City of Sanford - Land Uses

Abattoirs

A slaughterhouse, including the wholesale and retail sale of meat processed on the premises, and containing less than five-thousand (5,000) square feet of gross floor area.

Accessory buildings and structures

ACCESSORY BUILDING
A detached, subordinate building the use of which is clearly incidental and related to that of the principal building or use of the land and which is located on the same lot as that of the principal building or use.

ACCESSORY STRUCTURE OR USE
A use or structure which is incidental and subordinate to the principal use or structure. Accessory uses, when aggregated shall not subordinate the principal use of the lot. A deck or similar extension of the principal structure or a garage attached to the principal structure by a roof or a common wall is considered part of the principal structure.

Accessory dwelling unit (ADU)

A self-contained dwelling unit located within, attached to, or detached from a principal dwelling structure located on the same parcel of land. An ADU shall conform to the standards in § 280-15-13.

Districts Where Allowed Districts where use is Permitted by Right: RD, RMU, RR

Vehicle Parking:
Two (2) parking spaces per dwelling unit. See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:
A. Purpose. The purpose of these provisions are to regulate the construction of accessory dwelling units (ADUs), to assist in meeting the stated Housing Goals of the Maine Department of Economic and Community Development, and to provide the residents of Sanford alternative housing options.

B. Applicability.

(1) ADUs shall be allowed in any zone which allows residential uses.
(2) Unless specified in § 280-15-13, the ADU shall conform to the standards of the zone in which it is located.
(3) Unless specified in § 280-15-13, all regulations pertaining to overlay zones affecting the subject parcel shall also apply to the ADU.

(4) The creation of an ADU within a preexisting nonconforming structure is permitted provided that it does not increase the nonconformity of the structure and meets all other standards of this chapter.

(5) All ADUs shall conform to Chapter 265: Floodplain Management, Chapter 270: Shoreland Zoning, and Chapter 275: Subdivision of Land.

(6) The Code Enforcement Officer, with concurrence of the Planning Director, shall find that an ADU conforms to the standards of § 280-15-13. The Code Enforcement Officer may elevate the review of ADU application based on the size or complexity of the project, in conformance with § 280-16-5.

C. Standards.

(1) Growth zone. Within the Growth Zone of the City's Comprehensive Plan on record at the time of application, there shall be allowed up to two (2) ADUs on a parcel. For all other parcels, there shall be allowed one (1) ADU per parcel.

(2) Configuration. An ADU may be created in any of the following ways:

(a) Using space within the interior of an existing dwelling;
(b) Building an addition onto an existing dwelling such that the addition is made part of the principal structure or is attached to the principal structure by a breezeway not exceeding twenty feet (20) in length; or
(c) Building a new detached structure or renovating an existing free standing structure.

(3) Principal dwelling structure. See § 280-15-13C(3) or listed as a separate land use in this section for detailed information.

(4) Size. In no case shall an ADU occupy more than forty percent (40%) of the living area of the principal dwelling structure or one thousand (1,000) square feet, whichever is greater, or have more than three (3) bedrooms.

(5) Density. An ADU shall not be counted as a unit when calculating units per acre.

(6) Parking. There are no off-street parking requirements for an ADU. If parking spaces are designated, they shall be provided in conformance with § 280-14-12.

(7) Ownership. The principal dwelling structure and the accessory dwelling unit(s) shall be in the same ownership. An ADU shall not be sold separately from the principal dwelling structure.

(8) Owner occupancy. The owner of the property shall occupy either the principal dwelling structure or the ADU. An applicant shall submit a written statement indicating which unit will be owner occupied to the Code Enforcement Officer. Continued occupancy of an ADU upon sale or transfer of the property shall be conditioned on the new owner agreeing to the owner occupancy requirement.

(9) Buffering. If an addition or new construction is proposed, the orientation of an ADU shall, to the maximum extent practical, maintain the privacy of residents in abutting properties as determined by the physical characteristics surrounding the ADU, including but not limited to landscaping, screening, fencing, and window and door placement. The Code Enforcement Officer may require additional landscaping or buffering to preserve privacy of abutting residential properties. If the applicant disagrees with the Code Enforcement Officer's requirement for additional landscaping or buffering, he or she may request that the proposal be reviewed by the Planning Board.

Accessory office and retail uses (not found in Code)

Accommodation and Food Services

(NAICS # 72)

Administrative and Support and Waste Management and Remediation Services

(NAICS # 56)

Adult business establishments (In Code, but don't know where allowed)

A. Any business, regardless of its category of use, a substantial or significant portion of which involves providing goods or services which appeal to prurient interests or which display, depict, simulate or describe the following:

(1) Activities involving the human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy;
(3) Activities involving the fondling or other erotic touching of human genitals, the pubic region, buttocks, or female breasts; or
(4) Activities involving the live display of female breasts and/or male or female genitals.

B. Adult business establishments include, but are not limited to, the following types of uses:

(1) Stores that sell sexual devices or films or rent films for viewing on the premises that involve or depict any of the activities listed above.
(2) Theaters or cabarets that feature movies that depict any of the activities listed above or entertainers, such as topless dancers, strippers, male or female impersonators, or erotic dancers, who exhibit or perform any of the activities listed above.
(3) Relaxation spas that provide unlicensed massage services.

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

Any business that meets the definition of an adult business establishment regardless of its use category shall conform to the following additional requirements:

A. Location.

(1) An adult business establishment shall not be sited within one-thousand (1,000) feet of the lot lines of any of the following:

(a) A public or private elementary or secondary school.
(b) A public park or public or private recreational facility or site.
(c) A lot on which another adult business establishment is sited.

(2) The distance cited in this subsection shall be measured in a straight line between the lot line of the proposed site for the adult business establishment and the lot line of the site of the use listed in this subsection at their closest points.

B. Prohibited activities.

(1) Dancers, performers, employees, owners or officers of an adult business establishment shall not fondle or caress any patron or client, and patrons and clients shall not fondle or caress dancers, performers, employees, owners or officers of the adult business establishment;
(2) Patrons or clients shall not directly pay or give any gratuity or object of value to any dancer, performer, employee, owner or officer of the adult business establishment, and dancers, performers, employees, owners or officers shall not solicit any pay, gratuity or object of value from any patron or client; and
(3) Dancers, performers, employees, owners or officers of an adult business establishment shall not:

(a) Perform, offer to perform or agree to perform sexual intercourse with each other or any patron or client; or
(b) Commit, offer to commit or agree to commit any sexual act with each other or any patron or client; or
(c) Make, offer to make or agree to make sexual contact with each other or any patron or client.

C. Nudity restricted. Dancers, performers, employees, owners or officers of an adult business establishment shall not expose their genitals to clients, whether or not there is any compensation for this activity.

Adult day service center with 13 or more clients

(NAICS # 624110)
A licensed facility designed to provide older adults and adults with disabilities with community based services including structured social, recreational and therapeutic activities, limited health services, meals, supervision, support services, personal care services, information and referrals and respite for caregivers. Adult day services promote personal independence through a variety of activities offered to participants based on individual needs and interests.

Districts Where Allowed Districts where use may be permitted with a Site Plan: IB, RD

Vehicle Parking:
One (1) parking space per employee, plus a safe off-street area for vehicle pickup and dropoff of students/children/clients.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Agriculture, commercial

(NAICS # 11) Includes animal husbandry.

An agricultural business that files a Schedule F as part of its federal income tax return that is involved in the cultivation of the soil, production of crops, and/or raising of livestock or a commercial greenhouse.
A. A commercial agricultural use may include the following activities:

(1) Animal husbandry as defined in this chapter;
(2) The processing of products raised or grown as part of the commercial agricultural use, including processing carried out pursuant to a home food manufacturing license issued by the Maine Department of Agriculture;
(3) The sale of agricultural products raised or produced as part of the commercial agricultural use;
(4) The sale of other foodstuffs, including processed food products such as jams, jellies, pickles, sauces or baked goods, not grown or produced as part of the commercial agricultural use; and
(5) The sale of handmade handicrafts and similar homemade items produced on or off the premises.

B. The sale of products shall occur within an existing agricultural building, within a farm stand with a gross floor area of not more than two-thousand (2,000) square feet, or in an outside area immediately adjacent to the indoor sales space. Not more than thirty percent (30%) of the sales area shall be outside. The floor area devoted to the sale of processed foodstuffs and/or handicrafts not produced by the commercial agricultural use shall not exceed seventy-five percent (75%) of the total sales area.

Urban Zone:
Animal husbandry is not allowed in this district.

Districts Where Allowed Districts where use is Permitted by Right: IB, RD, RMU Districts where the use may be allowed as a Conditional Use: U

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Agriculture, Forestry, Fishing and Hunting

(NAICS # 11)

Districts Where Allowed Districts where use is Permitted by Right: AD, IB Districts where the use may be allowed as a Conditional Use: U

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

Urban Zone:
Change in use within an existing developed site shall be permitted if it:

• expands the existing structure no more than a five-hundred square foot,
• expands impervious cover no more than five-hundred (500) square feet,
• expands parking by no more than five (5) spaces,
• does not appreciably increase traffic to and from the site,
• screens service vehicles from view from a public right-of-way or adjacent properties, and
• provides new or expanded planting of street trees along street frontages

Amusements

(NAICS # 7131)
A park or business operated by an entity other than a unit of government, with a predominance of outdoor games and activities for entertainment, including but not limited to motorized rides, water slides, miniature golf, batting cages, and the like.

Districts Where Allowed Districts where use is Permitted by Right: IR, U Districts where use may be permitted with a Site Plan: IB

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Antique stores

An establishment, attached to or located on a single family home parcel, engaged in retailing antiques, except motor vehicles such as automobiles, RVs, motorcycles, and boats; motor vehicle parts; tires; and mobile homes. An antique, for the purpose of this chapter, shall be a work of art, piece of furniture, decorative object or the like, of or belonging to the past, and at least thirty (30) years old.

Districts Where Allowed Districts where use is Permitted by Right: IR, U Districts where the use may be allowed as a Conditional Use: RMU, RR

Vehicle Parking:
Three (3) parking spaces per use or three (3) parking spaces per one-thousand (1,000) square feet [or one (1) parking space per three-hundred-thirty-three (333) square feet or portion thereof], plus one (1) parking space per employee, whichever is greater.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

In addition to the requirements of § 280-13-5: Standards for conditional use approval, and any other applicable section of the City's ordinances, the following guidelines shall be used in the review of applications:

(1) The limits of outdoor display will be determined by the Planning Board during site plan review such that they are found to be consistent with the character of the neighborhood.
(2) No stripping of antiques and/or furniture is permitted on the premises.
(3) Signs shall be of residential character on simple posts and/or attached to the building and shall be consistent with the requirements of § 280-14-13: Signs.. If a sign is illuminated it shall be of low wattage, not create a public hazard or nuisance, and be compatible with the character of the property and the surrounding neighborhood.
(4) Exterior lighting shall be of residential style.
(5) The business shall be owner-occupied.
(6) The building for the proposed antique store shall have been in existence at least ten (10) years as of the date of the application.
(7) Any additional conditions determined by the Planning Board at the time of review.

Aquaculture

The commercial raising of fish or seafood in pens, tanks, or other artificial environments.

Districts Where Allowed Districts where use is Permitted by Right: RMU, RR Districts where the use may be allowed as a Conditional Use: U

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

Urban Zone:
Indoor operation is permitted.
Outdoor operation is by conditional use.

Archery ranges

(NAICS # 713990)
A facility, whether indoors or outdoors, for bow and arrow shooting in a controlled and supervised environment.

Arts, Entertainment, and Recreation

(NAICS # 71)

Cafeterias and food service not open to the public

Districts Where Allowed Districts where use is Permitted by Right: IR, U

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Campgrounds

(NAICS #: 721211)
Any area or tract of land to accommodate two (2) or more parties in temporary living quarters, including but not limited to tents, recreational vehicles, or other shelters.

Cemeteries

(NAICS # 812220)

Child care centers or nursery schools for more than thirteen (13) children

(NAICS # 624110)

A facility licensed by the State of Maine that provides care and/or instruction. There are two (2) classes of child care center and nursery school:

(1) Child care center or nursery school for fewer than thirteen (13) children where the licensed provider does not live on the premises.
(2) Child care center or nursery school.

Districts Where Allowed Districts where use is Permitted by Right: IR, U Districts where the use may be allowed as a Conditional Use: RMU, RR Districts where use may be permitted with a Site Plan: IB, RD

Vehicle Parking:
One (1) parking space per employee, plus a safe off-street area for vehicle pickup and dropoff of students/children/clients.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Child care centers or nursery schools with thirteen (13) or fewer children

(NAICS #: 624110)

A facility licensed by the State of Maine that provides care and/or instruction. There are two (2) classes of child care center and nursery school:

(1) Child care center or nursery school for fewer than thirteen (13) children where the licensed provider does not live on the premises.
(2) Child care center or nursery school.

Districts Where Allowed Districts where use is Permitted by Right: IR, U Districts where use may be permitted with a Site Plan: IB, RD, RMU, RR

Vehicle Parking:
One (1) parking space per employee, plus a safe off-street area for vehicle pickup and dropoff of students/children/clients.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Churches

(NAICS # 813110)
A place of worship, regardless of denomination.

Districts Where Allowed Districts where use is Permitted by Right: IR Districts where use may be permitted with a Site Plan: RD, RMU, RR

Vehicle Parking:
One (1) parking space per four (4) seats. See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

This use includes accessory residential use.

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Cluster developments

A subdivision meeting the requirements of § 280-15-4: Residential cluster development standards, in which the lot sizes are reduced below those normally required in the zoning district in which the development is located in return for the provision of permanent open space.

Districts Where Allowed Districts where use may be permitted with a Site Plan: RD, RMU, RR

Vehicle Parking:
One-and-one-half (1.5) parking spaces per dwelling unit with one (1) bedroom, and-three-quarter (1.75) parking spaces for unit with two (2) bedrooms, and two (2) parking spaces per unit with three (3) or more bedrooms.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

A. Purpose. The purpose of these provisions is to allow for contemporary concepts of housing development where variations of design may be allowed. The Planning Board may approve residential cluster developments as an alternative to conventional subdivisions. The Planning Board may approve subdivisions as residential cluster developments in which the size of individual lots is less than that normally required by this chapter, provided that a sufficient area of the total lot being developed is reserved as permanent open space.

B. Basic requirements for cluster developments.

(1) Cluster development shall meet all requirements for subdivision approval and shall be in conformance with a site plan for its overall development.
(2) Each lot or building shall be an element of an overall plan for site development. When the development consists of the creation of lots, the plan shall establish a building envelope for each lot that identifies the area within which the buildings will be located. When the development involves the construction of buildings on a single lot, the plan shall show the location of each building.
(3) The total residential density may be no greater in a cluster development than is normally permitted in the zone in which the development is proposed.
(4) Residential cluster developments in accordance with this section are allowed in all residential zones.
(5) Only those residential uses allowed in a zone are allowed in a residential cluster development. In addition, in the Rural Residential and Rural Mixed Use Zones newer mobile homes, as defined in this chapter, may be allowed on a slab-type foundation provided that the individual mobile home sites or lots are rented and not sold.
(6) A cluster development may have no fewer than five (5) dwelling units.

C. Dimensional requirements.

(1) Individual lot sizes may be less than that required in the zone in which the cluster development is located, provided that the amount of land by which the lot is reduced is reserved as open space. Within the Rural Residential and Rural Mixed Use Zones, individual lots may be as small as twenty-thousand (20,000) square feet, provided that the soils are adequate to support a lot of that size. In other zones, the area of individual lots may be reduced by up to fifty percent (50%).
(2) Other lot dimensional requirements may be reduced as follows:

(a) Lot frontage: fifty percent (50%) of that required in the zone.
(b) Side lot line setback: fifty percent (50%) of that required in the zone.
(c) Front lot line setback: ten (10) feet.
(d) Rear lot line setback: ten (10) feet.
(e) Lot depth: fifty percent (50%) of that required in the zone.

D. Open space.

(1) At least forty percent (40%) of the total area of the cluster development must be in open space, and not more than twenty percent (20%) of the required open space area may be wetland and/or slopes greater than fifteen percent (15%).
(2) The open space shall be dedicated to the recreational amenity and environmental enhancement of the development, shall protect natural resources, and shall be recorded as such. For the purpose of these provisions, open space means an area that is:

(a) Not encumbered in any way by a principal structure;
(b) Not devoted to use as a roadway, road right-of-way, parking lot, or sidewalk;
(c) Left in its natural or undisturbed state, if wooded, except for cutting of trails for walking or jogging, or, if not wooded at the time of development, is landscaped for ball fields, play fields, picnic areas, or similar activities;
(d) Capable of being used and enjoyed for the purpose of informal and unstructured recreation and relaxation; and
(e) Legally and practicably accessible to all residents of lots in the cluster development out of which the open space is taken.

