Section 15~~Land Use Ordinance
Amendments
15.03.01.03 Performance Standards
All land use activities permitted in accordance with the table above, regardless of whether they require a permit or approval from the Planning Board, Code Enforcement Officer or Licensed plumbing inspector, shall comply with all applicable standards set forth in this section and in sections 15.05.09, 15.05.10, 15.05.11 and 15.08, except that essential services may be exempt from the lot size, road frontage, lot width, & height requirements when in the opinion of the Planning Board there is no reasonable alternative.
Public Hearing -Planning Board 8/9/95
Adopted -Veazie Town Council 8/21/95
15.04.05.01
Notwithstanding .... in common ownership, and
Notwithstanding any other provision of this ordinance, on any lot in the R-2 zone, the legal description or dimensions of which are recorded on a document or map on file at the Penobscot county Registry of Deeds, which, on January 1, 1958 (approximate date of first zoning in Veazie) encompassed less than 4000 square feet of area, and which does not adjoin another vacant parcel in common ownership, a single family residence and customary accessory structures may, without the need for a variance, be built or expanded up to 50% lot coverage, but only subject to the following:
Adopted May 13, 1996
15.03.02.07 Industrial (I-1)
Minimum lot size: 43,560 square feet
Minimum road frontage and lot width: 50
Minimum front setback: 25
Minimum side setback: 15, provided that the side setback shall be increased by one (1) foot for every two (2) feet of building or structure height above fifteen (15) feet
Minimum rear: 25, provided that the rear setback shall be increased by one (1) foot for every two (2) feet of building or structure height above fifteen (15) feet
Maximum lot coverage: 60%
Maximum height: 35 feet except that with separate Veazie Town Council approval structures may be 100 feet and smoke stacks may meet minimum DEP requirements
15.05.09.25.04
Sounds associated with the following shall be exempt from regulation:
15.05.09.25.04.01
Sounds from a regulated development at the property line of the receiving property when the generator of the sound has been conveyed a noise easement for that location.
Public Hearing -Planning Board 3/9/98
Adopted -Veazie Town Council 3/30/98
15.03.02.07 Industrial (I-1)
Minimum lot size: 43,560 square feet
Minimum road frontage and lot width: 50
Minimum front setback: 25
Minimum side setback: 15, provided that the side setback shall be increased by one (1) foot for every two (2) feet of building or structure height above fifteen (15) feet
Minimum rear: 25, provided that the rear setback shall be increased by one (1) foot for every two (2) feet of building or structure height above fifteen (15) feet
Maximum lot coverage: 60%
Maximum height: 35 except that with separate Veazie Town Council approval structures may be 100 120 feet and stacks may meet but not exceed the stack height requirement set by the Maine DEP pertaining to dispersion of pollution emissions.
The above front setback, side setback, and minimum rear requirements shall not apply
with respect to contiguous lots within the Industrial Zone, when the owner(s) of the abutting lot(s) within the Industrial Zone execute a written agreement and consent to the reduction of the setbacks; provided that even with such agreement and consent in no event shall the distance between any buildings located in the Industrial Zone be less than 25 feet from any building located on a contiguous lot. The owners shall record their agreement within 90 days of its execution in the Penobscot Registry of Deeds, and submit a copy of the recorded agreement to the Planning Board.
15.05.09.07.03.01
All streets and sidewalks shall be designed and constructed to meet the following standards for streets according to their classification as determined by the Planning Board, with all construction to be overseen by the Road Commissioner or his/her designee:
STREET CONSTRUCTION STANDARDS |
|
Arterial |
Collector |
Minor |
Private ROW |
Industrial/ Commercial |
Minimum Right-of-way Width |
80' |
50' |
50' |
50' |
60' |
Minimum Pavement Width/Travelled Way Width |
44' |
24' |
20' |
18' |
30' |
Sidewalk Width |
8' |
5' |
5' |
N/A |
8' |
Minimum Grade |
.5% |
.5% |
.5% |
N/A |
.5% |
Maximum Grade w/in 75' of Intersection |
2% |
2% |
2% |
N/A |
2% |
Maximum Grade**** |
5% |
6% |
8% |
10% |
5% |
Minimum Centerline Radius***** |
500' |
230' |
150' |
N/A |
400' |
Minimum Tangent Between Curves of Reverse Alignment***** |
200' |
100' |
50' |
N/A |
200' |
Roadway Crown |
1/4"/ft |
1/4"/ft |
1/4"/ft |
N/A |
1/4"/ft |
Minimum Angle of Street Intersections ** |
90 |
90 |
75 |
75 |
N/A |
Minimum Curb Radii at Intersections *** |
30' |
20' |
15' |
N/A |
30'*** |
Minimum R/O/W Radii at Intersections |
20' |
10' |
10' |
10' |
20' |
Minimum Width of Paved Shoulders (each side) |
5'
|
4' |
4' |
4' |
9' |
Crushed Aggregate Sub-Base Course (Stone Max 4")* |
18" |
18" |
18" |
12" |
18" |
Crushed Aggregate Base Course |
4" |
4" |
4" |
4" |
4" |
Hot Bituminous Pavement (Total Thickness)* |
3 ½" |
3" |
3" |
3" |
3 ½" |
Surface Course* |
1 ½" |
1" |
1" |
1" |
1 ½" |
Base Course* |
2" |
2" |
2" |
2" |
2" |
* Minimum thickness of material after compaction.
