City of Belfast, ME Nonresidential Development Standards

The minimum lot size of one acre and minimum frontage requirement of 200 feet for a lot with frontage on Route 3/Main Street, Crocker Road, or Lincolnville Avenue (reference section 102-771, dimensional standards for the Route 3 Commercial District, subsections (a) and (b)), shall increase in accordance with the following table to support a use or uses located on a single lot that generate volumes of vehicular traffic per peak hour (vtpph), that meet or exceed the following standards. The volume of traffic shall be determined by the Institute of Transportation Engineers, Transportation and Traffic Engineering Handbook, Volume "_____" and as may be revised from time to time, or by a site specific traffic survey that is conducted by the applicant and reviewed and accepted by the code enforcement officer or Planning Board.

Amount of Traffic (vtpph)		Minimum Lot Size (in acres)	Minimum Frontage Requirement (in lineal feet)
(1)	100 or less	1	200
(2)	101—150	1.25	225
(3)	151—200	1.5	250
(4)	201—250	1.75	275
(5)	251—300	2	300
(6)	Over 301	2.5	400

The minimum lot size requirement identified in subsection (a) (above) for a lot which has frontage on Route 3/Main Street, Crocker Road, or Lincolnville Avenue, and that uses a joint access drive onto the respective road (identified above) on which it fronts as its main means of two-way access, may be reduced by a maximum of three of the above increments (example standard (4) to (1)), but in no case may the resultant lot be less than the minimum lot size requirement of one acre.

The minimum lot frontage requirement identified in subsection (a) (above) for a lot which has frontage on Route 3/Main Street, Crocker Road, or Lincolnville Avenue, and that uses a joint access drive onto the respective road (identified above) on which it fronts as its main means of two-way access, may be reduced by a maximum of 75 feet from the standard identified in subsection (a)(1)-(6), but in no case may the resultant amount of frontage be less than 150 feet.

Any lot created on or before January 23, 2001 that does not meet the subsections (a)-(c) minimum lot size and minimum lot frontage requirements, on which a use is located on or before January 23, 2001 that generates traffic volumes greater than 101 vtpph may continue to be used for the existing use. An expansion of the existing use is permitted, provided that the vtpph traffic volume that exists on the date of the requested expansion, does not increase by greater than 25%. This is a maximum lifetime expansion.

(e)

Any lot created prior to the enactment of this division (January 23, 2001) that does not meet the required dimensional standards, on which a use is located on or before January 23, 2001, that generates traffic volumes greater than 101 vtpph, and for which a change of use is requested, the requested change of use may be approved provided it does not involve an increase in traffic volume that is greater than 25% of the traffic volume of the former use based on vtpph.

Sec. 102-1183 Minimum front setback and buffer yard requirements for nonresidential structures.

[Ord. No. 48-2001, 1-23-2001; Ord. of 1-29-2008(2)]

Any new structure or expansion of an existing nonresidential structure that is constructed on or after January 24, 2001, that has frontage on Route 3/Belmont Avenue/Main Street, Crocker Road or Lincolnville Avenue, shall comply with the following minimum front setback requirements for structures, and the following minimum buffer yard requirements:

Structure Size (in square feet)	Amount of Front Setback (in feet)	Amount of Front Buffer Yard (in feet)
Less than 5,000	30	30
5,001—15,000	35	35
15,001—30,000	40	40
30,001—50,000	50	50
50,001—75,000	75	60
Greater than 75,000	Prohibited	Prohibited

Any new structure or expansion of an existing nonresidential structure that is built after January 24, 2001, that has frontage on street, road or driveway that is not identified in subsection (a) shall comply with the following minimum front setback requirements for structures, and the following minimum buffer yard requirements:

Structure Size (in square feet)	Amount of Front Setback (in feet)	Amount of Front Buffer Yard (in feet)
Less than 5,000	30	15
5,001—15,000	30	15
15,001—30,000	40	15
30,001—50,000	40	15
50,001—75,000	50	20
Greater than 75,000	Prohibited	Prohibited

All setbacks shall be measured from the property line, and the applicant shall be responsible for verifying that all setback requirements are met. The applicant shall provide a survey to identify property lines and setback requirements, unless the code enforcement officer or Planning Board deems that a survey is not practical or warranted. In such cases, the applicant may use a MDOT or City road layout or right-of-way, a property deed or similar information to determine the minimum amount of setback required.

The amount of the buffer yard must be located on property owned or controlled by the owner, and shall not include any land area located within an established right-of-way for determining the amount of buffer yard. Parking spaces are prohibited in the buffer yard area, and roads/driveways shall only be permitted to the extent that such must cross the buffer yard area to access the area proposed for development. The only structures permitted in the buffer yard, when there is no practical alternative as determined by the Planning Board, are utilities, stormwater management control facilities, and essential services.

Sec. 102-1184 Minimum side setback and buffer yard requirements.

[Ord. No. 48-2001, 1-23-2001; Ord. of 1-29-2008(2)]

The minimum side setback for a nonresidential structure that provides a joint access drive to one or more adjacent uses is 15 feet. The minimum side buffer yard requirement for a nonresidential structure that provides a joint access drive to one or more adjacent uses is 10 feet.

The minimum side setback for a nonresidential structure that does not provide an access to at least one abutting use shall be 25 feet. The minimum side buffer yard requirement for a nonresidential use that does not provide an access to at least one abutting use shall be 15 feet. The Planning Board may choose not to impose this requirement, particularly for existing structures and uses that do not satisfy this requirement, if it determines that a joint access drive is not practical or does not serve a public purpose.

A nonconforming structure that does not comply with the minimum side setback requirements may expand, provided none of the structure is located closer to the side lot line than the existing structure, and the applicant complies with the performance standards for the Route 3 Commercial District to the greatest extent practical, as determined by the Planning Board.

Sec. 102-1185 Minimum rear setback and buffer yard requirements.

[Ord. No. 48-2001, 1-23-2001; Ord. of 1-29-2008(2)]

The minimum rear setback and rear buffer yard for a nonresidential structure that does not abut a residential use that existed at the date of application for the nonresidential use, or that abuts only other nonresidential uses or properties located entirely within the Route 3 Commercial District, is 15 feet.

