Land Use Ordinances
Effective Date: October 11, 2008
Town of Frye Island
Cumberland County - State of Maine
Chapter 101 --- Land Use
Article I. Zoning Ordinance
Article II. Subdivision Ordinance
Article III. Shoreland Zoning Ordinance
Article IV. Floodplain Management Ordinance
Article V. Growth Management Ordinance -
Recinded at 9/2/06 Town Meeting
GENERAL REFERENCES:
Prior version of Chapter 101, dated
Prior version of Chapter 102 – Shoreland Zoning Ordinance, dated October 10, 2000
Prior version of Chapter 108 – Floodplain Management Ordinance, dated July 22, 2000
HISTORY: [amended July 5, 2003, WA 10]
Articles I and II originated as the Land Use Ordinance of the Town of Standish, adopted on May 26, 1976. This Standish Ordinance, as amended, became Chapter 181 on December 9, 1997 by Order No. 123-97. Frye Island, in turn, modified and adopted this Ordinance as Chapter 101 by Public Meeting of February 28, 1998 in preparation for becoming an independent town on July 1, 1998. The October 10, 2000 version of this Chapter 101 was then heavily edited and reorganized into Articles I and II of Chapter 101, which was adopted by Town Meeting 10/06/01 Article 8.
Article III originated as the Shoreland Zoning Ordinance of the Town of Standish, adopted October 12, 1993. This Standish Ordinance (now Chapter 237, adopted February 12, 2002 by Order No. 189-01) was modified and adopted by Frye Island as Chapter 102 by Public Meeting of February 28, 1998 in preparation for becoming an independent town on July 1, 1998. The October 19, 1999 version of this Chapter 102 was then heavily edited and reorganized into Article III of an expanded Chapter 101, which was adopted by Town Meeting 10/12/02 Article 11.
Article IV originated as the Floodplain Management Ordinance of the Town of Standish, adopted January 9, 1996 by Order No. 156-95. The Town of Frye Island, in turn, modified and adopted this Ordinance as Chapter 108 by Town Meeting of July 1, 2000. The July 22, 2000 version of this Chapter 108 was then edited and reorganized into Article IV of an expanded Chapter 101, which was adopted by Town Meeting 10/12/02 Article 11.
Article V, the Growth Management Ordinance was adopted by Town Meeting 10/11/03 Article 10.
MODIFIED BY:
Town Meeting 10/06/01 Articles 9-15, with changes in § 101-I-2 Definitions of Adult Day Care, Building Height, and Conforming Lot, § 101-I-3, A.6, B.5, C.5, and E; and § 101-I-4, H.1.c, O.2, and O.5.
Town Meeting 7/06/02 Article 5 establishing a special exception for the Resource Protection District in ß 101-III-16, K. (§ 102-16, K at the time of adoption).
Town Meeting 10/12/02 Article 12, changing the definition for Campground in ß 101-I-2 to the one used in the Shoreland Zoning § 101-III-17.
Town Meeting 7/05/03 Articles 10-12, expanding the History section directly above and changing the definition for Stream in § 101-III-17.
Town Meeting 10/11/03 Article 11, changing the contents of § 101-I-4, D.2, Non-Conforming Lots.
Town Meeting 9/2/06 Article 2, recinded ArticleV Growth Management Ordinance
Town Meeting 10/7/06 Article 11-12 changing definition of Substantial Start and the contents of § 101-I-11. Administration and Enforcement, D. Building Permits; and adding the definition of Road Opening and the contents of § 101-I-4. General Standards, T. Road Opening.
Town Meeting 10/6/07 Article 14 amended the Land Use Ordinances Chapter 101, Article I, §101-I-14(F) (4), and Article III, §101-III-16 (I) (5)
Town Meeting 10/6/07 Article 15 amended the Land Use Ordinances Chapter 101, Article I, §101-I-11 (E)
Town Meeting 10/11/08 Article 17 amended the Land Use Ordinances Chapter 101, Article I, § 101-1-2, § 101-1-4, § 101-1-11 C
Town Meeting 10/11/08 Article 20 amended the Land Use Ordinances Chapter 101, §101-I-4, Section D, Part 5
Table of Contents
[Sections § 101–I–3 through § 101–I–10: Zoning Regulations]
§ 101–I–3. District Regulations
2. Permitted uses not requiring CEO approval
3. Permitted uses requiring CEO approval only
4. Permitted uses requiring site plan review
5. Uses requiring special exception
8. Accessory building setbacks
10. Lots in a cluster subdivision
2. Permitted uses not requiring CEO approval
3. Permitted uses requiring CEO approval only
4. Permitted uses requiring site plan review
5. Uses requiring special exception
8. Lots in a cluster subdivision
C. WOC – Water-oriented Commercial Districts
2. Permitted uses not requiring CEO approval
3. Permitted uses requiring CEO approval only
4. Permitted uses requiring site plan review
5. Uses requiring special exception
8. Accessory building setbacks
D. RC – Recreational Districts
2. Permitted uses not requiring CEO approval
3. Permitted uses requiring CEO approval only
4. Permitted uses requiring site plan review
6. Minimum setback dimensions for lots 40,000 square feet or more
7. Minimum setback dimensions for lots less than 40,000 square feet
d. Construction of private way
4. Lots with adequate water frontage
2. Purpose of cluster development
3. Information required in cluster development proposal
5. Predominant use constraints
7. Permitted modifications in area per dwelling unit requirements
G. Community Living Facility Standards
1. Restrictions on manufactured housing units located outside mobile home parks
2. Mobile home park restrictions
2. Procedure for reducing lot or unit area requirements
M. Water Recreation and Water Storage Facilities
1. Setback and CEO permit requirements
2. Fencing of below-ground facilities
4. Submittal of plan to Planning Board
5. Permit requirement for private swimming pools
N. Regulations Concerning Transmission (Antenna) Towers
4. Proof of conformity required
8. Cooperation with Code Enforcement Officer
14. Use of third-party professional
2. Residential identification signs [amended October 6, 2001; WA 12]
4. Temporary real estate and construction signs
5. Permit required [amended October 6, 2001; WA 12]
2. Fence permit required; standards
4. Fence violations and penalties
2. Mineral extraction regulations
§ 101–I–5. Home Business Standards
1. Applicability and Planning Board authority
§ 101–I–6. Commercial, Professional, or Business Use Standards
3. Conversion or expansion of existing buildings to commercial, business, or professional use
D. Buffer Areas to Other Districts
E. Offensive Uses Not Permitted
§ 101–I–7. Non-conforming Uses
§ 101–I–8 [Reserved for Future Use]
§ 101–I–9 [Reserved for Future Use]
§ 101–I–10 [Reserved for Future Use]
[Sections § 101–I–11 Onward: Zoning Administration and Governance]
§ 101–I–11. Administration and Enforcement
E. Application for Building Permit
1. Certificate from CEO required for occupancy
G. Building Permit for Manufactured Housing Unit
A. Appointment and Composition
§ 101–I–13. Amendment Procedure
A. Appointment and Composition
d. Disability variance appeals
2. Variance appeals restrictions and conditions
E. Criteria to be Considered in Hearing Appeals
2. Decision by Board of Appeals
2. Procedure for submission and review
4. Waiver or modification of elements
§ 101–I–16. Site Plan Review for Septic Systems Over Two Thousand Gallons per Day
1. Liability insurance requirement
§ 101–I–17. Assessment Of Capital Impact Fees
1. Residential and nonresidential impact on existing road inventory
§ 101–I–18. Conflict with Other Provisions
Article II. – Subdivision Ordinance
§ 101–II–1. Purpose and Administration
B. Authority and Administration
D. Information to Accompany Plan
2. Department of Environmental Protection review and approval where required
1. Submittal of performance guarantee
2. Inspection of required improvements
3. Maintenance prior to acceptance of improvements
C. Information to Accompany Plan
E. Plan Revisions After Approval
F. Public Acceptance of Streets, Easements, and Open Space
§ 101–II–4. General Provisions
A. No Filing and Recording Before Final Plan Approval
B. No Conveyance if Not Filed and Recorded
C. Fines for Conveyance Prior to Approval
D. No Utility Service Prior to Final Approval
E. No Construction Activity Prior to Final Approval
A. Planning Board to Consider Requirements
B. Conformance to Comprehensive Plan
C. Preservation of Natural and Historic Features
D. Land not Suitable for Development
F. Easements for Natural Drainage Ways
H. Street Trees, Esplanades, and Open Spaces
J. Separate Sewage Disposal Sites
1. Street classification definitions
2. Dimensions for street construction
E. Roadway Construction Material Standards
F. Responsibility of Developer Regarding Streets
G. Construction of Arterial Streets
1. Subdivisions containing more than 150 units
2. Subdivisions adjacent to areas of future development
3. Street and storm drainage plans
§ 101–II–7. Miscellaneous Provisions
A. Release of Guaranty Check or Bond
Article III – Shoreland Zoning Ordinance
§ 101–III–4. Effective Date and Repeal of Formerly Adopted Ordinance
§ 101–III–7. Conflicts with Other Ordinances
§ 101–III–9. Districts and Zoning Map
A. Official Shoreland Zoning Map
C. Certification of Official Shoreland Map
§ 101–III–10. Interpretation of District Boundaries
§ 101–III–11. Land Use Requirements
B. Continuation of Non-conforming Lots, Buildings, Structures, and Land Uses
a. If non-conformity is not increased
3. Reconstruction or replacement
4. Change of use of a non-conforming structure
3. Contiguous lots vacant or partially built
§ 101–III–13. Establishment Of Districts
A. Resource Protection District
C. Shoreland Development Overlay District
§ 101–III–14. Table of Land Uses
Table III–14–1. Land Uses in the Shoreland Zone
§ 101–III–15. Land Use Standards
B. Principal and Accessory Structures
C. Piers, Docks, Wharves, Bridges, and Other Structures
D. Individual Private Campsites
N. Clearing of Vegetation for Development
O. Erosion and Sedimentation Control
A. Administering Bodies and Agents
B. Shoreland Zoning Approvals and Permits Required
1. Approvals and permits required before proceeding
2. Exceptions for the replacement of culverts
3. Activities requiring a permit from the Department of Environmental Protection
C. Shoreland Zoning Approval Applications
D. Procedure for Administering Applications for Shoreland Zoning Approval
E. Applications for Building, Plumbing, or Occupancy Permits
F. Deadline for Permit Applications Following Shoreland Zoning Approval
G. Expiration of Building, Plumbing, or Occupancy Permit
H. Installation of Public Utility Service
1. Powers and duties of the Board of Appeals
a. Restrictions on granting variances
b. Decision by Board of Appeals
K. Special Exceptions [adopted July 6, 2002; WA 5]
Article IV – Floodplain Management Ordnance
§101–IV–1. Purpose and Establishment
§ 101–IV–3. Application for Permit
§ 101–IV–4. Application Fee and Expert’s Fee
§ 101–IV–5. Review Standards for Flood Hazard Development Permit Application
§ 101–IV–6. Development Standards
D. On Site Waste Disposal Systems
E. Watercourse Carrying Capacity
L. Enclosed Areas Below the Lowest Floor
§ 101–IV–7. Certificate of Compliance
§ 101–IV–8. Review of Subdivisions and Development Proposals
§ 101–IV–9. Appeals and Variances
§ 101–IV–10. Enforcement and Penalties
§ 101–IV–11. Validity and Severability
§ 101–IV–12. Conflict with Other Ordinances
Article V – GROWTH MANAGEMENT ORDINANCE
A. Maximum Number of Dwelling Units
D. Replacement With Building Permit And Expiration
§ 101–V–7. Conflict With Other Ordinances
§ 101–V–13. Notices Of Violations; Legal Action
Article I. --- Zoning Ordinance
§ 101–I–1. Title, Purpose
A. Title
This Article shall be known and may be cited as the “Zoning Ordinance of the Town of Frye Island, Maine.”
