facilities, office of a physician, optometrist, lawyer, engineer, architect or accountant, office of a real estate broker, or agent of an insurance broker. Home occupation Level 2 shall not be interpreted to include the following: facilities for the repair of motor vehicles, daycare centers nor retail sales.
G.
Planning Board site plan review and approval is required; provided, however, that in the Form Based Code Village Districts, only Code Enforcement Officer review and approval is required.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
§ 181-35.2.3 Home occupation Level 3.
[Amended 11-12-2003 by Order No. 114-03]
Same conditions as home occupation Level 2, except that:
A.
The occupation may be carried on wholly within the principal structure or within accessory structures on the same lot such as a barn or garage.
B.
Not more than three people outside the household shall be employed in the home occupation.
[Amended 8-12-2014 by Order No. 65-14; 8-12-2014 by Order No. 65-14]
C.
Any sign must meet standards contained in this Part 1, provided that the total sign area does not exceed eight square feet in area; provided further, however, that in the Form Based Code Village Districts, only a four-square-feet wall-mounted sign at the first-floor building entrance is allowed.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
D.
The home occupation shall not utilize more than 35% of the total floor area of the dwelling unit or principal structure; provided, however, that in the Form Based Code Village Districts, it shall not utilize more than 50% of the total floor area of the dwelling unit or principal structure.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
E.
For home occupations located outside Form Based Code Village Districts, and comprising more than 20% of the principal structure:
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
F.
Any retail sales must be directly related to the home occupation.
G.
Home occupation Level 3 shall include but not be limited to the following: art studio, dressmaking shop, hairdressing shop, teaching or tutoring facilities, office of a physician, optometrist, lawyer, engineer, architect or accountant, office of a real estate broker, or agent of an insurance broker. Home occupation Level 3 shall not be interpreted to include the following: facilities for the repair of motor vehicles, daycare centers nor retail sales.
H.
Planning Board site plan review and approval is required; provided, however, that in Form Based Code Village Districts, only Code Enforcement Officer review and approval is required.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
§ 181-35.3 Home retail sales.
A.
Home retail sales are limited retail sales which are directly related to an approved home occupation and which meets and maintains all of the standards listed below. The Planning Board has the authority to review all home retail sales. The Planning Board may approve, with conditions, or deny a request for home retail sales based on applicable review standards. The Planning Board has the authority to place limits and conditions on the home retail sales. Depending on the size and scale of the home retail sales, the Planning Board may require site plan review approval.
B.
The Planning Board shall consider the following elements when considering an application for home retail sales:
(1)
Provisions for adequate off-street parking and on-site turnaround areas for anticipated traffic volumes.
(2)
Adequate site distance when entering and exiting the site from a public road.
(3)
Potentially offensive nuisances, including but not limited to traffic, parking, noise, vibration, smoke, dust, odors, heat, glare and electric disturbance.
C.
All home retail sales must meet and maintain the following standards:
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
(1)
All necessary approvals for the appropriate level of home occupation must be obtained.
(2)
The home occupation is accessory to residential use on the property and is customarily carried on by a member of the family residing in the dwelling unit and clearly incidental and secondary to the use of the dwelling unit for residential purposes.
(3)
The home retail sales shall occur in the residence or in an accessory building, attached or detached, on the same parcel.
(4)
A conforming lot is required for home retail sales. (See definition.)
(5)
The maximum total display area is 600 square feet. This display area may be in addition to the maximum square footage allowed to be utilized for the home occupation.
(6)
The maximum total outdoor display area is to be 200 square feet in area, except on Town Center, Town Avenue and Town Residential SCD street frontage types in the Standish Comer District, where outdoor display and sale is not allowed. Any outdoor display area shall be considered part of the total display area. Any outdoor display area shall be located on the parcel and within the property boundaries. In no event shall any part of the outdoor display be located within the public right-of-way for a street or road.
§ 181-35.4 Tradesman.
[Amended 11-12-2003 by Order No. 114-03]
Any occupation or profession which is accessory to a residential use and is customarily carried on in a building or other structure accessory to a dwelling unit and carried on by a member of the family residing in the dwelling unit that meets and maintains the following conditions:
A.
The occupation or profession shall be carried on principally within the accessory building.
B.
Not more than two people outside the family shall be employed in the occupation or profession.
C.
There shall be no exterior display, no exterior storage of materials and no other exterior indication of the occupation or profession or variation of the residential character of the principal building other than a sign as authorized herein.
D.
Any sign must meet standards contained in this Part 1, provided that the total sign area does not exceed eight square feet in area; provided further, however, that in the Form Based Code Village Districts, only a four-square-feet-in-area wall-mounted sign at the first-floor building entrance is allowed.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
E.
No nuisance, offensive noise, vibration, smoke, dust, odors, heat, glare or electrical disturbance shall be generated.
F.
The proposed profession or occupation will not alter the existing character of the surrounding zoning division or district to the extent that it could become a detriment or potential nuisance to said zoning division or district.
§ 181-35.5 Accessory dwelling units. [1]
[Added 7-8-2008 by Order No. 164-07; amended 8-12-2014 by Order No. 65-14; 6-6-2023 by Order No. 26-23; 5-13-2025 by Order No. 22-25]
A.
Purpose. The purpose of the provisions concerning an accessory dwelling unit is to increase the variety of housing opportunities available to the Town's diverse population and to help contain sprawl by absorbing growth within existing lots and structures, thus precluding some of the pressure to further subdivide existing lots.
B.
Approval. An accessory dwelling unit requires approval from the Code Enforcement Officer. It shall be the duty of the Code Enforcement Officer to review all applicable standards and approve an accessory dwelling unit if the accessory dwelling unit meets the applicable standards.
C.
Performance standards.
(1)
The accessory dwelling unit must be located within the same building as the existing one- or two-family dwelling or within a detached structure that meets building code requirements for a dwelling unit. The accessory dwelling unit must contain its own cooking, eating, bathroom and sleeping facilities.
(2)
Ownership of the existing one- or two-family dwelling use and the accessory dwelling unit must be the same.
(3)
Only one accessory dwelling unit is allowed on a lot.
(4)
An accessory dwelling unit located outside of the Shoreland Zone and that complies with the requirements of this section shall not be considered a dwelling unit when calculating lot area per dwelling unit for the purposes of this chapter, for the private way construction thresholds of § 181-14C(4), or when calculating parking requirements for the purposes of this chapter. For all other purposes, an accessory dwelling unit shall be considered a dwelling unit.
(5)
Prior to the issuance of an occupancy permit for any accessory dwelling unit the applicant must provide written verification that the accessory dwelling unit is connected to adequate water and wastewater services. Written verification under this subsection must include:
(a)
If an accessory dwelling unit is connected to a public, special district or other comparable sewer system, proof of adequate service to support any additional flow created by the accessory dwelling unit and proof of payment for the connection to the sewer system;
(b)
If an accessory dwelling unit is connected to a septic system, proof of adequate sewage disposal for subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector. Plans for subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with subsurface wastewater disposal rules adopted under 12 M.R.S.A § 42;
(c)
If an accessory dwelling unit is connected to a public, special district or other centrally managed water system, proof of adequate service to support any additional flow created by the accessory dwelling unit, proof of payment for the connection and the volume and supply of water required for the accessory dwelling unit;
(d)
If an accessory dwelling unit is connected to a well, proof of access to potable water. Any tests of an existing well or proposed well must indicate that the water supply is potable and acceptable for domestic use.