** Street intersection angles shall be as close to 90 as feasible, but no less than the listed angle.
*** Should be based on turning radii of expected commercial vehicles, but no less than 30'.
**** Maximum grade may be exceeded for a length of 100 feet or less.
***** The distance set for Industrial/Commercial can be reduced if required to meet State and Federal permitting requirements to avoid or reduce impact on rare, threatened, or endangered species and/or to wetlands but in no case may the distance be less than 100 feet.
Public Hearing -Planning Board
Adopted -Veazie Town Council 7/13/98
15.03.02.01 Low Density Residential (R-1)
Minimum lot size: 15,000 square feet
Minimum road frontage: 90
Minimum lot width: 90
Minimum front setback: 20 except that accessory structures may be 10 10 except that frontages on State Street, Chase Road, and School Street from State Street to Eagleview Drive shall be 20
Minimum side setback: 10
Minimum rear setback: 20 except that accessory structures may be 10
Maximum lot coverage: 30%
Maximum height: 35
Open space ratio for subdivision: 30% of parcel being subdivided
Maximum gross density in subdivision: 1 dwelling unit per acre of buildable area
Maximum net density in cluster subdivisions: 3 dwelling units per acre of net buildable area (not to exceed maximum gross density)
15.03.02.02 Urban Residential (R-2)
Minimum lot size: for residences, 15,000 square feet for one dwelling unit plus 4,000 square feet per dwelling unit for each additional dwelling unit up to four plus 5,250 square feet per dwelling unit over four; for other uses, 12,000 square feet
Minimum road frontage: 90
Minimum lot width: 90
Minimum front setback: 20 except that accessory structures may be 10 10 except that frontages on State Street, Chase Road, and School Street from State Street to Eagleview Drive shall be 20
Minimum side setback: 10
Minimum rear setback: 20 except that accessory structures may be 10
Maximum lot coverage: 30%
Maximum height: 35
Open space ratio for subdivision: 30% of parcel being subdivided
Maximum gross density in subdivision: 1 dwelling unit per acre of buildable area
Maximum net density in cluster subdivisions: 3 dwelling units per acre of net buildable area (not to exceed maximum gross density)
15.03.02.03 Suburban Residential (R-3)
Minimum lot size: 15,000 square feet
Minimum road frontage and lot width: 90 plus 10 for each dwelling unit over one
Minimum front setback: 20 except that accessory structures may be 10 10 except that frontages on State Street, Chase Road, and School Street from State Street to Eagleview Drive shall be 20
Minimum side setback: 10
Minimum rear setback: 20 except that accessory structures may be 10
Maximum lot coverage: 30%
Maximum height: 35
Open space ratio for subdivision: 30% of parcel being subdivided
Maximum gross density in subdivision: 1 dwelling unit per acre of buildable area
Maximum density in cluster subdivisions: 3 dwelling units per acre
Maximum density for multifamily dwellings: 8 dwelling units per acre
15.03.02.04 Residential and Farming (R-4)
Minimum lot size: 40,000 square feet (must meet applicable septic codes)
Minimum road frontage: 90
Minimum lot width: 90
Minimum front setback: 30 10 except that frontages on State Street, Chase Road, and School Street from State Street to Eagleview Drive shall be 20
Minimum side setback: 15
Minimum rear setback: 30
Maximum lot coverage: 25%
Maximum height: 35
Open space ratio for subdivision: 40% of parcel being subdivided
Maximum gross density in subdivision: 1 dwelling unit per acre of buildable area
Maximum net density in cluster subdivisions: 3 dwelling units per acre of net buildable area (not to exceed maximum gross density)
Maximum net density for cluster subdivisions and multifamily dwellings: 4 dwelling units per acre of net buildable area (not to exceed maximum gross density)
Adopted - Veazie Town Council 3/22/99
15.05.08.03 Owners and Applicants
The name(s) and address(es) of the owner(s), the site plan applicant(s) or developer(s) and any duly authorized representative(s) thereof, including:
* for any corporation, the name, mailing address and physical address of each officer, clerk and registered agent;
* for any partnership or limited partnership, the name, mailing address and physical address of each partner and registered agent;
* for any limited liability company, the name, mailing address and physical address of each manager and registered agent;
* for any sole proprietorship or joint venture, the name, mailing address and physical address of each owner or principal;
* in addition to the foregoing, for any business that intends to provide or exhibit nude entertainment, the name, date of birth, mailing address and physical address of each person with a five percent (5%) or more financial interest in the business and of each person who will have any management position with respect to the business and whether any such person has, within the ten (10) years immediately prior to the date of the application, been convicted of prostitution, promoting prostitution, or a class A, B or C felony as such offenses are defined under Maine law, or equivalent offenses in any other jurisdiction(s).