B. Purpose
The purpose of this Ordinance is to promote the health, safety, and general welfare; to encourage the most appropriate use of land throughout the Town; to promote traffic safety; to provide adequate light and air; to prevent overcrowding of real estate; to promote a wholesome town environment; to prevent housing development in unsanitary areas; to provide an adequate street system; to promote the coordinated development of unbuilt areas; to encourage the formation of community units; to provide an allotment of land area in new developments sufficient for all the requirements of community life; to promote the prudent utilization of natural resources; and to provide for adequate public services.
§ 101–I–2. Definitions
As used in this Ordinance, unless otherwise stated, the following terms shall have the meanings indicated below:
Abutter: The owner of a property sharing a common boundary with another property or within two hundred fifty (250) feet of a given piece of property whether or not these properties are separated by a public or private way. Owners shall be considered to be parties listed by the Tax Assessor of Frye Island and the ones against whom taxes are assessed.
Accessory Building: A subordinate building incidental to and located on the same lot with the main building which is customarily a garage, workshop, shed, and the like.
Accessory Use: A use which is incidental and subordinate to the principal use. Accessory uses in the aggregate shall not subordinate the principal use of the lot.
Acre: Forty thousand (40,000) square feet.
Adult Day Care: [amended October 6, 2001; WA 9] Providing day care services on a regular basis, for financial consideration, for three (3) or fewer unrelated adults who are medically dependent on others for assistance. Care services shall not be provided for more than twelve (12) hours during any twenty-four (24) hour period.
Agriculture: Includes: the cultivation of the soil for food products, or other useful or valuable growths of the field or garden; nursery stock; and noncommercial greenhouses. It does not include dairying, the raising of livestock, or the breeding or keeping of animals, fowl, or birds where the same is carried on as a business or gainful occupation.
Animal Husbandry: Includes dairying, the raising of livestock, and the breeding or keeping of animals, fowl, or birds as a business or gainful occupation.
Back Lot: A lot without frontage on an existing way.
Bed And Breakfast: A single-family dwelling in which the resident(s) of the dwelling provide(s) short-term overnight lodging to paying guests in a maximum of seven (7) guest rooms located within the dwelling or permitted attached structures. Breakfast shall be the only meal served and shall be limited to overnight guests.
Board of Appeals: The Board of Appeals of the Town of Frye Island, created in Article VI, Section 3 of the Town Charter.
Boat Graveyard: A yard, field or other area used to store two (2) or more unserviceable, discarded, worn-out, or junked boats
Building: Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property.
Building Area: The total of areas taken on a horizontal plane at the main finished grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps. All dimensions shall be measured between exterior faces of walls.
Building Height: [amended October 6, 2001; WA 15] The vertical distance between the mean grade at the downhill side of the building and the highest point of the building, excluding chimneys, steeples, antennas, and similar appurtenances which have no floor area.
Business Professional Building: A building used primarily for conducting the affairs of a business, profession, service, industry, or government, or like activity, and may include ancillary services for office workers, such as a restaurant or newspaper or candy stand.
Campground: [amended October 12, 2002; WA 10] Any area or tract of land to accommodate two (2) or more parties in temporary living quarters, including but not limited to tents and recreation vehicles.
Car Wash: A place where vehicles, of any size, are washed on a commercial basis.
Cemeteries: An area used for the interring of the dead.
Church: A building, or group of buildings, which are primarily intended for the conduct of religious services and associated accessory uses, with the exception of schools.
Clear cutting: The removal or cutting of more than 25% of all trees on a lot, except as shown on an approved building permit in which post-construction remediation may be required. [amended October 11,2008, WA 17]
Cluster Subdivision: A subdivision approved by the Planning Board, meeting the standards contained in Articles I and II, including, but not limited to, § 101–I–4, ¶ E.
Code Enforcement Officer: A person appointed by the town manager to administer and enforce these Ordinances. Reference to the “Code Enforcement Officer” may be construed to include the Building Inspector, Plumbing Inspector, Electrical Inspector, and the like, where applicable.
College: An accredited, degree-granting institution of higher (post-secondary) education.
Commercial Recreation: A place designed and equipped for the conduct of sports and leisure-time activities, operated as a business, and open to the public for a fee.
Commercial Wood Processing: the processing of timber or logs, on a site other than the logged site, into fuel wood, lumber, or other products for resale.
Community Living Facility: A housing facility for eight (8) or fewer mentally handicapped or developmentally disabled persons which is approved, authorized, certified, or licensed by the State. A Community Living Facility may include a group home, foster home, or intermediate care facility. Community Living Facilities must meet and maintain the standards contained in this Ordinance.
Comprehensive Plan: Any part or element of the overall plan or policy for development of the Town.
Concealed-source Light Fixture: One where the lamp or light bulb is housed within a frame or container and is not visible.
Conforming Lot: [amended October 6, 2001; WA 10]A lot under contiguous ownership which meets the full dimensional requirements for the zone in which it is located, to include frontage, lot width, and area. Deeded rights to an area of commonly owned land, such as in a cluster subdivision, shall not be included in the calculation of dimensions.
Construction Drawings: Drawings showing the location, profile, grades, sizes, types, and cross-sections, as applicable to the type of item, of all underground fire alarm, power, and telephone ducts, drains, sewers, water mains, pavements, streets, miscellaneous structures, etc.
Coverage: That percentage of the plot or lot area covered by the buildings, paved areas, and other impervious cover.
Day Care Center: A facility in which one (1) or more persons provide for financial consideration a regular program of care and protection, for any part of a day, for four (4) or more unrelated children under the age of sixteen (16). Care services shall not be provided for more than twelve (12) hours during any twenty-four (24) hour period.
Day Care Home: A dwelling in which the resident occupant provides for financial consideration a regular program of care and protection, for any part of a day, for from four (4) to a maximum of twelve (12) unrelated children under the age of sixteen (16). Care services shall not be provided for more than twelve (12) hours during any twenty-four (24) hour period.
Director Of Public Works: The Director of Public Works for the Town of Frye Island.
Dwelling Unit: A room or group of rooms designed and equipped for use as living quarters for only one (1) family, including provisions for living, sleeping, eating, and cooking. Mobile homes, campers, and recreational vehicles shall not be considered dwelling units.
Dwelling, Multi-family: A building designed or used as the living quarters for more than one family. This term excludes motels, rooming houses, mobile homes, and dwelling units with family apartments.
Easement: The right to use or restrict the use of land of another for or to specified purposes. The Planning Board shall review and approve the nature and substance of all proposed “easements” included as part of a Planning Board application for Subdivision or Site Plan Review.
Engineer: A professional engineer licensed by the State of Maine.
Family: One (1) or more persons, related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. Up to five (5) unrelated people may use a house as a “family” for the purposes of this Ordinance.
Family Apartment: A separate, single residence located within the same structure as, and subordinate to, an existing single-family dwelling. A family apartment is subject to the District Regulations contained in § 101–I–3 and the standards contained in § 101–I–4, ¶ F.
Final Subdivision Plan: The final drawings on which the subdivider's plan of subdivision is presented to the Planning Board for approval and which, if approved, may be filed for record with the Municipal Clerk and County Registry of Deeds.
Finished Wood Product Processing: Production of finished wood products for wholesale distribution or sale at another site, including but not limited to picnic tables, crafts, cabinets, furniture, etc. Retail sales directly to the public are specifically excluded unless otherwise approved in accordance with this Ordinance.
Flea Market: A shop or open market. selling antiques, used household goods, curios, and the like at a frequency of more than four (4) days in any six-month period. Flea markets, as distinguished from yard or garage sales, shall be considered to be retail businesses under this Ordinance.
Forestry Management: Timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, management planning activities, timber stand improvement, pruning, weeding, regeneration of forest stands, the construction or maintenance of forestry management roads, and other similar or associated activities.
Frontage, Street: The horizontal distance between the intersections of the side lot lines with the front lot line.
Fueling Station: A place where fuels or lubricants for vehicles, including boats, are retailed directly to the public, including the sale of minor related accessories. Repair services are excluded from this definition.
Funeral Home: A building used for the preparation, display, and related ritual of the dead prior to burial or cremation.
Garage Sale: See Yard Sale.
Health Care Facility: An institution that provides out-patient, overnight, or long-term health care under the supervision of a health care professional.