The minimum rear setback and rear buffer yard for a nonresidential structure that abuts one or more residential uses that existed at the date of application for the nonresidential use, is 40 feet.

A nonconforming structure that does not comply with the minimum rear setback requirement may expand, provided the following requirements are met: none of the structure is located closer to the rear lot line than the existing structure; the expanded structure and use will not adversely impact any existing residential uses, as determined by the Planning Board; and the applicant complies with the performance standards for the Route 3 Commercial District to the greatest extent practical, as determined by the Planning Board.

Sec. 102-1186 Minimum buffer yard planting requirements for nonresidential uses.

[Ord. No. 48-2001, 1-23-2001]

The required buffer yards shall be landscaped to present an attractive appearance to the site, particularly the front buffer yard and the entrance, and to provide a vegetative screen for the site from abutting uses, particularly residential uses.

All side and rear buffer yards shall be preserved in their natural states, insofar as practical and appropriate, by minimizing tree removal, and by controlling any grade changes so that they are compatible with the general appearance of neighboring developed areas. The applicant shall submit a landscape plan for all buffer yards, preferably prepared by a landscape architect licensed in the State of Maine. The Planning Board may require the submittal of alternative landscape plans if it determines that site conditions warrant consideration of landscaping alternatives.

For purposes of this subsection, a "canopy tree" is a deciduous tree that reaches at least 35 feet in height at maturity and at time of planting has a minimum 2.5-inch caliper as measured six inches above the ground and a height of at least eight feet. An "evergreen tree" reaches 10 to 35 feet in height at maturity and at time of planting has a minimum of 2.5-inch caliper as measured six inches above the ground and a minimum height of at least six feet. A "small flowering tree" is a decorative or ornamental tree (example, flowering crab) that reaches a height of greater than eight feet at maturity and at time of planting has a minimum 1.5-inch caliper as measured six inches above ground and a height of a least six feet. A "shrub" reaches two to 10 feet in height at maturity and at planting shall be at least 18 inches in height. A "flower garden" is a label attached to an area that measures at least 50 square feet in size and that contains a variety of annual or perennial flowers and/or ground cover plantings.

The species of vegetation identified in subsection (b) above, shall have the following values for the purposes of determining compliance with the planting requirements for the buffer yards:

One canopy tree shall be equal to 10 plants units.

One evergreen tree shall be equal to 10 plant units in the rear buffer yard and five plant units in the front or side buffer yard.

One small flowering tree shall be equal to five plant units in the front or side buffer yard and one plant unit in the rear buffer yard.

One shrub shall be equal to one plant unit.

One flower garden shall be equal to five plant units in the front buffer yard, two plant units in the side buffer yard, and no plant units in the rear buffer yard.

Further, each canopy, evergreen or small flowering tree that exceeds the minimum standard by 1.5 times or greater, shall be equal to 1.5 times the number of points assigned to a tree or shrub that satisfies only the minimum standard.

Further, each mature canopy of [or] evergreen tree existing in a buffer yard prior to development and that is retained in good condition shall be awarded double the plants units assigned to a newly planted tree.

(8)

All tree and other vegetation proposed for the buffer yard shall be of a species appropriate to environmental conditions which exist on the site and in the City and shall be appropriately positioned on the property.

A nonresidential use that obtains a permit for a use or structure after January 24,2001 shall provide the minimum amount of plant units per 100 lineal feet or fraction thereof (as measured in ten-foot increments) for the buffer yards identified in section 102-1183, 102-1184 and 102-1185. For the purposes of implementing this section, the number to the left in the following chart is the amount of plant units that an applicant must provide, and the number to the right is the guideline that the applicant and Planning Board or CEO should use for the amount of such plant units that should be canopy trees. The City, however, recognizes that all sites are not the same, and that a landscape plan and plantings may be unique to a respective site. The City encourages flexibility to ensure all plantings enhance site appearance and are harmonious with all structures and uses on the site and with abutting sites and uses, and grants the Planning Board, when it deems appropriate, the authority to alter the amount of specific types of plant units identified in the guidelines (the right side column).

Structure Size (in square feet)	Front Buffer Yard	Amount of Planting Side Buffer Yard	Rear Buffer Yard*
Less than 5,000	50—30 pts	30—0 pts	30—20 pts
5,001—15,000	60—30	30—0	30—20
15,001—30,000	70—40	30—0	40—30
30,001—50,000	80—40	30—0	45—30
50,001—75,000	100—50	30—0	50—30
Greater than 75,000	Prohibited	Prohibited	Prohibited

	NOTES:
	*	The rear buffer yard planting requirement shall be no less than 100-80 for any use that abuts a residential area.

(e)

A nonresidential use that obtained a use permit prior to January 24,2001, or that occupies a structure constructed prior to January 24,2001, that proposes to expand the use or structure or change the use, or a nonresidential use that obtained a use permit after January 24,2001 and that occupies a structure constructed prior to January 24,2001, that proposes to expand the use or structure or change the use, that cannot fully satisfy these landscaping requirements for buffer yards (reference sections 102-1183, 102-1184, 102-1185, and 102-1186(a)-(d)) shall satisfy these landscaping of buffer yard requirements to the greatest extent practical. The Planning Board shall determine if an existing use or structure cannot satisfy these landscaping requirements and what constitutes greatest extent practical. The Planning Board may require additional plantings, fencing, larger buffer yards, or similar measures to compensate for the applicant providing less than the amount of landscaping required.

(f)

A new use or nonresidential structure, particularly an industrial structure, that does not fully comply with the structure design guidelines identified in section 102-1187, shall provide a minimum of 1.5 times the amount of front and side buffer yard plantings as required in this section 102-1186.

(g)

All landscaping materials planted in the buffer yard shall be well maintained and any plants which die shall be replaced within one growing season. Any mature tree which was used to satisfy the required number of plant units which dies within five years of the issuance of a permit shall be replaced with two canopy or evergreen trees within one growing season of the time the mature tree dies. The CEO or Planning Board shall have the authority, as a condition of permit approval, to require the applicant to provide a schedule and program to maintain all site landscaping.

Sec. 102-1187 Nonresidential structure design requirements.