* * *
15.05.08.10 Structures, Easements, Driveways, Zone and Lot Lines
The locations of all existing and proposed buildings, structures, known easements, driveways, entrances and exits of the lot of the proposed site and within two hundred feet (200') of said site and, for any business that intends to provide or exhibit nude entertainment:
* the location of the line of any R-1, R-2, R-3 or R-4 zone within seven hundred feet (700') of the proposed site;
* the location of the line of any lot within seven hundred feet (700') of the proposed site on which is located a public or private school, a school dormitory, a public playground or park, a church, chapel, parish house or other place of worship, a public library, a juvenile shelter or orphanage.
* * *
15.05.08.44.01 Description
A written description of the proposed operation in sufficient detail to indicate the degree to which the operation will create traffic congestion, noise, toxic or noxious matter, vibrations, odor, heat, glare, air pollution, gasses and fumes, waste, dirt, fly ash, dust smoke or other objectionable or offensive effects, together with engineering, architectural and landscaping plans for mitigating or eliminating such effects and whether nude entertainment will be provided or exhibited;
15.05.08.44.02 Operation
The hours of operation, the proposed shifts to be worked and, the maximum number of employees on each shift and, for any business that intends to provide or exhibit nude entertainment, the specific days of the week and hours during which such entertainment shall be provided or exhibited;
* * *
15.05.08.44.04 Seating Capacity
The maximum seating capacity of any business that will routinely provide seating for customers or patrons;
15.05.08.44.05 Location of Nude Entertainment
For any business that intends to provide or exhibit nude entertainment, the specific area or location within the building where such entertainment shall be provided or exhibited.
* * *
15.05.09.03 [RESERVED] Compliance with Other Codes
All buildings and structures shall comply with all applicable provisions of the Town of Veazie Building Code and Existing Structures Code and the NFPA Life Safety Code.
* * *
15.05.11.17 Commercial Displays of Nudity
All site plans for businesses that will provide or exhibit nude entertainment shall demonstrate that the proposed development will comply with the following:
15.05.11.17.01 Location
Any business that will provide or exhibit nude entertainment shall be located in that area of the I-1 Zone located in the areas between Interstate 95 and Stillwater Avenue and such a business shall not be permitted in any other area of the Town.
15.05.11.17.02 Convictions
No permit of any kind shall be issued for a business that will provide or exhibit nude entertainment if any person with a five percent (5%) or more financial interest in the business or any person who will have any management position with respect to the business has, within the ten (10) years immediately prior to the date of the application, been convicted of prostitution, promoting prostitution, or a class A, B or C felony as such offenses are defined under Maine law, or equivalent offenses in any other jurisdiction(s). The conviction of any such person of such offense(s) at any time subsequent to the issuance of a permit shall result in the revocation of the permit.
15.05.11.17.03 Dwelling Units Prohibited
No portion of any building or structure on any lot on which is located a business that provides or exhibits nude entertainment shall be used as a dwelling unit.
15.05.11.17.04 Restaurant Requirements
All requirements set forth in this ordinance applicable to restaurants and eating and drinking establishments shall apply to any business that will provide or exhibit nude entertainment, irrespective of whether such business will sell or otherwise provide food or beverages.
15.05.11.17.05 Entertainment Within Building
Any display or exhibition of nude entertainment shall be contained entirely within a building, not on any deck, porch or patio associated therewith, and shall be concealed in such a manner that no portion of any person providing such entertainment can be observed from any adjoining lot or public property.
15.05.11.17.06 Setbacks
No portion of any building in which nude entertainment is provided or exhibited shall be located four hundred feet (400') or less from:
* the line of any R-1, R-2, R-3 or R-4 zone;
* the line of any lot on which is located a public or private school, a school dormitory, a public playground or park, a church, chapel, parish house or other place of worship, a public library, a juvenile shelter or orphanage.
15.05.11.17.07 Changing Rooms and Restrooms
15.05.11.17.07.01
Any building in which nude entertainment is provided or exhibited shall have changing rooms and restrooms for the persons providing such entertainment that are separate the toilet facilities available for or accessible to customers, patrons or the general public.
15.05.11.17.07.02
No business providing or exhibiting nude entertainment shall allow customers, patrons or members of the general public into changing rooms or restrooms used by or set aside for persons providing such entertainment.
15.05.11.17.07.03
No person providing nude entertainment shall change or be in any state of undress in any restroom available or accessible to customers, patrons or members of the public, except to the limited extent necessary in conjunction with the customary use of a toilet or urinal.
15.05.11.17.08 Hours of Operation
No business shall provide or exhibit nude entertainment beyond the hours set forth in the business’ permit application or after the hour of 1:00 a.m. and all businesses providing or exhibiting nude entertainment shall be closed and cleared of customers, patrons and members of the public from 1:30 a.m. to 6:00 a.m. Mondays through Saturdays to 1:00 p.m. Sundays.
