Waterville City Zoning Code
ARTICLE IV
General Performance Standards
§ 275-4.1 Conformity; divided lots; aviation clearances.
A.
Conformity to requirements of zoning ordinance.
(1)
No building or structure shall be erected, altered, enlarged, moved or used, and no land shall be used except in conformity to the requirements of this chapter. Any use not specifically listed or otherwise permitted in a district shall be deemed prohibited.
(2)
The provisions of this chapter apply equally to all uses of land and to all buildings and structures. The provisions of this chapter apply to all departments of the City of Waterville and apply to any quasi-municipal corporation such as, but not limited to, the water, sewer and sewerage treatment corporations. The permit fees set forth in this chapter and the application fees and performance guarantees set forth in Articles V and VI of Chapter 244, Subdivision of Land; Site Plan Review, of the City Code do not apply to the City of Waterville and quasi-municipal corporations.
B.
Division of lots by zoning. Except in the shoreland zone, where a zoning district boundary line divides a lot or parcel of land of the same ownership of record, at the time such line is adopted, the regulations applicable to the less restrictive portion of such lot or parcel may apply to the other portion of the lot. However, no commercial or industrial use shall be expanded or extended into any residential zone.
C.
Aviation clearances. No part of any new structure or planting shall be allowed to protrude into the air sufficiently to interfere with aviation requirements of the Waterville Robert LaFleur Municipal Airport as determined by the FAA criteria applicable to the current airport development plans as submitted and approved by the FAA.
§ 275-4.2 Nonconforming uses.
A.
Uses permitted.
(1)
The use of land, a building or structure, lawful at the time of the effective date of Ordinance No. 2-1971 and subsequent amendments, may be continued although such use does not conform with the provisions of this chapter.
B.
Discontinuance of nonconforming use. A nonconforming use which is discontinued or is changed to a conforming use for a period of one year may not be resumed as nonconforming. The uses of the land, building or structure thereafter shall conform with the requirements for the zone.
C.
Rule of precedence. Whenever a nonconforming use is superseded by a permitted use of a structure, or structure and land in combination, such structure or combination of land and structure shall thereafter conform to the requirements of the district and the nonconforming use may not thereafter be resumed.
D.
Transfer of ownership. Ownership of land and structures which remain lawful but become nonconforming by the passage of this chapter or any amendment thereto may be transferred, and the new owner may perpetuate the nonconforming uses, subject to the regulations herein.
E.
A legal nonconforming use of land, a building or structure which is partially or totally destroyed by fire or other disaster, or voluntarily removed with the intention of replacing with another structure, may be resumed within a year of the time of such loss.
F.
The Code Enforcement Officer may issue a permit for the following modifications to existing lawful nonconforming land, buildings and structures. Modifications to nonconforming land, buildings and structures in the shoreland area shall be in conformance with the provisions of § 275-4.27, Subsection H, Shoreland performance standards, and Subsection K, Nonconformance.
(1)
Expansion of the floor area in nonconforming use within an existing structure.
(2)
Structural alteration and addition to a building in nonconforming use or exceeding maximum lot coverage restrictions, provided that the addition meets all building and parking setback requirements.
(3)
Increase in the area of land in nonconforming use.
G.
The Zoning Board of Appeals may allow a conforming use to expand into a zone where it would be nonconforming, provided that:
(1)
No structure or land use which would be nonconforming shall extend more than 50 feet into the Resource Protection District. However, within the shoreland zone, no expansion is allowed;
(2)
The expansion conforms to the requirements of § 275-4.1B and is on land which is adjacent to and contiguous with the conforming use at the time of adoption of this chapter;
(3)
The expansion is the same use as the conforming use; and
(4)
The Zoning Board of Appeals may require appropriate conditions and safeguards as to the use of the land.
H.
Any legal nonconforming use of a structure or structure and premises may be changed to another nonconforming use, provided that the Zoning Board of Appeals finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Board of Appeals may impose appropriate conditions and safeguards in accordance with the provisions of this chapter. With respect to such changes in shoreland areas, the Zoning Board of Appeals must find that the proposed use is in conformance with the provisions of § 275-4.27K(1)(g), Change of use of a nonconforming structure.
I.
Nonconformance by reason of lack of required off-street parking or off-street loading space. A building or structure which is nonconforming as to the requirements for off-street parking space shall not be enlarged or altered to create additional dwelling units, seats, floor area or accommodations, unless required off-street parking is provided for such addition or enlargement. A building which is nonconforming as to the requirements for off-street loading space shall not be enlarged unless off-street loading space is provided sufficient to satisfy the requirements of this chapter for both the addition and the original building.
J.
Nonconforming lots of record.
(1)
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record established and recorded before July 6, 1971, without the need for a variance, provided that:
(a)
Such lot is in separate ownership and not contiguous with any other lot in the same ownership;
(b)
All provisions of this chapter can be met, except for lot area, lot width, road frontage and shore frontage; and
(c)
Such lot has a minimum of 5,000 square feet of lot area and a minimum of 50 feet of road frontage.
(3)
Variances relating to yard setback, shoreline setback or other dimensional requirements not related to lot area, lot width, road frontage or shore frontage shall be obtained only through action of the Zoning Board of Appeals upon finding that the variance requirements contained in § 275-6.2E(4) have been met. (See the provisions for septic systems.)
K.
Contiguous lots in common ownership.
(1)
Side-by-side lots. If two or more nonconforming contiguous lots in common ownership having continuous frontage are of record at the time of adoption of this chapter, such lands shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of such parcel shall be used or sold not in compliance with the requirements for lot width, frontage and area stated in this chapter. See § 275-6.2E(4)(d)[2].
(2)
Back-to-back lots. If two or more nonconforming contiguous lots in common ownership do not have frontage on the same street, they may be divided, provided that they are lots of record established and recorded before July 6, 1971, and each lot has an area of at least 10,000 square feet.
§ 275-4.3 Access to property.
[Amended 5-20-2025 by Ord. No. 101-2025]
A.
Each property shall be provided with vehicular access from abutting private or public ways. Private rights-of-way shall be protected by permanent easements.
B.
The proliferation of access points from developments to public ways causes traffic hazards and congestion. Therefore, in congested areas, the Planning Board may require the developer to dedicate a fifty-foot-wide strip of land adjacent to the public way for controlled access and landscaping. This strip, which shall run along the entire road frontage of the parcel to be developed, shall be constructed in accordance with minimum City street standards and shall connect in a proper fashion with the roadways of adjoining developments. Access roadways shall not be considered part of the required setback.
(1)
The developer shall file with the City a performance guarantee in an amount sufficient to defray the cost of improving the fifty-foot-wide strip for marginal landscaping or vehicle access. The condition and amount of the performance guarantee shall be determined by the Planning Board with the advice of the City Engineer, Director of Public Works, municipal officers and/or City Solicitor.
(2)
The City reserves the right to select areas within the fifty-foot-wide marginal access for the placement of signs and traffic directional signs.
(3)
The City reserves the right to designate all ingress and egress points to the public or private way from the fifty-foot-wide marginal access as may be needed to meet current and future traffic control needs.
C.
Residential driveways which are less than 500 feet in length and serve no more than two dwelling units shall have an average slope of 8% or less within 50 feet of the point of intersection with a public or private street. The angle of intersection between the driveway and the public or private street shall be 60° or more.
D.
The following criteria shall be followed for driveways to any use other than single- and two-family dwellings. Driveways providing access to, from or within multifamily and commercial, industrial or institutional developments must meet the street standards in Chapter 244, Subdivision of Land; Site Plan Review, unless waived by the Planning Board.
(1)
No access drive or driveway or other means of ingress or egress shall be located in any residential zone to provide access to uses other than those permitted in that residential zone.
(2)
All entrance and exit driveways shall be located and designed in profile and grade to afford safety to traffic, provide for safe and convenient ingress and egress and minimize conflict with the flow of traffic. Driveways shall not have an average slope in excess of 8% within 50 feet of the point of intersection.
(3)
The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated to be attracted daily to the development for which a site plan is prepared.
(4)
Provision shall be made for convenient and safe emergency vehicle access to all buildings and structures at all times.
(5)
Exit driveway.
(a)
Any exit driveway or lane shall be so designed in profile and grade and so located as to provide the following minimum sight distance measured in each direction. The measurements shall be from the driver's seat of a vehicle standing on that portion of the exit with the front of the vehicle a minimum of 10 feet on the curbline or edge of shoulder, with the height of the eye 3.75 feet to the top of an object 4.5 feet above the pavement.
Allowable Speed (mph) | Required Sight Distance (feet) |
|---|---|
25 | 160 |
35 | 240 |
40 | 275 |
45 | 325 |
50 | 350 |
55 | 425 |
(b)
Unless the Board waives this requirement, the developer shall provide the Planning Board with a letter from a licensed professional engineer stating that the driveway not only provides the above minimum sight distance, but also meets the standards of the American Association of State Highway and Transportation Officials (AASHTO). The developer shall also provide the Board with a letter from the City Engineer to the effect that the driveway meets these sight distance standards.
(6)
Where a site occupies a corner of two intersecting roads, no driveway entrance or exit shall be located within 50 feet of the point of tangency of the existing or proposed curb radius of that site.
(7)
Where two or more driveways on a single site connect to any one road, a minimum clear distance of 100 feet measured along the right-of-way shall separate the closest edges of any two such driveways. If one driveway is two-way and one is a one-way driveway, the minimum distance shall be 75 feet.
(8)
Angles. Driveways used for two-way operation shall intersect the road at an angle of 90° or as near 90° as site conditions will permit, and in no case less than 60°. Driveways used by vehicles in one direction of travel (right turn only) shall not form an angle smaller than 45° with the road.
(9)
Dimensions. The dimensions of driveways shall be designed to accommodate adequately the volume and character of vehicles anticipated to be attracted daily to the development. The required maximum and minimum dimensions for driveways are indicated below. Driveways serving large volumes of traffic or more than 15% truck traffic shall be required to utilize high to maximum dimensions.
Driveway* Width (feet) | ||
|---|---|---|
One-Way Operation | Two-Way Operation | |
3 to 9 dwelling units | 10 to 15 | 15 to 25 |
10 dwelling units or over | 15 to 25 | 20 to 35 |
Commercial and industrial | 15 to 30 | 25 to 35 |
* | All driveways shall be five feet wider at the curbline and this additional width shall be maintained for a distance of 20 feet into the site. |
(10)
Grades. Driveways shall not have grades in excess of 15% over the entire length. Driveways onto arterials shall not have grades in excess of 5% for the first 25 feet from those arterials unless approved by the Planning Board. In addition, driveways shall not be located where visibility is limited because of curves or topography.
(11)
Acceleration lanes. Where a driveway serves right-turning traffic from a parking area providing 200 or more parking spaces and the road has an ADT volume exceeding 7,500 vehicles, an acceleration lane shall be provided which is at least 200 feet long and at least 10 feet wide measured from the curbline. A minimum 35-foot curb return radius shall be used from the driveway to the acceleration lane.
(12)
Deceleration lanes. Where the same conditions exist as in Subsection D(11) above and a driveway serves as an entrance to a development, a deceleration lane shall be provided for traffic turning right into the driveway from the road. The deceleration lane shall be at least 200 feet long and at least 10 feet wide measured from the road curbline. A minimum 35-foot curb return radius shall be used from the deceleration lane into the driveway.
(13)
Stacking or queuing space standards for drive-through businesses. Stacking or queuing spaces shall be located on-site and shall not be located within the required parking setbacks. Stacking or queuing spaces shall not interfere with the stall and aisle space requirements as described in the off-street parking and loading requirements, § 275-4.23, and may not block fire doors.
(a)
Banks or other commercial uses. There shall be a minimum of eight spaces for the first drive-in window and two spaces for each additional window.
(b)
Drive-through restaurant. Unless otherwise approved by the Planning Board, there shall be 11 spaces for the drive-up window, with a minimum of five of those spaces for the ordering station. In addition, wherever possible, there shall be an escape lane for those wishing to exit the drive-through before ordering. The Planning Board shall have the authority to modify the required number of drive-through spaces and number of spaces required for the ordering station based upon project-specific conditions.
(14)
All driveways shall be set back a minimum of five feet from side and rear property lines.
§ 275-4.4 Air emissions.
The emission of odorous or toxic matter in such quantities as to be readily detectable at any point along lot lines so as to produce a public nuisance or hazard is prohibited. Such activities will comply with applicable minimum federal, state and local requirements, and detailed plans shall be submitted to the Code Enforcement Officer for approval before a permit is granted. Violations of this standard shall be considered public nuisances.
§ 275-4.5 Animal husbandry and boarding kennels.
[Amended 5-20-2025 by Ord. No. 101-2025]
A.
Animal husbandry and boarding kennels as defined in this chapter shall require a lot area of at least five acres. See § 275-4.33, Chickens, for the exception to this requirement.
B.
Structures or pens for housing or containing the animals (such as but not limited to chicken coops, barns, stables or dog runs) shall be located not less than 500 feet from the nearest residence existing at the time of permit issuance (other than the dwelling on the same lot).
C.
All pens, runs, or kennels and other facilities shall be designed, constructed and located on the site in a manner that will minimize adverse effects upon the surrounding properties. Among the factors that shall be considered are the relationship of the use to the topography, natural and planted horticultural screening, the direction and intensity of the prevailing wind, the relationship and location of the residences and public facilities on nearby properties and other similar factors.
D.
The owner or operator of a use approved under these standards shall maintain the premises in a clean, orderly and sanitary condition at all times. No garbage, feces or other waste material shall be allowed to accumulate on the premises.
E.
Temporary storage containers for any kennel wastes containing or including animal excrement shall be kept tightly covered at all times and emptied not less frequently than once every four days. Such containers shall be made of steel or plastic to facilitate cleaning, and shall be located in accordance with the setbacks required for outdoor runs.
F.
All enclosed kennels shall be constructed of materials to provide for cleanliness, ease of maintenance and noise control.
G.
Outdoor dog runs shall be completely fenced and shall be paved with cement, asphalt or similar material to provide for cleanliness and ease of maintenance.
H.
Any incineration device for burning excrement-soaked wastepapers and/or animal organs or remains shall be located in accordance with the setbacks required for outdoor runs and shall have chimney vents not less than 35 feet above the average ground elevation. The applicant shall also provide evidence that he has obtained approval from the Maine Department of Environmental Protection for the proposed incinerator, and that it meets state standards for particulate emissions, flue gas temperature and duration of required flue temperatures.
I.
Animal husbandry shall be conducted according to acceptable agriculture practices as established and determined by the Maine Department of Agriculture, Conservation and Forestry.
J.
All other relevant "good neighbor" performance standards in this chapter (such as but not limited to noise and odor) shall be observed.
§ 275-4.6 Automobile businesses.
[Amended 5-20-2025 by Ord. No. 101-2025]
A.
Application. Any person desiring to construct, convert or alter any new or existing structure for use as an auto repair garage, car wash, convenience store with gas pumps or auto service station shall make application to the Planning Board for a permit. (See the definitions of "auto repair garage," "auto service station" and "automobile business" at § 275-3.2, Additional definitions.)
B.
