TOWN OF
SITE PLAN REVIEW ORDINANCE
March 6, 2001
Fee (Section P) Approved March 28, 2002
Amended April 8, 2009
B. Authority and Administration
C. Conflict with Other Ordinances
I. Site Plan Review Application
Requirements
1.
Preserve and Enhance the Landscape.
2.
Relation of Proposed Buildings to Environment.
4.
Parking Design Requirements
5.
Off-Street Parking Requirements
15.
Utilities/Waste Disposal/Water Supply
18.
Conservation, Erosion and Sediment Control.
20.
Financial and Technical Capacity.
3. Mineral Exploration and
Extraction
5. Junkyards and automobile
graveyards are subject to all applicable state laws and local ordinance.
LAMOINE SITE PLAN REVIEW ORDINANCE
This
ordinance shall be known and cited as the Site Plan Review Ordinance of
the town of Lamoine, Maine, and will be referred to as "this
Ordinance."
1. This
ordinance is adopted pursuant to the enabling provisions of Article VII-A the
Maine Constitution and the provisions of Title 30-A, MRSA Section 3001 (Home
Rule).
2. The
planning board of the town of
Whenever
a provision of this ordinance conflicts with or is inconsistent with other
provisions of this ordinance, or of any other ordinance, regulation or
standard, the more restrictive provision shall apply.
The
effective date of this ordinance shall be 30 days after adoption.
Should
any section or provision of this ordinance be declared by any court to be
invalid, such decision shall not invalidate any other section or provision.
The
purposes of site plan review are:
1. To
promote and protect the health, welfare and safety of the residents of the town
of
2. To
balance the rights of landowners to use their land with the corresponding
rights of abutting and neighboring landowners to live without undue
disturbances from nuisances such as, but not limited to, noise, smoke, fumes,
dust, odor, glare, traffic, storm water runoff or the pollution of ground or
surface waters; and
3. To
implement the policies contained in the Lamoine Comprehensive Plan.
Site
plan approval, in accordance with the provisions of this ordinance, shall be
required for the following activities:
1.
Proposals for new construction of
non-residential buildings or structures, including accessory buildings or
structures having a total floor area of more than two thousand (2,000) square
feet. All applicable standards of the
Lamoine Building & Land Use Ordnance must be met as well as conditions
approved by the Site Plan Review.
2.
Proposals to enlarge non-residential
buildings or structures, including accessory buildings or structures by more
than two thousand (2,000) square feet of ground floor area within a five (5)
year period.
3.
Proposals for new construction of
multi-family dwellings, or for conversion of single-family or two-family
dwellings to multi-family use, or for enlargement of multi-family dwellings,
either by the addition of units within an existing structure or expansion of
the structure to accommodate new units.
4.
The conversion of an existing building in
which 2,000 or more square feet of total floor area are converted from
residential to nonresidential use.
5.
Proposals to change from one commercial
use to another commercial use.
6.
Proposals to pave, strip, grade or remove
earth materials from vegetated areas of more than ten thousand (10,000) square
feet within a five (5) year period.
7.
The construction or expansion of paved
areas or other impervious surfaces, including walkways, access drives, and
parking lots involving an area of more than 2,000 square feet within any five
(5) year period ancillary to non-residential buildings or
structures.
Prior
to submitting a formal application, the applicant or his/her representative
shall submit a preapplication form provided by the Planning Board to include
the following information:
See Section “I” 3, items a, b, c, d
Section “I”5, items a,
b, d, f, g, and h.
The
applicant or his/her representative shall attend a pre-application conference
with the Planning Board. The pre-application conference shall be informal and
informational in nature. There shall be
no fee for a preapplication review, and such review shall not cause the plan to
be a pending application or proceeding under Title 1 M.R.S.A.§302. No decision on the substance of the plan
shall be made at the preapplication conference.
a.
Applications in Writing. All applications for site plan review
addressing all requirements in Section I shall be made in writing
to the board on the forms provided for this purpose and shall be made by the
owner of the property or his/her agent, as designated in writing by the owner.
b.
Fees. An application for site plan review permits
shall be accompanied by a fee as established by the select board who shall have
the authority to revise the fee schedule after public hearing. This application fee shall be made by check
payable to the town and shall not be refundable. The planning board shall not consider an
application for site plan review until the fees have been received by the town.
c.
Board Approval Required. A development requiring review under the
standards of this ordinance shall be submitted to and reviewed by the planning
board, and shall be approved by the board before any building permit may be
issued.
d.
Review Procedure
1)
The applicant, or a duly authorized
representative, shall attend a meeting of the board to discuss the
application. The board shall provide the
applicant a dated receipt for the site plan review application at the board
meeting when the application is first presented and heard by the board.
2)
Within 30 days of receipt of a site plan
review application form and fee, the board shall notify the applicant in
writing whether or not the application is complete, and what, if any,
additional submissions are required for a complete application.
3)
The board shall hold a public hearing on
the site plan review application within 30 days of finding the application
complete. It shall publish, at the expense of the applicant, notice of the
date, time, and place of the hearing in a newspaper of general circulation in
the municipality at least two times, the date of the first publication to be at
least 10 days prior to the hearing.
4) The
town shall mail by certified mail and at the expense of the applicant, a notice
of the public hearing to all abutters of the proposed development at least ten
(10) days prior to the hearing.
5) The
Planning Board may hold an on-site inspection of the site to review the
existing conditions, field verify the information submitted and investigate the
development proposal. The Board may
schedule this visit either before or after the first meeting at which the
application is considered.
6)
Within 30 days of the
public hearing, or within another time limit as may be otherwise mutually
agreed to by the board and the applicant, the board shall make findings of fact
on the application and approve, approve with conditions, or deny the
development plan. The board shall
specify, in writing, its findings of fact, conditions, or reasons for denial.
e.
Additional Studies. If the services of outside consulting engineers
or other professionals are required by the board to assist in review of the
application, or the amount or conditions of any performance guarantee that may
be required, the board shall notify the applicant of the nature of services,
the firm or individual selected and the estimated cost of services. The cost of such services shall be paid by
the applicant and evidence of such payment furnished to the planning board
before the application is deemed complete.
f.
Guarantee, Security or Performance Bond.
1)
Improvement Guarantee - The board may
require the posting of an improvement guarantee in such amount and form as
specified in subsection H-2- (g) as is reasonably necessary to ensure the
proper installation of all off-site improvements required as conditions of
approval. The nature and duration of the
guarantee shall be structured to achieve this goal without adding unnecessary
costs to the applicant.
2)
Upon substantial completion of all
required improvements, the developer must notify the board of the completion or
substantial completion of off-site improvements, and must send a
copy of such notice to the Code Enforcement Officer.
The Code
Enforcement Officer shall inspect all off-site improvements
and must file a report indicating approval, partial approval, or rejection of
such improvements with a statement of reasons for any rejection.
3)
The board shall approve, partially
approve, or reject the improvements on the basis of the report of the Code Enforcement
Officer.
4)
If the improvements are approved, the guarantee
shall be released. Where partial
approval is granted, the developer shall be released from liability only for
that portion of the improvements approved.
g. Form of Guarantee.
Performance
guarantees may be provided by a variety of means including, but not limited to,
the following which must be approved as to form and enforceability by the
board.
1)
Security Bond – The applicant may obtain
a security bond from a surety bonding company authorized to do business in the
state.
2)
Letter of Credit – The applicant may
provide an irrevocable letter of credit from a bank or other reputable lending
institution.
3)
Escrow Account – The applicant may
deposit cash, or other instruments readily convertible into cash at face value,
either with the municipality, or in escrow with a bank. Any such account must require municipal
officer approval for withdrawal and must stipulate the town treasurer can
withdraw the money upon forty-eight (48) hour advance notice to the applicant
to complete the guaranteed improvements.
h.
Conditions. The board may attach reasonable conditions to
the site plan review approvals to ensure conformity with the standards and
criteria of this ordinance. Such conditions may include off-site improvements
to mitigate the impact of the proposed development.
i.
Expiration of Approvals. All site plan review approvals shall expire
within two (2) years of the date of issuance unless work thereunder is
commenced. If work is not completed
within three (3) years from the date of issuance, a new application must be
made.
Applications
for all site plan review shall be submitted on application forms provided by
the town at least ten days before the board is scheduled to review the
application at a regularly scheduled meeting and mailed to the Planning Board
at least 7 days prior to this meeting.
The submission shall contain at least the following exhibits and
information:
1. A
fully executed and signed original and nine copies of the application for site
plan review.
2. The
site plan (drawings) shall consist of one or more reproducible, stable base
transparent originals at a scale of not less than 1" = 50' to be filed at
the town office. Space shall be provided
on the development plan for the signatures of the board and date.
3. General
Information
a. Name
of owner of record and address and applicant's name and address, if different;
b. The
name of the proposed development, if applicable;
c. Names
and addresses of all owners of property within 500 feet of the
property line of the site with assessor's (tax) map and lot number of those
properties;
d. The
assessor's (tax) map and lot number of the parcel or parcels composing the
site;
e. A
copy of the deed to the property, option to purchase the property or other
documentation to demonstrate right, title or interest in the property on the
part of the applicant and status of property tax payment.
f. The
name and registration number of the land surveyor, architect, engineer, and/or
similar professional(s), if any, who prepared the plan.
4. Existing
Conditions
a. Zoning classification(s) (including shoreland) of the property and the location of zoning district boundaries if the property is located in two or more zoning districts or abuts a different district;
b.The bearings and distances of all property lines of the property to be developed and the source of this information;
c. Location and size of any existing sewer and water systems, culverts and drains, fire hydrants or pond, adjacent to property to be developed and of any that will serve the development from abutting roads or land;
d. Location, names and widths of existing roads and rights-of-way within or adjacent to the proposed development;
e. The location of open drainage courses (streams and springs), wetlands, stonewalls, graveyards, fences, stands of trees, and other important or unique natural areas and site features, including but not limited to, floodplains, deer wintering areas, significant wildlife habitats, scenic areas, habitat for rare and endangered plants and animals, unique natural communities and natural areas, sand and gravel aquifers, and historic and/or archaeological resources, together with a description of such features.
f. The location, dimensions and ground floor elevation of all existing building on the site.
g.Topographical contours and the direction of existing surface water drainage across the site.
h.If any portion of the property is in the 100-year floodplain, its elevation shall be delineated on the plan or provide a FEMA floodplain map.
5. Proposed
Development Activity
a.
Descriptions of all proposed uses of the
development including specific uses of all structure to be built, converted or
expanded.
b.
The location and dimensions of all
proposed buildings and structures.
c.
The size, location, direction, and
intensity of illumination of all outdoor lighting.
d.
All existing and proposed setback
dimensions.
e.
Proposed landscaping and/or buffering.
f.
When subsurface sewage disposal is
proposed, an on-site soils investigation report by a Maine Department of Human
Services licensed site evaluator. The
report shall identify the classification of soils, location of all test pits,
and proposed location
g.
The type of water supply to be used.
h.
The type, size, and location of all waste
disposal or incineration devices.
i.
The type, size and location of all
machinery or equipment likely to generate appreciable noise at the lot lines.
j.
