SUMMARY OF SUBSTANTIVE PROPOSED CHANGES TO THE

BUILDING AND LAND USE ORDINANCE

March 2004 Amendments to the Building and Land Use Code

      

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 11. Lot Standards and Setbacks. Footnote #4. The present ordinance calls for  minimum road frontage for a building lot to be 200 feet. The proposed change would permit lots at least 200 feet deep and with at least a 30 foot right of way leading to the structure to qualify as building lots with less than 200 feet of road frontage. Rationale: Many “spaghetti” or “bowling alley” lots exist in Lamoine – deep but with less than 200 feet of road frontage.  Under the present ordinance, structures cannot be located on these lots. Under the proposed change, structures could be built on these lots.

 

Page 13. Non-Conforming Lots.If any portion of an existing structure on a non-conforming lot is less than the required setback from the road or abutting property line, the structure may be expanded in floor area or volume by no more than 30% or value no more than 50% during the life-span of the structure. No non-conforming lot or structure may be expanded in such a way as to make it more non-conforming.        Rationale: The proposed change specifies precisely the extent to which non-conforming structures may be altered.

 

 

Page 17. Permit Application Fees. The Selectmen have approved a change in the fee structure for building in Lamoine. The new fee structure provides that :”Structures designed for human habitation shall pay a permit fee of $0.10 (10 cents) per square foot of the structure’s ground coverage (footprint).” “Structure not designed for human habitation (i.e. garages, decks) shall pay a permit fee of $0.05 (5 cents) per square foot of the structure’s ground coverage (footprint).” “No fee shall be charged for additions or accessory structures less than 100 square feet.” The rationale is to structure fees to more closely relate them to the cost of oversight by the Code Enforcement Officer.

SINGLE FAMILY DWELLINGS

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Page 21. f. The final sentence (an addition) reads: “Any secondary entrance shall not detract from the main entrance nor be located on the face of the building where the main entrance is located. A secondary entrance shall not negate the requirement for the interior connecting doorway described above.” The rationale for this addition is to maintain the integrity of the neighborhood in which an Accessory Dwelling Unit is added to an existing structure.

SUBDIVISIONS

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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. Raitonale: 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. 2. 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.

 

 

Page 33. Section 12 K. Change the wording from “In subdivisions of 12 or more lots” to “In subdivision of more than 12 lots.” The change increases by one lot, exemption from open space requirements


 

 

COMMERCIAL AND INDUSTRIAL USES

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Page 45,b.  The present section b. reads: “Such maximum sound levels will also apply to noises created by all agricultural, excavation, construction and maintenance activities between 7:00am and 8:00pm”\.” A proposed new section b. reads: “Such maximum levels will also apply to all outdoor commercial activities, including but not limited to noise created by agricultural, forestry, excavation, construction, maintenance activities and the operation of heavy equipment outside of an enclosed, sound-proofed building. The operating hours for all of these activities will be from 6:00AM to 6:00PM or sunset, whichever is later and except for emergency services. Sunday operations except for emergencies are prohibited. The rationale is to provide abutting neighbors some relief from excessive noise and to make the hours of operation consistent with those contained in the Gravel Ordinance.

 

 

Page 47, 16.  There are three proposed changes here. One increases the size of signs permitted from 6 square feet to 16 square feet. An additional sentence reads:” Placement of signs on a premise must be approved by the Lamoine Road Commissioner or the Maine Department of Transportation.” A final one adds the words: “including home occupations”. The first is designed to be more realistic about the relationship between a sign and what it is intended to do. (A 6 square foot sign for advertising is little better than no sign at all.) The second is a matter of public safety. The third is to make sign size uniform throughout the town.

       NEW SECTION (#15) – JUNKYARDS & AUTOMOBILE GRAVEYARDS

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Page 48. Section 15. Presently, Lamoine has few meaningful tools with which to “regulate” the location and operation of Junkyards and Automobile Graveyards. This new section provides the tools for providing such regulation.

DEFINITIONS

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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. 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.