Required information. The application for the use permit shall contain the following information:
(1)
Site plan in accordance with that required for building permits.
(2)
The location of the premises, the building or buildings and structures thereon, or to be constructed thereon.
(3)
The width of the street or streets upon which said premises abut.
(4)
The location and present use of all buildings within 200 feet of the boundary lines of the premises for which the use permit is desired.
(5)
The manner in which car-wash waste, drainage and stormwater, as well as petroleum products, are to be disposed of.
(6)
The location of street entrances to, exits from and driveways on the premises, and the precise location of all tanks, pumps, lifts and other fixed equipment and appurtenances.
(7)
The site plan also shall show, and there shall be constructed and maintained, a landscaped island at least five feet wide, extending across the front and any other street line abutting the public sidewalk, and no motor vehicles, signs or other objects or devices shall be parked or placed upon or permitted to obstruct any public sidewalk area.
C.
Regulations. Except where so indicated, every auto repair garage, car wash, convenience store with gas pumps and auto service station, the premises whereon the same are situated, and the use thereof shall be subject to and comply with the following restrictions and regulations:
(1)
On any premises upon which there is located an auto repair garage, car wash or auto service station, all services or repairs to motor vehicles shall be conducted within the confines of a building. However, the sale and supply of oil and gasoline, the inspection and filling of tires and batteries and other services customarily incidental to the sale of gasoline, oil and automobile supplies and accessories, which do not include repairs, installations and replacements, may be conducted outside.
(2)
Any person covered by the provisions of § 275-4.13, Fire and explosive hazards, may apply for a permit to erect aboveground containers for liquefied petroleum gases and flammable and combustible liquids. An application for a permit for an aboveground container must be submitted to the Code Enforcement Officer. Plans must conform to the current NFPA Standard 30 or 58, whichever is applicable, and the Fire Chief must certify conformity to said standards on the face of the plan.
(3)
Every gasoline or oil tank, pump or filling appliance which is situated or erected out of doors shall be located at least 15 feet from any street line and at least 10 feet from the side and rear line of the premises whereon the same is situated. No gasoline pump shall be located or permitted within any enclosed or semi-enclosed building.
(4)
Lighting situated on or directed upon auto repair garages, car washes, convenience stores with gas pumps or auto service stations shall be only by floodlights which are adjusted so that the light therefrom does not shine on any street or residential property. Such floodlights shall be extinguished when those businesses are not in operation. Security lights may be used after closing time, provided the illumination therefrom does not extend beyond the premises.
§ 275-4.7 Bed-and-breakfast inns.
A. BED-AND-BREAKFAST INN(1) (2)
Definition. As used in this section, the following term shall have the meaning indicated:
An owner-occupied single-family dwelling in which the residents of the property provide short-term overnight lodging to paying guests in rooms located within the dwelling or permitted attached structures. The inn shall function like a private home with house guests.
Bed-and-breakfast inns are allowed in commercial zones and in residential zones which allow home occupations. In residential zones, bed-and-breakfast inns are subject to § 275-4.16, Home occupations, in addition to the regulations below.
Breakfast shall be the only meal served and shall be served only to overnight guests. Commercial kitchens and provisions for cooking in guest rooms are prohibited. A victualler's license is required.
B.
The application for approval of a bed-and-breakfast inn shall include a scale drawing of the lot showing the location of existing buildings, existing and proposed parking and existing or proposed sewage disposal systems.
C.
There shall be no less than one parking space for each rental room in addition to the spaces required for the dwelling unit.
D.
There shall be one bathroom provided for the rental rooms, in addition to the bathroom for the dwelling unit.
E.
Each rental room shall have not less than 120 square feet.
F.
Each rental room, stairwell and hallway on each level shall be equipped with a ULC-approved smoke detector.
§ 275-4.8 Camping or recreational equipment.
A.
Camping or recreational equipment includes travel trailers, pickup coaches, camping trailers, motor homes, boats and trailers. Equipment shall not exceed 30 feet in length.
B.
Any owner of camping or recreational equipment may park or store such equipment on private residential property, subject to the following conditions:
(1)
At no time shall such parked or stored camping or recreational equipment be occupied or used for living, sleeping or housekeeping purposes.
(2)
If the camping or recreational equipment is parked or stored outside of a garage, it shall be parked or stored at least 10 feet from all side or rear boundary lines and suitably screened.
(3)
Notwithstanding the provisions of Subsection B(2), camping and recreational equipment may be parked anywhere on the premises for loading or unloading purposes.
(4)
The Zoning Board of Appeals may grant a variance to the setback requirements of Subsection B(2) if it finds that the variance requirements of § 275-6.2E(4) have been met.
(5)
No major recreational equipment shall be stored outside of a garage on residential property unless it is in condition for safe and effective performance of the function for which it is intended or can be made so at a cost not exceeding the value of the equipment in its existing state. In no case shall any such equipment be so stored for a period of more than six months if not in condition for safe and efficient performance of the function for which it is intended.
§ 275-4.9 Campgrounds.
[Amended 5-20-2025 by Ord. No. 101-2025]
A.
A campground is land accommodating one or more tents or recreational vehicles or other shelters for temporary dwelling use on sites arranged specifically for that purpose.
B.
No recreational vehicle or tent shall be used for temporary dwelling except in an approved campground.
C.
The following minimum standards apply:
(1)
Campgrounds shall provide water and sewerage systems, sanitary stations and convenience facilities in accordance with the regulations set forth by the Maine Department of Health and Human Services.
(2)
Campgrounds shall contain a minimum of 5,000 square feet (not including roads and driveways) for each recreational vehicle site and a minimum of 2,500 square feet (not including roads and driveways) for each tent site. No recreational vehicle or tent site located within 250 feet of the normal high water line of a water body shall be less than 5,000 square feet, not including roads and driveways.
(3)
No single site shall be less than 50 feet in width.
(4)
Recreational vehicle and tent sites and utility and service buildings shall be set back a minimum of 75 feet from the exterior lot lines of the campground and 75 feet from the normal high water line of any water body.
(5)
All campgrounds shall be completely screened from abutting properties and from public roads by a 25-foot-wide buffer of evergreen vegetation planted to attain a height of not less than six feet within five years, except that safe visual clearances shall be provided at each vehicular entrance to and exit from the campground.
(6)
A minimum of 153 square feet of off-street parking space plus adequate maneuvering space shall be provided for each recreational vehicle site.
§ 275-4.9.1 Cannabis establishments.
[Added 5-20-2025 by Ord. No. 101-2025]
See Chapter 180, Marijuana/Cannabis Facilities, for regulations regarding the location and operation of cannabis facilities.
§ 275-4.10 Cluster developments; planned unit developments.
[Amended 5-20-2025 by Ord. No. 101-2025]
A.
Purpose. The purpose of these provisions is to allow for new concepts of housing development. Notwithstanding other provisions of this chapter relating to dimensional requirements, the Planning Board, in reviewing proposed residential developments, may modify dimensional requirements in accordance with the following standards. This section shall not be construed as granting variances to relieve hardship. (See the definition of "cluster development; planned unit development" in § 275-3.2.)
B.
Application procedure. The Planning Board may allow subdivided development on reduced lot sizes in return for open space where the Board determines that the benefits of the cluster approach prevent the loss of natural features or preserve the rural character of the area without increasing the net density of the development. The developer shall follow the procedures outlined in Chapter 244, Subdivision of Land; Site Plan Review, of the City Code and shall submit a written application to the Board for a cluster development. Two sketch plans shall be submitted, with one layout as a standard subdivision and a second as a cluster development indicating open space and significant natural features. Each lot in the standard subdivision shall meet the minimum lot size and lot width requirements. The number of dwelling units in the cluster development shall in no case exceed the number of dwelling units in the standard subdivision.
C.
The written statement shall describe the natural features which will be preserved or enhanced by the cluster approach. Natural features include, but are not limited to, moderate-to-high-value wildlife and waterfowl habitats, moderate-to-high-yield aquifers and important or natural historic sites. The statement shall also compare the impacts upon the City from each plan. Examples of the impacts are the municipal cost for roads, school busing, solid waste removal, utility efficiencies, recreational opportunities, protection of floodwater storage areas, environmental impacts on sensitive lands.
D.
The Board shall determine whether to allow the subdivision to be developed in accordance with the cluster standards of this section based upon written findings that:
(1)
The site contains natural features of the type described above which are worthy of preservation; and
(2)
Those natural features could not adequately be preserved in a standard subdivision layout; or
(3)
A clustered development will permit more efficient creation and utilization of infrastructure and provision of municipal and quasi-municipal services than would a standard subdivision layout.
E.
Basic requirements for cluster developments.
(1)
Cluster developments shall meet all site plan review and subdivision requirements and all other applicable City ordinances and performance standards, except those dealing with lot layout and dimensions.
(2)
Allowable density shall be based on net residential density, and shall be calculated in the following manner:
(a)
Determine the net residential area of the parcel as prescribed in § 275-4.21, Net residential acreage calculation.
(b)
For single-family cluster developments, divide the net residential acreage by the minimum lot size required in the district to obtain the net residential density. If individual lots are then reduced in size, the residual open space accumulated by modifying space and bulk requirements and the areas which are subtracted from the gross area to calculate net residential area shall be designated as open space.
(c)
Within the shoreland zone, the net residential acreage must provide the total lot area, lot width and shore frontage necessary for each residential unit on land partially or wholly within the shoreland zone.
(d)
For multiple-family cluster developments, divide the net residential acreage by the minimum area per family required in the district to obtain the net residential density.
(3)
The minimum area of land in a cluster development shall be 10 acres; except where there is public water and sewer, in which case the minimum area shall be five acres.
(4)
The plan shall identify the location of all proposed roads, structures, parking areas, footpaths, common open space and private yards related to individual dwelling units.
(5)
No building shall be constructed on soil types classified by the Natural Resources Conservation Service as being poorly or very poorly drained.
(6)
Where a cluster development abuts a body of water, a usable portion of the shoreline, as well as reasonable access to it, shall be a part of the common land.
(7)
All dwelling units in a cluster development shall be connected to a common water supply and distribution system, either public or private, unless the developer clearly demonstrates to the Planning Board that:
(a)
The costs of providing a common water supply and distribution system are prohibitive;
(b)
Adequate groundwater is available at all locations proposed for individual water systems; and
(c)
The groundwater source(s) proposed for individual water systems is safe from both on-site and off-site contamination.
(8)
All structures with required plumbing shall be connected to a public sanitary sewer system, if available, or to a private central collection and treatment system in accordance with minimum standards set forth in the State of Maine Plumbing Code unless the developer clearly demonstrates to the Planning Board that:
(a)
The cost of connection to a public sanitary sewer system or of providing a central collection and treatment system is prohibitive;
(b)
Adequate soils and land area are available at all locations proposed for individual septic systems;
(c)
The proposed individual septic systems shall in no way endanger groundwater supplies which are currently being utilized as a water source for any existing development; and
(d)
The proposed individual septic systems shall in no way endanger groundwater supplies which will be utilized by any common or individual water system in the cluster development.
(9)
Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography, south-facing slopes and natural drainage areas, in accordance with an overall plan for site development and landscaping, and will be compatible in terms of physical size, visual impact, intensity of use and proximity to other structures and uses within the zone.
(10)
Utilities shall be installed underground wherever possible.
F.
Dedication and maintenance of common open space and facilities.
(1)
Common open space shall be dedicated upon approval of the project. There shall be no further subdivision of this land, which shall be used only for noncommercial recreation, agriculture or conservation. However, easements for public utilities or structures accessory to noncommercial recreation, agriculture or conservation may be permitted.
(2)
Common open space shall be shown on the plan with appropriate notation to indicate that it shall not be used for future building lots.
(3)
If any or all of the common open space is to be reserved for use by the residents of the subdivision, the bylaws of the proposed homeowners' association shall specify maintenance responsibilities and shall be submitted to the Planning Board prior to approval.
(4)
Covenants for mandatory membership in the homeowners' association, setting forth the owners' rights, interests and privileges in the association and the common land, shall be reviewed by the Planning Board and included in the deed for each lot at least by reference.
(5)
The association shall levy annual charges against all property owners to defray the expenses connected with the maintenance of open space, other common and recreational facilities and municipal assessments.
(6)
The developer or subdivider shall maintain control of the common property and be responsible for its maintenance at least until development sufficient to support the association has taken place.
§ 275-4.11 Day-care centers.
[Amended 5-20-2025 by Ord. No. 101-2025]
A.
Definition. "Day-care centers" are facilities providing day care for children under 16 years of age.
(1)
In Residential-B, -C and -D Zones, no more than 20 children may be served at any given time. (That limitation, however, does not apply to day-care centers located in schools and churches in residential zones.)
(2)
Day-care centers in Commercial, Transitional and Rural Residential Zones, and in schools and churches in any zone, are not restricted to 20 children.
(3)
Day-care centers in Residential and Transitional Zones are subject to the performance standards below.
B.
Intent. Day-care centers function as schools and, therefore, are appropriately located in residential areas. The operator of a day-care center may reside in the facility, but is not required to do so.
C.
Off-street parking.
(1)
Day-care centers must have sufficient off-street parking spaces for teachers, staff and for persons dropping off or picking up children. The parking standard is one space per teacher or employee, plus one space for every six children.
(2)
Any need for parking generated by the conduct of the day-care center located in a Residential or Transitional Zone shall be met in the side or rear yard to protect the residential character of the neighborhood.
(3)
Parking lots shall be set back five feet from all property lines, and driveways shall be set back five feet from side property lines.
(4)
The Code Enforcement Officer may deny a special exception permit if the required parking area would be so large as to render the land use incompatible with the general character of the neighborhood.
D.
Screening requirements. Dumpsters shall be screened, and parking shall be landscaped along the street line.
E.
There shall be no more than one sign, and that sign shall be no larger than five inches by 24 inches, as a permitted accessory use.
F.
Hours of operation. Day-care centers serving more than six children may be operated only from 6:00 a.m. to 7:00 p.m. Six or fewer children may be cared for at any time.
G.
Review.
(1)
The Code Enforcement Officer may not grant a day-care center permit until the proposed business has been inspected and approved by the Fire Department. A five-pound fire extinguisher with a minimum 2A-10BC rating shall be installed in the day-care center.
(2)
In addition to the findings required for a special exception permit (§ 275-5.20B), the Code Enforcement Officer must further find that the proposed day-care center:
(a)
Would not create or aggravate a traffic hazard. No traffic shall be generated by such day-care center in greater volumes than normally would be expected in the neighborhood where the day-care center would be located. The Code Enforcement Officer may require the applicant to submit a traffic impact analysis by a professional engineer. The report shall include an estimate of the traffic that would be generated by the day-care center, as well as actual traffic counts on the street where the day-care center would be located.
(b)
Would be in conformance with applicable building, housing, plumbing and other safety codes.
(3)
If a complaint is received concerning a day-care center, the Code Enforcement Officer will investigate. If the complaint has merit, the Code Enforcement Officer may revoke or suspend the permit.
§ 275-4.12 Earth material removal.
[Amended 5-20-2025 by Ord. No. 101-2025]
A.