The amount and type of any raw, finished
or waste materials to be stored outside of roofed buildings, including their
physical and chemical properties, if appropriate.
k.
A schedule of construction including
anticipated beginning and completion dates.
l.
A description of how special features
identified in subsection 4.e. will be maintained or impacts upon them
minimized.
m. The
existing and proposed method of handling storm water run-offs.
6.
Additional Information. The planning board may require the developer
to provide the following when it finds that the information required in
Sections I.3 to I.5 is not sufficient, to determine that the standards in Section
J. can be met.
a.
A high intensity soils report prepared by
a soil scientist certified in the State of
b.
A storm water management and erosion
control plan showing:
i)
The direction of flow of the run-off
through the use of arrows.
ii)
The location, elevation, and size of all
catch basins, dry wells, drainage ditches, swales, retention basins, and storm
sewers.
iii)
Engineering calculations used to
determine drainage requirements based upon the 25-year 24-hour storm frequency,
if the project will significantly alter the existing drainage pattern due to
such factors as the amount of new impervious surfaces (such as paving and
building area) being proposed.
c.
A hydrogeologic assessment prepared by a
ground water hydrologist/geologist for projects involving common on-site water
supply or on-site sewage disposal of 2,000 or more gallons per day.
d.
A utility plan showing, in addition to
provisions for water supply and waste water disposal, the location and nature
of electrical, telephone and any other utility services to be installed on the
site.
e.
A landscaping plan.
f.
The location, width, typical
cross-section, grades and profiles of all proposed roads and sidewalks.
g.
Cost of the proposed development and
evidence of financial capacity to complete it.
This evidence should be in the form of a letter from a bank or other
source of financing indicating the name of the project, amount of financing
proposed, and interest in financing the project.
h.
An estimate of the traffic associated
with the development per the requirements of Sections J.9 and J.10.
7.
Submission Waivers. The planning board
may modify or waive any of the submission requirements when it determines that
because of the size of the project or circumstances of the site such
requirements would not be applicable or would be an undue burden upon the
applicant and that such modification or waiver would not adversely affect the
abutting landowners or the general health, safety and welfare of the town or
otherwise be converse to the purposes and intent of this ordinance and the
comprehensive plan.
The
following criteria and standards shall be utilized by the board in reviewing
applications for site plan review approval.
The standards are not intended to discourage creativity, invention and
innovation. The board may waive the
criteria presented in this section upon a determination by the board that the
criteria are not applicable to the proposed action or upon a determination by
the board that the application of these criteria are not necessary to carry out
the intent of this ordinance. The board
shall approve the application unless the proposal does not meet the intent of
one or more of the following criteria provided that the criteria were not first
waived by the board.
The
landscape shall be preserved in its natural state insofar as practicable by
minimizing tree removal, disturbance of soil, and retaining existing vegetation
during construction. After construction
is completed, landscaping shall be designed and planted that will define,
soften or screen the appearance of the development and minimize the
encroachment of the proposed use on neighboring land uses.
Environmentally
sensitive areas such as aquifers, significant wildlife habitat, wetlands, steep
slopes, floodplains, historic buildings and sites, existing and potential
archaeological sites and unique natural features will be maintained and
preserved to the maximum extent.
Proposed
structures shall be related harmoniously to the terrain and to existing
buildings in the vicinity that have a visual relationship to the proposed
structures, so as to have a minimally adverse affect on the environmental and
aesthetic qualities of the developed and neighboring areas including historic
buildings and sites.
The
following standards apply to design and construction of vehicular access to
properties. Letters of approval from the
fire chief and/or the road commissioner must be provided.
a. Each
property shall be provided with vehicular access to the property by abutting
private or public ways. Private
right-of-ways shall be protected by permanent easements.
b.
The following criteria shall be followed
for entrances and/or driveways to any use other than single and two-family
dwellings:
|
Allowable Speed (Miles per hour) |
Required Sight
Distance (for primarily auto-related uses) (Feet) |
Required Sight
Distance (For significant
commercial truck and recreational vehicle-related uses i.e., industrial parks,
warehouse operations, campgrounds, etc.) (Feet) |
|
|
25 |
250 |
312 |
|
|
35 |
350 |
437 |
|
|
40 |
400 |
500 |
|
|
45 |
450 |
562 |
|
|
50 |
500 |
625 |
|
|
55 |
550 |
687 |
|
|
Source: Adapted from: Access Management - Improving
the Efficiency of |
|
|||
1) Where a site has frontage on two
intersecting public roads, and the speed limit is 25 mph, no driveway entrance
or exit shall be located within fifty feet (50') of the point of tangency of
the existing or proposed curb radius of the intersection. The required separation distance shall be
increased 20 feet for each five mile per hour increase in speed limit. Access to the lot shall only be
provided across the frontage and to the street where there is less potential
for traffic congestion and for hazards to traffic and pedestrians.
2) The maximum number of driveways to a
particular site with fewer than 1,500 vehicles per day shall be limited to one
two-way entrance no wider then 20 feet.
Higher volume uses may have two, one or two way exits/entrances no more
than 24 feet in width if two way and 18 feet if one-way.
3) Angles. Driveways used for two-way operation shall
intersect the road at an angle of or as near to ninety (90) degrees as site
conditions will permit and in no case less than sixty (60) degrees.
4) Dimensions. The dimensions of driveways shall be designed
to adequately accommodate the volume and character of vehicles anticipated to
be attracted daily onto the land development for which a site plan is prepared.
5) Grades. Driveways grades
shall not be more than three percent (3%) for the first one hundred feet (100')
from the road.
6) Sight Triangle.
A "sight triangle" shall be formed by the intersection of the
side of the driveway and the street right-of-way line, extending 10 feet in
length along the side of the driveway and 25 feet in length along the right of
way line, with the third side connecting the other two sides. Within each sight triangle, no landscape
materials, other than low growing shrubs 30" or less in height above the
exit driveway elevations at maturity shall be planted.
7) All lots of record legally existing at the
time of the adoption of this ordinance shall be allowed one (1) direct access,
provided that the minimum sight distances specified in this ordinance are met
to the maximum extent possible.
8) Access.
Parking stalls shall not be directly accessible from any public way. Ingress and egress for parking
areas shall be limited to driveway entrances.
9) Traffic
Impact Study. Developers shall provide a description of the traffic
movement to be generated by the development including types and peak hour and
average daily vehicle trips, travel routes, and duration of traffic movement
both during and following construction.
10) Full traffic study requirement. If the development will meet a) or b)
below, the developer shall provide a full traffic impact study at his or her
expense. This study will be subject
to review by another consultant of the town's choosing at the applicant's
expense. If a full traffic study is
required under paragraph a, as determined by the planning board, the developer
shall follow the procedures and requirements as detailed in 'Access Management
Standards, Access Management: Improving the Efficiency of Maine Arterials, A
Handbook for Local Officials, Maine Department of Transportation, 1994. Appendix A. The safety and
congestion mitigation measures recommended shall be followed by the applicant.
a. Volume. During any one-hour period, traffic attributable to the
development equals or exceeds 35 trips at the project driveway(s). A trip can be either inbound or outbound.
b.Safety or capacity deficiencies. The planning board, in consultation
with the Maine Department of Transportation, determines that a traffic impact
study must be conducted because of traffic safety or capacity deficiencies in
the vicinity of the development.
11) Driveway
Turn-Around Area. After the effective date of this
ordinance, all future driveways shall be designed with sufficient vehicle
turn-around area to enable a driver to exit the premises without backing onto
the roadway. This requirement shall be
deemed to be met by an on-site parking lot with a parking aisle, or by a
service or frontage road, or by the use of an on-site driveway turn-around for
a single vehicle measuring at least 8 feet wide by 15 feet long.
12) Access
to
a. Waiver
- A waiver may be granted only if there will be no further subdivision of the
parcel and the shape or physical condition of the parcel does not permit access
to a street other than the public road, nor the creation of a service/frontage
road to allow that access;
b. Permitted
Access. Access to the development shall include one of
the following:
1.
A common driveway, which intersects the
public road and which services the individual lots or businesses or a common
parking lot adjacent to the individual lots or businesses.
2.
Minor road(s). One or more minor roads,
to be constructed by the developer according to the standards of this
ordinance, which shall serve the development.
c. Emergency
Vehicle Access Provisions shall be made for providing
and maintaining convenient and safe emergency vehicle access to all buildings
and structures at all times.
a. General Requirements
1)
The proposed development layout shall
provide for safe access and egress from public and private roads by providing
adequate location, numbers and control of access points including sight
distances, turning lanes, and traffic signalization when required by existing
and projected traffic flow on the municipal road systems.
2)
The layout and design of all means of
vehicular and pedestrian circulation, including walkways, interior drives, and
parking areas shall provide for safe general interior circulation, separation
of pedestrian and vehicular traffic, service traffic, emergency vehicles,
loading areas, and arrangement and use of parking areas.
3)
In the design of parking areas, special
attention shall be given to the separation of pedestrian and vehicular traffic
and the arrangement of parking areas that are safe and convenient, and which
have a minimum adverse effect on the design, appearance, and environmental and
aesthetic qualities of proposed buildings and structures and neighboring
properties.
The
development plan shall provide for a system of pedestrian circulation within
the development. This system shall
connect with existing sidewalks if they exist in the vicinity of the project. The pedestrian network may be located within
the street right-of-way or outside of the right-of-way in open space or
recreation areas. The system shall be
designed to link residential units with recreational and commercial facilities,
other common facilities, school bus stops, and existing sidewalks in the
neighborhood.
4)
Non-residential projects shall provide a
clear route for delivery vehicles with appropriate geometric design to allow
turning and backing for all vehicles, including tractor trailers.
5)
The layout and design of parking areas
shall provide for safe and convenient circulation of vehicles and obviate
their backing out onto a street.
6)
All streets and access ways shall be
designed to harmonize with the topographic and natural features of the
site. The road network shall provide for
vehicular and pedestrian safety, all season emergency access, snow storage, and
delivery and collection services.
b. Parking Area Design Standards
1)
Access -- There shall
be adequate provisions for ingress and egress for all parking
spaces. The width of access drives or
driveways shall be determined as part of site plan review depending on use,
topography and similar considerations.
2)
Size of Aisles
-- The width of all aisles providing
direct access to individual parking stalls shall be in accordance with the
requirements set forth below. Only
one-way traffic shall be permitted in aisles serving single-row parking spaces
placed at an angle other than ninety (90) degrees.
|
Parking Angle (Degrees) |
Minimum Aisle Width (Feet) |
|
0 parallel parking 30 degree parking 45 degree parking 60 degree parking 90 perpendicular
parking |
12 12 13 18 30 |
3)
General Location
-- No off-road parking or loading shall be located within the required front
and side yard setbacks on public roads.
Whenever possible, the majority of parking should be at the side or rear
of the principal building(s).