Home Care Services: Providing day care services on a regular basis, for financial consideration, for three (3) or fewer unrelated children or adults who are dependent on others for assistance. Care services shall not be provided for more than twelve (12) hours during any twenty-four (24) hour period.
Home Occupation: An occupational activity which is clearly accessory to the primary residential use of a building as defined by § 101–I–5, ¶ A, Home Occupation Levels.
Home Retail Sales: Limited retail sales which are directly related to an approved home occupation. All home retail sales shall meet the requirements of § 101–I–3, District Regulations, and maintain all standards contained in § 101–I–5, ¶ A, Home Occupation Levels.
Hospital: Includes sanitarium, clinic, rest home, nursing convalescent home, home for the aged, and any other place for the diagnosis and treatment of human ailments.
Hotel: A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, entertainment, and recreational facilities.
Improvement: Any building, structure, place, or object constituting a physical betterment of real property, or any part of such betterment.
Inn: a facility offering transient lodging accommodations to the general public which has a central lobby and has a maximum of fifteen (15) general sleeping rooms available for use by the general public. Food or meals may be available, but only for guests staying overnight at the inn.
Junkyard: A yard, field, or other area as defined in Title 30A, section 3752, as amended.
Kennel: A commercial establishment in which three (3) or more dogs, cats, or other domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for financial consideration.
Lot: A parcel of land in a single ownership, recorded with the Cumberland County Registry of Deeds, and occupied or capable of being occupied by one (1) building and the accessory buildings or uses customarily incidental to it, including such open spaces as are required by these Land Use Ordinances. As a condition for the issuance of a building permit on such land, a lot must have frontage upon a street, as defined herein, or have other adequate means of access as specified elsewhere is this Ordinance or as determined by the Planning Board.
Lot, Corner: A lot with at least two (2) contiguous sides meeting at an included angle of less than 135° and with each such side abutting on a street which is not primarily an access to a beach.
Lot, Width: The width of the lot, measured at the point where the building is closest to the right-of-way.
Manufactured Housing Unit: A mobile home manufactured after June 15, 1976, or a single-wide modular home, both of which must comply with the standards of § 101–I–4, ¶ H, as well as the standards of the United States Department of Housing and Urban Development and/or the standards of Title 30-A, Section 4358, Regulation of Manufactured Housing Units.
Manufacturing: The mechanical or chemical transformation of material or substances into new products, including the creation of products and the blending of material such as oils, plastics, resins, or liquids.
Marina: A boat basin offering dockage and ancillary services such as outdoor storage of boats. A fueling station is excluded from this definition.
Medical Clinic: A place for the diagnosis and treatment of human ailments.
Mineral Extraction: Surface excavation and removal of natural earth resources such as sand, gravel, clay, topsoil, etc. which are normally used for purposes such as roads, foundations, construction materials, and building site preparation or improvement.
Mobile Home: A residential unit that is constructed in a manufacturing facility and then transported to a site on a permanent chassis. Only mobile homes constructed after June 15, 1976 and which the manufacturer certifies to be constructed in compliance with United States Department of Housing and Urban Development Standards shall be considered manufactured housing units for the purposes of this Ordinance.
Mobile Home Park : A parcel of land under unified ownership which has been planned and improved for the placement of mobile homes on leased or rented lots therein.
Mobile Home Park Lot: The area of land on which an individual home is situated within a mobile home park and which is reserved for use by the occupants of that home.
Modular Home: A residential dwelling unit designed for transportation, after fabrication, to the site as two (2) or more component parts, where it must be placed on a permanent foundation and be assembled into a livable dwelling unit. Single-wide “modular homes” shall be considered to be manufactured housing units. “Modular homes” of two (2) or more component parts under this Ordinance shall be considered to be a single-family dwellings.
Motel: A building containing rooms which are rented as a series of sleeping units for automobile transients. Each sleeping unit shall consist of a bedroom and bathroom only.
Motor Vehicle Graveyard: A yard, field, or other area used to store two (2) or more unserviceable, discarded, worn-out, or junked motor vehicles as defined in Title 30A, section 3752, as amended.
Motor Vehicle Repair: Any motor vehicle repair use such as collision repair, mechanical repair, or other types of vehicle repair.
Motor Vehicle Sales: The use of any building, land area, or other premise for the display and sale of new or used automobiles, trucks, vans, trailers, or recreational vehicles.
Municipal Use: Any activity which is exclusively and officially authorized by the Town of Frye Island or School Administrative District 6.
Municipality: In the context of this Chapter, the words “municipal” and “municipality” refer to Frye Island and School Administrative District No. 6 only.
Net Residential Acreage: The gross available acreage less the area required for streets or access and less the areas of any portions of the site which are unsuitable for development because of topography, natural drainage, or subsoil conditions.
Net Residential Density: The number of dwelling units per net residential acre.
Non-conforming Building, Lot, or Structure: A building, lot, or structure, the size, dimension, or location of which was lawful prior to the adoption or amendment of these zoning provisions but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
Non-conforming Use: A land use which was lawful prior to the adoption or amendment of these zoning provisions but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
Nuisance: For this Ordinance, a “nuisance” shall be defined as in 17 MRSA, Section 2802, as amended.
Office: A room or group of rooms used for conducting affairs of business, professions, service industry, or government.
Open Space: Land for recreation and enjoyment of an association of residents, or deeded to the Town, if the Town shall accept it, for the enjoyment of its residents.
Parking Space: A minimum area of one hundred sixty-two (162) square feet which is a minimum of nine (9) feet wide by eighteen (18) feet long, exclusive of drives, aisles, or entrances, and which is fully accessible for the storage or parking of vehicles.
Planning Board: The Planning Board of the Town of Frye Island, created in Article VI, Section 2 of the Town Charter.
Portable Signs: A sign standing on, rather than fixed to, the ground. Such signs are usually, but not necessarily, supported from the ground by one (1) or more poles or posts or similar uprights with or without braces, including benches and A or sandwich boards.
Private Road: A road for vehicular traffic in which there is no public right of travel.
Preliminary Subdivision Plan: The preliminary drawings indicating the proposed layout of the subdivision to be submitted to the Planning Board for its consideration.
Principal Use: The primary use to which the premises is devoted and the main purpose for which the premises exists.
Private Club: A building and related facilities owned or operated by a corporation, association, or group of individuals, and established for the fraternal, social, educational, recreational, or cultural enrichment of its members and not primarily for profit, and whose members meet certain prescribed qualifications for membership.
Processing: A series of operations, usually in a continuous and regular action or succession of actions, taking place or carried out in a definite manner.
Public Utility: A governmentally regulated organization, whether publicly or privately owned, having a franchise for providing a service deemed necessary for the public health, safety, or welfare.
Public Water Supply: A water supply to fifteen (15) or more service or residential connections, or to a store, youth camp, campground, restaurant, inn, hotel, motel, or other non-residential activity, including schools, which serves twenty-five (25) or more people.
Recreation, Commercial: Includes recreational activities operated primarily for profit.
Recreational Vehicle: A vehicle or vehicular attachment, including a pickup camper, travel trailer, tent trailer, and motor home, designed for temporary sleeping or living quarters for one (1) or more persons. A recreational vehicle is not a dwelling.
Recycling Center: Land, with or without buildings, upon which used materials are separated or processed for eventual re-utilization.
Remediation: The planting and maintenance of at least 5 native tree species, not less than two (2) inches in diameter at four and one half (4 ½) feet above ground level for each 25 by 50 foot rectangle area, such areas being sufficient that cleared openings for any purpose, including but not limited to principal and accessory structures, driveways, lawns and sewage disposal areas as shown on an approved or conditionally approved building permit, do not exceed in the aggregate twenty-five per cent (25%) of the lot area or ten thousand (10,000) square feet, whichever is greater. [amended October 11,2008, WA 17]
Research Facility: A facility for the investigation into the natural, physical, or social sciences, which may include engineering or product development.
Residential Care Facility: An institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision to two (2) or more patients who are not related to the governing authority or its members by marriage, blood or adoption.
Restaurant: Any establishment where food and drink are prepared, served, and consumed either on the premises or outside the confines of the restaurant (i.e, take-out). This definition specifically excludes Drive-thru service.
Restaurant, Drive-thru: An establishment where food or beverage is sold in a form ready for consumption, where all or a significant portion of the consumption occurs outside the confines of the establishment. Ordering and receipt of food is likely to take place in an automobile, and the customer does not leave the vehicle.
Retail Business: Any business primarily engaged in the sale, rental, or lease of goods or services individually or in small quantities to the ultimate consumer for direct consumption or use and not for resale. Retail trade or business shall not include other commercial uses specifically defined herein.
Road: Any right-of-way (ROW) intended to be used for the passage of persons or vehicles.
Road Opening: Any new or improved opening, excavation, repair, alteration, or driveway cut into the Roads and their corresponding rights-of-way, owned or regulated by the Town. [added by Town Meeting 10/7/06, Article 12]
School: Any building or part thereof which is used for education or instruction in any branch of knowledge, to include public, private, business, trade, driving, and dance schools.
Setback: A line that is a required minimum distance from the road or right-of-way line or any other lot line that establishes the area within which the principal and accessory structures must be erected or placed.
Setback, Front: Setback between the front lot line and front line of a building.
Setback, Rear: Setback between the rear lot line and rear line of a building.
Setback, Side: Setback between the side lot line and side line of a building.
Shed: A small accessory building 144 square feet or less in area, which is used primarily for storage.
Sign: Any structure or part thereof, attached thereto, or painted, or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device, or representation used as, or which is in the nature of, an announcement, direction, or advertisement.
Single-family Dwelling: A building that is a single dwelling unit. A modular home of two (2) or more component parts shall under this Ordinance be considered to be a single-family dwelling.
Social Events Center: A place designed and equipped for the conduct of social gatherings and open to scheduled groups for financial consideration.
Special Exception: A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning district as Special Exceptions if specific provision for such Special Exception is made in this Zoning Ordinance. Special Exceptions require approval from the Board of Appeals and the Planning Board in accordance with the standards and procedures established in this Ordinance.