Filling, grading, lagooning, dredging, excavating, processing and storing of soil, earth, loam, sand, gravel, rock, peat or any other mineral or organic deposits which would result in erosion, sedimentation or impairment of water quality and fish and aquatic life is prohibited.
B.
Exclusions. Nothing herein shall be deemed to apply to normal excavation operations incidental to construction activities for which a valid permit is held. In addition, normal agricultural operations, including creation of fire ponds, shall not be considered "earth material removal."
C.
The excavation, removal, screening or storage of soil (including topsoil, peat, loam, sand, gravel, rock or other mineral deposits) within any twelve-month period shall be approved by the Code Enforcement Officer if the amount is 100 cubic yards to 999 cubic yards, inclusive, and by the Planning Board if the amount is 1,000 or more cubic yards.
(1)
Plans shall be in compliance with applicable state laws and accompanied by all required state permits and/or licenses.
D.
The applicant shall submit to the Planning Board plans for the proposed extraction site prepared according to Chapter 244, Subdivision of Land; Site Plan Review, of the City Code, including all property lines and names of abutting owners and ways, and grades existing and proposed upon completion of the extraction operation. Plans shall show proposed fencing, buffer strips, signs, lighting, parking and loading areas, entrances and exits, together with a written statement of the proposed rehabilitation and restoration of the site upon completion of the operation.
E.
These plans and statement shall be submitted with the recommendations of the City Engineer with respect to the effect of the proposed operation upon existing and foreseeable traffic patterns within the City, existing or approved land uses which may be affected by the operation and implementation of Comprehensive Plan policies.
F.
The Planning Board shall render a written decision specifying whether, and under what conditions, the proposed operation would be permitted. The Planning Board may require that the applicant provide a performance guarantee of the type approved in Chapter 244, Subdivision of Land; Site Plan Review, of the City Code, payable to the City in such an amount and upon such conditions as the Planning Board may determine to be adequate to indemnify the City against any claims arising from the proposed operations and to assure satisfactory performance of all conditions imposed or otherwise applicable.
G.
If abandoned for one year, restoration and rehabilitation of the site shall be in compliance with applicable state laws. A site plan review permit shall be required before operations may be resumed on any site abandoned for one year or more.
H.
The Planning Board shall attach conditions of approval to assure compliance with the following requirements:
(1)
No part of any extraction operation shall be permitted within 100 feet of any property or street line, except that drainageways to reduce runoff into or from the extraction area may be allowed up to 50 feet from such line. Natural vegetation shall be left and maintained on the undisturbed land.
(2)
If any standing water accumulates, the site must be fenced in a manner adequate to keep children out. Measures shall be taken to prevent or halt the breeding of harmful insects.
(3)
No slopes steeper than three feet horizontal to one foot vertical shall be permitted at any extraction site unless a fence of at least four feet high is erected to limit access to those locations.
(4)
Before commencing removal of any earth materials, the owner or operator of the extraction site shall present evidence to the Planning Board of adequate insurance against liability arising from proposed extraction operations, and that insurance shall be maintained throughout the period of operation.
(5)
To the extent required for restoration, any topsoil and subsoil suitable for purposes of restoring vegetation shall be stripped and stored on site until operations have ceased. Such stockpiles shall be protected from erosion according to the soil erosion control standards of Chapter 244, Subdivision of Land; Site Plan Review, of the City Code. See also § 275-4.27, Subsection H(6), Erosion and sedimentation control, and Subsection H(8), Mineral exploration and extraction, if the site is located in the shoreland zone.
(6)
Sediment shall be trapped by diversion, silting basins, terraces and other measures designed by a professional engineer.
(7)
The sides and bottom of cuts, fills, channels and artificial watercourses shall be constructed and stabilized to prevent erosion or failure. Such structures are to be designed and built according to the Maine Department of Agriculture, Conservation and Forestry, Technical Guide, Standards and Specifications.
(8)
Lagooning shall be conducted in such a manner as to avoid creation of fish trap conditions. The applicant shall submit written approval from the Department of Inland Fisheries and Wildlife, as applicable, prior to consideration by the Planning Board.
(9)
The hours of operation at any extraction site shall be limited as the Planning Board deems advisable to ensure operational compatibility with residents of the City.
(10)
Load vehicles shall be suitably covered to prevent dust and contents from spilling or blowing from the load, and all trucking routes and methods shall be subject to approval by the Director of Public Works.
(11)
All access/egress roads leading to/from the extraction site to public ways shall be treated with suitable materials to reduce dust and mud for a distance of at least 100 feet from those public ways.
(12)
No equipment, debris, junk or other material shall be permitted on an extraction site except that directly related to active extraction operations, and any temporary shelters or buildings erected for such operations and equipment shall be removed within 30 days following completion of active extraction.
(13)
Following the completion of extraction operations at any locations within any extraction site, ground levels and grades shall be established in accordance with the approved plans filed with the Planning Board so that:
(a)
All debris, stumps, boulders and similar materials shall be removed and disposed of in an approved location or, in the case of inorganic material, buried and covered with a minimum of two feet of soil, provided these standards are in accordance with DEP regulations.
(b)
The extent and type of fill shall be appropriate to the use intended. The applicant shall specify the type and amount of fill to be used.
(c)
Storm drainage and watercourses shall leave the location at the original natural drainage points and in a manner such that the amount of drainage at any point does not significantly increase.
(d)
At least four inches of topsoil or loam shall be retained or obtained to cover all disturbed areas. Disturbed areas shall be reseeded and properly restored to a stable condition adequate to meet the provisions of the Environmental Quality Handbook, Erosion and Sediment Control, as amended or revised, published by the Maine Soil and Water Conservation Commission.
§ 275-4.13 Fire and explosive hazards.
[Amended 5-20-2025 by Ord. No. 101-2025]
A.
Sprinkler systems, fire alarm systems and key boxes.
(1)
The Fire Chief shall determine whether or not a building or structure shall have a sprinkler system or a fire suppression system meeting the requirements of the Maine Uniform Building and Electrical Code and the National Fire Protection Association Code.
(2)
The Fire Chief and/or Code Enforcement Officer shall determine whether or not a building or structure shall have a fire alarm system. The Fire Chief has the discretion to require fire alarm systems to connect to the Waterville Regional Communications Center and/or Central Fire Station.
(3)
When access to or within a structure or an area is unduly difficult because of secured openings, or when immediate access is necessary for lifesaving or fire-fighting purposes, a key box will be installed in an accessible location designated by the Fire Chief. The key box shall be a type approved by the Fire Chief and shall contain keys to gain necessary access as required by the Fire Chief. The key box will be connected to the local fire alarm that will signal the Fire Department when the box is opened or disturbed. The alarm will be transmitted to the Waterville Regional Communications Center and/or Central Fire Station.
B.
Storage, utilization or manufacture of free-burning and intense-burning solid materials or products is permitted, provided that these materials or products are stored, utilized or manufactured within completely enclosed buildings having incombustible walls and protected throughout by an automatic fire-extinguishing system.
C.
The storage, utilization or manufacture of flammable liquids or materials which produce flammable or explosive vapors or gases, including finished products in original sealed containers, shall be permitted in accordance with all applicable federal, state and local regulations.
D.
Tanks or other underground storage facilities abandoned or not in use for a period exceeding one year shall be removed at the expense of the owner of the property. Alternatively, the owner shall otherwise assure that safe conditions are present.
§ 275-4.14 Height restrictions.
Building heights shall be restricted to the limits of usefulness of the City's fire-fighting equipment. When issuing a building permit, the issuing officer shall give serious consideration to the recommendation of the Fire Chief. In the shoreland zone, additional height restrictions apply.
§ 275-4.15 Homeless shelters.
A. HOMELESS SHELTER
Definition. As used in this section, the following term shall have the meaning indicated:
Emergency housing for persons who lack a fixed, regular and adequate nighttime residence.
B.
Intent. Persons seeking to locate a homeless shelter within the community shall first investigate possible sites within approximately a half-mile radius of the downtown. In order to best serve the homeless, the shelter should be located near the majority of the social service facilities which provide assistance to the homeless. It is assumed that most of the homeless do not own cars and need to be housed within easy walking distance of those services.
C.
Homeless shelters are discouraged in areas of any zoning district in which a significant portion of the existing housing units are single-family dwellings.
D.
Homeless shelters must provide sufficient and effective supervision to clients.
E.
Homeless shelters must have sufficient off-street parking spaces for supervisors, housekeeping staff and social service workers expected to provide assistance at the shelter. The parking standard is one space for every three shelter beds, with a minimum of two spaces regardless of the number of beds.
F.
Homeless shelters must provide space for sleeping purposes as follows: Every bedroom occupied by one person shall contain at least 70 square feet of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6 m2) of floor area for each occupant thereof. This floor area requirement will determine the number of persons allowed to stay in any shelter.
G.
The Planning Board shall receive public comment on the proposed homeless shelter and shall find that the proposed shelter:
(1)
Would not create or aggravate a traffic hazard;
(2)
Would not hamper pedestrian circulation;
(3)
Would permit convenient access to commercial shopping facilities, medical facilities, public transportation, fire protection and police protection;
(4)
Would be in conformance with applicable building, housing, plumbing or other safety codes, including municipal minimum lot size and building setback requirements for new construction.
§ 275-4.16 Home occupations.
A.
Definition.
(1)
A "home occupation" is an occupation conducted in a dwelling unit as an accessory use, subject to the provisions and performance standards below.
(2)
Notwithstanding the above, the following uses are not considered special exceptions and do not require such review by the Code Enforcement Officer: any business or professional use that is conducted within a dwelling unit by an occupant of the dwelling unit, which does not require clients or service or delivery vehicles to visit the premises regularly, and which has no sign.
B.
The purpose of the home occupations provisions is to permit the conduct of only those businesses which are reasonably compatible with the residential district in which they are located. Any home occupation which is accessory to and compatible with a residential use in those districts where permitted as a special exception shall be approved by the Code Enforcement Officer after due notice is given, provided that:
(1)
Not more than two persons, including the owner of the home, shall be engaged in such occupation.
(2)
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its owner-occupant. Not more than 500 square feet or 25% of the floor area of the dwelling unit, whichever is less, shall be used in the conduct of the home occupation. The floor area of garages, common areas, basements and accessory structures may not be used in calculating total area of the dwelling unit.
(3)
There shall be no change in the outside appearance of the dwelling, no outside storage of materials and no visible conduct of such home occupation other than one sign, no larger than five inches by 24 inches. The sign must be affixed to the home, not freestanding.
(4)
The sale of goods is permitted only when incidental to the providing of services. No service to animals or automobiles (including, but not limited to, washing, painting or repairing) is allowed. In addition, no taxicab companies are allowed.
(5)
No traffic shall be generated by such home occupation in greater volumes than normally would be expected in the neighborhood where the home occupation would be located. The Code Enforcement Officer may require the applicant to submit a traffic impact analysis by a professional traffic engineer. The report shall include an estimate of the traffic that would be generated by the home occupation, as well as actual traffic counts on the street where the home occupation would be located.
(6)
Any need for parking generated by the conduct of such occupation shall be met off the street in the side or rear yard, not in the required front yard. The Code Enforcement Officer may deny a home occupation permit if the required parking area would be so large as to render the land use incompatible with the general character of the neighborhood.
(7)
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes or odor.
(8)
The Code Enforcement Officer may not grant a home occupation permit until the proposed business area has been inspected by the Fire Department. Additionally, home occupations must store an operable fire extinguisher within the business area.
(9)
The Code Enforcement Officer may revoke or suspend the special exception permit of any home occupation found to be in violation of conditions set at the time of approval.
§ 275-4.17 Hydrogeologic assessment of groundwater impacts.
A.
When a hydrogeologic assessment is submitted in accordance with Chapter 244, Subdivision of Land; Site Plan Review, of the City Code, the assessment shall contain at least the following information:
(1)
A map showing the basic soils types.
(2)
The depth to the water table at representative points throughout the development site.
(3)
Drainage conditions throughout the development site.
(4)
Data on the existing groundwater quality, either from test wells in the development or from existing wells on neighboring properties.
(5)
An analysis and evaluation of the impacts of the development on groundwater resources.
(6)
The location of any subsurface wastewater disposal systems and drinking water wells within the development and within 200 feet of the subdivision boundaries.
B.
Projections of groundwater quality shall be made at any wells within the development and at the development's boundaries or at a distance of 500 feet from potential contamination sources, whichever is a shorter distance.
C.
Projections of groundwater quality shall be based on the assumption of drought conditions (assuming 60% of annual average recharge from precipitation).
D.
Subsurface wastewater disposal systems and drinking water wells shall be constructed as shown on the plan submitted with the assessment. If construction standards for drinking water wells are recommended in the assessment, those standards shall be included as a note on the final plan, and as restrictions in the deeds to the affected lots.
§ 275-4.18 Lighting (glare).
Lighting may be used which serves security, safety and operational needs but which does not directly or indirectly produce deleterious effects on abutting property or which would impair the vision of a vehicle operator on adjacent roadways. Lighting fixtures shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists, pedestrians or residents of adjacent dwellings. Adequate buffers using either natural landscape or artificial screening are required to prevent unnecessary or undesirable light from being directed from lot lines onto adjacent properties.
§ 275-4.19 Mobile home parks and mobile homes on house lots outside of mobile home parks.
[Amended 5-20-2025 by Ord. No. 101-2025; 7-17-2025 by Ord. No. 116-2025]
A.
(Reserved)
B.
Review of mobile home parks. Mobile home park site plans and revisions and expansions to mobile home parks must be reviewed and approved by the Planning Board in accordance with the procedures outlined in Chapter 244, Subdivision of Land; Site Plan Review, of the City Code.
C.
Site plans for mobile home parks. Applications shall be accompanied by a set of plans drawn to scale showing the following information:
(1)
The area and dimension of the tract of land;
(2)
The maximum number, location and size of all mobile home lots;
(3)
The location of any existing or proposed buildings or structures;
(4)
The location and width of roadways and walkways;
(5)
The location of water, sewer and electrical lines and the sewage disposal system if public sewerage is not available.
D.
Location of mobile home parks. Mobile home parks are permitted only in the Rural Residential Zone.
E.
Mobile home park requirements. Mobile home parks shall conform to the following minimum standards:
(1)
Location. No mobile home or mobile home park shall be so located as to be:
(a)
Inaccessible from all-weather roads;
(b)
Close to swamps or other potential breeding places for insects or rodents;
(c)
On poorly drained land or on land unsuitable for septic systems, if public sewerage is unavailable;
(d)
On land subject to flooding, erosion or fire, traffic safety or general welfare problems; or
(e)
On land which is exposed to chronic nuisances such as noise, smoke, fumes or odors.
(2)
Access. No mobile home park shall be developed unless adequate access is provided for mobile homes, fire-fighting equipment, fuel delivery, refuse and garbage collection and other vehicles. Where the mobile home park does not abut directly on a street, paved access roads located within a right-of-way of not less than 50 feet shall be provided.
(4)
Grading. Every lot used for a mobile home park shall be pre-graded and drained for disposal of surface water and stormwater.
(5)
Screening of mobile home parks.