[Ord. No. 48-2001, 1-23-2001]

The structure design standards are intended to ensure that new nonresidential developments positively contribute to the character of the Route 3 area and the City. Route 3 is a gateway to the City and new development shall use building styles, building materials, and site layouts that help create a vibrant, well-functioning and attractive area in which to eat, shop, obtain services, and work. These standards are not rigid guidelines, and applicants are encouraged to use creativity in proposing imaginative and attractive new development. Similarly, the Planning Board or CEO should use flexibility in its review of proposed development and the application of these standards to help achieve the City's goal.

Structure orientation. New structures must be well oriented to site characteristics and preferably should present their "best face" toward the main access road (Route 3, Crocker Road, Lincolnville Avenue or Starrett Drive) on which the structure fronts. Further, if the site uses an interior access drive for its main access, and the structure is oriented to this access drive, the applicant shall present "attractive faces" on both the main access road and the interior access drive. This approach routinely includes the construction of an entrance and accompanying sidewalk on the side of the best face, and on any side that faces a public street or service road. No blank facades, service doors or loading areas (potential exceptions for auto service and repair facilities) shall be located on the side facing the main access road or an interior access drive.

Facades and exterior walls. Facades and exterior walls shall comply with the following requirements:

The facade and exterior walls shall complement the building style proposed by the applicant and shall present an attractive appearance. Further, the relationship of the width to the height of the principal elevations shall be visually compatible with structures, public ways, and open spaces to which it is visually related.

Facades greater than 100 feet in length measured horizontally, should incorporate wall plane projections or recesses that have a depth of at least 3% of the length of the facade and extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.

Ground floor facades that face public streets or interior access drives should use building features such as arcades, display windows, entry areas, awnings and other such features along a significant portion of their horizontal length to present an attractive facade.

Building facades should include a repeating pattern that includes no less than three of the following elements:

Color change;

Texture change;

Material module change; or

An expression of architectural or structural bays through a change in plane, such as an offset, reveal or projecting rib that is no less than 12 inches in width.

At least one of elements 1., 2., or 3., should repeat horizontally. All elements should repeat at intervals of no more than 30 feet, either horizontally or vertically.

Roof design. The shape of the roof shall complement the building style proposed by the applicant and shall present an attractive appearance. The shape of the roof shall also consider the shape of roofs on structures to which it is visually related. The City requires that all roofs have no less than two of the following features, and expressly prohibits any long run of a flat roof design:

Parapets concealing flat roofs and rooftop equipment, such as HVAC units from public view. The average height of such parapets should not exceed 15% of the supporting wall and such parapets should not at any point exceed 1/3 of the height of the supporting wall. The parapets should also include three dimensional cornice treatments or other architectural details to break up the roof line and to provide more character to the exterior face.

Overhanging eaves that extend no less than three feet past the surrounding walls.

Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to a pitch of 3 in 12.

Three or more roof slope planes.

Building materials and colors. The type and color of materials used shall complement the building style proposed by the applicant and shall present an attractive appearance. The color and texture of materials used shall consider the colors and texture of materials used on structures to which it is visually related.

Predominant exterior building materials shall be high quality materials, including but not limited to, brick, stone, tinted/textured concrete masonry units, wooden clapboards and wood shingles. Clapboards also may be vinyl, provided the vinyl is a high quality material and the applicant uses accents to finish the installation.

Facade colors shall routinely be low reflectance, subtle and harmonious with the structure. The use of high-intensity colors, metallic colors, black or fluorescent colors should generally be avoided.

Building trim and accent areas may feature brighter colors, including colors that are compatible with the main facade colors, and should be used in good proportion to the main facade colors. Neon tubing shall be discouraged as an acceptable feature for building trim or accent areas, unless it is low-stated and it is compatible with the appearance of the building and the area.

Exterior building materials generally shall not include smooth-faced concrete block, concrete panels or prefabricated steel panels. These materials, however, may be found to be acceptable for structures that do not front directly on a public street and that are located to the rear of the primary structure located on the same parcel. Further, structures that use such materials shall use appropriate amounts of landscaping to break up the appearance of the structure.

Applicants are encouraged to incorporate the use of windows in the structure design, particularly for any facade that the public uses to enter a structure. Window scale and the treatment of the window shall be compatible with the building design. The City discourages any building facade to include greater than 50% of the building as glass.

Entryways. The entryways to the building shall complement the building style proposed by the applicant, the relationship of the building to the site access, and shall present an attractive appearance, and a functional entrance.

Each structure or use on a site shall have clearly defined, highly visible customer entrances featuring no less than three of the following: canopies or porticos, overhangs, recesses/projections, arcades, raised corniced parapets over the doors, peaked roof forms, arches, outdoor patios, display windows, architectural details that are integrated into the building structure and design, or integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

Where additional stores are located in a large retail establishment, each store shall have at least one exterior customer entrance that conforms to the requirements in subsection a. above.

Buildings of special, merit. The City recognizes that an applicant may choose to propose a building design that satisfies the intent of the City requirement for an attractive building design, but that does not satisfy one or more of the criteria identified in this section. The Planning Board shall have the authority to allow an alternative building design for a building of "special merit" that satisfies the intent of this standard, and, in the findings of the Planning Board, positively contributes to the character of the Route 3 area and the City.

Sec. 102-1188 Parking areas – Amount and layout of parking.

[Ord. No. 48-2001, 1-23-2001; Ord. of 1-29-2008(2)]

A nonresidential use shall provide an adequate amount of parking for the proposed use; reference chapter 98, article VIII, to determine the minimum amount of parking required. The design and layout of the parking area shall be harmonious to the use, structures and site and, if practical, to abutting uses, structures and sites. The City encourages creativity in the design of all parking areas to enhance how the site functions, to reduce the total amount of area devoted to parking, to reduce the scale and bulk of parking areas, to encourage joint use parking between adjacent sites, and to enhance the appearance of the site, particularly the view of the site from the respective main public road corridor. The design and layout of the parking area shall conform to the following standards:

A use that requires 40 or less parking spaces may locate a maximum of 10 spaces to the front of the building, provided that the following standards are met:

The 10 (or less) parking spaces are well oriented in relation to the site;

There is a pedestrian walkway that connects these parking spaces to the structure; and

There is an appropriately landscaped green strip of no less than four feet located between this parking area and the structure.