Street: A publicly dedicated way including the entire right-of-way, maintained under public authority for vehicular traffic, and accepted by the Town, or approved by the Planning Board with the proposed improvements conditioned by a performance bond in accord with § 101–II–3, ¶ B. of the Subdivision Regulations. Included in this definition is any public easement road which is part of the public easement granted by Frye Island, Inc., in 1999 and accepted by the Town.
Structure: A building and/or improvements to the real property, including paved surfaces.
Subdivider: The assessed owner or owners of land to be subdivided.
Subdivision: For the purposes of these Land Use Ordinances, a “subdivision” shall be defined as in 30A M.R.S.A. § 4401(4), as amended – the division of a tract or parcel of land into three (3) or more lots within any five (5) year period. This definition applies whether the division is accomplished by sale, lease, development, building or otherwise. A lot of forty (40) or more acres shall not be counted as a lot except when the lot or parcel from which it was divided is located entirely or partially within any shoreland area.
Substantial Start: Completion of fifty percent (50%) or more of a permitted structure measured as a percentage of the total cost to construct, within 12 calendar months of the issuance of the building permit. [amended Town Meeting 10/7/06, Article 11]
Swimming Pool, Permanent: An in-ground swimming pool, regardless of size, or an aboveground swimming pool of one thousand two hundred (1,200) gallons or greater capacity.
Swimming Pool, Portable: An aboveground swimming pool with a side height of thirty (30) inches or more and a capacity of less than twelve hundred (1,200) gallons.
Temporary Sign: A sign other than a portable sign designed and intended to be displayed for a short period of time.
Timber Harvesting: The cutting and removal of trees from their growing site; the attendant operation of mobile or portable chipping mills and cutting, limbing, and skidding machinery; and the creation and use of skid trails, skid roads, and winter haul roads. In addition, one of the following amounts must be cut or removed from the site to meet this definition:
A. Forty (40) or more cords.
B. Twenty thousand (20,000) or more board feet.
C. Sixty (60) or more tons of chips.
Town: The Town of Frye Island, Maine
Tradesman: Any occupation or profession meeting the performance standards of § 101–I–5, ¶ C. which satisfies all of the following conditions:
A. Is accessory to a residential use.
B. Is customarily carried on in a building or other structure accessory to a dwelling unit.
C. Is carried on by a member of the family residing in the dwelling.
Transmission Towers: Any freestanding or guyed structure, except for amateur (ham) radio towers and municipally owned and operated towers, on which transmitting and/or receiving antennas and associated cable and supports are located. Unless specifically stated otherwise, the term “transmission tower” shall include the tower, the tower base, and any attached receiving or transmitting device.
Travel Trailer: Any unmotorized towed vehicle which is used or so constructed as to permit it being used as a conveyance on the public streets and highways, is duly licensed as such, and is constructed in such a manner as to permit occupancy thereof as a temporary dwelling for one (1) or more persons. For the purposes of this definition, “temporary dwelling” shall be considered to be a maximum of one hundred and twenty (120) days in any calendar year. A Travel Trailer shall not be construed as a mobile home for the purposes of this Ordinance.
Treatment/Extraction: Physical or chemical process of transforming a product or materials into goods to be re-used for wholesale distribution.
Variance: A departure from the requirements of this Ordinance as authorized by the Board of Appeals only where strict application of the Ordinance would cause undue hardship as defined in Title 30-A, Section 4353, as amended.
Veterinary Clinic: A place for the diagnosis and treatment of animals.
Warehouse: A building used primarily for the temporary storage of goods and materials.
Yard: The area of land on a lot that is normally cultivated and is not occupied by the principal building.
Yard or Garage Sale: A sale, conducted indoors or out of doors, of used household goods, curios, and the like. “Yard or garage sales,” as distinguished from flea markets, shall be considered to be accessory uses under this Ordinance. Yard or Garage sales shall meet and maintain minimum standards contained in §101–I–5, ¶ D.
[Sections § 101–I–3 through § 101–I–10: Zoning Regulations]
§ 101–I–3. District Regulations
A. R – Residential Districts
It is anticipated that these areas will not be sewered but will provide for residential development in a low-density, self-sustaining, rural environment, with Site Plan Review providing careful controls to ensure the compatibility of future development.
1. Written approval
Land uses in this district shall require written approval from the authority as indicated (e.g., Special Exception approval by the Board of Appeals, site plan approval after Site Plan Review by the Planning Board), prior to issuance of a permit by the Code Enforcement Officer.
2. Permitted uses not requiring CEO approval
Permitted uses listed below do not require approval by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)
a. Agriculture
3. Permitted uses requiring CEO approval only
Permitted uses listed below require approval from the Code Enforcement Officer only, and do not require Site Plan Review. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)
a. Accessory uses and buildings
4. Permitted uses requiring site plan review
Permitted uses listed below require Site Plan Review and approval by the Planning Board, in accordance with § 101–I–15, prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)
a. Adult day care (on a conforming lot only, not permitted in a cluster subdivision)
b. Church
c. Day care home (on a conforming lot only, not permitted in a cluster subdivision)
e. Home retail sales (on a conforming lot only, not permitted in a cluster subdivision)
5. Uses requiring special exception
Uses listed below shall first require approval from the Board of Appeals as a Special Exception, in accordance with standards set forth in § 101–I–14, ¶ C.1.b. Such uses shall also require Site Plan Review and approval from the Planning Board prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)
a. Home occupation level 2 (on a conforming lot only, not permitted in a cluster subdivision)
6. Minimum lot size
Minimum lot size (minimum area per family) shall be as follows:
a. Area: forty thousand (40,000) square feet without public water; twenty thousand (20,000) square feet with public water
b. Frontage: [amended October 6, 2001; WA 14] fifty (50) feet
c. Lot width: one hundred (100) feet
7. Minimum setback dimensions
Minimum setback dimensions for lots shall be as follows:
a. Front building setback: fifty (50) feet
b. Side building setback: fifteen (15) feet
c. Rear building setback: fifteen (15) feet
8. Accessory building setbacks
Accessory buildings except sheds must meet the following setback requirements:
a. Front building setback: thirty (30) feet
b. Side building setback: fifteen (15) feet
c. Rear building setback: fifteen (15) feet
9. Shed setbacks
Sheds (accessory buildings 144 square feet or less) must meet the following setback requirements:
a. Front building setback: thirty (30) feet
b. Side building setback: ten (10) feet
c. Rear building setback: ten (10) feet
10. Lots in a cluster subdivision
Lots in a cluster subdivision must maintain the setbacks approved with the subdivision unless a variance is obtained.
B. RU – Rural Districts
These areas are generally rural now, unsewered, and it is proposed that they remain in a very low density of development in order to prevent future problems, with Site Plan Review providing careful controls to ensure the compatibility of future development.
1. Written approval
Land uses in this district shall require written approval from the authority as indicated (e.g., Special Exception approval by the Board of Appeals, site plan approval after Site Plan Review by the Planning Board), prior to issuance of a permit by the Code Enforcement Officer.
2. Permitted uses not requiring CEO approval
Permitted uses listed below do not require approval by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)
a. Agriculture
3. Permitted uses requiring CEO approval only
Permitted uses listed below require approval from the Code Enforcement Officer only, and do not require Site Plan Review. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)
a. Accessory uses and buildings
g.
Transmission towers (subject to the restrictions set
forth in § 101–I–4, ¶ N,
Regulations Concerning Transmission Towers)
4. Permitted uses requiring site plan review
Permitted uses listed below require Site Plan Review and approval by the Planning Board, in accordance with § 101–I–15, prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)
a. Adult day care (on a conforming lot only, not permitted in a cluster subdivision)
b.
Business and professional offices
less than two thousand (2,000) square feet
(on a conforming lot only, not permitted in a cluster subdivision)
c. Cemetery
d. Church (on a conforming lot only, not permitted in a cluster subdivision)
e. Day care home (on a conforming lot only, not permitted in a cluster subdivision)
f. Home occupation level 2 (on a conforming lot only, not permitted in a cluster subdivision)
g. Home occupation level 3 (on a conforming lot only, not permitted in a cluster subdivision)
h. Home retail sales (on a conforming lot only, not permitted in a cluster subdivision)
i. Municipal use.
j. Private club
l. Residential care facility (on a conforming lot only, not permitted in a cluster subdivision).
m. Restaurant (on a conforming lot only, not permitted in a cluster subdivision).
n.
Retail business less than two
thousand (2,000) square feet
(on a conforming lot only, not permitted in a cluster subdivision).
o. Social events center (on a conforming lot only, not permitted in a cluster subdivision).
p. Tradesman
5. Uses requiring special exception
Uses listed below shall first require approval from the Board of Appeals as a Special Exception, in accordance with standards set forth in § 101–I–14, ¶ C.1.b. Such uses shall also require Site Plan Review and approval from the Planning Board prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)
a. Animal husbandry (does not require a permit from the Code Enforcement Officer)
c. Deleted [October 6, 2001; WA 13]
e. Community living facility (on a conforming lot only, not permitted in a cluster subdivision)
f. Day care center (on a conforming lot only, not permitted in a cluster subdivision)
g. Funeral home (on a conforming lot only, not permitted in a cluster subdivision)
h. Inn (on a conforming lot only, not permitted in a cluster subdivision)
i.
Kennel
(on a conforming lot only, not permitted in a cluster subdivision)
Kennels must be located such that they are 200 feet from all adjacent
property lines
6. Minimum lot size
Minimum lot size (minimum area per family) shall be as follows:
a. Area: three (3) acres
b. Frontage: two hundred (200) feet
c. Lot width: two hundred (200) feet
7. Minimum setback dimensions
Minimum dimensions for lots shall be as follows:
a. Front building setback fifty (50) feet
b. Side building setback: fifty (50) feet
c. Rear building setback: fifty (50) feet
8. Lots in a cluster subdivision
Lots in a cluster subdivision must maintain the setbacks approved with the subdivision unless a variance is obtained.
C. WOC – Water-oriented Commercial Districts
These areas are to provide for retail sales and services and to serve water recreation users or uses otherwise compatible with marina and other water-oriented commercial activities. Approval will be required under the Site Plan Review ordinances.