(3) The common open space shall be controlled by one (1) or more of the following methods:

(a) Common ownership by the owners of units within the project;
(b) Common ownership by the owners of the units within the project with a conservation easement granted to the City, subject to acceptance by the City Council or recognized conservation organization;
(c) Dedication to the City as public open space subject to acceptance by the City Council;
(d) Transfer, with permanent restrictions, to a land trust or other recognized conservation organization; and/or
(e) Ownership by a private party for agricultural or other natural resource use, provided that permanent restrictions are in place to provide for its continued use for this purpose.

(4) Any subdivision proposed under this section shall specify the ownership, use, management, and person responsible for maintenance of all common areas and facilities. The Planning Board shall approve the arrangements for the ownership, control, and maintenance of the common open space as part of the approval of a final subdivision plan. No changes in the use or management of the common open space shall be made without Planning Board approval.
(5) Any common open space or facility not retained by a private owner shall be maintained by a homeowners' association unless and until it is transferred in its entirety to the City or a recognized conservation organization, and until the transfer actually is completed. The formation and incorporation by the developer of a homeowners' association shall be accomplished prior to final subdivision approval. Covenants for mandatory membership in the association shall be approved by the Planning Board and included in the deed for each lot or unit. The association's documents shall specify that:

(a) The association shall have the responsibility of maintaining the common open space and other private facilities dedicated to the use in common by the development's residents.
(b) The association shall levy annual charges against all property owners to defray the expenses, if any, connected with maintenance of the common open spaces and facilities.
(c) The developer shall maintain control of common open spaces and facilities and be responsible for their maintenance until at least fifty-one percent (51%) of the development's lots or units have been completed and sold, with evidence of such completion and sales submitted to and approved by the Planning Board.

E. Design standards. In addition to other standards of this chapter and of Chapter 275: Subdivision of Land, the following design standards shall apply to cluster developments:

(1) Priorities for layout of lots and open space. The Planning Board shall find that individual building lots/sites are laid out and open space preserved to achieve the following objectives, as applicable. Where the Planning Board finds that objectives conflict, the objectives shall be achieved in the order listed:

(a) Where on-site wastewater disposal is to be used, it will be located on suitable soils for subsurface wastewater disposal;
(b) The layout preserves, as part of the required open space, environmentally sensitive areas, such as wetlands, steep slopes, floodplains, wildlife habitat rated by the Maine Department of Inland Fisheries and Wildlife as high value, and unique natural features;
(c) The design maximizes, as part of the required open space, the amount of contiguous, usable area for agriculture or woodlot production;
(d) The layout preserves cultural features of the rural landscape, such as stone walls, tree lines, and important or unique structures;
(e) The layout maximizes, as part of the required open space, the amount of undisturbed, contiguous wildlife habitat, including habitat that may not be rated as high by the Maine Department of Inland Fisheries and Wildlife;
(f) Where the development abuts a body of water, the design includes, as part of the required open space, a minimum of twenty-five percent (25%) of the shoreline;
(g) The layout encourages buildings to be located within woodlands or along the edges of open fields adjacent to woodlands;
(h) The layout provides for buildings in locations least likely to block or interrupt scenic vistas, as seen from the public roadway;
(i) The design maximizes open space that is usable for outdoor recreation;
(j) Each house lot has direct access to the open space, which means that the owner of one (1) house lot does not have to cross another's house lot to reach the open space;
(k) The layout minimizes the length of roadways, public utility lines, and other infrastructure within the proposed development;
(l) The design provides planting, landscaping, fencing, and screening to buffer the development from, and integrate it with, the character of any surrounding development.

(2) Vehicular access, street layout and construction.

(a) All vehicular access to buildings and lots shall be from a street within the development and not from an existing public road.
(b) All streets, roads, access drives, and parking areas shall be designed to harmonize with the topographic and natural features of the site. The road network shall provide for vehicular and pedestrian safety, all-season emergency access, snow storage, delivery and collection services, and potential connections to abutting land.
(c) Streets shall be designed and constructed in conformance with Chapter 275: Subdivision of Land.

(3) Buffering. A cluster development shall be buffered from a street or road, other than the street or road serving individual lots in the development, or from any abutting single-family dwelling lot, by a distance equal to two (2) times the normal minimum setbacks required for the zone. This buffer shall be established and maintained with a screen to provide an effective visual barrier from the ground to a height of at least ten (10) feet. This screen may be composed of a landscaped earth berm, planted evergreen bushes and trees, or existing evergreen bushes and trees, or a combination of such features.
(4) Utilities. Utilities shall be installed underground wherever possible. Transformer boxes, pumping stations, and meters shall be located so as not to be unsightly or hazardous to the public.

Commercial processing of wood

Includes cutting, sawing, splitting, and chipping.

Commercial vehicle parking accessory to an allowed residential use

Communication towers, alternative

Mounting structures for telecommunications antennas, such as, but not limited to, clock towers, bell steeples, utility and light poles, stacks, water towers, and rooftop mechanical facilities, that conceal the presence of the communications antenna from view from public streets and adjacent properties and which are used primarily for purposes other than to support an antenna.

Districts Where Allowed Districts where the use may be allowed as a Conditional Use: U Districts where use may be permitted with a Site Plan: IB, IR, RMU, RR

Development Requirements:

The location and installation of new transmitter towers and alternative communication towers, including the replacement of existing towers, shall conform to the following standards:

A. Design and color. The Planning Board, at its discretion, may require that a proposed tower be camouflaged or designed to blend with its surroundings, except where dictated by federal or state requirements. This may include, but is not limited to, having a galvanized finish, being painted gray or in a sky tone above the top of surrounding trees and earth tone below treetop level, or being designed to resemble a tree species similar to those in the area.
B. Landscaped buffer for transmitter tower sites.

(1) Unless existing vegetation provides a buffer strip at least the width of the minimum setback for the zoning district, all property lines along roadways or visible to existing abutting or nearby buildings shall be landscaped as follows:

(a) Six (6) to eight (8)-foot-high evergreen shrubs shall be planted in an alternating pattern, averaging five (5) feet on center, within fifteen (15) feet of the property boundary.
(b) At least one (1) row of deciduous trees, not less than two-and one-half (2 1/2) to three (3) inches caliper diameter at breast height (DBH) and spaced an average of twenty (20) feet apart and within twenty-five (25) feet of the property boundary.

(2) In lieu of the foregoing planting requirements, the Planning Board may determine that the existing vegetation may be supplemented to achieve an equivalent means of minimizing the visual impact.

C. Requirements of other entities. Proposals for towers submitted after the effective date of this amendment shall meet all applicable requirements of federal and state regulations before local approval is given. The Planning Board may waive this requirement if the applicant demonstrates that application has been made for any relevant federal and state approvals or, if no approvals are required, that the project conforms to all federal and state standards or that there are no such standards that apply. If the Planning Board approves an application prior to the applicant receiving all federal and/or state approvals, the Planning Board shall condition its approval on the receipt of those other approvals.
D. Structural requirements.

(1) Towers shall be designed and installed in accordance with the standards of the Electronic Industries Association Structural Standards for Steel Antenna Towers and Antenna Supporting Structures.
(2) The applicant's engineer shall provide documentation showing that the proposed tower meets or exceeds the current standards of the American National Standards Institute, ANSI/EIA/TIA-222- "E," for York County relative to wind and one-half (1/2)-inch ice loads.
(3) For towers placed on buildings or other structures, the applicant shall also provide written certification that the building itself is structurally capable of safely supporting the tower and its accompanying equipment.

E. Abandonment.

(1) It shall be the responsibility of the owner of a tower to notify the Code Enforcement Officer of the date of abandonment or cessation of use of the tower within one (1) month from the date of such abandonment or cessation. If the owner shall fail to give the notice required by this subsection, the Code Enforcement Officer shall make a determination of such date, which determination shall be conclusive as to such date.
(2) In the case of an abandoned tower, it shall be removed by the owner of the tower within one (1) year of its abandonment or cessation of use. Abandoned structures associated with abandoned towers shall also be removed. If the owner of the abandoned tower fails to remove the tower, the owner of the property on which the tower is located shall be responsible for its removal.

F. Collocation.

(1) Tower applicants shall send written notice by prepaid first class United States mail to all other telecommunication tower owners and licensed telecommunication providers in the proposed coverage area stating their siting needs and/or collocation capabilities in an effort to encourage tower collocation. An application for a new tower shall provide evidence that existing or previously approved towers cannot accommodate the telecommunications equipment, including but not limited to antennas and cables, planned for the proposed tower. Such evidence would be:

(a) Planned equipment would exceed the structural capacity of existing and approved towers, considering the existing and planned use of those towers, and existing and approved towers cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost, as defined below;
(b) Planned equipment will cause radio wave frequency interference with other existing or planned equipment for that tower, and the interference cannot be prevented at a reasonable cost, as defined below;
(c) Existing or approved towers do not have space on which planned equipment can be placed so it can function effectively and at least in parity with other similar equipment in place or approved; or
(d) Other reasons that make it impracticable to place the equipment planned by the applicant on existing and approved towers.

(2) Shared use shall be conditioned on the applicant's agreement to pay a reasonable fee and costs of adapting existing facilities to the proposed use.

(a) Such costs shall be pertinent to the southern Maine market area.
(b) These may include but not be limited to reasonable costs for reinforcing the tower or structure, for preventing radio wave frequency interference, and other changes reasonably required to accommodate shared use.
(c) The fee and costs for shared use are unreasonable, among other reasons, if they exceed the cost of the proposed tower.

(3) If the Planning Board determines that telecommunications equipment proposed by the applicant cannot be accommodated on an existing or approved tower, each tower so found is presumed unable to accommodate similar equipment that may be proposed in the future.
(4) A proposal to construct a new tower taller than one-hundred (100) feet shall include evidence that it can structurally support a minimum of three (3) antenna arrays.
(5) The Planning Board may require evidence of structural support to accommodate additional arrays for non-monopole towers.

G. Interest of telecommunication entity. A proposal to construct a tower shall include evidence that a telecommunication or other entity proposes to locate on or use the tower.
H. Lighting. A tower shall be lighted only if it is required by a federal or state agency or if the Planning Board finds that lighting of the tower is needed due to its location with respect to the Airport, its height or other safety considerations with respect to airport operations.
I. Security. The base of the tower shall be made nonaccessible to unauthorized persons by the installation of a fence designed to deter such access.
J. Nonconformance. Towers existing before the effective date of this chapter which do not comply with these performance standards or with the use or dimensional requirements of the zoning district in which they are located may continue to be used. The addition, removal, or relocation of telecommunication antennas on such towers shall not constitute the expansion or enlargement of the nonconforming use and does not require review by the Planning Board, provided the total height of the tower, including attached devices, is not increased.
K. Inspection.

(1) Inspection of communication towers by a licensed structural engineer shall be required to ensure structural integrity. Such inspections shall be required as follows:

(a) All towers: upon completion of construction.
(b) Monopole towers: at least once every ten (10) years.
(c) Self-support towers: at least once every five (5) years.
(d) Guyed towers: at least once every three (3) years.

(2) The inspection report shall be provided to the Public Works Director and Code Enforcement Officer within thirty (30) days of its receipt by the tower owner. Based upon results of the inspection, the City may require the repair or removal of the communication tower.

L. Floodplain management. Compliance with the requirements of § 275-43: Floodplain management.
M. Identification of freshwater wetlands. Compliance with the requirements of § 275-44: Identification of freshwater wetlands.
N. Stormwater management. Compliance with the requirements of § 275-45: Stormwater management and § 275-53: Stormwater management design guidelines.
O. Traffic conditions. If the project is classified as a major site plan, compliance with the requirements of § 275-51: Traffic conditions.
P. Wildlife habitat, rare natural areas or public access to shoreline. If the project is classified as a major site plan, compliance with the requirements of § 275-52: Wildlife habitat, rare natural areas or public access to shoreline.

Urban Zone:
This use is generally conditional, but is permitted when the proposed use meets the standards below:

Change in use within an existing developed site shall be permitted if it:

• expands the existing structure no more than a five-hundred square foot,
• expands impervious cover no more than five-hundred (500) square feet, • expands parking by no more than five (5) spaces,
• does not appreciably increase traffic to and from the site,
• screens service vehicles from view from a public right-of-way or adjacent properties, and
• provides new or expanded planting of street trees along street frontages.

Construction

(NAICS # 23)

Districts Where Allowed Districts where use is Permitted by Right: AD, IB Districts where the use may be allowed as a Conditional Use: U

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

Urban Zone:
This use is generally conditional, but permitted, when the proposed use meets the standards below:

Change in use within an existing developed site shall be permitted if it:

• expands the existing structure no more than a five-hundred square foot,
• expands impervious cover no more than five-hundred (500) square feet,
• expands parking by no more than five (5) spaces,
• does not appreciably increase traffic to and from the site,
• screens service vehicles from view from a public right-of-way or adjacent properties, and
• provides new or expanded planting of street trees along street frontages.

Contractors

(NAICS # 2361)

Convalescent, rest, or nursing homes

A facility in which nursing care and medical services are performed under the general direction of persons licensed to provide medical care in the State of Maine for the accommodation of convalescent or other persons who are not in need of hospital care but who do require, on a twenty-four (24)-hour basis, nursing care and related medical services. A convalescent, rest home or nursing home is distinct from a boarding or congregate care facility, which is separately defined in this section.

Districts Where Allowed Districts where use is Permitted by Right: IR Districts where the use may be allowed as a Conditional Use: U

Vehicle Parking:
One (1) parking space per four (4) beds, plus one (1) parking space per employee. See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Drinking places

(NAICS # 722410)
A commercial establishment primarily for the sale or dispensing of liquor. It includes nightclubs, lounges, bottle clubs, and similar establishments.

Districts Where Allowed Districts where use is Permitted by Right: IR, U

Vehicle Parking:
One (1) parking space per four (4) patrons at capacity, plus one (1) parking space per employee (measurement of standing and seating capacity shall be based upon the latest adopted edition of the ICC International Building Code and NFPA 101, whichever is more stringent).
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Drive-through services in conjunction with an allowed principal use

A portion of a business or a structure which allows the distribution of products through an access point to serve clients in motor vehicles.

Eating places

A place for the serving of prepared food and beverages to the public in which most of the food is consumed on the premises and there are no specially designated takeout or drive-through facilities.

Districts Where Allowed Districts where use is Permitted by Right: IR, U

Vehicle Parking:
One (1) parking space per four (4) patrons at capacity, plus one (1) parking space per employee (measurement of standing and seating capacity shall be based upon the latest adopted edition of the ICC International Building Code and NFPA 101, whichever is more stringent).
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Eating places, drive-through

A place for the serving of prepared food and beverages to the public in which food may be obtained through the use of a drive-up/drive-through windows.

Districts Where Allowed Districts where the use may be allowed as a Conditional Use: U

Vehicle Parking:
One (1) parking space per four (4) patrons at capacity, plus one (1) parking space per employee (measurement of standing and seating capacity shall be based upon the latest adopted edition of the ICC International Building Code and NFPA 101, whichever is more stringent).
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Eating places, takeout

(NAICS # 722211)
A place for the serving of prepared food and beverages to the public in which food is offered to be taken from the premises or eaten in motor vehicles.

Districts Where Allowed Districts where use is Permitted by Right: IR, U

Vehicle Parking:
One (1) parking space per four (4) patrons at capacity, plus one (1) parking space per employee (measurement of standing and seating capacity shall be based upon the latest adopted edition of the ICC International Building Code and NFPA 101, whichever is more stringent).
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Educational Services

(NAICS # 61)

Essential services

The following facility, provided it serves primarily the City or a neighborhood or structure within the City: steam, fuel, gas, communication, internet, transportation, electric power, or water transmission or distribution lines and related equipment; telephone cables or lines, poles and related equipment; gas, oil, water, slurry or other similar pipelines; sewage lines or collection or supply systems; and associated storage tanks. Such systems may include poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants, and similar accessories but shall not include pumping stations or transmitter towers or buildings which are necessary for the furnishing of such services. See also the definitions of public utility and transmitter tower. Essential services shall not be subject to the space and bulk standards of this chapter.

Excavating and general contractors

(NAICS # 238910)
A business that provides earth or site work or building construction services on a contract basis at the client's site and that stores construction equipment, heavy trucks, or building materials and supplies outside at its place of business.

Districts Where Allowed Districts where use is Permitted by Right: AD, IB Districts where the use may be allowed as a Conditional Use: U Districts where use may be permitted with a Site Plan: IR

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

Urban Zone:
This use is conditional except when proposded use meets the following standards:

Change in use within an existing developed site shall be permitted if it:

• expands the existing structure no more than a five-hundred square foot,
• expands impervious cover no more than five-hundred (500) square feet,
• expands parking by no more than five (5) spaces,
• does not appreciably increase traffic to and from the site,
• screens service vehicles from view from a public right-of-way or adjacent properties, and
• provides new or expanded planting of street trees along street frontages.