15.05.11.17.09 Conduct
15.05.11.17.09.01 Employment
No person under the age of eighteen (18) years shall be employed in any capacity in any business that provides or exhibits nude entertainment. For purposes of this section the term employee shall include hourly and salaried employees and all persons working or performing on the premises for tips or commissions or as independent contractors or contract dancers or performers. The operator of each such business shall be responsible for verifying the age of each employee through photographic identification. Each employer shall maintain records showing the name and date of birth of each employee, including a copy of the photographic identification used to verify age. Prior to an employee’s beginning employment, the operator shall bring the records to the Veazie Police Department to verify the age of the prospective
employee. Such records shall be maintained by the operator until six (6) months after the employee ceases employment and are subject to review by the Veazie Police on the business premises during normal business hours. In the event the Veazie Police reasonably suspect from a review of such records that an employee is under the age of eighteen (18) years, they may copy such records for investigatory purposes. Any record so obtained, and any subsequent information developed therefrom, is declared to be “intelligence and investigative information” under 16 M.R.S.A. § 611(8) which, if publicly disclosed, would endanger the life or safety of the individuals named therein. Notwithstanding this declaration, record information may be disclosed to the person named therein.
15.05.11.17.09.02 Patrons
15.05.11.17.09.02.01
No person under the age of eighteen (18) years shall be admitted as a customer or patron to any commercial establishment providing or exhibiting nude entertainment. The operator of each such establishment shall be responsible for verifying the age or each person entering the premises through photographic identification. Nothing herein shall be construed as to lessen any applicable State age requirement for the admission of any person to a business establishment at which alcohol is served.
15.05.11.17.09.02.02
There shall be no physical contact anywhere on the premises between patrons and any person performing or providing nude entertainment. For purposes of this section, physical contact does not include incidental contact between a patron and an entertainer of a business or social nature such as a handshake or that brief contact that may occur while a patron is giving a tip to an entertainer. In no case shall incidental contact be deemed to include such conduct as is barred by State statutes regarding unlawful sexual contact, regardless of the intent of either party, any contact between a patron and the genitalia or breasts of an entertainer or any contact between an entertainer and the genitalia or breasts or a patron.
15.05.11.17.09.02.03
Under no circumstances shall any patron, customer or member of the public be in any state of undress or expose his or her genitalia anywhere on the premises, except to the limited extent necessary in conjunction with the customary use of a toilet or urinal.
15.05.11.17.09.03 Limitations on Entertainment
15.05.11.17.09.03.01
No person providing or performing nude entertainment shall engage in sadomashchistic acts or in specified sexual activities as defined by this ordinance.
15.05.11.17.09.03.02
The showing, display or exhibition of specified anatomical areas, as defined by this ordinance, is prohibited.
15.12.01.12 Definitions
Nude Entertainment: The showing, display or exhibition in a public or private establishment of uncovered or exposed female breasts. Nude entertainment does not include specified sexual activities or the showing, display or exhibition of specified anatomical areas.
Operate: To own, run or manage any establishment or place of business.
Operator: The owner or manager of any establishment or place of business.
Sadomasochistic Acts: The acts, including what may be referred to as bondage and discipline, of flagellation, torture or punishment by or upon a person clad in undergarments, a mask or bizarre costume; or the condition of being fettered, bound or otherwise physically restrained while so clothed or by a person so clothed.
Specified Anatomical Areas: (1) The display or exhibition of the male or female pubic area, perineum or anus with less than a fully opaque covering is prohibited; (2) The display or exhibition of male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities: (1) Human genitals in a state of sexual stimulation or arousal; (2) Actual or simulated acts of human masturbation, sexual intercourse, sodomy, or any sexual act or sexual contact as defined by Main law, as amended; (3) Fondling or other touching of human genitals, pubic area, buttock or female breast.
15.05.11.18 Residential Use of Commercial Properties
“Residential occupancy use of portions of commercial properties may be allowed with Planning Board approval if the portion of the existing building to be used residentially has previously been used as a residential property and provided the use is considered secondary to the commercial use or uses allowed in the zone. The residential use will not be expanded in foot print to an area greater than previously occupied by the residential use except as may be required to meet current life safety and/or other related building code issues. Furthermore, any tenant must be notified in writing or so notified in their lease that the property is in a commercial zone and the tenant should expect allowed commercial activities to occur.”
