SUMMARY OF SUBSTANTIVE PROPOSED CHANGES TO THE
BUILDING AND LAND USE ORDINANCE
(Note: Page references based upon revised ordinance dated May 12, 2004)
Page 10. Table of Land Uses. Line 21A. Specifically identifies Retail Business, Business and Professional Offices and permits location of them in DZ and RAZ zones with Planning Board approval.
Page 13. Non-Conforming Structure. If any portion of a structure does not meet the dimensional requirements of the Building and Land Use Ordinance, that portion of the structure shall not be expanded more than 30% in floor area or volume. Rationale: The present ordinance recognizes and defines “non-conforming” lots. This addition recognizes and defines “non-conforming” structures, making this ordinance consistent with the Shoreland Zoning Ordinance.
Page 23. C.2. The following sentence is added to this section: “For proposed developments of more than 12 units or that will abut an existing subdivision in such a way that more than 12 units in total will be created, an additional 20,000 square feet per unit over 12 units must be provided for recreational and open space uses.” Contrary to the intent of the present ordinance, one or more developers could interpret it to create any number of contiguous 12 unit subdivisions with no provisions for open space for common use. Rationale: That which is proposed here guarantees adherence to the open space for common use concept.
Page 24. Section 12 D 2. Add item 2 to Section D as follows: “Any and all proposed amendments to an already approved subdivision shall follow in full the application procedures outlined in this section.” The rationale is to prevent a developer from changing the conditions of an approved subdivision without following the same application procedures used in securing original approval, including a public hearing.
Page 28. F. g. The present ordinance states: “ width of pavements shall be two 9 foot traffic lanes and two 8 foot parking and delivery lanes” – 34 feet in all. The proposed change reads: “Width of streets shall be two (2) ten foot traffic lanes and two (2) four foot parking and delivery lanes – 28 feet in all. Rationale: The present requirements are more than either safety or aesthetics require. The proposed change is designed to address both safety and aesthetics.
COMMERCIAL AND INDUSTRIAL USES
NEW SECTION (#15) – JUNKYARDS & AUTOMOBILE GRAVEYARDS
Page 50. Definitions. Aquifer. An added definition. “A geologic formation composed of rock or sand and gravel that stores and transmits significant quantities of recoverable water, as identified by the Bureau of Geology and Natural Areas, Maine Geological Survey with the Department of Conservation.” This definition is derived from State of Maine Statutes.
Page 51. Definitions. Building Height. A new definition reads: “The vertical distance between the highest point of the structure and the average final grade around the foundation, or the average grade of the original ground adjoining the building, whichever is greater.” The rationale is to clarify how the height of a building is to be measured.
Page 56. Definitions. Groundwater: An added definition. “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.
Page 57. Definitions. Junkyard. “A yard, field or other area used to store discarded, worn-out or junked plumbing, heating supplies, household appliances, furniture, scrap or junked lumber, scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste, scrap iron, steel, other scrap ferrous or nonferrous material and garbage dumps, waste dumps and sanitary fills” This definition is derived from State of Maine statues.
Page 59. Definitions. Net Acreage. The new definition reads: “The area of a lot or lots that is usable for determining allowable densities after land not suitable for development (as defined in this ordinance) has been subtracted from the total acreage.” The rationale is to clarify that which constitutes net acreage for building.
Page 60. Definitions, Non-Conforming Structure. This new definition reads: A structure which does not meet any one or more of the following dimensional requirements: setback, height or lot coverage, but which is allowed solely because it was in lawful existence at the time this Ordinance or subsequent amendments took effect.” Rationale: This definition is identical to that contained in the Shoreland Zoning Ordinance, thereby making the two ordinances compatible.
Page 60. Definitions. Nuisance: New definition. “Any property or use existing in violation of a municipal land use ordinance or regulation.” This definition is derived form Maine State statues.