(6)
Accessory dwelling unit shall contain a minimum of 190 square feet and a maximum of 1,000 square feet of living space. For purposes of this section, "living space" means the total floor area designated for occupancy and exclusive use as an accessory dwelling unit, expressed in square feet, measured from the center lines of adjoining partitions and exteriors of outside walls.
(7)
The accessory dwelling unit must comply with all applicable building and fire safety codes in effect at the time of the application.
(8)
A home occupation or tradesman use may be conducted, subject to existing regulations, as an accessory use to either the accessory dwelling unit or existing single-family residence, but not to both.
(9)
Any application to the Code Enforcement Officer for an accessory dwelling unit shall be accompanied by the registration of accessory dwelling unit form (available in the Code Enforcement Office) filled in by the owner(s) of the existing single-family residence.
(10)
An occupancy permit must be issued by the Code Enforcement Officer prior to occupancy of an accessory dwelling unit created or modified pursuant to this section.
(11)
Should the owner(s) of the building that contains the accessory dwelling unit be found in noncompliance with the standards contained in this section, the noncompliance shall be considered a violation of this chapter, and the accessory dwelling unit use shall be discontinued.
[1]
Editor's Note: Former § 181-35.5, Community living facility standards, was repealed 11-12-2002 by Order No. 115-02.
§ 181-35.6 (Reserved) [1]
[1]
Editor's Note: Former § 181-35.6, Family apartment standards, was repealed 6-6-2023 by Order No. 26-23.
§ 181-35.7 Yard/garage sale standards.
Sales shall not be conducted more frequently than four days in any six-month period.
§ 181-35.8 Access structures related to disability.
[Added 2-9-1999 by Order No. 191-98]
The Code Enforcement Officer shall allow a lessening of setback requirements for access structures, as necessary, to facilitate reasonable accessibility to existing structures for individuals with disabilities. This provision shall apply to proposed construction of disability access to existing structures only. Any access structure built under this provision shall be temporary to facilitate the disabilities of current occupants and shall be removed when no longer needed. Fees for permits issued under this section shall be waived.
§ 181-35.9 Provision of public water supply.
[Added 1-12-2016 by Order No. 109-15]
It is the policy of the Town of Standish to require the extension of the public water supply system to serve new development to the extent that such extensions are feasible and economically viable. The provisions of this section identify when public water supply must be used and/or the public water system extended to serve the use of land or development activity.
A.
Required provision of public water supply. Unless exempted by the Planning Board in accordance with Subsection D below, any new principal building for nonresidential use for which a building permit is issued after January 12, 2016, or any new principal building in a subdivision that was approved after January 12, 2016, and that had not had substantive Planning Board review as of January 12, 2016, shall be connected to, and shall utilize, the public water system, if the parcel(s) on which such development occurs is located, in whole or in part, in any of the following zoning districts:
B.
Conditional provision of public water supply. Unless exempted by the Planning Board in accordance with Subsection D below, any new principal building for nonresidential or residential use (or group of buildings that is part of the same project) for which a building permit is issued after January 12, 2016, that has a design sewage flow based upon the Maine State Plumbing Code of more than 2,000 gallons per day or that is required to be provided with a fire protection sprinkler system in accordance with fire protection codes or Town ordinances, or any subdivision approved after January 12, 2016, and that had not had substantive Planning Board review as of January 12, 2016, that will allow for the construction of six or more dwelling units or one or more principal buildings requiring site plan review, shall be connected to, and shall utilize, the public water system, if the parcel upon which the development is located is within 3,000 feet of a Portland Water District water main as measured along existing or proposed public rights-of-way from the existing main to the nearest corner of the parcel, and the parcel is located, in whole or in part, in any of the following zoning districts:
C.
Provision for the orderly extension of the public water system. The Planning Board shall require that a subdivision or a building subject to site plan review, but not covered by Subsection A or B above, extend and/or utilize public water supply provided by the Portland Water District if the Planning Board determines the provision of public water to this project is necessary for the orderly extension of the public water system or for the development of the area in accordance with the Town's adopted Comprehensive Plan, and that such extension will not be financially unreasonable based upon the methodology set forth in Subsection E below.
D.
Exemption from public water supply requirements. The Planning Board shall, by formal vote, exempt a development from the requirement to extend and/or use public water supply if it finds that any one of the following conditions is met:
(1)
That the Portland Water District has certified, in writing, that the District's water system cannot provide adequate service for the project including, provisions for fire protection sprinkler systems, without a major investment in the District's facilities that the District is not prepared to make in a timely fashion; or
(2)
That the cost of providing public water service for the project is unreasonable given the anticipated benefit. The cost of providing public water service for a residential use or subdivision shall be deemed to be unreasonable if the public water cost per unit (PWCU) exceeds the maximum private water cost per unit (MPWCU) based upon the methodology set forth in Subsection E below. The cost for providing public water service for a nonresidential use or subdivision shall be deemed to be unreasonable if the estimated cost is more than twice the cost of an equivalent private water supply system, including provisions for fire protection water supplies, based upon the methodology set forth in Subsection E below.
E. CCIF CCIF ENR ENR CCI ENR CCI CURRENT EX LDG MPWCU NL PWCU SL UN
Determination of unreasonable cost. Abbreviations used in determination of unreasonable cost are as follows:
Construction cost inflation factor.
ENR CCI current/ENR CCI 01-2016 where ENR CCI current is the ENR construction cost index for the month in which the calculation is made as published in ENR (Engineering News-Record) magazine and ENR CCI 01-2016 equals the ENR construction cost index for January 2016.
Engineering News-Record.
The ENR construction cost index for January 2016.
The ENR construction cost index for the month in which the calculation is made as published in ENR (Engineering News-Record) magazine.
The estimated current cost for any extraordinary costs for the water service such as bridge crossings and $75 is the typical cost per foot for a water main in an existing street, $40 is the typical cost per foot for a water main in a new street or right-of-way, and $1,425 is the typical average cost for a house service.
The estimated current cost for ledge trench at $20 per lineal foot times the estimated number of feet of ledge trench or other estimate of ledge removal cost approved by the Planning Board based upon field knowledge/documentation provided by the applicant.
Maximum private water cost per unit.
The lineal feet of new water main in a proposed street or right-of-way.
Public water cost per unit.
The lineal feet of new water main in an existing street.
The number of units in the development to be served.