Adopted: Veazie Town Council October 4, 2004
SECTION 15.01 GENERAL
15.01.01 Title
15.01.02 Authority
15.01.03 Purpose
15.01.04 Applicability
15.01.05 Severability
15.01.06 Conflicting Ordinances or Laws
15.01.07 Omitted Uses Prohibited
15.01.08 Effective Date
15.01.09 Planning Board
15.01.09.01 Organization
15.01.09.02 Authority
15.01.10 Amendment
15.01.11 Availability
SECTION 15.02 ESTABLISHMENT OF ZONES
15.02.01 Classes of Zones
15.02.02 Purposes of Zones
15.02.02.01 General Zones
15.02.02.01.01 Low Density Residential
15.02.02.01.02 Urban Residential
15.02.02.01.03 Suburban Residential
15.02.02.01.04 Residential and Farming
15.02.02.01.05 Commercial
15.02.02.01.06 Business-Commercial
15.02.02.01.07 Industrial
15.02.02.01.08 Resource Protection
15.02.02.02 Overlay Zones
15.02.02.02.01 Open Space Conservation Overlay
15.02.02.02.03 Shoreland Limited Residential Overlay
15.02.02.02.04 Shoreland Limited Commercial Overlay
15.02.02.02.05 Shoreland Limited Industrial Overlay
15.02.02.02.06 Stream Protection Overlay
15.02.03 Locations of Zones
15.02.04 Interpretation of Zone Boundaries
15.02.05 Division of Lots by District Boundaries
SECTION 15.03 LAND USE ACTIVITIES AND STANDARDS
15.03.01 Permitted Uses
15.03.01.01 Generally
15.03.01.02 Accessory Uses and Structures
15.03.01.03 Performance Standards
15.03.02 Lot Development Standards
15.03.02.01 Low Density Residential (R-1)
15.03.02.02 Urban Residential (R-2)
15.03.02.03 Suburban Residential (R-3)
15.03.02.04 Residential and Farming (R-4)
15.03.02.05 Commercial (C-1)
15.03.02.06 Business-Commercial (C-2)
15.03.02.07 Industrial (I-1)
15.03.02.08 Resource Protection (RP)
15.03.02.09 Shoreland Overlay Zones
SECTION 15.04 NONCONFORMITY
15.04.01 Defined
15.04.02 General Policies
15.04.03 Nonconforming Uses of Land or Structures
15.04.04 Nonconforming Structures
15.04.05 Nonconforming Lots
SECTION 15.05 SITE PLAN REVIEW
15.05.01 Purpose
15.05.02 Site Plan Review Required
15.05.03 Site Plan Review Not Required
15.05.04 Compliance With State Law
15.05.05 Preapplication Sketch Plan (Subdivisions Only)
15.05.05.01 Contents
15.05.05.02 Fee
15.05.05.03 Time
15.05.05.04 Form
15.05.05.05 Notice of Review of Sketch Plan
15.05.05.06 Review of Sketch Plan
15.05.05.07 Rights Not Vested
15.05.06 Review Procedure
15.05.06.01 Preapplication Meeting
15.05.06.02 Submissions Generally
15.05.06.03 Receipt and Notice
15.05.06.04 Completeness Review
15.05.06.05 Waiver of Submission Requirements
15.05.06.06 Site Inspection
15.05.06.07 Hearing Procedure
15.05.06.07.01 Published Notice
15.05.06.07.02 Mailed Notice
15.05.06.07.03 Content of Notice
15.05.06.07.04 Additional Evidence
15.05.06.07.05 Rules
15.05.06.07.06 Presence of Applicant
15.05.06.07.07 Representation
15.05.06.07.08 Burden of Proof
15.05.06.07.09 Continuation
15.05.06.07.10 Staff Support
15.05.06.08 Deliberation and Decision
15.05.06.09 Variance of Standards
15.05.06.10 Other Permits
15.05.06.11 Recording
15.05.06.12 Failure to Act
15.05.06.13 Signing and Recording of Subdivision Plan
15.05.06.14 Revision of Approved Plan
15.05.06.14.01 Revision Without Approval Prohibited
15.05.06.14.02 Procedure
15.05.06.14.03 Application
15.05.06.14.04 Scope of Review
15.05.07 Fees
15.05.07.01 General
15.05.07.02 Administrative and Notice Fees
15.05.07.03 Late Fees
15.05.07.04 Technical Assistance Fees
15.05.08 Application
15.05.08.01 Form
15.05.08.02 Fees
15.05.08.03 Owners and Applicants
15.05.08.04 Title
15.05.08.05 Neighbors
15.05.08.06 Farmland
15.05.08.07 Location Map
15.05.08.08 Dimensions, District, High Water Line, Flood Elevation
15.05.08.09 Flooding
15.05.08.10 Structures, Easements, Driveways
15.05.08.11 Streets, Sidewalks and Access
15.05.08.12 Setbacks
15.05.08.13 Soils
15.05.08.14 Topography
15.05.08.15 Stormwater, Sanitary Waste, Potable Water
15.05.08.16 Utilities
15.05.08.17 Reserved Areas
15.05.08.18 Natural Features
15.05.08.19 Historic Features
15.05.08.20 Access to Water
15.05.08.21 Parking and Loading
15.05.08.22 Landscaping