All other parking shall be located to the side or rear of the structure. If applicable, this standard also is subject to the requirements of subsection (2).

Notwithstanding the provisions of subsection (1), a use that has frontage on either Route 3/Belmont Avenue/Main Street or Lincolnville Avenue, and that requires 40 or less parking spaces, may locate a maximum of 10 spaces in the area between the structure and either Route 3/Belmont Avenue/Main Street or Lincolnville Avenue, regardless of the street or interior access road to which the structure is oriented. All other parking spaces shall be located in an area that is not located between the structure and either Route 3/Belmont Avenue/Main Street or Lincolnville Avenue.

A use that requires 41 or more parking spaces may locate a maximum of 20% of the parking spaces directly in front of the structure (corners of the main facade) in the area between the street/access drive on which the structure fronts and the structure. Further, a maximum of 20% of the remaining parking spaces may be located between the street/access drive and the structure (beyond the corners of the main facade) and to the side of the structure in the area that would be considered the front yard. A parking layout that locates parking in either of these two areas must satisfy the following standards:

The parking spaces shall be well oriented to the site;

There shall be a pedestrian access way between the structure and the parking areas;

There shall be an appropriately landscaped green strip that is preferably 10 feet but no less than four feet in width located between the structure and the parking area;

The use of parking cells to break up the parking areas; and

The use of berms, landscaping or similarly acceptable amenities to effectively screen the parking in the area between the structure and either Route 3/Belmont Avenue/Main Street or Lincolnville Avenue, regardless of the orientation of the building.

All other parking shall be located to the side or rear of the structure. If applicable, this standard also is subject to the requirements of subsection (4).

Notwithstanding the provisions of subsection (3), a use that has frontage on either Route 3/Belmont Avenue/Main Street or Lincolnville Avenue, and that requires 40 or more parking spaces, may locate a maximum of 20% of the parking spaces in the area between the structure and either Route 3/Belmont Avenue/Main Street or Lincolnville Avenue, regardless of the street or interior access road to which the structure is oriented. All other parking spaces shall be located in an area that is not located between the structure and either Route 3/Belmont Avenue/Main Street or Lincolnville Avenue.

Notwithstanding the provisions of subsections (1)-(4), the Planning Board may grant a waiver to these standards to allow a use that has special customer service demands, such as but not limited to a lumber yard, to locate a greater percentage of the parking to the front of the structure, including the area between the structure and Route 3/Belmont Avenue/Main Street or Lincolnville Avenue. The Planning Board must make a finding that the specific needs of this use require that a greater percentage of the parking spaces are located to the front of the structure, and that locating spaces to the front of the building does not cause a concern with internal circulation on the site. The board may require compensatory measures, such as but not limited to additional landscaping, berms, fencing, or similar amenities, as a condition of the waiver. A minimum of 75% of the board must vote in the affirmative to grant the waiver.

Uses that require a significant amount of parking, more than 75 vehicles, shall use parking cells to assist in managing the visual impact and scale of the parking areas. The Planning Board shall use the following guidelines to implement this provision:

Each parking cell should contain no more than 70-100 parking spaces;

The maximum length of any parking row should not exceed 225 feet;

Landscaping of the parking cells shall comply with requirements of section 102-1189, landscaping requirements for parking areas; and

The layout of the parking cells shall be served by well defined internal circulation routes for vehicles and pedestrians.

All parking spaces shall be paved, unless the CEO or Planning Board authorizes the use of a gravel parking lot for environmental considerations.

Sec. 102-1189 Parking areas – Landscaping requirements.

[Ord. No. 48-2001, 1-23-2001; Ord. of 1-29-2008(2)]

Parking lots shall be effectively landscaped with trees and shrubs to reduce the visual impact of glare, headlights, and parking lot lights from the public right-of-way and from adjoining properties, and to present an attractive appearance to the site. The landscaping of all parking lots for a nonresidential use shall satisfy the following standards:

The applicant shall provide an eight-foot-wide landscaped strip planted with canopy trees and low shrubs around the perimeter of all parking areas located to the side or rear of a structure. A minimum of one canopy tree that is equal to 10 plant units shall be provided per every 40 feet of parking lot perimeter. A minimum of two plant units of shrubs shall be provided for every 10 feet of parking lot perimeter. The vegetated buffer yards required in the front, side or rear setback area may be used to satisfy the landscape requirements for parking lots when the respective parking lot abuts the buffer yards on one or more sides. The guideline for determining plant units is defined in section 102-1186(b) and (c).

The applicant shall provide a continuous landscape strip that is a minimum of eight feet in width between every four rows of parking which contain five or more cars per row. A minimum of one canopy tree equal to 10 plant units shall be provided for each 40 feet of length or fraction thereof of the landscape strip. A minimum of two plant units of shrubs shall be provided for each 10 feet of length of the landscape strip.

The applicant shall provide the following planting islands if the size of the parking area warrants such islands:

A planting island that is a minimum of 200 square feet in size shall be provided at each end of all parking rows that contain 12 or more parking spaces.

A planting island that is a minimum of 100 square feet in size shall be provided in the interior of any parking row that is greater than 100 feet in length, and for each 100 lineal feet or fraction thereof of length of the parking row.

All planting islands shall include one canopy tree equal to 10 plant units, and other appropriate landscaping material that accentuates the appearance of the planting island.

The Planning Board shall encourage and may require the use of a vegetated landscape berm to lessen the visual impact of parking areas that are located to the front or side of a structure. A landscape berm that is 30 inches or more in height shall be equal to 20 plant units per 100 lineal feet or fraction thereof of berm. A landscape berm that is 15 inches or more in height shall be equal to 10 plant units per 100 lineal feet or fraction thereof of berm.

Notwithstanding the above provisions, the applicant may submit and the Planning Board may consider an alternative landscape plan for the siting of landscape areas that provides an equal or greater amount of landscaping required by this division.

Sec. 102-1190 Curb cuts and site access.