4)
Sidewalk and Curbing
-- Sidewalks between parking areas and principal structures along aisles and
driveways and wherever pedestrian traffic shall occur, shall be provided with a
minimum width of four (4) feet of passable area and shall be raised six (6)
inches or more above the parking area except where the sidewalks cross roads or
driveways. Guardrails or wheel stops
permanently anchored to the ground shall be provided in appropriate
locations. Parked vehicles shall not
overhang or extend over sidewalk areas unless an additional sidewalk width of
two and one half (2.5) feet is provided to accommodate such overhang.
5)
Marking and Delineation of Parking Areas
-- Parking stalls, driveways and aisles shall be clearly marked and
delineated. The board may require that
certain areas be maintained for fire fighting or other emergency purposes,
handicapped access, and such areas shall be appropriately designated.
6)
General Circulation and Parking Design
Guidelines -- The following guidelines shall apply to
parking area designs:
a) Parking
space allocations should be oriented to specific buildings.
b) Parking
areas should be designed to focus on major walkways, which should be fenced or
marked.
c) Where
pedestrians must cross service roads or access roads to reach parking areas,
crosswalks should be clearly designated by pavement markings or signs and
lighted.
d) Driveways
should approach from the right to permit passengers to alight or board at the
sidewalk.
e) Whenever
possible, one-way traffic should be established at building entrances.
f)
Where buses are a factor, bus shelters
and bus turnouts off the roadway should be provided.
a. Parking Space Shall be Provided: No structure shall be
erected nor shall any of the following uses be established unless at least the
minimum number of off-street parking spaces as specified below is
provided. Where a fractional number of
spaces would be called for, at least the next higher whole number of spaces
shall be required. Each parking space
shall measure at least nine feet (9') in width by eighteen feet (18') in length
and shall have access for vehicles to a public street. Parking lots for more than five (5) vehicles
shall be arranged so that vehicles can be turned around within
such lots without entering the street.
Private roads, separated from public right-of-ways, but not allowing for
turn-around space are deemed adequate for these requirements.
1)
Automobile Repair and Filling Stations:
one (1) space for each regular employee, plus one (1) space for each fifty (50)
square feet of floor area used for service work
2)
Boarding and Rooming House:
one (1) space for each guest room.
3)
Drive-in Restaurants and Dairy Stands:
ten (10) spaces plus one (1) additional space for each person serving or
preparing food on the largest shift employed at least once a week on a
regularly scheduled basis during the peak season of operations.
4)
Nursing Homes:
one (1) space for each five (5) beds, plus one (1) space for each staff or
visiting doctor, plus one (1) space for each four (4) employees.
5)
Hotels: one (1) space
for each guest bedroom, plus one (1) space for each four (4) employees.
6)
Industrial Establishments:
two (2) spaces for every three (3) employees, at the maximum employment level,
on the two (2) shifts of highest employment combined, plus one (1) space for
each company vehicle operating from the premises.
7)
Fraternal Organizations and Clubs:
one (1) space for each five (5) members.
8)
Business and Professional Offices:
one (1) space for each two hundred (200) square feet of working space.
9)
Places of Amusement or Public Assembly:
one (1) space for each fifty (50) square feet of floor area devoted to patron
use.
10) Restaurants,
Cocktail Lounges, and Bottle Clubs: one (1) space for
each four (4) customer seats, plus one (1) space for each two (2) employees.
11) Retail
Business: four (4) spaces for each one thousand (1,000)
square feet of sales area.
12) Elementary
Schools: two (2) spaces per classroom plus one (1)
space for every four (4) seats of public assembly or ten (10) spaces for every
one thousand (1,000) square feet of assembly space if no fixed seats.
13) High
Schools: five (5) spaces per classroom plus one (1)
space for every four (4) seats of public assembly or ten (10) spaces for every
one thousand (1,000) square feet of assembly space if no fixed seats.
14) Banks:
one (1) space per one hundred fifty (150) square feet of floor area.
15) Tourist
Courts and Motels: one (1) space for each accommodation.
16) Wholesale
Business: one (1) space for each three hundred (300)
square feet of floor space.
17) Churches:
one (1) space for each five (5) persons seating capacity.
18) For
uses not specifically listed in this section, the planning board shall prescribe
the number, which in no case will, be less than an adequate number to provide
for employees and customers and visitors anticipated on the site.
b. Location on Other Property: If the required automobile
parking spaces cannot be provided on the same lot where the principal use is
conducted, the planning board can permit that such spaces may be provided on
other off-street property provided that such property lies within four hundred
feet (400') of the main entrance to such principal use and is in the same
district. Such automobile parking space
shall be associated with the principal use and shall not thereafter be reduced
or encroached upon in any manner, provided however, that it may serve different
principal uses at different times of day.
c. Shared Parking: The required parking space for any number
of separate uses may be combined in one facility. Generally, the required space assigned to one
use may not be assigned to another use; thus, the total available spaces should
be the sum of required spaces for each of the individual uses. Shared parking facilities where available
parking is below the above requirements, may be allowable when the functional
nature of the uses allow for differing peak-hour or daily demands.
All
projects requiring site plan review under this ordinance shall provide buffer
zones and/or screening in accordance with the following standards:
a. Buffer Zones
Buffer
zones of the following specified widths are required for the following areas and/or
purposes:
1)
Along any property line of any lot
located in the Residential Zone and Rural and Agricultural Zone which abuts the
Residential Zone, such buffer zones shall be a minimum of fifty feet (50’) in
width.
2)
Along any property line, where the board
determines it desirable and necessary, to prevent any proposed lighting from
interfering with residential properties or with safe driving. Such buffer zones shall be a minimum of fifty
feet (50’) in width.
3)
Along any property line adjacent to an
existing residential use where the board determines it desirable and necessary,
of all exposed storage and service areas, sand and gravel extraction
operations, utility buildings and structures, automobile salvage and junk
yards, parking areas, garbage collection areas, and loading and unloading
areas, to minimize their visual impact on adjoining traveled ways and
residential properties. Such buffer
zones shall be a minimum of fifty feet (50’) in width.
b. Screening
Screening,
within the required buffer zones in the form of natural or man-made barriers,
existing vegetation or new plantings, is required as follows:
1) Retention of Natural Features in Buffer
Zones Strips
Natural
features in buffer zones shall be maintained where possible. When natural features such as topography,
gullies, stands of trees, shrubbery, rock outcrops do not exist or are
insufficient to provide the required screening, other kinds of screening shall
be considered.
2) Provision of Screens
Unless
otherwise specifically indicated by the planning board, all screening and
buffering material approved by the Planning Board shall be a type and species
appropriate for the soil types, site conditions, and climatic conditions of the
town.
3) Maintenance of Buffers and Screening
Buffers
and screening shall be located and maintained as follows:
a)
Fencing and screening shall be so located
within the property line to allow access for maintenance activities on both
sides without intruding upon abutting properties.
b) Fencing
and screening shall be durable and properly maintained at all times by the
owner.
c)
The finished side of a fence shall face
abutting properties.
d) Natural
appearing materials (such as wood and stone) shall be used whenever
possible. Bright colors on fences shall
be avoided.
e)
All buffer zones shall be
maintained in a neat and sanitary condition by the owner.
All
exterior lighting shall be designed to encourage energy efficiency, to ensure
safe movement of people and vehicles, and to minimize adverse impact on
neighboring properties and public ways.
Adverse impact is to be judged in terms of hazards to people and vehicle
traffic and potential damage to the value of adjacent properties. Lighting shall be arranged to minimize glare
and reflection on adjacent properties and the traveling public.
The
proposed development shall not have an unreasonable adverse impact on the
municipal services including municipal road and other transportation systems,
fire department, solid waste program, schools, recreational programs and
facilities, and other municipal services and facilities. The town may require a development be
constructed in phases if the financial impact is such that necessary municipal
infrastructure improvements are beyond the town's fiscal capacity.
The
planning board in its determination of unreasonable adverse impact shall
require the developer to provide:
a.
A list of construction items, with cost
estimates, that will be completed by the developer prior to the sale of lots or
structures, and evidence that the developer has financial commitments or
resources to cover these costs.
b.
A list of construction and maintenance
items, with both capital and annual operating cost estimates, that must be
financed by the municipality, or quasi-municipal districts. These lists shall include, but not be limited
to:
§ schools,
including busing
§ street
maintenance and snow removal
§ police
and fire protection
§ solid
waste management
§ recreation
facilities
§ storm
water drainage
The
developer shall provide an estimate of the net increase in taxable assessed
valuation at the completion of the construction of the development.
The
proposed activity will not result in surface water pollution. In making this determination, the board shall
at least consider the elevation of land above sea level and its relation to the
floodplains, the nature of soils and subsoils and, if necessary, their ability
to adequately support waste disposal and/or any other approved licensed
discharge; the slope of the land and its effect on effluents.
The
proposed site development and use shall not adversely impact the quality or
quantity of groundwater in the aquifers or any water supply systems. Projects involving common on-site water
supply or sewage disposal systems with a capacity of two thousand (2,000)
gallons per day or greater shall be required to demonstrate that the
groundwater at the nearest down hydro-geologic gradient property
line shall comply, following development, with the standards for safe drinking
water as established by the State of Maine. The board may place conditions upon
an application to minimize potential impacts to the town's groundwater
resources.
The
proposed development shall not create an emission of dust, dirt, fly ash,
fumes, vapors or gases that could damage human health, animals,
vegetation or property, or that could soil or stain persons or
property, at any point beyond the lot line of the commercial or industrial
establishment creating that emission.
All such activities shall also comply with applicable federal and state
regulations.
The
proposed development shall not produce offensive or harmful odors perceptible
beyond their lot lines, either at ground or habitable elevation.
a.
Excessive noise at unreasonable hours
shall be required to be muffled so as not to be objectionable due to
intermittence, beat frequency, shrillness, or volume (please refer to table
below). The maximum permissible sound
pressure level of any continuous, regular or frequent source of sound produced
by any activity regulated by this ordinance shall be established by the time
period and type of land use listed below.
Sound pressure levels shall be measured on a sound level meter at all
major lot lines of the proposed site, at a height of four (4) feet above the
ground surface.
Sound
Pressure Level Limit (500
to 10,000 Hz range)
7
a.m. - 8 p.m. 8 p.m. - 7 a.m.
Non-Industrial Establishments 65dB 55dB
Industrial Establishments 70dB
65dB
On a site abutting any residential use,
construction activities occurring between 8:00 p.m. and 7:00 a.m. shall be
subject to the maximum permissible sound level specified for industrial
establishments.
Such maximum sound levels will also
apply to noises created by all agricultural, excavation, construction, and
maintenance activities between 7:00 a.m. and 8:00 p.m.;
a.
Temporary construction and external
maintenance activities shall be limited to the hours of 6:00 am to 6:00
pm, with the exception of ice and snow removal.
The
development shall provide for a suitable sewage disposal. All individual on-site systems will be
designed by a licensed soil evaluator in full compliance with the Maine
Subsurface Wastewater Disposal Rules.
Upon the recommendation of the local plumbing inspector, the board may
require the location on the individual lots of reserved areas for replacement
systems.
a. Utilities
1.
Any aboveground utility
installations shall be located so as to minimize visual impact. Screening may be used to minimize impact upon
neighboring properties.
2.