15.05.08.23 Lighting
15.05.08.24 Signs
15.05.08.25 Interior Use
15.05.08.26 Subsurface Wastewater
15.05.08.27 Hydrogeologic Assessment
15.05.08.28 Groundwater
15.05.08.29 Traffic Impact
15.05.08.30 Building Plans
15.05.08.31 Erosion and Sedimentation
15.05.08.32 Declaration
15.05.08.33 Impact on Municipal Services and Facilities
15.05.08.34 Public Water Supply
15.05.08.35 Public Sewer
15.05.08.36 Stormwater Disposal
15.05.08.37 Fire Protection
15.05.08.38 Solid and Liquid Waste
15.05.08.39 Police Protection
15.05.08.40 Educational Services
15.05.08.41 Valuation
15.05.08.42 Photographs
15.05.08.43 Mining
15.05.08.43.01 DEP Application
15.05.08.43.02 Topography
15.05.08.43.03 Operator
15.05.08.43.04 Access Roads and Temporary Structures
15.05.08.43.05 Extraction Plan
15.05.08.43.06 Reclamation Plan
15.05.08.43.07 Reclamation Guarantee
15.05.08.43.08 Washing Plans
15.05.08.43.09 Insurance
15.05.08.44 Business, Commercial, Industrial, and Mining
15.05.08.44.01 Description
15.05.08.44.02 Operation
15.05.08.44.03 Hazardous Materials
15.05.08.45 Subdivisions
15.05.08.45.01 Maps
15.05.08.45.02 Central Water Supply: DHS
15.05.08.45.03 Individual Wells: DHS
15.05.08.45.04 Central Subsurface Wastewater: DHS
15.05.08.45.05 Wastewater Licenses: DHS
15.05.08.46 Performance Guarantees
15.05.08.47 Legal Documents
15.05.08.48 Technical and Financial Capacity
15.05.08.49 Taxes and Assessments
15.05.08.50 Permits
15.05.08.51 Inspection
15.05.08.52 Additional Information
15.05.09 General Review Standards
15.05.09.01 Permitted Uses
15.05.09.02 Lot Standards
15.05.09.02.01 Setbacks
15.05.09.02.02 Height
15.05.09.02.03 Frontage
15.05.09.02.04 Multiple Principal Structures on One Lot
15.05.09.03 [RESERVED]
15.05.09.04 Parking Requirements
15.05.09.05 Parking Areas and Driveways
15.05.09.06 Loading Requirements
15.05.09.07 Streets, Sidewalks and Access
15.05.09.07.01 Capacity
15.05.09.07.02 Layout
15.05.09.07.03 Design and Construction
15.05.09.07.04 Bikeways/Pedestrian Ways
15.05.09.07.05 Names
15.05.09.08 Landscaping, Buffering and Screening
15 05.12.08.01 Buffers
15.05.09.08.02 Screening
15.05.09.09 Water Supply
15.05.09.10 Water Pollution
15.05.09.11 Stormwater Management
15.05.09.12 Sewage Disposal
15.05.09.13 Soils
15.05.09.14 [RESERVED]
15.05.09.15 Erosion
15.05.09.16 Flood Permit
15.05.09.17 Air Quality
15.05.09.18 Refuse Disposal
15.05.09.19 Dangerous Materials and Wastes
15.05.09.20 Vibration
15.05.09.21 Wildlife Habitat
15.05.09.22 [RESERVED]
15.05.09.23 Heat
15.05.09.24 Light and Glare
15.05.09.25 Noise
15.05.09.26 Electromagnetic Radiation
15.05.09.27 Outdoor Storage or Displays
15.05.09.28 Utilities
15.05.09.29 Fire Protection
15.05.09.30 Comprehensive Plan
15.05.09.31 Financial and Technical Capacity
15.05.09.32 Farmland
15.05.09.33 Other Municipal Services
15.05.09.34 Violations, Taxes, Assessments
15.05.10 Shoreland Standards
15.05.10.01 Agriculture
15.05.10.02 Timber Harvesting
15.05.10.03 [RESERVED]
15.05.10.04 Mineral Exploration and Extraction
15.05.10.05 Uses Projecting Beyond High Water Line or into the Water or a Wetland
15.05.10.06 Lot Standards
15.05.10.07 Roads and Driveways
15.05.10.08 Subsurface Wastewater
15.05.10.09 Soils
15.05.10.10 Principal and Accessory Structures
15.05.10.11 Clearing of Vegetation for Development
15.05.10.12 [RESERVED]
15.05.10.13 [RESERVED]
15.05.10.14 Parking Areas
15.05.10.15 Essential Services
15.05.10.16 Individual Private Campsites
15.05.10.17 Signs
15.05.11 Standards for Particular Uses, Structures, or Activities
15.05.11.01 Signs and Advertising
15.05.11.01.01 General Standards
15.05.11.01.01.01 Safety and Neatness
15.05.11.01.01.02 Removal of Signs for Discontinued Use
15.05.11.01.01.03 Erected on Private Property Only
15.05.11.01.02 Prohibitions
15.05.11.01.02.01 Nonconforming Signs
15.05.11.01.02.02 Nuisances or Welfare Hazards
15.05.11.01.02.03 Premises Abutting Residential Zones
15.05.11.01.02.04 Message Related to Premises Only
15.05.11.01.02.05 Moving Parts, Blinking, Banners
15.05.11.01.02.06 String of Lights