IR Zone:
Permitted with authorized approval except not allowed on the first floor of mixed use development.

Excavating and general contractors on lots of greater than 5 acres

A business that provides earth or site work or building construction services on a contract basis at the client's site and that stores construction equipment, heavy trucks, or building materials and supplies outside at its place of business.

Expansion of existing mobile home parks

Expansion of existing residential care or congregate care facilities

Districts Where Allowed Districts where use is Permitted by Right: IR Districts where the use may be allowed as a Conditional Use: U Districts where use may be permitted with a Site Plan: RMU, RR

Vehicle Parking:
One (1) parking space per four (4) beds, plus one (1) parking space per employee.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Family child care and/or adult day services for fewer than 9 clients

FAMILY CHILD CARE
An owner-occupied residence licensed with the State of Maine that provides care and instruction for fewer than thirteen (13) children.

ADULT DAY SERVICES
A licensed facility designed to provide older adults and adults with disabilities with community based services including structured social, recreational and therapeutic activities, limited health services, meals, supervision, support services, personal care services, information and referrals and respite for caregivers. Adult day services promote personal independence through a variety of activities offered to participants based on individual needs and interests.

Finance and Insurance

(NAICS # 52)

Financial institutions

A business or nonprofit organization providing retail financial services, including but not limited to banks, credit unions, financial exchanges, and check cashing facilities.

Districts Where Allowed Districts where use is Permitted by Right: IR, U

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

IR Zone:
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Financial institutions with a drive-through

A business or nonprofit organization providing retail financial services, including but not limited to banks, credit unions, financial exchanges, and check cashing facilities.

Firearms ranges, fully enclosed

A facility, whether indoors or outdoors, for the firing of handguns, rifles, or shotguns in a controlled and supervised environment.

Firearms ranges, open (no classification given in Table)

A facility, whether indoors or outdoors, for the firing of handguns, rifles, or shotguns in a controlled and supervised environment.

Forest management

Timber cruising and other forest evaluation activities, management planning activities, insect and disease control, pruning and other stand improvement, regeneration of forest stands, and other similar associated activities, but not the construction of roads or timber harvesting.

Funeral homes

(NAICS # 812210)
Building used for the preparation of the dead for burial or cremation, the storage of the dead prior to internment, and the display of the deceased, including ceremonies connected therewith before burial or cremation.

Gas and/or service stations (not sure what districts this is allowed in)

Gasoline sales, accessory to a retail use

Golf courses

(NAICS # 713910)

Government and nonprofit parks and outdoor recreation

Health Care and Social Assistance

(NAICS # 62)

Districts Where Allowed Districts where use is Permitted by Right: AD, IB Districts where the use may be allowed as a Conditional Use: U

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

Urban Zone and IB Zone:
This use is permitted by right, except a marijunana dispensary is not allowed.

AD Zone:
This use is permitted by right, except a nonprofit medical marijunana dispensary is not allowed.

Health service facilities

An outpatient establishment furnishing medical services to humans, including the offices of physicians, dentists, and other health practitioners, clinics, medical laboratories, outpatient surgery, and blood banks.

Home occupations

An occupation conducted in a dwelling unit or accessory structure, provided that:

A. No more than two (2) employees, or full-time equivalents, other than residents of the premises, shall be engaged in such occupation; however, no more than one (1) vehicle for employees who reside outside of the premises shall be allowed at any time;
B. The use of the premises for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants;
C. There shall be no change in the outside appearance of the building or premises or any visible evidence of the conduct of such home occupation other than signs in conformance with § 280-14-13E(1) which shall not be illuminated, exceed six (6) square feet in area per street frontage, or extend more than six (6) feet above the ground.
D. No traffic shall be generated by such home occupation in greater volumes than would be expected in the neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard;
E. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the home occupation is conducted in a single family detached dwelling, or outside the dwelling unit if conducted in any other form of dwelling. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the premises or causes fluctuations in line voltage of the premises;
F. There shall be no stock-in-trade regularly maintained or any new commodity sold on the premises. Exceptions for food or food products for direct producer-to-consumer transactions as defined in the food sovereignty exemptions in Chapter 149: Licensing;
G. If the home occupation is proposed to be conducted within a residence which is not owned by the resident, the resident shall have the written consent of the property owner before commencing the home occupation;
H. The home occupation shall undergo an initial inspection by the Code Enforcement Department and the Fire Chief to verify that the home occupation meets all applicable requirements of the City's building, electrical, fire, and other health safety and technical codes, including but not limited to Chapter 90: Building and Building Regulation and Chapter 128: Fire Prevention. The applicant shall request an inspection with the Code Enforcement Department and the Fire Chief a minimum of twenty-four (24) hours in advance and shall not receive a Certificate of Occupancy until after the scheduled inspection. When an inspection is conducted for a use that is sensitive to contamination of its processes or products, as identified by the operator of the home occupation, the Code Enforcement Officer and/or Fire Chief shall follow the protection from contamination protocols described in Chapter 149: Licensing; and
I. The home occupation shall require an annual license from the City Council as defined in Chapter 149: Licensing.
J. The following are specifically excluded as home occupations: businesses that generate more than two (2) clients coming to the home at any single time; convalescent or nursing home, tourist home, animal hospital, restaurant, doctors' and dentists' offices, small engine repair, and automotive tune-up.

Horse rings, indoor

(NAICS # 115210)

Horse shows

(NAICS # 7113)
An exhibition of horses that usually includes competition in riding, driving and jumping of horses.

Districts Where Allowed Districts where the use may be allowed as a Conditional Use: RMU, RR

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

In addition to the requirements of § 280-13-5: Standards for conditional use approval, and any other applicable section of the City's ordinances, the minimum parcel size for this use is twenty (20) acres.

Hospitals (no classification given in Table)

(NAICS # 622110)
An institution providing health services and medical or surgical care of the sick or injured, including, as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities, and staff offices.

Hotels or motels

(NAICS # 7211)

Districts Where Allowed Districts where use is Permitted by Right: AD, IB, IR, U

Vehicle Parking:
One (1) parking space per guest room, plus one (1) parking space per employee, plus four (4) parking spaces per one-thousand (1,000) square feet [or one (1) parking space per two-hundred-fifty (250) square feet or portion thereof] of public assembly area.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Information

(NAICS # 51)

Inns or bed-and-breakfasts

(NAICS # 7211)

Districts Where Allowed Districts where use is Permitted by Right: AD, IB, IR, U Districts where use may be permitted with a Site Plan: RD, RMU, RR

Vehicle Parking:
One (1) parking space per guest room, plus one (1) parking space per employee, plus four (4) parking spaces per one-thousand (1,000) square feet [or one (1) parking space per two-hundred-fifty (250) square feet or portion thereof] of public assembly area.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Keeping of pigs, chickens, and fowl for commercial purposes

Districts Where Allowed Districts where use is Permitted by Right: IB Districts where use may be permitted with a Site Plan: RMU, RR

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Kennels

An establishment operated as a business to house dogs or other domesticated animals and where such animals are groomed, bred, boarded, trained, or sold.

Libraries

(NAICS # 519120)

Districts Where Allowed Districts where use is Permitted by Right: IR, U Districts where use may be permitted with a Site Plan: RMU, RR

Vehicle Parking:
One (1) parking space per three-hundred (300) square feet, plus one (1) parking space per employee.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Lumberyards

A business involved in milling or distribution of lumber and/or the retail or wholesale sale of lumber and building materials.

Districts Where Allowed Districts where the use may be allowed as a Conditional Use: U Districts where use may be permitted with a Site Plan: IB, IR, RMU

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

This use includes the milling and distribution of wood products and the wholesale and retail sales of building materials.

Management of Companies and Enterprises

(NAICS # 55)

Manufactured housing

Structure, transportable in one (1) or more sections, which was constructed in a manufacturing facility and is transported to a building site and designed to be used as a dwelling when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained therein.

Districts Where Allowed Districts where use may be permitted with a Site Plan: RD, RMU, RR

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

A. See § 280-15-5A and this land use section for information on modular homes.
B. See § 280-15-5B and this land use section for information on newer mobile homes.
C. Nonconforming homes. All other mobile homes and trailers, and modular homes which fail to meet the definition of modular home as defined in this chapter, which were lawfully located in the City as a residential unit prior to November 20, 1984, and all other mobile homes which are lawfully located within the City subsequent to that date pursuant to§ 280-15-5D shall be considered nonconforming structures and may continue and may be maintained, repaired, improved, enlarged, or replaced with a like home the same size or larger. Such a nonconforming structure may be moved to another lot in the Rural Residential, Rural Mixed Use, or Residential Development Zones but may not be relocated to a lot of land which fronts on Route 109, 202, 99, 11A, 224 or 4.

D. Additional older homes prohibited. No person, firm, corporation, or other legal entity may locate a factory-built home that is included within the term all other mobile homes as defined in this chapter on a lot of land in the City if such factory-built home was not lawfully located in the City as a residential unit prior to November 20, 1984; provided, however, that:

(1) Any manufactured home or factory-built home that is included within the term all other mobile homes, regardless of its date of manufacture, that is legally sited within the City as of August 4, 1988, may be relocated to another lot of land within the City where newer mobile homes are allowed under § 280-15-5B so long as it complies with all design criteria applicable to newer mobile homes, including but not limited to a pitched, shingled roof, exterior siding which is residential in appearance and located on a permanent foundation; provided, however, that the Board of Appeals may, upon written request by the owner of said home, grant a waiver from said design standards upon the owner's showing of economic circumstances that would cause compliance with said design standards to have the practical effect of preventing said home's relocation within the City; and
(2) No manufactured home shall be prohibited solely on the basis of its date of manufacture or failure to comply with the National Manufactured Housing Construction and Safety Standards Act of 1974.

See § 280-15-5: Manufactured housing for information on all types of manufactured housing.

Manufacturing

(NAICS # 31-33)

Districts Where Allowed Districts where use is Permitted by Right: AD Districts where the use may be allowed as a Conditional Use: U

Vehicle Parking:
One (1) parking space per employee. See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

Urban Zone:
This use is conditional, except when the proposed use meets the standards below:

Change in use within an existing developed site shall be permitted if it:

• expands the existing structure no more than a five-hundred square foot,
• expands impervious cover no more than five-hundred (500) square feet,
• expands parking by no more than five (5) spaces,
• does not appreciably increase traffic to and from the site,
• screens service vehicles from view from a public right-of-way or adjacent properties, and
• provides new or expanded planting of street trees along street frontages.

Manufacturing, light

(NAICS # 332431)
A business engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, the creation of new products, and the blending of materials, such as oils, plastics, resins, or liquors, whether new products are finished or semifinished as raw material in some other process. All production operations shall occur within a fully enclosed building or structure. See also "medical marijuana manufacturing facility."

Districts Where Allowed Districts where use is Permitted by Right: IB Districts where the use may be allowed as a Conditional Use: U Districts where use may be permitted with a Site Plan: IR

Vehicle Parking:
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

Urban Zone:
This use is by conditional use, except when the proposed use meets the following standards:

Change in use within an existing developed site shall be permitted if it:

• expands the existing structure no more than a five-hundred square foot,
• expands impervious cover no more than five-hundred (500) square feet,
• expands parking by no more than five (5) spaces,
• does not appreciably increase traffic to and from the site,
• screens service vehicles from view from a public right-of-way or adjacent properties, and
• provides new or expanded planting of street trees along street frontages

Manufacturing, light on first floor of mixed use development

A business engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, the creation of new products, and the blending of materials, such as oils, plastics, resins, or liquors, whether new products are finished or semifinished as raw material in some other process. All production operations shall occur within a fully enclosed building or structure. See also "medical marijuana manufacturing facility."

Marijuana manufacturing facilities

As defined in Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate.

Districts Where Allowed Districts where use is Permitted by Right: AD, IB, RMU

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

Licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and marijuana retail store standards. In addition to the requirements of § 280-15-10B a licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall meet the following additional standards:

(1) No licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall be allowed within five-hundred (500) feet, of any existing public or private school, child-care provider, park, playground, and/or church, with the distance between the properties calculated by direct measurement in a straight line between the nearest property line of the land used for public or private school, child-care, park, playground and/or church to the nearest portion of the structure in which the licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store is located. Applicants for public or private schools, child care providers, parks, playgrounds, and/or churches, which are proposed within five-hundred (500) feet of an existing licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall be required to sign a form, which may be obtained from the Code Enforcement Department, which indicates that they are aware that an existing licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store is located within five-hundred (500) feet of their proposed site.
(2) The owner of a licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and marijuana retail store shall obtain an annual license from the City Council to operate the property and facility in conformance with Chapter 149: Licensing and Chapter 161: Marijuana. The number of licensed marijuana properties shall be capped at eight (8) parcels as defined in this chapter. All marijuana production facilities, marijuana manufacturing facilities, and marijuana retail stores shall be located on one (1) or more of the eight (8) licensed marijuana properties in conformance with this chapter.. Additional buildings may be permitted on licensed marijuana properties for marijuana production, marijuana manufacturing, marijuana retail store, and/or other uses allowed in the zoning district, based on the boundaries of the parcels existing as of October 2, 2018, if the owner demonstrates that the proposed expansion meets all applicable requirements of the City's zoning, site plan, and building electrical fire and other health, safety and technical codes, including but not limited to this chapter andChapter 90: Building and Building Regulation and Chapter 128: Fire Prevention and the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate.
(3) A structure where marijuana is grown, cultivated, manufactured. processed, and/or sold shall be constructed of building materials approved by the Code Enforcement Department and Fire Chief, or their designees. If the structure is six-thousand (6,000) square feet or larger, and/or includes any extraction processes, it shall include an internal sprinkler and/or fire suppressant system approved by the Fire Chief.
(4) An owner of a licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and marijuana retail store shall prepare an Operations Manual and Safety Plan. The Operations Manual and Safety Plan shall be maintained at the property and/or business and made available for inspections upon request.

(a) The Operations Manual and Safety Plan for a licensed marijuana property shall describe, at a minimum, policies and procedures for building security and provision and maintenance of ventilation and odor controls for the property, structures, and common areas that meets the requirements of Subsection (5), below.
(b) The Operations Manual and Safety Plan for a marijuana production facility. marijuana manufacturing facility, and/or marijuana retail store shall describe, at a minimum, policies and procedures for employee safety, product and building security, hours of operation, provision and maintenance of ventilation and odor controls that meets the requirements of Subsection (5), below, storage and use of hazardous materials, including but not limited to, chemicals and gases, waste management, contamination protocols, and methods of distribution to qualifying patients.

(5) Odor control plan.

(a) An owner of a licensed marijuana property and operator of a marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall prepare an Odor Control Plan specifying the engineering and administrative controls the facility will use to prevent odors from being detected off site, unless a mechanical engineer, or other qualified professional, registered in the State of Maine, certifies the adequacy of the proposed ventilation and odor control system to prevent odors from being detected beyond the boundaries of the property.
(b) All licensed marijuana properties, marijuana production facilities, marijuana manufacturing facilities and/or marijuana retail store shall be equipped with and maintain sufficient ventilation and odor controls to ensure that air leaving the building through an exhaust vent shall prevent odors from leaving the property. Doors and windows in odor producing areas shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the facility. The Odor Control Plan shall specify building management activities intended to isolate odor producing activities for one (1) or more marijuana production, marijuana manufacturing businesses, and/or marijuana retail store from other areas of the structures and discharge of emissions from structures.
(c) The City may use contracted staff and peer review escrow fees to review an Odor Control Plan under § 280-3-4B.
(d) The Odor Control Plan shall be prepared, using industry-specific best control technologies and best management practices, for each odor source in the licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store and shall include, at a minimum:

[1] A floor plan, with locations of odor producing activities specified. Relevant information shall include, but is not limited to, the location of doors, windows, ventilation systems, odor control systems, and odor sources.
[2] The location of specific odor producing activities.
[3] Maintenance and replacement schedule for key system components, provided by the manufacturer or supplier of the technology.
[4] Staff training procedures including organizational responsibilities and the roles/titles of staff members who shall be trained about odor control.
[5] Recordkeeping systems and forms describing what records will be maintained by the facility operator.
[6] Description of daily standard operating procedures to verify that the odor control systems are operational.
[7] Evidence that ventilation and odor controls are operational, sufficient to effectively mitigate odors for all sources and consistent with accepted and available industry-specific best control technologies designed to effectively mitigate odors.