1. Written approval
Land uses in this district shall require written approval from the authority as indicated (e.g., Special Exception approval by the Board of Appeals, site plan approval after Site Plan Review by the Planning Board), prior to issuance of a permit by the Code Enforcement Officer.
2. Permitted uses not requiring CEO approval
Permitted uses listed below do not require approval by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)
3. Permitted uses requiring CEO approval only
Permitted uses listed below require approval from the Code Enforcement Officer only, and do not require Site Plan Review. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)
a. Accessory uses and buildings
e.
Transmission towers (subject to the restrictions set
forth in § 101–I–4, ¶ N,
Regulations Concerning Transmission Towers)
4. Permitted uses requiring site plan review
Permitted uses listed below require Site Plan Review and approval by the Planning Board, in accordance with § 101–I–15, prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)
c. Business and professional offices
e. Hotel
f. Marina
g. Motel
i. Restaurant
5. Uses requiring special exception
Uses listed below shall first require approval from the Board of Appeals as a Special Exception, in accordance with standards set forth in § 101–I–14, ¶ C.1.b. Such uses shall also require Site Plan Review and approval from the Planning Board prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)
a. Deleted [October 6, 2001; WA 13]
6. Minimum lot size
Minimum lot size (minimum area per family) shall be as follows:
a. Area: eighty thousand (80,000) square feet without public water; sixty thousand (60,000) square feet with public water
b. Frontage: one hundred seventy-five (175) feet
c. Lot width: one hundred seventy-five (175) feet
7. Minimum setback dimensions
Minimum setback dimensions for lots shall be as follows:
a. Front building setback: fifty (50) feet
b. Side building setback: fifteen (15) feet
c. Rear building setback: fifteen (15) feet
8. Accessory building setbacks
Accessory buildings except sheds must meet the following setback requirements:
a. Front building setback: thirty (30) feet
b. Side building setback: fifteen (15) feet
c. Rear building setback: fifteen (15) feet
9. Shed setbacks
Sheds (accessory buildings 144 square feet or less) must meet the following setback requirements:
a. Front building setback: thirty (30) feet
b. Side building setback: ten (10) feet
c. Rear building setback: ten (10) feet
D. RC – Recreational Districts
These areas are currently used for non-commercial recreational purposes and it is anticipated they will remain recreational.
1. Written approval
Land uses in this district shall require written approval from the authority as indicated (e.g., Special Exception approval by the Board of Appeals, site plan approval after Site Plan Review by the Planning Board), prior to issuance of a permit by the Code Enforcement Officer.
2. Permitted uses not requiring CEO approval
Permitted uses listed below do not require approval by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)
None
3. Permitted uses requiring CEO approval only
Permitted uses listed below require approval from the Code Enforcement Officer only, and do not require Site Plan Review. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)
a. Family games such as badminton, horseshoes, etc.
b. Picnicking
c. Small boat launching, for example, kayaks, canoes, and small sailboats such as Sunfishä
d. Swimming
4. Permitted uses requiring site plan review
Permitted uses listed below require Site Plan Review and approval by the Planning Board, in accordance with § 101–I–15, prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)
a. Accessory uses and buildings (on a conforming lot only)
b. Archery range
c. Day camp for children (on a conforming lot only)
d. Hiking and nature trails
e. Manufactured building (on a conforming lot only)
f. Playgrounds for children (on a conforming lot only)
g.
Recreational fields, for example, softball or hardball fields, basketball,
soccer,
volleyball, etc. (on a conforming lot only)
h. Shed (on a conforming lot only)
i. Tennis courts
5. Minimum lot size
Minimum lot size shall be as follows:
a. Twenty thousand (20,000) square feet for permitted uses not requiring Site Plan Review
b. Forty thousand (40,000) square feet, for permitted uses requiring Site Plan Review
6. Minimum setback dimensions for lots 40,000 square feet or more
Minimum setback dimensions for lots forty thousand (40,000) square feet or more shall be as follows:
a. Front building setback: fifty (50) feet
b. Side building setback: forty ( 40) feet
c. Rear building setback: forty (40) feet
7. Minimum setback dimensions for lots less than 40,000 square feet
Minimum setback dimensions for lots less than forty thousand (40,000) square feet shall be as follows:
a. Front building setback: fifty (50) feet
b. Side building setback: twenty (20) feet
c. Rear building setback: twenty (20) feet
E. Prohibited Uses
The following new uses are prohibited in all districts in the Town of Frye Island.
1. Airport
1a. Campground [amended October 6, 2001; WA 13]
4. Car wash
5. College
8. Mineral extraction (except as permitted in § 101–I–4, ¶ Q, Mineral Extraction)
9. Hospital
10. Junkyard
11. Manufacturing, processing, treatment/extraction
12. Medical Clinic
15. Nursing home
16. Recycling center (except when a municipal use)
18. School
20. Two-family dwelling
22. Warehousing and outside storage
23. Wholesale business
A use not contained is the above list is, nevertheless, not permitted in a particular district unless it is stated as a permitted use for that district in the appropriate section above.
§ 101–I–4. General Standards
A. Applicability
The following provisions shall apply to all districts unless otherwise specified.
B. Zoning Map
The Official Zoning Map of the Town of Frye Island, dated December 1997 and as subsequently amended, is hereby adopted as a part of this Zoning Ordinance and shall be the final authority as to the current zoning status of the land and water areas, buildings, and other structures in the Town.
C. District Boundaries
District boundaries shown within the lines of roads, streams, and transportation rights-of-way shall be deemed to follow the center lines. The abandonment and nonuse of roads shall not affect the location of such district boundaries. When the Code Enforcement Officer cannot definitely determine the location of such district boundary, he shall refuse action, and the Board of Appeals, upon appeal, shall interpret the location of the district boundary with reference to the scale of the Zoning Map and the purposes set forth in all relevant provisions of this Ordinance.
If a district boundary divides a lot, the provisions of the least restrictive district may apply for a distance of up to fifty (50) feet into the more restrictive district.
D. Lots
1. Corner lots
a. Front setbacks shall be defined as follows:
i. Where a corner lot has more than one contiguous side abutting a street and each of the sides abutting a street has approximately the same length (that is, the shortest of said sides abutting a street has a length at least 95% the length of the longest of said sides abutting a street), the lot shall provide the required front setback along every such street.
ii. Where one of the sides abutting upon a street is shorter than the other side(s) abutting upon a street, for the purposes of this section the shorter side shall be deemed the front regardless of the direction in which any buildings may face, and the front building setback shall be as specified for that size lot.
b. Side setbacks shall be defined as follows:
i. Where the width of the lot as viewed from said shorter side is less than one hundred (100) feet, the building setback from streets other than the front shall be thirty (30) feet.
ii. Where the width of the lot is between one hundred (100) and one hundred twenty (120) feet, the building setback from streets other than the front shall be forty (40) feet.
iii. Where the width of the lot is at least one hundred twenty (120) feet, the building setback from streets other than the front shall be as specified for front building setback for that size lot.
c. Where an owner of a corner lot believes that the 30 or 40 foot setback requirement will render appropriate use of the property for a single-family dwelling difficult, such owner may request a Special Exception upon proof of notification to all abutters. Such Special Exception shall require approval only by the Board of Appeals.
2. Non-conforming lots [amended October 11, 2003, WA 11]
a. A single lot of record which fails to meet the requirements for area, or width, or both, that are generally applicable in the district may be built upon subject to the following conditions and restrictions:
i. The lot must have been in ownership separate from that of all lots and parcels contiguous to it prior to the date on which the lot became non-conforming by reason of adoption or amendment of this Ordinance.
ii. It must not share a common property line with other such lots in the same ownership,
iii. Yard and other requirements not involving area or width must conform to the regulations for the district in which the lot is located, except that said lot need not have adequate street frontage so long as there is either a public or private vehicular access way to the lot.
iv. No more than one single-family dwelling may be built upon such single lot.
v. Variance of area, width and yard requirements shall be obtained only through action of the Board of Appeals.
b. Contiguous lots, vacant or partially built. If any of two (2) or more contiguous lots under single or joint ownership fails to meet the dimensional requirements of this Ordinance or subsequent amendments, and if one (1) or more of the lots are vacant or contain(s) only an accessory building, then the lots shall be combined to the extent necessary to meet all dimensional requirements. This subsection is intended to apply to all lots, whether shown on a recorded plan or not. It is specifically intended that this provision shall require the merger of improved lots with unimproved lots and is not limited to merging unimproved lots only. Contiguous lots each containing a dwelling unit prior to becoming non-conforming or prior to coming under common ownership shall not be merged.
3. Back lots
a. Access
i. A fifty (50) foot wide access shall be provided for back lots.
ii. Said access shall be owned either in fee or permanent easement and maintained by the back lot users.
iii. Record of said access way shall be recorded as part of the deed of each lot user on file with the Cumberland County Registry of Deeds.
iv. Access way entrance to a street shall conform to standards of Article II, Subdivision
, and shall be approved by the Public Works Director.
v. The issuance of a building permit for a single-family dwelling on a back lot shall in no way be construed to imply the acceptance of any access way for the purpose of maintenance or improvements by the Town of Frye Island.
vi. Creation of a subdivision requires compliance with the provisions of Article II, Subdivision Ordinance.
b. Frontage
Frontage equal to the street frontage required for the zoning district shall be required along the access way.
c. Lot size
i. Any back lot shall be equal to or greater than the minimum lot size dimensions required for the zoning district. Computation of minimum lot size area shall not include any portion of the area devoted to an access way.
ii. The side of the lot nearest and generally parallel to the road to which the back lot access way leads shall have a frontage width equal to the street frontage required for the zoning district.
d. Construction of private way
i. The construction of private ways shall meet the standards specified in §–101–II–6, ¶ B, Street Design Standards.
ii. The issuance of a building permit for a single-family dwelling on a back lot shall in no way be construed to imply the acceptance of any access way for the purpose of maintenance or improvements by the Town of Frye Island.
iii. A lot which currently meets minimum road frontage requirements shall not count as a lot for the purpose of this section, unless the access way services such lot.
iv. This section is not intended to prohibit the Board of Appeals from granting a variance if the variance requirements are met.