When underground utilities are to be
installed within a roadway, they should be installed prior to the installation
of the final gravel base of the road.
b. Waste Disposal
All
generated waste, including special or hazardous wastes shall be disposed of at
a licensed disposal facility and evidence of a contractual arrangement with the
receiving facility shall be submitted.
All waste disposal shall be at the owner’s expense.
c. Water Supply
The
development shall be provided with a system of water supply that provides each
use with an adequate supply of water meeting the standards of the State of
The
development shall be in conformance with the comprehensive plan.
The
development shall not impose an unreasonable burden on the storm drainage
system, water supplies for the property or on adjacent properties or other
utilities. In determining an
unreasonable burden, the development shall not cause capacities of existing
ditches, culverts, and other components of the storm drainage system to be
exceeded; the development shall not cause banks to be overflowed or increase
flows such that erosion of or other drainage to the existing system
occurs. Neither the quality nor quantity
of existing water supplies shall be affected.
Neither shall the development decrease the quantity of water available
below the current and foreseeable future needs of the development or existing
and potential development in the area.
Erosion
of soil and sedimentation of watercourses and water bodies shall be minimized.
Signs
and billboards relating to commercial or industrial use of the premises shall
not exceed 6 square feet in area, 8 feet in height from grade, and two signs
per premise. Signs and billboards
related to commercial or industrial uses not on the premises shall be
prohibited except as permitted under state law.
The
applicant shall demonstrate adequate financial and technical
capacity to meet these standards.
The
following standards apply to specific types of projects. These standards, at the planning board's
discretion, may be applied to uses similar to those identified in this section.
Conversion
of existing structures into multi-family dwelling units, in districts
permitting multi-family dwellings, may be permitted provided that:
a.
Off-street parking for two (2) vehicles
per dwelling unit plus maneuvering spaces will be provided;
b.
Each dwelling unit shall be at least four
hundred (400) square feet in area for one (1) bedroom unit plus one hundred
twenty (120) square feet for each additional bedroom;
c.
Each dwelling unit shall have its own
toilet and kitchen facilities and no dwelling unit will share these facilities
with any other dwelling unit; and
d.
The conversion is approved in conformance
with the Subdivision Ordinance and Building and Land Use Code.
All
applicable standards of the Travel Trailer,
a.
Each tent or shelter site shall contain a
minimum of five thousand (5,000) square feet of suitable land in shoreland
areas (i.e., within two hundred fifty feet (250'), horizontal distance, of the
normal high water mark of any river, lake, pond, upland edge of a wetland, or
salt water body, and seventy-five feet (75') of a stream, and twenty-five
hundred (2,500) square feet of suitable land in inland areas, not including
driveways and roads, for each site;
b.
A minimum of two hundred (200) square
feet of off-street parking plus maneuvering space shall be provided for each
tent or shelter site;
c.
The area intended for placement of the
tent or shelter site, and utility and service buildings shall be set back a
minimum of fifty feet (50') from the exterior lot lines of the camping area,
and one hundred feet (100') from the normal high water elevation of any river,
lake, pond, stream, salt water body, and upland edge of a wetland; and
d.
A buffer zone, and screening per the
requirements of this ordinance, shall be required to shield the campground from
abutting areas.
All
applicable standards of the Lamoine
Gravel Ordinance, as amended, shall also be met.
The
following requirements for mineral exploration and extraction activities shall
apply in all districts when permitted except as otherwise hereinafter provided:
a. The following requirements shall apply to mineral exploration
and extraction activities:
1)
All excavations, including test pits and
holes, shall be promptly capped, refilled, or secured by other equally
effective measures so as to reasonably restore disturbed areas and to protect
the public health and safety;
2)
No portion of any ground area disturbed
by the extraction activity shall be closer than fifty feet (50') from any
public roadway or fifty feet (50’) from any property line in the absence of the
prior written agreement of the owner of such adjoining property. For areas subject to shoreland zoning, the
standards of that ordinance shall also apply;
3)
A natural vegetative screen of not less
than fifty feet (50') in width shall be retained between any facility intended
primarily for public use, excluding privately owned roads and the mineral
exploration or extraction activity; and
4)
Within twelve (12) months following the
completion of extraction operations at any extraction site, or when less than
one hundred (100) cubic yards of materials are removed in any consecutive
twelve (12) month period, ground levels and grades shall be established in
accordance with 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 originating on-site may be buried or covered on-site.
b)
The final graded slopes
shall be two and a half to one (2.5:1) slope or flatter.
c)
Topsoil
or loam shall be retained to cover all disturbed land areas, which shall be
reseeded and stabilized with vegetation native to the areas. Additional topsoil or loam shall be obtained
from off-site sources, if necessary, to complete the stabilization project.
5) In keeping with the purposes of this
ordinance, the planning board shall impose such conditions as are necessary to
minimize the adverse impacts associated with mineral extraction operations on
surrounding uses and resources, including but not limited to any reasonable
form of performance guarantee such as a performance bond.
b. The following requirements shall apply to topsoil, sand and
gravel extraction in all districts where permitted:
1)
Topsoil shall be considered part of
developments, and shall not be removed from the site except for surplus
topsoil from roads, parking areas, and building excavations;
2)
Extraction shall not be allowed within
five feet (5') above the average seasonal high water table. No ditches, trenches, pumping or other
methods shall be used to lower the water table to allow more
gravel extraction than could occur under normal conditions;
3)
Access roads in and around the pit shall
not be oiled, salted, or paved;
4)
The pit shall not be used for storage or
dumping of any substances that could produce a harmful leachate, both during
operation of the pit and following its permanent closure;
5)
Storage of hazardous materials and
petroleum products in the pit is prohibited.
When
permitted by site plan review, animal husbandry shall meet the following
standards:
a.
All pasture, barns, barnyards, and other
areas where the livestock, animals, or fowl are kept, housed, fed, or cared for
shall be a minimum of one hundred (100) feet from the nearest dwelling other
than the applicant's and screened by a 50’ buffer zone.
b.
Manure piles shall be kept 150 feet from
the nearest dwelling other than the applicant's and 300 feet from any body of
water, streams or wells.
c.
All feed and grain shall be stored in
rodent proof containers.
d.
All paddocks, pastures, barnyards or
other enclosures must be adequately fenced to contain livestock, animals or
fowl.
e.
The planning board shall limit the number
and species of animals permitted. The
board shall consider the size and layout of the lot, the size of adjacent lots,
the presence of vegetative screening and buffer zones, and the potential for
noise, odor, and vermin problems.
f.
The Planning Board may require the
applicant to provide a nutrient management plan.
a.
Structures or pens for housing or
containing the animals shall be located not less than one hundred fifty (150)
feet including a 50’ buffer zone from the nearest residence other than the
owner's existing at the time of permit.
b.
All pens, runs, or kennels, and other
facilities shall be designed, constructed, and located on the site in a manner
that will minimize the adverse effects upon the surrounding properties. Among the factors that shall be considered is
the relationship of the use to the topography, natural and planted
horticultural screening, the direction and intensity of the prevailing winds,
the relationship and location of residences and public facilities on nearby
properties, and other similar factors.
c.
The owner or operator of a kennel shall
maintain the premises in a clean, orderly, and sanitary condition at all
times. No garbage, offal, feces, or
other waste material shall be allowed to accumulate on the premises. The premises shall be maintained in a manner
that they will not provide a breeding place for insects, vermin or rodents.
d.
Temporary storage containers for any
kennel or veterinary wastes containing or including animal excrement shall be
kept tightly covered at all times, and emptied no 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.
e.
If outdoor dog "runs" are
created, they shall be completed fenced in, and shall be paved with cement,
asphalt or a similar material to provide for cleanliness and ease of
maintenance.
f.
Any incineration device for burning
excrement-soaked waste papers and/or animal organs or remains shall be located
a minimum distance of 400 feet from nearest residence other than the
applicants, and shall have a chimney vent 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.
Where
the board makes written findings of fact that the applicant will suffer an
undue economic or other hardship if the requirements of the site plan review
are strictly applied, it may waive the necessity for strict compliance with
those requirements of the site plan review found to be causing the
hardship in question and to permit a more practical and economical development
provided, however, that the public health, safety and welfare will not be
compromised and further provided that the waivers in question will not have the
effect of nullifying the effect of site plan review.
1. If the board disapproves an application
or grants approval with conditions that are objectionable to the applicant or
to any abutting landowner or any aggrieved party, who can demonstrate a direct
negative impact, or when it is claimed that the provisions of this section do
not apply, or that the true intent and meaning of the ordinance has been
misconstrued or wrongfully interpreted, the applicant, an abutting landowner,
or aggrieved party that has standing may appeal the decision of
the board, as follows:
a.
A written appeal must be filed within 30
days of the time the applicant receives a written notice of the board's
decision.
b.
Appeals involving administrative
procedures or interpretation of this ordinance may be heard and decided by the
board of appeals as detailed below.
c.
When errors of administrative procedure
are found by the appeals board, the case shall be referred back to the board
for rectification.
d.
When errors of interpretation are found,
the board of appeals may modify the interpretation or reverse the order of the
board but may not alter the conditions attached by the board. All changes in conditions, other than changes
made by the granting of a variance, shall be made by the board in accordance
with the board of appeals' interpretation.
e.
Appeals involving conditions imposed by
the board, or a decision to deny or approve, shall be made to the Superior
Court, when such appeals do not involve administrative procedures and
interpretation which shall first be heard and decided by the board of appeals,
as detailed above.
This
ordinance may be amended by majority vote at town meeting.
a. It shall be the duty of the code enforcement officer to enforce the provisions of this ordinance. If the code enforcement officer shall find that any provision is being violated, he or she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it, including discontinuance of illegal use of land, buildings or structures, or work being done, removal of illegal buildings or structures, and abatement of nuisance conditions. A copy of such notices shall be submitted to the selectmen and be maintained as a permanent record.
b. The code enforcement officer shall conduct on-site inspections to ensure compliance with all applicable laws and conditions attached to permit approvals. The code enforcement officer shall also investigate all complaints of alleged violations of this ordinance.
When
the above action does not result in the correction or abatement of the
violation or nuisance condition, the selectmen, upon notice from the code
enforcement officer, are hereby directed to institute any and all actions and
proceedings, either legal or equitable, including seeking injunctions of
violations and the imposition of fines, that may be appropriate or necessary to
enforce the provisions of this ordinance in the name of the municipality. The selectmen, or their authorized agent, are
hereby authorized to enter into administrative consent agreements for the
purpose of eliminating violations of this ordinance and recovering fines
without court action.
Any
person including, but not limited to, a landowner, a landowner's agent or a
contractor, who orders or conducts any activity in violation of this ordinance
shall be penalized in accordance with MRSA Title 30-A, Section 4452.
The fee for all applications shall be a minimum of
$200. For all projects greater than
4,000 square feet, the fee shall be 5-cents ($.05) per square foot. For applications
proposing buildings greater than 4,000 square feet ground coverage, the fee
shall include an additional 5-cents ($.05) per square foot of building ground
coverage. For applications involving
alteration of the ground surface, the application fee shall be an additional
$50 per acre beyond the first acre of surficial alteration. Fees for projects submitted by the municipal
government of the Town of
In
the interpretation and enforcement of this code, all words other than those
specifically defined in the various ordinances shall have the meaning implied
by their context in the ordinance or their ordinarily accepted meaning. In the case of any difference of meaning or
implication between the text of this ordinance and any map, illustration or
table, the text shall control.
