Summary of Ordinance Changes

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SUMMARY OF CHANGES

proposed Land Use Ordinance

 

 

This Article contains new language that was written for this proposed Land Use Ordinance, however most of our existing ordinances have a section that is similar to this article.

 

Article 2: Definitions

 

This Article contains definitions from our existing Ordinances and State Laws. 

 

Currently, each of our major ordinances contains its own definition section.  By having only one Land Use Ordinance we will have one set of definitions, which will eliminate the conflicts that currently exist between the definitions in separate ordinances.

 

Article 3: Non-Conformance Section

 

This Article is significantly different than our existing Land Use Regulation & Shoreland Zoning Ordinance.

 

Currently, our Land Use Regulation & Shoreland Zoning Ordinance classifies any non-conforming lot, building or use as a non-conforming use and requires anyone who wants to expand a non-conforming use to obtain a permit from the Planning Board. (A non-conforming lot is a lot that does not meet the lot area, lot frontage or lot coverage requirements, and a non-conforming building is a building that does not meet the setback requirements from property line, road or water body.) 

 

The proposed Land Use Ordinance classifies each of the non-conformities (lot, building, use) separately, and provides guidelines for the expansion/use of each which does not automatically require a permit from the Planning Board.  For example, if a property owner wants to construct an addition to a house that doesn’t meet the front yard setback but the proposed addition will meet all the property setbacks and will not further reduce the front yard setback, then the property owner may do so with just a building permit from the code enforcement officer, (not the Planning Board and Code Enforcement Officer as under are current Ordinance).

 

Article 4: Land Use Districts

 

This Article creates the Residential/Agricultural District that exists today. 

 

The requirements for the Residential/Agricultural District are formatted differently in this proposed Land Use Ordinance than in the existing Land Use Regulation & Shoreland Zoning Ordinance, but the dimensional requirements are substantially the same.  The only difference in the dimensional requirements is the front yard setback (which is due to changes in the definition section):

§         in the existing Land Use Regulation & Shoreland Zoning Ordinance the front yard setback is 75 feet from the centerline of the traveled way; and

§         in the proposed Land Use Ordinance the front yard setback is 50 feet.

Because of this change-

§         properties that are located on a road with a 50-ft right-of-way will not be affected;

§         properties that are located on a road with a right-of-way greater than 50-ft will have a greater front yard setback to meet; and

§         properties that are located on a road with a right-of-way that is less than 50-ft will have a reduced front yard setback.

 

Land Use Table -

 

This Table serves to combine language that is currently in our Land Use Regulation & Shoreland Zoning Ordinance, Building Permit Ordinance and Site Plan Review Ordinance.  The proposed Land Use Ordinance contains the following changes from our existing Ordinances are:

§         a permit is required from our Road Commissioner for a new access/driveway onto a Town Road,

§         earthmoving of less than 100 cubic yards is allowed without a permit (currently a CEO permit required for 10-100 cu yd),

§         earthmoving of 100 cubic yards or more only requires a CEO permit (currently a Planning Board permit is required),

§         a permit is required for non-roadside or cross-country distribution lines,

§         a permit is required for a wind mill, and

§         a permit is required for an air strip.

 

Article 5: Shoreland Overlay Districts

 

The LUPC has updated our Shoreland Zoning to be in compliance with the Mandatory Shoreland Zoning Act, 38 M.R.S.A. Sections 435-449.  The Town is required to adopt, administer and enforce a Shoreland Zoning Ordinance that is no less stringent than these State’s Guidelines by July 1, 2009.

 

The district mapping has been done in compliance with the State’s requirements.  The mapping does not exceed the State’s minimum requirements.  In two areas the proposed mapping is less restrictive then our current mapping:

§         The General Development District has been expanded to replace the Limited Commercial District in the village area.

§         A General Development II District has been added in place of the Resource Protection District along Route 201.

 

Article 6: Performance Standards

 

The proposed Land Use Ordinance contains the following new Performance Standards:

 

§         Access Management – New vehicular accesses onto Town roads will have to meet this standard.  This standard is necessary to ensure the ongoing safety and integrity of the Town’s roads. 

§         Back Lots – This standard allows for the creation of lots without road frontage, so long as the new lot meets this standard.  Currently, the Town does not allow for back lots; therefore any new lot has to have the required 150-ft of road frontage built on. 

§         Lighting  This standard would regulate lighting impacts.

§         Road Standards – This standard provides minimum design standards for new private roads to ensure safety and passage for emergency vehicles.