4. Lots with adequate water frontage
Not withstanding any provisions to the contrary in these Land Use Ordinances, a single lot of record which lacks adequate road frontage and does not have public or private motor vehicle access may be built upon and used for any use allowed in the zoning district if such lot has water frontage which equals or exceeds the road frontage requirement in the zoning district and is accessible by watercraft.
5. Non-Conforming Setbacks [amended October 11,2008, WA 20]
A. Setback Reduction
Appeals: The Board of Appeals may grant reductions from the minimum setback
requirements according to all of the following criteria:
1. Setback reduction appeals are only available to reduce the minimum requirements for setbacks of structures from Lot boundary lines. Setback reduction appeals shall not be used, and are not available, to reduce required minimum setbacks of structures from bodies of water as provided in this ordinance.
2. The Board of Appeals shall grant a setback reduction appeal if the Board finds that granting the setback reduction will not result in unreasonable interference with the privacy interests of the abutting landowners.
3. In granting a setback reduction the Board of Appeals may attach reasonable conditions which it may deem necessary to serve the purpose of this ordinance.
4. A setback reduction appeal shall not be granted to enable construction or renovation that will result in more than one garage on the lot that is the subject of the appeal.
5. Setback reduction appeals may only be granted to the minimum extent necessary to accomplish the purpose of the appeal. Setbacks may not be reduced by appeal to less than the following absolute minimum setbacks:
Side yard 10 feet
Front yard 30 feet for a dwelling unit and 20 feet for an accessory building
Rear yard 15 feet
E. Cluster Development
1. Where permitted
This technique is permitted, if approved by the Planning Board, in any district allowing residential development, subject to the use limitations contained in § 101–I–3.
2. Purpose of cluster development
The purpose of cluster development shall be to encourage a development which will result in:
a. Choices in the types of environment, living units, and quality in residential land use that will help make the development a permanent and long-term asset to the Town.
b. Contiguous open space and recreational areas which are accessible and functional.
c. A pattern or development which preserves trees, outstanding natural topography, and geologic features and which prevents soil erosion.
d. An efficient use of land resulting in smaller networks of utilities and streets.
e. An environment in harmony with surrounding development.
f. A more desirable environment than would be possible through the strict application of other sections of this Ordinance.
g. A subdivision design which creates lots with frontage and primary access to roads that helps to preserve existing undeveloped land along roads and to provide safe access for individual lots in the proposed development.
h. A subdivision design which strives to surround areas utilized for individually owned lots with common open space.
i. Common open space functioning as an adequate buffer between the individually owned lots in the subdivision and the abutting property not under the control of the applicant proposing the subdivision.
3. Information required in cluster development proposal
Proposals for residential cluster development projects shall be submitted to the Code Enforcement Officer, who shall submit copies to the Planning Board. A site plan drawing shall be included in the proposal and shall show the following:
a. All buildings, parking areas, signs, and landscaping at a scale sufficient to permit the study of all elements of the plan.
b. Adjacent building outlines and other outstanding features within two hundred (200) feet or as required by the Planning Board.
c. All utilities, both shown and described.
d. Elevations for all signs.
e. Typical elevations and floor plans of all buildings may also be required.
4. Planning Board authority
The Planning Board shall have the authority to approve or deny any applicant’s proposal for a cluster subdivision based on the Board’s determination as to whether or not the proposal is consistent with the purposes of allowing cluster development as stated in this section.
5. Predominant use constraints
The predominant use of the land shall not differ from the uses permitted in the district in which the plan is located.
6. Minimum area per family
The minimum area per family (square feet) under cluster development shall conform to district requirements.
7. Permitted modifications in area per dwelling unit requirements
The Planning Board, in reviewing and approving a proposed residential subdivisions under this section, may approve a reduction in the area requirements to allow one dwelling per acre if the project meets the standards contained in this section. The remainder of the required acreage per lot for that zone will be deeded to open space as established in § 101–I–4, ¶ K. below, to be used for green space or buffers between the subdivision and abutting subdivisions or rights-of-way.
F. Family Apartment Standards
1. Purpose
The purpose of the provisions concerning a family apartment is to provide a means for family members to inhabit a separate residence, co-located with a primary dwelling unit, while protecting the single-family character of residential neighborhoods.
2. Approval
A family apartment requires approval from the Code Enforcement Officer. It shall be the duty of the CEO to review all District Regulations and applicable standards and approve a Family Apartment if, in the opinion of the CEO, the Family Apartment meets regulations and standards.
3. Performance Standards
a. A family apartment shall not be permitted as a non-conforming structure nor in conjunction with any existing non-conforming structure, unless granted a variance by the Board of Appeals.
b. A family apartment shall only be allowed as an accessory use of an existing single-family residence. A family apartment is specifically disallowed as an accessory use to a duplex, or any multi-family dwelling.
c. A family apartment shall only be occupied by a direct family member, by blood, adoption or marriage. If a family apartment has been approved by the Town and a family member no longer lives in the apartment, then the Town approval shall be considered void. This specifically disallows usage of said apartment by non-family members.
d. Adequate off-street parking, as determined be the CEO, is required for both residences.
e. The family apartment shall not exceed 30% of the floor area of the main dwelling unit. Floor area measurements shall not include unfinished attic, basement or cellar spaces, nor public hallways or other common areas.
f. Any request for a family apartment shall conform to all provisions of the Maine State Plumbing Code. No dwelling that is served by an on-site wastewater disposal system shall be modified to create a family apartment until a site evaluation has been conducted by a licensed soil evaluator which demonstrates that a lawful wastewater system will be utilized, in support of both the primary residence and family apartment.
g. Any structural changes must meet applicable building codes. No open or enclosed outside stairways shall be permitted above the first story.
h. Additional land area and/or frontage are not required for a family apartment provided that the standards contained herein are met and maintained.
G. Community Living Facility Standards
1. Planning Board review
The Planning Board shall review all community living facilities under Site Plan Review, according to the provisions of § 101–I–15, Site Plan Review, including the conditions listed in ¶ B of that section. The Planning Board shall also have the authority to modify or disapprove the application based on any of the following problems:
a. The proposed use would create or aggravate a traffic hazard.
b. The proposed use would hamper pedestrian circulation.
c. The proposed use would not permit convenient access to commercial shopping facilities, medical facilities, public transportation, fire protection, or police protection.
d. The proposed use would not comply with applicable building, housing, plumbing and other safety codes, including municipal minimum lot size and building set-back requirements for new construction.
e. The proposed use would not comply with the density requirements of ¶ G.2. below.
2. Density regulation
Density regulation of community living uses is intended to permit the location of these uses within a municipality while ensuring that they will not become overly concentrated in neighborhoods to the detriment of either the neighborhoods or those residing in the community living uses.
3. Excluded uses
The Town of Frye Island shall not approve a community living facility if, as determined by the Planning Board, any of the following conditions are met:
- A proposed community living use would be located within 1,500 feet of an existing community living use.
- A proposed community living use would result in the excessive concentration of these uses within the zone or municipality.
H. Manufactured Housing Units
1. Restrictions on manufactured housing units located outside mobile home parks
Manufactured housing units which are placed on lots outside of mobile home parks must:
a. Not be located within an historic district which has been included on the National Historic Register.
b. Shall meet all applicable State standards including, but not limited to Title 30-A, Section 4358, Regulation of Manufactured Housing, and Title 10, Section 9094, as amended, Restrictions on Sale or Removal of Mobile Homes.
c. Deleted [October 6, 2001; WA 11]
2. Mobile home park restrictions
Mobile home parks shall conform to the following space and bulk standards:
a. Mobile park lot size: twenty thousand (20,000) square feet, except that where a clustered septic system is utilized, lot sizes may be reduced to twelve thousand (12,000) square feet, provided that the entire park parcel contains at least twenty thousand (20,000) square feet per lot or unit.
b. Minimum road frontage: one hundred (100) feet.
c. Minimum distance between buildings: thirty (30) feet.
d. Minimum setback from property line of individual lot: fifteen (15) feet.
e. Minimum setback from the mobile home park property line: sixty (60) feet.
f. Maximum building height: twenty-five (25) feet.
g. Road standards: these standards shall conform to standards developed by the Manufactured Housing Board.
I. Temporary Structures
Temporary structures used in conjunction with construction work shall be permitted during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six-month period and may be renewed by the Building Inspector.
J. Height Regulations
The building height limitations for all districts shall be thirty-five (35) feet with the following exceptions:
1. Silos for the storage of feed crops.
2. Steeples.
3. When otherwise authorized by the Board of Appeals in cases where it is consistent with the objectives of the Comprehensive Plan, will not adversely affect surrounding areas, and is in scale with its environs.
K. Open Space
1. Purpose
The purpose of this section is to provide for controlled flexibility of lot sizes in residential developments in order that the number of dwelling units contemplated by the lot size and density requirements of this Ordinance may be maintained on an overall basis while preserving, for the benefit of the residents in such developments, desirable open space, tree cover, scenic areas, and natural features.
2. Procedure for reducing lot or unit area requirements
A developer shall be allowed to reduce the lot or unit area requirement in any residential development in accordance with the following procedure:
a. The maximum number of lots or units to be permitted within any residential development shall be determined by reducing the total area of the proposed development as follows:
1. By deducting fifteen percent (15%) for street rights-of-way.
2. By removing those portions thereof which are undevelopable, such as rock outcrops, gravel pits, wetlands, or due to configuration, steepness of slope, subsurface conditions, or other existing natural impediments.
The remaining developable area shall be divided by the minimum lot area to determine the maximum number of lots or units permitted.
b. By reserving a portion of the developable area, as determined in ¶ K.2.a. above, as open space, any developer shall be able to increase the number of lots or, with uniform decrease in lot sizes, the number of units in the proposed development, above the number determined under ¶ K.2.a. above. Such property reserved for use by the public or by the residents of such development as natural or improved open space must be approved by the Planning Board, with the permitted increase being according to the following Table:
|
|
Percentage of Developable Area So Reserved |
Percentage Increase Over Maximum Number |
||
|
10% |
4% |
|
||
c. The property reserved under ¶ K.2.b. shall be deeded to the Town for park purposes, if the Town accepts the same; or shall be deeded to a compulsory association, to be composed of all property owners in such development; or shall be so reserved by recorded instrument and plan or other means approved by the Planning Board.
d. The Planning Board shall permit lot or unit area reduction within the limitations of this section upon a showing that all of the following conditions have been met:
i. The property to be reserved is in a location, shape, topography, size, condition, and nature of growth which will preserve for the residents of such development desirable open space, tree cover, scenic areas, or natural features.
ii. Adequate provisions for such dedication have been completed.