The
word "person" includes a firm, association, organization,
partnership, trust, company or corporation as well as an individual or any
other legal entity.
The
present tense includes the future tense, the singular number includes the
plural, and the plural numbers include the singular.
The
word "shall" and "will" are mandatory, the work
"may" is permissive.
The
word "lot" includes the words "plot" and
"parcel."
The
word "structure" includes the word "building."
The
word "used" or "occupied," as applied to any land or
building, shall be construed to include the words "intended, arranged, or
designed to be used or occupied."
Abutter: The owner of any property with one or more
common boundaries, or across the street or stream from, the property involved
in an application or appeal.
Acceleration
Lane: A speed-change lane for the purpose of enabling
a vehicle entering a roadway to increase its speed to a rate at which it can
safely merge through traffic.
Access: The ability to enter or leave a public street
or highway from an adjacent driveway or another public street.
Accessory
Structure or use:
a use or structure which is incidental and subordinate to the principal
use or structure on the same lot.
Accessory uses, when aggregated shall not subordinate the principal use
of the lot. A deck or similar extension
of the principal structure or a garage attached to the principal structure by a
roof or a common wall is considered part of the principal structure.
Administer:
to execute the review and approval process stipulated by an ordinance and serve
as consultant in any action by the Selectmen and/or Code Enforcement Officer
necessary to ensure compliance with its provisions.
Aggrieved
party: shall include the
following: a person whose land is
directly or indirectly affected by the grant or denial of a permit or variance
under an ordinance, a person whose land abuts land for which a permit or
variance has been granted, or a group of 5 or more citizens of the Town who
represent an interest adverse to the grant or denial of such permit or
variance.
Agriculture: The commercial cultivation of soil, producing
or raising crops or livestock. The term
shall also include greenhouses, nurseries and versions thereof, but these two
terms, when used alone, shall refer specifically to a place where flowers,
plants, shrubs, and/or trees are grown for sale.
Alteration: Any change or modification in construction,
or change in the structural members of a building or structure such as walls,
columns, beams or girders, or in the use of a building. The term shall also include change,
modification, expansion, or addition of a deck, dormer, staircase, or roof of
the building.
Amusement Facility: Any privately, commercially/owned premises
which are maintained or operated primarily for the amusement, patronage, or
recreation of the public, containing four (4) or more table sports, pinball
machines, video games, or similar mechanical or electronic games, whether
activated by coins, tokens, or discs, or whether activated through remote
control by the management.
Animal
Breeding or Care Facility:
The keeping or raising of six or more animals, including domestic
animals, birds, and pets, for any commercial use. This definition also includes kennels.
Antique
Shop: A retail
business establishment specializing in the sale of goods which have a higher
retail value due to the item's age.
Applicant: The person applying for a permit under this
ordinance who demonstrates legal standing or interest to apply by means of
ownership, authorized agent, or option or purchase and sale agreement or the
like.
Aquifer: Geologic unit composed of rock or sand and
gravel, which unit contains sufficient saturated permeable materials to conduct
groundwater and to also yield economically significant quantities of
groundwater to wells and springs.
Aquifer Recharge: The process of infiltration and migration by which
groundwater is replenished.
Area of Special Flood
Hazard: The land
in the floodplain having a one percent or greater chance of flooding in any
given year.
Authorized Agent: A person having written authorization to act
on behalf of a property owner. The
authorization shall be signed by the property owner(s).
Automobile Recycling
Business: The
business premises of a person who purchases or acquires salvage vehicles for
the purpose of reselling the vehicles or component parts of the vehicles or rebuilding
or repairing salvage vehicles for the purpose of resale or for selling the
basic materials in the salvage vehicles.
Automobile Repair
Shop: A
business establishment engaged in general repair, engine rebuilding, or parts
replacement. Automobile repair shall not
mean body, frame, or fender straightening and repair or painting and
undercoating, nor the sale of gasoline, other motor fuels or motor oil.
Automobile Graveyard,
Junkyard: A yard,
field, or other area used to store three or more unserviceable, discarded,
worn-out, or junked motor vehicles as defined in M.R.S.A. Title 29A, §101(42),
or parts of such vehicles; includes an area for dismantling of motor vehicles
for the purpose of reselling the component parts of the vehicles, for rebuilding
or repairing salvage vehicles for the purpose of resale, or for selling the
basic materials in salvage vehicles.
Auto graveyard does not include any area used for temporary storage by
an establishment or place of business which is primarily engaged in doing auto
body repair work to make repairs to render a motor vehicle serviceable.
Average Daily Traffic
(ADT): The
average number of vehicles per day that enter and exit the premises or travel
over a specific section of road.
Bank: A business which receives and safeguards
money and other valuables, lends money, executes bills of exchange, or provides
other related financial lending and exchange services.
Base Flood: The flood having a one percent chance of
being equaled or exceeded in any given year, commonly called the 100-year
flood.
Basement: Any area of the building having its floor
subgrade (below ground level) on all sides.
Bed and Breakfast: Any dwelling in which transient lodging or
boarding and lodging are provided and offered to the public by the owner for
compensation for less than 30 days. This
dwelling shall also be the full-time, permanent residence of its owner;
otherwise, it shall be classified as a hotel/motel. There shall be no provisions for cooking in
any individual guest room.
Boarding/Lodging
Facility: Any
residential structure where lodging and/or meals are provided for compensation
for a period of at least one week, and where a family residing in the building
acts as proprietor or owner. When the
criteria for a family residing in the building cannot be met, the building
shall be classified as a hotel/motel.
There shall be no provisions for cooking in any individual guest room.
Boat
Repair, Sales, Rental, or Storage Business: A facility for storing, selling, and servicing
boats. Such a facility may or may not be
affiliated with a marina.
Body
of Water: Shall
include the following:
1. Pond or
2. Stream or River - a free flowing
drainage outlet, with a defined channel and flowing water.
Buffer
zone: trees, hedges, fencing, or other vegetative
barrier in keeping with the character of the natural surroundings which
provides a visual and auditory screen between a structure or lot and another
structure, lot, or street.
Building: Any 3 dimensional structure or enclosure by
any building materials or any space for any use or occupancy, temporary or
permanent, including but not limited to swimming pools, foundations or pilings
in the ground and all parts of any kind of structure above ground including
decks, railings, dormers, and stairs, and excluding sidewalks, fences,
driveways, electrical transmission and distribution lines, and field or garden
walls or embankment retaining walls.
Building Height: The vertical distance between the highest
point of the structure and the average grade of the original ground adjoining
the building, whichever distance is greater.
Business and
Professional Offices:
The place of business of doctors, lawyers, accountants, financial
advisors, architects, surveyors, real estate and insurance businesses,
psychiatrists, counselors, and the like or in which a business conducts its
administrative, financial or clerical operations including banks and other
financial services, but not retail sales nor activities utilizing trucks on
site as part of the business operation.
Campground: Land upon which one or more tents are erected
or trailers or other shelter are parked for temporary use for a fee or two or more
sites on the same property arranged specifically for that purpose.
Cemetery: Property used for the interring of the dead.
Channel: A natural or artificial watercourse to
confine and conduct continuously or periodically flowing water. Channel flow is water flowing within the
limits of the defined channel.
Church, Synagogue and
Mosque: A
building or structure, or group of buildings or structures, designed, primarily
intended and used for the conduct of religious services.
Club: Any voluntary association of persons
organized for social, religious, benevolent, literary, scientific, or political
purposes, whose facilities, especially a clubhouse, are open to members and
guests only and not the general public; and not engaged in activities customarily
carried on by a business or for pecuniary gain.
Such term shall include fraternities, sororities, and social clubs
generally.
Cluster Development: A development consisting of residential
dwelling units, or commercial businesses, or mixed residential and commercial
uses planned, developed as a whole or in a programmed series of developments,
and controlled by one developer on a tract of 10 or more lots, or one tract
with 10 or more principal uses or dwelling units, which contemplates an
innovative, more compact grouping of uses.
Cluster developments treat the developed area as an entirety to promote
flexibility in design, architectural diversity, the efficient use of land, a
reduction in the size of road and utility systems, the creation of permanent,
common open space, and the permanent retention of the natural characteristics
of the land.
Coastal Wetlands: See wetland.
Code Enforcement
Officer: A person appointed by the municipal officers to
administer and enforce the ordinances of Lamoine.
Commercial: Connected with the buying or selling of goods
or services or the provision of facilities for a fee.
Commercial
use: The use of lands, buildings, or structures,
other than a "home occupation" defined below, the intent and result
of which activity is the production of income from the buying and selling of
goods and/or services, exclusive of rental of residential buildings and/or
dwelling units.
Common Open Space: Land within or related to a subdivision
and/or cluster development, not individually owned, which is designed and
intended for the common use or enjoyment of the residents of the development or
the general public. It may include
complementary structures and improvements, typically used for maintenance and
operation of the open space, such as for outdoor recreation, forestry or
agricultural activities.
Complete Application: An application shall be considered complete
upon submission of the required fee and all information required by this
ordinance or by the Planning Board.
Condominium: As defined in the "Maine Condominium Act
of 1983," the term means real estate, portions of which are designated for
separate ownership and the remainder of which is designated for common
ownership solely by the owners of those portions under a declaration, duly
recorded pursuant to this Act. A
condominium is a legal form of ownership, not a land development type. Real estate is not a condominium unless the
undivided interests in the common elements are vested in the unit owners.
Condominium
Conversion: A building
that at any time before creation of the condominium was occupied wholly or
partially by one or more persons other than purchasers and persons who occupy
with the consent of purchasers.
Conforming: A building, structure, use of land, or
portion thereof, which complies with the provisions of this Ordinance.
Congregate Housing: Residential housing consisting of private
apartments and central dining facilities and within which a congregate housing
supportive services program serves functionally impaired elderly or disabled
occupants; the individuals are unable to live independently yet do not require
the constant supervision or intensive health care available at intermediate
care or skilled nursing facilities.
Congregate housing shall include only those facilities which have been
certified by the State of
Conservation Easement: A nonpossessory interest in real property
imposing limitations or affirmative obligations, the purposes of which include
retaining or protecting natural, scenic or open space values of real property;
assuring its availability for agricultural, forest, recreational or open space
use; protecting natural resources; or maintaining air or water quality.
Constructed: Built, erected, altered, reconstructed, moved
upon, or any physical operations on the premises which are required for construction. Excavation, fill, drainage, and the like,
shall be considered a part of construction.
Conversion
to a different use:
any change of dominant purpose to which a structure is put (e.g., from
residential to commercial or from retail to industrial).
Corner
Clearance: The minimum dimension, measured parallel to a
highway, between the curb, pavement or shoulder lines of an intersecting
highway and the nearest edge of a driveway.