§         Temporary Buildings – This standard states that temporary buildings shall meet the property setbacks.

§         Wind Mills – This standard provides guidelines for the placement of new windmills to ensure the safety of abutting properties.

§         Vernal Pools – This standard refers to the State’s Laws, Rules, and Standards.

 

The proposed Land Use Ordinance contains the following revised Performance Standards:

§         Erosion & Sedimentation Control – The standard is revised to reference the State’s most recent rules.

§         Home Occupation – This standard currently exists in our Site Plan Review Ordinance, however the portion of this standard that limits the number of vehicle trips per day is removed.

§         Signs – The size limit of 6 sq ft remains the same.  The standard the sign illumination is revised; the following underlined language is new: the lighting shall be by exterior, shielded and non-flashing lights, which shall be turned off from 10 p.m. to 6 am. Additionally, the portion of this standard from the Shoreland Zoning is removed. 

§         Subsurface Wastewater Disposal – This standard will replace the existing Sanitary Performance Standards, which is more restrictive then the State’s Subsurface Wastewater Disposal Rules.  The proposed standard refers to the State’s Subsurface Wastewater Disposal Rules.  

§         Timber Harvesting – This standard is being changed to eliminate the language from the current Land Use Regulation & Shoreland Zoning Ordinance, because the LUPC heard from several foresters and timber harvesters about how restrictive this standard is and how it is an obstacle to sound forest management.  The proposed standard will refer to the State’s Timber Harvesting Laws, Rules, and Standards. 

 

The following Performance Standards that exist in the Land Use Regulation & Shoreland Zoning Ordinance are not included in the proposed Land Use Ordinance:

 

§         Agriculture – This standard is being removed because it comes from an outdated Shoreland Zoning Guideline.

§         Beach Construction – This standard is being removed because it comes from an outdated Shoreland Zoning Guideline.

§         Campgrounds – This standard is being removed because it comes from an outdated Shoreland Zoning Guideline.

§         Clearing – This standard is being removed because it comes from an outdated Shoreland Zoning Guideline.

§         Mineral Exploration – This standard is being removed because it comes from an outdated Shoreland Zoning Guideline.

§         Piers, Docks, Wharves, Breakwaters, Causeways, Bridges Over 20 Feet in Length, and Uses Projecting into Water Bodies – This standard is being removed because it comes from an outdated Shoreland Zoning Guideline.

§         Road Construction – This standard is being removed because it comes from an outdated Shoreland Zoning Guideline.

§         Structures – This standard is being removed because its two requirements will be located in a different section of the proposed Land Use Ordinance.

o       The requirement for principle structures to be setback 100-ft from the water is contained in the Shoreland Zoning Section of the proposed Ordinance.

o       The requirement for a structure to be elevated 2 feet above the floodplain is being replaced with the federal standard of 1 foot, which is contained in the Floodplain Management Section of the proposed Ordinance.

 

Article 7: Shoreland Zoning

 

The LUPC used Maine Department of Environmental Protection’s Guidelines for Municipal Shoreland Zoning Ordinances as a base to create this Shoreland Zoning Section, not our existing Shoreland Zoning Ordinance.  This section will outline the portions of the proposed Land Use Ordinance that are different from the State’s Guidelines, not our existing Ordinances.

 

Section A: Shoreland Zone Application & Review Process

The sections on Fees, Review Process and Submission Requirements were added to guide applicants and the reviewing authority as to the process for reviewing an application.  Currently the lack of guidance in our existing Ordinances tends to make the process longer than necessary, because

§         the applicants are unsure of what the Planning Board needs to review the application and

§         the Planning Board is unsure of the process they need to follow to approve the permit.

For consistency, the review process and submission requirements proposed are similar to those proposed for Building permits, Floodplain Management permits, and Site Plan Review permits.

 

Section B: Approval Criteria – There are no changes.

 

Section C: Performance Standards

§         Minimum Lot Standards.  The requirements for properties on tidal water bodies are different than required. 

o       The minimum lot area required is 30,000 sq ft instead of the 40,000 sq ft being proposed. However, the minimum lot size for all of Town is one acre (43,560 sq ft), so that is the standard that will rule, as it does currently.

o       The minimum shore frontage required is 150 ft, instead of the 200 ft being proposed.  However, our current shore frontage requirement under our existing Land Use Regulation & Shoreland Zoning Ordinance is 200 ft.

o       The proposed minimum building setback (from a waterbody) is 100 feet, as in our existing Land Use Regulation and Shoreland Zoning Ordinance.  The State only requires a 75-foot setback.