L. Campsite Size
Campsite size shall conform to the standards in § 101–III–15, ¶ D, Individual Private Campsites.
M. Water Recreation and Water Storage Facilities
Any facility for water recreation, such as private swimming pools, outdoor water storage tanks, swimming clubs, commercial fishing ponds, or any other water storage facility, such as reservoirs, fish hatcheries and sewage lagoons, excluding fire ponds, shall comply with the following requirements:
1. Setback and CEO permit requirements
The facility shall, at a minimum, conform to the setback requirements and require a permit issued by the Code Enforcement Officer.
2. Fencing of below-ground facilities
Below-ground facilities shall be enclosed by a fence no less than four (4) feet high to prevent uncontrolled access by small children.
3. Parking requirements
The facility, if operated to attract visitors, shall comply with parking requirements established under § 101–I–6, ¶ C..
4. Submittal of plan to Planning Board
Before a permit shall be issued to the operator or owner of the facility, a plan shall be submitted to the Planning Board showing size of facility, proposed use, parking arrangement, use of buildings on the site, surrounding properties and their usage, and any other pertinent information.
5. Permit requirement for private swimming pools
For private swimming pools, the Code Enforcement Officer shall issue a permit.
N. Regulations Concerning Transmission (Antenna) Towers
1. Intent
The intent of this section is to regulate the location and erection of all transmission towers in all districts in order to:
a. Minimize adverse visual effects of towers through careful design, siting, and vegetative screening.
b. Avoid potential damage to adjacent properties from tower failure and falling ice through engineering and careful siting of tower structures.
c. Preserve the rural character of Frye Island.
2. Tower height restrictions
Towers shall not exceed two hundred (200) feet in height above ground surface in all districts where permitted except the Rural District, where the height is restricted to one hundred twenty-five (125) feet. Special Exceptions and variances shall not be granted. Municipal towers are not exempt from these requirements, unless the tower is an accessory use with a municipal building where the municipal tower shall not exceed two hundred (200) feet.
3. Setback requirements
All transmission towers shall be set back from the lot lines a distance of one and one-half (1 1/2) times the structure height, but not less than the minimum setback requirements for that zone. Other structures including but not limited to any accessory structure(s) and guy wire anchors must meet setbacks established in this Ordinance. Municipal towers are exempt from these requirements when the tower is an accessory use with a municipal building.
4. Proof of conformity required
When regulated by the United States Federal Aviation Administration (FAA) or Federal Communications Commission (FCC), applications for transmission towers shall be accompanied by evidence that such tower (and any related structures) meets or can meet requirements and specifications of the FAA and FCC. The applicant shall also furnish evidence of appropriate FAA/FCC operator licensing prior to construction.
5. Fence or wall required
A chain link (security) fence or wall not less than eight (8) feet in height from the finished grade shall be provided around each transmission tower. Access to the tower(s) shall be through a locked gate.
6. Buffering required
Vegetative buffering must be provided to screen the transmission tower, including any accessory buildings and structures at ground level, from adjacent land uses. If existing vegetation does not provide adequate buffering, as defined by the Planning Board, to minimize visual impact of the structure, the Planning Board may require the applicant to provide a visual impact analysis by a qualified professional, at the applicant's expense, who will provide a written recommendation to the Planning Board for approval.
7. Lights
Lights shall be focused, shielded or hooded in accordance with this Ordinance. Security lights must be motion activated and shall not remain on when there is no activity in the vicinity of the tower.
8. Cooperation with Code Enforcement Officer
At least thirty (30) days prior to the beginning of transmission tower construction, the applicant shall notify the Code Enforcement Officer of the date on which construction will begin. The Code Enforcement Officer may require the applicant to pay the cost for special officers to ensure traffic safety while the transmission tower and related materials and equipment are being delivered to the site and to take other reasonable measures which might be necessary to protect rights-of-way, neighboring property, and persons during construction of the transmission tower.
9. Radiation levels
The design, siting and operation of the transmission tower and any related structures must assure that all potentially hazardous radiation is controlled or contained and that radiation levels are at safe levels at the property lines of the site. The standards for emission levels shall be the Federal or State NIER emission or measurement standard, whichever is more strict. Until such standard(s) is established, the NIER emissions shall not expose the general public to ambient radiation exceeding an equivalent plane wave power density of zero and two-tenths (0.2) milliwatts per square centimeter (mW/cm2) from thirty (30) to three hundred (300) megahertz (MHz) frequency range, averaged over a one-tenth-hour period. The standard shall be measured at the property lines.
10. Color of tower
Subject to federal requirements stating otherwise, transmission towers shall be finished or painted silver or gray or retain galvanized finish in order to blend with the sky above treetop level and earth-tone colors to blend with colors below treetop level. The purpose of these requirements is to minimize the visual effects of the tower(s) through design, siting, or possible screening.
11. Permit required
a. A new permit or a modification of an existing permit shall be required:
i. Before any additional antenna or broadcasting capacity is added to the transmission tower facilities and capacity that exist at the time of a previous tower site plan approval.
ii. Before any changes are made to existing towers, accessory building, or other uses on the site not covered by a site plan approval.
b. The new permit or modification of a previously existing permit must provide all necessary information and assurances to substantiate that the tower is capable of safely handling the additional antenna and that the other site requirements (parking, screening, etc.) will be met according to the requirements of this ¶ N.
12. Safety
Prior to approval of Site Plan Review, the applicant shall establish that the location, construction, and operation of the proposed transmission tower will not represent a safety hazard to abutting properties or public rights-of-way.
13. Removal of tower
The transmission tower owner will notify the Code Enforcement Officer within thirty (30) days of the tower being taken out of operation. Within sixty (60) days of the tower going out of operation, the owner shall notify the Planning Board of his or her intentions for the tower in the future. If there is no future use intended for the tower, it must be dismantled and removed from the site within nine (9) months of the date of notice. The applicant shall be required to place in escrow an amount sufficient to cover the cost of tower removal, with this bond to be reviewed every ten (10) years. These requirements shall be placed on the site plan as conditions of the use.
14. Use of third-party professional
The Planning Board may require that certain information and evidence be provided by a third-party professional at the expense of the applicant to ensure that the requirements of this ¶ N. are satisfied.
O. Signs
Signs are specifically prohibited except as herein provided:
1. Materials and maintenance
All signs must be constructed of durable materials and shall be maintained in good condition and repair at all times.
2. Residential identification signs [amended October 6, 2001; WA 12]
In any district, a sign not exceeding four (4) square feet in surface is permitted without permit which announces the 911 designation number and/or the name of the street, owner, occupant, and/or house on which said sign is located. A sign that also announces the profession or home occupation of the occupant is also permitted but requires a permit as specified in ¶ O.5.
3. Bulletin boards
A bulletin board not exceeding twenty-four (24) square feet is permitted in connection with any church, school, or similar public structure. A bulletin board for a business is permitted provided that other provisions of this Ordinance are met. Any bulletin board for a business shall be counted towards the business’s total sign area.
4. Temporary real estate and construction signs
A temporary real estate or construction sign not exceeding six (6) square feet is permitted on the property being sold, leased, or developed. Such sign shall be removed promptly when it has fulfilled its function.
5. Permit required [amended October 6, 2001; WA 12]
Except as provided for in ¶ O.2, Residential Identification Signs, each new sign must receive a permit before erection from the municipal officers or their duly appointed agent.
6. Signs in disrepair
Any sign which is or becomes in disrepair shall be removed upon order of the municipal officers if not repaired after thirty (30) days' notice. Any new sign must conform to all regulations.
7. Business signs
Business signs shall be permitted in connection with any legal business so long as they meet the following requirements:
a. For individual business, professional, or commercial establishments, only one (1) sign shall be permitted per business, except by Special Exception.
b. The primary purpose of the above-referenced signs shall be for identification.
c. Signs shall not extend above the roof or parapet of the building.
d. Illuminated signs shall be shielded in such a way as to produce no glare, undue distraction, confusion, or hazard to the surrounding area or to vehicular traffic. Illumination shall be properly focused upon or from within the sign itself.
e. Signs attached to a building shall be perpendicular or parallel to the building facade.
f. Signs which are animated, gaudy, flashing, or with intermittent illumination are prohibited.
g. Signs shall not project over public rights of way or property lines.
h. Sign size shall be in proportion to the land use and the lot and building size, but in no case shall exceed one-half (1/2) square foot per linear foot of lot frontage. The maximum square footage of any sign, or signs when more than one (1) is permitted, shall be one hundred (100) square feet.
i. No permit for a portable sign shall be granted for a period in excess of 120 days for any particular property, business, or location in any twelve-month period. Portable signs shall not be placed on a lot such that sight distance along a public way is constricted, either for vehicles exiting the premises or for vehicles traveling along the public way.
j. Ground signs shall be at least fifteen (15) feet from any street or from any lot line of the premises. Such signs shall have a maximum height of ten (10) feet.
P. Fences
1. Purpose
The purpose of this paragraph. is to regulate the placement of fencing on Frye Island properties.
2. Fence permit required; standards
The property owner shall obtain a permit from the Code Enforcement Officer to erect a fence on their property. Said fence shall be at least twelve (12) inches from the abutting property line and shall be maintained by the owner of the property on which the fence stands. Fences may be erected at any distance less than 12 inches from the property line in the event written consent from the affected abutter (s) is provided to the Town.
3. Preexisting fences
Existing fences in place on the date of enactment of this Ordinance shall be considered grandfathered and may remain in place.
4. Fence violations and penalties
Any person found to have committed a violation of this Ordinance shall be fined an amount equal to twice the permit fee set forth from time to time by resolution of the Board of Selectmen.