(e) In addition, a marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall describe:

[1] The processes that will take place at the facility and the sources of the odors associated with, but not limited to, vegetative flowering, processing, and storage.
[2] For each odor source, specify the administrative processes and technologies the facility will use, including:

[a] Description of the proposed actions or technologies for each odor producing activity, including the number of products proposed to be used and product names, provided by the manufacturer or supplier of the technology;
[b] Description of the formulas, provided by the manufacturer or supplier of the technology, to size the proposed odor control technologies for the specific space and odor sources to be controlled within the facility.
[c] Maintenance and replacement schedule for key system components, provided by the manufacturer or supplier of the technology.

(6) No medical marijuana qualifying patients shall obtain medical marijuana directly from a licensed marijuana property, marijuana production facility, or marijuana manufacturing facility, except as otherwise allowed under the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate. A licensed marijuana property or medical marijuana production facility may include an office space, located on one of the licensed marijuana properties, for the purposes of consulting with and distributing medical marijuana to qualifying patients if offices are allowed in the zoning district and if the facility meets all public safety, public access, parking, and other requirements of City codes as well as the standards in Subsection (6)(a) through (6)(i), below.This office space shall not qualify as a medical marijuana dispensary for retail sales or for retail sale of adult use marijuana as defined in the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and State administrative rules, as appropriate. This limitation is not intended to prohibit production operations in one (1) unit with potential retail sales of marijuana paraphernalia in another separate unit, as long as retail sales of paraphernalia is allowed in the zone in which the property is located and the two (2) facilities operate as separate legal entities.

(a) Retail sales of marijuana shall be allowed in conformance with this chapter and Chapter 161: Marijuana.
(b) The office shall be no larger than four-hundred (400) square feet.
(c) The caregiver shall meet with patients in the office by appointment only. No drop in appointments shall be allowed. At any point in time, scheduled appointments shall not generate a number of patients that exceeds occupancy limits, required parking, curb cuts, or other zoning standards, and all elements and conditions of site plan approval.
(d) No exterior or interior displays that identify the office as a location where medical marijuana is distributed shall be allowed. All signage shall be in conformance with the Maine Medical Use of Marijuana Act or state administrative rules, as appropriate.
(e) Each caregiver's office shall be a separate, enclosed, locked facility, accessible only by the caregiver or his or her authorized employee and medical marijuana patients, vendors or service providers.
(f) The office shall include office furniture only. All medical marijuana products shall be stored in a locked piece of furniture including, but not limited to, an armoire, closet, or other opaque fixture such that products shall not be in an open display or directly visible to patients. The caregiver may display and/or provide literature about his or her medical marijuana services.
(g) Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m.
(h) The caregiver shall maintain a log of appointments, client identification number (name of client shall remain private), purpose of appointment, and whether appointment was kept. The log shall be made available to the Code Enforcement Officer upon request.
(i) A licensed marijuana property, marijuana facility, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall comply with the industrial performance standards in this chapter.
(j) A licensed marijuana property, marijuana facility, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall not dispose of marijuana waste and/or residue from the growth, cultivation, processing, storage, and sale of marijuana in an unsecured waste receptacle not in its possession and control.
(k) Notwithstanding anything to the contrary in 1 M.R.S. § 302, and amendments of this chapter on October 2, 2018, this chapter applies to any application relating to the establishment or operation of a licensed marijuana property, marijuana facilities, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store whether or not such application had become a "pending proceeding" as defined in 1 M.R.S.A. § 302 prior to the enactment of this chapter.

See § 280-15-10: Marijuana standards for complete information on standards for marijuana.
See Medical Marijuana General Standards for procedural requirements.

Marijuana production facilities

A facility used for cultivation, processing, and/or storage of marijuana and distribution of medical marijuana located in one (1) of the eight (8) licensed marijuana properties in conformance with standards described in § 280-15-10C, the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate. Cultivation, processing, storage and/or distribution shall be considered a commercial use.

Districts Where Allowed Districts where use is Permitted by Right: AD, IB, RMU

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

Licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and marijuana retail store standards. In addition to the requirements of § 280-15-10B a licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall meet the following additional standards:

(1) No licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall be allowed within five-hundred (500) feet, of any existing public or private school, child-care provider, park, playground, and/or church, with the distance between the properties calculated by direct measurement in a straight line between the nearest property line of the land used for public or private school, child-care, park, playground and/or church to the nearest portion of the structure in which the licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store is located. Applicants for public or private schools, child care providers, parks, playgrounds, and/or churches, which are proposed within five-hundred (500) feet of an existing licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall be required to sign a form, which may be obtained from the Code Enforcement Department, which indicates that they are aware that an existing licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store is located within five-hundred (500) feet of their proposed site.
(2) The owner of a licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and marijuana retail store shall obtain an annual license from the City Council to operate the property and facility in conformance with Chapter 149: Licensing and Chapter 161: Marijuana. The number of licensed marijuana properties shall be capped at eight (8) parcels as defined in this chapter. All marijuana production facilities, marijuana manufacturing facilities, and marijuana retail stores shall be located on one (1) or more of the eight (8) licensed marijuana properties in conformance with this chapter.. Additional buildings may be permitted on licensed marijuana properties for marijuana production, marijuana manufacturing, marijuana retail store, and/or other uses allowed in the zoning district, based on the boundaries of the parcels existing as of October 2, 2018, if the owner demonstrates that the proposed expansion meets all applicable requirements of the City's zoning, site plan, and building electrical fire and other health, safety and technical codes, including but not limited to this chapter andChapter 90: Building and Building Regulation and Chapter 128: Fire Prevention and the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate.
(3) A structure where marijuana is grown, cultivated, manufactured. processed, and/or sold shall be constructed of building materials approved by the Code Enforcement Department and Fire Chief, or their designees. If the structure is six-thousand (6,000) square feet or larger, and/or includes any extraction processes, it shall include an internal sprinkler and/or fire suppressant system approved by the Fire Chief.
(4) An owner of a licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and marijuana retail store shall prepare an Operations Manual and Safety Plan. The Operations Manual and Safety Plan shall be maintained at the property and/or business and made available for inspections upon request.

(a) The Operations Manual and Safety Plan for a licensed marijuana property shall describe, at a minimum, policies and procedures for building security and provision and maintenance of ventilation and odor controls for the property, structures, and common areas that meets the requirements of Subsection (5), below.
(b) The Operations Manual and Safety Plan for a marijuana production facility. marijuana manufacturing facility, and/or marijuana retail store shall describe, at a minimum, policies and procedures for employee safety, product and building security, hours of operation, provision and maintenance of ventilation and odor controls that meets the requirements of Subsection (5), below, storage and use of hazardous materials, including but not limited to, chemicals and gases, waste management, contamination protocols, and methods of distribution to qualifying patients.

(5) Odor control plan.

(a) An owner of a licensed marijuana property and operator of a marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall prepare an Odor Control Plan specifying the engineering and administrative controls the facility will use to prevent odors from being detected off site, unless a mechanical engineer, or other qualified professional, registered in the State of Maine, certifies the adequacy of the proposed ventilation and odor control system to prevent odors from being detected beyond the boundaries of the property.
(b) All licensed marijuana properties, marijuana production facilities, marijuana manufacturing facilities and/or marijuana retail store shall be equipped with and maintain sufficient ventilation and odor controls to ensure that air leaving the building through an exhaust vent shall prevent odors from leaving the property. Doors and windows in odor producing areas shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the facility. The Odor Control Plan shall specify building management activities intended to isolate odor producing activities for one (1) or more marijuana production, marijuana manufacturing businesses, and/or marijuana retail store from other areas of the structures and discharge of emissions from structures.
(c) The City may use contracted staff and peer review escrow fees to review an Odor Control Plan under § 280-3-4B.
(d) The Odor Control Plan shall be prepared, using industry-specific best control technologies and best management practices, for each odor source in the licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store and shall include, at a minimum:

[1] A floor plan, with locations of odor producing activities specified. Relevant information shall include, but is not limited to, the location of doors, windows, ventilation systems, odor control systems, and odor sources.
[2] The location of specific odor producing activities.
[3] Maintenance and replacement schedule for key system components, provided by the manufacturer or supplier of the technology.
[4] Staff training procedures including organizational responsibilities and the roles/titles of staff members who shall be trained about odor control.
[5] Recordkeeping systems and forms describing what records will be maintained by the facility operator.
[6] Description of daily standard operating procedures to verify that the odor control systems are operational.
[7] Evidence that ventilation and odor controls are operational, sufficient to effectively mitigate odors for all sources and consistent with accepted and available industry-specific best control technologies designed to effectively mitigate odors.

(e) In addition, a marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall describe:

[1] The processes that will take place at the facility and the sources of the odors associated with, but not limited to, vegetative flowering, processing, and storage.
[2] For each odor source, specify the administrative processes and technologies the facility will use, including:

[a] Description of the proposed actions or technologies for each odor producing activity, including the number of products proposed to be used and product names, provided by the manufacturer or supplier of the technology;
[b] Description of the formulas, provided by the manufacturer or supplier of the technology, to size the proposed odor control technologies for the specific space and odor sources to be controlled within the facility.
[c] Maintenance and replacement schedule for key system components, provided by the manufacturer or supplier of the technology.

(6) No medical marijuana qualifying patients shall obtain medical marijuana directly from a licensed marijuana property, marijuana production facility, or marijuana manufacturing facility, except as otherwise allowed under the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate. A licensed marijuana property or medical marijuana production facility may include an office space, located on one of the licensed marijuana properties, for the purposes of consulting with and distributing medical marijuana to qualifying patients if offices are allowed in the zoning district and if the facility meets all public safety, public access, parking, and other requirements of City codes as well as the standards in Subsection (6)(a) through (6)(i), below.This office space shall not qualify as a medical marijuana dispensary for retail sales or for retail sale of adult use marijuana as defined in the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and State administrative rules, as appropriate. This limitation is not intended to prohibit production operations in one (1) unit with potential retail sales of marijuana paraphernalia in another separate unit, as long as retail sales of paraphernalia is allowed in the zone in which the property is located and the two (2) facilities operate as separate legal entities.

(a) Retail sales of marijuana shall be allowed in conformance with this chapter and Chapter 161: Marijuana.
(b) The office shall be no larger than four-hundred (400) square feet.
(c) The caregiver shall meet with patients in the office by appointment only. No drop in appointments shall be allowed. At any point in time, scheduled appointments shall not generate a number of patients that exceeds occupancy limits, required parking, curb cuts, or other zoning standards, and all elements and conditions of site plan approval.
(d) No exterior or interior displays that identify the office as a location where medical marijuana is distributed shall be allowed. All signage shall be in conformance with the Maine Medical Use of Marijuana Act or state administrative rules, as appropriate.
(e) Each caregiver's office shall be a separate, enclosed, locked facility, accessible only by the caregiver or his or her authorized employee and medical marijuana patients, vendors or service providers.
(f) The office shall include office furniture only. All medical marijuana products shall be stored in a locked piece of furniture including, but not limited to, an armoire, closet, or other opaque fixture such that products shall not be in an open display or directly visible to patients. The caregiver may display and/or provide literature about his or her medical marijuana services.
(g) Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m.
(h) The caregiver shall maintain a log of appointments, client identification number (name of client shall remain private), purpose of appointment, and whether appointment was kept. The log shall be made available to the Code Enforcement Officer upon request.
(i) A licensed marijuana property, marijuana facility, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall comply with the industrial performance standards in this chapter.
(j) A licensed marijuana property, marijuana facility, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall not dispose of marijuana waste and/or residue from the growth, cultivation, processing, storage, and sale of marijuana in an unsecured waste receptacle not in its possession and control.
(k) Notwithstanding anything to the contrary in 1 M.R.S. § 302, and amendments of this chapter on October 2, 2018, this chapter applies to any application relating to the establishment or operation of a licensed marijuana property, marijuana facilities, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store whether or not such application had become a "pending proceeding" as defined in 1 M.R.S.A. § 302 prior to the enactment of this chapter.

See § 280-15-10: Marijuana standards for complete information on standards for marijuana.
See Medical Marijuana General Standards for procedural requirements.

Marijuana properties

One of eight tracts or parcels of land in existence as of December 13, 2018 and described in the property tax assessor's records as of October 2, 2018, including J30-44, R15-12B, R15-92B, R15-125, R15-126, R19-204, R19-206, and R19-307, which have been licensed by the City Council under Chapters 161: Marijuana and 149: Licensing. The purpose of designating a licensed marijuana property is to explicitly identify properties where marijuana may be cultivated and processed and where marijuana products may be manufactured and/or sold. A marijuana retail store is allowed as a permitted use on tracts or parcels J30-44, R15-12B, and R15-126 and as a conditional use on tracts or parcels R19-204 and R19-206, which are licensed marijuana properties. Only one (1) marijuana retail store shall be allowed on each of the five (5) licensed marijuana properties where a marijuana retail store is allowed. A licensed marijuana property may include a complex, center, and/or one or more buildings, structures, or businesses. A licensed marijuana property that has not been licensed in compliance with this chapter and Chapter 149 within thirty-six (36) months of October 2, 2018 shall no longer be entitled to any vested right to develop, build, or operate a marijuana property. Marijuana properties that cease to operate and are unlicensed for more than a twelve-month period are no longer entitled to any vested right to operate a marijuana operation.

Districts Where Allowed Districts where use is Permitted by Right: AD, IB, RMU

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

Licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and marijuana retail store standards. In addition to the requirements of § 280-15-10B a licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall meet the following additional standards:

(1) No licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall be allowed within five-hundred (500) feet, of any existing public or private school, child-care provider, park, playground, and/or church, with the distance between the properties calculated by direct measurement in a straight line between the nearest property line of the land used for public or private school, child-care, park, playground and/or church to the nearest portion of the structure in which the licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store is located. Applicants for public or private schools, child care providers, parks, playgrounds, and/or churches, which are proposed within five-hundred (500) feet of an existing licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall be required to sign a form, which may be obtained from the Code Enforcement Department, which indicates that they are aware that an existing licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store is located within five-hundred (500) feet of their proposed site.
(2) The owner of a licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and marijuana retail store shall obtain an annual license from the City Council to operate the property and facility in conformance with Chapter 149: Licensing and Chapter 161: Marijuana. The number of licensed marijuana properties shall be capped at eight (8) parcels as defined in this chapter. All marijuana production facilities, marijuana manufacturing facilities and marijuana retail stores shall be located on one (1) or more of the eight (8) licensed marijuana properties in conformance with this chapter. Additional buildings may be permitted on licensed marijuana properties for marijuana production, marijuana manufacturing, marijuana retail store, and/or other uses allowed in the zoning district, based on the boundaries of the lots existing as of October 2, 2018, if the owner demonstrates that the proposed expansion meets all applicable requirements of the City's zoning, site plan, and building electrical fire and other health, safety and technical codes, including but not limited to this chapter andChapter 90: Building and Building Regulation and Chapter 128: Fire Prevention and the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate.
(3) A structure where marijuana is grown, cultivated, manufactured - processed, and/or sold shall be constructed of building materials approved by the Code Enforcement Department and Fire Chief, or their designees. If the structure is six-thousand (6,000) square feet or larger, and/or includes any extraction processes, it shall include an internal sprinkler and/or fire suppressant system approved by the Fire Chief.
(4) An owner of a licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and marijuana retail store shall prepare an Operations Manual and Safety Plan. The Operations Manual and Safety Plan shall be maintained at the property and/or business and made available for inspections upon request.

(a) The Operations Manual and Safety Plan for a licensed marijuana property shall describe, at a minimum, policies and procedures for building security and provision and maintenance of ventilation and odor controls for the property, structures, and common areas that meets the requirements of Subsection (5), below.
(b) The Operations Manual and Safety Plan for a marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall describe, at a minimum, policies and procedures for employee safety, product and building security, hours of operation, provision and maintenance of ventilation and odor controls that meets the requirements of Subsection (5), below, storage and use of hazardous materials, including but not limited to, chemicals and gases, waste management, contamination protocols, and methods of distribution to qualifying patients.

(5) Odor control plan.