[Ord. No. 48-2001, 1-23-2001; Ord. of 1-29-2008(2)]

The purpose of these standards is to allow the minimum number of curb cuts (points of site access) on a site to enable its safe and efficient use, and to assist in retaining safe and efficient traffic patterns on the City's main road corridors, particularly Route 3/Belmont Avenue/Main Street and Lincolnville Avenue. The Planning Board shall consult with the department of public safety, department of public works, City engineer (if City engineer is involved with review of the project), and MDOT (if required by state standards) in making a decision regarding the location and number of curb cuts.

Safe unobstructed access to and from the site shall occur by providing an adequate number, design and location of access points with respect to sight distances, intersections, traffic generators, all types of vehicles having occasion to enter the site and adjoining properties.

All properties in existence on or before January 23, 2001 that have no existing curb cuts or only one existing curb cut shall be restricted to one main (two-way) curb cut onto Route 3/Belmont Avenue/Main Street, Lincolnville Avenue, or Starrett Drive. The Planning Board may grant an exception to this standard for properties that have 500 feet or more of frontage.

All properties that were developed on or before January 23, 2001 that have two or more existing curb cuts may retain the existing curb cuts to serve the existing development, an expanded development or a change of use, if the Planning Board finds the following:

That the existing curb cuts are critical to allow the safe and efficient use of the site;

That the applicant has fully examined alternatives that could result in the elimination of one or more of the existing curb cuts, and the board finds that there is no reasonable alternative to retaining the present curb cuts; and

That the applicant has fully examined and implemented, when deemed practical by the Planning Board, alternatives that allow the joint use of one or more of the access drives, or that the applicant has provided a means to connect the existing site to one or more of the adjacent sites.

If the board does not make a positive finding that the above requirements are met, the applicant shall be required to eliminate one or more of the existing curb cuts to bring the existing nonconforming property into greater conformance with City requirements.

The Planning Board may allow the use of one or more restricted access right-turn entrance or exit only lanes, provided that the board makes the following findings:

The restricted lane will benefit traffic circulation and safety on the main road, Route 3/Belmont Avenue/Main Street, Lincolnville Avenue, Starret Drive or an internal access drive;

The restricted lane will benefit internal traffic circulation;

The site has 250 feet or more of frontage; and

There is adequate separation between the restricted lane and other curb cuts on the site and on other sites in project area.

The applicant shall provide a minimum separation of 75 feet between all curb cuts, and 150 feet or more of separation is preferred. The Planning Board may waive this requirement for good cause, as demonstrated by the applicant, if no reasonable alternative exists.

All means of ingress/egress (site access points) onto a public road shall be designed according to the following standards of safe sight distance. The CEO or Planning Board, however, shall not use this section as the sole criterion for rejecting an application unless all possible ingresses/egresses are deemed to be unsafe due to poor sight distances.

Posted Speed Limits (in mph)	Minimum (in feet)	Recommended (in feet)
25	175	250
30	210	300
35	245	350
40	280	400
45	315	450
50	350	500
55	385	550

All means of ingress/egress (site access points) onto a private access drive shall satisfy the above standards to the greatest extent practical. The CEO or Planning Board shall be responsible for determining what constitutes to the greatest extent practical.

The applicant shall provide direct connections and safe street crossings to adjacent land uses and properties, and allow the shared use of these connections, unless the Planning Board deems that one or more of the connections are not appropriate. The direct connection(s) shall involve the construction of the needed access way or the reservation of the right-of-way to an adjacent parcel. If the project involves the reservation of a right-of-way, the Planning Board may require the applicant to escrow funds to construct the connection at a future date.

(8)

An applicant shall identify how bicycle and pedestrian access to the site can occur, and shall examine the amount of bicycle and pedestrian use of the site that may occur. This analysis shall consider the factors such as the following: the extent of bicycle and pedestrian facilities that exist in the area at the time of application; the potential need for such facilities in the area; City or state plans to construct or designate bicycle and pedestrian facilities in the area; and how bicycle and pedestrian use of the area can be achieved. The code enforcement officer or Planning Board shall review this analysis and determine if the applicant must construct improvements to facilitate bicycle or pedestrian access to the site.

Sec. 102-1191 Internal circulation.

[Ord. No. 48-2001, 1-23-2001]

An applicant shall provide safe internal circulation within the site for vehicles, pedestrians and bicyclists. The applicant shall comply with the following standards to help satisfy this requirement:

To the maximum extent practical, pedestrians and vehicles shall be separated through the provision of a sidewalk or walkway. Where complete separation of pedestrians and vehicles is not feasible, potential hazards shall be minimized by using landscaping, special paving, striping, signage, and other means to clearly delineate pedestrian areas.

The applicant shall provide unobstructed vehicular access to and from a public street for all off-street parking spaces, and shall provide well-defined circulation routes for vehicles, pedestrians and bicycles. Further, all entrances and exits to the site and any parking area shall be located an adequate distance from the public way to eliminate queueing of motor vehicles into the public way.

Standard traffic control signs and devices shall be used to direct traffic where necessary throughout the site and the parking areas.

The site layout and design shall anticipate the needs of users and provide continuity between vehicular circulation, parking, pedestrians, and bicycle circulation. Pedestrian drop-off areas shall be provided where needed, particularly for uses that serve children or the elderly.

The site layout and design shall consider how truck circulation will occur throughout the site, and shall ensure that such circulation does not adversely impact vehicular, pedestrian and bicycle safety. All loading and off-loading areas shall occur in locations or at times that do not affect public safety.

The applicant, if deemed appropriate by the Planning Board, shall provide amenities, such as bicycle racks, to encourage bicycle use.

Sec. 102-1192 Utilities.

[Ord. No. 48-2001, 1-23-2001]

A nonresidential use shall provide adequate utilities and services that comply with requirements of this section.

The use shall have a water supply of adequate quality and quantity. A water supply may be a private well, a central water supply approved by the state department of human services, or a public water supply. An applicant, however, shall be required to connect to the public water supply unless the Planning Board, after consultation with the City water district, determines that the cost of the extension is prohibitive for the use proposed, and that a good quality and quantity private source of water can be provided.

The use shall have an approved method of sewerage disposal. Private sewage disposal may be used provided the system satisfies City subsurface wastewater disposal ordinance and state requirements. No permanent use may use portable toilets for sewage. Public sewage disposal may be used subject to approval of the City. A nonresidential use located within 750 feet of a public sewer system shall connect to the system unless the Planning Board determines the cost of the extension is prohibitive for the use proposed and a good quality method of private sewage disposal can be provided.