(a)
A green buffer strip at least 25 feet in width and up to 50 feet in width, including individual lot setbacks, along any mobile home park boundary which abuts land used for residential use, if the per-acre density of homes within the mobile home park is at least two times greater than:
(b)
No structures, streets or utilities may be placed in the buffer strip, except that utilities may cross a buffer strip to provide services to a mobile home park.
(c)
Screening is required within the first 25 feet of the buffer strip as measured from the exterior boundaries of the mobile home park in conformity with 30-A M.R.S. § 4358(3), as amended from time to time. Buffers shall be planted with trees or shrubs and maintained to provide a permanent screen. Alternatively, the Planning Board may approve a six-foot-high stockade fence, which the mobile home park owner shall maintain in good repair.
(6)
Street construction. Every access road and service street within a mobile home park shall meet City street standards, if the street is to be accepted by the City. If streets are to be private ways, the rights-of-way must be a minimum of 23 feet in width and paved to a minimum width of 20 feet. Roads shall have a gravel base at least 12 inches in depth.
(7)
Individual mobile home lots. No individual mobile home lot shall contain less than 5,000 square feet of land, and such lot shall be not less than 50 feet in width and 100 feet in length. The bounds of each lot shall be clearly marked and the lot shall be well surfaced or seeded to provide adequate drainage beneath and adjacent to any mobile home parked thereon. Each lot shall provide for:
(a)
A continuing potable supply of safe and sanitary water;
(b)
Connection to adequate sewerage and stormwater disposal systems;
(c)
Adequate electric power service;
(d)
Compliance with state sanitary and health requirements for mobile home parks; and
(e)
At least two off-street motor vehicle parking spaces per unit. One additional parking space for each six units shall be provided off-street in an easily accessible area of the mobile home park. Such parking spaces shall have well-drained, stabilized or paved surfaces maintained in good repair.
(8)
Parking of mobile homes:
(a)
No mobile home shall be parked nearer than 15 feet to the side of any mobile home lot, and there shall be not less than 30 feet between any mobile home and any service building.
(b)
No mobile home or service building shall be placed or permitted within 100 feet of any public street, or within 30 feet of a boundary line of a mobile home park. Every mobile home shall be set back 20 feet from the right-of-way line of all mobile home park streets.
(9)
Recreation area. Recreation areas shall be provided and restricted exclusively to recreational use. Recreational uses may include playgrounds, swimming pools, athletic fields, and parks. Any buildings provided for recreation areas shall contain adequate toilet facilities. Recreation areas shall be protected from streets, parking areas and other hazards, such as maintenance facilities, and shall have well-drained surfaces in good repair. Recreation areas shall be centrally located if topography permits, unless the Planning Board approves an alternate location or locations. Space shall be provided as follows:
(10)
Utility services. Every mobile home shall be provided with adequate hygiene and sanitation facilities. Water supply and service, plumbing, sewage disposal and treatment, electric power and bottled gas service, heating equipment and fuels, refuse and garbage storage and disposal, and insect and rodent control shall be provided in full conformity with all pertinent state and local health regulations.
(11)
No unoccupied mobile home shall be stored in a mobile home park.
F.
Mobile homes on house lots outside of mobile home parks. Mobile homes must be compatible with site-built homes and:
(1)
Must comply with current United States Department of Housing and Urban Development standards.
(2)
Must have a permanent foundation as defined, except that in the Residential-A, -B, -C, and -D Zones and in designated historic districts mobile homes must be installed over a basement or on a frost wall. Concrete blocks are not permitted.
(3)
Must have a pitched, shingled roof, as defined, except that in the Residential-A, -B, -C, and -D Zones and in designated historic districts the required roof pitch is a minimum of six vertical units for every 12 horizontal units.
(4)
Siding. The siding may be either clapboards, shingles or shakes, including synthetic or metal siding manufactured to closely resemble clapboards, shingles and shakes. It may also be masonry, wood, board and batten, or texture 1-11 exterior plywood, but shall not include artificial masonry or fake board and batten made from metal. No other siding is permitted.
(5)
Oil storage tanks. Any oil storage tank must be placed in either the basement, crawl space or an attached garage. No oil storage tank can be placed so that it is visible from adjacent properties or any street.
G.
Penalty for violation. Any person found guilty of violating any provision of this section shall be subject to a penalty of not more than $100 for each offense. Each day in which a violation is proved to exist shall constitute a separate offense under this section.
§ 275-4.20 Multifamily developments.
[Amended 11-21-2023 by Ord. No. 179-2023; 5-20-2025 by Ord. No. 101-2025]
Multifamily developments (consisting of three or more dwelling units) may be authorized by the Planning Board, subject to the following requirements:
A.
Uses permitted: dwelling units and accessory uses. The following uses are permitted in multifamily dwellings but only sufficient to serve the residents:
B.
Area and bulk requirements:
Multifamily Construction1 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
Districts2 | |||||||||
R-A | R-B | R-C | R-D | R-R | Sub- urban Mixed Use | T | D-I | Comm- ercial | |
Minimum land (square feet per dwelling unit) | 7,500 | 4,250 | 3,750 | 2,500/first bedroom,3 plus 500/each additional bedroom | 7,500 | None | See § 275- 5.17H. | Note 2 | |
Minimum frontage (feet) | 100 | 851 | 75 | 100 | 150 | None | See § 275- 5.17H. | Note 2 | |
Minimum setbacks (feet): | |||||||||
Front | 20 | 20 | 10 | 10 | 50 | 304 | See § 275- 5.17H. | Note 2 | |
Side | 15 | 10 | 10 | 10 | 25 | 504 | See § 275- 5.17H. | Note 2 | |
Rear | 30 | 30 | 20 | 20 | 25 | 504 | See § 275- 5.17H. | Note 2 | |
Usable open area | 50% | 40% | 35% | 30% | 50% | None | None | Note 2 | |
Maximum building coverage | 20% | 25% | 30% | 35% | 30% | None | None | Note 2 | |
Parking spaces, per unit | See § 275-4.23, Off-street parking and loading requirements. | ||||||||
Notes: | |
|---|---|
1 | This table applies to both new construction and conversions of existing buildings. However, for conversions with no increase in building footprint, only minimum land per dwelling unit, usable open area, maximum building coverage and parking spaces per unit apply. For new construction, all apply. Density bonuses apply for developments in which the majority of dwelling units (more than half) are affordable. See § 275-4.36. |
2 | Commercial Zones: Same criteria as required in existing commercial zones. |
3 | Includes efficiency apartments. |
4 | Except for structures existing as of June 30, 2016. |
(1)
Development located within the shoreland zone must meet the requirements for minimum lot size, maximum lot coverage, minimum shore frontage and minimum setback from high water line contained in § 275-4.27J(1).
C.
Design standards.
(1)
Storage. All storage, including containers for organic waste, shall be completely screened from view from any public right-of-way or any adjoining residential property. Screening shall consist of evergreen plantings or a visually appealing fence. All organic rubbish shall be contained in airtight, verminproof containers.
(2)
Landscaping. Any part of the site which is not used for buildings, other structures, loading or parking spaces, sidewalks or designated storage areas shall be planted with an all-season ground cover and appropriately landscaped with trees, shrubs and flowering plants in accordance with an overall landscape plan.
(3)
Yard lighting shall be provided by the developer to illuminate the premises without affecting adjacent residential areas.
D.
Review and approval. The Planning Board shall review the site plan in accordance with the provisions of Chapter 244, Subdivision of Land; Site Plan Review, of the City Code.
E.
The Planning Board may require enhancements such as, but not limited to, landscaping, lighting, fencing, planting screens, improved traffic circulation and street access restrictions upon written findings of fact that these are necessary to fulfill the intent of Chapter 244, Subdivision of Land; Site Plan Review.
§ 275-4.21 Net residential acreage calculation.
Net residential acreage shall be calculated for cluster developments by taking the total of the lot and subtracting, in order, the following:
A.
15% of the area of the lot to account for roads and parking.
B.
Portions of the lot which, because of existing land uses or lack of access, are isolated and unavailable for building purposes or for use in common with the remainder of the lot, as determined by the Planning Board.
C.
Portions of the lot shown to be in a floodway as designated in the national Flood Insurance Rate Map prepared by the Federal Emergency Management Agency.
D.
Portions of the lot which are unsuitable for development in their natural state due to topographical, drainage or subsoil conditions, such as, but not limited to, the following:
E.
Portions of the lot subject to rights-of-way or easements other than utility easements serving the lot.
F.
Portions of the lot located in the Resource Protection District.
G.
Portions of the lot covered by surface waters.
H.
Portions of the lot utilized for stormwater management facilities.
§ 275-4.22 Noise.
[Amended 5-20-2025 by Ord. No. 101-2025]
A.
The maximum permissible sound pressure level of any continuous, regular, frequent or intermittent source of sound produced by any activity shall be limited by the time period and land use which it abuts (listed below). Sound levels shall be measured at least four feet above the ground at the property boundary of the source.
Sound Pressure Level Limits Using the Sound Equivalent Level of One Minute (leg 1) [measured in dB(a) scale] | ||
|---|---|---|
7:00 a.m. to 9:00 p.m. | 9:00 p.m. to 7:00 a.m. | |
Residential | 55 | 45 |
Commercial | 65 | 55 |
Industrial | 70 | 60 |
B.
Noise shall be measured by a meter set on the A-weighted response scale, fast response. The meter shall meet the American National Standards Institute Specifications for Sound Level Meters (ANSI SI.4), current edition.
C.
No person shall engage in construction activities on a site abutting any residential use between the hours of 9:00 p.m. and 7:00 a.m. However, the following activities are exempt from these regulations:
(1)
Sound emanating from public road construction and maintenance activities.
(2)
Sound emanating from safety signals, warning devices, emergency pressure-relief valves and other emergency activities.
(3)
Traffic noise on public roads, or noise created by airplanes and railroads.
(4)
Temporary use of such machinery as, but not limited to, chain saws, lawn mowers and snowmobiles.
D.
Violations of these standards are considered public nuisances.
§ 275-4.23 Off-street parking and loading requirements.
[6-6-2023 by Ord. No. 96-2023; 6-6-2023 by Ord. No. 96-2023; 11-21-2023 by Ord. No. 179-2023; 8-20-2024 by Ord. No. 146-2024; 5-20-2025 by Ord. No. 101-2025]
A.
Off-street parking requirements. Off-street parking shall be provided either by means of open-air spaces, each having an area of at least 153 square feet (minimum 8.5 feet by 18 feet) plus maneuvering space, or by garage space.
(1)
Off-street parking shall be provided and maintained in the case of new construction, alterations and changes of use according to the following minimum requirements:
(a)
Residential structures (other than those specified below): two parking spaces for each dwelling unit, plus one additional parking space for every six units.
[1]
Apartments in the Commercial-A Zone: one parking space per residential unit; such space to be located within 1,000 feet of the building entrance and to be reserved for the exclusive use of the apartment occupant. See the exception below at Subsection B, Off-street parking locations.
[2]
Subsidized elderly housing: one parking space per unit.
[3]
Accessory dwelling units as defined require no parking spaces.
[4]
No more than two off-street motor vehicle parking spaces are required for every three dwelling units of an affordable housing development as defined.
(b)
Motels and hotels: one parking space for each guest room.
(c)
Hospitals, nursing homes and assisted-living facilities: one parking space for each 500 square feet of floor area or major fraction thereof, exclusive of basements.
(d)
Retail stores: one parking space per 200 square feet of sales space.
(e)
Service establishments, including banks (See the definition of "service establishment" in § 275-3.2.): one parking space per 200 square feet of floor area.
(f)
Auditoriums, assembly halls, funeral homes, churches, restaurants, other eating establishments, places of indoor amusement or recreation: one parking space per three seats or 60 inches of permanent bench space and one for each 36 square feet of area with temporary seating facilities.
(g)
Theaters: one parking space per four seats.
(h)
Fraternities, private clubs and lodges: one parking space for every five members.
(i)
Offices and clinics for medical, dental and other professional practitioners: one parking space per 200 square feet of floor area.
(j)
Home occupations: as required by the Code Enforcement Officer.
(k)
Warehouses and industrial buildings with floor area over 2,000 square feet: one parking space for each 1,000 square feet of floor area or major fraction thereof, or one parking space for each two employees on the largest shift.
(l)
Day-care centers: one space per teacher or employee, plus one space for every six children.
(2)
Shared parking. When a development is before the Planning Board for site plan review, the Planning Board may reduce the number of required off-street parking spaces if two or more uses on the site share parking. To reduce the required spaces by more than 10%, the developer must provide a written report from a professional traffic operations engineer demonstrating ample parking.
B.
Off-street parking locations. "Downtown" is defined here as the congested business area delineated in § 275-4.28, Sign regulations, as follows: beginning on Water Street at the intersection of Water Street and Front Street, proceeding north on Front Street to Union Street, proceeding west on Union Street to College Avenue, proceeding north on College Avenue to Getchell Street, proceeding west on Getchell Street to Main Street, then south on Main Street to North Street, then west on North Street to Pleasant Street, proceeding south on Pleasant Street to Western Avenue, then east on Western Avenue to Elm Street, proceeding south on Elm Street to Silver Street, then north on Silver Street to Sherwin Street, proceeding east on Sherwin Street to Water Street, then north on Water Street to Front Street. Measurement of distance of parking areas from a principal building or use shall be along lines of public access.
(1)
Required off-street parking in all districts shall be located on the same lot with the principal building or use, except in the Commercial-A Zone Downtown or as allowed by either the Planning Board or the Code Enforcement Officer.
(2)
No parking is required for buildings existing as of August 2024 in the Commercial-A Zone Downtown.
(3)
Required off-street parking spaces shall be set back from all property lines, front, rear and side, not less than five feet. Commercial vehicles parked in residential zones shall be parked a minimum of 10 feet from any property line. In the Commercial-A Zone, off-street parking spaces may be set back from rear and side property lines not less than two feet when abutting a nonresidential use or zone.
C.
Off-street loading requirements. Off-street loading berths shall be provided and maintained in the case of new construction, alterations and changes of use according to operational requirements.
D.
Off-street parking restrictions in residential zones.
(1)
No more than one commercial vehicle, registered as such by a state, may be parked on any lot in a residential zone. Such vehicle must be operable, registered and solely for the use of the occupants of the residential property.
(2)
No maintenance or repair of commercial vehicles is allowed in residential zones.
(3)
The trailers of tractor-trailer trucks may not be parked in any residential zone.
(4)
Commercial vehicles parked in the Residential-A (R-A) Zone shall weigh no more than 5,000 pounds' gross vehicle weight. Commercial vehicles parked in all other residential zones shall weigh no more than 34,000 pounds' registered gross vehicle weight. Commercial vehicles parked in residential zones shall be parked a minimum of 10 feet from any property line.
§ 275-4.24 Private roads.
A. PRIVATE ROAD
Definition. As used in this section, the following term shall have the meaning indicated:
A minor residential street serving no more than three dwelling units, which is not intended to be dedicated as a public street. This definition includes driveways serving as few as one dwelling unit, when there is insufficient frontage on a public street.
B.
Review. Private roads must be approved by the Planning Board. The Planning Board shall obtain a written report from a review team which includes the City Engineer, Public Works Director, the Fire Department and a Code Enforcement Officer.