Corner
Cul-de-sac: A local street, one end of which is closed
and consists of a circular turn-around.
Curb Cut: The opening along the curb line at which
point vehicles may enter or leave the roadway.
Day
Care An establishment, other than a home occupation,
where 3 or more children under the age of six (6) are cared for in return for
compensation.
Day Care Centers:
A building in which day care is provided for three or more children under the
age of 16, a nursery school, or an adult day care program registered by the
Maine Department of Human Services in accordance with M.R.S.A. Title 22, §7701
et. seq. as amended.
Deceleration
Lane: A speed-change lane for the purpose of enabling
a vehicle to leave the through traffic lane at a speed equal to or slightly
less than the speed of traffic in the through lane and to decelerate to a stop
or make a slow speed turn.
Density: The number of dwelling units per area of
land.
Design
Hourly Volume: The hourly traffic volume used to evaluate or
design a highway or driveway.
Developed Area: Any area on which a site improvement or
change is made, including buildings, landscaping, parking areas, and roads or
driveways.
Development: Any man-made changes to improved or
unimproved real estate, including but not limited to buildings, or other
structures, mining, dredging, filling, grading, paving, excavation, drilling
operations.
Dimensional
Requirements:
Numerical standards relating to spatial relationships including but not
limited to setback, lot area, shore or road frontage and height.
Direct Watershed of a
Great Pond: That
portion of the watershed which drains directly to the great pond without first
passing through an upstream great pond.
For the purposes of these regulations, the watershed boundaries shall be
as delineated in the comprehensive plan.
Due to the scale of the map in the comprehensive plan there may be small
inaccuracies in the delineation of the watershed boundary. Where there is a dispute as to exact location
of a watershed boundary, the Board or its designee and the applicant shall
conduct an on-site investigation to determine where the drainage divide
lies. If the Board and the applicants
can not agree on the location of the drainage divide based on the on-site
investigation, the burden of proof shall lie with the applicant to provide the
Board with information from a registered land surveyor showing where the
drainage divide lies.
Direct
Watershed of a
District: A specified portion of Lamoine, delineated on
the official land use map.
Diversion
Ditch: A ditch
to intercept and divert surface water runoff away from a disposal area.
Drainage
Ditch: A
constructed ditch receiving and diverting surface water runoff.
Driveway:
a vehicular access-way less than five hundred (500) feet in length serving two
lots or less.
Driveway Width: The narrowest width of the driveway, measured
parallel to the highway or right-of-way.
Dwelling: Any building or structure or portion thereof
designed or used for residential purposes.
1.
Dwelling Unit
- A room or group of rooms used by a family as a habitation which is separate
from other such rooms or suites of rooms, containing independent living,
cooking, sleeping, bathing and sanitary facilities.
2.
Single-Family
Dwelling - Any structure containing only one (1) dwelling unit for
occupation by not more than one (1) family.
3.
Two-Family Dwelling
- A building containing only two (2) dwelling units, for occupation by not more
than two (2) families.
4.
Multi-Family Dwelling
- A building containing three (3) or more dwelling units, such buildings being
designed exclusively for residential use and occupancy by three (3) or more
families living independently of one another, with the number of families not
exceeding the number of dwelling units.
5.
Accessory Dwelling Unit
- A dwelling unit within and incidental to an existing single-family dwelling,
occupied by one or two immediate family members. An accessory dwelling unit is not to be used
to generate income.
Emergency
Operations:
Operations conducted for the public health, safety or general welfare,
such as protection of resources from immediate destruction or loss, law
enforcement, and operations to rescue human beings, property and livestock from
the threat of destruction or injury.
Engineered Subsurface
Waste Water Disposal System: A subsurface wastewater disposal system
designed, installed, and operated as a single unit to treat 2000 gallons per
day or more; or any system designed to treat wastewater with characteristics
significantly different from domestic wastewater.
Erosion:
The detachment and movement of soil or rock fragments by water, wind, ice, or
gravity.
Essential Services: Facilities for the transmission or
distribution of water, gas, electricity or essential communications or for the
collection, treatment or disposal of wastes, including without limitation,
towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm and police call boxes, traffic signals, hydrants and similar accessories,
but not buildings.
Expansion of a
Structure: An
increase in the floor area or volume of a structure, including all extensions
such as, but not limited to, attached decks, garages, porches and greenhouses.
Extractive Industries:
The excavation, processing or storage of soil, topsoil, peat, loam, sand,
gravel, rock or other mineral deposits, not including:
1. The
excavation of material incidental to and at the site of approved construction
of buildings, driveways or parking areas;
2. The
excavation of material incidental to and at the site of construction or repair
of streets; and
3. The
excavation, processing or storage of less than ten (10) cubic yards of material
on a lot within a one-year period.
Family: two (2) or more persons related by blood,
marriage, adoption or guardianship, or not more than five (5) persons not so
related, occupying a dwelling unit and living as a single housekeeping unit;
such a group to be distinguished from a group occupying a boarding house,
lodging house, club, fraternity or hotel.
Farm
Stand: The
display and sale of fruit or vegetable produce which exceeds 500 square feet of
ground area of outdoor or enclosed goods offered for sale.
Filling: Depositing or dumping any matter on or into
the ground or water.
Filling Station: (see Service Station)
Final Plan: The final drawings on which the applicant's
plan of development is presented to the Planning Board for approval and which,
if approved, must be recorded at the Registry of Deeds.
Flea
Market: Periodic
or seasonal sales activity held within a building or open area where groups of
individual sellers offer goods, new and used for sale to the public, not to
include private yard sales.
Floodplain Management: The operation of an overall program of
corrective and preventive measures for reducing flood damage, including but not
limited to emergency preparedness plans, flood control works, and floodplain
management regulations.
Floodplain Management
Regulations: Zoning
ordinances, subdivision regulations, building codes, health regulations,
special purpose ordinances (such as floodplain ordinance, grading ordinance,
and erosion control ordinance) and other applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for the
purpose of flood damage prevention and reduction.
Floodplains:
Those areas with a 1% or more chance of being flooded each year as shown on the
Flood Insurance Rate Maps drafted by the Federal Emergency Management Agency
Floodway: The channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation more
than one foot.
Floor Area: The sum of the horizontal areas of the
floor(s) of a structure enclosed by exterior walls, plus the horizontal area of
any unenclosed portions of a structure such as porches and decks.
Forest
Management Activities:
Includes timber cruising and other forest resource evaluation
activities, pesticide application, timber stand improvement, pruning, timber
harvesting and other forest harvesting, regeneration of forest stands, and
other similar associated activities, but not the construction, creation or
maintenance of land management roads.
Forestry: The operation of timber tracts, tree farms,
forest nurseries, the gathering of forest products, or the performance of
forest services.
Foundations: The supporting substructure of a building or
other structure including but not limited to basements, slabs, sills, posts or
frostwalls.
Freshwater Wetland: See 'Wetland'
Frontage, Road: The distance between the intersections of the
side lot lines with the road right-of-way or the existing tarred or gravel
road.
Functionally
Water-Dependent Uses:
Those uses that require, for their primary purpose, location on
submerged lands or that require direct access to, or location in, coastal and
inland waters and which cannot be located away from these waters. The uses include, but are not limited to
commercial and recreational fishing and boating facilities, finfish and
shellfish processing, fish storage and retail and wholesale fish marketing
facilities, waterfront dock and port facilities, shipyards and boat building
facilities, marinas, navigation aides, basins and channels, industrial uses
dependent upon water-borne transportation or requiring large volumes of cooling
or processing water and which cannot reasonably be located or operated at an
inland site, and uses which primarily provide general public access to marine
or tidal waters.
Gasoline Service
Station: Any
place of business at which gasoline, other motor fuels or motor oil are sold,
and put into a motor vehicle on the premises, regardless of any other business
on the premises.
Greenhouse:
A building whose roof and sides are made largely of glass or other transparent
or translucent material and in which the temperature and humidity can be
regulated for the cultivation of delicate or out-of-season plants for
subsequent sale or for personal enjoyment.
Groundwater:
All water found beneath the surface of the ground. For purposes of aquifer protection, this term
refers to the slowly moving subsurface water present in the aquifers and
recharge areas.
Hazardous Material: Any gaseous, liquid or solid materials,
either in pure form or incorporated into other materials, designated as
hazardous by the Maine Department of Environmental Protection.
Hazardous,
Special, or Agricultural Waste: Any gaseous, liquid or solid materials,
either in pure form or incorporated into other materials, designated as
hazardous by the Maine Department of Environmental Protection.
High Intensity Soil
Survey: A map
prepared by a Certified Soil Scientist, identifying the soil types down to 1/8
acre or less at a scale equivalent to the subdivision plan submitted. The soils shall be identified in accordance
with the National Cooperative Soil Survey.
The map shall show the location of all test pits used to identify the
soils, and shall be accompanied by a log of each sample point identifying the
textural classification and the depth to seasonal high water table or bedrock
at that point. Single soil test pits and
their evaluation for suitability for subsurface waste water disposal systems
shall not be considered to constitute high intensity soil surveys.
1. Listed
individually in the National Register of Historic Places (a listing maintained
by the Department of Interior) or preliminary determined by the Secretary of
the Interior as meeting the requirements of individual listing on the National
Register.
2. Certified
or preliminary determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district
preliminarily determined by the Secretary of the Interior to qualify as a
registered historic district;
3. Individually
listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the
Interior; or
4. Individually
listed on a local inventory of historic places in communities with historic preservation
programs that have been certified either a) by an approved state program as
determined by the Secretary of the Interior; or b) directly by the Secretary of
the Interior in states without approved programs.
5. Identified
in the Lamoine Comprehensive Plan.
Home
occupation: an occupation or profession which is
customarily conducted on or in a residential structure or property and
which 1) is clearly incidental to and compatible with the residential use
of the property and surrounding residential uses; and 2) which employs no
more than two (2) persons other than family members residing in the home.
Hospital: A facility providing health services
primarily for in-patient medical and surgical cases, including related
facilities such as laboratories, outpatient departments, and staff offices.
Hotel/Motel: A commercial building or group of buildings
built to accommodate for a fee travelers and other transient guests who are
staying for a limited duration with sleeping rooms, each rental unit having its
own private bathroom and its own separate entrance leading either to the
outdoors or to a common corridor or hallway.
A hotel may include restaurant facilities where food is prepared and
meals served to its guests and other customers.
Hydric Soils:
Those soils characterized by the presence of wetland vegetation, hydrology, and
to wet soils as defined within the current effective edition of the Federal
Manual for identifying and delineating jurisdictional wetlands and as shown as
being part of or adjacent to the hydric soils delineated within the Soil
Conservation Services Medium Intensity Soil Survey.
Impervious Surface:
Any material that substantially reduces or prevents the infiltration of
stormwater into previously undeveloped land.
Impervious surface shall include graveled driveways and parking areas as
well as compacted sand and most conventionally surfaced streets, roofs,
sidewalks, parking lots, and other similar structures.
Increase
in Intensity: Any
modification in use which results in increased traffic flow, increased noise
levels or increase in wastes generated.