All electric, telephone, television, and similar service shall be located underground, unless the Planning Board determines the underground service is cost prohibitive, may adversely impact natural resource features on the site, and there are well located existing overhead services to adjacent properties.

All satellite dishes, microwaves, and similar structures used for transmission or reception purposes shall be located to minimize adverse visual impacts. The planning board shall consider that functional requirements for this equipment in rendering a decision regarding the location of such equipment.

Sec. 102-1193 Noise.

[Ord. No. 48-2001, 1-23-2001]

Excessive noise at unreasonable hours shall be required to be muffled so as not to be objectionable due to intermittence, beat, frequency, shrillness or volume (refer to table below). The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced by any commercial or industrial activity regulated by this division shall be established by the time period and type of land use listed below. Sound pressure levels shall be measured on a sound level meter at all major lot lines of the proposed site, at a height of at least four feet above the ground surface.

Sound Pressure Level Limit
	7:00 a.m.—9:00 p.m.	9:00 p.m.—7:00 a.m.
Commercial activities	60 db(A)	55 dB(A)
Industrial activities	70 db(A)	55 db(A)

The levels specified above may be exceeded by 10 dbA for a single period, not longer than 15 minutes, in any one day.

Noise shall be measured with a sound level meter meeting the standards of the American National Standards Institute (ANSI S1 4-1961) "American Standard Specification for General Purpose Sound Level Meters". The instrument shall be set to A-weighted response scale and at the meter to the slow response. Measures shall be conducted in accordance with ANSI S1 2-1962 "American Standard Method for the Physical Measurements of Sound", or such standard as may be amended from time to time. The City code enforcement officer, however, may use a portable sound meter available to the City to establish potential noise levels. If the code enforcement officer registers a noise level that is either near to or greater than the above standards, the officer may use these results to require the property owner to conduct a sound level analysis from a licensed engineer that fully complies with the above standards and to present these results to the code enforcement officer for analysis. Further, the planning board may require a noise level study for any use which requests a permit from the City.

No person shall engage in, cause, or permit any person to be engaged in very loud construction activities on a site (active construction area) located within 750 feet of any residential use between the hours of 8:00 p.m. of one day and 7:00 a.m. of the following day. Construction activities shall be subject to the maximum permissible sound level specified for industrial districts for the periods within which construction is to be completed pursuant to any applicable building permit. The following uses and activities shall be exempt from the sound pressure level regulations:

Noises created by construction and maintenance between 7:00 a.m. and 8:00 p.m.

The noises of safety signals, warning devices and emergency pressure relief valves and any other emergency activity.

Traffic noise on existing pubic streets, railways or airports.

Sec. 102-1194 Dust, fumes, vapors and gases.

[Ord. No. 48-2001, 1-23-2001]

The emission of dust, dirt, fly ash, fumes, vapors and gases which could endanger human health, animals, vegetation, or property, or which could soil or stain persons or property, at any point beyond the lot line of the nonresidential establishment creating that emission shall be prohibited. All such activities also shall comply with applicable federal and state regulations.

Sec. 102-1195 Odor.

[Ord. No. 48-2001, 1-23-2001]

No land use or establishment shall be permitted to produce offensive or harmful odors perceptible beyond their lot lines, whether at ground or habitable elevation.

Sec. 102-1196 Glare/lighting.

[Ord. No. 48-2001, 1-23-2001]

The purpose of this standard is to focus on the physical effects of lighting, as well as the effect that lighting may have on a surrounding area. Exterior lighting shall be evaluated to ensure that the functional and security needs of the project are met in a way that does not adversely affect the adjacent properties and surrounding area. No nonresidential use shall be permitted to produce a strong, dazzling light or reflection of that light beyond its lot lines onto neighboring properties so as to diminish a person's enjoyment of their property, or onto any City way so as to impair the vision of the driver of any vehicle upon that City way.

The following chart identifies minimum lighting levels for outdoor facilities used at night (Illuminating Engineering Society Lighting Handbook).

Area/Activity	Footcandle
Around the building	1.0
Walkways along roadside	0.9
Pedestrian stairways	0.3
Loading and unloading platforms	5.0
(Provided there is a barrier that separates this platform from an abutting residential use)
Parking areas	1.0

Lighting of a nonresidential site shall comply with the following standards:

Background spaces like parking shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and/or protecting people and property. Foreground spaces, such as building entrances and plaza seating areas, shall use local lighting that defines the space without glare.

Light sources shall be concealed and fully shielded and shall feature sharp cut-off capability so as to minimize up-light, spill-light, glare and unnecessary diffusion on adjacent property.

The style of light standards and fixtures shall be consistent with the style and character of architecture proposed on the site. Poles shall be anodized or otherwise painted to minimize glare from the light source.

Light sources must minimize contrast with the light produced by surrounding uses, and must produce an unobtrusive degree of brightness in both illumination levels and color rendition. Incandescent and high pressure sodium light sources all can provide adequate illumination with low contrast and brightness and are permitted light sources if the light source is consistent with the other standards.

Light levels measured 20 feet beyond the property line of the development site shall not exceed 0.1 footcandle as a direct result of the on-site lighting.

Outdoor display lots for vehicle sales and leasing shall comply with the requirements of this section. In addition, display illumination shall be reduced within 30 minutes after closing so that the remaining illumination levels are sufficient for security purposes only.

Upon request of the applicant, the planning board may approve an alternative lighting plan that may be substituted in whole or in part for a plan meeting the standards of this section.

(8)

The code enforcement officer may use the above standards to determine if an existing use (a use that existed on or before January 23, 2001) complies with these lighting requirements. If an existing use does not comply, the code enforcement officer and the property owner shall examine feasible alternatives to achieve greater compliance with the requirements of this section. This may include the code enforcement officer preparing a compliance plan that requires the existing use to change existing lighting within a three-year time period of the issuance of a compliance order.

Sec. 102-1197 Stormwater management.