(a) An owner of a licensed marijuana property and operator of a marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall prepare an Odor Control Plan specifying the engineering and administrative controls the facility will use to prevent odors from being detected off site, unless a mechanical engineer, or other qualified professional, registered in the State of Maine, certifies the adequacy of the proposed ventilation and odor control system to prevent odors from being detected beyond the boundaries of the property.
(b) All licensed marijuana properties, marijuana production facilities, marijuana manufacturing facilities and/or marijuana retail store shall be equipped with and maintain sufficient ventilation and odor controls to ensure that air leaving the building through an exhaust vent shall prevent odors from leaving the property. Doors and windows in odor producing areas shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the facility. The Odor Control Plan shall specify building management activities intended to isolate odor producing activities for one (1) or more marijuana production, marijuana manufacturing businesses, and/or marijuana retail store from other areas of the structures and discharge of emissions from structures.
(c) The City may use contracted staff and peer review escrow fees to review an Odor Control Plan under § 280-3-4B.
(d) The Odor Control Plan shall be prepared, using industry-specific best control technologies and best management practices, for each odor source in the licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store and shall include, at a minimum:

[1] A floor plan, with locations of odor producing activities specified. Relevant information shall include, but is not limited to, the location of doors, windows, ventilation systems, odor control systems, and odor sources.
[2] The location of specific odor producing activities.
[3] Maintenance and replacement schedule for key system components, provided by the manufacturer or supplier of the technology.
[4] Staff training procedures including organizational responsibilities and the roles/titles of staff members who shall be trained about odor control.
[5] Recordkeeping systems and forms describing what records will be maintained by the facility operator.
[6] Description of daily standard operating procedures to verify that the odor control systems are operational.
[7] Evidence that ventilation and odor controls are operational, sufficient to effectively mitigate odors for all sources and consistent with accepted and available industry-specific best control technologies designed to effectively mitigate odors.

(e) In addition, a marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall describe:

[1] The processes that will take place at the facility and the sources of the odors associated with, but not limited to, vegetative flowering, processing, and storage.
[2] For each odor source, specify the administrative processes and technologies the facility will use, including:

[a] Description of the proposed actions or technologies for each odor producing activity, including the number of products proposed to be used and product names, provided by the manufacturer or supplier of the technology;
[b] Description of the formulas, provided by the manufacturer or supplier of the technology, to size the proposed odor control technologies for the specific space and odor sources to be controlled within the facility.
[c] Maintenance and replacement schedule for key system components, provided by the manufacturer or supplier of the technology.

(6) No medical marijuana qualifying patients shall obtain medical marijuana directly from a licensed marijuana property, marijuana production facility, or marijuana manufacturing facility, except as otherwise allowed under the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate. A licensed marijuana property or medical marijuana production facility may include an office space, located on one of the licensed marijuana properties, for the purposes of consulting with and distributing medical marijuana to qualifying patients if offices are allowed in the zoning district and if the facility meets all public safety, public access, parking, and other requirements of City codes as well as the standards in Subsection (6)(a) through (6)(i), below.This office space shall not qualify as a medical marijuana dispensary for retail sales or for retail sale of adult use marijuana as defined in the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and State administrative rules, as appropriate. This limitation is not intended to prohibit production operations in one (1) unit with potential retail sales of marijuana paraphernalia in another separate unit, as long as retail sales of paraphernalia is allowed in the zone in which the property is located and the two (2) facilities operate as separate legal entities.

(a) Retail sales of marijuana shall be allowed in conformance with this chapter and Chapter 161: Marijuana.
(b) The office shall be no larger than four-hundred (400) square feet.
(c) The caregiver shall meet with patients in the office by appointment only. No drop in appointments shall be allowed. At any point in time, scheduled appointments shall not generate a number of patients that exceeds occupancy limits, required parking, curb cuts, or other zoning standards, and all elements and conditions of site plan approval.
(d) No exterior or interior displays that identify the office as a location where medical marijuana is distributed shall be allowed. All signage shall be in conformance with the Maine Medical Use of Marijuana Act or state administrative rules, as appropriate.
(e) Each caregiver's office shall be a separate, enclosed, locked facility, accessible only by the caregiver or his or her authorized employee and medical marijuana patients, vendors or service providers.
(f) The office shall include office furniture only. All medical marijuana products shall be stored in a locked piece of furniture including, but not limited to, an armoire, closet, or other opaque fixture such that products shall not be in an open display or directly visible to patients. The caregiver may display and/or provide literature about his or her medical marijuana services.
(g) Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m.
(h) The caregiver shall maintain a log of appointments, client identification number (name of client shall remain private), purpose of appointment, and whether appointment was kept. The log shall be made available to the Code Enforcement Officer upon request.
(i) A licensed marijuana property, marijuana facility, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall comply with the industrial performance standards in this chapter.
(j) A licensed marijuana property, marijuana facility, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall not dispose of marijuana waste and/or residue from the growth, cultivation, processing, storage, and sale of marijuana in an unsecured waste receptacle not in its possession and control.
(k) Notwithstanding anything to the contrary in 1 M.R.S. § 302, and amendments of this chapter on October 2, 2018, this chapter applies to any application relating to the establishment or operation of a licensed marijuana property, marijuana facilities, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store whether or not such application had become a "pending proceeding" as defined in 1 M.R.S.A. § 302 prior to the enactment of this chapter.

See § 280-15-10: Marijuana standards for complete information on standards for marijuana.
See Medical Marijuana General Standards for procedural requirements.

Marijuana retail stores

A facility located on a licensed marijuana property in a zone that allows retail sales and is licensed by the City Council to purchase adult use marijuana, immature marijuana plants, and/or seedlings from a marijuana production and/or marijuana manufacturing facility, collect and transport marijuana and/or marijuana products, immature marijuana plants, and seedlings to consumers. See licensed marijuana property.

Districts Where Allowed Districts where use is Permitted by Right: AD, IB, RMU

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

Licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and marijuana retail store standards. In addition to the requirements of § 280-15-10B a licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall meet the following additional standards:

(1) No licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall be allowed within five-hundred (500) feet, of any existing public or private school, child-care provider, park, playground, and/or church, with the distance between the properties calculated by direct measurement in a straight line between the nearest property line of the land used for public or private school, child-care, park, playground and/or church to the nearest portion of the structure in which the licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store is located. Applicants for public or private schools, child care providers, parks, playgrounds, and/or churches, which are proposed within five-hundred (500) feet of an existing licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall be required to sign a form, which may be obtained from the Code Enforcement Department, which indicates that they are aware that an existing licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store is located within five-hundred (500) feet of their proposed site.

(2) The owner of a licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and marijuana retail store shall obtain an annual license from the City Council to operate the property and facility in conformance with Chapter 149: Licensing and Chapter 161: Marijuana. The number of licensed marijuana properties shall be capped at eight (8) parcels as defined in this chapter. All marijuana production facilities, marijuana manufacturing facilities, and marijuana retail stores shall be located on one (1) or more of the eight (8) licensed marijuana properties in conformance with this chapter.. Additional buildings may be permitted on licensed marijuana properties for marijuana production, marijuana manufacturing, marijuana retail store, and/or other uses allowed in the zoning district, based on the boundaries of the parcels existing as of October 2, 2018, if the owner demonstrates that the proposed expansion meets all applicable requirements of the City's zoning, site plan, and building electrical fire and other health, safety and technical codes, including but not limited to this chapter andChapter 90: Building and Building Regulation and Chapter 128: Fire Prevention and the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate.

(3) A structure where marijuana is grown, cultivated, manufactured. processed, and/or sold shall be constructed of building materials approved by the Code Enforcement Department and Fire Chief, or their designees. If the structure is six-thousand (6,000) square feet or larger, and/or includes any extraction processes, it shall include an internal sprinkler and/or fire suppressant system approved by the Fire Chief.

(4) An owner of a licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and marijuana retail store shall prepare an Operations Manual and Safety Plan. The Operations Manual and Safety Plan shall be maintained at the property and/or business and made available for inspections upon request.

(a) The Operations Manual and Safety Plan for a licensed marijuana property shall describe, at a minimum, policies and procedures for building security and provision and maintenance of ventilation and odor controls for the property, structures, and common areas that meets the requirements of Subsection (5), below.
(b) The Operations Manual and Safety Plan for a marijuana production facility. marijuana manufacturing facility, and/or marijuana retail store shall describe, at a minimum, policies and procedures for employee safety, product and building security, hours of operation, provision and maintenance of ventilation and odor controls that meets the requirements of Subsection (5), below, storage and use of hazardous materials, including but not limited to, chemicals and gases, waste management, contamination protocols, and methods of distribution to qualifying patients.

(5) Odor control plan.

(a) An owner of a licensed marijuana property and operator of a marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall prepare an Odor Control Plan specifying the engineering and administrative controls the facility will use to prevent odors from being detected off site, unless a mechanical engineer, or other qualified professional, registered in the State of Maine, certifies the adequacy of the proposed ventilation and odor control system to prevent odors from being detected beyond the boundaries of the property.
(b) All licensed marijuana properties, marijuana production facilities, marijuana manufacturing facilities and/or marijuana retail store shall be equipped with and maintain sufficient ventilation and odor controls to ensure that air leaving the building through an exhaust vent shall prevent odors from leaving the property. Doors and windows in odor producing areas shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the facility. The Odor Control Plan shall specify building management activities intended to isolate odor producing activities for one (1) or more marijuana production, marijuana manufacturing businesses, and/or marijuana retail store from other areas of the structures and discharge of emissions from structures.
(c) The City may use contracted staff and peer review escrow fees to review an Odor Control Plan under § 280-3-4B.
(d) The Odor Control Plan shall be prepared, using industry-specific best control technologies and best management practices, for each odor source in the licensed marijuana property, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store and shall include, at a minimum:

[1] A floor plan, with locations of odor producing activities specified. Relevant information shall include, but is not limited to, the location of doors, windows, ventilation systems, odor control systems, and odor sources.
[2] The location of specific odor producing activities.
[3] Maintenance and replacement schedule for key system components, provided by the manufacturer or supplier of the technology.
[4] Staff training procedures including organizational responsibilities and the roles/titles of staff members who shall be trained about odor control.
[5] Recordkeeping systems and forms describing what records will be maintained by the facility operator.
[6] Description of daily standard operating procedures to verify that the odor control systems are operational.
[7] Evidence that ventilation and odor controls are operational, sufficient to effectively mitigate odors for all sources and consistent with accepted and available industry-specific best control technologies designed to effectively mitigate odors.

(e) In addition, a marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall describe:

[1] The processes that will take place at the facility and the sources of the odors associated with, but not limited to, vegetative flowering, processing, and storage.
[2] For each odor source, specify the administrative processes and technologies the facility will use, including:

[a] Description of the proposed actions or technologies for each odor producing activity, including the number of products proposed to be used and product names, provided by the manufacturer or supplier of the technology;
[b] Description of the formulas, provided by the manufacturer or supplier of the technology, to size the proposed odor control technologies for the specific space and odor sources to be controlled within the facility.
[c] Maintenance and replacement schedule for key system components, provided by the manufacturer or supplier of the technology.

(6) No medical marijuana qualifying patients shall obtain medical marijuana directly from a licensed marijuana property, marijuana production facility, or marijuana manufacturing facility, except as otherwise allowed under the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate. A licensed marijuana property or medical marijuana production facility may include an office space, located on one of the licensed marijuana properties, for the purposes of consulting with and distributing medical marijuana to qualifying patients if offices are allowed in the zoning district and if the facility meets all public safety, public access, parking, and other requirements of City codes as well as the standards in Subsection (6)(a) through (6)(i), below.This office space shall not qualify as a medical marijuana dispensary for retail sales or for retail sale of adult use marijuana as defined in the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and State administrative rules, as appropriate. This limitation is not intended to prohibit production operations in one (1) unit with potential retail sales of marijuana paraphernalia in another separate unit, as long as retail sales of paraphernalia is allowed in the zone in which the property is located and the two (2) facilities operate as separate legal entities.

(a) Retail sales of marijuana shall be allowed in conformance with this chapter and Chapter 161: Marijuana.
(b) The office shall be no larger than four-hundred (400) square feet.
(c) The caregiver shall meet with patients in the office by appointment only. No drop in appointments shall be allowed. At any point in time, scheduled appointments shall not generate a number of patients that exceeds occupancy limits, required parking, curb cuts, or other zoning standards, and all elements and conditions of site plan approval.
(d) No exterior or interior displays that identify the office as a location where medical marijuana is distributed shall be allowed. All signage shall be in conformance with the Maine Medical Use of Marijuana Act or state administrative rules, as appropriate.
(e) Each caregiver's office shall be a separate, enclosed, locked facility, accessible only by the caregiver or his or her authorized employee and medical marijuana patients, vendors or service providers.
(f) The office shall include office furniture only. All medical marijuana products shall be stored in a locked piece of furniture including, but not limited to, an armoire, closet, or other opaque fixture such that products shall not be in an open display or directly visible to patients. The caregiver may display and/or provide literature about his or her medical marijuana services.
(g) Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m.
(h) The caregiver shall maintain a log of appointments, client identification number (name of client shall remain private), purpose of appointment, and whether appointment was kept. The log shall be made available to the Code Enforcement Officer upon request.
(i) A licensed marijuana property, marijuana facility, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall comply with the industrial performance standards in this chapter.
(j) A licensed marijuana property, marijuana facility, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store shall not dispose of marijuana waste and/or residue from the growth, cultivation, processing, storage, and sale of marijuana in an unsecured waste receptacle not in its possession and control.
(k) Notwithstanding anything to the contrary in 1 M.R.S. § 302, and amendments of this chapter on October 2, 2018, this chapter applies to any application relating to the establishment or operation of a licensed marijuana property, marijuana facilities, marijuana production facility, marijuana manufacturing facility, and/or marijuana retail store whether or not such application had become a "pending proceeding" as defined in 1 M.R.S.A. § 302 prior to the enactment of this chapter.

See § 280-15-10: Marijuana standards for complete information on standards for marijuana.
See Medical Marijuana General Standards for procedural requirements.

Marinas

(NAICS # 713930)
A water-dependent facility that makes available to members of the public space for berthing watercraft. The facility also may store, service, supply, and fuel watercraft and may sell boats and related equipment.

Marine sales and service

A facility for the retail sale and repair of watercraft and related equipment and supplies.

Medical marijuana home occupations

A home occupation that is conducted by a registered primary caregiver who resides in the dwelling as his/her primary residence in conformance with standards described in § 280-15-10A and § 280-15-10B and (1) is performed within a single-family dwelling or within an accessory building to that single-family dwelling or within a unit in a multifamily structure; (2) is for the purpose of assisting one (1) or more qualifying patients with the medical use of marijuana who do not reside in the dwelling and are not family members of the primary caregiver; and (3) complies with the Maine Medical Use of Marijuana Act, in combination with 18-691 CMR Ch. 2. the Marijuana Legalization Act, and state administrative rules, as appropriate.

Districts Where Allowed Districts where use is Permitted by Right: IB, IR, RD, RMU, RR, U

Vehicle Parking:
Two (2) parking spaces in addition to required parking for residences. See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

A. Home cultivation standards.

(1) Single family detached dwellings. Marijuana, may be grown or cultivated inside and/or outside of the any single family detached, home, outbuilding, and/or garage if cultivation is conducted in conformance with Subsection B below.
(2) Other residential dwellings. In other residential dwellings marijuana may be grown, cultivated, processed, and/or stored inside a dwelling unit if cultivation is conducted in conformance with Subsection B below.
(3) Gases. The use of gas products, including but not limited to carbon dioxide, sulfur dioxide, and butane, and ozone generators is prohibited.
(4) Hemp shall be grown outdoors.

B. Marijuana general standards.

(1) Residency. Home cultivation, medical marijuana home production, and medical marijuana home occupation shall only be conducted by a resident for whom the dwelling unit is his/her primary residence in conformance with the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate.
(2) Ownership. A home cultivator or medical marijuana caregiver who does not own the property where marijuana is proposed to be cultivated, processed, stored, or distributed shall obtain written permission from the property owner prior to cultivating marijuana and shall make the written permission available to the City, upon request.
(3) Enclosed, locked facility. Any home cultivation, medical marijuana home production, or medical marijuana home occupation shall be conducted in an enclosed, locked facility, which is accessible only by the individual who is authorized to cultivate the marijuana in conformance with the Maine Medical Use of Marijuana Act,[arijuana Legalization Act, and state administrative rule, as appropriate. No outdoor cultivation is allowed for a marijuana production facility.
(4) Limited area dedicated to cultivation. Cultivation shall only be conducted in a contiguous area of not more than one-quarter (1/4) of the total square footage of a dwelling unit or one-hundred-twenty (120) square feet, whichever is less. No marijuana shall be grown, cultivated, processed, and/or stored within a common area or limited common area of the property.
(5) Screening of outdoor cultivation on a residential property. No exterior evidence of cultivation, including signs, shall be visible from a public way or area. Plants shall be entirely screened from common visual observation from a public way or area by natural objects, plantings, or a solid fence at least six (6) feet or taller in height, density, and depth sufficient to accomplish complete screening of plants from ordinary view. Should plants grow higher than the screening such that they are visible from a public way or area, either the plants shall be cut to not extend higher than the screening or the individual who is authorized to cultivate the marijuana shall install additional screening sufficient to conceal the plants from public view within ten (10) days of notification of a violation by the Code Enforcement Department.
(6) Commercial sale of marijuana grown, cultivated, processed, and/or stored on a residential property, except for members of the household and family members who are qualifying patients that do not reside in the household or as otherwise allowed under the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, or state administrative rules, as appropriate, and the sale of marijuana paraphernalia is prohibited.
(7) Compliance with health and safety codes. A primary residence, outbuilding, garage, or other structure where marijuana is grown, cultivated, processed, and/or stored shall meet all applicable requirements of the City's building, electrical, fire, and other health safety and technical codes, including but not limited to Chapter 90: Building and Building Regulation and Chapter 128: Fire Prevention.
(8) Chemicals, cultivation that uses storage, and/or distribution of marijuana shall do so in conformance with the Maine Medical Use Marijuana Act, Marijuana Legalization Act, or state administrative rules.
(9) Ventilation and odor management. Any primary residence, outbuilding, garage, or other structure used for cultivation shall have proper ventilation to prevent mold damage and to prevent odors or particles from becoming a nuisance to surrounding properties or the public.
(10) Waste disposal. All marijuana waste and/or residue from the growth, cultivation, processing, and/or storage of marijuana shall be disposed of in conformance with the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, or state administrative rules, as appropriate, as well as Chapter 220: Solid Waste. Waste and/or residue shall not be placed in exterior refuse containers without first being made unusable and unrecognizable through grinding and incorporating it with non-consumable, solid wastes such as paper, plastic, cardboard, food, grease, Bokashi or other compost activators, and/or soil, such that the resulting mixture is at least fifty (50) percent non-marijuana waste. Composting, fermenting, and/or incineration on-site is allowed if undertaken in accordance with state and local regulations.