15.05.11.01.02.07 Outdoor Neon Signs
15.05.11.01.02.08 Trees, Poles, Natural Features
15.05.11.01.03 Size and Quantity
15.05.11.01.03.01 Height
15.05.11.01.03.02 Maximum Sign Area for Commercial Zones
15.05.11.01.03.03 Public Buildings
15.05.11.01.03.04 Apartments, Conforming Nonresidential Buildings in Residential Zones
15.05.11.01.03.05 For Sale, Rent, or Lease Signs
15.05.11.01.03.06 Development or Construction Signs
15.05.11.01.03.07 Entrance and Exit Directional Signs
15.05.11.01.03.08 Wall Signs
15.05.11.01.03.09 Window Signs
15.05.11.01.03.10 Awnings
15.05.11.01.03.11 Off Premise Signs
15.05.11.01.03.12 Home Occupations
15.05.11.01.03.13 Residential Identification
15.05.11.01.03.14 Trespassing and Hunting
15.05.11.01.04 Setback
15.05.11.01.05 Illumination
15.05.11.01.06 Special Types of Signs
15.05.11.01.06.01 Political, Charitable, Meeting Signs
15.05.11.01.06.02 Banners for Drives and Large Gatherings
15.05.11.01.06.03 Vehicle Signs
15.05.11.01.06.04 Menus
15.05.11.01.06.05 Sales Fliers
15.05.11.01.06.06 Traffic Signs
15.05.11.01.06.07 Signs for Legal Nonconforming Uses
15.05.11.01.06.08 Flags
15.05.11.01.06.09 Indoor Neon Signs
15.05.11.01.07 Nonconforming Signs
15.05.11.02 Automobile Graveyard or Recylcing; Junkyards
15.05.11.03 Campgrounds
15.05.11.04 Conversion to Multifamily Use
15.05.11.05 Home Occupations
15.05.11.06 Manufactured Housing
15.05.11.07 Mobile Home Parks
15.05.11.08 Temporary Storage
15.05.11.09 Timber Harvesting
15.05.11.10 Swimming Pools
15.05.11.11 Restaurants
15.05.11.12 Mining, Quarrying, Gravel or Mineral Extraction
15.05.11.13 Cluster Developments
15.05.11.13.01 Purpose
15.05.11.13.02 Use
15.05.11.13.03 Performance Standards
15.05.11.13.04 Adjustment of Lot Standards
15.05.11.13.04.01 Setback from Boundary of Developed Parcel and from Public Roads
15.05.11.13.04.02 Individual Lot Size
15.05.11.13.04.03 Area When Individual Lots Not Created
15.05.11.13.04.04 Lot Coverage for Individual Lots
15.05.11.13.04.05 Coverage When Individual Lots Not Created
15.05.11.13.04.06 Setbacks for Individual Lots
15.05.11.13.04.07 Setbacks when Individual Lots Not Created
15.05.11.13.04.08 Frontage Required for Developed Parcel
15.05.11.13.04.09 Frontage for Individual Lots
15.05.11.13.04.10 Access when Individual Lots Not Created
15.05.11.13.05 Open Space
15.05.11.13.05.01 Amount and Use
15.05.11.13.05.02 Ownership
15.05.11.13.05.03 Restrictive Language
15.05.11.13.05.04 Shoreline
15.05.11.13.06 Water Supply
15.05.11.13.07 Wastewater System
15.05.11.13.08 Minimum Parcel Developed
15.05.11.13.09 Orientation of Buildings
15.05.11.14 Subdivisions
15.05.11.14.01 Monuments
15.05.11.14.02 Blocks
15.05.11.14.03 Lot Standards
15.05.11.14.04 Frontage
15.05.11.14.05 Multiple Frontage and Reverse Frontage
15.05.11.14.06 Lot Lines
15.05.11.14.07 Future Development
15.05.11.14.08 Land Not Suitable for Development
15.05.11.14.09 Aesthetic, Cultural and Natural Areas and Open Space
15.05.11.15 Residential Structures
15.05.11.16 Commercial Developments in C-2 Zone
SECTION 15.06 CONTRACT ZONING
15.06.01 Purpose
15.06.02 Definition
15.06.03 Procedure
15.06.03.01 Application
15.06.03.02 Fees
15.06.03.03 Bond
15.06.03.03 Staff Input
15.06.03.04 Planning Board
15.06.03.05 Town Council
15.06.03.06 Hearing
15.06.03.07 Recommendation
15.06.03.08 Vote
15.06.03.09 Shoreland
15.06.03.10 Recording
15.06.03.11 Contract Zoning Not Permit or Site Plan Approval
15.06.04 Conditions and Restrictions
15.06.04.01 Mandatory
15.06.04.02 Discretionary
15.06.04.03 Prohibited
SECTION 15.07 PERMITS
15.07.01 Permits Required
15.07.01.01 Flood Hazard Areas
15.07.01.02 New Construction
15.07.01.03 Alteration
15.07.01.04 Placement of Signs
15.07.01.05 Moving or Demolition
15.07.01.06 Change of Use
15.07.01.07 Section 15.03 Activities
15.07.01.08 Mobile Home Parks and Campgrounds
15.07.02 Prohibitions
15.07.03 Procedure
15.07.03.01 Application
15.07.03.02 Submissions
15.07.03.03 To Whom Issued
15.07.03.04 Compliance with Land Use Ordinance