[Ord. No. 48-2001, 1-23-2001]

The applicant shall be responsible for controlling surface water run-off and detaining it on-site to the greatest extent practical. Further, the applicant shall maintain the natural state of watercourses, swales, floodways or right-of-ways to the greatest extent practical in constructing site improvements. The applicant shall comply with the standards identified in chapter 98 in managing stormwater.

Sec. 102-1198 Wetland impact.

[Ord. No. 48-2001, 1-23-2001]

The applicant shall be responsible for identifying all on-site wetlands and avoiding or minimizing adverse impacts, to the greatest extent practical, on both on-site wetland bodies and wetland bodies located on adjacent parcels. At a minimum, the applicant must demonstrate compliance with all provisions of the state Natural Resources Protection Act (NRPA) and chapter 82 of this Code. The planning board, however, shall not use adverse impacts on wetland resources as the sole reason to deny a project. The planning board also has the authority to require an applicant to prepare a functional analysis of wetland values and how a proposed project may affect such wetland values. This analysis also must identify potential methods to avoid, minimize or mitigate the wetland impact.

Sec. 102-1199 Floodplain impact.

[Ord. No. 48-2001, 1-23-2001]

The applicant shall comply with all requirements of chapter 78, article II, and shall avoid, to the greatest extent practical, creating any adverse impacts on a floodplain resource.

Sec. 102-1200 Soils.

[Ord. No. 48-2001, 1-23-2001]

The soils on the site shall be adequate to support the intended purpose. The planning board may require the applicant to provide a high intensity soil survey to assist the board in analyzing soil quality.

Sec. 102-1201 Soil erosion and sedimentation control.

[Ord. No. 48-2001, 1-23-2001]

The applicant shall minimize the erosion of soil and the sedimentation of watercourses and waterbodies to the greatest extent practical by instituting the best management practices identified in chapter 98. Further, the applicant, during project construction, shall maintain all soil erosion and sedimentation control measures that are constructed in good working condition.

Sec. 102-1202 Solid waste collection and disposal.

[Ord. No. 48-2001, 1-23-2001]

The applicant shall provide an acceptable method to collect and dispose of all solid wastes and recyclables generated on the site in a timely manner and in an environmentally friendly way. The applicant also must demonstrate that the method of collecting and disposing of these wastes will not cause an unreasonable burden on the City's ability to process such wastes. Further, the applicant shall screen all refuse and recycling facilities from public view by the construction of a four-sided solid enclosure, and the facilities shall be located to avoid potential adverse impacts on any adjacent residences. The enclosure (fence/wall) must be a minimum of six feet in height.

Sec. 102-1203 Explosive materials and chemical and fuel storage facilities.

[Ord. No. 48-2001, 1-23-2001]

The applicant shall construct storage facilities for highly flammable or explosive liquids, solids or gases, fuel, chemicals, chemical or industrial wastes, or potentially harmful raw materials that comply with all applicable state and federal requirements. Further, all such facilities shall be located away from residences to the greatest extent practical.

Sec. 102-1204 Hazardous wastes.

[Ord. No. 48-2001, 1-23-2001]

The applicant shall properly collect, store and dispose of any hazardous wastes that may be generated by use of the site, or that are found during project construction. The applicant shall comply with all applicable state and federal requirements in the collection, storage and disposal of such wastes and shall inform the City code enforcement officer and City fire chief of the approved method to handle such wastes and any orders that may be issued regarding the handling of such wastes.

Sec. 102-1205 Construction of off-site improvements.

[Ord. No. 48-2001, 1-23-2001]

The planning board shall require the applicant to construct off-site improvements if the board determines such improvements are specifically required to address a public health, safety or welfare concern caused by the proposed project. Off-site improvements may include but are not limited to improvements to public or private roads, pedestrian and bicycle amenities (e.g. sidewalks) and stormwater facilities. The need and extent of required improvements shall be identified through the planning board's analysis of the following: information included on the applicant's site plan; an impact statement that may be required of an applicant (reference section 102-1206); and/or direction provided in City or state plans.

Sec. 102-1206 Impact on municipal facilities and services.

[Ord. No. 48-2001, 1-23-2001]

The planning board may require the applicant to participate in municipal infrastructure and/or service system improvements when it is demonstrated the applicant's proposed development will result in an adverse impact or decline in the level of service of any existing municipal or state infrastructure system or service. The planning board is authorized to assess and establish infrastructure or service system improvements the applicant may be required to undertake or pay for to mitigate the amount of negative impact or decline in the level of service. The planning board shall use the following guidelines in making this decision:

Conducting the assessment. In conducting the impact assessment, the planning board shall consider the following:

The status of the system and service in the adopted comprehensive plan and capital improvement program relative to any planned improvements and scheduling.

The net effect of the proposed development on the capacity of the infrastructure or service system, indicating the percentage share used by the development.

A cost estimate for improvement of this infrastructure or service system so as to meet the increased demand, and a breakdown of the applicant's share of that cost.

An assessment of public water and sewer system improvements provided or planned by the appropriate agencies.

Improvement responsibilities. When an applicant's share of infrastructure and or service system impact has been established by the planning board, the board shall select the method in which the applicant must participate in the infrastructure and/or service system improvement. The following two alternatives are available:

The applicant must agree to make the necessary infrastructure and/or service system improvements, establish a construction or service schedule, and post a performance guarantee to cover all associated costs. The applicant may recover the improvement costs within 10 years after improvements are made. For the applicant to recover these costs, subsequent developments must realize a benefit by using the infrastructure and/or service system improvement financed by the applicant. Cost reimbursement for the applicant shall be established as subsequent developments go through the City use permit, site plan or subdivision review process. The board shall use the same process in arriving at the appropriate cost share for subsequent development.

The City must agree to complete the improvements. The applicant shall pay the required share of the cost to the City at the time of approval of the use permit, which shall be held in a reserve fund until the improvement is completed in accordance with the scheduled capital improvement of the City. If the improvement is not completed within 10 years, the fee plus the accrued interest must be returned to the applicant.

Sec. 102-1207 Performance guarantees for required improvements.