See § 280-15-10: Marijuana standards for complete information on standards for marijuana.
See Medical Marijuana General Standards for procedural requirements.

Medical marijuana home productions

Growing, cultivating, processing, and/or storing medical marijuana by a medical marijuana qualifying patient or patients at his/her/their primary residence as an accessory use in conformance with standards described in § 280-15-10A and § 280-15-10B, the Maine Medical Use of Marijuana Act and Rules. in combination with 18-691 CMR Ch. 2. This use shall be considered an accessory use to a legally permitted residential dwelling unit.

Districts Where Allowed Districts where use is Permitted by Right: IB, IR, RD, RMU, RR, U

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

A. Home cultivation standards.

(1) Single family detached dwellings. Marijuana, may be grown or cultivated inside and/or outside of the any single family detached, home, outbuilding, and/or garage if cultivation is conducted in conformance with Subsection B below.
(2) Other residential dwellings. In other residential dwellings marijuana may be grown, cultivated, processed, and/or stored inside a dwelling unit if cultivation is conducted in conformance with Subsection B below.
(3) Gases. The use of gas products, including but not limited to carbon dioxide, sulfur dioxide, and butane, and ozone generators is prohibited.
(4) Hemp shall be grown outdoors.

B. Marijuana general standards.

(1) Residency. Home cultivation, medical marijuana home production, and medical marijuana home occupation shall only be conducted by a resident for whom the dwelling unit is his/her primary residence in conformance with the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate.
(2) Ownership. A home cultivator or medical marijuana caregiver who does not own the property where marijuana is proposed to be cultivated, processed, stored, or distributed shall obtain written permission from the property owner prior to cultivating marijuana and shall make the written permission available to the City, upon request.
(3) Enclosed, locked facility. Any home cultivation, medical marijuana home production, or medical marijuana home occupation shall be conducted in an enclosed, locked facility, which is accessible only by the individual who is authorized to cultivate the marijuana in conformance with the Maine Medical Use of Marijuana Act,[arijuana Legalization Act, and state administrative rule, as appropriate. No outdoor cultivation is allowed for a marijuana production facility.
(4) Limited area dedicated to cultivation. Cultivation shall only be conducted in a contiguous area of not more than one-quarter (1/4) of the total square footage of a dwelling unit or one-hundred-twenty (120) square feet, whichever is less. No marijuana shall be grown, cultivated, processed, and/or stored within a common area or limited common area of the property.
(5) Screening of outdoor cultivation on a residential property. No exterior evidence of cultivation, including signs, shall be visible from a public way or area. Plants shall be entirely screened from common visual observation from a public way or area by natural objects, plantings, or a solid fence at least six (6) feet or taller in height, density, and depth sufficient to accomplish complete screening of plants from ordinary view. Should plants grow higher than the screening such that they are visible from a public way or area, either the plants shall be cut to not extend higher than the screening or the individual who is authorized to cultivate the marijuana shall install additional screening sufficient to conceal the plants from public view within ten (10) days of notification of a violation by the Code Enforcement Department.
(6) Commercial sale of marijuana grown, cultivated, processed, and/or stored on a residential property, except for members of the household and family members who are qualifying patients that do not reside in the household or as otherwise allowed under the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, or state administrative rules, as appropriate, and the sale of marijuana paraphernalia is prohibited.
(7) Compliance with health and safety codes. A primary residence, outbuilding, garage, or other structure where marijuana is grown, cultivated, processed, and/or stored shall meet all applicable requirements of the City's building, electrical, fire, and other health safety and technical codes, including but not limited to Chapter 90: Building and Building Regulation and Chapter 128: Fire Prevention.
(8) Chemicals, cultivation that uses storage, and/or distribution of marijuana shall do so in conformance with the Maine Medical Use Marijuana Act, Marijuana Legalization Act, or state administrative rules.
(9) Ventilation and odor management. Any primary residence, outbuilding, garage, or other structure used for cultivation shall have proper ventilation to prevent mold damage and to prevent odors or particles from becoming a nuisance to surrounding properties or the public.
(10) Waste disposal. All marijuana waste and/or residue from the growth, cultivation, processing, and/or storage of marijuana shall be disposed of in conformance with the Maine Medical Use of Marijuana Act, Marijuana Legalization Act, or state administrative rules, as appropriate, as well as Chapter 220: Solid Waste. Waste and/or residue shall not be placed in exterior refuse containers without first being made unusable and unrecognizable through grinding and incorporating it with non-consumable, solid wastes such as paper, plastic, cardboard, food, grease, Bokashi or other compost activators, and/or soil, such that the resulting mixture is at least fifty (50) percent non-marijuana waste. Composting, fermenting, and/or incineration on-site is allowed if undertaken in accordance with state and local regulations.

See § 280-15-10: Marijuana standards for complete information on standards for marijuana.
See Medical Marijuana General Standards for procedural requirements.

Mental health and abuse clinics

MENTAL HEALTH AND ABUSE CLINIC (NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM NO. 621420)
An establishment with medical staff primarily engaged in providing outpatient services related to the diagnosis and treatment of mental health disorders and alcohol and other substance abuse. This establishment generally treats patients who do not require inpatient treatment. It may provide a counseling staff and information regarding a wide range of mental health and substance abuse issues and/or refer patients to more extensive treatment programs, if necessary.

Districts Where Allowed Districts where the use may be allowed as a Conditional Use: AD, IB, IR, RMU, RR

Vehicle Parking:
One-and-one-quarter (1.25) spaces per four (4) beds, plus one (1) space per each full-time staff doctor, plus one (1) space per each other employee.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:
See § 280-13-4: Applications for mental health and abuse clinics and mental heath and abuse clinics application for informatin on criteria for applications for this use.

Mineral exploration

Hand sampling, test boring, or other methods of determining the nature or extent of mineral resources which create minimal disturbance to the land and which include reasonable measures to restore the land to its original condition.

Districts Where Allowed Districts where use is Permitted by Right: RMU, RR Districts where use may be permitted with a Site Plan: IB

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Mineral extraction

Any operation which removes soil, topsoil, loam, sand, gravel, clay, rock, peat, or other like material from its natural location, except in conjunction with approved construction, and transports the product removed away from the extraction site. The operation may also involve the beneficiation of the product and the processing of both on-site and imported material. All activity and/or operations will cease to be approved with the exception of reclamation when the removal of the material is no longer active.

Districts Where Allowed Districts where use may be permitted with a Site Plan: IB, RMU, RR

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

A. General. The following provisions shall apply to filling, grading, lagooning, dredging, excavation, processing and storage of soil, earth, loam, sand, gravel, rock and other mineral deposits. Filling, grading, lagooning, dredging, and other earthmoving activity which would result in erosion, sedimentation, or impairment of water quality or fish and aquatic life is prohibited.
B. Mineral extraction not requiring site plan review.

(1) The following mineral extraction activities shall be allowed without site plan approval:

(a) The removal or filling of material incidental to construction, alteration or repair of a building or in the grading and landscaping incidental thereto; and
(b) The removal, filling, or transfer of material incidental to construction, alteration or repair of a public or private way or essential services.

(2) All other commercial mineral extraction, processing and storage shall require site plan approval in accordance with Article XVI: Site Plan Review.

See Mineral Extraction for procedural information.

Mobile home parks

A lot of land under unified ownership designed and/or used to accommodate three (3) or more manufactured housing units.

Districts Where Allowed Districts where use is Permitted by Right: RMU

Vehicle Parking:
Two (2) parking spaces per dwelling unit.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

Providing the mobile home park has access from a collector or arterial.

(1) Mobile home parks shall be allowed in the Rural Mixed Use Zone. The use and dimensional requirements of the Rural Mixed Use Zone shall govern, except to the extent otherwise provided by this subsection or state law.
(2) Existing mobile home parks not located within the Rural Mixed Use Zone shall be allowed to expand on contiguous property to one-hundred-thirty percent (130%) of the number of lots which existed in said mobile home park on September 7, 1989, subject to all of the provisions set forth in this section.
(3) Lots in mobile home parks shall comply with the following:

(a) The minimum lot width for any mobile home park lot shall be fifty (50) feet.
(b) A mobile home shall not be located less than ten (10) feet from any boundary lines of an individual lot.
(c) Any mobile home park lot which is located wholly or partly within a shoreland district shall meet the minimum lot area and shore frontage requirements of that district.

(4) No mobile home park lot shall be located with road frontage on any existing public way. Frontage and access to individual mobile home park lots shall be solely from interior roadways constructed within the mobile home park.
(5) Privately owned roads within a mobile home park shall:

(a) Be built according to acceptable engineering standards and with a professional engineer's seal as required by the Manufactured Housing Board;
(b) Have a minimum right-of-way width of twenty-three (23) feet;
(c) Have a minimum paved width of twenty (20) feet; and
(d) Conform to reasonable safety standards applicable to intersections with public ways adjacent to the mobile home park.

(6) Any person proposing to develop or expand a mobile home park shall prove to the Code Enforcement Officer and the Planning Board that the development will not pollute a public water supply or an aquifer or violate any provision of state law relating to land development, subdivision or use.
(7) Requirement for buffer strips.

(a) None of the provisions of this subsection shall apply unless the per-acre density of the mobile home park is at least two (2) times greater than the density of residential development on immediately adjacent lots of land.
(b) In addition to the setback requirements set forth in § 280-15-5F(3)(b), a buffer strip of at least forty (40) feet in width shall be required along the boundary of any mobile home park where the abutting property is zoned for residential use.
(c) Within the first twenty-five (25) feet of the buffer strip, as measured from the exterior boundaries of the mobile home park, the buffer shall be established and maintained with a screen to provide an effective visual barrier from the ground to a height of at least ten (10) feet. This screen shall be composed of a landscaped earth berm, planted evergreen bushes and trees, or existing evergreen bushes and trees, or a combination of such features.
(d) No structures, streets, or utilities may be placed in the buffer strip, except that utilities may cross a buffer strip to provide services to the mobile home park.

(8) No individual lot within a mobile home park may be separately conveyed unless it meets all of the dimensional requirements of the zoning district, including sufficient frontage on an accepted public way.
(9) Only newer mobile homes, as defined in this chapter, shall be permitted in mobile home parks.
(10)This section shall be effective as of January 1, 1990.

See § 280-15-5: Manufactured housing for information on all types of manufactured housing.

Mobile homes

A unit, single width or otherwise, which the manufacturer certifies is constructed in compliance with the State of Maine's Manufactured Housing and regulations, meaning a structure, transportable in one (1) or more sections, which is not constructed on a permanent chassis and is designed to be used as dwellings on permanent foundations when connected to required utilities, including the plumbing, heating, air-conditioning, and electrical systems contained therein.

Districts Where Allowed Districts where use may be permitted with a Site Plan: RD, RMU, RR

Vehicle Parking:
Two (2) parking spaces per dwelling unit. See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

Newer mobile homes. Newer mobile homes shall be treated as single-family homes allowable in the Rural Residential, Rural Mixed Use, and Residential Development Zones but may not be located on a lot or parcel of land which fronts on Route 109, 202, 99, 11A, 224 or 4.

Homes in mobile home parks. A mobile home being located on a lot approved prior to the effective date of this amendment in an existing mobile home park licensed by the Maine Department of Business Regulation shall not be required to be located on a permanent foundation.

See § 280-15-5C for information on nonconforming manufactured homes.
See § 280-15-5D for information on older homes.

Modular homes

A unit, single width or otherwise, which the manufacturer certifies is constructed in compliance with the state's Manufactured Housing and regulations, meaning a structure, transportable in one (1) or more sections, which is not constructed on a permanent chassis and is designed to be used as a dwelling on permanent foundation when connected to required utilities, including the plumbing, heating, air-conditioning, and electrical systems contained therein.

Districts Where Allowed Districts where use may be permitted with a Site Plan: RD, RMU, RR

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

Modular homes shall be allowed in any zone in which a residential structure is allowed and subject to the requirements of that zone.

See § 280-15-5: Manufactured housing for information on all types of manufactured housing.

Motor vehicle repair facilities

A business which provides services to motor vehicles which involve body work, painting, engine rebuilding, or structural repairs or alterations.

Districts Where Allowed Districts where use is Permitted by Right: IB Districts where the use may be allowed as a Conditional Use: U

Vehicle Parking:
One-quarter (0.25) parking space per fuel pump, plus one (1) parking space per employee, plus four (4) parking spaces per service bay.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

Urban Zone:
This use is by conditional use except when the proposed use meets the standards below:

Change in use within an existing developed site shall be permitted if it:

• expands the existing structure no more than a five-hundred square foot,
• expands impervious cover no more than five-hundred (500) square feet,
• expands parking by no more than five (5) spaces,
• does not appreciably increase traffic to and from the site,
• screens service vehicles from view from a public right-of-way or adjacent properties, and
• provides new or expanded planting of street trees along street frontages

Motor vehicle sales and service

The use of any building or land area for the display and sale of new or used automobiles, trucks, vans, trailers and recreation vehicles, and including repair facilities for such vehicles. Does not include vehicles defined as "power sport vehicles."

Motor vehicle service

A business which provides service, maintenance, and minor repairs for motor vehicles, including the accessory sale of gasoline, parts, and supplies. This use includes service stations, muffler, transmission, and brake shops, car washes, tune-up centers, and similar uses but shall not include operations involving body work, painting, engine rebuilding, or structural repairs or alterations.

Motor vehicle service, repair, or sales facilities, small-scale

A use that involves a motor vehicle service facility, a motor vehicle repair facility, and/or motor vehicle sales and service that involves a building or structure of two-thousand (2,000) square feet or less of gross floor area and the exterior storage or display of fewer than ten (10) vehicles. Does not include vehicles defined as power sport vehicles.

Districts Where Allowed Districts where use is Permitted by Right: AD, IB Districts where the use may be allowed as a Conditional Use: RR, U Districts where use may be permitted with a Site Plan: RMU

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

Urban Zone:
This use is by conditional use, except when the proposed use meets the standards below:

Change in use within an existing developed site shall be permitted if it:

• expands the existing structure no more than a five-hundred square foot,
• expands impervious cover no more than five-hundred (500) square feet,
• expands parking by no more than five (5) spaces,
• does not appreciably increase traffic to and from the site,
• screens service vehicles from view from a public right-of-way or adjacent properties, and
• provides new or expanded planting of street trees along street frontages

Multifamily dwellings

A building used for residential occupancy by three (3) or more families, each living independently of the others in separate dwelling units.

Multifamily dwellings above the ground floor of mixed use development

Multifamily dwellings on the ground floor of mixed use development

Districts Where Allowed Districts where the use may be allowed as a Conditional Use: IR

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

IR Zone:
Multifamily residential on the first floor of a mixed use structure.

[1] Shall be allowed as a conditional use under Article XIII: Conditional Uses and the following conditions:

[a] A minimum of twelve (12) months effort to secure an allowed nonresidential tenant and/or buyer has been unsuccessful.
[b] Residential units that front on public streets shall not exceed fifty percent (50%) or one-hundred (100) linear feet of the building’s frontage on a public street, whichever is smaller. The Planning Board may increase the percent or linear feet up to twenty-five percent (25%) if the local economy is experiencing a prolonged economic downturn with documented inability to rent nonresidential space for eighteen (18) months or longer.
[c] Shall maximize the amount of space on the first floor dedicated to active uses that invite the public into the first floor of the structure.
[d] Shall not convert spaces which have unique features including, but not limited to, views of waterfalls and/or other water features from active uses that invite the public into the first floor of the structure.
[e] If direct access to the structure from a public street is obstructed by topographic conditions, the Planning Board may consider the compatibility of accommodations for American with Disabilities, or other features that provide direct access with the architectural and/or historic character of the structure and/or area. The Planning Board may take financial impacts of providing such accommodations for direct access into consideration in determining the significance of the obstruction.