Q. Mineral Extraction
1. Purpose
The purpose of this section is to regulate the removal, processing, and storage of topsoil and/or loam, rock, sand, gravel, and other similar natural assets within the boundaries of Frye Island and to ensure the scientifically sound, adequate, and appropriate management and utilization of these natural resources. These regulations are specifically intended to protect the quality of the groundwater and other water bodies, to prevent the lowering of the water table, to control erosion, and to provide for the safety of the public through access control.
2. Mineral extraction regulations
a. Mineral extraction is not permitted in any district in the Town of Frye Island, with the following exceptions::
i. Excavation whose sole purpose is to determine the nature or extent of mineral resources if it is accomplished by hand sampling, test boring, or other methods which create minimal disturbance. Test holes shall be filled in immediately after use.
ii. The removal of less than one thousand (1,000) cubic yards of material (except topsoil) in any one (1) year, provided that all of the following standards are met:
[1.] Such removal does not disturb an area greater than one (1) acre, meaning total excavated area.
[2.] Such removal does not cause unreasonable erosion as determined by a town-appointed Code Enforcement Officer (CEO).
[3.] The primary use of the excavated material is for the personal use of the owner.
[4.] No advertising or commercial sales of the excavated materials shall be permitted.
iii. Excavation or grading which is undertaken as part of and subordinate to an approved construction project, such as a subdivision, permitted structure or road.
b. The removal of more than five hundred (500) cubic yards of topsoil or loam in a calendar year from a site is not permitted unless it is undertaken as part of an approved construction project, is part of normal farm operations, or the topsoil or loam is being moved to a contiguous site having the same ownership.
R. Alternate Soils Test Pit
Any lot whose first soils test pit reads as a medium-large sewage disposal system or larger shall be required to have its alternate soils test pit located a minimum of one hundred twenty (120) feet from the first. This provision shall not apply to lots of record approved prior to the effective date of the Frye Island Zoning Ordinance.
S. (not used)
T. Road Opening Section
Any road opening must be approved by the Town or its designee(s) in advance. See Section 101-I-11 C for fines and penalties. [added by Town Meeting 10/7/06, Article 12]
U. Clear Cutting [amended October 11,2008, WA 17]
1. Prohibition
After the effective date of this Section, clear cutting of a lot is prohibited except as shown on an approved building permit
2. Remediation
If a lot is clear cut after the effective date of this Section, no Building Permit shall be granted for that lot until Remediation has been completed. If more than 5 trees are required, no one species shall make up more than 50% of the number of trees planted. The Code Enforcement Officer shall determine whether the Remediation is sufficient. The Code Enforcement Officer may issue a conditionally approved Building Permit showing the Remediation which is required, but construction may not be commenced until completion of the Remediation.
3. Secondary Growth
If a lot has been clear cut prior to the effective date of this ordinance, and no Substantial Start has been completed under a Building Permit, all secondary growth must be allowed to grow and remain until a building permit has been granted.
4. Permissible Cutting and Clearing
The requirements of § 101-III-15 N.3 shall apply to all lots in any Residential District in the Town, with the permissible clearing being calculated as though the entire lot were within the Shoreland Zone at distances greater than 100 feet, horizontal distance, from Sebago Lake.
§ 101–I–5. Home Business Standards
A. Home Occupation Levels
A home occupation is one that is performed accessory to a residential use and is customarily carried on in a dwelling unit. The use shall be carried on by a family member of a household residing in the dwelling unit and must be clearly incidental and secondary to the primary, residential use of the dwelling. The following conditions must be met and maintained:
1. Home Occupation Level 1
a. The occupation shall be carried on wholly within the principal building.
b. Not more than one person outside the dwelling unit shall be employed in the home occupation. For the purposes of a Home Occupation Level 1, persons living in a Family Apartment shall not be considered living in the household/dwelling unit.
c. There shall be no exterior display, no exterior sign, no exterior storage of material, nor other exterior indication of the home occupation or of variation from the residential character of the principal building.
d. No nuisance, offensive noise, vibration, smoke, dust, odors, heat, glare, or electrical distribution shall be generated by the home occupation.
e. Traffic in excess of that customarily occurring in a residential neighborhood shall not be generated. (Residential traffic shall be measured according to the current edition of the Institute for Traffic Engineers Handbook.)
f. Customers or clients must be limited to no more than two at any one time in the dwelling unit.
g. The home occupation shall not utilize more than 15% of the total floor area of the dwelling unit.
h. Retail sales can not be considered a Home Occupation Level 1.
i. No more than one home occupation, as determined by the Planning Board, shall be permitted within any single dwelling unit.
j. Adequate off-street parking spaces shall be provided for the maximum number of vehicles on site at any one time. In no case shall parking be on a road.
k. If customers/clients may need to visit the site for the home occupation, provisions must be made to ensure that all vehicles can adequately turn around on site before re-entering the road.
l. Home Occupation Level 1 can include, but is not be limited to, the following: art or craft studio, dress making service, and teaching or tutoring facilities. Home Occupation Level 1 shall not be interpreted to include the following: facilities for repair of motor vehicles or day care centers
m. CEO approval is required. If the owner/applicant wishes to appeal a determination made by the CEO for a Home Occupation Level 1 application, the owner/applicant shall apply to the Planning Board and the Planning Board shall determine the conditions that must be met and maintained.
2. Home Occupation Level 2
Same conditions as Home Occupation Level 1 except that:
a. Not more than two people outside the home shall be employed in the home occupation. Not more than one of the non-household employees shall be actively working on the property at any one time. For the purposes of Home Occupation Level 2, persons living in a family apartment shall not be considered to be living in the household/dwelling unit.
b. Any sign must meet standards contained in § 101–I–4, ¶ O, Signs, provided further that the total sign area for the Home Occupation Level 2 does not exceed eight (8) square feet.
c. The home occupation shall not utilize more than 20% of the total floor area of the dwelling unit.
d. Services are allowed on the premises. However, no retail sales are allowed unless all necessary approvals are obtained. All retail sales must be directly related to the home occupation as determined by the Planning Board.
e. Home Occupation Level 2 shall include but not be limited to the following: art studio, dress making shop, hairdressing shop, teaching or tutoring facilities, office of a physician, optometrist, lawyer, engineer, architect, or accountant, and office of a real estate broker or agent of an insurance broker. Home Occupation Level 2 shall not be interpreted to include the following: facilities for the repair of motor vehicles, day care centers, or retail sales other than qualifying home retail sales.
f. Planning Board Site Plan Review and approval is required.
3. Home Occupation Level 3
Same conditions as Home Occupation Level 2 except that:
a. The occupation may be carried on wholly within the principal structure or within accessory structures on the same lot such as a barn or garage.
b. Not more than three people outside the household shall be employed in the home occupation. For the purposes of Home Occupation Level 3, persons living in a family apartment shall not be considered living in the household/dwelling unit..
c. The home occupation shall not utilize more than 35% of the total floor area of the dwelling unit or principal structure.
d. For home occupations comprising more than 20% of the principal structure:
i. The minimum lot size specified for the district must be increased by 30%.
ii. Setbacks from directly abutting residential lots must be doubled.
iii. The number of commercial parking spaces specified in this Ordinance must be provided directly behind the principal structure
a. Any retail sales must be directly related to the home occupation.
b. Home Occupation Level 3 shall include but not be limited to the following: art studio, dress making shop, hairdressing shop, teaching or tutoring facilities, office of a physician, optometrist, lawyer, engineer, architect, or accountant, and office of a real estate broker or agent of an insurance broker. Home Occupation Level 3 shall not be interpreted to include the following: facilities for the repair of motor vehicles, day care centers, or retail sales other than qualifying home retail sales.
c. Planning Board Site Plan Review and approval is required.
B. Home Retail Sales
1. Applicability and Planning Board authority
Home retail sales are limited retail sales which are directly related to an approved home occupation and which meets and maintains all of the standards listed below. The Planning Board has the authority to review all home retail sales. The Planning Board may approve, with conditions, or deny a request for home retail sales based on applicable review standards.
The Planning Board has the authority to place limits and conditions on the home retail sales. Depending on the size and scale of the home retail sales, the Planning Board may require Site Plan Review approval.
2. Review considerations
The Planning Board shall consider the following elements when considering an application for home retail sales.
a. Provisions for adequate off street parking and on-site turn around areas for anticipated traffic volumes.
b. Adequate site distance when entering and exiting the site from a public road.
c. Potentially offensive nuisances including, but not limited to, traffic, parking, noise, vibration, smoke, dust, odors, heat, glare, and electric disturbance.
3. Standards
All home retail sales must meet and maintain the following standards:
a. All necessary approvals for the appropriate level of home occupation must be obtained.
b. The home occupation is accessory to residential use on the property, is customarily carried on by a member of the family residing in the dwelling unit, and is clearly incidental and secondary to the use of the dwelling unit for residential purposes.
c. The home retail sales shall occur in the residence or in an accessory building, attached or detached, on the same parcel.
d. A conforming lot is required for home retail sales.
e. The maximum total display area is six hundred (600) square feet. This display area my be in addition to the maximum square footage allowed to be utilized for the home occupation.
f. The maximum total outdoor display area is to be two hundred (200) square feet. Any outdoor display area shall be considered part of the total display area. Any outdoor display area shall be located on the parcel and within the property boundaries. In no event shall any part of the outdoor display be located within the public right-of-way for a street or road.
C. Tradesman
A tradesman is any occupation or profession which is accessory to a residential use and is customarily carried on in a building or other structure accessory to a dwelling unit and carried on by a member of the family residing in the dwelling unit that meets and maintains the following conditions:
1. The occupation or profession shall be carried on principally within the accessory building.
2. Not more than two (2) people outside the family shall be employed in the occupation or profession.
3. There shall be no exterior display, no exterior sign (except as expressly permitted by the district regulations of this Ordinance), no exterior storage of materials, and no other exterior indication of the occupation or profession or variation of the residential character of the principal building.
4. No nuisance, offensive noise, vibration, smoke, dust, odors, heat, glare, or electrical disturbance shall be generated.
5. The proposed profession or occupation will not alter the existing character of the surrounding zoning district to the extent that it could become a detriment or potential nuisance to said zoning district.