 

§         Piers, Docks, Wharves, Bridges and Other Structures and Uses Extending Over or Below the Normal High-Water Line of a Water Body or Within a Wetland.  The following requirements were added:

o       The structure should be placed to minimize the shading on existing vegetation.

o       The applicant must demonstrate that a community or shared dock is not possible.

o       The applicant must minimize the use of wood preservatives, stains and paints on said structure.

o       The storage of floats and boats must occur on the upland.

§         Campgrounds.  The proposed minimum setback (from a water body) is 100 feet, whereas the State only requires a 75-foot setback.

§         Commercial and Industrial Uses.  The following new commercial and industrial uses are prohibited within the shoreland zone:

o       Auto washing facilities

o       Auto or other vehicle service and/or repair operations, including body shops

o       Chemical and bacteriological laboratories

o       Storage of chemicals, including herbicides, pesticides or fertilizers, other than amounts normally associated with individual households or farms

o       Commercial painting, wood preserving, and furniture stripping

o       Dry cleaning establishments

o       Electronic circuit assembly

o       Laundromats

o       Metal plating, finishing, or polishing

o       Petroleum or petroleum product storage and/or sale except storage on same property as use occurs and except for storage and sales associated with marinas

o       Photographic processing

o       Off-set Printing

o       Junkyard, Automobile Graveyard and Automobile Recycling Business

o       Slaughter House

§         Roads and Driveways. The proposed minimum setback (from a water body) is 100 feet, whereas the State only requires a 75-foot setback.

§         Stream Crossings:  This standard for crossing certain streams has been added.  This standard comes from the Army Corp of Engineers and requires a larger crossing than Maine Department of Environmental Protection currently requires.

§         Signs.  Language restricting the use of internal lighting was added.

§         Mineral Exploration and Extraction.  The language to restrict mineral extraction activities within Resource Protection Districts adjacent to significant freshwater wetlands which are rated "moderate" or "high" value by the Maine Department of Inland Fisheries and Wildlife (MDIF&W) was added.

§         Marinas. The language from our existing Land Use Regulation & Shoreland Zoning Ordinance was added to this section of the proposed Land Use Ordinance.

§          

 

Article 8: Floodplain Management

 

This Article was taken from the State’s Model Floodplain Ordinance, however the language has been formatted to match the formatting of the Site Plan Review Section. 

 

Article 9: Subdivision

 

This Article is from our existing Subdivision Ordinance, however the language has been re-formatted to match the formatting in from the Site Plan Review Section. 

 

The following changes have been made from our existing Subdivision Ordinance:

 

§         Section B.3 – The Site Inventory & Analysis fee has been increased from $75 to $100.

§         Section C.1 – This section was added so this section would have the same process as the Site Plan Review section.

§         Section C –

o       The noticing requirements have been reduced so that the notice only has to be published in the newspaper once (instead of twice) and only abutters within 500-ft have to be notified (instead of 1,000-ft).

o       The application deadline has been changed from 10 days prior to 21 days prior, in order for there to be time to review the application and re-submit additional information prior to the Planning Board meeting.  This is the same requirement as for a Site Plan Review application.

§         Section D.2.e.viii – Language was added to specify when a hydrological assessment should be submitted.

§         Section D.3.d.iv – This language has been revised so an inspection is not required every year to ensure compliance with the Ordinance and Approval.

§         Section F – Approval Criteria 1 and 10 were added. 

o       #1 is within the Traffic Standard in our existing Ordinance. 

o       #10 - This language was revised to include language from the existing Site Plan Review Ordinance and the Subdivision Ordinance.

§         Section G.1.xiv –

o       Language was added to allow for the turnaround to be something other than a cul-de-sac.

o       The design standard has been edited to allow for the road to be designed to the largest vehicle, as  our current Subdivision Ordinance contains a cul-de-sac design standard that is not based on the centerline of the road, which is how roads are designed.

§         Section G.1.xvii – The footnotes to the Street Design Standards Table are new language.

§         Section G.4.c.v.B – This standard has been revised so that the subdivider is not required to guarantee that there will be a potable water supply of at least 350 gal/day.

§         Section G.6.c.vi – This language was revised to clarify the responsibility of the Fire Department and the applicant/Homeowners Association.

§         Section G.6.13.b.iv.G – This requirement was added.

§         Section G.17 – This section was added.

 

 

 

Article 10:  Site Plan Review

 

This Article is from our existing Site Plan Review Ordinance.

 

The following changes have been made from our existing Site Plan Review Ordinance:

 

§         Section B.2 – Amendments to approved Site Plan Review projects  were added to the classification.

§         Section B.2.c.vi – This section was added.

§         Section B.2.d.iv – This section was revised to match section B.2.c.iii.

§         Section B.3.a.B & C – The application fee for a Tier II application was increased from $50 to $500.  The application fee for a Tier III application was increased from $100 to $900 and the Site Inventory & Analysis fee was increased from $75 to $100.

o       These increased fees are being proposed in order to cover the Town’s costs in processing the applications.  This increase will bring the fees for a Site Plan Review application in-line with that of a Subdivision Application.

§         Section B.4.c – A provision was added to allow the application process to be extended when the ground is covered with snow in order for the Board to conduct a site visit.

§         Section B.4.d – This language was added to address Site Plan Amendments.

§         Section D.7 - The standard the sign illumination is revised; the following underlined language is new: the lighting shall be by exterior, shielded and non-flashing lights, which shall be turned off from 10 p.m. to 6 am.

§         Section D.17 – This language was revised match the Subdivision section

§         Section D.19 – This language was revised match the Subdivision section

§         Section D.20 – This language was revised match the Subdivision section

§         Section D.21 – This language was revised include language from the existing Site Plan Review Ordinance and the Subdivision Ordinance.

§         Section D.23 – The approval criteria language was removed and the term bulk storage was defined.

§         Section E.9.c – This language was added.

§         Section E.17 – This language was added.

§         Section E.22 – This language was added.

 

Article 11:  Administration, Enforcement & Penalties

 

This Article contains new language that is based on the State’s Land Use Manual, which has been edited to include language from our existing ordinances for this proposed Land Use Ordinance.

 

§         Section A – This section is a new section based on the State’s Land Use Manual.

§         Section B –

o       Subsection 1 is new language, but it requires the same permits as required under  our existing Ordinances.

o       Subsection 2 is a new exemption that is not in our existing Ordinances.

o        Subsections 3 and 4 are from our Building Permit Ordinance.

o       Subsection 5 is new language (taken from the State’s Land Use Manual), however this requirement exists today per State Law.

 

§         Section C –

o       Subsection 1 contains existing language from our Building Permit Ordinance, as well as new language based on the State’s Land Use Manual.

o       Subsection 2 is a new section, but creates no change from our existing procedures.

o       Subsection 3 is a new section, which mirrors the permit process outlined in Subsection 1.

o       Subsection 4 and 5 are new sections.

§         Section D –

o       Subsection 1 is a new section, which outlines the materials that are required as part of an application.

o       Subsection 2 – The only change in fees in this section is the application fee for a permit issued from the Road Commissioner.  All the other fees listed in this section are the same as our existing fees.

§         Section E – This section contains new language, but it is substantially the same as our existing enforcement sections (found in several of our existing ordinances).

 

Article 12:  Appeals

 

This Article is based on our Board of Appeals Ordinance with additions from our Town Attorney, the State’s Land Use Manual, and the Shoreland Zoning Guidelines. 

 

§         Section C: Powers & Duties – This section is from our Board of Appeals Ordinance with the following revisions.

o       Subsection 1 - Language was revised to clarify Administrative Appeals as advised by the Town’s Attorney, however, there were no substantive changes.

o       Subsection 1.c - The Board of Appeals is given authority to review administrative appeals of the Road Commissioner.

o       Subsection 2.a - The criteria for obtaining a variance was added to the Ordinance.  Currently this criteria is only located in the Board of Appeals application. This criteria is what is required per State Statute 30-A M.R.S.A. Section 4353. 

o       Subsection 2.c - A provision was added to allow the Board of Appeals to grant a variance to make a dwelling handicap accessible.

o       Subsection 2.e - The requirements for variances within the Shoreland Zone were added, per the State’s Shoreland Zoning Requirements.

o       Subsection 2.f - The requirement for recording a variance at the registry of deeds was added, per State Statute 30-A M.R.S.A. Section 4353. 

§         Section F: Application Procedure – This section is from the State’s Land Use Manual.

§         Section I: Reconsiderations – This section includes revisions from our Town Attorney.

 

Appendix 1, 2, 3 & 4

 

These Appendices are from our existing Subdivision Ordinance.

 

 

SUMMARY OF CHANGES

proposed Land Use Ordinance

May 29, 2009

 

  Article 1: General -