Industrial: The assembling, fabrication, finishing,
manufacturing, packaging or processing of goods, or the extraction of minerals
except when conducted as part of a home occupation or conducted wholly within
an existing structure where no utility modifications are required, the
operation has no more than three employees, and no more than 2000 square feet.
Proposed uses beneath the above thresholds may be reviewed as commercial uses.
Industrial Park: An area of land developed exclusively to
industrial and associated uses.
Infrastructure: The basic facilities and utilities needed for
the functioning of a community (in this ordinance, a subdivision) such as
roads, common use sewage systems, common usage water supplies & lines, fire
protection systems, communication and power lines and poles, street lighting,
and other services and facilities used in common.
Institutional
structure: a structure devoted to public, governmental,
educational, charitable, medical, or similar purpose.
Intermittent
Drainage Way: Any
drainage way which exhibits channelized flowing water, resulting from surface
runoff or the position of the ground water table, which occurs for a period of
not more than six (6) consecutive months during the year.
Junkyard/Automobile
Graveyard:
1. Automobile
Graveyard: A yard, field or other area used as a place of storage for three (3)
or more unregistered, unserviceable, discarded, worn-out or junked
automobiles. This provision does not
apply to serviceable, but unregistered vehicles offered for sale by a
state-licensed automobile dealer.
2. Junkyard:
A yard, field or other area used as a placed of storage for discarded, worn-out
or junked plumbing, heating supplies, household appliances, furniture,
discarded scrap and junked lumber, old or scrap copper, brass, rope, rags,
batteries, paper trash, rubber debris, waste and scrap iron, steel and other
ferrous and non-ferrous material accumulated.
Kennel: An establishment in which more than six (6)
dogs or six (6) cats are sold, bred, boarded, or trained for a fee.
Landscaping: The addition or retention of lawns, fields,
trees, plants, and other natural and decorative features to the land. The preservation, care and maintenance of
existing native vegetation of a size and character.
Cultivated Landscaping
shall mean manmade planted areas that require pruning, fertilizing and tending
on a more frequent basis.
Level of Service: A description of the operating conditions a driver
will experience while traveling on a particular street or highway calculated in
accordance with the provisions of the Highway Capacity Manual, 1985 edition,
published by the National Academy of Sciences, Transportation Research Board. There are six levels of service ranging from
Level of Service A, with free traffic flow and no delays to Level of Service F,
with forced flow and congestion resulting in complete failure of the roadway.
Lodging
unit: a room or group of rooms in which sleeping
accommodations are furnished for compensation and meals or other services may
be furnished by the owner or operator to any individual not a family
member. Lodging units shall include bed
and breakfasts, inns, boarding houses, rooming houses, hotels, or motels.
Lot: An area of land in one ownership, or one
leasehold, with ascertainable boundaries established by deed or instrument of
record, or a segment of land ownership defined by lot boundary lines on a land
subdivision plan duly approved by the Planning Board and recorded in the
"New"
Lot
Line, Front: In the
case of a lot abutting only one street, the street line separating such lot
from such street; in the case of a double frontage lot, each street line
separating such lot from a street shall be considered to be the front lot line,
except where the rear yard requirement is greater than the front yard requirement
in which case one of two opposing yards shall be a rear yard. In the case of a lot with no road frontage
the front lot line shall be considered to be the line parallel to the front of
the building.
Lot of Record: A parcel of land, a legal description of
which or the dimensions of which are recorded on a document or map on file with
the
Lumber
Yard: A use
which includes sales and retails building supplies.
Machine
Shop: A
manufacturing establishment which manufactures parts from metals.
Manufactured Housing: A structural unit or units designed for
occupancy and constructed in a manufacturing facility and transported, by the
use of its own chassis or an independent chassis, to a building site. The term includes any type of building which
is constructed at a manufacturing facility and transported to a building site
where it is used for housing and may be purchased or sold by a dealer in the
interim. For purposes of this section,
two types of manufactured housing are included.
Those two types are:
1.
Mobile Homes
Those
units constructed after June 15, 1976, commonly called "newer mobile
homes," which the manufacturer certifies are constructed in compliance
with the United States Department of Housing and Urban Development standards,
meaning structures transportable in one or more sections, which in the
traveling mode are 14 body feet or more in width and are 750 or more square
feet, and which are built on a permanent chassis and designed to be used as
dwellings, with or without permanent foundations, when connected to the
required utilities including the plumbing, heating, air conditioning or
electrical systems contained in the unit;
a. This
term also includes any structure which meets all the requirements of this
subparagraph, except the size requirements and with respect to which the
manufacturer voluntarily files a certification required by the Secretary of the
United States Department of Housing and Urban Development and complies with the
standards established under the National Manufactured Housing Construction and
Safety Standards Act of 1974, United States Code, Title 42, Section 5401, et
seq.; and the Maine State Manufactured Housing Board.
2.
Modular Homes
Those
units commonly called "modular homes," which the manufacturer
certifies are constructed in compliance with MRSA Title 10, chapter 951 et.
seq., and rules adopted under that chapter, meaning structures, transportable
in one or more sections, which are not constructed on a permanent chassis and
are designed to be used as dwellings on foundations when connected to required
utilities, including the plumbing, heating, air-conditioning or electrical
systems contained in the unit.
Manufacturing: The making of goods and articles by hand or
machinery. Manufacturing shall include
assembling, fabricating, finishing, packaging or processing operations.
Marina: A business establishment having frontage on
navigable water and, as its principal use, providing for hire offshore moorings
or docking facilities for boats, and which may also provide accessory services
such as boat and related sales, boat repair and construction, indoor and
outdoor storage of boats and marine equipment, boat and tackle shops and marine
fuel service facilities.
Mineral
Exploration: Hand
sampling, test boring, or other methods of determining the nature or extent of
mineral resources which create minimal disturbance to the land and which
include reasonable measures to restore the land to its original condition.
Mineral
Extraction: Any
operation within any twelve (12) month period which removes more than one
hundred (100) cubic yards of like material from its natural location and to
transport the product removed, away from the extraction site.
Mobile Home
Subdivision: A parcel
of land approved by the town for the placement of three or more mobile homes on
individually owned lots.
Motel/Hotel: A commercial building or group of buildings
built to accommodate for a fee travelers and other transient guests who are
staying for a limited duration with sleeping rooms without cooking facilities,
each rental unit having its own private bathroom and its own separate entrance
leading either to the outdoors or to a common corridor or hallway. A hotel may include restaurant facilities
where food is prepared and meals served to its guests and other customers.
Multi-Unit or
Multi-Family Residential:
See Dwelling, Multi-Family.
Municipal
facilities: provisions established and maintained by the
town to serve the well being of the public including but not limited to
schools, town roads, solid waste disposal, fire protection, parks, water
supplies, and sewage disposal systems.
Net Acreage: The area of a lot or lots which is useable
for determining allowable densities, as set forth in the Net Acreage
calculations standard contained in the section 3.D - (Land not suitable for
development section) of the Lamoine Building and Land Use Ordinance.
Net Maximum Density: The ratio of principal structures allowed in
relation to available acreage.
Non-Conforming: A lot, building, structure, use of land, or
portion thereof, legally existing at the effective date of adoption or
amendment of this Ordinance which thereafter fails to conform to all applicable
provisions of this Ordinance.
Nursery:
Land or greenhouses used to raise flowers, shrubs, and plants for sale.
Nursery
or
Nursing Home: A privately operated establishment where
maintenance and personal or nursing care are provided for persons who are
unable to care for themselves.
Open
space: land unencumbered with structures.
Open
space for common use: open space applicable to the
development but not restricted to individual occupants. Such space may be dedicated for public use,
whether for general or a specified use.
Parks
and Recreation:
Non-commercially operated recreation facilities open to the general
public including, but not limited to playgrounds, parks, monuments, green
strips, open space, mini-parks, athletic fields, boat launching ramps, piers
and docks, picnic grounds, swimming pools, and wildlife and nature preserves,
along with any necessary accessory facilities, restrooms, bath houses, and the
maintenance of such land and facilities.
The term shall not include campgrounds, or commercial recreation and
amusement centers.
Perennial
Water Body: Standing
or flowing water lasting or continuing for more than six (6) consecutive months
of the year.
Permanent Foundation: Shall mean all of the following:
1. A
full, poured concrete or masonry foundation.
2. A
poured concrete frost wall or a mortared masonry frost wall, with or without a
concrete floor.
3. A
reinforced, floating concrete pad for which the municipality may require an
engineer's certification if it is to be placed on soil with high frost
susceptibility.
4. Concrete,
masonry, or stone piling.
5.
Any foundation which, pursuant to the
building code of the municipality, is permitted for other types of
single-family dwellings.
Permitted Use: Uses which are listed as permitted uses in
the various districts set forth in this Ordinance. The term shall not include prohibited uses.
Person: An individual, corporation, governmental
agency, municipality, trust, estate, partnership, association, two or more
individuals having a joint or common interest, or other legal entity.
Phased Development: A development of land that is under unified
control and is planned and developed as a whole in a single development
operation of programmed series of development stages. The development often includes a mixture of
uses and may include streets, buildings, open space, and other site features.
Plat:
a plan, map, or chart drawn to scale describing a parcel of land indicating
actual or proposed structures and uses.
Planned Unit
Development: Land under unified management, planned and
developed as a whole according to comprehensive and detailed plans, including
streets, utilities, lots or building sites, site plans and design principles
for all buildings intended to be located, constructed, used and related to each
other, and for other uses and improvements on the land. Development may be a single operation or a
programmed series of operations including all lands and buildings, with
provision for operation and maintenance of such areas and improvements and
facilities necessary for common use by the occupants of the development.
Planning Board: The Planning Board of the Town of
Plumbing,
Electrical, or Carpentry Shop: An establishment where plumbing, electrical,
or carpentry materials are sold on a wholesale or retail basis.
Preliminary
Plan: The
preliminary drawings indicating the proposed layout of a development to be
submitted to the Planning Board for its consideration.
Principal
Structure or Use: The
primary use and chief purpose of a lot or structure.
Professional Engineer: A professional engineer, licensed and
registered in the State of
Public Facility: Any facility, including, but not limited to,
buildings, property, recreation areas, and roads, which are owned, leased, or
otherwise operated, or funded by a governmental body or public entity.
Public Parks and
Recreation:
Non-commercially operated recreation facilities open to the general
public including, but not limited to playgrounds, parks, monuments, green
strips, open space, mini-parks, athletic fields, boat launching ramps, piers
and docks, picnic grounds, swimming pools, and wildlife and nature preserves,
along with any necessary accessory facilities, restrooms, bath houses, and the
maintenance of such land and facilities.
The term shall not include campgrounds, or commercial recreation and
amusement facilities.
Public
Utility: Any
person, firm, corporation, municipal department, board or commission authorized
to furnish gas, steam, electricity, waste disposal, communication facilities,
transportation or water to the public.
Quarry: a place where rock is excavated.
Rare
and Endangered Species: Endangered, threatened or rare plants,
animals, and natural communities identified by the Maine Natural Heritage
Program.
Recording Plan: An original of the Final Plan, suitable for
recording at the Registry of Deeds and which shows information relevant to the
transfer of an interest in the property, and which does not show other information
presented on the plan such as sewer and water line locations and sizes,
culverts, and building lines.
Recreational Facility: A place designed and equipped for the conduct
of sports, leisure time activities, and other customary and usual recreational
activities, excluding boat-launching facilities.
Recreational Vehicle: A self-propelled or drawn vehicle or
vehicular attachment designed for temporary sleeping or living quarters for one
or more persons, which is not a dwelling and which may include a pick-up
camper, travel trailer, tent trailer, or motor home.
Replacement
System: A
subsurface wastewater disposal system intended to replace: 1) an existing
system which is either malfunctioning or being upgraded with no significant
change of design flow or use of the structure, or 2) any existing overboard
wastewater discharge.
Restaurant: An establishment where meals are prepared and
served to the public for consumption on the premises entirely within a
completely enclosed building; and where no food or beverages are served
directly to occupants of motor vehicles or directly to pedestrian traffic from
an exterior service opening or counter, or any combination of the foregoing;
and where customers are not permitted or encouraged by the design of the
physical facilities, by advertising, or by the servicing or packaging
procedures, to take out food or beverage for consumption outside the enclosed
building.
Retail Business: A business establishment engaged in the
on-site sale, rental, or lease of goods to the ultimate consumer for direct use
or consumption and not for resale.
Right-of-Way: All public or private roads and streets,
state and federal highways, private ways (now called public easements), and
public land reservations for the purpose of public access, including utility
rights-of-way.
Road: An existing State, county, or town way or a
street dedicated for public use and shown upon a plan duly approved by the
Planning Board and recorded in the County Registry of Deeds or a road dedicated
for public use and shown on a plan duly recorded in the County Registry of
Deeds prior to the establishment of the Planning Board and the grant to the
Planning Board of its power to approve plans. The term "road" shall
not include those ways which have been discontinued or abandoned.
Road
frontage: that portion of a parcel or lot contiguous to
any road, street, or right of way.
Sand
and Gravel Aquifer: A
geologic formation composed of rock or sand and gravel that stores and
transmits significant quantities of recoverable water.
School: An institution for education or instruction
including a college, university, and public or private school conducting
classes pursuant to a program approved by the State Board of Education or
similar government agency, but not including commercially operated schools of
beauty, culture, business, dancing, driving, music, or recreation which shall
be deemed retail businesses.
Septic System: See 'Subsurface Waste Water Disposal
System'
Service Drop: Any utility line extension which does not
cross or run beneath any portion of a water body that conforms to the standards
of the National Fire Protection Association “Number 70” and:
1. In the case of electric service
a.
The placement of wires and/or the
installation of utility poles is located entirely upon the premises of the
customer requesting service or upon a roadway right-of-way; and
b.
The total length of the extension is less
than one thousand (1,000) feet.
2. In the case of telephone service
a.
The extension, regardless of length, will
be made by the installation of telephone wires to existing utility poles, or
b.
The extension requiring the installation
of new utility poles or placement underground is less than one thousand (1,000)
feet in length.
Service Station:
An establishment where motor fuels are stored and dispensed into the fuel tanks
of motor vehicles. This use may include
facilities for the retail sale of other products.
Setback: The minimum required horizontal distance from
a lot line or other feature to the nearest part of a building, including
porches, steps, and railings.
Shared
Driveway: A single driveway serving two or more
lots. A shared driveway may cross a lot
line or be on the lot line, and the owners may have an easement for the shared
use.
Shoreland Zone or
Shoreland Area:
All land areas under the jurisdiction of the Shoreland Zoning Ordinance.
Sight Distance: The length of an unobstructed view from a
particular access point to the farthest visible point of reference on a
roadway.
Signs:
A name, identification, description, display or illustration which is affixed
to, painted or represented, directly or indirectly upon a building, structure,
parcel or lot and which relates to an object, product, place, activity, person,
institution, organization or business on the premises.
Sketch Plan: Conceptual maps, renderings, and supportive
data describing the project proposed by the applicant for initial review prior
to submitting an application for planning board or code enforcement officer
approval. May be used by the applicant
as the basis for preparing the development plans and as part of the application
for development approval.
Slope: See 'Sustained Slope'
Start of Construction: For the purposes of this Ordinance, the date
the building permit was issued, provided the actual start of construction,
repair, reconstruction, placement, substantial improvement or other improvement
was within 180 days of the permit date.
The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings,
the installation of piles, the construction of columns, or any work beyond the
stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction
includes: land preparation, such as clearing, grading and filling; the
installation of streets and/or walkways; the excavation for basement, footings,
piers, or foundations or the erection of temporary forms; and the installation
on the property of accessory buildings, such as garages or sheds not occupied
as dwelling units or not part of the main structure.
Street: Public and private ways such as alleys,
avenues, highways, roads, and other rights-of-way, as well as areas on
subdivision plans designated as rights-of-way for vehicular access other than
driveways. The center of all streets
shall be set back at least 30 feet from abutting property lines.
Structure: Anything constructed or erected, the use of
which requires a fixed location on or in the ground or in the water, or an
attachment to something having a fixed location on the ground, including
buildings, billboards, signs, commercial park rides and games, carports,
porches, and other building features, including stacks and antennas, but not
including sidewalks, fences, driveways, parking lots, and field or garden walls
or embankment retaining walls.
Subdivision: The division of a tract or parcel of land
into three (3) or more lots within a five (5) year period whether accomplished
by sale, lease, development, buildings or otherwise and as further defined in
the Lamoine Subdivision Ordinance and the Maine State Statutes, Title 30-A,
MRSA, Section 4401, as amended.
Substantial
Completion: Completion of eighty percent (80%) of a
permitted structure or use measured as a percentage of estimated total cost.
Substantial
Start: Completion of thirty percent (30%) of a
permitted structure or use measured as a percentage of estimated total cost.
Substantial
addition: an increase of 20% of the area and/or of the
assessed value.
Subsurface Waste Water
Disposal System: A
collection of treatment tank(s), disposal area(s), holding tank(s) and pond(s),
surface spray system(s), cesspool(s), well(s), surface ditch (es), alternative
toilet(s), or other devices and associated piping designed to function as a
unit for the purpose of disposing of wastes or wastewater on or beneath the
surface of the earth. The term shall not
include any wastewater discharge system licensed under 38 MRSA Section 414; any
surface wastewater disposal system licensed under 38 MRSA Section 413
Subsection 1-A, or any public sewer. The
term shall not include a wastewater disposal system designed to treat
wastewater which is in whole or in part hazardous waste as defined in 38 MRSA
Chapter 13, subchapter 1.
Sustained Slope: A change in elevation where the referenced
percent grade is substantially maintained or exceeded throughout the measured
area.
Swimming Pool: An outdoor man-made receptacle or excavation
designed to hold water to a depth of at least twenty-four (24) inches,
primarily for swimming or bathing, whether in ground or above the ground.
Tract or Parcel of
Land: All
contiguous land in the same ownership, whether or not the tract is separated at
any point by: an intermittent or non-navigable stream, tidal waters where there
is no flow at low tide, or a private road established by the abutting land
owners.
Trip
Generation: The estimated volume of traffic going to and
from a particular location.
Turn
Radius: The radius of an arc which approximates the
turning path of a vehicle.
Two
stories: 2 full
floors, the lower of which is at least one foot above grade.
Use: The manner in which land or a structure is
arranged, designed or intended, or is occupied.
Variance: A relaxation of the terms of this Ordinance
where such relaxation will not be contrary to the public interest where, owing
to conditions peculiar to the property, and not the result of the actions of
the applicants, a literal enforcement of the Ordinance would result in undue
hardship. Variances permissible under
this Ordinance are limited to height of buildings, structures, lot size, yard
and open spaces sizes, frontage, and setbacks.
No variance can be granted for the establishment of any use otherwise
prohibited, nor shall a variance be granted because of the presence of
non-conformities of adjacent parcels or in adjacent districts.
Vegetation: All live trees, shrubs, ground cover, and
other plants including without limitation, trees both over and under 4 inches
in diameter, measured at 4 1/2 feet above ground level.
Vehicle
Trip: The vehicle moving from an origination point to
a destination point.
Water Crossing: Any project extending from one bank to the
opposite bank of a river or stream, whether under, through, or over the
watercourse. Such projects include but
may not be limited to roads, fords, bridges, culverts, water lines, sewer
lines, and cables as well as maintenance work on these crossings.
Water Table:
The upper surface of groundwater, or that level below which the soil is
seasonally saturated with water.
Wetlands: any swamp, marsh, bog, beach, flat, or other
land above extreme low water which is subject to tidal action; also, areas
enclosed by the normal high water mark of inland waters and areas otherwise
identified on the basis of soils, vegetation, or other criteria as inland
wetlands including but not limited to swamps, marshes, and bogs as defined by
the Maine State Statutes.
Wetland Coastal &
Freshwater:
"Coastal Wetlands" are all tidal and sub-tidal lands including
all areas below any identifiable debris line left by tidal action, all areas
with vegetation present that is tolerant of salt water and occurs primarily in
a salt water or estuarine habitat, and any swamp, marsh, bog, beach, flat or
other contiguous lowland which is subject to tidal action during the maximum spring
tide level as identified in tide tables published by the National Ocean Service
and as defined by the Maine State Statutes.
Freshwater wetlands
are freshwater swamps, marshes, bogs and similar areas other than forested
wetlands which are:
1.
Of ten or more contiguous acres; or of
less than 10 contiguous acres and adjacent to a surface water body, excluding
any river, stream or brook such that in a natural state, the combined surface
area is in excess of 10 acres; and
2.
Inundated or saturated by surface or
ground water at a frequency and for a duration sufficient to support, and which
under normal circumstances do support, a prevalence of wetland vegetation
typically adapted for life in saturated soils.
Freshwater wetlands
may contain small stream channels or inclusions of land that do not conform to
the criteria of this definition.
Freshwater
wetlands are areas which are inundated or saturated by surface or ground water
at a frequency and for a duration sufficient to support, and which under normal
circumstances do support, a prevalence of wetland vegetation typically adapted
for life in saturated soils; and are not part of a great pond, coastal wetland,
stream or brook. Freshwater wetlands may
contain small stream channels or inclusions of land that do not conform to the
above criteria.
Wholesale
Business and Storage: A
use engaged in storage, wholesale, and distribution of manufactured products,
supplies and equipment.
Signature
Page
This ordinance
was approved by the Lamoine Town Meeting on Tuesday, March 6, 2001 by a
referendum vote.
/s/
Glenn Crawford
/s/
S. Josephine Cooper Selectmen,
Town of
/s/Thomas
Spruce
April
16, 2009
The
attached Site Plan Review Ordinance was amended by a majority vote at the
annual town meeting held April 8, 2009.
________________________ S. Josephine Cooper
________________________ Richard E. Fennelly, Jr.
________________________ Kermit Theall
________________________ Gary McFarland
________________________ Cynthia Donaldson
The Lamoine Board of Selectmen
Attest: A True Copy
________________________
Stuart
Marckoon, Deputy Town Clerk