C.
Submissions. Required submissions include:
(1)
A plan showing the private way, all lots to be served by the private way and all abutting properties.
(2)
An actual field survey of the boundary lines of the properties to be served by the private road made and certified by a licensed land surveyor or a registered civil engineer.
(3)
A street plan, cross-section and drainage plan for private ways serving two or three lots.
(5)
The plan shall be labeled "Plan of a Private Road" and shall provide an approval block for the signatures of the Planning Board members.
D.
Standards. The Planning Board has the authority to set standards as stringent as those contained in Chapter 244, Subdivision of Land; Site Plan Review, of the City Code, regardless of whether or not the proposed private road will serve a subdivision as defined. At a minimum, private roads must meet the standards contained in Chapter 244, § 244-12.3C(1), except as modified below:
(1)
Right-of-way: 50 feet minimum. The Planning Board has the authority to require a wider right-of-way if site conditions warrant, or if there is a reasonable possibility that the road might become a collector in the future.
(3)
Road base. A minimum of 18 inches of gravel composed of a fifteen-inch subbase of bank run gravel and a three-inch upper base of screened processed gravel.
(a)
Untreated aggregate surface course: a minimum of six inches of surface aggregate with a cross-slope of 6% (3/4 inch drop per foot of road width). Gravel roads will be treated with liquid calcium chloride at a rate of one gallon per square yard with 3/4 gallon per square yard to be placed on road base prior to placement of surface course and 1/4 gallon to be applied to shaping of surface course.
(b)
Recycled bituminous pavement: In lieu of an untreated aggregate surface course, a surface course of three inches of recycled bituminous pavement with a cross-slope of 6% (3/4 inch drop per foot of road width) may be used. Base course and surface course shall be treated with liquid calcium chloride as set forth in Subsection D(3)(a).
(4)
Paving: at the discretion of the Planning Board; except that the developer must provide a paved apron in the right-of-way of the intersecting public road from the edge of the public pavement to the outer edge of the public right-of-way.
(5)
Culvert. The developer must provide a culvert in the right-of-way of the intersecting public road. The size, length and location of the culvert must be approved by the Planning Board.
(6)
Curbs, if necessary to control drainage or erosion; at the discretion of the Planning Board.
(7)
Culs-de-sac. Culs-de-sac must have a minimum diameter of 65 feet. Maximum cul-de-sac length is 1,000 feet. Longer dead-end roads may be approved if they serve only one dwelling unit. Alternatively, hammerhead or T turnarounds may be approved by the Planning Board.
(8)
There shall be no more than two private roads adjacent to each other at the public street line. In all instances where two lots, created from a single parcel, have their private roads adjacent to each other at the street line, access to the lots shall be provided only by a single common private road, with a minimum travel width of 20 feet.
E.
Maintenance agreement.
(1)
If the private road will provide access to two or three lots, a maintenance agreement specifying the rights and responsibilities of each lot owner must be recorded in the Kennebec County Registry of Deeds. The agreement, which will run with the land by means of covenants in deeds, will set forth the responsibility of each lot owner for the long-term maintenance, repair, snow plowing, lighting and replacement of the private road and, where appropriate, private water, sanitary and storm sewer systems. Additionally, the property owners will be responsible for transporting garbage for City collection to the intersection of the private road and the public street.
(2)
No building permit will be issued for the construction of any dwelling unit on a private road until the road has been constructed and deemed complete by the review team, and there is proof that the maintenance agreement has been recorded as required.
F.
Further lot divisions utilizing the private road are prohibited without prior approval of the Planning Board.
§ 275-4.25 Recreational facilities, outdoor.
[Amended 5-20-2025 by Ord. No. 101-2025]
All recreational facilities, outdoor shall meet the provisions below:
A.
Adequate off-street parking shall be provided for the anticipated maximum attendance at any event.
B.
Containers and facilities for rubbish collection and removal shall be provided.
C.
Adequate screening, buffer areas or landscaping shall be built or planted and maintained to protect adjacent residences from adverse noise, light, dust, smoke and visual impact.
§ 275-4.26 Screening and landscaping requirements.
A.
Screening in commercial and industrial zones. A wall or fence of solid and uniform appearance or a compact evergreen hedge planted so as to attain a height of not less than six feet within five years shall be planted and maintained to conceal the following uses abutting residential uses or districts:
(1)
Contractor's yards for storage of supplies and equipment;
(2)
Off-street parking and loading areas;
(3)
Exposed storage areas;
(4)
Exposed machinery;
(5)
Sand and gravel extractions; and
(6)
Areas used for the storage and collection of discarded automobiles, auto parts, metals or any other articles of salvage or refuse.
B.
Screening in residential zones.
(1)
Walls or fences not exceeding six feet in height may be erected on property lines in residential zones, subject to the criteria for corner clearances [§ 275-4.3D(16), Corner clearances] and shall be visually appealing, of uniform appearance and well maintained.
(2)
Fences or screening exceeding six feet in height may be erected on property in residential zones only upon approval of the Code Enforcement Officer, subject to the following conditions. The erection of such fence or screen:
§ 275-4.27 Shoreland zoning.
[Amended 5-20-2025 by Ord. No. 101-2025]
A.
Purpose. The purpose of this section is to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, plant, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources; to protect wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland waters; to conserve natural beauty and open space; and to anticipate and to mitigate the impacts of development in shoreland areas.
B.
Applicability.
(1)
This section applies to all land areas:
(a)
Within 250 feet, horizontal distance, of the normal high water line of the Kennebec River and the Messalonskee Stream;
(b)
Within 75 feet, horizontal distance, of the normal high water line of streams and tributary streams as defined; and
(c)
Within 25 feet, horizontal distance, of the normal high water line of minor waterways designated on the Shoreland Zoning Appendix to the Official Zoning Map or as defined. Minor waterways are regulated by Maine DEP pursuant to the Natural Resources Protection Act.
(2)
This chapter also applies to any structure built on, over or abutting a dock, wharf or pier, or other structure extending below the normal high water line of a water body.
C.
Planning Board review. No structure shall be erected, expanded or moved, no new lot shall be created, no topography shall be altered by excavation or filling and no natural vegetation shall be cleared until plans have been submitted to and approved by the Planning Board. Activity abutting minor waterways, however, need not be reviewed by the Planning Board; it is subject to Maine DEP regulations pursuant to the Natural Resources Protection Act.
D.
Site plan required. The developer shall file with the Planning Board a written application for approval of a contemplated use in the shoreland zone, accompanied by an application fee of $25, and a site plan of suitable scale containing the following information, in addition to information required in § 275-6.4, Site plan review:
(1)
The actual size, shape and location of the lot to be built upon or used;
(2)
The exact size and location of all existing and proposed structures and off-street parking and loading areas, and/or the exact size and location of existing and proposed areas within which land use activities are to be conducted, together with the existing and proposed use of all structures and land areas;
(3)
The exact distance, measured horizontally, of any existing or proposed structure or land use area from each lot line and from the normal high water line;
E.
Other pertinent information. Any other pertinent information which will assist the Planning Board in considering adequately the effect that the proposed use may have on the quality and integrity of the City's waterways and their adjacent shorelands, including, but not limited to:
(1)
The type and location of existing and proposed vegetative cover and existing and proposed cleared land, together with the location of land to be cleared during construction and the period of time such land will remain unvegetated;
(2)
Contours, at not greater than five-foot intervals, showing the existing and proposed surface topography and drainage, together with the methods to be used for alteration of the topography, including provisions made to prevent and control erosion and sedimentation; and
(3)
The elevation of the lowest floor (including basement).
F.
Planning Board finding. The Planning Board shall, after submission of a completed application, including all information requested, approve the issuance of a permit by the Code Enforcement Officer if it makes a positive finding, based on the information presented to it, that the proposed use:
(1)
Will maintain safe and healthful conditions;
(2)
Will not result in water pollution, erosion or sedimentation of surface waters;
(3)
Will not result in damage to spawning grounds, fish, aquatic life, bird and other wildlife habitat;
(4)
Will adequately provide for the disposal of all wastewater;
(5)
Will conserve shoreland vegetation;
(6)
Will conserve visual as well as actual points of access to waters;
(7)
Will protect archaeological and historic resources as designated in the Comprehensive Plan;
(8)
Will avoid problems associated with floodplain development and use; and
G.
Conditions of approval. Conditions such as, but not limited to, types and coverage of vegetation, increased setbacks and yards, specified sewage disposal facilities, period of operation and operational controls, specified drainage and erosion control measures, locations of piers, docks, parking and signs, and floodproofing of structures, may be required by the Planning Board upon findings that these are necessary to fulfill the purpose and intent of this section. The Planning Board has the authority to require more stringent standards than those contained herein, based upon amendments to the Mandatory Shoreland Zoning Act or rules and regulations issued by the Maine Department of Environmental Protection subsequent to the adoption of this section.
H.
Shoreland performance standards.
(1)
Agriculture.
(a)
All spreading of manure shall be accomplished in conformance with Manure Utilization Guidelines published by the former Maine Department of Agriculture, on November 1, 2001, or subsequent revisions thereof, and the Nutrient Management Law (7 M.R.S. §§ 4201 through 4208). A violation of these guidelines shall be considered a violation of this section.
(b)
Manure shall not be stored or stockpiled within 75 feet, horizontal distance, of the normal high water line of the Kennebec River, the Messalonskee Stream, streams or tributary streams. All manure storage areas within the shoreland zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated stormwater.
(c)
Agricultural activities involving tillage of soil greater than 20,000 square feet in surface area, or the spreading, disposal or storage of manure within the shoreland zone, shall require a Conservation Plan to be filed with the Planning Board. Nonconformance with the provisions of said plan shall be considered a violation of this section. See also § 275-4.29, Soil tillage.
(d)
There shall be no new tilling of soil within 75 feet, horizontal distance, of the normal high water line of the Kennebec River, the Messalonskee Stream, or streams, or within 25 feet, horizontal distance, of the normal high water line of tributary streams.
(e)
Livestock grazing areas shall not be permitted within 75 feet, horizontal distance, of the normal high water line of the Kennebec River, the Messalonskee Stream, or streams, or within 25 feet, horizontal distance, of the normal high water line of tributary streams.
(2)
Alteration of waterways. Dredging and filling of waterways require permits from the Maine Department of Environmental Protection.
(3)
Archaeological sites. Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on, the National Register of Historic Places, as determined by the Planning Board, shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment at least 20 days prior to action being taken by the Planning Board. The Planning Board shall consider comments received from the Commission prior to rendering a decision on the application.
(4)
Campgrounds shall conform to § 275-4.9, Campgrounds, and the minimum requirements imposed under state licensing procedures.
(5)
Clearing or removal of vegetation for activities other than timber harvesting.
(a)
Except to allow for the development of permitted uses, within a strip of land extending 75 feet, horizontal distance, inland from the high water line of the Kennebec River, the Messalonskee Stream, streams or tributary streams, a buffer strip of vegetation shall be preserved as follows:
[1]
There shall be no cleared opening greater than 250 square feet in the forest canopy (or other existing woody vegetation if a forested canopy is not present) as measured from the outer limits of the tree or shrub crown. However, a footpath not to exceed six feet in width as measured between tree trunks and/or shrub/stems is allowed, provided that a cleared line of sight to the water through the buffer strip is not created.
[2]
Selective cutting of trees within the buffer strip is permitted, provided that a well-distributed stand of trees and other vegetation is maintained. A "well-distributed stand of trees" is defined as maintaining a minimum rating score of eight per 25-foot by 25-foot square area (625 square feet). The score is determined by the following rating system:
Diameter of Tree at 4 1/2 Feet Above Ground Level (inches) | Points |
|---|---|
2 to less than 4 | 1 |
4 to less than 8 | 2 |
8 to less than 12 | 4 |
12 or greater | 8 |
[a]
Notwithstanding the above provisions, no more than 40% of the total volume of trees four inches or more in diameter, measured at 4 1/2 feet above ground level, may be removed in any ten-year period.
[b]
Other natural vegetation also must be well-distributed. "Other natural vegetation" is defined as existing vegetation under three feet in height and other ground cover, and retaining at least three saplings less than two inches in diameter at 4 1/2 feet above ground level for each 25-foot by 25-foot square area. If three saplings do not exist, no woody stems less than two inches in diameter can be removed until three saplings have been recruited into the plot.
[3]
Pruning of tree branches on the bottom 1/3 of the tree is allowed.
[4]
In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, diseased, unsafe or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species unless existing new tree growth is present.
[5]
In order to protect water quality and wildlife habitat, existing vegetation under three feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered or removed, except to provide for a footpath or other permitted uses as described in Subsection H(5)(a) and (a)[1] above.
(b)
At distances greater than 75 feet, horizontal distance, from the normal high water line of the Kennebec River or the Messalonskee Stream, there shall be permitted on any lot, in any ten-year period, selective cutting of not more than 40% of the volume of trees 4 1/2 inches or more in diameter, measured 4 1/2 feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the 40% calculation. For the purposes of these standards, volume may be considered to be equivalent to basal area.
[1]
In no event shall cleared openings for any purpose, including, but not limited to, principal and accessory structures, driveways, lawns and sewage disposal areas, exceed in the aggregate 25% of the lot area within the shoreland zone or 10,000 square feet, whichever is greater, including land previously cleared. This provision shall not apply to areas classified Shoreland C.
[2]
Cleared openings legally in existence on the effective date of this section may be maintained, but shall not be enlarged, except as permitted by this section.
(6)
Erosion and sedimentation control.
(a)
All activities which involve filling, grading, excavation or other similar activities which result in unstabilized soil conditions and which require a permit shall require a written soil erosion and sedimentation control plan. The plan shall be submitted to the Planning Board for approval and shall include, where applicable, provisions for:
(b)
In order to create the least potential for erosion, development shall be designed to fit with the topography and soil of the site. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.
(c)
Erosion and sedimentation control measures shall apply to all aspects of the proposed project involving land disturbance, and shall be in operation during all stages of the activity. The amount of exposed soil at every phase of construction shall be minimized to reduce the potential for erosion.
(d)
Any exposed ground area shall be temporarily or permanently stabilized within one week from the time it was last actively worked, by use of riprap, sod, seed and mulch, or other effective measures. In all cases, permanent stabilization shall occur within nine months of the initial date of exposure. In addition:
[1]
Where mulch is used, it shall be applied at a rate of at least one bale per 500 square feet and shall be maintained until a catch of vegetation is established.
[2]
Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover.
[3]
Additional measures shall be taken where necessary in order to avoid siltation into the water. Such measures may include the use of staked hay bales and/or silt fences.
(e)
Natural and man-made drainageways and drainage outlets shall be protected from erosion from water flowing through them. Drainageways shall be designed and constructed in order to carry water from a 25-year storm or greater, and shall be stabilized with vegetation or lined with riprap.
(7)
Essential services. Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.
(8)
Mineral exploration and extraction.
(a)
Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring or other methods which create minimal disturbance of less than 100 square feet of ground surface. A permit from the Code Enforcement Officer shall be required for mineral exploration which exceeds the above limitation. All excavations, including test pits and holes, shall be immediately capped, filled or secured by other equally effective measures so as to restore disturbed areas and to protect the public health and safety.