[2] Minimum size of residential units. Any residential dwelling unit created in the IR Zone shall comply with the following minimum floor area requirements based on the type of unit:

[a] Studio/efficiency unit: not less than four-hundred-ten (410) square feet.
[b] One (1)-bedroom unit: not less than five-hundred-thirty-five (535) square feet.
[c] Two (2)-bedroom unit: not less than seven-hundred-twenty (720) square feet.
[d] Three (3)-bedroom unit: not less than nine-hundred-twenty (920) square feet.

[e] Four (4) or more bedroom unit: not less than one-thousand-one-hundred-twenty (1,120) square feet.

Municipal uses

A use undertaken or a building occupied by a local governmental body, agency or organization or by a quasi-municipal agency or organization carrying out a recognized public purpose.

Museums

(NAICS # 712110)
An institution for the acquisition, preservation, study, and exhibition of works of artistic, historical, or scientific value.

Districts Where Allowed Districts where use is Permitted by Right: IR, U Districts where use may be permitted with a Site Plan: RMU, RR

Vehicle Parking:
One (1) parking space per three-hundred (300) square feet, plus one (1) parking space per employee.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Nonprofit clubs and lodges

Facility for a nonprofit social and fraternal organization, including accessory facilities for use as meeting rooms, function halls, and similar uses that may be rented to outside users.

Nonprofit service organizations

A nonprofit organization which provides and promotes sports facilities with a broad range of programs such as sports and games, personal fitness, child care, adult day services, overnight camping, employment readiness programs, conference centers and educational activities.

Districts Where Allowed Districts where use is Permitted by Right: U Districts where the use may be allowed as a Conditional Use: IR, RD, RMU, RR

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

In addition to the requirements of § 280-13-5: Standards for conditional use approval, and any other applicable section of the City's ordinances, the minimum parcel size for this use is ten (10) acres.

Offices associated with an allowed use

Offices, business

A place of business where activities such as general management, bookkeeping, accounting, telephone sales, and telecommunications take place but where no consumer retail services are performed. This shall include businesses involved in real estate sales and management, insurance sales, and similar activities not involving the sale of physical products on the premises.

Districts Where Allowed Districts where use is Permitted by Right: IR, U Districts where the use may be allowed as a Conditional Use: RD

Vehicle Parking:
Three (3) parking spaces per use or four (4) parking spaces per one-thousand (1,000) square feet [or one (1) parking space per two-hundred-fifty (250) square feet or portion thereof], whichever is greater.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Offices, business on first floor of mixed use development

A place of business where activities such as general management, bookkeeping, accounting, telephone sales, and telecommunications take place but where no consumer retail services are performed. This shall include businesses involved in real estate sales and management, insurance sales, and similar activities not involving the sale of physical products on the premises.

Offices, mental health practitioner

(NAICS # 621330)
The office of independent mental health practitioners engaged in the diagnosis and treatment of mental, emotional, and behavioral disorders and/or the diagnosis and treatment of individual or group social dysfunction brought about by such causes as mental illness, alcohol and substance abuse, physical and emotional trauma, or stress. These practitioners operate private or group practices in their own offices or in the facilities of others, such as hospitals or HMO medical centers. No medications shall be directly disbursed at the office, although prescriptions to be filled at another location shall be allowed.

Offices, professional

The office of a person engaged in architecture, engineering, law, medicine, dentistry, or other activity in which specialized services to clients are performed by persons possessing a degree from a recognized institution of higher learning demonstrating successful completion of a prolonged course of specialized intellectual instruction and study, or its equivalency, and also possessing evidence of professional capability, such as membership in a professional society.

Districts Where Allowed Districts where use is Permitted by Right: U Districts where the use may be allowed as a Conditional Use: RD

Vehicle Parking:
Four (4) parking spaces per doctor, plus one (1) parking space for each other employee.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Offices, professional (medical)

The office of a person engaged in architecture, engineering, law, medicine, dentistry, or other activity in which specialized services to clients are performed by persons possessing a degree from a recognized institution of higher learning demonstrating successful completion of a prolonged course of specialized intellectual instruction and study, or its equivalency, and also possessing evidence of professional capability, such as membership in a professional society.

Districts Where Allowed Districts where use is Permitted by Right: IR

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

IR Zone:
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Offices, professional on first floor of mixed use development

The office of a person engaged in architecture, engineering, law, medicine, dentistry, or other activity in which specialized services to clients are performed by persons possessing a degree from a recognized institution of higher learning demonstrating successful completion of a prolonged course of specialized intellectual instruction and study, or its equivalency, and also possessing evidence of professional capability, such as membership in a professional society.

Districts Where Allowed Districts where use is Permitted by Right: U Districts where use may be permitted with a Site Plan: IR

Vehicle Parking:
Four (4) parking spaces per doctor, plus one (1) parking space for each other employee.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Off-street parking accessory to a permitted use

Off-street parking accessory to a use permitted with review or a conditional use

Districts Where Allowed Districts where use is Permitted by Right: IR Districts where use may be permitted with a Site Plan: AD, IB, RD, RMU, RR, U

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Other Services (except Administration)

(NAICS # 81)

Outdoor display of accessory structures in conjunction with an allowed principal use

Districts Where Allowed Districts where use may be permitted with a Site Plan: U

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

This use is permitted by right and includes outdoor displays of aboveground swimming pools, sheds, gazebos and fences in conjunction with an allowed principal use.

Outdoor display of retail goods

Districts Where Allowed Districts where use is Permitted by Right: U Districts where use may be permitted with a Site Plan: IR

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

This use is permitted by right during business hours in conjunction with an allowed retail use.

Outdoor eating places

Districts Where Allowed Districts where use is Permitted by Right: IR, U

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

This use is permitted by right and includes chairs, tables or umbrellas to serve patrons in an adjacent eating place.

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Outside storage of materials, equipment and products

Districts Where Allowed Districts where use is Permitted by Right: RMU, RR Districts where use may be permitted with a Site Plan: IR, U

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

This use is permitted by right and must be in conjunction with an allowed principal use.

Owner-operated trucking operations on lots of greater than 5 acres

Facilities for the short-term storage and transshipment of materials or goods, including common carriers, oil terminals, moving companies, and similar operations.

Parking, commercial facilities

(NAICS # 238990)
A facility for the parking of licensed motor vehicles for a fee or to serve another use that is not located on the same parcel.

Districts Where Allowed Districts where the use may be allowed as a Conditional Use: U Districts where use may be permitted with a Site Plan: IR, RD

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

Urban Zone:
This use is a conditional use for freestanding businesses not associated with another use or structures.

Petroleum product storage

Oil, gasoline, petroleum products and by-products, and all other hydrocarbons which are liquefied under normal atmospheric conditions.

Power sport vehicle sales and service

This activity refers to the sales and/or repair of motorcycles, motor scooters, motor bikes, mopeds, off-road all-terrain vehicles (ATVs), personal watercraft, snowmobiles and/or powered golf carts. The activity is limited to structures with a gross footprint, including attached porches and patios, no larger than five-thousand (5,000) square feet and an unattached outdoor display area of one-thousand (1,000) square feet. The use of the unattached outdoor display area is limited to hours when the facility is open for business.

Districts Where Allowed Districts where use is Permitted by Right: AD, IB Districts where the use may be allowed as a Conditional Use: U Districts where use may be permitted with a Site Plan: RMU

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

Urban Zone:
This use is conditional, except when the proposed use meets the standards below:

Change in use within an existing developed site shall be permitted if it:

• expands the existing structure no more than a five-hundred square foot,
• expands impervious cover no more than five-hundred (500) square feet,
• expands parking by no more than five (5) spaces,
• does not appreciably increase traffic to and from the site,
• screens service vehicles from view from a public right-of-way or adjacent properties, and
• provides new or expanded planting of street trees along street frontages.

Principal dwelling structure

A residential structure having one or more dwelling units which abides by all zoning regulations and may have an accessory structure on the same premises.

Districts Where Allowed Districts where use is Permitted by Right: RD, RMU, RR

Vehicle Parking:
Two (2) parking spaces per dwelling unit. See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:
Principal dwelling structure. An ADU must be constructed in reference to a principal dwelling structure located on the same lot or parcel.
A principal dwelling structure may be any of the following:

(a) A single-family dwelling;
(b) A two-family dwelling; or
(c) A multifamily dwelling having less than five (5) individual dwelling units.

See also § 280-15-13: Accessory dwelling units (ADUs) for detailed information.

Processing and/or sale of agricultural products raised on the premises

Professional, Scientific, and Technical Services

(NAICS # 54)

Public Administration

(NAICS # 92)

Public utilities

A private organization, subject to governmental regulation, that provides an essential service or commodity, such as water, electricity, transportation, communication, or Internet to the public and which is intended to serve primarily populations or activities outside of the City. This term also includes buildings and pumping stations which are necessary for the furnishing of essential services, as defined in this chapter, whether local or greater in scope.

Real Estate and Rental and Leasing

(NAICS # 53)

Recreation, for-profit, nonmotorized outdoor recreation

A commercial facility that provides recreational opportunities that do not involve motorized vehicles or amusements, such as tennis clubs, riding stables, and similar uses.

Recreation, fully enclosed place of recreation

(NAICS # 713940)
A place enclosed by walls, roof, and floor, designed and equipped for the conduct of indoor sports, leisure time activities, and other customary and usual recreational activities, and operated by an entity other than a unit of government. These include, by way of example only, skating rinks, gymnasiums, bowling alleys, video arcades, and the like.

Districts Where Allowed Districts where use is Permitted by Right: IR, U Districts where use may be permitted with a Site Plan: IB

Vehicle Parking:
Five (5) parking spaces per one-thousand (1,000) square feet [or one (1) parking space per two-hundred (200) square feet or portion thereof].
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Rental of equipment

Renting of rooms and furnishing of board

Repair services not involving motor vehicles

(NAICS # 8112)
Businesses providing for the repair of personal and business property, such as radios and televisions; electrical and electronic equipment; watches, clocks, and jewelry; furniture and upholstery; sporting equipment; small engines and equipment; and similar items but not including the repair of motor vehicles, boats, or heavy equipment. Retail sales of parts and supplies shall be allowed provided such sales are accessory to the repair service.

Districts Where Allowed Districts where use is Permitted by Right: IR Districts where the use may be allowed as a Conditional Use: U Districts where use may be permitted with a Site Plan: RMU

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

Urban Zone:
This use is conditional when the proposed use meets the standards below:

Change in use within an existing developed site shall be permitted if it:

• expands the existing structure no more than a five-hundred square foot,
• expands impervious cover no more than five-hundred (500) square feet,
• expands parking by no more than five (5) spaces,
• does not appreciably increase traffic to and from the site,
• screens service vehicles from view from a public right-of-way or adjacent properties, and
• provides new or expanded planting of street trees along street frontages.

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Research and development facilities

(NAICS # 541710)
A laboratory or other facility for carrying on investigation in the natural, physical, or social sciences or engineering and development of end products as an extension of such investigation. Such a facility does not engage in the manufacture or sale of products, except as incidental to the main purpose of research and investigation. A marijuana research and development facility shall be located on a licensed marijuana property.

Residential care or congregate care facilities

Residential facilities which provide lodging and shared community space to their occupants. These types of facilities may or may not provide medical care or supervision and house residents who are capable of living independently. These facilities may consist of either:

A. Individual dwelling units with full facilities for cooking; or
B. Residential units which do not have their own cooking facilities.

Districts Where Allowed Districts where use is Permitted by Right: IR Districts where the use may be allowed as a Conditional Use: U

Vehicle Parking:
One (1) parking space per four (4) beds, plus one (1) parking space per employee.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Retail sales of items manufactured on the premises

An establishment that sells goods or commodities directly to the consumer or other end user. For the purposes of this chapter, the term "retail store" shall include sales rooms or showrooms but not yard sales, motor vehicle sales, either new or used, gas stations, or eating places

Districts Where Allowed Districts where use is Permitted by Right: IR, RD, U

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Supplemental information for retail sales in the Industrial Business (IB) Zone.

[a] A traffic impact analysis that assesses development impacts on level of service and safety on the street network and improvements that may be warranted for mitigation of impacts. The traffic impact analysis shall be prepared by a Maine licensed professional engineer and conform with Maine Department of Transportation Rules and Regulations Pertaining to Traffic Movement Permits.

See Retail Uses for supplemental information and procedural requirements.

Retail stores

An establishment that sells goods or commodities directly to the consumer or other end user. For the purposes of this chapter, the term "retail store" shall include sales rooms or showrooms but not yard sales, motor vehicle sales, either new or used, gas stations, or eating places.

Districts Where Allowed Districts where use is Permitted by Right: IR

Vehicle Parking:
Three (3) parking spaces per use or three (3) parking spaces per one-thousand (1,000) square feet [or one (1) parking space per three-hundred-thirty-three (333) square feet or portion thereof], plus one (1) parking space per employee, whichever is greater.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

A proposed retail use allowed in the Industrial Business (IB) Zone shall provide a traffic impact analysis that assesses development impacts on level of service and safety on the street network and improvements that may be warranted for mitigation of impacts. The traffic impact analysis shall be prepared by a Maine licensed professional engineer and conform with Maine Department of Transportation Rules and Regulations Pertaining to Traffic Movement Permits.

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Supplemental information for retail sales in the Industrial Business (IB) Zone.

[a] A traffic impact analysis that assesses development impacts on level of service and safety on the street network and improvements that may be warranted for mitigation of impacts. The traffic impact analysis shall be prepared by a Maine licensed professional engineer and conform with Maine Department of Transportation Rules and Regulations Pertaining to Traffic Movement Permits.

See Retail Use for supplemental information and procedural requirements.

Retail stores, limited

Retail store with five-thousand (5,000) square feet or less of gross floor area, including sales, storage, and support areas but excluding yard sales as defined in this chapter.

Districts Where Allowed Districts where use is Permitted by Right: IR, U Districts where use may be permitted with a Site Plan: RD, RMU

Vehicle Parking:
Three (3) parking spaces per use or three (3) parking spaces per one-thousand (1,000) square feet [or one (1) parking space per three-hundred-thirty-three (333) square feet or portion thereof], plus one (1) parking space per employee, whichever is greater.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Supplemental information for retail sales in the Industrial Business (IB) Zone.

[a] A traffic impact analysis that assesses development impacts on level of service and safety on the street network and improvements that may be warranted for mitigation of impacts. The traffic impact analysis shall be prepared by a Maine licensed professional engineer and conform with Maine Department of Transportation Rules and Regulations Pertaining to Traffic Movement Permits.

See Retail Use for supplemental information and procedural requirements.

Retail Trade

(NAICS # 44-45)

Districts Where Allowed Districts where use is Permitted by Right: IB, U

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

Supplemental information for retail sales in the Industrial Business (IB) Zone.

[a] A traffic impact analysis that assesses development impacts on level of service and safety on the street network and improvements that may be warranted for mitigation of impacts. The traffic impact analysis shall be prepared by a Maine licensed professional engineer and conform with Maine Department of Transportation Rules and Regulations Pertaining to Traffic Movement Permits.

See Retail Use for supplemental information and procedural requirements.

Reuse of existing agricultural buildings

Districts Where Allowed Districts where the use may be allowed as a Conditional Use: RD Districts where use may be permitted with a Site Plan: IB, RMU, RR

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Reuse of existing residential structures

Road and driveway construction

Schools and colleges, private

Districts Where Allowed Districts where use is Permitted by Right: IR, U Districts where use may be permitted with a Site Plan: RD

Vehicle Parking:
For schools containing places of public assembly, parking shall be required per places of public assembly above or the following, whichever is greater.
For schools without a place for public assembly: One (1) parking space per each two (2) students at capacity, plus one (1) parking space for each employee.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Schools and colleges, public

Districts Where Allowed Districts where use is Permitted by Right: IR, U Districts where use may be permitted with a Site Plan: RD

Vehicle Parking:
For schools containing places of public assembly, parking shall be required per places of public assembly above or the following, whichever is greater.
For schools without a place for public assembly: One (1) parking space per each two (2) students at capacity, plus one (1) parking space for each employee.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Schools, commercial

A business which provides instruction or training in vocational, recreational, or athletic areas, including but not limited to business or computer institutes, martial arts studios, schools for dance, music, riding, gymnastics, photography, driving, craft schools and trade schools.