If a property owner or developer requests an exemption from the requirement to provide public water supply based upon the cost of providing public water supply, he/she shall submit an analysis of the estimated cost of providing public water service versus the cost of providing private water supplies. |
The analysis shall be based upon the proposed development scenario as if the entire lot or parcel will be developed/subdivided and there is no potential for future additional development. The Planning Board shall require that the analysis be based upon a full build-out scenario for the parcel that assumes that the entire parcel will be developed based upon the allowed zoning density with public water and cluster development, if appropriate, taking into consideration site constraints and Town regulations. If only a portion of the lot or parcel is being proposed to be developed/subdivided, the analysis shall be based upon a full build-out scenario for the parcel that assumes that the entire parcel will be developed and that the area not currently proposed for development will be developed based upon the allowed zoning density with public water and cluster development, if appropriate, taking into consideration site constraints and Town regulations. The development scenario shall be submitted to the Town Planner and shall be subject to the Planner's and Planning Board's approval as a reasonable development scenario for the parcel. |
(1)
Residential developments. The cost of providing public water service for a residential use or subdivision shall be deemed to be unreasonable if the public water cost per unit (PWCU) exceeds the maximum private water cost per unit (MPWCU) based upon the following methodology:
Step 1. Determine the public water cost per unit (PWCU) based upon the following formula:
PWCU = (((((SL X $75) + (NL X $40))/UN) + $1,425) X CCIF) + (((LDG) X CCIF) + EX)/UN)
Where: SL = the lineal feet of new water main in an existing street
NL = the lineal feet of new water main in a proposed street or right-of-way
UN = the number of units in the development to be served
CCIF = Construction cost inflation factor
LDG = the estimated current cost for ledge trench at $20 per lineal foot times the estimated number of feet of ledge trench or other estimate of ledge removal cost approved by the Planning Board based upon field knowledge/documentation provided by the applicant
EX = the estimated current cost for any extraordinary costs for the water service such as bridge crossings and $75 is the typical cost per foot for a water main in an existing street, $40 is the typical cost per foot for a water main in a new street or right-of-way, and $1,425 is the typical average cost for a house service
CCIF = ENR CCI current/ENR CCI 01-2016 where ENR CCI current is the ENR construction cost index for the month in which the calculation is made as published in ENR (Engineering News-Record) magazine and ENR CCI 5-04 is the ENR construction cost index for January 2016
Step 2. Determine the maximum private water cost per unit (MPWCU) based upon the following formula:
MPWCU = $12,100 X CCIF
Where: CCIF = construction cost inflation factor, and $12,100 is the typical developer cost for a well, water treatment system, and unit cost of fire tank
Step 3. Compare the calculated PWCU to the calculated MPWCU to determine if providing public water supply is reasonable.
(2)
Nonresidential developments. The cost for providing public water supply for a non-residential use or subdivision shall be deemed to be unreasonable if the estimated cost for the public water supply is more than twice the cost of an equivalent private water supply system, including provisions for fire protection water supplies. The analysis shall be prepared by a Maine-licensed professional engineer based upon documented construction costs and reviewed and approved by the Portland Water District unless this requirement is waived by the Planning Board based upon the scale or nature of the development.
The cost for supplying public water shall include the estimated cost of any water main extensions and required upgrades to existing facilities as well as the cost for providing local water mains and services within the project and shall be reduced by any cost sharing by the Water District, any impact fee revenues available to fund the project, and any other potential sources of outside funding. In evaluating the reasonableness of providing public water service, the Planning Board shall consider the potential for cost sharing with any approved developments or any projects for which a preapplication or application has been filed. The cost for private water supplies shall include the cost for the private supplies, services, and any provisions for fire protection required by this Code or the fire protection or building codes.
F.
Responsibility and standards for extensions of the system.
If a parcel or lot proposed for development or subdivision is required to be connected to, and utilize, the public water system, and a public water main is not available adjacent to the parcel or lot to provide the service, the owner or developer of the parcel or lot shall be responsible for extending a public water main within an adjacent public street or other public right-of-way approved by the Town Council to provide water service to the proposed building or subdivision at his/her cost. The extension shall be designed by a Maine-licensed professional engineer, shall meet the design and construction standards of the Portland Water District, shall be constructed at the property owner's or developer's expense, shall be inspected in accordance with the requirements of the Portland Water District, and shall be transferred to the Portland Water District upon completion.
Any water main extension undertaken to comply with the requirements of this section shall include the installation of fire hydrants in accordance with the standards of the Standish Fire Department and fire protection codes.
§ 181-36 Continued use.
The use of any building, structure or land which is made nonconforming by reason of the enactment of this Part 1, or which shall be made nonconforming by reason of a subsequent amendment, may be continued, subject to the following provisions.
§ 181-37 Repairs and alterations.
A nonconforming building or structure may be repaired, altered, improved or reconstructed, provided that the number of square feet of floor area devoted to the nonconforming use is not increased, except as provided hereinafter in this Part 1.
§ 181-38 Rebuilding.
A nonconforming building or structure damaged or destroyed by fire, explosion or act of God may be rebuilt, provided that the rebuilding is begun within one year of the disaster, and provided that the number of square feet of floor area devoted to the nonconforming use is not increased, except as provided hereinafter in this Part 1.
§ 181-39 Extension of use.
A nonconforming use of a building or structure shall not be extended, nor shall a nonconforming use of a part of a building or structure be extended to other parts of the building or structure, unless those parts were manifestly arranged or designed for such use prior to the enactment of this Part 1 or of any amendment making such use nonconforming, except as provided hereinafter in this Part 1. A nonconforming open use of land may not be extended to any part of the remainder of the lot.
§ 181-40 Enlargement.
The Board of Appeals may grant permission for the enlargement of any use made legally nonconforming by the district provisions of this Part 1. In reviewing all such applications for enlargement or replacement, the Board of Appeals shall use the criteria established herein for the consideration of special exceptions.
§ 181-41 Change in use.
A nonconforming use of a building, structure or land may be changed to another nonconforming use only when, in the opinion of the Board of Appeals, the new use is not more objectionable or detrimental to adjacent properties than the former use.
§ 181-42 Abandonment.
A nonconforming use of a building, structure or land which has been abandoned shall not thereafter be resumed. A nonconforming use shall be considered abandoned:
§ 181-43 Construction begun prior to regulations.
Nothing herein contained shall require any change in plans, construction or structure, the construction of which shall have been diligently prosecuted previously to May 26, 1976.
§ 181-43.1 Intent.
This article is intended to provide guidance for industrial, commercial and retail use to minimize the impact on the environment and abutting landowners.
§ 181-44 Disposal of industrial waste.
The disposal of industrial wastewater must comply with the laws of the State of Maine and the Town concerning water pollution. Representatives of the Town and for the Maine Department of Environmental Protection may enter onto the premises for the purposes of gauging, sampling and testing any wastewater streams which may enter into watercourses.
§ 181-45 Air pollution control.
All air pollution control shall comply with minimum state requirements and detailed plans submitted to the Code Enforcement Officer for approval, before a permit is granted.
§ 181-46 (Reserved) [1]
§ 181-47 Breakdowns and scheduled maintenance.
Upset conditions, breakdowns or scheduled maintenance of any water and air pollution control equipment shall not be deemed to be in violation of established limits as specified above; provided, however, that such person responsible for such emission will, with all practical speed, but in any event within 60 days, initiate and complete action to correct the conditions causing such emissions to exceed said limits.
§ 181-48 Offensive uses not permitted.
No permit shall be issued in a business district for any use which may be offensive because of noise or vibration, odors or fumes, smoke or dirt or because of fire or explosion or any other hazard or nuisance.
§ 181-49 Employment of consultant.
[Amended 9-13-2005 by Order No. 95-05]
A.
In addition to the permit application fee, every applicant to which this Article VI applies may also be required by the Code Enforcement Officer to pay a consulting cost fee to cover 100% of the Town's costs related to independent geotechnical, hydrologic, engineering, planning, legal and similar professional consulting services incurred in its review of the application. This fee must be paid to the Town and shall be deposited in an interest-bearing escrow account, which shall be separate and distinct from all other Town accounts. When a consulting cost fee is required, the application will be considered incomplete until evidence of payment of this fee is submitted to the Code Enforcement Officer. If the initial fee proves to be insufficient to meet the Town's legal and technical review costs, the Code Enforcement Officer may assess an additional fee(s) to cover such legal and technical review costs.
B.
The consulting cost fee may be used by the Code Enforcement Officer only to pay reasonable costs incurred by the Planning Board, at its discretion, which relate directly to the review of the application pursuant to the review criteria. The results of the consultation or peer review for which such fees are assessed shall be available for public review, but such results shall be deemed to have been made solely for the benefit of the Town and shall remain its property. Such fees shall be assessed for the privilege of review and shall be payable without regard to consultation or peer review results or the outcome of the application.
§ 181-49.1 Intent.
The intent of this article is to regulate the location and erection of all transmission towers in all districts in order to minimize adverse visual effects of towers through careful design, siting and vegetative screening; to avoid potential damage to adjacent properties from tower failure and falling ice through engineering and careful siting of tower structures; and to preserve the rural character of Standish.
§ 181-49.2 Towers in certain areas prohibited.
[Amended 8-8-2000 by Order No. 96-00]
There shall be no transmission towers permitted in the Shoreland, Resource Protection, Rural Residential and Residential Zones. Towers shall not exceed 125 feet in height above ground surface in the Rural Zone. Towers shall not exceed 200 feet in height above ground surface in all other zones. Special exceptions and variances shall not be granted. Towers used for municipal purposes are exempt from these requirements; the municipal tower shall not exceed 200 feet. Municipal towers may be owned by other than the municipality as long as they are located on Town-owned land or contain Town transmission facilities and have shared communication uses.
§ 181-49.3 Setback requirements.
All transmission towers shall be set back from the lot lines a distance of 1 1/2 times the structure height, but not less than the minimum setback requirements for that zone. Other structures [including but not limited to any accessory structure(s) and guy wire anchors] must meet setbacks established in this chapter. Municipal towers are exempt from these requirements, when the tower is an accessory use with a municipal building; the municipal tower shall not exceed 200 feet.
§ 181-49.4 Proof of conformity required.
When regulated by the United States Federal Aviation Administration (FAA) or Federal Communications Commission (FCC), applications for transmission towers shall be accompanied by evidence that such tower (and any related structures) meets or can meet requirements and specifications of the FAA and FCC. The applicant shall also furnish evidence of appropriate FAA/FCC operator licensing prior to construction.
§ 181-49.5 Fence or wall required.
A chain-link (security) fence or wall not less than eight feet in height from the finished grade shall be provided around each transmission tower. Access to the tower(s) shall be through a locked gate.
§ 181-49.6 Buffering required.
Vegetative buffering must be provided to screen the transmission tower, including any accessory buildings and structures at ground level, from adjacent land uses. If existing vegetation does not provide adequate buffering, as defined by the Planning Board, to minimize visual impact of the structure, the Planning Board may require the applicant to provide a visual impact analysis by a qualified professional, at the applicant's expense, who will provide a written recommendation to the Planning Board for approval.
§ 181-49.7 Lights.
Lights shall be focused, shielded or hooded in accordance with this chapter. Security lights must be motion-activated and shall not remain on when there is no activity in the vicinity of the tower.
§ 181-49.8 Cooperation with Code Enforcement Officer.
At least 30 days prior to the beginning of transmission tower construction, the applicant shall notify the Code Enforcement Officer of the date on which construction will begin. The Code Enforcement Officer may require the applicant to pay the cost for special officers to ensure traffic safety while the transmission tower and related materials and equipment are being delivered to the site and to take other reasonable measures which might be necessary to protect rights-of-way, neighboring property and persons during construction of the transmission tower.
§ 181-49.9 Radiation levels.
The design, siting and operation of the transmission tower and any related structures must assure that all potentially hazardous radiation is controlled or contained and that radiation levels are at safe levels at the property lines of the site. The standards for emission levels shall be the federal or state NIER emission or measurement standard, whichever is more strict. Until such standard(s) are established, the NIER emissions shall not expose the general public to ambient radiation exceeding an equivalent plane wave power density of zero and 0.2 milliwatts per square centimeter (mW/cm2) to 30 to 300 megahertz (MHz) frequency range average over a one-tenth-hour period. The standard shall be measured at the property lines.
§ 181-49.10 Color of tower.
Subject to federal requirements stating otherwise, transmission towers shall be finished or painted silver or gray or retain galvanized finish in order to blend with the sky above treetop level and earth-tone colors to blend with colors below treetop level. The purpose of these requirements is to minimize the visual effects the tower(s) through design, siting or possible screening.
§ 181-49.11 Permit required.
A.
A new permit or a modification of an existing permit shall be required before any additional antenna or broadcasting capacity is added to the transmission tower facilities and capacity that exist at the time of a previous tower site plan approval or changes to existing towers, accessory building or other uses on the site not covered by a site plan approval.
B.
The new permit or modification of a previously existing permit must provide all necessary information and assurances to substantiate that the tower is capable of safely handling additional antenna and that the other site requirements (parking, screening, etc.) will be met according to the requirements of this Part 1.
§ 181-49.12 Safety.
Prior to approval of site plan review, the applicant shall establish that the location, construction and operation of the proposed transmission tower will not represent a safety hazard to abutting properties or public right-of-way. The Planning Board may require that certain information and evidence be provided by a third-party professional at the expense of the applicant to ensure that this requirement is satisfied.
§ 181-49.13 Removal of tower.
The transmission tower owner will notify the Code Enforcement Officer within 30 days of the tower being taken out of operation. Within 60 days of the tower going out of operation, the owner shall notify the Planning Board of their intentions for the tower in the future. If there is no future use intended for the tower, it must be dismantled and removed from the site within nine months of the date of notice. The applicant shall be required to place in escrow an amount sufficient to cover the cost of tower removal, with this bond to be reviewed every 10 years. These requirements shall be placed on the site plan as conditions of the use.
§ 181-49.20 Purpose.
The purpose of this Article VIB is to facilitate the installation, construction, and maintenance of all types of small wind energy systems, including vertical and horizontal axis tower-mounted systems and vertical and horizontal axis building-mounted systems, subject to restrictions.
§ 181-49.21 Terms defined.
As used in this Article VIB, the following terms shall have the meanings indicated:
The contract between the owner of a small wind energy system and the electrical utility provider that outlines requirements for metering, billing, and connection to the power grid.
Includes the temporary tower, base plate, anchors, guy wires and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment for anemometers and vanes, data loggers, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location. For the purpose of this Part 1 MET towers shall refer only to those whose purpose are to analyze the environmental factors needed to assess the potential to install, construct or erect a small wind energy system.
Any change to the small wind energy system that materially alters the size, type or location of the small wind energy system. Like-kind replacements shall not be construed to be a modification.
The difference between the electricity supplied to a customer over the electric distribution system and the electricity generated by the customer's small wind energy system that is fed back into the electric distribution system over a billing period.
The transmission system, managed by ISO New England, created to balance the supply and demand of electricity for consumers in New England.
A wind energy conversion system consisting of a wind generator, a tower, and associated control or conversion electronics that has a rated generation capacity up to 100 kilowatts (kW) and will be used primarily for on-site consumption. A SWES may be partially or totally off-grid or may be power grid tied to allow for the purchase of electricity from the local utility or allow excess electricity produced by the SWES to be used by the utility.
The vertical distance from ground level to the tip of the wind generator blade when it is at its highest point.
 |
The monopole, guyed monopole or lattice structure that supports a wind generator.
The height above grade of the fixed portion of the tower, excluding the wind generator.
 |
The blades and associated mechanical and electrical conversion components mounted on top of the tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity.
§ 181-49.22 Procedure for review.
A.
No MET tower or SWES shall be erected, constructed, or installed without first receiving approval from the Planning Board.
B.
Application. In addition to the requirements of Part 2 of this chapter, applications submitted to the Planning Board shall contain:
(1)
A site plan with the following information:
(a)
Property lines and physical dimensions of the applicant's property and abutters' property.
(b)
Location, dimensions, and types of existing major structures on the property and abutters' property.
(c)
Location of the proposed SWES, foundations, and associated equipment, along with setback requirements as outlined in this Part 1.
(d)
Tower foundation blueprints or drawings. The applicant shall submit structural drawings of the tower foundation and anchoring system that have been prepared as follows:
(e)
Tower blueprints or drawings.
(f)
The location of any right(s)-of-way for a public or private road that is contiguous with the property.
(g)
The location of any utility easements.
(2)
The following exhibits:
(a)
SWES specifications, including manufacturer, model, rotor diameter, tower height, system height, tower type, nameplate generation capacity. The applicant shall also submit the estimated generation capacity based on average annual wind speed at the site based on MET tower data or as estimated using data from the U.S. Department of Energy or another industry-accepted source.
(b)
A SWES that will be connected to the power grid shall include a signed copy of a customer net energy billing agreement between the applicant and the electric utility provider.
(c)
Sound level analysis prepared by the wind generator manufacturer or qualified sound engineer.
(d)
Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.
(e)
If the proposed SWES is to be installed on a structure, it must meet the manufacturer's installation guidelines, and evidence of such compliance must be submitted by the applicant.
(f)
Evidence of compliance with or nonapplicability of Federal Aviation Administration requirements.
C.
Public notification.
(1)
For MET towers and SWES with a rated generation capacity up to 20 kw, the Planning Department shall notify all property owners of abutting properties by certified mail, return receipt requested, upon determining the application complete.
(2)
For SWES with a rated generation capacity between 20 kw and 100 kw, the Planning Department shall notify all property owners within 500 feet from the proposed location of the tower by certified mail, return receipt requested, upon determining the application is complete.
(3)
Failure of any property owner to receive the notice sent under this section does not invalidate any action taken by the Planning Board or Code Enforcement Officer.
§ 181-49.23 Performance standards.
A.
MET towers.
(1)
No person or entity shall construct a MET tower without first receiving a building permit issued by the Code Enforcement Officer.
(2)
Notwithstanding any other provision of this article to the contrary, MET tower height shall not exceed 120 feet.
(3)
Notwithstanding any other provision of this article to the contrary, MET towers are only allowed for up to one year from the date of issuance of the building permit. Failure to remove MET towers upon expiration of the one-year period shall result in enforcement action.
B.
SWES. The Planning Board shall evaluate the SWES application for compliance with the following standards:
(1)
Setbacks: Notwithstanding any other provision of this article to the contrary, the setback shall be 1.1 times (110%) the system height, measured from the center of the tower base to all property lines, any public or private rights-of-way, parking areas for nonresidential uses, any utility easements, and any other SWES.
(a)
SWESs must meet all setbacks for principal structures for the zoning district in which the system is located.
(b)
In the shoreland zone, tower setbacks are measured from the one-hundred-foot setback line from the protected resource.
(c)
Guy wires used to support the tower may be exempted from the SWES setback requirements only as provided in § 181-49.24B.
(d)
Abutting property owners may grant easements to allow SWESs closer than the setback of 110% as provided in § 181-49.24B.
(2)
Tower: The purpose of setting a maximum tower height is to protect abutting property owners and minimize visual impacts, while still allowing SWES owners to reach heights that allow efficient operation of the system.
(a)
Notwithstanding any other provision of this article to the contrary, tower height shall not exceed 120 feet.
(b)
Only monopole-style towers will be allowed except as provided in § 181-49.24A.
(3)
Sound level: Small wind turbine sound levels shall comply with the standards in Chapter 206 of the Standish Town Code.
(4)
Signs: All signs, including flags, streamers and decorative items, both temporary and permanent, are prohibited on the SWES, except for manufacturer identification or appropriate warning signs.
(6)
Aviation: The SWES shall be built to comply with all applicable Federal Aviation Administration regulations, including, but not limited to, 14 CFR Part 77, Subpart B, as may be amended from time to time, regarding installations close to airports.
(7)
Visual impacts: It is inherent that a SWES may pose some visual impacts due to the system height needed to access wind resources. The purpose of this subsection is to reduce the visual impacts, without restricting the owner's access to the optimal wind resources on the property.
(a)
All electrical conduits shall be underground.
(b)
The color of the SWES shall either be the stock color from the manufacturer or painted with a nonreflective, unobtrusive color. Approved colors are white, off-white or gray.
(c)
A SWES shall not be artificially lit unless such lighting is required by the Federal Aviation Administration (FAA). If lighting is required, the applicant shall provide a copy of the FAA determination to establish the required markings and/or lights for the SWES.
(8)
Approved wind generators: The manufacturer and model of the wind generator to be used in the proposed SWES must have been approved by the California Energy Commission or the New York State Energy Research and Development Authority or a similar list approved by the State of Maine, if available.
(9)
Utility connection: If the proposed SWES is to be connected to the power grid through net metering, it shall adhere to Maine Public Utilities Commission Rules, including Chapter 313, as may be amended from time to time.
(10)
Access: The tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of 15 feet above the ground. Lattice or guyed towers shall have no climbable features within 15 feet of the ground. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(11)
Moving parts: A tower-mounted SWES shall not have moving parts, including blades, within 25 feet of the ground. A building-mounted SWES shall not have moving parts, including blades, within 15 feet of the ground.
(12)
Clearing: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the SWES and as otherwise prescribed by applicable laws, regulations, and ordinances, including the Town's Shoreland Zoning Ordinance (Chapter 237 of the Standish Town Code).
(13)
Rotor controls: The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer.
(14)
Multiple towers: Multiple towers will be permitted on a single parcel of land, provided that setback standards can be met and the total rated capacity of the turbines does not exceed 100 kW.
§ 181-49.24 Waivers.
Applicants may request waivers from the following performance standards:
A.
Tower style: The Planning Board may approve, without the need for a variance, tower styles other than monopole towers if the applicant can demonstrate that a monopole tower is not best suited for their location based on a consideration of existing site development and existing natural features on the site.
B.
Setbacks: The Planning Board may approve, without the need for a variance, SWESs closer to property lines than 110% of the total system height, provided that the applicant acquires an access easement on abutting property or properties that includes the land area of 110% of the system height. The Planning Board may approve, without the need for a variance, guy wires used to support the tower within the required setback area only if the applicant can demonstrate that there is no reasonable alternative location for the guy wires on site but outside of the required setback area.
§ 181-49.25 Abandonment.
A.
Upon abandonment or discontinuation of SWES use, the owner shall physically remove the SWES within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Code Enforcement Officer. "Physically remove" shall include, but not be limited to:
B.
Owners of SWESs must submit proof to the Town on an annual basis that the system is operational.
(1)
For SWESs that are connected to the power grid, owners must submit a single monthly statement from the electrical utility provider to the Code Enforcement Officer once a year on the anniversary date of Planning Board approval to prove that the system is operational.
(2)
For SWESs that are not connected to the power grid, owners must submit evidence satisfactory to the Code Enforcement Officer that the system is operational.
C.
In the event that an applicant fails to comply with Subsection B, the system shall be considered abandoned or discontinued if the system is out of service for a continuous twelve-month period. After the 12 months of lack of operation, the Code Enforcement Officer may issue a preliminary notice of abandonment to the owner of the SWES. The owner shall have the right to respond to the preliminary notice of abandonment within 30 days from date of receipt of the notice. After review of the information provided by the owner, the Code Enforcement Officer shall finally determine if the SWES has been abandoned and so notify the owner. If it is determined that the SWES has not been abandoned, the Code Enforcement Officer shall withdraw the preliminary notice of abandonment and notify the owner of the withdrawal.
D.
A Code Enforcement Officer's final determination of abandonment may be appealed to the Board of Appeals as an administrative appeal.
E.
If the owner fails to respond to the preliminary notice of abandonment or if, after review by the Code Enforcement Officer, it is finally determined that the SWES has been abandoned or discontinued, the owner of the SWES shall remove the wind generator and tower at the owner's sole expense within three months of receipt of the preliminary notice of abandonment if there was no response to the same or within three months of the date of the final determination of the Code Enforcement Officer if there was a response to the preliminary notice of abandonment. If the owner fails to physically remove the SWES after the notice of abandonment procedure, the Town may pursue legal action to have the SWES removed at the owner's expense.
§ 181-49.26 Violations; exemptions.
It is unlawful for any person to construct, install, or operate a MET tower or SWES that is not in compliance with this article. SWESs installed prior to the adoption of this article are exempt from the requirements of this article except when modifications are proposed to the SWES.
§ 181-49.30 Purpose.
Solar energy is a renewable and nonpolluting energy resource that can prevent fossil fuel emissions and reduce energy load. Energy generated from solar energy systems can be used to offset energy demand on the grid where excess solar power is generated. The use of solar energy equipment for the purpose of providing renewable energy sources is a priority and is a necessary component of the Town's sustainability agenda. The standards that follow enable the accommodation of solar energy systems and equipment in a safe manner with minimal impacts on the quiet enjoyment of property.
§ 181-49.31 Applicability.
A.
Notwithstanding the provisions of 1 M.R.S.A. § 302 or any other law to the contrary, the requirements of this article shall apply to all solar energy systems modified or installed after December 10, 2019.
B.
All solar energy systems shall be designed, erected, and installed in accordance with all applicable federal, state and local codes, regulations and standards.
C.
Any modification, upgrade, or structural change that materially alters the size, placement or output of an existing solar energy system shall comply with this article.
D.
For purposes of this article, the Town's zoning districts are categorized as follows:
§ 181-49.32 Dimensional requirements.
A.
Height.
(1)
In residential zoning districts, roof-mounted solar energy systems shall be included in the building height measurement, and the height of the building shall not exceed the maximum building height. In nonresidential districts, notwithstanding any other provision of this article to the contrary, roof-mounted solar energy systems shall not be included in the building height measurement.
(2)
In residential districts, ground-mounted solar energy systems shall not exceed 12 feet in height when oriented at maximum tilt, except that the maximum height is 20 feet for systems greater than 30 feet from any property line. Ground-mounted solar energy systems in all other zoning districts shall conform to the building height requirements of the zoning districts in which they are located.
B.
Setbacks for ground-mounted solar energy systems. Notwithstanding any other provision in this article to the contrary, the setbacks for ground-mounted solar energy systems shall be as follows:
§ 181-49.33 Standards for roof-mounted and small-scale ground-mounted solar energy systems.
A.
Roof-mounted and small-scale ground-mounted solar energy systems and equipment shall be permitted only if they are determined by the Code Enforcement Officer, with input from the Fire Chief or his/her designee, not to present any unreasonable safety risks, including, but not limited to the following:
B.
All solar energy system installations shall be installed in compliance with the photovoltaic standards of the latest edition of National Fire Protection Association (NFPA) Fire Prevention Code (NFPA 1).
C.
All wiring shall be installed in compliance with the latest edition of the National Electrical Code (NFPA 70). For ground-mounted systems, all exterior electrical wiring must be buried below the surface of the ground.
D.
Prior to operation, electrical connections must be inspected and approved by the Code Enforcement Officer or his/her designee.
E.
Any connection to the public utility grid must be inspected and approved by the appropriate public utility unless waived by the public utility.
F.
A solar energy system shall be maintained as necessary to ensure that it is operating safely and as designed over its useful life.
G.
If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment by no later than 90 days after the end of the twelve-month period.
§ 181-49.34 Additional standards for medium- and large-scale solar energy systems.
In addition to the standards set forth in § 181-49.33 above, medium- and large-scale ground-mounted solar energy systems shall comply with the following:
A.
Utility connections. Reasonable efforts, as determined by the Planning Board, shall be made to place all utility lines from the solar energy system underground. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
B.
Safety. The solar energy system site plan applicant shall provide a copy of the site plan review application to the Fire Chief for review, and the Fire Chief shall provide written comment on the fire safety of the proposed system to the Planning Board.
C.
Visual impact. Reasonable efforts, as determined by the Planning Board, shall be made to minimize visual impacts by preserving natural vegetation, screening of abutting properties, and protecting scenic resources.
D.
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 solar energy system.
E.
Operations and maintenance plan. The site plan applicant shall provide (and maintain upon site plan approval) an operations and maintenance plan, which shall include measures for maintaining safe access to the installation as well as other general procedures for operational maintenance of the installation.
F.
Signage. Signs on solar energy systems shall comply with all applicable standards in this article, and one sign shall be required, at a minimum, to identify the owner and provide a twenty-four-hour emergency contact phone number.
G.
Emergency services. The owner or operator of a 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 to the Code Enforcement Officer and the Fire Chief for public inquiries throughout the life of the installation.
H.
Installation conditions. The owner or operator of a solar energy system shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, vegetation control 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), unless the road(s) is accepted as a public way.
§ 181-49.35 Removal of medium- and large-scale solar energy systems.
A.
Any medium- or large-scale solar energy system that has reached the end of its useful life or has been abandoned consistent with this article shall be removed. The owner or operator shall physically remove the installation no more than 180 days after the date of discontinued operations. The owner or operator shall notify the Code Enforcement Officer by certified mail, return receipt requested, of the proposed date of discontinued operations and plans for removal.
B.
Decommissioning shall consist of:
(1)
Physical removal of all 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; and
(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.
§ 181-49.36 Abandonment, guarantee of medium- and large-scale solar energy systems.
A.
Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, a medium- or large-scale solar energy system shall be considered abandoned when it fails to generate electricity for more than one year without having first obtained the written consent of the Code Enforcement Officer. Determination of abandonment shall be made by the Code Enforcement Officer.
B.
At the time of approval, the applicant for a medium- or large-scale ground-mounted solar energy system shall submit to the Town a performance guarantee, to be approved by the Town, in the amount of 150% of the estimated demolition cost of the system, such cost to be determined by the Town Planner or other duly designated person. The owner may apply to the Town Planner for release of the guarantee at such time that it or its assigns remove the system and associated abandoned structures, and such completed removal is found to be satisfactory by the Town Planner, in consultation with the Code Enforcement Officer.
C.
If the owner or operator of the medium- or large-scale solar energy system fails to remove the installation in accordance with the requirements of this section within 180 days of abandonment or the proposed date of decommissioning, the Town retains the right to use the performance guarantee and any and all legal or available means necessary to cause an abandoned, hazardous, or decommissioned solar energy system to be removed.
§ 181-50 Code Enforcement Officer.
It shall be the duty of the Code Enforcement Officer of the Town of Standish to enforce the provisions of this Part 1. If the Code Enforcement Officer shall find that any of the provisions of this Part 1 are being violated, he shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order the discontinuance of the illegal use of land, buildings or structures; the removal of illegal buildings or structures or of additions, alterations or structural changes thereto; or the discontinuance of any illegal work being done; or shall take any other action authorized by this Part 1 to ensure compliance with or to prevent violation of its provisions.
§ 181-51 Notice of violation.
When any violation of any provision of this Part 1 shall be found to exist, the Code Enforcement Officer shall notify the municipal officers, who shall then initiate any and all actions to be brought in the name of the Town.
§ 181-52 Violations and penalties.
Any person, firm or corporation being the owner of or having control or use of any building or premises which violates any of the provisions hereof shall be guilty of a misdemeanor and, on conviction thereof, shall be fined not less than $50 nor more than $1,000. Each day such a violation is permitted to exist after notification thereof shall constitute a separate offense. All fines collected hereunder shall inure to the Town of Standish.
§ 181-53 Building permits.
No building, improvement or other structure shall be installed or erected, moved, added to or structurally altered without a permit therefor issued by the Code Enforcement Officer. No building permit shall be issued except in conformity with the provisions of this Part 1, except after written order from the Board of Appeals. The building permit shall be valid for two years from the date of issue. If construction has not been completed within the twenty-four-month period, the permit shall become null and void. If construction has not been completed, a new permit shall be applied for and the fee paid. All building permits heretofore issued shall be subject to the provisions of this section.
§ 181-54 Application for building permit.
All applications for building permits shall be accompanied by plans drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Code Enforcement Officer to determine conformance to and provide for the enforcement of this Part 1.
§ 181-54.1 Verification of setbacks and conformance with required build-to-line.
[Added 6-4-2002 by Order No. 63-02; amended 6-7-2011]
When the plans that are submitted with an application for a major structure or principal addition to a major structure indicate that the proposed building, improvement or other structure will be placed within five feet of the minimum front, rear or side setback dimension appropriate for the lot size and zoning district, the Code Enforcement Officer shall require that:
A.
The applicant will verify and identify every property boundary marker (e.g., pins, granite markings, etc.) for the appropriate front, rear or side lot line; and
B.
The applicant shall lay out the lot line in sufficient detail that the Code Enforcement Officer can verify the setback measurements from the lot line to the front, rear or side line of the footing or line of the proposed building, improvement or other structure.
§ 181-55 Certificates of occupancy.
A.
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof, hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the Code Enforcement Officer and endorsed to the effect that the proposed use of the building or land conforms to the requirements of this Part 1.
B.
The certificate of occupancy shall be issued in conformity with the provisions of this Part 1 upon completion of the work. A temporary certificate of occupancy may be issued by the Code Enforcement Officer for a period of six months during the construction of alterations for partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the health, welfare and safety of the occupants and the public.
C.
The Code Enforcement Officer shall maintain a public record of all certificates of occupancy.
§ 181-56 Building permit for manufactured housing units.
No manufactured housing unit shall be moved to or erected upon a lot without a permit therefor issued by the Code Enforcement Officer. The permit shall be valid for two years from the date of issue. Thereafter, if the manufactured housing unit has not been moved to or erected upon the lot, a new permit shall be applied for.
§ 181-57 Building permit application for manufactured housing unit.
All applications for manufactured housing units shall be accompanied by plans drawn to scale, showing the actual dimensions and shape of the lot which the manufactured housing unit shall be moved or erected upon; the exact sizes and locations on the lot of buildings already existing, if any; and the dimensions of the proposed manufactured housing unit. The application shall include such other information as lawfully may be required by the Code Enforcement Officer to determine conformance to and provide for the enforcement of this Part 1.
§ 181-58 Fees.
All applications for permits shall be accompanied by a fee as set forth from time to time by order of the Town Council.
§ 181-59 Building permit late fee.
Failure to obtain a valid building permit prior to the start of construction shall double the normal fee for the building permit.
§ 181-60 Initiation.
Each zone change proposal may be initiated by application, in writing, by any individual through the Planning Board, or such change may be requested by the Planning Board on its own initiative.
§ 181-61 Written proposal required.
Each proposal to change the zoning shall be made in writing and shall explicitly state the nature, extent and location of the map change proposed and shall be accompanied by:
§ 181-62 Conformance to statutes.
Amendments of this Zoning Ordinance shall conform to the procedural requirements of the statutes of the State of Maine.
§ 181-63 Appointment and composition.
There shall be a Board of Appeals of five members, all of whom shall be residents of the Town of Standish. The members of the Board shall be appointed by the Town Council of the Town of Standish. Terms of members shall be for three years, except that initial appointments shall be such that the terms of office of no more than two members shall expire in any single year. The members of the Board shall annually elect a Secretary and Chairman, who shall provide for the keeping of the minutes of the proceedings of the Board of Appeals, which shall show the vote of each member upon each question. All minutes of the Board shall be public record. A quorum shall consist of three members.
§ 181-64 Powers and duties.
A.
Appeals shall lie from the decision of the Code Enforcement Officer to the Board of Appeals and from the Board of Appeals to the Superior Court according to the provisions of the Maine Revised Statutes. Applicants must have legal standing, as determined by the Zoning Board of Appeals, for an application to be heard. The Board of Appeals shall have the following powers and duties:
(1)
Administrative appeals. To hear and decide where it is alleged there is an error in any order, requirement, decision or determination made by the Code Enforcement Officer in the enforcement of this Part 1 only. The action of the Code Enforcement Officer may be modified or reversed by the Board of Appeals, by concurring vote of the majority of the quorum of the Board.
(2)
Special exceptions. To hear and decide only those special exceptions which are authorized by this Part 1 and which are specifically listed in the various zoning districts as special exceptions, and to act on applications for the enlargement of nonconforming uses, which shall be treated as special exceptions; to decide such questions as are involved in determining whether such special exceptions should be granted, and by majority vote to grant such special exceptions with such conditions and safeguards as are appropriate under this Part 1, or to deny such special exceptions when not in harmony with the purposes and intent of this Part 1.
(a)
The petitioner shall submit seven copies to the Board of statements in writing, which may be accompanied by diagrams and/or photographs which shall become part of the record of such petition, demonstrating the following:
[Amended 2-13-2007 by Order No. 185-06]
[1]
The proposed use will not create or aggravate hazards to vehicular or pedestrian traffic on the roads and sidewalks, both off-site and on-site, serving the proposed use as determined by the size and condition of such roads and sidewalks, lighting, drainage, and the visibility afforded to pedestrians and the operators of motor vehicles on such roads;
[2]
The proposed use will not cause water pollution, sedimentation, erosion, contaminate any water supply nor reduce the capacity of the land to hold water so that a dangerous or unhealthy condition results;
[3]
The proposed use will not create unhealthful conditions because of smoke, dust, or other airborne contaminants;
[4]
The proposed use will not create nuisances to neighboring properties because of odors, fumes, glare, hours of operation, noise, vibration or fire hazard or unreasonably restrict access of light and air to neighboring properties;
[5]
The proposed waste disposal systems are adequate for all solid and liquid wastes generated by the use; and
[6]
The proposed use will not result in damage to spawning grounds, fish, aquatic, life, bird, or other wildlife habitat, and, if located in a shoreland zone, will conserve:
[7]
The proposed use has no unusual characteristics atypical of the generic use, and the proposed use will not depreciate the economic value of surrounding properties based upon evidence provided by a Maine licensed real estate broker or appraiser.
B.
Variance appeals from dimensional standards.
[Amended 2-14-2012 by Order No. 138-11]
(1)
The Board of Appeals may grant a variance from the dimensional standards of a zoning ordinance when strict application of the ordinance to the petitioner and the petitioner's property would cause a practical difficulty and when the following conditions exist:
(a)
The need for a variance is due to the unique circumstances of the property and not to the general condition of the neighborhood.
(b)
The granting of a variance will not produce an undesirable change in the character of the neighborhood and will not unreasonably detrimentally affect the use or market value of abutting properties.
(c)
The practical difficulty is not the result of action taken by the petitioner or a prior owner.
(d)
No other feasible alternative to a variance is available to the petitioner.
(e)
The granting of a variance will not unreasonably adversely affect the natural environment.
(f)
The property is not located in whole or in part within shoreland areas as described in 38 M.R.S.A. § 425.
(2)
As used in this section, "dimensional standards" means and is limited to ordinance provisions relating to lot area, lot coverage, frontage and setback requirements.
(3)
As used in this section, "practical difficulty" means that the strict application of the ordinance to the property precludes the ability of the petitioner to pursue a use permitted in the zoning district in which the property is located and results in significant economic injury to the petitioner.
C.
Disability variances. Notwithstanding § 181-64B above or § 181-64D below, the Board of Appeals may grant a variance to an owner of a residential building for the purpose of making that dwelling accessible to a person with a disability who resides in or regularly uses the dwelling. The Board shall restrict any variance granted under this subsection solely to the installation of equipment or the construction of structures necessary for access to or egress from the dwelling by the person with the disability. The Board may impose conditions on the variance, including limiting the variance to the duration of the disability or to the time that the person with the disability lives in the dwelling. The term "structures necessary for access to or egress from the dwelling" shall include railing, wall or roof systems necessary for the safety or effectiveness of the structure.
[Added 2-14-2012 by Order No. 138-11[1]]
[1]
Editor's Note: This order also redesignated former Subsection C as Subsection E.
D.
Variances other than dimensional or disability variances. A variance other than a dimensional or disability variance, or a variance for property that is located in whole or in part within shoreland areas, as described in 38 M.R.S.A. § 435, shall only be granted when strict application of this Part 1 or any provision thereof to the petitioner's property would cause undue hardship. No variance shall be granted hereunder for establishment or expansion of a use otherwise prohibited. The words "undue hardship" mean that the Board shall have determined that the following criteria have been met:
[Added 2-14-2012 by Order No. 138-11]
(1)
That the land in question cannot yield a reasonable return unless a variance is granted;
(2)
That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;
(3)
That the granting of a variance will not alter the essential character of the locality; and
(4)
That the hardship is not the result of action taken by the petitioner or a prior owner.
E.
The Board of Appeals shall schedule meetings once a month. The Board shall not be required to hold a meeting if no appeals are pending at the schedule date.
§ 181-65 Conflicts of interest.
Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon shall be decided by a majority vote of the members, except the member who is being challenged.
§ 181-66 Criteria to be considered in hearing appeals.
In granting appeals under this article, the Board of Appeals may impose such conditions as it deems necessary in furtherance of the intent and purpose of this Part 1.
§ 181-67 Appeal procedure.
A.
In all cases, a person aggrieved by a decision of the Code Enforcement Officer shall commence his appeal in accordance with the Maine Revised Statutes within 30 days of the decision. The appeal shall be filed with the Town Clerk on forms to be approved by the Board, and the aggrieved person shall specifically set forth on said form the grounds for said appeal.
[Amended 6-6-2006 by Order No. 54-06]
B.
Before taking action on any appeal, the Board of Appeals shall hold a public hearing. In appeals involving special exceptions, the Board of Appeals shall notify by mail the owners of all property within 250 feet of the property involved of the nature of the appeal and of the time and place of the public hearing thereon.
C.
In the case of administrative or variance appeals or interpretation, the Board of Appeals shall notify by mail only the owners of property abutting the property for which an appeal is taken of the nature of the appeal and of the time and place of the public hearing thereon.
D.
Fees to cover the administrative costs of appeals shall be set by the municipal officers annually.
E.
For the purposes of this section, the owners of property shall be considered to be the parties listed by the Assessor of Taxes for the Town of Standish as those against whom taxes are assessed. Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action by the Board of Appeals.
F.
Following the filing of an appeal, the Board of Appeals for the Town of Standish shall notify forthwith the Code Enforcement Officer and the Planning Board, and the appeal shall be in order for hearing at the next meeting of the Board of Appeals following, by at least 10 days, the mailing of notices.
G.
The Code Enforcement Officer or his designated assistant shall attend all hearings and may present to the Board of Appeals all plans, photographs or other material he deems appropriate for an understanding of the appeal.
H.
The appellant's case shall be heard first. To maintain orderly procedure, each side shall proceed without interruption. Questions may be asked through the Chair. All persons at the hearings shall abide by the order of the Chairman.
I.
A right of appeal under the provisions of this Part 1 secured by vote of the Board of Appeals shall expire if the work or change involved is not commenced within six months of the date of which the appeal is granted and if the work or change is not substantially completed within two years of the date on which such appeal is granted.
J.
If the Board of Appeals shall deny an appeal, a second appeal of a similar nature shall not be brought before the Board within one year from the date of the denial by the Board of the first appeal, unless in the opinion of a majority of the Board substantial new evidence shall be brought forward or unless the Board finds, in its sole and exclusive judgment, that an error or mistake of law or misunderstanding of facts shall have been made.