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Topsham City Zoning Code

ARTICLE IV

Establishment of Zones

§ 225-11 Establishment of zones.

[Amended 5-17-2000 STM, Art. 15]
For the purpose of this chapter, the Town is hereby divided into the following zones:
Zones.
Urban Residential Zones, to be known as "R-1 Zones." The objective for the Urban Residential Zones is to provide for the maintenance and increased liveability of the existing densely built-up areas of the Town and for areas where a limited amount of high-density housing can be constructed. The Urban Residential Zones provide areas of compact development that foster cohesive neighborhoods close to community services.
Suburban Residential Zones, to be known as "R-2 Zones." The objective for the Suburban Residential Zones is to provide for medium-density housing on public water and sewer or where public water and sewer would be provided eventually. This zone is the transition area between the Urban Residential and the Rural Residential Zones. Two-family dwelling units are permitted in this zone with a smaller lot size if served by public water and sewer.
Rural Residential Zones, to be known as "R-3 Zones." The objective of the Rural Residential Zones is to provide for low-density housing with the intention of preserving valuable open space, including agricultural and forest lands, recreation lands and viewsheds. Public water and sewer will not be expanded into this district in order to encourage low-density development. This area is geographically located next to many of the most important natural resource areas that should be protected by the town.
Commercial Corridor Zones, to be known as "CC Zones." The objective of the Commercial Corridor Zones is to create a tree-lined commercial corridor with developments portraying smaller-scale commercial development than is found in the Mixed-Use Commercial (MUC) Zone. Architectural and landscape design guidelines will foster higher-quality development and improve this public face of Topsham.
Rural Commercial Use Zones, to be known as "RCU Zones." The objective of the Rural Commercial Use Zones is to protect the rural character of these areas while allowing a range of development to create a mixed-use, farmland and forested gateway to Topsham. A range of professional and commercial uses should be encouraged in these zones, but the uses should not be dependent on high visibility or be highly illuminated. Residential development should be clustered and well screened from roads and view corridors.
Mixed-Use Limited Zones, to be known as "MUL Zones." The objective of the Mixed-Use Limited Zones is to protect the rural character of the Coastal Connector corridor while allowing a range of mixed residential and commercial development to create an attractive gateway to Topsham.
Mixed-Use Commercial Zones, to be known as "MUC Zones." The objective of the Mixed-Use Commercial Zones is to provide for a mixed-use district that can absorb new growth in the town. Because of the high visibility and accessibility of the area, commercial franchises, big box retail and office complexes should be encouraged to locate here. Design guidelines should be established to guide development and improve the aesthetics of the zones.
Lower Village Zones, to be known as "LV Zones." The objective of the Lower Village Zones is to provide for an area that is a dense, mixed-use pedestrian-scaled historic village. Development should be a village scale with an historic appearance.
Middle Village Zones, to be known as "MV Zones." The objective of the Middle Village Zones is to provide for a village/residential scaled mixed-use area with strict parking and landscaping standards. The overall goal is to maintain the current character of this area while closely monitoring renovations and changes in use to ensure that they fit with this goal.
Main Street Residential, to be known as the "R4 Zone." The objective of the R4 Zone is to provide an area of higher density residential development, in close proximity to small-scale mixed-used developments and civic uses, such as schools. The area should accommodate future growth of residential and accessory type uses that complement and are compatible with the adjacent business and civic uses. The R4 Zone is made up of four distinct areas. Two are intended as residential areas with densities and housing costs (10% affordable housing is desired outlined in the Topsham Annex Reuse Plan), the third is intended for recreational uses as depicted on the approved Topsham Annex Master Reuse Plan and the fourth area is not included in the Annex Reuse Master Plan and is subject to the standards in the Table of Dimensional Requirements.
[Amended 5-20-2009 STM, Art. 15]
Industrial Zones, to be known as "I Zones." The objective of the Industrial Zones is to provide areas for light and heavy manufacturing.
Mixed-Use Commercial One Zone, to be known as the “MUC-1 Zone." The objective of the Mixed-Use Commercial One Zone is to provide an area where high quality, mixed-use development can occur in a manner that is compatible with the existing natural environment while protecting adjacent residential areas. A wide range of commercial and nonresidential uses as well as residential uses should be allowed in this zone. The character of retail uses in the MUC-1 should be different from development in the MUC Zone. The size of individual retail uses as well as the overall share of development that involves retail activity should be limited. Very large-scale retail uses should not be allowed in this zone and medium-size retail uses should be allowed only as part of a planned mixed-use development.
[Added 5-24-2007 STM, Art. 15]
Business Park Zone, to be known as the "BP Zone." The objective of the BP Zone is to provide an area for the development of a business park to accommodate the growth of office, research, service, light manufacturing, and similar uses in a well-planned environment with access to public water and sewer service and the arterial road system. Because of the high visibility of the district, the district standards should assure that all development is buffered from I-295 and adjacent residential uses.
[Added 5-24-2007 STM, Art. 15]
Commercial Corridor Route 196 Zone, to be known as the "CC 196 Zone." The objective of the CC 196 Zone is to provide an area to accommodate the growth of office, research, service, light manufacturing, and similar uses as an extension of the Business Park Zone while allowing small retail uses and motor vehicle sales and service in a way that maintains the livability of the area for existing residential uses.
[Added 5-24-2007 STM, Art. 15]
The Village Center Zone, to be known as the "VC Zone." The objective of the Village Center Zone is to provide for civic and mixed-use development opportunities, while utilizing buildings and streetscape components to define Main Street and promote a pedestrian friendly environment. New or renovated buildings shall be designed in a New England style in keeping with historic character of the Middle Village and recent developments in the Lower Village. Shared driveways and parking, limited curb cuts, new sidewalks and streetscaping, crosswalks, signage and other amenities will create a safe pedestrian environment.
[Added 11-13-2008 STM, Art. 8; amended 5-20-2009 STM, Art. 15]
The Limited Industrial Zone, to be known as the "LI Zone." The intent of the Limited Industrial District is to create more flexibility for existing businesses, while minimizing the impact on the adjacent educational and residential uses with appropriate performance and dimensional standards. New or renovated buildings shall be designed with an attractive facade articulated to break up the scale and massing of the buildings, particularly along Rt. 201, reinforcing the concept of a Main Street running from the Androscoggin River to the I-295 overpass.
[Added 11-13-2008 STM, Art. 8; amended 5-20-2009 STM, Art. 15]
Business Park 2, to be known as "BP2 Zone." The objective of the BP2 Zone is to allow for a level of business, commercial and office development that will be compatible with the adjacent higher density residential zone and the adjacent civic uses. The area is that portion of the Topsham Annex referred to as the "Military Triangle" in the Topsham Annex Master Reuse Plan.
[Added 5-20-2009 STM, Art. 15]
Residential 2 — Business Zone, to be known as "R2B Zone." The objective of this zone is to allow limited commercial opportunities for the existing uses with frontage on Route 196, which addresses the commercial marketability of the parcels, and ensures that residential abutters are protected through appropriate development standards.
[Added 5-20-2015 STM, Art. 12]
Overlay districts.
Historical Zone, to be known as "H District."
Shoreland Zone, to be known as "S District."
Aquifer Protection Zone, to be known as "AP District."
Development Transfer Overlay Zone to be known as the "DTO District."
[Added 5-19-2010 STM, Art. 11]
Vernal Pools Overlay District to be known as the “VPO District.”
[Added 5-18-2016 STM, Art. 14]

§ 225-12 Rules governing zone boundaries.

[Amended 5-15-2002 STM, Art. 18; 7-2-2020 STM, Art. 10]
Where uncertainty exists as to the boundaries of zones as shown on the Official Zoning Map the following rules shall apply:
Boundaries indicated as approximately following the center lines of streets, highways, alleys, railroad rights-of-way, rivers or streams shall be construed to follow such center lines.
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
Boundaries indicated as approximately following Town limits shall be construed as following Town limits.
Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shorelines.
Sources for the exact delineation of the special flood hazard areas shall be the Topsham Flood Hazard Boundary Map and the Brunswick Flood Insurance Study.
Sources for the exact delineation of the Aquifer Protection Zone shall be Zones 1 and 2 as delineated in the February 25, 1994, report entitled "Hydrogeology of the Jackson, Taylor and Williams Stations Aquifer in Topsham and Brunswick, Maine" prepared by Caswell, Eichler, and Hill, Inc.
Boundaries indicated as parallel to or extensions of features indicated in Subsection A(1) through (4) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or other circumstances not covered by Subsections A through D above, the Board of Appeals shall interpret the zone boundaries.