[Ord. No. 48-2001, 1-23-2001]

The applicant shall post an acceptable performance guarantee with the City to ensure all improvements required as conditions of issuing a Route 3 use permit are constructed. The Planning Board shall determine the type and amount of performance guarantee that is required. A performance guarantee shall be one or more of the following:

The applicant shall post an escrow account or irrevocable letter of credit with the City to pay the estimated cost equal to City expenses to regrade, stabilize, reseed, or revegetate a site disturbed by construction activities if the project is not completed. Escrow funds shall be deposited by construction activities if the project is not completed. Escrow funds shall be deposited in an account established specifically for this project. The guarantee is subject to release by the City upon a written finding from the code enforcement officer or City engineer that all plan requirements have been satisfied and an occupancy permit issued. The City may expend funds from the guarantee upon a written determination from the code enforcement office or City engineer that the project activities, such as site clearing and grading have been started, but no further construction activity has occurred. The City decision to expend funds will only be made sooner than one year after issuance of the building permit if the code enforcement officer or City engineer determines the applicant's failure to restabilize the site will result in significant adverse impacts on the site or surrounding properties.

The applicant shall enter a binding agreement with the City such that a building permit shall not be obtained until all public improvements and plan conditions are satisfied. The code enforcement officer or City engineer shall submit a statement in writing to the City planner certifying that all improvements have been completed. The City planner, upon receipt of such certification, may determine that terms of the binding agreement have been satisfied, and that the guarantee should be released, and a building permit may be granted by the code enforcement officer.

Sec. 102-1210 Specific standards for drive-through windows and service windows (restaurants, banks, drug stores, etc.).

The applicant shall post an escrow account, performance bond, or irrevocable letter of credit with the City equal to 125% of the cost of all required improvements, particularly public improvements. This guarantee shall not be released and no occupancy permit shall be issued until the code enforcement officer or City engineer submits a statement to the City planner certifying that all improvements have been completed. The City planner, upon receipt of such certification, may determine that the terms of the performance guarantee have been satisfied, and that the guarantee should be released, and an occupancy permit may be granted by the code enforcement officer. The City may expend funds from the escrow account, performance bond, or irrevocable letter of credit upon a written declaration from the code enforcement officer or City engineer that the required improvements have not been satisfactorily completed. The City shall provide the applicant a minimum of 15 days of advance notice in writing prior to any City expenditure of the performance guarantee.

Sec. 102-1208 Determination of project ownership and mechanism to construct and maintain required improvements.

[Ord. No. 48-2001, 1-23-2001]

The applicant shall identify the owner and developer of the project and who will assume responsibility for the construction, operation and maintenance of all required improvements. The Planning Board shall ensure the proposed ownership has the technical and financial resources to successfully complete and maintain all required project improvements. All proposals to establish a condominium form of ownership to manage the project shall require Planning Board review and approval of the condominium documents.

Sec. 102-1209 Handicap accessibility.

[Ord. No. 48-2001, 1-23-2001]

The applicant shall provide site improvements, such as but not limited to adequately sized and located parking and curbing, to ensure handicap accessibility. The applicant shall be responsible for identifying and obtaining needed permits and constructing all facilities needed to satisfy state and federal requirements regarding handicap accessibility.

[Ord. No. 48-2001, 1-23-2001; Ord. No. 12-2005, 8-3-2004]

New drive-through windows and service windows. A drive-through or service window that is constructed after January 23, 2001, shall comply with the following standards:

A drive-through window (including the order window, board or area and the pick-up window) and service window shall not be located on the side of the building that faces the main public access road or an internal service road.

A drive-through window (including the order window, board or area and the pick-up window) and service window shall not be located to the front of the building, and shall be located to the side or rear of the building.

The queueing lane for a drive-through window or service window shall be separated from the remainder of the site and the parking area by a raised island that is a minimum of eight feet in width and which is attractively planted to create a visual buffer.

The level of noise generated from a service window or order station shall not cause an adverse impact on any abutting residential property.

Existing drive-through and service windows. An existing drive-through or service window on a structure that was constructed prior to January 23, 2001, shall be exempt from the section 102-1210(1) standards. In addition, notwithstanding the structure setback and bufferyard requirements established in sections 102-1183 (front), 102-1184 (side) and 102-1185 (rear), an existing drive-through or service window may be expanded, provided the drive-through or service window is setback a minimum of 15 feet from any lot line, and provided the applicant complies with the section 102-1186 minimum bufferyard planting requirements to the maximum extent practical, as determined by the Planning Board.

Sec. 102-1211 Specific standards for uses that have a canopy associated with a drive-through or service area.

[Ord. No. 48-2001, 1-23-2001; Ord. No. 12-2005, 8-3-2004]

New canopies. A canopy that is constructed after January 23, 2001, shall be located to the side or rear of the main structure, and the canopy shall be incorporated into the design of the main structure, which may include physically connecting the canopy to the main structure. The Planning Board, by a majority vote of 75% of the board, has the authority to waive this standard. An applicant that seeks a waiver shall submit plans for review by the Planning Board that identify options to construct a canopy. At least one of the options must identify a canopy that is located to the side or rear of the main structure.

Existing canopies. Notwithstanding the structure setback and bufferyard requirements established in sections 102-1183 (front), 102-1184 (side) and 102-1185 (rear), an existing canopy on a structure that was constructed prior to January 23, 2001, may be expanded, provided the canopy is setback a minimum of 15 feet from any lot line, and provided the applicant complies with the section 102-1186 minimum bufferyard planting requirements to the maximum extent practical, as determined by the Planning Board.

Sec. 102-1212 Loading and off-loading areas and operations.

[Ord. No. 48-2001, 1-23-2001]

All loading and off-loading areas and operations shall be located and conducted in such a manner as to protect public safety and to minimize potential adverse impacts on neighboring residences. The following standards shall apply:

The loading facility and area shall be located to the side or rear of the main structure and shall not be visible from a main public access road. Further, the applicant shall discourage public/customer use of the area that is devoted to loading facility operations.

The loading facility shall be screened from any abutting residential uses and the operation of such facilities shall not cause noise, odors, light, or similar adverse impacts on abutting residential uses. The applicant shall install fencing, landscaping, berming or similar improvements, and shall locate the facility an adequate distance from the abutting property line to minimize the amount of potential adverse impacts. Further, the owner shall control the noise and odors generated by trucks that are using the loading facility.