(b)
Mineral extraction may be permitted in accordance with § 275-4.12, Earth material removal, under the following conditions:
[1]
A reclamation plan shall be filed with and approved by the Planning Board before a permit is granted. Such plan shall describe in detail procedures to be undertaken to fulfill the requirements of Subsection H(8)(b)[3] below.
[2]
No part of any extraction operation, including drainage and runoff control features, is permitted within 75 feet of the normal high water line of the Kennebec River, Messalonskee Stream, streams or tributary streams. Extraction operations are not permitted within 100 feet of any property line. See § 275-4.12H(1) of the earth material removal regulations.
[3]
Within 12 months following the completion of extraction operations at any extraction site (Operations shall be deemed complete when less than 100 cubic yards of materials are removed in any consecutive twelve-month period.), ground levels and grades shall be established in accordance with § 275-3.12H(13) and the following:
[a]
All debris, stumps and similar material shall be removed for disposal in an approved location, or shall be buried on site. Only materials generated on-site may be buried or covered on-site.
[b]
The final graded slope shall be 2 1/2:1 slope or flatter. See § 275-4.12H(3).
[c]
Topsoil or loam shall be retained to cover all disturbed land areas, which shall be reseeded and stabilized with vegetation native to the area. Additional topsoil or loam shall be obtained from off-site sources if necessary to complete the stabilization project. See § 275-4.12H(13)(d).
[4]
In keeping with the purposes of this chapter, the Planning Board may impose such conditions as are necessary to minimize the adverse impacts associated with mineral extraction operations on surrounding uses and resources.
(9)
Parking areas. See § 275-4.23, Off-street parking and loading requirements.
(a)
Parking areas shall meet the shoreline setback requirements for structures in the district in which the parking lots are proposed, except that the setback requirement for parking areas serving public boat launching facilities may be reduced to no less than 50 feet from the normal high water line in Class A and Class B shorelands, if the Planning Board finds that no other reasonable alternative exists.
(b)
Parking areas shall be adequately sized for the proposed use and shall be designed to prevent stormwater runoff from flowing directly into a water body and, where feasible, to retain all runoff on-site.
(c)
In determining the appropriate size of proposed parking facilities, the following shall apply:
(10)
Piers, docks, wharfs, bridges and other structures and uses extending over or below the normal high water line of a water body.
(a)
New permanent piers and docks shall not be permitted unless it is clearly demonstrated to the Planning Board that a temporary pier or dock is not feasible, and a permit has been obtained from the Department of Environmental Protection, pursuant to the Natural Resources Protection Act.
(b)
No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending below the normal high water line of a water body unless the structure requires direct access to the water as an operational necessity. Boat houses must meet the structure setback requirement.
(c)
The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the surrounding character and uses of the area. A temporary pier, dock or wharf shall not be wider than six feet for noncommercial uses.
(d)
Structures built on, over or abutting a pier, wharf, dock or other structure extending below the normal high water line of a water body shall not exceed 20 feet in height above the pier, wharf, dock or other structure.
(e)
Access from the shore shall be developed on soils appropriate for such use and constructed so as to control erosion.
(f)
The location shall not interfere with developed beach areas.
(g)
The facility shall be located so as to minimize adverse effects on fisheries.
(h)
No existing structures built on, over or abutting a pier, dock, wharf or other structure extending below the normal high water line of a water body shall be converted to residential dwelling units in any district.
(i)
A thirty-foot-wide channel in the center of the Messalonskee Stream shall be maintained unobstructed.
(11)
Roads and driveways. The following standards apply to the construction of roads and/or driveways and drainage systems, culverts and other related features:
(a)
Roads and driveways shall be set back at least 75 feet from the normal high water line of the Kennebec River, the Messalonskee Stream, streams or tributary streams, unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable alternative exists, the Planning Board may reduce the road and/or driveway setback requirement to no less than 50 feet, upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body or tributary stream. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body or tributary stream.
(b)
On slopes of greater than 20%, the road and/or driveway setback shall be increased by 10 feet for each 5% increase in slope above 20%. Subsection H(11)(a) and (b) do not apply to approaches to water crossings or to roads or driveways that provide access to permitted structures and facilities located nearer to the shoreline or tributary stream due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of Subsection H(11)(a) and (b), except for that portion of the road or driveway necessary for direct access to the structure.
(c)
Existing public roads may be expanded within the legal road right-of-way, regardless of the required setback from a water body or tributary stream.
(d)
Road and driveway banks shall be no steeper than a slope of two horizontal to one vertical and shall be graded and stabilized in accordance with the provisions contained in Subsection H(6), Erosion and sedimentation control.
(e)
Road and driveway segments shall have grades no greater than 10%, except for segments of less than 200 feet.
(f)
In order to prevent road and driveway surface drainage from directly entering water bodies or tributary streams, roads and driveways shall be designed, constructed and maintained to empty onto an unscarified buffer strip at least 50 feet plus two times the average slope in width, between the outflow point of the ditch or culvert and the normal high water line of a water body or tributary stream. Road and driveway surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoff and to minimize channelized flow of the drainage through the buffer strip.
(g)
Ditch relief (cross-drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow gains sufficient volume or head to erode the road, driveway or ditch. To accomplish this, the following shall apply:
[1]
Ditch relief culverts, drainage dips and associated water turnouts shall be spaced along the road or driveway at intervals no greater than indicated in the following table:
Grade | Spacing (feet) |
|---|---|
0 to 2% | 250 |
3% to 5% | 200 to 135 |
6% to 10% | 100 to 80 |
11% to 15% | 80 to 60 |
16% to 20% | 60 to 45 |
21% and above | 40 |
[2]
Drainage dips may be used in place of ditch relief culverts only where the grade is 10% or less.
[3]
On sections having slopes greater than 10%, ditch relief culverts shall be placed at approximately a 30° angle downslope from a line perpendicular to the center line of the road or driveway.
[4]
Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning, and their inlet and outlet ends shall be stabilized with appropriate materials.
(h)
Ditches, culverts, bridges, dips, water turnouts and other stormwater runoff control installations associated with roads and driveways shall be maintained on a regular basis to assure effective functioning.
(12)
Septic waste disposal.
(a)
All subsurface sewage disposal systems in shoreland areas shall be located in areas of suitable soil of at least 1,000 square feet in size and set back 100 horizontal feet from the normal high water line.
(b)
No building permit shall be issued for any structure or use involving the construction, installation or alteration of plumbing facilities unless a permit for such facilities has been secured by the applicant indicating conformance with the Maine State Plumbing Code.
(c)
All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules. In addition, clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions shall not extend closer than 75 feet, horizontal distance, to the normal high water line of a water body. No holding tank is allowed in the shoreland zone for a first-time residential use.
(13)
Signs and billboards. See § 275-4.28, Sign regulations.
(a)
Signs and billboards. Billboards are prohibited in Class A shorelands and stream protection districts.
(b)
Signs in Class A shorelands and stream protection districts shall not exceed two such signs per premises, shall not be larger than two square feet, shall not be higher than six feet from the ground and shall be limited to names of residents, notice of sale and notice of no trespassing or hunting.
(14)
Soils.
(a)
All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement and water pollution, whether during or after construction.
(b)
Proposed uses requiring subsurface waste disposal and commercial or industrial development and other similar intensive land uses require a soils report. See § 275-4.30, Soil suitability for construction. Suitability considerations shall be based primarily on criteria employed in the National Cooperative Soil Survey as modified by on-site factors such as depth to water table, depth to refusal, drainage conditions and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.
(15)
Stormwater runoff.
(a)
All new construction and development shall be designed to minimize stormwater runoff from the site in excess of the natural pre-development conditions. Where possible, existing natural runoff control features such as berms, swales, terraces and wooded areas shall be retained in order to reduce runoff and encourage infiltration of stormwater.
(b)
Stormwater runoff control systems shall be maintained as necessary to ensure proper functioning.
(16)
Vegetation may be removed in excess of the standards in Subsection H(5) in order to conduct shoreline stabilization of an eroding shoreline, provided that a permit is obtained from the Planning Board. Construction equipment must access the shoreline by barge when feasible as determined by the Planning Board. When necessary, the removal of trees and other vegetation to allow for construction equipment access to the stabilization site via land must be limited to no more than 12 feet in width. When the stabilization project is complete the construction equipment accessway must be restored. Note: A permit pursuant to the Natural Resource Protection Act is required from the Department of Environmental Protection for Shoreline Stabilization activities.[1]
[1]
Editor's Note: Original Subsection 4.2.25H(16), Timber harvesting, was repealed in 2016. The municipal regulation of timber harvesting activities is repealed on the statutory date established under 38 M.R.S. § 438-B(5), at which time the State of Maine Department of Conservation's Bureau of Forestry shall administer timber harvesting standards in the shoreland zone.
(17)
Water quality. No activity shall deposit on or into the ground or discharge to the waters of the City any pollutant that, by itself or in combination with other activities or substances, will impair designated uses or the water classification of the water body or tributary stream. See also § 275-4.32, Water quality impacts.
I.
Shorelands classified. See Subsection B, Applicability.
(1)
Class A, Class B and Class C shorelands. For the purposes of this section, the shorelands of the Kennebec River and the Messalonskee Stream are divided into the following classes, which are identified on the Shoreland Zoning Appendix to the Official Zoning Map:
(a)
Class A shorelands: areas which are not developed or which are developed less intensively than Class B shorelands. In Class A shorelands, the first 100 feet inland from the high water line are subject to the restrictions of the Resource Protection District.
(b)
Class B shorelands: areas which are devoted to intensive residential, recreational, commercial, institutional or industrial activities or combinations of such activities.
(c)
Class C shoreland: areas in which the natural bank of the Kennebec River or the Messalonskee Stream were altered and structurally stabilized to support industrial buildings (the Wyandotte Woolen Mill) or utilities (the Kennebec Water District).
(2)
Stream protection district. The stream protection district includes all land areas within 75 feet, horizontal distance, of the normal high water line of a stream (as defined), exclusive of those areas within 250 feet, horizontal distance, of the normal high water line of the Kennebec River or the Messalonskee Stream. Where a stream and its associated shoreland area are located within 250 feet, horizontal distance, of the above water bodies, that land area shall be regulated under the terms of the shoreland district associated with that water body. See Subsection J(4), Uses permitted within the stream protection district, and Subsection J(5), Prohibited uses within the stream protection district.
(3)
Minor waterways. Minor waterways are those brooks designated on the Shoreland Zoning Appendix to the Official Zoning Map or as defined. See Maine Department of Environmental Protection regulations pursuant to the Natural Resources Protection Act.
J.
Structures, lots and uses in shoreland areas.
(1)
Dimensional requirements.
Land Use | Minimum Lot Area1 (square feet) | Minimum Shore Frontage2 (feet) | Maximum Lot Coverage |
|---|---|---|---|
Residential | |||
Class A | 40,000 | 200 | 20% |
Class B | 40,000 | 200 | 20% |
Governmental, institutional, commercial, industrial, per principal structure1 | 60,000 | 300 | 70% |
Public and private recreation | 40,000 | 200 | 20% |
Minimum setback from shoreline.
Principal Structure (feet) | Accessory Structure4 (feet) | |
|---|---|---|
Class A | 100 | 100 |
Class B | 75 | 75 |
Class C | 25 | 25 |
Stream protection district | 75 | 75 |
Tributary streams | 75 | 75 |
Minor waterways | 3 | 3 |
Notes: | |
|---|---|
1 | |
2 | Measured in a straight line between the points of intersection of the side lot lines with the shoreline at normal high water elevation. See Subsection J(1)(e). |
3 | See Maine Department of Environmental Protection regulations pursuant to the Natural Resources Protection Act. |
4 | See Subsection J(1)(b). |
(a)
If more than one residential dwelling unit, principal governmental, institutional, commercial or industrial structure or use, or combination thereof, is constructed or established on a single parcel, all dimensional requirements shall be met for each additional dwelling unit, principal structure or use.
(b)
The following accessory structures are not subject to setback requirements: piers, docks, wharves, bridges, uses projecting into water bodies as an operational necessity and accessory public utility installations.
(c)
Land below the normal high water line of a water body and land beneath roads serving more than two lots shall not be included when calculating minimum lot area.
(d)
Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971.
(e)
The minimum width of any portion of any lot within 100 feet, horizontal distance, of the normal high water line of a water body shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.
(f)
The water body setback provision shall not apply to structures which require direct access to the water as an operational necessity, such as piers, docks and retaining walls, or to other functionally water-dependent uses.
(g)
Principal or accessory structures and expansions of existing structures shall not exceed 35 feet in height. This provision shall not apply to structures such as transmission towers, windmills, antennas and similar structures having no floor area.
(h)
The lowest floor elevation or openings of all buildings and structures, including basements, shall be elevated at least one foot above the elevation of the 100-year flood, the flood of record or, in the absence of these, the flood as defined by soil types identified as recent floodplain soils.
(i)
Notwithstanding the requirements stated above, stairways or similar structures may be allowed, with a permit from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils, provided: that the structure is limited to a maximum of four feet in width, that the structure does not extend below or over the normal high water line of a water body (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S. § 480-C) and that the applicant demonstrates that no reasonable access alternative exists on the property.
(3)
Prohibited uses. The following uses are prohibited in the shorelands of the Kennebec River and the Messalonskee Stream unless connected to the sanitary sewer:
(a)
Auto washing facilities (Surface water runoff must be directed to the stormwater sewer.).
(b)
Auto or other vehicle service and/or repair operations, including body shops.
(c)
Chemical and bacteriological laboratories.
(d)
Storage of chemicals, including herbicides, pesticides or fertilizers other than amounts normally associated with individual households or farms.
(e)
Commercial painting, wood preserving and furniture stripping.
(f)
Dry-cleaning establishments.
(g)
Electronic circuit assembly.
(h)
Laundromats.
(i)
Metal plating, finishing or polishing.
(j)
Petroleum or petroleum product storage and/or sale, except storage on the same property as the use occurs and except for storage and sales associated with marinas.
(k)
Photographic processing.
(l)
Printing.
(4)
Uses permitted within the stream protection district.
(a)
Approval of the Planning Board is required for the following uses:
(b)
Approval of the Code Enforcement Officer is required for the following uses:
(5)
Prohibited uses within the stream protection district:
(a)
Mineral exploration.
(b)
Mineral extraction, including sand and gravel extraction.
(c)
Dwelling units.
(d)
Commercial uses.
(e)
Industrial development.
(f)
Governmental and institutional development, other than those uses specifically permitted in Subsection J(4), Uses permitted.
(g)
Campgrounds and individual private campsites.
(h)
Parking facilities.
(i)
The installation of essential services is not permitted in a stream protection district, except to provide services to permitted uses within said district, or except where the applicant demonstrates that no reasonable alternative exists. Where permitted, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.
K.
Nonconformance. See § 275-4.2, Nonconforming uses.
(1)
Purpose. It is the intent of this Subsection K to promote land use conformities, except that nonconforming conditions that existed before the effective date of this Subsection K or amendments thereto shall be allowed to continue, subject to the requirements set forth in this Subsection K. Except as otherwise provided in this Subsection K, a nonconforming condition shall not be permitted to become more nonconforming.
(2)
General.
(a)
Transfer of ownership. Nonconforming structures, lots and uses may be transferred, and the new owner may continue the nonconforming use or continue to use the nonconforming structure or lot, subject to the provisions of this Subsection K.
(b)
Repair and maintenance. This Subsection K allows, without a permit, the normal upkeep and maintenance of nonconforming uses and structures, including repairs or renovations that do not involve expansion of the nonconforming use or structure, and such other changes in a nonconforming use or structure as federal, state or local building and safety codes may require.
(3)
Nonconforming structures.
(a)
Expansions. All new principal and accessory structures, excluding functionally water-dependent uses, must meet the water body, tributary stream or wetland setback requirements contained in Subsection J(1). A nonconforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the nonconformity of the structure and is in accordance with Subsection K(3)(a)[1] and [2] below.
[1]
Expansion of any portion of a structure within 25 feet of the normal high-water line of a water body, tributary stream or upland edge of a wetland is prohibited, even if the expansion will not increase nonconformity with the water body, tributary stream or wetland setback requirement. Expansion of an accessory structure that is located closer to the normal high-water line of a water body, tributary stream or upland edge of a wetland than the principal structure is prohibited, even if the expansion will not increase nonconformity with the water body, tributary stream or wetland setback requirement.
[2]
Notwithstanding Subsection K(3)(a)[1] above, if a legally existing nonconforming principal structure is entirely located less than 25 feet from the normal high-water line of a water body, tributary stream or upland edge of a wetland, that structure may be expanded as follows, as long as all other applicable municipal land use standards are met and the expansion is not prohibited by Subsection K(3)(a).
[a]
The maximum total footprint for the principal structure may not be expanded to a size greater than 800 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of the principal structure may not be made greater than 15 feet or the height of the existing structure, whichever is greater.
[3]
All other legally existing nonconforming principal and accessory structures that do not meet the water body, tributary stream or wetland setback requirements may be expanded or altered as follows, as long as other applicable municipal land use standards are met and the expansion is not prohibited by Subsection K(3)(a) or K(3)(a)[1] above.
[a]
For structures located less than 75 feet from the normal high-water line of a water body, tributary stream or upland edge of a wetland, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,000 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of any structure may not be made greater than 20 feet or the height of the existing structure, whichever is greater.
[b]
For structures located less than 100 feet from the normal high-water line of a great pond classified as GPA or a river flowing to a great pond classified as GPA, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,500 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of any structure may not be made greater than 25 feet or the height of the existing structure, whichever is greater. Any portion of those structures located less than 75 feet from the normal high-water line of a water body, tributary stream or upland edge of a wetland must meet the footprint and height limits in Subsection K(3)(a)[2][a] and K(3)(a)[3][a] above.
[c]
In addition to the limitations in Subsections [a] and [b], for structures that are legally nonconforming due to their location within the Resource Protection District when located at less than 250 feet from the normal high-water line of a water body or the upland edge of a wetland, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,500 square feet or 30% larger than the footprint that existed at the time the Resource Protection District was established on the lot, whichever is greater. The maximum height of any structure may not be made greater than 25 feet or the height of the existing structure, whichever is greater, except that any portion of those structures located less than 75 feet from the normal high-water line of a water body, tributary stream or upland edge of a wetland must meet the footprint and height limits in Subsection K(3)(a)[2][a] and Subsection K(3)(a)[3][a] above.
[4]
An approved plan for expansion of a nonconforming structure must be recorded by the applicant with the Registry of Deeds within 90 days of approval. The recorded plan must show the existing and proposed footprint of the nonconforming structure, the existing and proposed structure height, the footprint of any other structures on the parcel, the shoreland zone boundary and evidence of approval by the municipal review authority.
(b)
Foundations. Whenever a new, enlarged or replacement foundation is constructed under a nonconforming structure, the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board or its designee, basing its decision on the criteria specified in Subsection K(3)(c), Relocation, below.
(c)
Relocation. A nonconforming structure may be relocated within the boundaries of the parcel on which the structure is located, provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Planning Board or its designee, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of state law and the State of Maine Subsurface Wastewater Disposal Rules (Rules), or that a new system can be installed in compliance with the law and said Rules. In no case shall a structure be relocated in a manner that causes the structure to be more nonconforming.
[1]
In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board or its designee shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation.
[2]
When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Planning Board shall require replanting of native vegetation to compensate for the destroyed vegetation. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as follows:
[a]
Trees removed in order to relocate a structure must be replanted with at least one native tree, three feet in height, for every tree removed. If more than five trees are planted, no one species of tree shall make up more than 50% of the number of trees planted. Replaced trees must be planted no further from the water or wetland than the trees that were removed.
[b]
Other woody and herbaceous vegetation, and ground cover, that is removed or destroyed in order to relocate a structure must be reestablished. An area at least the same size as the area where vegetation and/or ground cover was disturbed, damaged or removed must be reestablished within the setback area. The vegetation and/or ground cover must consist of similar native vegetation and/or ground cover that was disturbed, destroyed or removed.
[c]
Where feasible, when a structure is relocated on a parcel, the original location of the structure shall be replanted with vegetation, which may consist of grasses, shrubs, trees, or a combination thereof.
(d)
Reconstruction or replacement.
[1]
Any nonconforming structure which is located less than the required setback from a water body, tributary stream or wetland, and which is removed or damaged or destroyed, regardless of the cause, by more than 50% of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced, provided that a permit is obtained within 18 months of the date of said damage, destruction or removal, and provided that such reconstruction or replacement is in compliance with the water body, tributary stream or wetland setback requirement to the greatest practical extent as determined by the Planning Board or its designee in accordance with the purposes of this Subsection K. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity. If the reconstructed or replacement structure is less than the required setback it shall not be any larger than the original structure, except as allowed pursuant to Subsection K(3)(a) above, as determined by the nonconforming footprint of the reconstructed or replaced structure at its new location. If the total footprint of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Subsection K(3)(c) above.
[2]
Any nonconforming structure which is located less than the required setback from a water body, tributary stream or wetland and which is removed by 50% or less of the market value, or damaged or destroyed by 50% or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place if a permit is obtained from the Code Enforcement Officer within one year of such damage, destruction or removal.
(e)
Change of use of a nonconforming structure.
[1]
The use of a nonconforming structure may not be changed to another use unless the Planning Board, after receiving a written application, determines that the new use will have no greater adverse impact on the water body, tributary stream or wetland, or on the subject or adjacent properties and resources, than the existing use.
[2]
In determining that no greater adverse impact will occur, the Planning Board shall require written documentation from the applicant, regarding the probable effects on public health and safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, floodplain management, archaeological and historic resources, and commercial fishing and maritime activities, and other functionally water-dependent uses.
(4)
Nonconforming uses.
(a)
Expansions. Expansions of nonconforming uses are prohibited, except that nonconforming residential uses may, after obtaining a permit from the Planning Board, be expanded within existing residential structures or within expansions of such structures as allowed in Subsection K(3)(a) above.
(b)
Resumption prohibited. A lot, building or structure in or on which a nonconforming use is discontinued for a period exceeding one year, or which is superseded by a conforming use, may not again be devoted to a nonconforming use; except that the Planning Board may, for good cause shown by the applicant, grant up to a one-year extension to that time period. This provision shall not apply to the resumption of a use of a residential structure, provided that the structure has been used or maintained for residential purposes during the preceding five-year period.
(c)
Change of use. An existing nonconforming use may be changed to another nonconforming use, provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources, including water-dependent uses in the CFMA District, than the former use, as determined by the Planning Board. The determination of no greater adverse impact shall be made according to criteria listed in Subsection K(3)(e) above.
(5)
Nonconforming lots.
(a)
A nonconforming lot of record as of the effective date of this Subsection K or any amendment thereto may be built upon, without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership, and that all provisions of this Subsection K except lot area, lot width and shore frontage can be met. Variances relating to setback or other requirements not involving lot area, lot width or shore frontage shall be obtained by action of the Board of Appeals.
(b)
Contiguous built lots.
[1]
If two or more contiguous lots or parcels are in a single or joint ownership of record at the time of adoption of this Subsection K, if all or part of the lots do not meet the dimensional requirements of this Subsection K, and if a principal use or structure exists on each lot, the nonconforming lots may be conveyed separately or together, provided that the State Minimum Lot Size Law (12 M.R.S. §§ 4807-A through 4807-D) and the State of Maine Subsurface Wastewater Disposal Rules are complied with.
[2]
If two or more principal uses or structures existed on a single lot of record on the effective date of this Subsection K, each may be sold on a separate lot, provided that the above referenced law and rules are complied with. When such lots are divided, each lot thus created must be as conforming as possible to the dimensional requirements of this Subsection K.
(c)
Contiguous lots, vacant or partially built.
[1]
If two or more contiguous lots or parcels are in single or joint ownership of record at the time of or since adoption or amendment of this Subsection K, if any of these lots do not individually meet the dimensional requirements of this Subsection K or subsequent amendments, and if one or more of the lots are vacant or contain no principal structure, the lots shall be combined to the extent necessary to meet the dimensional requirements.
[2]
[NOTE: Consistent with 38 M.R.S. section 438-A(1-A)(B), the immediately following exception may be adopted at the end of Section 12(E)(3) above if the municipality wishes to grandfather certain contiguous lots that were conforming and under the same ownership at the time lot size and shore frontage requirements were increased beyond those found in subparagraph E(3)(a).] This provision shall not apply to two or more contiguous lots, at least one of which is nonconforming, owned by the same person or persons on the effective date of this Subsection K and recorded in the Registry of Deeds if the lot is served by a public sewer or can accommodate a subsurface sewage disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules; and:
[a]
Each lot contains at least 100 feet of shore frontage and at least 20,000 square feet of lot area; or
[b]
Any lots that do not meet the frontage and lot size requirements of Subsection K(5)(c)[1] are reconfigured or combined so that each new lot contains at least 100 feet of shore frontage and 20,000 square feet of lot area.
L.
Variances. See § 275-6.2E(4), Variances. A copy of all variances granted by the Zoning Board of Appeals shall be submitted to the Department of Environmental Protection within seven days of the decision.
§ 275-4.28 Sign regulations.
[Amended 5-20-2025 by Ord. No. 101-2025]
A.
Signs in residential and institutional zones.
(1)
No sign in these zones shall be flashing or animated; no sign shall be illuminated by use of glaring light.
(2)
No sign shall be larger than 16 inches by 24 inches for the identification of professional offices or for the advertising of other permitted uses. In any identifying type sign, each minor sign below the main sign shall not exceed five inches by 24 inches. Only one sign shall be permitted per property, except that an identifying type sign which advertises more than one business occupant of the property shall be considered one sign.
(3)
Home occupations may have only one sign, which shall be no larger than five inches by 24 inches. The sign must be affixed to the home, not freestanding.
(4)
Exceptions to the size limitation may be made by the Code Enforcement Officer in the case of institutional uses (including churches), provided that they are erected on the property to which the sign applies.
(5)
Exceptions to the size limitation may be made by the Code Enforcement Officer for a temporary sign (no more than one exception, not to exceed six months).
(6)
On single lots only one real estate sign, i.e., for sale, for lease, etc., shall be permitted and shall not exceed three feet by two feet overall dimensions. In cases where three or more lots are for sale, these signs shall not exceed four feet by eight feet.
(7)
Only the following advertising signs shall be permitted: signs pertaining to the sale, rent or lease of rooms, apartments, houses or property, and farm stands in Rural Residential Zones.
(8)
Existing nonconforming funeral homes shall be permitted to have signs not to exceed 24 inches by 36 inches.
B.
Signs in commercial and industrial zones.
(1)
Freestanding signs advertising goods or services offered on the premises of a conforming business may be built in, or extend into, a required setback. The advertising space of such signs shall not exceed 12 feet in height or 25 feet in length. No more than three advertising signs, having a combined area of less than 300 square feet, may be erected per 100 feet of road frontage. Both sides of such signs may be used for advertising.
(2)
No more than 20% of a wall can be devoted to advertising. Signs attached to a wall shall not project above the roof or parapet line or extend beyond the wall line.
(3)
The total area of roof signs shall not be more than 20% of the area of the wall directly in line with the face of the sign. Diagonal signs on roofs shall be limited to 20% of the area of the smaller wall.
(4)
Existing nonconforming businesses shall be permitted to have signs with the size and lighting subject to the approval of the Code Enforcement Officer.
(5)
Changeable signs.
(a)
Where not otherwise controlled by the Maine Department of Transportation, the messages displayed on on-premises changeable signs in commercial and industrial zones may change as frequently as every five seconds and no faster.
(b)
Signs may not flash but may display continuous streaming of information or video animation.
(c)
The display may comprise no more than 50% of the surface area of a changeable sign.
(d)
No more than one changeable sign with two sides is allowed per lot of record.
(e)
Changeable signs may not be located such that the message is readable from a controlled-access highway or ramp.
(f)
The highest point of the display of a changeable sign may not exceed a height of 25 feet above either the center line of the nearest public way or actual ground level adjacent to the sign, whichever is lower.
(g)
The size, intensity of illumination and acceptable rate of change between the time display and the temperature display of a time-and-temperature sign must comply with rules, policies or guidelines adopted by the Maine Department of Transportation.
C.
Signs in the Industrial Park Zone.
(1)
One identifying sign shall be permitted facing each public street and shall be located on the principal building of each industrial or other permitted use.
(2)
Identifying signs shall be permanently attached to, or constructed as part of, the face of the building or erected on a marquee. Signs or parts of signs shall not extend above the roofline of the building to which they are attached.
(3)
Area of signs. Signs shall not exceed 100 square feet in area for each 300 feet of road frontage.
D.
Off-premises business directional signs. A maximum of six off-premises business directional signs may be permitted a business or institutional facility which is located in a commercial, industrial or institutional zone, unless specifically prohibited below.
(1)
Off-premises business directional signs are prohibited for businesses and institutional facilities which either:
(a)
Are located in the congested business area beginning on Water Street at the intersection of Water Street and Front Street, proceeding north on Front Street to Union Street, proceeding west on Union Street to College Avenue, proceeding north on College Avenue to Getchell Street, proceeding west on Getchell Street to Main Street, then south on Main Street to North Street, then west on North Street to Pleasant Street, proceeding south on Pleasant Street to Western Avenue, then east on Western Avenue to Elm Street, proceeding south on Elm Street to Silver Street, then north on Silver Street to Sherwin Street, proceeding east on Sherwin Street to Water Street, then north on Water Street to Front Street (excluding businesses located on Front Street and Water Street); or
(2)
Manufacturing firms employing a minimum of 100 full-time employees on site in a General Industrial Zone are exempt from the frontage restrictions in this section.
(3)
Businesses located on Airport Road will only be allowed one sign each, with the sign to be located at the intersection of Kennedy Memorial Drive and Airport Road. Businesses located on Industrial Park Road will only be allowed one sign each, with the sign to be located at the intersection of Armory Road and Industrial Park Road.
(4)
The applicant must pay a one-time fee of $5 to the City of Waterville. Upon receiving a written statement from the Code Enforcement Officer that the business is eligible under this section, the applicant may apply to the Maine Department of Transportation for a maximum of six off-premises business directional signs. The size, shape, color, lighting, manner of display and lettering are subject to the regulations of the Department of Transportation. The applicant is responsible for obtaining the sign. The installation, and removal if the applicant fails to pay the required fees or maintain the signs, is the responsibility of the Department of Transportation.
(5)
Notwithstanding the limitations contained in this section, all hospitals are eligible for signs and may apply to the Department of Transportation for a waiver of the six-sign limitation on the grounds of unusual hardship in accordance with 23 M.R.S. § 1911(3). No other business or institutional facility is eligible for a waiver of any of the provisions of this chapter.
(6)
The restrictions contained in this section shall not apply to the signs described in 23 M.R.S. § 1913-a. Signs described therein are permitted subject only to applicable state statutes and regulations.
E.
Signs shall be removed immediately after the businesses that they advertise cease to operate.
§ 275-4.29 Soil tillage.
[Amended 5-20-2025 by Ord. No. 101-2025]
Where soil in excess of 20,000 square feet is tilled, such tillage shall be carried out in conformance with the provisions of a conservation plan which meets the standards of the Department of Agriculture, Conservation and Forestry and is approved by the Kennebec County Soil and Water Conservation District. The number of the plan shall be filed with the Planning Board. Nonconformance with the provisions of that conservation plan shall be considered to be a violation of this chapter.
§ 275-4.30 Soil suitability for construction.
[Amended 5-20-2025 by Ord. No. 101-2025]
A.
In any instance where the Code Enforcement Officer or City Engineer doubts the capability of the soil to adequately accommodate proposed construction, the City may require that a soil test be made, at the owner's expense, by a soil scientist licensed in the State of Maine.
B.
If the soil type is classified as having "poor" or "very poor" suitability for the proposed use in the Kennebec County Soil and Water Conservation District Soils Maps, the City may require the developer to submit written evidence from a professional civil engineer, registered in the State of Maine, that the soil will be able to support all proposed pavement, structures and utilities. This report may include recommended engineering measures to ensure that cracking, subsidence or other failure will not result.
§ 275-4.31 Temporary structures.
[Amended 7-17-2025 by Ord. No. 116-2025]
A jobsite trailer, also known as a mobile office or portable construction trailer, may be used on an approved construction site to provide a temporary workspace for project staff for a period of one year, with the option of renewing for one year at the discretion of the Code Enforcement Officer.
§ 275-4.32 Water quality impacts.
A.
No activity shall discharge materials into surface or ground waters so as to pollute those waters or to harm human, animal, plant or aquatic life.
B.
All above-ground storage facilities for fuel, chemicals, industrial wastes or biodegradable raw materials shall be located on impervious pavement and shall be completely enclosed by an impervious dike which shall be high enough to contain the total volume of liquid kept within the storage area, plus the rain falling into the storage area during a 25-year storm, so that such liquid will not be able to spill onto or seep into the ground surrounding the paved storage area. Storage tanks for home heating oil and diesel fuel not exceeding 275 gallons in size are exempt from this requirement.
C.
All below-ground tanks must meet the standards of the Maine Department of Environmental Protection.
§ 275-4.33 Chickens.
A.
Applicability. The following regulations apply to keeping no more than six female chickens for noncommercial use. Raising of more than six chickens (hens or roosters) is subject to § 275-4.5, Animal husbandry and boarding kennels, and is allowed only in the Rural Residential Zone.
B.
Purpose. The purpose of these performance standards is to allow the residents of Waterville the opportunity to own pet chickens and benefit from having fresh eggs available to them, without infringing upon the rights of their neighbors to enjoy their properties.
C.
Minimum land area. Keeping six or fewer chickens requires a land area of at least 8,000 square feet.
D.
Number, gender, species and use of chickens.
(1)
No more than six hens are allowed per lot; no roosters are allowed.
(2)
Chickens are to be kept as pets and for personal use only, not for commercial use. The sale of eggs or fertilizer and the breeding of chickens is not allowed.
(3)
Chicken species are limited to laying hens; the keeping of birds bred for meat is not allowed.
(4)
The slaughtering of chickens is prohibited.
E.
Enclosures. Hens must be kept in enclosed areas. During daylight hours, they may be in outdoor wire pens. At night, chickens must be secured within henhouses.
(1)
Setbacks. Henhouses and pens must be located at least 15 feet from side and rear property lines and at least 20 feet from the nearest residence existing at the time of permit issuance (other than the dwelling on the same lot). Henhouses and pens are not allowed in front yards.
(2)
Placement on lots. All pens, runs and henhouses shall be constructed and located on the site in a manner that will minimize the adverse effects upon surrounding properties. Among the factors that shall be considered are the relationship of the use to the topography, natural and planted horticultural screening, the direction and intensity of the prevailing wind and the relationship and location of residences on nearby properties.
(3)
Living area. Henhouses must provide a minimum of four square feet of floor area per bird, and pens must have a minimum of 60 square feet of ground space.
(4)
Security. Measures must be taken to discourage predators and rodents. Henhouses must be raised off the ground, enclosed on all sides, and have a floor, roof and tight-fitting doors that can be latched securely at night. Pens must be constructed with heavy wire fencing. Pens must be covered. Adequate sun, shade and ventilation must be provided.
(5)
Sanitation.
(a)
Every effort shall be made to avoid negatively impacting the property of neighbors. The owners of chickens shall maintain their properties in a clean, orderly and sanitary condition at all times. Chicken owners shall not allow waste material to accumulate or provide a breeding place for insects or rodents.
(b)
Storage of waste.
[1]
Temporary storage containers for any wastes not being composted shall be kept tightly covered at all times. Such containers shall be made of steel or plastic to facilitate cleaning, and shall be located in accordance with the setbacks required in Subsection E(1), Setbacks, above.
[2]
If chickens are kept within 100 feet of a water body, provisions must be made to prevent the runoff of pollution into that water body.
[3]
All waste not used for fertilizer and all uneaten feed must be removed in a timely fashion.
(6)
Lighting. Any exterior lighting must operate with a motion detector.
F.
Permits required. An inspection of the henhouse and pen by the Code Enforcement Officer is required, and a permit fee of $25 will be charged for the inspection. The Code Enforcement Officer may revoke the permit if any violation of any performance standard occurs. See § 275-6.1A, Violations and legal action, et seq.
§ 275-4.34 Solar farms.
[Amended 3-6-2024 by Ord. No. 49-2024; 5-20-2025 by Ord. No. 101-2025]
A.
Solar farm siting.
(1)
For the Planning Board to recommend rezoning and the City Council to rezone land to allow solar farms as defined, proposed sites must be appropriate for solar farm development. Solar arrays minimize impervious area and allow landowners to generate income from land that otherwise might not be developed.
(a)
Unless specifically prohibited in Subsection A(1)(b) below, sites are appropriate for rezoning to allow solar farms as defined if one or more of the following criteria apply:
[1]
The parcel cannot be developed economically for housing, commercial, or industrial uses because of significant percentages (15% or more) of wetland, fragile slopes (sustained slopes of 20% or greater or unstable slopes), high water table, or shallow depth to bedrock (zero to 15 inches);
[2]
It is not economically feasible for the Kennebec Water District and/or the Waterville Sewerage District to provide service to the parcel;
[3]
The site is degraded land such as landfills, brownfields, and sand and gravel pits;
[4]
The site has existing commercial or industrial uses;
[5]
Electricity generated by the solar farm will serve businesses on that site; or
[6]
Solar panels will be located more than 300 feet from public water and sewer lines in public streets.
(b)
Land which is not appropriate for rezoning to allow solar farms as defined is the portion of a site meeting any of the following criteria:
[1]
Land containing significant wildlife and rare, threatened and endangered species habitat shown on the Beginning with Habitat map produced by the Maine Department of Inland Fisheries and Wildlife (MDIF&W), unless the City accepts on-site investigation to refine those maps;
[2]
Acreage in excess of 10% of a solar farm site consisting of soils defined by the USDA Natural Resources Conservation Service as prime farmland or farmland of statewide importance. This determination requires a field-based survey conducted by a licensed soil scientist;
[3]
Land located in the shorelands of the Kennebec River and the Messalonskee Stream (other than in reclaimed gravel pits);
[4]
Land in 100-year floodplains;
[5]
Land in local or national historic districts or on significant archaeological and historic sites; or
[6]
Natural sites of significant scenic or aesthetic value as identified in the City of Waterville adopted Comprehensive Plan.
B.
Review and approval. Site plan review by the Planning Board in accordance with the provisions of Chapter 244, Subdivision of Land; Site Plan Review, of the City Code is required for all proposed solar farms, regardless of the amount of impervious area to be created.
C.
Solar farm design and operation requirements.
(1)
Screening and landscaping requirements.
(a)
The developer shall plant and maintain a compact evergreen hedge to attain a minimum height of six feet within five years to create a visual screen along all side and rear lot lines where a solar farm abuts a residence or residential zone. The Planning Board may, if requested by the applicant, approve an alternate screening plan which meets the intent of this screening requirement. The Planning Board may also determine that existing vegetation and topographic features adequately screen the solar farm from view. To the greatest extent possible, developers must preserve buffers of native vegetation and mature trees.
(b)
The developer shall provide a landscaping strip at least 15 feet in width along the street line, including the Interstate, planted and maintained with appropriate street trees and flowering shrubs. Along the Interstate, the Planning Board may require a six-foot-high stockade fence in addition to a buffer of trees where trees would not provide an adequate visual buffer.
(c)
The developer must plant permanent ground cover to control dust and prevent erosion. Pollinator-friendly species native to the area are preferred. The use of pesticides and herbicides is prohibited.
(d)
Vegetation management within arrays shall be conducted to minimize impact on upland sandpipers and other state threatened species. Management includes appropriate scheduling of mowing and brush hogging, raising mower decks off the ground, and using handheld equipment where feasible.
(2)
Fisheries habitat buffering. A 100-foot-wide undisturbed vegetated buffer must be maintained along streams as defined. Maintaining and enhancing buffers along streams is critical to many fish species.
(3)
Vernal pools. Surveys to identify vernal pools must be conducted by qualified wetland scientists prior to final project design and must extend out 250 feet beyond the anticipated project footprint. Significant vernal pools (SVPs) identified during the site plan review process require a 250-foot buffer around the pool depression.
(4)
On-site utilities. The developer shall place on-site transmission lines and plumbing underground, with the exception of power lines to be installed along the access road and preexisting power lines.
(5)
Security fencing.
(a)
The developer must enclose solar farms with chain-link fencing a minimum of six feet in height or as required by Maine state law, as revised from time to time.
(b)
The developer must raise fencing seven inches off the ground to allow small animals to pass under and install wooden escape poles for animals in corners of perimeter fencing. Alternative options for wildlife-permeable fencing can be recommended by Maine Department of Inland Fisheries and Wildlife (MDIFW).
(c)
The solar farm operator must inspect and maintain fences annually to ensure that prescribed openings remain free of debris and fully functional.
(d)
Based on reports of deer becoming trapped inside solar facilities, the developer must install gates at regular intervals to provide nearby exits through which trapped wildlife can be released with minor encouragement, install one-way gates, or construct earthen ramps inside the fenced area to allow trapped wildlife to jump out on their own.
(e)
The solar farm operator must establish procedures for regular monitoring and timely release of any trapped wildlife.
(6)
Fire safety. After construction but prior to activation, the developer must provide on-site training to Fire Department personnel. The developer shall provide signage to identify disconnects and safety switches and a Knox-Box® for Fire Department access to the facility.
(7)
Access. The developer must maintain on-site roadways to allow access for maintenance and emergency management vehicles.
(8)
Glare. The developer shall provide a glare analysis if required by either the Federal Aviation Administration or the City Engineer.
D.
Decommissioning plan and performance guarantee.
(1)
Decommissioning plan. The developer must submit a decommissioning plan at the time of Planning Board review. Decommissioning is defined here as in M.R.S. Title 35-A, Chapter 34-D, § 3491, as revised from time to time.
(2)
After the solar farm has ceased to produce electricity for 12 continuous months, the site must be restored to its pre-development condition within 24 months.
(3)
Financial assurance. Developers of solar farms, as defined, must demonstrate financial assurance in the form of a performance bond, surety bond, irrevocable letter of credit or other form of financial assurance acceptable to the reviewing agency, for the total cost of decommissioning.
(4)
Update. The owner of the solar farm must update the financial assurance 15 years after the approval of the plan and no less frequently than every five years thereafter. The solar farm owner must submit updates to the financial assurance to the reviewing agency on or before December 31 of the year in which updates are required.
§ 275-4.35 Short-term residential rentals.
[Amended 11-21-2023 by Ord. No. 179-2023]
A. SHORT-TERM RESIDENTIAL RENTALS
Definition. As used in this section, the following term shall have the meaning indicated:
Renting of dwelling units or rooms in dwelling units in residential zones for stays of less than 30 days in duration.
B.
Locations. Short-term renting of dwelling units and rooms in dwelling units is allowed in all residential zones except the Residential-A Zone. Short-term renting of accessory dwelling units as defined is prohibited in all residential zones.
D.
Non-owner-occupied short-term residential rentals. Non-owner-occupied short-term residential rentals are those in which the owner is not a full-time resident.
(1)
Inspections. Non-owner-occupied short-term residential rentals shall be subject to inspection by the Fire Department and shall meet the provisions of the NFPA 101 Life Safety Code as outlined in Chapter 210, Public Safety, of the City Code.
(2)
Licenses. No person may establish, operate or maintain a non-owner-occupied short-term residential rental without first obtaining a license from the City. An annual license fee of $120 must be paid before the City Clerk will issue a license. Licenses shall expire one year from date of issuance.
§ 275-4.36 Affordable housing density bonus.
[Added 11-21-2023 by Ord. No. 179-2023]
A.
Eligibility for density bonus. For purposes of this section, the development must be an affordable housing development as defined, and a majority of the units on the lot must be affordable.
B.
Long-term affordability. Prior to granting a certificate of occupancy or other final approval of an affordable housing development, the owner of the affordable housing development must 1) execute a restrictive covenant that is enforceable by a party acceptable to the City; and 2) record the restrictive covenant in the Kennebec County Registry of Deeds to ensure that for at least 30 years after completion of construction:
(1)
For rental housing, occupancy of all the units designated affordable in the development will remain limited to households at or below 80% of the local area median income at the time of initial occupancy; and
(2)
For owned housing, occupancy of all the units designated affordable in the development will remain limited to households at or below 120% of the local area median income at the time of initial occupancy.
C.
Density bonus. An affordable housing development is allowed a dwelling unit density of at least 2.5 times the base density that otherwise is allowed in the zone in which the development is to be located.
§ 275-4.37 Accessory dwelling units.
[Added 11-21-2023 by Ord. No. 179-2023]
A.
Accessory dwelling units as defined must be held in the same ownership as the primary dwelling unit on the property. An accessory dwelling unit may not be sold separately from the primary dwelling unit on the property.
B.
The owner of the property must occupy either the primary dwelling unit or the accessory dwelling unit.