Districts Where Allowed Districts where use is Permitted by Right: IR, U

Vehicle Parking:
For schools containing places of public assembly, parking shall be required per places of public assembly above or the following, whichever is greater.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

In addition to the requirements of § 280-13-5: Standards for conditional use approval, and any other applicable section of the City's ordinances, the following guidelines shall be used in the review of applications for commercial schools:

(1) All activities shall be conducted within a fully enclosed building.
(2) Adequate off-street parking shall be provided, the number of spaces to be based on the maximum capacity as determined by the Fire Chief divided by three (3).
(3) Signs shall be of residential character on simple posts and shall be consistent with the requirements of § 280-14-13. If a sign is illuminated, it shall be of low wattage, not create a public hazard or nuisance, and be compatible with the character of the property and the surrounding neighborhood.
(4) Exterior lighting shall be of residential style.
(5) The activity may be a stand-alone business or as an accessory use to a residence as long as the business is owned by the resident of the residence.
(6) Review and approval by the Planning Board is required, the classification of the site plan to be determined by the Planning Director based on the size of the structure and requirements of the ordinance.

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Services, business

(NAICS # 561439)
An activity that supplies a direct service to businesses, including by way of example, advertising, credit reporting and collection, mailing and reproduction, care of buildings, personnel supply, computer and data processing, market research, and management and public relations.

Districts Where Allowed Districts where use is Permitted by Right: IR, U Districts where the use may be allowed as a Conditional Use: RD

Vehicle Parking:
Three (3) parking spaces per use or four (4) parking spaces per one-thousand (1,000) square feet [or one (1) parking space per two-hundred-fifty (250) square feet or portion thereof], whichever is greater.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Services, business, on the ground floor of mixed use development

An activity that supplies a direct service to businesses, including by way of example, advertising, credit reporting and collection, mailing and reproduction, care of buildings, personnel supply, computer and data processing, market research, and management and public relations.

Districts Where Allowed Districts where use is Permitted by Right: IR

Vehicle Parking:
Three (3) parking spaces per use or four (4) parking spaces per one-thousand (1,000) square feet [or one (1) parking space per two-hundred-fifty (250) square feet or portion thereof], whichever is greater.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right up to 5,000 square feet.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Services, personal

Establishments primarily engaged in providing services involving the nonmedical care of a person or of his or her apparel, as exemplified by beauty shops, barbershops, shoe repair, photographic studios, coin-operated laundries, fitness studios, and similar establishments.

Districts Where Allowed Districts where use is Permitted by Right: IR, U Districts where the use may be allowed as a Conditional Use: RD

Vehicle Parking:
Three (3) parking spaces per use or four (4) parking spaces per one-thousand (1,000) square feet [or one (1) parking space per two-hundred-fifty (250) square feet or portion thereof], whichever is greater.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Signs

Any object, device, plaque, display, structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Sign does not include the flag or emblem of any organization or nation, state, city, or religious, fraternal, or civic organization; also merchandise and pictures or models of products or services incorporated in a window display, works of art which in no way identify a product, or scoreboards located on athletic fields. A sign may be temporary or permanently installed.

Single-family detached dwellings

A building used for residential occupancy by not more than one (1) family. The term shall include manufactured housing as defined in this section. Where an accessory apartment is allowed, it shall not be deemed to turn a single-family detached dwelling into a two-family dwelling.

Districts Where Allowed Districts where use is Permitted by Right: RD, RMU, RR, U

Vehicle Parking:
Two (2) parking spaces per dwelling unit.
Any new off-street parking shall be located to the side or rear of the principal building.
No new off-street parking for a nonresidential use shall be located in the area between the front property line and the wall of the building or structure closest to the street and running the full width of the property.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

Standards.

(1) All land and non-residential structures, except for single-family and two (2) family dwellings, and their accessory structures, shall be erected, structurally altered, enlarged, moved and used in accordance with the provisions of Article XVI: Site Plan Review.

Urban Zone:
For the construction of new single-family or two-family units the Code Enforcement Officer shall review and approve the application subject to any and all applicable state or local construction and/or fire codes, and the following:

(a) Off-street parking. Any new off-street parking shall be located to the side or rear of the principal building. No new off-street parking for a nonresidential use shall be located in the area between the front property line and the wall of the building or structure closest to the street and running the full width of the property.
(b) Lighting. Illumination from exterior lighting shall be shielded, directed downward, and contained on the property, except as otherwise provided for in § 280-15-11B and § 280-15-11H(8)(b), Design District standards.
(c) Building design.

[1] The architectural design of any new buildings shall be compatible with the architectural style of neighboring buildings fronting on the same street. In determining the compatibility of any new building with the Design District Standards, the Code Enforcement Officer, Planning Director, Planning Board or Site Plan Review Committee shall consider the recommendations of the Design Review Committee on the scale and massing of the structure, the setback and orientation of the building to the street, the relative proportion of the height and width of the building as seen from the street, the overall height of the building, the roof style and pitch, the location and sizes of windows, and the exterior surface materials.
[2] Use of the front yard. In addition to the provision in § 280-11-6F(5)(a) dealing with the location of nonresidential off-street parking, parking of motor vehicles for all other uses in the area between the front property line and the wall of the building or structure closest to the street and running the full width of the property shall only be allowed on driveways with a maximum width of twenty (20) feet. No other parking of vehicles shall be permitted in this area.
[3] Reduced side and rear setbacks for accessory structures. The required side and rear setback of ten (10) feet for accessory buildings and structures may be reduced to not less than two (2) feet subject to the following:

[a] The relationship of the structure to the side and/or rear lot line shall conform to the uniform setback relationship on abutting lots;
[b] The accessory structure shall be located at least ten (10) feet from any other structure on the same or an abutting lot;
[c] The owners of the abutting lots adjacent to the encroachment approves of the reduced setback in writing; and
[d] The Fire Department approves of the reduced setback in writing.

Solar energy systems, commercial (CSS)

Intended for a multifamily dwelling, multifamily dwelling above the ground floor of a mixed use development, mobile home park, convalescent, rest, or nursing home, residential care or congregate care facility, institutional use, recreational use, commercial or industrial use, or rural use, a CSS may be up to twenty thousand (20,000) square feet in surface area with a rated nameplate capacity of up to two-hundred-fifty (250) kilowatts (kW) The Planning Board may waive the size limits for surface area and nameplate capacity if the applicant demonstrates to the Board's satisfaction that the additional surface area and/or nameplate capacity is needed to meet the energy requirements for intended onsite use.

Districts Where Allowed Districts where use is Permitted by Right: AD, IB, IR, RD, RMU, RR, U

Development Requirements:

Purpose. The purpose of these provisions is to regulate a solar energy system, allow the City to be informed of the placement of a solar energy system, preserve and protect public health and safety, allow for orderly development of land, and protect property values.

Standards.

A commercial solar system (CSS) and utility solar system (USS) shall:

(a) Comply with the requirements of Article XVI: Site Plan Review.
(b) Comply with the setback and height requirements of the zoning district in which the system is to be installed; however, the Planning Board may require additional setbacks and buffers from existing abutting residential uses to minimize impacts from the project.
(c) Comply with the provisions of all applicable requirements of the City's building, electrical, fire, and other health safety and technical codes, including but not limited to Chapter 90: Building and Building Regulation and Chapter 128: Fire Prevention.
(d) Comply with the industrial performance standards specified in § 280-15-3.

Urban Zone:
Roof-mounted use is permitted in this district.

See § 280-15-12B(2) for more detailed information on commercial and utility solar systems.
See Commercial Solar System (CSS) for supplemental information and procedural requirements.

Solar energy systems, ground-mounted

SOLAR ENERGY SYSTEM
A solar collection system used to capture, convert, and supply electrical energy or thermal power, and consisting of one (1) or more freestanding, ground, roof, or wall mounted, solar arrays or modules, or solar related equipment, intended to reduce consumption of utility and/or fuel-generated power.

Districts Where Allowed Districts where the use may be allowed as a Conditional Use: IR, RR, U

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

A proposed ground-mounted commercial solar system or utility solar system in the Rural Residential Zone (RR) shall minimize impacts on prime or unique farmland soils, farmland soils of statewide significance, and active farmland.

Standards.

[1] Secure all ground-mounted electrical and control equipment to prevent unauthorized access. The system shall be enclosed within a minimum seven (7) foot tall fence with locking gate and Knox-Box^® to provide emergency access. The type of fence shall be appropriate for security, screening, and/or other purposes and shall be similar to and/or compatible with the style of fences used within one-thousand (1,000) feet of the property boundary.
[2] A ground-mounted system in the Rural Residential Zone (RR) shall comply with the standards specified in § 280-15-12B(2)(l).
[3] A ground-mounted system in the Residential Development Overlay Zone shall comply with the standards specified in § 280-15-12B(2)(m).

See § 280-15-12B(2) for more detailed information on commercial and utility solar systems.
See Ground-Mounted Commercial Solar Systems for supplemental information and procedural requirements.

Solar energy systems, utility (USS)

Intended for off-site utility grid use, a USS is larger than twenty-thousand (20,000) square feet in surface area with no limit on the rated nameplate capacity.

Districts Where Allowed Districts where use is Permitted by Right: AD, IB, IR, RMU, U Districts where the use may be allowed as a Conditional Use: RR

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

A proposed Utility Solar System in the Residential Development Overlay Zone shall:

(a) Provide an analysis that demonstrates it is not economically feasible to extend a compact pattern of residential development because of the physical and natural features of the property. The analysis shall review topography and natural features including, but not limited to streams, rivers, ponds, wetlands, flood plains, rock outcrops, steep slopes, soil conditions, and critical habitats on the site within the context of meeting state and local regulations for development, but exclude the cost of extending required public sewer and water services to the property.
(b) Minimize impacts on existing abutting residential development and/or residential zones.

Standards.
A USS in the Rural Residential Zone (RR) shall require conditional use approval by the Planning Board in accordance with Article XIII: Conditional Uses and Article XVI: Site Plan Review and the following standards:

[1] Shall not be sited on active farmland.
[2] Shall minimize impacts on active farmland including, but not limited to, fencing, use of waterways, obstructions created by placement of structures and/or overhead collection lines, division of larger fields into smaller or irregularly shaped fields, need for extensive areas of cut and fill, among other factors that create a burden or unreasonable impact on active farming activities.
[3] Shall encourage siting on unproductive land and previously disturbed land to the greatest extent possible. All topsoil disturbed during construction shall be stockpiled and returned to the site.
[4] Shall locate access roads and overhead collection lines along the edge of agricultural fields in areas next to field boundaries and hedgerows and in nonagricultural portions of the site. The width of access roads shall be no larger than that required to meet the fire code. Access roads that are proposed to be constructed through agricultural fields shall be level with the adjacent field surfaces, where possible.
[5] Shall demonstrate how the site shall be restored to its original state, including surface grade, soil, and vegetation, as part of removal of infrastructure and decommissioning.

Urban Zone:
Roof-mounted use is permitted in this district.

See § 280-15-12B(2) for detailed information on commercial and utility solar systems.
See § 280-15-12B(2)(m) for more detailed information on utility solar systems.
See Utility Solar System (USS) for supplemental information and procedural requirements.

Solar systems, residential (RSS)

Intended for residential uses, an RSS may be up to two-thousand (2,000) square feet in surface area with a rated nameplate capacity of up to twenty (20) kilowatts (kW).

Districts Where Allowed Districts where use is Permitted by Right: IB, IR, RD, RMU, RR, U

Development Requirements:

A. Purpose. The purpose of these provisions is to regulate a solar energy system, allow the City to be informed of the placement of a solar energy system, preserve and protect public health and safety, allow for orderly development of land, and protect property values.

B. Standards.

(1) A residential solar system (RSS) shall:

(a) Comply with the setback and height requirements of the zoning district in which the system is to be installed.
(b) Comply with the provisions of all applicable requirements of the City's building, electrical, fire, and other health safety and technical codes, including but not limited to Chapter 90: Building and Building Regulation and Chapter 128: Fire Prevention.
(c) Be installed so as not to cause any wire or wireless communication signal disturbance.
(d) Be sited to prevent glare onto abutting properties, structures, and roadways.
(e) Be removed if it has not produced power for a period of twelve (12) consecutive months.

See Residential Solar System (RSS) for supplemental information and procedural requirements.

Storage of cars, unenclosed

Studios of artisans

A building or portion of a building used as a place of work by an artist, photographer, or person similarly skilled in the production of a particular product. Unless otherwise indicated, a studio may include the retail sale of items produced on the premises.

Districts Where Allowed Districts where use is Permitted by Right: IR, U Districts where use may be permitted with a Site Plan: RMU, RR

Vehicle Parking:
Three (3) parking spaces per one-thousand [1,000) square feet (or one (1) parking space per three-hundred-thirty-three (333) square feet or portion thereof], whichever is greater.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Subdivisions

For purposes of this chapter, this term is defined in 30-A M.R.S.A. § 4401

Temporary activities of a community or nonprofit nature

Districts Where Allowed Districts where use may be permitted with a Site Plan: AD, IB, IR, RD, RMU, RR, U

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

Notwithstanding the provisions of this chapter, temporary uses of a community or nonprofit nature, such as festivals, fairs, carnivals, and similar events, may be permitted in any zone by vote of the City Council, as long as such temporary use is not contrary to the objectives of this chapter. A vote by the City Council allowing such temporary use shall not be deemed a change in the zoning and shall apply to the specific event or activity only for its stated duration.

Testing facilities

(NAICS # 3345)
A business, whether within another business, or freestanding, whose primary purpose is the chemical, biological, electronic, or mechanical analysis or testing of products for conformance to industrial specifications or to public regulations. Such businesses include, but are not limited to assaying automobile and emissions testing, calibration and certification, food testing, medical testing, and marijuana testing that operates in conformance with Maine Medical Use of Marijuana Act, Marijuana Legalization Act, and state administrative rules, as appropriate. A testing facility within a building primarily devoted to manufacturing shall be considered accessory to the manufacturing.

Districts Where Allowed Districts where the use may be allowed as a Conditional Use: U Districts where use may be permitted with a Site Plan: IB, IR

Vehicle Parking:
One (1) parking space per employee. See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

Urban Zone:
This use is conditional when the proposed use meets the standards below:

Change in use within an existing developed site shall be permitted if it:

• expands the existing structure no more than a five-hundred square foot,
• expands impervious cover no more than five-hundred (500) square feet,
• expands parking by no more than five (5) spaces,
• does not appreciably increase traffic to and from the site,
• screens service vehicles from view from a public right-of-way or adjacent properties, and
• provides new or expanded planting of street trees along street frontages.

Timber harvesting

The cutting and removal of trees from their growing site and the attendant operation of mobile or portable chipping mills and of cutting and skidding machinery, including the creation and use of skid trails, skid roads, and haul roads.

Tradesman shops

An establishment occupied by a craftsperson or a person in a skilled trade, including, by way of example only, plumbing, carpentry, or electrical work. The term also shall include establishments engaged in the repair of electrical goods and appliances, watches, jewelry, equipment, furniture, or other goods, exclusive of motor vehicles, where such services are the primary use and not accessory to another use, such as retail sales. The shop may include work space, storage space, and office space but may not exceed two-thousand (2,000) square feet of total floor area.

Districts Where Allowed Districts where use is Permitted by Right: IR, U Districts where use may be permitted with a Site Plan: RD, RMU, RR

Vehicle Parking:
Three (3) parking spaces per use or three (3) parking spaces per one-thousand (1,000) square feet, whichever is greater.
See § 280-14-12: Off-street parking for more information on parking.

Development Requirements:

IR Zone:
This use is permitted by right.
The Directors of the Planning & Development or Code Enforcement may ask the Planning Board to review the request if she/he finds that the scale, complexity, or other elements of the proposal warrants review by the Board.

Tradesman shops, on the ground floor of mixed use development

An establishment occupied by a craftsperson or a person in a skilled trade, including, by way of example only, plumbing, carpentry, or electrical work. The term also shall include establishments engaged in the repair of electrical goods and appliances, watches, jewelry, equipment, furniture, or other goods, exclusive of motor vehicles, where such services are the primary use and not accessory to another use, such as retail sales. The shop may include work space, storage space, and office space but may not exceed two-thousand (2,000) square feet of total floor area.

Transmitter towers

A facility for the location of telecommunications antennas and/or Internet equipment. This includes radio, radar, television, cellular telephone, or radio-telephone transmitting, repeating or broadcasting towers and necessary accessory structures but not studios or offices for such activities.

Districts Where Allowed Districts where the use may be allowed as a Conditional Use: IB, RR

Vehicle Parking:
Parking requirements for uses not specifically listed in the parking spaces table shall be as determined by the Planning Board based upon the ITE Parking Generation Manual.
See § 280-14-12: Off-street parking for detailed information on parking.

Development Requirements:

Providing the structure is within a designated transmitter tower overlay zone.

The location and installation of new transmitter towers and alternative communication towers, including the replacement of existing towers, shall conform to the following standards: