Note: Performance Standards apply to activities which do not
require Site Plan, Subdivision, or Planning Board approval.
A.
Applicability. The general provisions of this section apply to all
land uses, including storage of hazardous materials, new construction,
structural alteration, and substantial change in use, occurring in
the City. Additional standards and requirements apply in areas delineated
as Public Water Supply Protection Districts.
B.
Delineation of the Public Water Supply Protection Districts.
(1)
Public Water Supply Protection Districts shall be delineated
on copies of the Assessor's maps and shall be titled "Public Water
Supply Protection Districts Map: City of Sanford." This map shall
be deemed an integral part of this chapter and shall be maintained
on file in the Code Enforcement Office.
(2)
The Public Water Supply Protection Districts shall operate as
overlay districts. If there is any conflict between the provisions
of the Public Water Supply Protection Districts and other sections
of this chapter, the more restrictive provision shall apply.
(3)
The Public Water Supply Protection Districts are comprised of
areas in and around Water District well fields and in the Branch Brook
Aquifer where aquifer recharge occurs. Regulatory standards apply
to the following districts:
(a)
District 1, as delineated on the Official Public Water Supply
Protection Districts Map, consists of the New Dam Well, the Eagle
Drive 1 Well, the Eagle Drive 2 Well, and the Branch Brook Aquifer.
(b)
District 2, as delineated on the Official Public Water Supply
Protection Districts Map, consists of the Old Mill Road Well, the
Route 109 at Sam Allen Road Well, Bernier Road Well, and the Country
Club No. 2 Well.
(c)
District 3, as delineated on the Official Public Water Supply
Protection Districts Map, consists of the Cobb 1 Well, the Cobb 2
Well, and the Main Well Field.
(4)
Each area is further defined by two (2) distinct zones delineated
by the hydraulic travel time to a wellhead. These zones designate
different levels of wellhead protection:
(a)
Zone A, as delineated on the Official Public Water Supply Protection
Districts Map, consists of the area in which it would take a leachable
material introduced into the groundwater two-hundred (200) days or
less to reach a public water supply. The travel time boundary of this
zone is based on the length of time viruses present in the wastewater
can survive in the soil. Zone A is therefore an area regulated for
sanitary purposes.
(b)
Zone B, as delineated on the Official Public Water Supply Protection
Districts Map, consists of the areas from which it would take a leachable
material two-hundred (200) to two-thousand-five-hundred (2,500) days
of travel time to reach a public water supply. This zone is regulated
to reduce the risk of contamination of the groundwater supply from
land use activities that pose a major threat.
(c)
Hydraulic travel times are the most commonly used instruments
for defining an area of groundwater protection. Zones A and B have
been mapped accordingly around existing and proposed public water
supply well fields and aquifers to protect the health and safety of
the public as well as maintain the integrity of the groundwater resource.
(5)
If any portion of a lot is located in Zone A and/or B, all of
the land located in Zone A shall be governed by the regulations for
Zone A, and all of the land located in Zone B shall be governed by
the regulations for Zone B.
[Amended 9-20-2022 by Order No. 22-440-01]
C.
General performance standards. All use of land, buildings, and structures
in the City shall comply with the following standards:
(1)
Sites at which hazardous materials are stored, used or generated
shall be designed to prevent spills and discharges to the surface
of the ground, groundwater, lakes, streams, rivers or wetlands.
(2)
Areas and facilities for loading and unloading hazardous materials
and polluting materials shall be designed and constructed to prevent
discharge or runoff to groundwater.
(3)
Facilities shall be designed so that all stored, spilled or
leaked hazardous materials are contained on site.
(4)
Secondary containment for aboveground areas where hazardous
materials are stored or used shall be provided.
(5)
Existing and new storage tanks shall meet all state and federal
requirements.
(6)
Outdoor storage of hazardous materials shall use product-tight
containers which are protected from weather, leakage, accidental damage,
and vandalism.
(7)
Discharge of fluids from any motor vehicle shall not be permitted
into or onto the ground.
(8)
General purpose floor drains shall be approved by the Local
Plumbing Inspector prior to installation. The Local Plumbing Inspector
may consult with the Water District and/or Sewerage District prior
to approving floor drains.
D.
Additional performance standards in Public Water Supply Protection Districts. All uses of land, buildings, and structures in a designated Public Water Supply Protection District shall comply with the following standards in addition to those set forth in § 280-15-1C:
(1)
The volume and quality of groundwater recharge shall be maintained
at predevelopment levels.
(2)
Stormwater management and containment facilities shall not increase
the level of contaminants entering the groundwater.
(3)
In areas which are not served by public sewer, no more than
one (1) dwelling unit may be connected to a subsurface waste disposal
system.
E.
Prohibited uses.
(1)
The following uses shall be prohibited within Zones A and B
of Public Water Supply Protection Districts 1, 2 and 3:
(a)
The disposal of solid waste, sludge, and ash.
(b)
The discharge of commercial or industrial wastewater or wash
water to an on-site sewage disposal system.
(c)
Sand and gravel excavation within five (5) feet of the seasonal
high-water table.
(d)
The land application of sludge and the spray application of
industrial wastewater or sewage.
(2)
The following uses shall be prohibited within Zones A and B
of District 2:
(a)
The commercial use, storage, or manufacture of hazardous materials
or wastes.
(b)
The commercial use, storage, or manufacture of petroleum products.
(c)
The bulk storage of leachable materials, including concrete,
asphalt, tar, coal, and salt.
(d)
The commercial storage and application of pesticides.
(3)
The following uses shall be prohibited within Zone A of Districts
1, 2 and 3:
(a)
On-site sewage disposal systems for any new use. Replacement
septic systems for existing uses are permitted subject to review by
the Water District. Notwithstanding this provision, the Local Plumbing
Inspector may issue a permit for a septic system for a new single-family
residential use if all of the following conditions are met:
[1]
The lot existed at the time of adoption of this
provision;
[2]
The lot is located entirely within Zone A;
[3]
There is no reasonable alternative for sewage disposal;
[4]
The Water District has reviewed the proposed location
of the system; and
[5]
The location of the system maximizes the protection
of the public water supply.
(b)
Manure spreading between November 1 and April 1 and at any other
time when the ground is frozen.
F.
Water supply protection permit required. Any use of the land, construction or alteration of a building or structure, change in the occupancy of a building, or modification of existing industrial processing or storage facilities which increases the volume or changes the type of hazardous materials present on a site shall be permitted within the Public Water Supply Protection Districts only after the issuance of a water supply protection permit in accordance with § 280-15-1G.
G.
Water supply protection permit procedures. The Code Enforcement Officer is authorized to review applications for and issue water supply protection permits for any activities covered by this section that do not trigger site plan review under this chapter. Prior to issuing a permit, the Code Enforcement Officer shall notify the abutters of the property and their right to review and provide written comments on the application. The Code Enforcement Officer shall not issue the permit until at least five (5) business days after the mailing of notices to the abutters. For activities requiring a water supply protection permit and/or site plan review, the water supply protection permit shall be considered as part of the site plan review process described in Article XVI.
J.
Notification requirement. Within sixty (60) days of the adoption
of this section, the Planning Director shall notify the owners of
all lots within a Public Water Supply Protection District of the adoption
of these provisions and the importance of compliance with the requirements
and shall provide them with a copy of the performance standards and
other requirements.
[Amended 9-20-2022 by Order No. 22-440-01]
In addition to the other requirements of this chapter, any use
of land or development activity within the Mousam River watershed
or the Great Works River watershed that is subject to site plan review
shall conform to the following standards:
A.
The area of the site stripped of existing vegetation at any given
time shall be minimized. Stripping of the site shall be phased where
practical so that areas are revegetated and permanently stabilized
before additional areas are stripped of existing vegetation.
B.
Not more than thirty-five percent (35%) of the total vegetated area
of a lot may be covered by impervious surfaces, including buildings,
structures, and paved or gravel surfaces, unless the owner of the
lot demonstrates that such development will be carried out in accordance
with the Best Management Practices as set forth in "Stormwater Management
for Maine: Best Management Practices," published by the Maine Department
of Environmental Protection, as may be amended from time to time.
[Amended 9-20-2022 by Order No. 22-440-01]
C.
Any area of disturbed ground resulting from construction or similar
activities shall be either temporarily or permanently stabilized by
use of riprap, seed, mulch, or other ground cover within one (1) week
from the time it was actively worked.
D.
Vegetated buffer strips at least twenty-five (25) feet wide shall
be maintained adjacent to waterways, drainage ditches, and swales.
Waterways, ditches, and swales shall be revegetated prior to September
15.
E.
Stormwater collection systems shall be designed to use overland flow
into vegetated buffer strips whenever possible. When enclosed storm
drainage systems are used, provisions for managing nutrient export
shall be incorporated consistent with Best Management Practices.
F.
Silt fencing and hay bale barriers in accordance with the York County
Soil and Water Conservation District's erosion and sedimentation control
standards shall be used during all phases of construction.
G.
The Planning Board may require that projects classified as major
developments under this chapter conduct an analysis of nutrient export
levels and incorporate nutrient loading control devices such as sedimentation/retention
ponds, infiltration systems, wet ponds, swales, or flow strips if
necessary to reduce the level of nutrient export to acceptable levels.
This analysis shall be carried out in accordance with "Phosphorous
Control in Lake Watersheds: A Technical Guide for Evaluating New Developments,"
published by the Maine Department of Environmental Protection, as
may be amended from time to time. If the phosphorous method requires
removal of more than seventy-five percent (75%) of the increase in
phosphorous load to meet the phosphorous export limit, the Planning
Board may increase the limit to a level obtainable through on-site
use of Best Management Practices as identified in the Stormwater Best
Management Practices Manual.
All uses involving the manufacturing or processing of materials
or products shall conform to the following standards:
A.
Storage of derelict vehicles or equipment. No derelict vehicles or
equipment shall be stored on the site unless they are enclosed within
a secure area and screened from view from public streets and adjacent
properties.
B.
Vibration. Equipment and other activities shall not produce vibration
measured at the lot line which is perceptible without instruments.
In no case shall vibration at the lot line exceed three-one-thousandths
(0.003) of one (1) inch.
C.
Odors and air quality. No offensive, harmful, or noxious odors shall
be emitted that create a public nuisance or hazard beyond the lot
line of the lot, an adjoining unit, building, or property, documented
by multiple complaints. All facilities shall have a properly designed
and maintained ventilation and air filtration system which takes into
consideration the square footage and number of elements in the industrial
process. Smoke, debris, dust, fluids, and other substances shall be
managed in compliance with Maine Department of Environmental Protection
Regulations Chapter 110 Ambient Air Quality Standards. Filters shall
be checked every six (6) months and shall be replaced as needed or
based on the manufacturer's recommended schedule, whichever is more
recent.
[Amended 9-20-2022 by Order No. 22-440-01]
D.
Electromagnetic interference. No electromagnetic interference shall
be permitted that does not conform to state and federal standards.
E.
Lights. No lights used in the industrial process or on the site of the industrial process shall produce pollution, glare, or brightness that would create a public nuisance or hazard. All lights shall be shielded and oriented such that they shall not extend beyond the property lines. All power sources, electrical fixtures, and electrical conveyances shall be installed, connected, and maintained in conformance with the City's building, electrical, fire, and other health, safety and technical codes, including but not limited to Chapters 90: Building and Building Regulation and 128: Fire Prevention.
F.
Noise. Noise from an exhaust fan or other aspects of the operation shall not exceed the maximum permissible noise level established by the City in Chapter 178: Noise.
G.
Carbon dioxide and/or other gases. If carbon dioxide and/or other
gases are used in the industrial process, carbon dioxide alarms and/or
alarms for other gases shall be provided and maintained in good operating
condition.
H.
Security. The facility shall be secured so as to render it inaccessible
to any unauthorized persons during all hours. Security measures shall
be reviewed and approved to manage nuisance activity, unauthorized
entry into a facility, and/or thefts. The Planning Board may require
that a Knox-Box® of an approved type
listed in accordance with UL 1037 shall be installed in an accessible
location to provide access in the event of an emergency.
A.
Purpose. The purpose of these provisions is to allow for contemporary
concepts of housing development where variations of design may be
allowed. The Planning Board may approve residential cluster developments
as an alternative to conventional subdivisions. The Planning Board
may approve subdivisions as residential cluster developments in which
the size of individual lots is less than that normally required by
this chapter, provided that a sufficient area of the total lot being
developed is reserved as permanent open space.
[Amended 9-20-2022 by Order No. 22-440-01]
B.
Basic requirements for cluster developments.
(1)
Cluster development shall meet all requirements for subdivision
approval and shall be in conformance with a site plan for its overall
development.
(2)
Each lot or building shall be an element of an overall plan
for site development. When the development consists of the creation
of lots, the plan shall establish a building envelope for each lot
that identifies the area within which the buildings will be located.
When the development involves the construction of buildings on a single
lot, the plan shall show the location of each building.
[Amended 9-20-2022 by Order No. 22-440-01]
(3)
The total residential density may be no greater in a cluster
development than is normally permitted in the zone in which the development
is proposed.
(4)
Residential cluster developments in accordance with this section
are allowed in all residential zones.
(5)
Only those residential uses allowed in a zone are allowed in
a residential cluster development. In addition, in the Rural Residential
and Rural Mixed Use Zones newer mobile homes, as defined in this chapter,
may be allowed on a slab-type foundation provided that the individual
mobile home sites or lots are rented and not sold.
(6)
A cluster development may have no fewer than five (5) dwelling
units.
C.
Dimensional requirements.
(1)
Individual lot sizes may be less than that required in the zone
in which the cluster development is located, provided that the amount
of land by which the lot is reduced is reserved as open space. Within
the Rural Residential and Rural Mixed Use Zones, individual lots may
be as small as twenty-thousand (20,000) square feet, provided that
the soils are adequate to support a lot of that size. In other zones,
the area of individual lots may be reduced by up to fifty percent
(50%).
(2)
Other lot dimensional requirements may be reduced as follows:
D.
Open space.
(1)
At least forty percent (40%) of the total area of the cluster
development must be in open space, and not more than twenty percent
(20%) of the required open space area may be wetland and/or slopes
greater than fifteen percent (15%).
(2)
The open space shall be dedicated to the recreational amenity
and environmental enhancement of the development, shall protect natural
resources, and shall be recorded as such. For the purpose of these
provisions, open space means an area that is:
(a)
Not encumbered in any way by a principal structure;
(b)
Not devoted to use as a roadway, road right-of-way, parking
lot, or sidewalk;
(c)
Left in its natural or undisturbed state, if wooded, except
for cutting of trails for walking or jogging, or, if not wooded at
the time of development, is landscaped for ball fields, play fields,
picnic areas, or similar activities;
(d)
Capable of being used and enjoyed for the purpose of informal
and unstructured recreation and relaxation; and
(e)
Legally and practicably accessible to all residents of lots
in the cluster development out of which the open space is taken.
(3)
The common open space shall be controlled by one (1) or more
of the following methods:
(a)
Common ownership by the owners of units within the project;
(b)
Common ownership by the owners of the units within the project
with a conservation easement granted to the City, subject to acceptance
by the City Council or recognized conservation organization;
(c)
Dedication to the City as public open space subject to acceptance
by the City Council;
(d)
Transfer, with permanent restrictions, to a land trust or other
recognized conservation organization; and/or
(e)
Ownership by a private party for agricultural or other natural
resource use, provided that permanent restrictions are in place to
provide for its continued use for this purpose.
(4)
Any subdivision proposed under this section shall specify the
ownership, use, management, and person responsible for maintenance
of all common areas and facilities. The Planning Board shall approve
the arrangements for the ownership, control, and maintenance of the
common open space as part of the approval of a final subdivision plan.
No changes in the use or management of the common open space shall
be made without Planning Board approval.
(5)
Any common open space or facility not retained by a private
owner shall be maintained by a homeowners' association unless and
until it is transferred in its entirety to the City or a recognized
conservation organization, and until the transfer actually is completed.
The formation and incorporation by the developer of a homeowners'
association shall be accomplished prior to final subdivision approval.
Covenants for mandatory membership in the association shall be approved
by the Planning Board and included in the deed for each lot or unit.
The association's documents shall specify that:
(a)
The association shall have the responsibility of maintaining
the common open space and other private facilities dedicated to the
use in common by the development's residents.
(b)
The association shall levy annual charges against all property
owners to defray the expenses, if any, connected with maintenance
of the common open spaces and facilities.
(c)
The developer shall maintain control of common open spaces and
facilities and be responsible for their maintenance until at least
fifty-one percent (51%) of the development's lots or units have been
completed and sold, with evidence of such completion and sales submitted
to and approved by the Planning Board.
E.
Design standards. In addition to other standards of this chapter and of Chapter 275: Subdivision of Land, the following design standards shall apply to cluster developments:
(1)
Priorities for layout of lots and open space. The Planning Board
shall find that individual building lots/sites are laid out and open
space preserved to achieve the following objectives, as applicable.
Where the Planning Board finds that objectives conflict, the objectives
shall be achieved in the order listed:
(a)
Where on-site wastewater disposal is to be used, it will be
located on suitable soils for subsurface wastewater disposal;
(b)
The layout preserves, as part of the required open space, environmentally
sensitive areas, such as wetlands, steep slopes, floodplains, wildlife
habitat rated by the Maine Department of Inland Fisheries and Wildlife
as high value, and unique natural features;
(c)
The design maximizes, as part of the required open space, the
amount of contiguous, usable area for agriculture or woodlot production;
(d)
The layout preserves cultural features of the rural landscape,
such as stone walls, tree lines, and important or unique structures;
(e)
The layout maximizes, as part of the required open space, the
amount of undisturbed, contiguous wildlife habitat, including habitat
that may not be rated as high by the Maine Department of Inland Fisheries
and Wildlife;
(f)
Where the development abuts a body of water, the design includes,
as part of the required open space, a minimum of twenty-five percent
(25%) of the shoreline;
(g)
The layout encourages buildings to be located within woodlands
or along the edges of open fields adjacent to woodlands;
(h)
The layout provides for buildings in locations least likely
to block or interrupt scenic vistas, as seen from the public roadway;
(i)
The design maximizes open space that is usable for outdoor recreation;
(j)
Each house lot has direct access to the open space, which means
that the owner of one (1) house lot does not have to cross another's
house lot to reach the open space;
(k)
The layout minimizes the length of roadways, public utility
lines, and other infrastructure within the proposed development;
(l)
The design provides planting, landscaping, fencing, and screening
to buffer the development from, and integrate it with, the character
of any surrounding development.
(2)
Vehicular access, street layout and construction.
(a)
All vehicular access to buildings and lots shall be from a street
within the development and not from an existing public road.
(b)
All streets, roads, access drives, and parking areas 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, delivery and collection
services, and potential connections to abutting land.
(3)
Buffering. A cluster development shall be buffered from a street
or road, other than the street or road serving individual lots in
the development, or from any abutting single-family dwelling lot,
by a distance equal to two (2) times the normal minimum setbacks required
for the zone. This buffer shall be established and maintained with
a screen to provide an effective visual barrier from the ground to
a height of at least ten (10) feet. This screen may be composed of
a landscaped earth berm, planted evergreen bushes and trees, or existing
evergreen bushes and trees, or a combination of such features.
(4)
Utilities. Utilities shall be installed underground wherever
possible. Transformer boxes, pumping stations, and meters shall be
located so as not to be unsightly or hazardous to the public.
A.
Modular homes. Modular homes shall be allowed in any zone in which
a residential structure is allowed and subject to the requirements
of that zone.
B.
Newer mobile homes. Newer mobile homes shall be treated as single-family
homes allowable in the Rural Residential, Rural Mixed Use, and Residential
Development Zones but may not be located on a lot of land which fronts
on Route 109, 202, 99, 11A, 224 or 4.
[Amended 9-20-2022 by Order No. 22-440-01]
C.
Nonconforming homes. All other mobile homes and trailers, and modular homes which fail to meet the definition of modular home as defined in this chapter, which were lawfully located in the City as a residential unit prior to November 20, 1984, and all other mobile homes which are lawfully located within the City subsequent to that date pursuant to § 280-15-5D, shall be considered nonconforming structures and may continue and may be maintained, repaired, improved, enlarged, or replaced with a like home the same size or larger. Such a nonconforming structure may be moved to another lot in the Rural Residential, Rural Mixed Use, or Residential Development Zones but may not be relocated to a lot of land which fronts on Route 109, 202, 99, 11A, 224 or 4.
[Amended 9-20-2022 by Order No. 22-440-01]
D.
Additional older homes prohibited. No person, firm, corporation,
or other legal entity may locate a factory-built home that is included
within the term all other mobile homes as defined in this chapter
on a lot of land in the City if such factory-built home was not lawfully
located in the City as a residential unit prior to November 20, 1984;
provided, however, that:
[Amended 5-7-2019 by Order
No. 19-258-01; 9-20-2022 by Order No. 22-440-01]
(1)
Any manufactured home or factory-built home that is included within the term all other mobile homes, regardless of its date of manufacture, that is legally sited within the City as of August 4, 1988, may be relocated to another lot of land within the City where newer mobile homes are allowed under § 280-15-5B so long as it complies with all design criteria applicable to newer mobile homes, including but not limited to a pitched, shingled roof, exterior siding which is residential in appearance and located on a permanent foundation; provided, however, that the Board of Appeals may, upon written request by the owner of said home, grant a waiver from said design standards upon the owner's showing of economic circumstances that would cause compliance with said design standards to have the practical effect of preventing said home's relocation within the City; and
(2)
No manufactured home shall be prohibited solely on the basis
of its date of manufacture or failure to comply with the National
Manufactured Housing Construction and Safety Standards Act of 1974.
E.
Homes in mobile home parks. A mobile home being located on a lot
approved prior to the effective date of this amendment in an existing
mobile home park licensed by the Maine Department of Business Regulation
shall not be required to be located on a permanent foundation.
F.
Mobile home parks.
(1)
Mobile home parks shall be allowed in the Rural Mixed Use Zone.
The use and dimensional requirements of the Rural Mixed Use Zone shall
govern, except to the extent otherwise provided by this subsection
or state law.
(2)
Existing mobile home parks not located within the Rural Mixed
Use Zone shall be allowed to expand on contiguous property to one-hundred-thirty
percent (130%) of the number of lots which existed in said mobile
home park on September 7, 1989, subject to all of the provisions set
forth in this section.
(3)
Lots in mobile home parks shall comply with the following:
(a)
The minimum lot width for any mobile home park lot shall be
fifty (50) feet.
(b)
A mobile home shall not be located less than ten (10) feet from
any boundary lines of an individual lot.
(c)
Any mobile home park lot which is located wholly or partly within
a shoreland district shall meet the minimum lot area and shore frontage
requirements of that district.
(4)
No mobile home park lot shall be located with road frontage
on any existing public way. Frontage and access to individual mobile
home park lots shall be solely from interior roadways constructed
within the mobile home park.
(5)
Privately owned roads within a mobile home park shall:
(a)
Be built according to acceptable engineering standards and with
a professional engineer's seal as required by the Manufactured Housing
Board;
(b)
Have a minimum right-of-way width of twenty-three (23) feet;
(c)
Have a minimum paved width of twenty (20) feet; and
(d)
Conform to reasonable safety standards applicable to intersections
with public ways adjacent to the mobile home park.
(6)
Any person proposing to develop or expand a mobile home park
shall prove to the Code Enforcement Officer and the Planning Board
that the development will not pollute a public water supply or an
aquifer or violate any provision of state law relating to land development,
subdivision or use.
(7)
Requirement for buffer strips.
(a)
None of the provisions of this subsection shall apply unless
the per-acre density of the mobile home park is at least two (2) times
greater than the density of residential development on immediately
adjacent lots of land.
[Amended 9-20-2022 by Order No. 22-440-01]
(b)
In addition to the setback requirements set forth in § 280-15-5F(3)(b), a buffer strip of at least forty (40) feet in width shall be required along the boundary of any mobile home park where the abutting property is zoned for residential use.
(c)
Within the first twenty-five (25) feet of the buffer strip,
as measured from the exterior boundaries of the mobile home park,
the buffer shall be established and maintained with a screen to provide
an effective visual barrier from the ground to a height of at least
ten (10) feet. This screen shall be composed of a landscaped earth
berm, planted evergreen bushes and trees, or existing evergreen bushes
and trees, or a combination of such features.
(d)
No structures, streets, or utilities may be placed in the buffer
strip, except that utilities may cross a buffer strip to provide services
to the mobile home park.
(8)
No individual lot within a mobile home park may be separately
conveyed unless it meets all of the dimensional requirements of the
zoning district, including sufficient frontage on an accepted public
way.
(9)
Only newer mobile homes, as defined in this chapter, shall be
permitted in mobile home parks.
(10)
This section shall be effective as of January 1, 1990.
A.
General. The following provisions shall apply to filling, grading,
lagooning, dredging, excavation, processing and storage of soil, earth,
loam, sand, gravel, rock and other mineral deposits. Filling, grading,
lagooning, dredging, and other earthmoving activity which would result
in erosion, sedimentation, or impairment of water quality or fish
and aquatic life is prohibited.
B.
Mineral extraction not requiring site plan review.
(1)
The following mineral extraction activities shall be allowed
without site plan approval:
(a)
The removal or filling of material incidental to construction,
alteration or repair of a building or in the grading and landscaping
incidental thereto; and
(b)
The removal, filling, or transfer of material incidental to
construction, alteration or repair of a public or private way or essential
services.
C.
Standards. An application for site plan approval for mineral extraction
shall be approved if the following standards are met:
(1)
Excavations below the high-water table shall not be permitted
unless a suitable plan for such is approved.
(2)
Diversions, silting basins, terraces and other methods to trap
sediment shall be used.
(3)
Lagooning shall be conducted in such a manner as to avoid creation
of fish trap conditions.
(4)
The extent and type of fill shall be appropriate to the use
intended. The applicant shall specify the type and amount of fill
to be used.
(5)
Fill shall not restrict a floodway, channel or natural drainageway.
(6)
The sides of cuts, fill, channels, or artificial watercourses
shall be constructed and stabilized to prevent slumping and erosion.
(7)
No below-grade excavation, except for drainageways, shall be
allowed within one-hundred (100) feet of any public road.
(8)
No below-grade excavation, except for drainageways, shall be
allowed within fifty (50) feet of any lot line, except that excavations
within five (5) feet of a property line may be permitted on condition
that a written report from a licensed soil scientist is provided to
the Planning Board stating the suitability of the soils to hold a
slope of two (2) to one (1).
(9)
The sides of cuts, fill or channels along public roads or lot
lines shall not exceed a slope of two (2) feet horizontal for every
one (1) foot vertical.
(10)
Adjacent lot lines of one (1) or more owners shall be exempt from §§ 280-15-6C(8) and 280-15-6C(9) if they agree in writing.
(11)
Permanent ground cover shall be required within one-hundred
(100) feet of all property lines, including all boundary slopes. Said
ground cover shall comply with soil and conservation standards and
recommendations.
(12)
Upon expiration of any permit or termination of operations,
the applicant agrees to implement a suitable plan for reclamation
of said site as approved at the time of approval.
D.
Optional conditions of approval. The Planning Board may impose other
reasonable conditions to safeguard the neighborhood and the municipality
which may include those relating to:
(1)
Methods of removal or processing;
(2)
Hours of operation;
(3)
Type and location of temporary structures;
(4)
Routes for transporting material;
(5)
Area and depth of excavations;
(6)
Provision of temporary or permanent drainage;
(7)
Disposition of brush and slash; and
(8)
Cleaning, repair and/or resurfacing of streets used in removal
activity which have been adversely affected by said activity.
E.
Surety and terms of approval. No approval shall be granted without
a bond or other security to insure compliance with such conditions
as the Planning Board may impose. No approval shall be issued for
a period to exceed five (5) years, although such approval may be renewed
for additional periods in the same manner.
F.
Existing operations. Any commercial operation involving the excavation,
processing or storage of soil, earth, loam, sand, gravel, rock or
other mineral deposits in lawful operation at the time this chapter
becomes effective may operate for a period of two (2) years from the
effective date, July 1, 1977. Discontinuance of any existing operation
for a period of more than one (1) year shall require application for
a new approval. Continuation of any existing operation beyond July
1, 1979, shall require site plan approval from the Planning Board.
A.
Archaeological resources. The following provisions are intended to
prevent the disturbance of sites with identified archaeological significance
until their importance is documented.
(1)
No municipal approval shall be issued within any identified
archaeological resource potential areas until the Maine Historic Preservation
Commission (MHPC) has been notified of the nature of the proposed
activity in writing by the owner of the property, a copy of the notice
provided to the Code Enforcement Officer, and the MHPC provided with
the opportunity to conduct a reconnaissance level archaeological survey.
The survey requirement will be deemed satisfied if the MHPC has not
carried out a survey or responded to the owner in writing within six
(6) months.
(2)
The archaeological resource potential areas as identified in
the Comprehensive Plan are limited to abandoned mill sites along the
Mousam River.
B.
Historic resources. The following provisions are intended to preserve
the architectural character of historic buildings in designated areas
of the City.
(1)
Designated areas. The provisions of this subsection shall apply
only within the following areas:
(a)
The triangle, which is the area from Central Park down Main
Street to the Goodall Library along Elm Street, up School Street to
its intersection with Washington Street. This area is located in the
City center and is generally residential in nature. It includes the
Goodall Mansion, one (1) of the City's most significant historic structures,
in addition to several other older residences.
(b)
The area starting at the City Hall and continuing along the
westerly side of Main Street to the Lebanon Street/Main Street intersection
and down both sides of Lebanon Street to the Edison School. The district
contains a variety of commercial and residential buildings constructed
from 1880, including but not limited to Shaw's Hardware Store and
Congregational Church, through the early 1900s.
(c)
The area on Main Street in Springvale from the demolished railroad
overpass up to the Nichols House on the east side of the street and
all of the structures on the west side of the street, ending at the
Tripp House across from Holdsworth Park. This area contains numerous
older residences.
C.
Modification of existing historic buildings. The owner of an historic
building within the designated areas is encouraged to carry out any
modifications in a manner that preserves the architectural and historic
character of the structure. The owner is also encouraged to consult
with the Historical Committee or Planning Department about the building
and proposed modifications.
Any business that meets the definition of an adult business
establishment regardless of its use category shall conform to the
following additional requirements:
A.
Location.
(1)
An adult business establishment shall not be sited within one-thousand
(1,000) feet of the lot lines of any of the following:
(2)
The distance cited in this subsection shall be measured in a
straight line between the lot line of the proposed site for the adult
business establishment and the lot line of the site of the use listed
in this subsection at their closest points.
B.
Prohibited activities.
(1)
Dancers, performers, employees, owners or officers of an adult
business establishment shall not fondle or caress any patron or client,
and patrons and clients shall not fondle or caress dancers, performers,
employees, owners or officers of the adult business establishment;
(2)
Patrons or clients shall not directly pay or give any gratuity
or object of value to any dancer, performer, employee, owner or officer
of the adult business establishment, and dancers, performers, employees,
owners or officers shall not solicit any pay, gratuity or object of
value from any patron or client; and
(3)
Dancers, performers, employees, owners or officers of an adult
business establishment shall not:
(a)
Perform, offer to perform or agree to perform sexual intercourse
with each other or any patron or client; or
(b)
Commit, offer to commit or agree to commit any sexual act with
each other or any patron or client; or
(c)
Make, offer to make or agree to make sexual contact with each
other or any patron or client.
C.
Nudity restricted. Dancers, performers, employees, owners or officers
of an adult business establishment shall not expose their genitals
to clients, whether or not there is any compensation for this activity.
The location and installation of new transmitter towers and
alternative communication towers, including the replacement of existing
towers, shall conform to the following standards:
A.
Design and color. The Planning Board, at its discretion, may require
that a proposed tower be camouflaged or designed to blend with its
surroundings, except where dictated by federal or state requirements.
This may include, but is not limited to, having a galvanized finish,
being painted gray or in a sky tone above the top of surrounding trees
and earth tone below treetop level, or being designed to resemble
a tree species similar to those in the area.
B.
Landscaped buffer for transmitter tower sites.
(1)
Unless existing vegetation provides a buffer strip at least
the width of the minimum setback for the zoning district, all property
lines along roadways or visible to existing abutting or nearby buildings
shall be landscaped as follows:
(a)
Six (6) to eight (8)-foot-high evergreen shrubs shall be planted
in an alternating pattern, averaging five (5) feet on center, within
fifteen (15) feet of the property boundary.
(b)
At least one (1) row of deciduous trees, not less than two-and
one-half (2 1/2) to three (3) inches caliper diameter at breast
height (DBH) and spaced an average of twenty (20) feet apart and within
twenty-five (25) feet of the property boundary.
(2)
In lieu of the foregoing planting requirements, the Planning
Board may determine that the existing vegetation may be supplemented
to achieve an equivalent means of minimizing the visual impact.
C.
Requirements of other entities. Proposals for towers submitted after
the effective date of this amendment shall meet all applicable requirements
of federal and state regulations before local approval is given. The
Planning Board may waive this requirement if the applicant demonstrates
that application has been made for any relevant federal and state
approvals or, if no approvals are required, that the project conforms
to all federal and state standards or that there are no such standards
that apply. If the Planning Board approves an application prior to
the applicant receiving all federal and/or state approvals, the Planning
Board shall condition its approval on the receipt of those other approvals.
D.
Structural requirements.
(1)
Towers shall be designed and installed in accordance with the
standards of the Electronic Industries Association Structural Standards
for Steel Antenna Towers and Antenna Supporting Structures.
(2)
The applicant's engineer shall provide documentation showing
that the proposed tower meets or exceeds the current standards of
the American National Standards Institute, ANSI/EIA/TIA-222- "E,"
for York County relative to wind and one-half (1/2)-inch ice loads.
(3)
For towers placed on buildings or other structures, the applicant
shall also provide written certification that the building itself
is structurally capable of safely supporting the tower and its accompanying
equipment.
E.
Abandonment.
(1)
It shall be the responsibility of the owner of a tower to notify
the Code Enforcement Officer of the date of abandonment or cessation
of use of the tower within one (1) month from the date of such abandonment
or cessation. If the owner shall fail to give the notice required
by this subsection, the Code Enforcement Officer shall make a determination
of such date, which determination shall be conclusive as to such date.
(2)
In the case of an abandoned tower, it shall be removed by the
owner of the tower within one (1) year of its abandonment or cessation
of use. Abandoned structures associated with abandoned towers shall
also be removed. If the owner of the abandoned tower fails to remove
the tower, the owner of the property on which the tower is located
shall be responsible for its removal.
F.
Collocation.
(1)
Tower applicants shall send written notice by prepaid first
class United States mail to all other telecommunication tower owners
and licensed telecommunication providers in the proposed coverage
area stating their siting needs and/or collocation capabilities in
an effort to encourage tower collocation. An application for a new
tower shall provide evidence that existing or previously approved
towers cannot accommodate the telecommunications equipment, including
but not limited to antennas and cables, planned for the proposed tower.
Such evidence would be:
(a)
Planned equipment would exceed the structural capacity of existing
and approved towers, considering the existing and planned use of those
towers, and existing and approved towers cannot be reinforced to accommodate
planned or equivalent equipment at a reasonable cost, as defined below;
(b)
Planned equipment will cause radio wave frequency interference
with other existing or planned equipment for that tower, and the interference
cannot be prevented at a reasonable cost, as defined below;
(c)
Existing or approved towers do not have space on which planned
equipment can be placed so it can function effectively and at least
in parity with other similar equipment in place or approved; or
(d)
Other reasons that make it impracticable to place the equipment
planned by the applicant on existing and approved towers.
(2)
Shared use shall be conditioned on the applicant's agreement
to pay a reasonable fee and costs of adapting existing facilities
to the proposed use.
(a)
Such costs shall be pertinent to the southern Maine market area.
(b)
These may include but not be limited to reasonable costs for
reinforcing the tower or structure, for preventing radio wave frequency
interference, and other changes reasonably required to accommodate
shared use.
(c)
The fee and costs for shared use are unreasonable, among other
reasons, if they exceed the cost of the proposed tower.
(3)
If the Planning Board determines that telecommunications equipment
proposed by the applicant cannot be accommodated on an existing or
approved tower, each tower so found is presumed unable to accommodate
similar equipment that may be proposed in the future.
(4)
A proposal to construct a new tower taller than one-hundred
(100) feet shall include evidence that it can structurally support
a minimum of three (3) antenna arrays.
(5)
The Planning Board may require evidence of structural support
to accommodate additional arrays for non-monopole towers.
G.
Interest of telecommunication entity. A proposal to construct a tower
shall include evidence that a telecommunication or other entity proposes
to locate on or use the tower.
H.
Lighting. A tower shall be lighted only if it is required by a federal
or state agency or if the Planning Board finds that lighting of the
tower is needed due to its location with respect to the Airport, its
height or other safety considerations with respect to airport operations.
I.
Security. The base of the tower shall be made nonaccessible to unauthorized
persons by the installation of a fence designed to deter such access.
J.
Nonconformance. Towers existing before the effective date of this
chapter which do not comply with these performance standards or with
the use or dimensional requirements of the zoning district in which
they are located may continue to be used. The addition, removal, or
relocation of telecommunication antennas on such towers shall not
constitute the expansion or enlargement of the nonconforming use and
does not require review by the Planning Board, provided the total
height of the tower, including attached devices, is not increased.
K.
Inspection.
(1)
Inspection of communication towers by a licensed structural
engineer shall be required to ensure structural integrity. Such inspections
shall be required as follows:
(2)
The inspection report shall be provided to the Public Works
Director and Code Enforcement Officer within thirty (30) days of its
receipt by the tower owner. Based upon results of the inspection,
the City may require the repair or removal of the communication tower.
[Amended 12-20-2016 by Order No. 16-158.07; 2-20-2018 by Order No. 17-188-01; 2-20-218 by Order No. 18-115-01; 4-3-2018 by Order No. 18-193-01; 5-15-2018 by Order No. 18-244-01; 3-5-2019, confirmed 7-9-2019 by Order No. 18-553-01]
All uses involving the cultivation, processing, storage, manufacturing,
and/or distribution of marijuana and outdoor cultivation of hemp shall
conform to the following standards:
A.
Home cultivation standards.
(1)
Single family detached dwellings. Marijuana, may be grown or cultivated inside and/or outside of the any single family detached, home, outbuilding, and/or garage if cultivation is conducted in conformance with § 280-15-10B.
(2)
Other residential dwellings. In other residential dwellings marijuana may be grown, cultivated, processed, and/or stored inside a dwelling unit if cultivation is conducted in conformance with § 280-15-10B.
(3)
Gases. The use of gas products, including but not limited to
carbon dioxide, sulfur dioxide, and butane, and ozone generators is
prohibited.
(4)
Hemp shall be grown outdoors.
B.
Marijuana general standards.
(1)
Residency. Home cultivation, medical marijuana home production,
and medical marijuana home occupation shall only be conducted by a
resident for whom the dwelling unit is his/her primary residence in
conformance with the Maine Medical Use of Marijuana Act[2], Marijuana Legalization Act, and state administrative
rules, as appropriate.
[Amended 5-5-2020 by Order No. 19-874-01; 1-19-2021 by Order No.
20-226-01]
[2]
Editor's Note: See 22 M.R.S.A. § 2421 et seq.
(2)
Ownership. A home cultivator or medical marijuana caregiver
who does not own the property where marijuana is proposed to be cultivated,
processed, stored, or distributed shall obtain written permission
from the property owner prior to cultivating marijuana and shall make
the written permission available to the City, upon request.
(3)
Enclosed, locked facility. Any home cultivation, medical marijuana
home production, or medical marijuana home occupation shall be conducted
in an enclosed, locked facility, which is accessible only by the individual
who is authorized to cultivate the marijuana in conformance with the
Maine Medical Use of Marijuana Act,[3] Marijuana Legalization Act,[4] and state administrative rule, as appropriate. No outdoor
cultivation is allowed for a marijuana production facility.
[Amended 5-5-2020 by Order No. 19-874-01; 1-19-2021 by Order No.
20-226-01]
(4)
Limited area dedicated to cultivation. Cultivation shall only
be conducted in a contiguous area of not more than one-quarter (1/4)
of the total square footage of a dwelling unit or one-hundred-twenty
(120) square feet, whichever is less. No marijuana shall be grown,
cultivated, processed, and/or stored within a common area or limited
common area of the property.
(5)
Screening of outdoor cultivation on a residential property.
No exterior evidence of cultivation, including signs, shall be visible
from a public way or area. Plants shall be entirely screened from
common visual observation from a public way or area by natural objects,
plantings, or a solid fence at least six (6) feet or taller in height,
density, and depth sufficient to accomplish complete screening of
plants from ordinary view. Should plants grow higher than the screening
such that they are visible from a public way or area, either the plants
shall be cut to not extend higher than the screening or the individual
who is authorized to cultivate the marijuana shall install additional
screening sufficient to conceal the plants from public view within
ten (10) days of notification of a violation by the Code Enforcement
Department.
(6)
Commercial sale of marijuana grown, cultivated, processed, and/or
stored on a residential property, except for members of the household
and family members who are qualifying patients that do not reside
in the household or as otherwise allowed under the Maine Medical Use
of Marijuana Act,[5] Marijuana Legalization Act,[6] or state administrative rules, as appropriate, and the
sale of marijuana paraphernalia is prohibited.
(7)
Compliance with health and safety codes. A primary residence, outbuilding, garage, or other structure where marijuana is grown, cultivated, processed, and/or stored shall meet all applicable requirements of the City's building, electrical, fire, and other health safety and technical codes, including but not limited to Chapters 90: Building and Building Regulation and 128: Fire Prevention.
(8)
(9)
Ventilation and odor management. Any primary residence, outbuilding,
garage, or other structure used for cultivation shall have proper
ventilation to prevent mold damage and to prevent odors or particles
from becoming a nuisance to surrounding properties or the public.
(10)
Waste disposal. All marijuana waste and/or residue from the
growth, cultivation, processing, and/or storage of marijuana shall
be disposed of in conformance with the Maine Medical Use of Marijuana
Act,[9] Marijuana Legalization Act,[10] or state administrative rules, as appropriate, as well as Chapter 220: Solid Waste. Waste and/or residue shall not be placed in exterior refuse containers without first being made unusable and unrecognizable through grinding and incorporating it with non-consumable, solid wastes such as paper, plastic, cardboard, food, grease, Bokashi or other compost activators, and/or soil, such that the resulting mixture is at least fifty (50) percent non-marijuana waste. Composting, fermenting, and/or incineration on-site is allowed if undertaken in accordance with state and local regulations.
C.
Licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and marijuana retail store standards. In addition to the requirements of § 280-15-10B a licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall meet the following additional standards:
[Amended 2-20-2018 by Order No. 18-115-01; 5-5-2020 by Order No. 19-874-01; 1-19-2021 by Order No. 20-226-01; 4-19-2022 by Order No. 22-151-01]
(1)
No licensed marijuana property, marijuana production facility,
marijuana manufacturing facility, and/or marijuana retail store shall
be allowed within five-hundred (500) feet, of any existing public
or private school, child-care provider, park, playground, and/or church,
with the distance between the properties calculated by direct measurement
in a straight line between the nearest property line of the land used
for public or private school, child-care, park, playground and/or
church to the nearest portion of the structure in which the licensed
marijuana property, marijuana production facility, marijuana manufacturing
facility, and/or marijuana retail store is located. Applicants for
public or private schools, child care providers, parks, playgrounds,
and/or churches, which are proposed within five-hundred (500) feet
of an existing licensed marijuana property, marijuana production facility,
marijuana manufacturing facility, and/or marijuana retail store shall
be required to sign a form, which may be obtained from the Code Enforcement
Department, which indicates that they are aware that an existing licensed
marijuana property, marijuana production facility, marijuana manufacturing
facility, and/or marijuana retail store is located within five-hundred
(500) feet of their proposed site.
(2)
The owner of a licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and marijuana retail store shall obtain an annual license from the City Council to operate the property and facility in conformance with Chapters 149: Licensing and 161: Marijuana. The number of licensed marijuana properties shall be capped at eight (8) lots as defined in this chapter. All marijuana production facilities, marijuana manufacturing facilities, and marijuana retail stores shall be located on one (1) or more of the eight (8) licensed marijuana properties in conformance with this chapter.. Additional buildings may be permitted on licensed marijuana properties for marijuana production, marijuana manufacturing, marijuana retail store, and/or other uses allowed in the zoning district, based on the boundaries of the lots existing as of October 2, 2018, if the owner demonstrates that the proposed expansion meets all applicable requirements of the City's zoning, site plan, and building electrical fire and other health, safety and technical codes, including but not limited to this chapter and Chapters 90: Building Construction and 128: Fire Prevention and the Maine Medical Use of Marijuana Act[11], Marijuana Legalization Act, and state administrative
rules, as appropriate.
[Amended 9-20-2022 by Order No. 22-440-01]
[11]
Editor's Note: See 22 M.R.S.A. § 2421 et seq.
(3)
A structure where marijuana is grown, cultivated, manufactured.
processed, and/or sold shall be constructed of building materials
approved by the Code Enforcement Department and Fire Chief, or their
designees. If the structure is six-thousand (6,000) square feet or
larger, and/or includes any extraction processes, it shall include
an internal sprinkler and/or fire suppressant system approved by the
Fire Chief.
(4)
An owner of a licensed marijuana property, marijuana production
facility, marijuana manufacturing facility, and marijuana retail store
shall prepare an Operations Manual and Safety Plan. The Operations
Manual and Safety Plan shall be maintained at the property and/or
business and made available for inspections upon request.
(a)
The Operations Manual and Safety Plan for a licensed marijuana property shall describe, at a minimum, policies and procedures for building security and provision and maintenance of ventilation and odor controls for the property, structures, and common areas that meets the requirements of § 280-15-10C(5).
(b)
The Operations Manual and Safety Plan for a marijuana production facility. marijuana manufacturing facility, and/or marijuana retail store shall describe, at a minimum, policies and procedures for employee safety, product and building security, hours of operation, provision and maintenance of ventilation and odor controls that meets the requirements of § 280-15-10C(5), storage and use of hazardous materials, including but not limited to, chemicals and gases, waste management, contamination protocols, and methods of distribution to qualifying patients.
(5)
Odor control plan.
(a)
An owner of a licensed marijuana property and operator of a
marijuana production facility, marijuana manufacturing facility, and/or
marijuana retail store shall prepare an Odor Control Plan specifying
the engineering and administrative controls the facility will use
to prevent odors from being detected off site, unless a mechanical
engineer, or other qualified professional, registered in the State
of Maine, certifies the adequacy of the proposed ventilation and odor
control system to prevent odors from being detected beyond the boundaries
of the property.
(b)
All licensed marijuana properties, marijuana production facilities,
marijuana manufacturing facilities and/or marijuana retail store shall
be equipped with and maintain sufficient ventilation and odor controls
to ensure that air leaving the building through an exhaust vent shall
prevent odors from leaving the property. Doors and windows in odor
producing areas shall remain closed, except for the minimum length
of time needed to allow people to ingress or egress the facility.
The Odor Control Plan shall specify building management activities
intended to isolate odor producing activities for one (1) or more
marijuana production, marijuana manufacturing businesses, and/or marijuana
retail store from other areas of the structures and discharge of emissions
from structures.
(c)
The City may use contracted staff and peer review escrow fees to review an Odor Control Plan under § 280-3-4B.
(d)
The Odor Control Plan shall be prepared, using industry-specific
best control technologies and best management practices, for each
odor source in the licensed marijuana property, marijuana production
facility, marijuana manufacturing facility, and/or marijuana retail
store and shall include, at a minimum:
[1]
A floor plan, with locations of odor producing
activities specified. Relevant information shall include, but is not
limited to, the location of doors, windows, ventilation systems, odor
control systems, and odor sources.
[2]
The location of specific odor producing activities.
[3]
Maintenance and replacement schedule for key system
components, provided by the manufacturer or supplier of the technology.
[4]
Staff training procedures including organizational
responsibilities and the roles/titles of staff members who shall be
trained about odor control.
[5]
Recordkeeping systems and forms describing what
records will be maintained by the facility operator.
[6]
Description of daily standard operating procedures
to verify that the odor control systems are operational.
[7]
Evidence that ventilation and odor controls are
operational, sufficient to effectively mitigate odors for all sources
and consistent with accepted and available industry-specific best
control technologies designed to effectively mitigate odors.
(e)
In addition, a marijuana production facility, marijuana manufacturing
facility, and/or marijuana retail store shall describe:
[1]
The processes that will take place at the facility
and the sources of the odors associated with, but not limited to,
vegetative flowering, processing, and storage.
[2]
For each odor source, specify the administrative
processes and technologies the facility will use, including:
[a]
Description of the proposed actions or technologies
for each odor producing activity, including the number of products
proposed to be used and product names, provided by the manufacturer
or supplier of the technology;
[b]
Description of the formulas, provided by the manufacturer
or supplier of the technology, to size the proposed odor control technologies
for the specific space and odor sources to be controlled within the
facility.
[c]
Maintenance and replacement schedule for key system
components, provided by the manufacturer or supplier of the technology.
(6)
No medical marijuana qualifying patients shall obtain medical
marijuana directly from a licensed marijuana property, marijuana production
facility, or marijuana manufacturing facility, except as otherwise
allowed under the Maine Medical Use of Marijuana Act[12], Marijuana Legalization Act, and state administrative rules, as appropriate. A licensed marijuana property or medical marijuana production facility may include an office space, located on one of the licensed marijuana properties, for the purposes of consulting with and distributing medical marijuana to qualifying patients if offices are allowed in the zoning district and if the facility meets all public safety, public access, parking, and other requirements of City codes as well as the standards in § 280-15-10C(6)(a) through 280-15-10C(6)(i). This office space shall not qualify as a medical marijuana dispensary for retail sales or for retail sale of adult use marijuana as defined in the Maine Medical Use of Marijuana Act[13], Marijuana Legalization Act, and State administrative
rules, as appropriate. This limitation is not intended to prohibit
production operations in one (1) unit with potential retail sales
of marijuana paraphernalia in another separate unit, as long as retail
sales of paraphernalia is allowed in the zone in which the property
is located and the two (2) facilities operate as separate legal entities.
(a)
Retail sales of marijuana shall be allowed in conformance with this chapter and Chapter 161, Marijuana.
(b)
The office shall be no larger than four-hundred (400) square
feet.
(c)
The caregiver shall meet with patients in the office by appointment
only. No drop in appointments shall be allowed. At any point in time,
scheduled appointments shall not generate a number of patients that
exceeds occupancy limits, required parking, curb cuts, or other zoning
standards, and all elements and conditions of site plan approval.
(d)
No exterior or interior displays that identify the office as
a location where medical marijuana is distributed shall be allowed.
All signage shall be in conformance with the Maine Medical Use of
Marijuana Act or state administrative rules, as appropriate.
(e)
Each caregiver's office shall be a separate, enclosed, locked
facility, accessible only by the caregiver or his or her authorized
employee and medical marijuana patients, vendors or service providers.
(f)
The office shall include office furniture only. All medical
marijuana products shall be stored in a locked piece of furniture
including, but not limited to, an armoire, closet, or other opaque
fixture such that products shall not be in an open display or directly
visible to patients. The caregiver may display and/or provide literature
about his or her medical marijuana services.
(g)
Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m.
(h)
The caregiver shall maintain a log of appointments, client identification
number (name of client shall remain private), purpose of appointment,
and whether appointment was kept. The log shall be made available
to the Code Enforcement Officer upon request.
(i)
A licensed marijuana property, marijuana facility, marijuana
production facility, marijuana manufacturing facility, and/or marijuana
retail store shall comply with the industrial performance standards
in this chapter.
(j)
A licensed marijuana property, marijuana facility, marijuana
production facility, marijuana manufacturing facility, and/or marijuana
retail store shall not dispose of marijuana waste and/or residue from
the growth, cultivation, processing, storage, and sale of marijuana
in an unsecured waste receptacle not in its possession and control.
(k)
Notwithstanding anything to the contrary in 1 M.R.S. § 302,
and amendments of this chapter on October 2, 2018, this chapter applies
to any application relating to the establishment or operation of a
licensed marijuana property, marijuana facilities, marijuana production
facility, marijuana manufacturing facility, and/or marijuana retail
store whether or not such application had become a "pending proceeding"
as defined in 1 M.R.S.A. § 302 prior to the enactment of
this chapter.
[1]
Editor's Note: The title of this section was changed from
"Medical marijuana standards" to "Marijuana standards" 5-5-2020 by Order No. 19-874-01.
[Amended 10-2-2018 by Order No. 18-426-01; 12-3-2019 by Order No. 19-540-01; 12-3-2019 by Order No. 19-578-01; 9-20-2022 by Order No. 22-440-01]
Any exterior modification on a lot that is located in a Design
District Overlay Zone except for a single family dwelling, two (2)
family dwelling, three (3) unit multifamily dwelling, and/or demolition
of an existing structure, shall require review and recommendation
to the City Council, Planning Board, Site Plan Review Committee, except
that the following proposed modifications shall be delegated to the
Planning Director for review.
A.
Alterations of color, font, logos or minor modifications of size,
shape, or location of existing franchise signage. An increase in the
number of signs shall continue to be reviewed by the Design Review
Committee.
B.
Small changes to design features, including but not limited to awnings,
if there is only one (1) option to meet building or zoning codes.
C.
Modifications that are not visible from a public way or street level
of a public property or that are proposed to be screened from view
from a public way or street level of a public property by one (1)
or more techniques including, but not limited to, fences, berms, or
landscaping.
D.
Intent. This subsection provides design standards which, if followed, will be considered evidence of meeting the appropriate performance standards of Article XVI, Site Plan Review and Chapter 275: Subdivision of Land. Proposed site plans, subdivisions and exterior improvements and/or changes not in compliance with the design standards of this subsection may be considered, but the applicant shall have the burden of proof to provide clear and convincing evidence that demonstrates it is not possible to comply with the standards, the proposed design shall meet the intent of the standards to the greatest extent practicable, and all other zoning, subdivision, and building standard codes, and statutory criteria shall be met.
E.
Design Districts defined. In the Sanford Downtown Design District
Overlay Zone and the Springvale Village Design District Overlay Zone,
design standards apply to new development, redevelopment, and change
of use. The two (2) Design Districts are defined on a map in the Planning
Office. These areas are on well-traveled routes most often seen by
the public, where it is crucial to ensure that nonresidential development
is in keeping with the character of the District Overlay Zones.
F.
Sanford Downtown Design District Overlay Zone.
(1)
Background. The focus of Sanford Downtown has shifted over time,
toward an increased emphasis on serving a wider range of commercial
activities and an increasing residential population. Sanford Downtown
is evolving into a year-round destination. The success of much of
Sanford's Downtown business district depends on the success of the
visitor experience. That is why all aspects of development in Sanford
Downtown shall be designed for both function and aesthetics. These
design standards are intended to help the owner, developer, architect,
and other consultants understand the basic design goals set for development
in the Sanford Downtown Design District Overlay Zone and provide the
City with a yardstick against which new projects can be measured.
Applicants are invited to submit creative and imaginative projects
which build on these standards and contribute to the overall form
and character of Sanford's Downtown.
(2)
Objectives. Sanford Downtown Design District Overlay Zone offers
visitors a focal point for services aimed at both visitors, residents,
and workers of the surrounding area. Sanford Downtown design standards
are intended to promote the characteristic qualities of its historic
setting. The following objectives shall be considered in all new development:
(a)
Insist on a high standard of urban design, architecture and
landscape architecture for the downtown area, in order to make it
attractive to visitors, residents, and workers.
(b)
Respond to the existing and future needs and interests of a
broad range of visitors, residents, and workers through the four (4)
seasons.
(c)
Preserve, where possible, and supplement the existing natural
landscape. Abundant landscaping and floral displays are particularly
important in the summer and fall months.
(d)
Use design elements that are cohesive with the City's natural
setting and desired architectural character yet still express individuality.
(e)
Create an atmosphere in the Sanford Downtown Design District
Overlay Zone that is open and friendly, that caters to pedestrians
by providing open space amenities, including but not limited to outdoor
seating areas, activity areas, site features.
(f)
Accommodate New England climatic conditions.
(g)
Encourage building design and orientations that maximize views
and sunlight.
(h)
Make preserving the historic character of the Sanford Downtown
Design District Overlay Zone a priority.
(i)
Encourage building design and site planning that ensures logical
and functional patterns for the three (3) levels of traffic: pedestrian,
automobile, and service and delivery.
(j)
Insist on building design that reflects the community's desire
for human scale, in terms of building placement, height, proportion,
site features, roof shapes and building materials. The design standards
are not intended as a blueprint for design approval; rather they outline
the important elements and features which shall be considered in designing
or modifying the building, site, or subdivision.
(3)
Note that these design standards do not negate or overrule the
City's building codes. Applicants shall review the design standards
and meet with the Planning Director at the outset of the design process
to discuss the design objectives/issues for each property in Sanford's
Downtown, if appropriate.
G.
Springvale Village Design District Overlay Zone.
(1)
Introduction.
(a)
Purpose. The purpose of these design standards is to provide
a tool to preserve the village character of Springvale and respect
its sense of history for generations to come. These standards are
intended to ensure that new, expanded, and rehabilitated development
is designed and built in a manner compatible with the character of
Springvale Village in terms of scale, aesthetic, and visual effect.
They are meant to lead to the construction and layout of buildings
and site improvements that are appropriate to their surroundings and
to the Springvale Village, by helping property owners, developers,
contractors and other professionals understand the community values
which their designs shall satisfy to be acceptable to the City.
(b)
The focus of these design standards is to maintain and improve,
where appropriate, the visual and aesthetic character of the Springvale
Village Design District Overlay Zone, as related to site layout and
improvement, architecture, and design of properties. Design review
does not encompass all elements of zoning, subdivision, or building
code review. The City's zoning, subdivision, and building code review
processes cover other performance standards including but not limited
to traffic, utilities, and environmental impacts, pertaining to nonresidential
development.
(2)
Springvale Village Design District Overlay Zone general standards.
(a)
Character. These design standards are a tool to help ensure
future development and alterations to existing development are in
keeping with the character of the Springvale Village Design District
Overlay Zone. Development shall maintain or improve the visual and
aesthetic character of the Springvale Village Design District Overlay
Zone.
(b)
Context. A building's or site's context is important to gauging
appropriate design. A building or site shall conform to the Springvale
Village Design District Overlay Zone design standards and shall not
appear out of place compared to abutting properties, buildings or
the surrounding neighborhood. This is an important standard to consider,
even though it may be difficult to quantify.
(c)
Existing structures.
[1]
These standards also apply to the renovation or
construction of existing buildings and/or sites within the Springvale
Village Design District Overlay District.
[2]
For existing structures:
[a]
Historic or original architectural elements, including
but not limited to doors, windows, dormers, porches, balconies, and
decorative features such as cornices, columns, pediments, and railings,
shall be retained to the extent possible. Alterations shall be carried
out in a way that does not damage or hide these elements. New architectural
elements shall match the old in design, color, texture, and, where
possible, material; and
[b]
Architectural elements that falsify or confuse
the history of a building shall be avoided. Replacement of original
elements shall be substantiated by documentary and physical evidence.
Building owners should find early photographs of their building to
best identify its true historic style. These photographs can provide
visual evidence of existing or preexisting architectural elements.
Property owners are encouraged to consult with the Historical Society
or Planning Department about the building and proposed modifications.
(d)
Additions.
[1]
Historically, a house was expanded incrementally
as a family's space requirements grew. Over several generations, additions
were added in a manner that was consistent with what had come before
but reflective of its own period. Additions shall be designed so that
the character of the existing building is not radically changed, obscured,
damaged, destroyed, or rendered subordinate to the addition.
[2]
Additions shall:
[a]
Be differentiated from the existing building with
techniques, including but not limited to set backs or offsets from
the existing wall plane;
[b]
Not obstruct the visual integrity of the original
structure;
[c]
Be in harmony with the original in size, scale,
style and materials; and
[d]
Be located where least visible from public view.
H.
Sanford Downtown and Springvale Village Design District Overlay Zone
standards.
(1)
Site planning.
(a)
General standards.
[2]
Orientation to the street. In nearly all circumstances,
the building and primary entrance shall be oriented parallel to and
close to the street to encourage the creation and/or maintenance of
an interesting streetscape and pedestrian activity.
[3]
Front yard setbacks.
[a]
The front setback of new buildings shall be consistent
with neighboring buildings along the street and in the neighborhood;
a new building shall not appear out of place because it is placed
much closer to or further from the street than other buildings.
[b]
If the appropriate front setback is uncertain,
the general standard is to keep buildings close to the road, as is
typical of traditional village and downtown development.
(b)
Sanford Downtown Design District Overlay Zone site planning
standards.
(2)
Site design.
(a)
Sanford Downtown Design District Overlay Zone general preferences.
[1]
Ground-level interest. Variety at ground level
contributes interest and vitality. Consideration of walkway and landscape
detail, scale, and entries is especially important.
[3]
Landscaping and other materials standards.
[a]
Landscaping shall use indigenous or similar hardy
plants. Native shade trees shall be the preferred planting along Main
Street and major side streets, supplemented with ornamental trees,
shrubs, perennials, and annuals to accent pedestrian spaces, building,
and site design and to provide visual interest and seasonal color.
[b]
Sanford Downtown Design District Overlay Zone additional
landscaping and other materials standards.
[i]
Design review may require up to ten percent (10%)
of gross site area in landscaped open space in mixed use or commercial
zones, up to twenty percent (20%) for residential uses.
[c]
Sanford Downtown Design District Overlay Zone additional
landscape elements.
[i]
All landscape elements adjacent to areas which
require snow clearing by machinery shall be designed to resist damage
by incorporating durable materials and rounded edges and eliminating
unnecessary protrusions.
[ii]
Site features, such as water, public art, flags,
banners, and graphics are strongly encouraged, provided they conform
to the requirements of this chapter and life safety codes.
[iii]
Planters consistent with the building design
are encouraged. All post-construction disturbed areas shall be revegetated
per landscape standards.
[iv]
Trees and plantings shall be protected from snow
clearing operations.
[v]
Plant material located in snow dump areas shall
be sufficiently durable to survive the effects of snow storage.
[vi]
Summer floral displays shall be strongly encouraged.
[vii]
Grass shall be a uniform turf of species hardy
to the City.
(3)
Servicing standards. Truck access, deliveries, utilities, storage
and garbage concealment shall be considered in the design.
(a)
Provide adequate space for garbage storage and recycling. Garbage
and recycling storage areas shall be enclosed and hidden from public
view and/or screened by fences and plants compatible with the architecture
of structures on and in the vicinity of the site. Containers shall
be made of durable materials and shall be easily accessible to garbage
trucks. Adequate ventilation shall be provided.
(b)
Sanford Downtown Design District Overlay Zone additional servicing
standards.
[1]
Service bays and loading docks shall be unobtrusive.
[2]
Locate service bays within the building or parking
structure. If exterior service bays are necessary, locations visible
to front entries or commercial businesses shall be avoided. Provide
permanent visual screening where exterior service bays are located.
(c)
Springvale Village Design District Overlay Zone additional servicing
standards.
[1]
Service bay design shall be durable. Consider wear
and tear on these areas. In order to allow winter garbage pickup,
design service bay areas to prevent ice and snow buildup.
[2]
If applicable, projects shall include an area for
utility services, including but not limited to meters and propane
tanks. The area shall be fully screened from the view of the public
and adjacent property owners. Incorporate fire hose connections and
utility meters in the building design to avoid damage during snow
plowing. Confirm transformer location at an early stage of design
process in order to minimize visual impact, especially with reference
to adjacent properties.
[3]
Sufficient truck storage shall be maintained on
site to allow efficient delivery service without conflicts while that
service is being performed.
[4]
Delivery trucks shall be able to operate without
blocking public rights-of-way. Pedestrians shall be able to access
the development from existing pedestrian walkways with little or no
traffic conflict.
(4)
Access, parking, and loading standards.
(a)
The number of parking spaces shall conform with, but not exceed,
the requirements of this chapter.
(b)
Sanford Downtown Design District Overlay Zone driveway standards.
Design driveways to a maximum of eight percent (8%) and ideally less
than six percent (6%) slope. The slope on driveway approaches to City
streets may be increased above eight percent (8%) with the use of
heat-tracing or a roof covering.
(c)
Sanford Downtown Design District Overlay Zone service parking
standards.
[1]
Provide adequate areas for snow storage and drainage.
These may be combined with islands of planting, sufficiently durable
to survive the effects of snow storage, to break up large areas of
paving.
[2]
On-site parking areas located to the rear of buildings
shall be strongly encouraged.
[3]
Screen surface parking areas by a combination of
walls, fences, landscaping, and berms at least four (4) feet in height.
[4]
Where possible, provide separate pedestrian circulation
routes within parking areas.
[5]
Where possible, provide separate parking areas
for buses and recreational vehicles.
[6]
On-site parking shall be designed to allow vehicles
forward entry and exit from the site, except as otherwise authorized
under this chapter.
(d)
Springvale Village Design District Overlay Zone additional off-street
parking standards.
[1]
On a building lot, parking shall be an accessory
use to the principal structure, not a dominating feature of the site.
Therefore, off-street parking lots shall be sited behind or to the
side of buildings. Parking, whether formal or informal, in the front
yard of a residential or nonresidential building is not appropriate
and is visually detracting.
[2]
Off-street parking that is located to the rear
of buildings shall be identified with appropriate signage. The provisions
of exterior lighting and landscaping, in accordance with this chapter,
shall be encouraged.
(5)
Springvale Village Design District Overlay Zone site features
and landscaped pedestrian walkways standards.
(a)
Walkways shall provide a safe, handicap-accessible pedestrian
connection between the building, parking, and the street. Connections
to adjacent sites or developments shall be provided where appropriate.
(b)
Asphalt surfaces shall predominant for sidewalks in the Springvale
Village Design District Overlay Zone, but brick, pavers, stamped concrete,
stone, and other materials shall be considered to add character or
to prevent cracks or shifting bricks/blocks from becoming eyesores
or safety hazards.
(6)
Springvale Village Design District Overlay Zone additional fence
standards.
(a)
Traditional materials, including but not limited to wood, cast-
or wrought iron, or stone, shall be recommended. Metal or vinyl fencing
that looks like traditional wood or iron fencing may be an acceptable
alternative. Chain-link fencing is not appropriate and detracts from
the character of the Springvale Village Design District Overlay Zone.
(b)
When a fence is proposed in front of a building, it shall be
open and low, not exceeding forty-two (42) inches in height, so as
not to block views. Fences shall be compatible with the building and
neighborhood in style and proportion and shall enhance the streetscape.
(c)
More-solid, taller fences are appropriate to provide privacy
or safety but should be located where they have minimal visual impact
appropriate to the structure and surrounding area. Five (5) to six
(6) feet shall be the recommended maximum height.
(d)
Wherever fences are located, care shall be taken to modulate
the length so as not to create a visual or pedestrian barrier. Landscaping
shall be considered in combination with fencing to relieve the visual
monotony of a long fence.
(7)
Springvale Village Design District Overlay Zone additional screening
and landscaping standards.
(a)
The setback area between a building and the street shall be
appropriately landscaped so as to contribute positively to the character
and image of the Springvale Village Design District Overlay Zone.
Lawn, planting beds, and/or plant containers shall be strongly encouraged.
Native shade trees shall be the preferred planting along Main Street
and major side streets, supplemented with ornamental trees, shrubs,
perennials, and annuals to accent pedestrian spaces, building, and
site design and to provide visual interest and seasonal color.
(b)
Paved or gravel surfaces, even if not for parking, are not appropriate
for the front yard/setback area.
(c)
In addition to fences, stone walls and hedges shall be appropriate
site amenities. Examples of walls or hedges found in Springvale Village
Design District Overlay Zone provide visual guidance for appropriate
design.
(d)
Landscaping and fencing shall not block a vehicle's sight distance
for a driveway or other service/access drive and shall allow for pedestrian
access from the street to the building and access to off-street parking.
(e)
Dumpsters and other trash bins shall be sited to the rear of
the primary building, unless this area is environmentally sensitive.
Regardless of the location, dumpsters and other trash bins shall be
adequately screened with fencing and/or landscaping, if not enclosed
in a shed. Other unsightly site features, including utility equipment,
shall be screened to the extent possible, without compromising necessary
access for maintenance.
(8)
Lighting standards.
(a)
Illumination levels shall be of sufficient intensity to provide
security but not overpower the nightscape. Illumination shall be low
level, low glare, shielded, directed downward, and contained on the
property. Warm shades of LED lights are encouraged.
(b)
Sanford Downtown Design District Overlay Zone additional lighting
standards.
[1]
Provide exterior lighting to highlight landscaped
areas, feature walls, and provide visual interest. In the Mill Yard,
this includes projected images on the face of up to two (2) wall of
an existing, former mill structure. The intensity and distribution
of light shall be taken into account in applying these standards,
particularly as it affects neighboring residential properties and
the ambience of the neighborhood or district. Care shall be taken
to prevent light spillage into windows of residential units in and
near the property.
[Amended 11-24-2020 by Order No. 20-149-01]
[2]
Provide security lighting where appropriate.
[3]
No flashing, blinking, or colored lighting, except
for Christmas lighting, shall be permitted. Incandescent or other
warm-colored lighting is preferred.
(c)
Springvale Village Design District Overlay Zone additional lighting
standards.
[1]
These lighting standards shall apply to architectural
and exterior light fixtures on a building, porch, deck, pathway, driveway,
or on a post.
[2]
The intensity and distribution of light shall be
taken into account in applying these standards, particularly as it
affects neighboring properties and the ambience of the neighborhood
or district.
[3]
Lamps and light bulbs, in general, shall be fully
shielded inside the fixture so that the lamp/bulb itself is not visible
from adjacent buildings, or by pedestrians and/or, motorists. A carriage-lamp-style
light shall have glass translucent enough to reduce glare.
(d)
Springvale Village Design District Overlay Zone up-lighting
and facade lighting standards.
[1]
Up-lighting, to highlight facades, signs, fountains,
waterfalls, and landscaping, shall be minimized to reduce glare and
light pollution. Lighting of building facades and significant natural
features shall be done judiciously, perhaps limited to special buildings
or features that have architectural or cultural significance or character.
[2]
For signage, lighting from the ground shall be
adequately shielded such as with landscaping.
[3]
Landscape lighting, such as wash lighting of trees,
is not appropriate within the Springvale Village Design District Overlay
Zone.
(9)
Sanford Downtown Design District Overlay Zone outdoor activity
standards. Outdoor activity areas are vital if the Sanford Downtown
Design District Overlay Zone is to project a vibrant atmosphere.
(a)
Outdoor activity areas should be created.
[1]
Consider providing outdoor activity areas to accommodate
a range of ages and activity levels.
[2]
Seating areas and restaurants overlooking pedestrian,
landscaped, and/or natural areas and other prominent viewpoints shall
be encouraged.
[3]
Outdoor seating areas are encouraged where appropriate
and shall conform to the pedestrian right-of-way requirements in § 280-15-11I(2)(c)[2].
(10)
Sanford Downtown Design District Overlay Zone solar access standards.
(a)
Design shall preserve sunlight on neighboring outdoor or indoor
spaces for uses intended for outdoor use/activities, particularly
late afternoon.
(b)
The building design and placement should create sheltered sunny
pockets in public spaces and on neighboring properties to encourage
use in winter months.
(11)
Signage standards.
(a)
Signage shall conform with requirements of this chapter, except
as specifically allowed in this section, including § 280-15-11H(11)(i)[6].
[Amended 11-24-2020 by Order No. 20-149-01]
(b)
Proposed signs shall be of pedestrian scale and orientation
and shall be compatible with the general historic period and architectural
character of the districts including, but not limited to, general
design, arrangement, texture, material, scale, mass, color, and relationship
of fore and background. For the purposes of this section, historic
period and architectural character includes, but is not limited to,
signs which are set into a panel above the ground floor windows. The
size and placement of proposed signs shall maintain the proportionate
relationship between the signs and building facades and limit the
maximum height of the sign equal to the line of the eaves or the bottom
of the second story window sill, whichever is lower. An existing panel
that is not centered may be adjusted if the building is resided; however,
it may not be increased in size and shall maintain the original dimensions.
(c)
The removal or alteration of any historic period or architecturally
significant signs should be held to a minimum. In the event that replacement
of a historic period or architecturally significant sign is necessary,
the new sign should attempt to match the sign being replaced in composition,
design, color, texture, and other visual qualities and distinctive
stylistic features or examples of skilled craftsmanship shall be treated
with sensitivity.
(d)
Contemporary design for new signs shall not be discouraged if
such design is compatible with the size, scale, color, material, and
character of the district, structures, or the environment. New signs
shall be appropriate to the historic period, style, type, size, and
scale of the building and district for which it is proposed and with
other signs in the district.
(e)
Installation shall not damage or require removal of historic
period materials and shall be done in a manner such that signs can
be removed without harm to the masonry or architectural detailing.
(f)
No more than fifteen percent (15%) of windows shall be covered
with temporary window signs.
(g)
Graphics painted, etched, or otherwise attached to the outside
or exterior of a window shall not cover more than thirty percent (30%)
of the window; except that coverage may be allowed up to sixty-five
percent (65%) if the graphic is not opaque and provides an attractive
screen for views of the interior of the property. If text is no more
than twenty (20) square feet or twenty percent (20%) of a graphic
attached to a window, whichever is less, and the text is less prominent
than the artistry of the graphic, the text shall not be counted toward
the measurement of cumulative sign area.
(h)
A maximum of twenty-five percent (25%) of total window area
of any single storefront may be covered by a combination of permanent
and temporary window signs.
(i)
Sanford Downtown Design District Overlay Zone additional signage
standards.
[1]
One (1) building sign per tenant, not to exceed
two (2) square feet per one (1) linear foot of the building frontage
of the suite occupied by the tenant that faces a public street or
parking lot. The cumulative sign area of proposed building signs shall
not exceed two (2) square feet per one (1) linear foot of building
frontage that faces a public street or parking lot.
[2]
Comprehensive signage plans shall be required as
part of the permit application on all new structures or renovated
centers. An existing center may replace existing signs with those
of the same dimensions, but cannot expand them to reflect amendment
adopted as of December 3, 2019 without a comprehensive signage plan.
[3]
Signage shall be low-key and coordinated with the
architectural features and finishes of each building.
[4]
Front-lighting of signs is encouraged, although
some limited backlighting is permitted.
[5]
Exterior neon shall be is subject to close scrutiny
for its relationship to building design and strict maintenance requirements.
[6]
In the Mill Yard, signs may be projected onto up to two (2)
facades of an existing former mill structure up to a cumulative sign
area of three-hundred (300) square feet.
[Added 11-24-2020 by Order No. 20-149-01]
(j)
Springvale Village Design District Overlay Zone signage standards.
[1]
Sign material, style and color shall complement
the building facade.
[2]
Window signs or signs painted/etched onto a window
shall not cover more than twenty-five percent (25%) of the window.
[3]
Font style shall be encouraged to be consistent
with the historic period/traditional lettering style; fonts and lettering
that are overly ornate or otherwise unreadable shall be strongly discouraged.
[4]
The following sign styles or features are not allowed
in the Springvale Village Design District Overlay Zone:
[Amended 10-2-2018 by Order No. 18-426-01]
[a]
Internally illuminated or translucent plastic signs,
flashing elements, or elements that move or change its brightness.
[b]
Use of fluorescent or neon colors.
[c]
Signs attached to or projecting from the roof.
[d]
Signs that mask the architectural details of a
building or whose design dominates the building facade.
[5]
The following sign styles or features are appropriate
for the Springvale Village Design District Overlay Zone:
[a]
Wooden signs, or a sign material that has the look
of traditional wood signage, including, but not limited to, vinyl
as well as traditional wrought-iron signposts or brackets may be appropriate.
[b]
Hanging signs, such as from a post or projecting
from the building.
[c]
Freestanding signs with two (2) posts.
[d]
Wall signs on building facades, placed just above
the storefront and appropriately proportioned to the front facade.
I.
Architecture standards.
(1)
Building mass, scale and height standards.
(a)
New buildings or additions to existing buildings shall not be
visibly out of scale with neighboring buildings or otherwise out of
scale with Sanford Downtown or Springvale Village Design District
Overlay Zones, respectively.
(b)
Building heights shall be compatible with adjacent structures.
(c)
The size or bulk of the building shall conform with those nearby;
larger buildings shall be broken down architecturally to match the
scale, rhythm and proportion of adjacent structures.
(d)
The following features, among others, shall be considered as
potential elements to help break down building scale: projecting bays,
projecting or recessed balconies, and gables and dormers, judiciously
utilized to provide interest, individuality, and appropriate scale
to new structures; distinct and multiple architectural roof forms,
clearly pronounced eaves, distinct parapet designs and cornice treatments;
porches, covered walkways, trellises or architectural awnings that
provide varying degrees of shade and sun at ground level.
(e)
Springvale Village Design District Overlay Zone additional building
mass, scale, and height standards. Two (2) to three (3)-story buildings
are more traditional in and shall be encouraged in the Springvale
Village.
(2)
Architectural style/character standards.
(a)
Building designs and treatments that express corporate, franchise,
or trademark identity shall not take precedence over these design
standards; such development shall conform to the historic, site design,
and architectural considerations in these standards. Corporate or
franchise developments shall be compatible with the visual character
of the Sanford Downtown or Springvale Village Design District Overlay
Zones.
(b)
Variation in design.
[1]
Sanford Downtown Design District Overlay Zone.
Although there is some variation in architectural styles in the Sanford
Downtown Design District Overlay Zone, new development shall be compatible
with the general area.
[2]
Springvale Village Design District Overlay Zone.
Although there is some variation in architectural styles in the Springvale
Village Design District Overlay Zone, new development should be done
in a traditional New England Village architectural style. See examples
in the Planning Department.
(c)
Sanford Downtown Design District Overlay Zone building design
standards.
[2]
Sanford Downtown Design District Overlay Zone walkways,
entries, and overhangs standards.
[a]
Width of covered walkways shall span the sidewalk,
if applicable, or be a minimum of six (6) feet wide and nine (9) feet
high.
[b]
The weight of snow on top of and shed from covered
walkways shall be planned for.
[c]
All building access shall be designed to provide
convenient and safe access for disabled persons, the elderly, baby
carriages, and others. Sidewalks and walkways shall be free of barriers.
[d]
All walkways shall be designed to maintain visual
continuity of eave lines, materials at base, soffits, fasciae, and
grade at entry locations. New walkways shall be fully coordinated
with adjoining walkways.
[e]
Shop facades shall be designed as individual entities,
to strengthen their character and interest to pedestrians. Continuous
linear shop fronts are discouraged.
[f]
Outdoor display areas shall be identified as part
of applications. Such areas shall not interfere with pedestrian circulation.
[g]
Upper-floor design. Decks, balconies, and porches
are strongly encouraged as they provide sunny, usable, outdoor space
and add life and interest to the street.
(d)
Architectural details.
[1]
Craftsmanship, ornamentation, and architectural
details shall be strongly encouraged. Architectural details shall
include the design features of elements including but not limited
to doors, windows, dormers, porches balconies, and decorative details
such as cornices, columns, pediments, railings, and similar features.
Large or small, these details play a key role in defining the style
and character of a building and deserve particular attention and respect.
[2]
Detailing that relates to and reflects the character
of the area shall be encouraged. Vernacular architectural features
help tie together the character of the Sanford Downtown and Springvale
Village Design District Overlay Zones.
[3]
Roof design standards. Roof design is important
for snow management and is a major contributor to design character.
Roofscapes are important design elements that are viewed by pedestrians.
Sloped roofs shed accumulated snow in avalanche fashion and can be
dangerous to pedestrians below. The design of roofs and pedestrian
areas below them is referred to as snow management and is discussed
in this subsection.
[a]
The angle of a sloped roof should be typical of
traditional New England architecture, approximating twelve to twelve
(12:12) pitch. A sloped roof with a flattened pitch is generally not
appropriate for the Springvale Village Design District Overlay Zone.
[b]
Sanford Downtown Design District Overlay Zone additional
roof standards.
[i]
Roof form shall be modulated and broken up with
the use of dormers or other architectural features. The ridgeline
shall not be continuous but shall be varied in height or broken with
chimneys, cupolas, towers, or other features.
[ii]
Roofs of connected buildings shall be fully coordinated
with adjoining eaves, peaks, gables, and slopes. Consider the color
of neighboring roofs to create a complementary roof palette: avoid
selecting strongly contrasting colors.
[iii]
Roof materials. Consider the effects of climate
and snow management in selecting roofing materials.
[iv]
Roof-mounted equipment shall be concealed. Satellite
dishes, communications antennae and mechanical equipment shall be
planned as part of the roof so they are concealed from all pedestrian
viewpoints and overlooking development.
[v]
Where appropriate in Sanford's Downtown, a flat
roof may be permissible if the building is multistory and of traditional
downtown architecture and use, including but not limited to a retail/pedestrian-oriented
first floor, office/residential upper floors, differentiated upper
facade, articulated parapet and decorative cornice. Existing buildings
of this style shall be maintained for architectural and/or historic
integrity.
[c]
Springvale Village Design District Overlay Zone
additional roof standards.
[i]
Sloped gable or hip roofs are most appropriate
for the Springvale Village Design District Overlay Zone. Gambrel,
shed, mansard, false mansard, or flat roofs are not allowed.
[ii]
Dormers are an effective way to break up the mass
of a sloped roof and add architectural interest and are a typical
feature of New England architecture. Dormers shall be of an appropriate
proportion and size relative to the building.
[4]
Street facade standards.
[a]
The front facade of both residential and nonresidential
buildings, particularly the main entrance, shall be oriented to Main
Street, or another primary street frontage if it does not front on
Main Street. If an existing main entrance is not located along the
primary frontage, the front facade shall be appropriately designed
to contribute to the pedestrian-friendly character.
[b]
For buildings that are sited on a corner lot which
fronts on more than one (1) street, the front facade shall be oriented
toward the primary street frontage, while a secondary entrance or
other appropriate facade treatment is strongly encouraged for the
side street.
[5]
Entrance standards.
[a]
Principal building entrances shall be accented,
and easily visible from the street, to contribute to the pedestrian-friendly
character. This may be achieved through the design of the doorway
and doorway architectural treatments, by recessing the entry, by adding
a porch or pediment for the front door providing shelter or by other
means to enhance the entrance.
[b]
Service entrances and loading facilities should
be located at the rear or side of structures and screened from public
view. Where buildings face more than one (1) public street, service
and loading circulation shall be located along secondary streets where
appropriate. Where no off-street options are available, loading and
service entrances located along public streets shall occupy the minimum
space necessary and be compatible with the other uses of the street,
including pedestrian activities and retail development.
[6]
Proportion and spacing of openings, including but
not limited to windows and doors.
[a]
Blank exterior walls without doors, windows, or
other architectural features to break up a building's mass shall be
avoided. Street facades in particular shall not be blank but have
an appropriate rhythm of windows and doors.
[b]
Windows and doors shall be appropriately scaled,
vertically oriented, and placed in a regularly spaced pattern. Symmetry
of openings on the street facade is traditional, though not essential.
[c]
False windows are discouraged; however, where the
interior layout or function of a building does not accommodate windows,
the judicious use of false windows may be acceptable. The use of other
architectural or natural elements including but not limited to, murals
or plantings, which offer vertical contrast, may be an acceptable
alternative; however, the quality, subject, and maintenance of murals
should be carefully considered.
[7]
Springvale Village Design District Overlay Zone
windows and window treatments standards.
[a]
Avoid modern window styles that are not compatible
with traditional New England architecture.
[b]
Square or vertical windows, with large window openings
are preferred.
[c]
The style of window shall be consistent throughout
the building or addition. Visual unity and harmony are usually achieved
when the same window style and scale is used consistently on all visible
facades.
[d]
Shutters shall reflect their original use. That
is, their size shall be such that they will cover the entire window
if closed; arched windows shall have arched shutters. Shutters shall
be hung so as to appear operable, and shutter dimensions shall be
based on window dimensions. The slats shall point up when shutters
are open, and down when closed over the window.
[e]
Awnings shall not detract from the form of the
building or obscure its details. Traditional canvas awnings shall
be encouraged; plastic or metal awnings shall be discouraged.
[8]
Springvale Village Design District Overlay Zone
porch standards.
[a]
Size, proportions, style, detailing, decorations,
and features such as columns and railings are important elements of
a porch design. Whether on a residential or nonresidential building,
the design shall be consistent with the architecture and scale of
the rest of the building. Other porches found in the Springvale Village
Design District Overlay Zone should provide visual guidance for appropriate
architectural design and features.
[b]
Decks and patios shall be located at the rear or
side of a building and, if visible from a public way, shall be compatible
visually with the design of the structure. Appropriate vegetative
screening shall be provided.
[9]
Springvale Village Design District Overlay Zone
exterior building materials.
[a]
Traditional exterior building materials, including
wood clapboard, native stone, or brick, are most appropriate and strongly
encouraged.
[b]
Concrete block and metal siding are not allowed;
the use of concrete should be restricted to foundations. Stucco is
not traditional for the Springvale Village Design District Overlay
Zone and is not allowed.
[c]
Synthetic or imitation materials, including but
not limited to vinyl siding, may be acceptable if they replicate traditional
materials. As other new materials are developed that are indistinguishable
from natural or traditional products, they may be considered favorably.
[10]
Springvale Village Design District Overlay Zone
paint and exterior color standards.
[a]
Traditional New England building colors shall be
strongly encouraged. Bright or electric colors shall not suitable
for siding or trim. Softer or muted colors, light or dark, tend to
be more traditional. Matching colors with neighboring buildings is
not necessarily encouraged, but choosing a color palate that does
not clash with adjacent buildings.
[b]
A well-selected color palate can greatly enhance
a building's character, in addition to architectural details. Appropriate
accent colors shall be chosen for the trim, doors, and other architectural
elements.
[11]
Springvale Village Design District Overlay Zone
accessory structure standards.
[a]
Accessory structures, including but not limited
to a garage or shed, shall be set back from the street further than
the front facade of the principal structure so that the principal
structure is more prominent.
[b]
Adding trim, windows and other architectural details
to accessory structures shall be strongly encouraged to bring them
into scale and visual harmony with the principal structure. For example,
a garage might feature the same siding, color scheme and trim, even
window style, as the principal structure.
[12]
Springvale Village Design District Overlay Zone
gas station canopy and drive-through standards.
[a]
New or replaced canopies over gas pumps shall be
visually sensitive to the neighborhood in color and design. Use of
bright colors shall be discouraged. Canopy design shall be encouraged
to be architecturally compatible with the principal structure, if
appropriate, and the preferred Springvale Village Design District
Overlay Zone architectural character described in these standards.
[b]
Canopies and drive-throughs shall be aligned to
the building and sited to conform to all other setback and traffic
circulation requirements.
[Added 3-7-2017 by Order
No. 17-31.07; amended 4-7-2020 by Order No. 19-772-01]
A.
Purpose. The purpose of these provisions is to regulate a solar energy
system, allow the City to be informed of the placement of a solar
energy system, preserve and protect public health and safety, allow
for orderly development of land, and protect property values.
B.
Standards.
(1)
A residential solar system (RSS) shall:
(a)
Comply with the setback and height requirements of the zoning
district in which the system is to be installed.
(b)
Comply with the provisions of all applicable requirements of the City's building, electrical, fire, and other health safety and technical codes, including but not limited to Chapters 90: Building and Building Regulation and 128: Fire Prevention.
(c)
Be installed so as not to cause any wire or wireless communication
signal disturbance.
(d)
Be sited to prevent glare onto abutting properties, structures,
and roadways.
(e)
Be removed if it has not produced power for a period of twelve
(12) consecutive months.
(2)
Standards. A commercial solar system (CSS) and utility solar
system (USS) shall:
(b)
Comply with the setback and height requirements of the zoning
district in which the system is to be installed; however, the Planning
Board may require additional setbacks and buffers from existing abutting
residential uses to minimize impacts from the project.
(c)
Comply with the provisions of all applicable requirements of the City's building, electrical, fire, and other health safety and technical codes, including but not limited to Chapters 90: Building and Building Regulation and 128: Fire Prevention.
(e)
Ground-mounted system.
[1]
Secure all ground-mounted electrical and control equipment to
prevent unauthorized access. The system shall be enclosed within a
minimum seven (7) foot tall fence with locking gate and Knox-Box® to provide emergency access. The type of fence
shall be appropriate for security, screening, and/or other purposes
and shall be similar to and/or compatible with the style of fences
used within one-thousand (1,000) feet of the property boundary.
[2]
A ground-mounted system in the Rural Residential Zone (RR) shall comply with the standards specified in § 280-15-12B(2)(l).
[3]
A ground-mounted system in the Residential Development Overlay Zone shall comply with the standards specified in § 280-15-12B(2)(m).
[Added 5-3-2022 by Order No. 21-494-01]
(f)
Install all electrical wire and utility connections, except
for transformers and controls, underground to the greatest practical
extent. The Planning Board shall consider prohibitive costs and site
limitations if asked to waive this standard.
(g)
Limit exterior lighting to that required for safety and operational
purposes.
(i)
Be appropriate to the surroundings and minimize environmental
and visual impacts on adjoining properties, including:
[1]
Screening ground-mounted installations from view
by abutting residential properties, using vegetation, topography,
and/or fencing.
[2]
Using a manufactured finish appropriate to and
compatible with the surroundings, with reflective characteristics
that minimize negative visual impacts to the greatest practical extent.
(j)
Shall plant native, non-invasive groundcover, which is low-maintenance,
drought resistant, and non-fertilizer dependent, under and between
rows of solar panels to prevent soil erosion.
[Added 5-3-2022 by Order No. 21-494-01[1]]
[1]
Editor's Note: This order also redesignated former Subsection
B(2)(j) through (l) as Subsection B(2)(k) through (m), respectively.
(k)
Be removed if it has not produced power for a period of twelve
(12) consecutive months. In the event of a natural disaster, act of
violence, or other event which results in the absence of electrical
generation for twelve (12) months, by the end of the twelfth (12th)
month of nonoperation the applicant shall demonstrate to the City
that the project shall be substantially operational and producing
electricity within twenty-four (24) months of the event. If such demonstration
is not made to the City's satisfaction, the decommissioning shall
be initiated eighteen (18) months after the event.
(l)
A performance guarantee in compliance with Article XVII shall be provided prior to initiating construction. The performance guarantee shall provide adequate funds to cover the total cost of decommissioning. Every five (5) years after the start of construction, updated proof of the cost of decommissioning shall be submitted to the City Engineer. If the amount of the current performance guarantee is inadequate to cover the total cost of decommissioning, the applicant shall provide a new performance guarantee to the Planning Department in an amount which is adequate to cover the total cost of decommissioning.
(m)
A USS in the Rural Residential Zone (RR) shall require conditional use approval by the Planning Board in accordance with Articles XIII and XVI and the following standards:
[1]
Shall not be sited on active farmland.
[2]
Shall minimize impacts on active farmland including, but not
limited to, fencing, use of waterways, obstructions created by placement
of structures and/or overhead collection lines, division of larger
fields into smaller or irregularly shaped fields, need for extensive
areas of cut and fill, among other factors that create a burden or
unreasonable impact on active farming activities.
[3]
Shall encourage siting on unproductive land and previously disturbed
land to the greatest extent possible. All topsoil disturbed during
construction shall be stockpiled and returned to the site.
[4]
Shall locate access roads and overhead collection lines along
the edge of agricultural fields in areas next to field boundaries
and hedgerows and in nonagricultural portions of the site. The width
of access roads shall be no larger than that required to meet the
fire code. Access roads that are proposed to be constructed through
agricultural fields shall be level with the adjacent field surfaces,
where possible.
[5]
Shall demonstrate how the site shall be restored to its original
state, including surface grade, soil, and vegetation, as part of removal
of infrastructure and decommissioning.[2]
[2]
Editor's Note: Former Subsection B(2)(m)[5], which required the planting of certain kinds of plants between rows of solar panels, was repealed 5-3-2022 by Order No. 21-494-01. For current provisions, see Subsection B(2)(j) of this section. Order No. 21-494-01 also renumbered former Subsection B(2)(m)[6] as Subsection B(2)(m)[5].
(n)
A USS in the Residential Development Overlay Zone (RDO) shall require conditional use approval by the Planning Board in accordance with Articles XIII and XVI and the following standards:
[Added 11-23-2021 by Order No. 21-494-01; amended 5-3-2022 by Order No. 21-494-01]
[1]
Shall not be sited on properties where public sewer and water
services can be extended and a compact pattern of residential development
can feasibly be developed in conformance with the purpose of the RDO
Zone.
[2]
Shall minimize impacts on nearby existing residential development
and/or residential zones, including, but not limited to siting, fences,
buffers, and/or screens.
[3]
Shall locate access roads and overhead collection lines to minimize
impacts on nearby existing residential development and/or residential
zones.
[4]
Shall demonstrate that stormwater, erosion control, and landscape
plans maintain water quality and minimize export of sediment, phosphorus,
and other contaminants from the site in support of the City’s
efforts to restore Goodall Brook by protecting the headwaters of Goodall
Brook and vulnerable water bodies in its watershed.
[Added 12-3-2019 by Order
No. 19-168-01]
Accessory apartments accessory to a single family residential
use shall be allowed as shown on the Table of Land Uses[1] and in conformance with the following standards:
A.
An accessory apartment shall only be created when the single family
character of the principal dwelling and property are maintained and
shall only be created in one (1) of the following ways:
(1)
Using space within the interior of an existing dwelling;
(2)
Building an addition onto an existing single family dwelling
such that the addition is made part of the principal structure or
is attached to the principal structure by a breezeway not exceeding
twenty (20) feet in length; or
(3)
Building a new detached structure or renovating an existing
free standing structure.
B.
An applicant shall submit the following information to the Code Enforcement
Officer;
(1)
A statement indicating that only one (1) unit will be rented.
C.
The Code Enforcement Officer, with concurrence of the Planning Director,
shall find that an accessory apartment conforms to the following standards.
The Code Enforcement Officer may ask the Planning Board to review
the request and make the determination if he or she finds that the
scale or complexity of the proposal or other elements warrant review
by the Board.
(1)
The owner of the property shall occupy either the principal
dwelling unit or the accessory apartment.
(2)
The single family dwelling and the accessory apartment shall
be in the same ownership. An accessory apartment shall not be sold
separately from the principal dwelling unit. Continued occupancy of
an accessory apartment upon sale or transfer of the property shall
be conditioned on the new owner agreeing to the owner occupancy requirement.
(3)
One (1) accessory apartment is permitted per lot.
[Amended 9-20-2022 by Order No. 22-440-01]
(4)
When creation of an accessory apartment changes the footprint
of the structure, the addition shall conform to all space and bulk
standards, except for density, in the zoning district where the property
is located. An accessory apartment shall not be counted as a unit
when calculating units per acre. The creation of an accessory apartment
within a lawfully nonconforming structure is permitted provided that
it does not increase the nonconformity of the structure and meets
all other relevant standards of this chapter.
[Amended 9-20-2022 by Order No. 22-440-01]
(5)
If an addition or new construction is proposed or existing exterior
features are proposed to be altered to accommodate an accessory apartment,
the applicant shall document the proposed alterations, including but
not limited to facade materials, building form, roof pitch and materials,
and the placement of exterior doors and windows. The exterior features
shall be designed to be compatible with the architectural style of
the principal dwelling and shall preserve the single family appearance
of the property. If the entrance to an accessory apartment is not
the same as that for the principal dwelling unit, it shall be less
visible from the street view than the main entrance of the principal
dwelling unit and the front entrance for the principal dwelling shall
be more dominant in appearance.
(6)
If an addition or new construction is proposed, the orientation
of an accessory apartment shall, to the maximum extent practical,
maintain the privacy of residents in abutting properties as determined
by the physical characteristics surrounding the accessory apartment,
including but not limited to landscaping, screening, fencing, and
window and door placement. The Code Enforcement Officer may require
additional landscaping or buffering to preserve privacy of abutting
residential properties and the single family character of the neighborhood.
If the applicant disagrees with the Code Enforcement Officer's requirement
for additional landscaping or buffering, he or she may request that
the proposal be reviewed by the Planning Board.
(7)
In no case shall an accessory apartment occupy more than forty
percent (40%) of the living area of the principal dwelling unit or
one-thousand (1,000) square feet, whichever is less, or have more
than three (3) bedrooms.
(8)
Parking may be in stacked layout and shall meet the minimum standards of this chapter, including § 280-15-13C(6). The location and amount of new impervious cover and parking shall be sized and situated so as to be compatible with adjacent properties and maintain the single family character of the neighborhood. If more than two (2) new parking spaces are proposed, the application shall require approval by the Planning Board under the standards in § 280-15-13.
[1]
Editor's Note: The Table of Land Uses is included as an attachment to this chapter.