15.07.03.05 Deadline for Decision
15.07.03.06 Copies
15.07.03.07 Other Permits Required
15.07.04 Certificate of Occupancy
SECTION 15.08 STANDARD CONDITIONS
15.08.01 Performance Guarantees
15.08.02 Site Conditions
15.08.03 Acceptance Not Implied
15.08.04 Prohibitions
15.08.05 Sale of Lots
15.08.06 Public Utilities
15.08.07 Maintenance
15.08.08 Modifications
15.08.09 Inspection
15.08.10 Time Frames for Completion
15.08.10.01 Permits
15.08.10.02 Planning Board Approvals
15.08.10.03 Phased Development
15.08.10.03.01 Permissive
15.08.10.03.02 Mandatory
15.08.11 Construction Standards
15.08.12 Transferability
15.08.12.01 Permits
15.08.12.02 Planning Board Approvals
SECTION 15.09 PERFORMANCE GUARANTEES
15.09.01 Required Improvements
15.09.02 Contents of Guarantee
15.09.03 Types of Guarantees
15.09.03.01 Escrow Account
15.09.03.02 Performance Bond
15.09.03.03 Irrevocable Letter of Credit
15.09.03.04 Conditional Agreement
15.09.04 Release of Guarantee
15.09.05 Default
15.09.06 Plant Maintenance Guarantees
SECTION 15.10 ENFORCEMENT
15.10.01 Nuisance
15.10.02 Code Enforcement Officer
15.10.02.01 Authority
15.10.02.02 Enforcement and Notice of Violation
15.10.02.03 Inspection and Investigation
15.10.02.04 Records
15.10.03 Proceedings and Penalties
15.10.03.01 Actions and Consent Agreements
15.10.03.02 Fines and Penalties
15.10.03.03 Suspension or Revocation of Approvals or Permits
15.10.03.04 Attorney's Fees and Costs
SECTION 15.11 APPEALS AND VARIANCES
15.11.01 Board of Appeals
15.11.01.01 Organization
15.11.01.02 Authority
15.11.01.03 Applicability of Law
15.11.02 Variances
15.11.02.01 Authority
15.11.02.02 Application
15.11.02.03 Submissions Generally
15.11.02.04 Hearing
15.11.02.04.01 Published Notice
15.11.02.04.02 Mailed Notice
15.11.02.04.03 Contents of Notice
15.11.02.04.04 Rules
15.11.02.04.05 Representation
15.11.02.04.06 Continuation
15.11.02.04.07 Staff Support
15.11.02.05 Deliberation and Decision
15.11.02.06 Certificate of Variance
15.11.03 Administrative Appeals
15.11.03.01 Authority
15.11.03.02 Application
15.11.03.03 Submissions Generally
15.11.03.04 Hearing
15.11.03.05 Deliberation and Decision
15.11.03 Recording
15.11.04 Failure to Act
15.11.05 Reconsideration
15.11.06 Appeal to Superior Court
15.11.07 Stay of Proceedings
SECTION 15.12 CONSTRUCTION AND DEFINITIONS
15.12.01 Construction of Language
15.12.02 Definitions
CHAPTER 15 LAND USE ORDINANCE
SECTION 15.01 GENERAL
15.01.01 Title
This ordinance and the accompanying zoning map or maps shall be known and may be cited as the Land Use Ordinance of the Town of Veazie, Maine and will be referred to herein as the ordinance.
15.01.02 Authority
This ordinance has been adopted pursuant to Home Rule Powers as provided for in Article VIII, Part Second of the Maine Constitution and 30_A M.R.S.A. §§ 2101 et seq. and pursuant to Title 30-A M.R.S.A. §§ 3001 et seq. and 4352, and Title 38 M.R.S.A. §§ 435 - 449.
15.01.03 Purpose
The purposes of this ordinance are to:
* promote the comfort, convenience, health, safety, and general welfare of the residents of the Town of Veazie in a manner that serves to balance the interests of the general public of Veazie and those of individual property owners;
* give effect to policies and proposals of the Veazie Comprehensive Plan;
* promote the formation of community units;
* guide future growth in the Town of Veazie;
* conserve, protect and enhance the natural, cultural and historic resources of the Town of Veazie;
* provide standards for all types of dwelling units so that all the people of Veazie may have access to decent, sound and sanitary housing in accordance with the goals of the Federal Housing Act of 1949, among which is the provision of adequate zoning to meet a fair share of the Town's housing needs;
* provide an adequate street system;
* promote traffic safety;
* provide standards to control the intensity of development in areas of sensitive or significant natural resources in order to reduce or eliminate adverse environmental impacts;
* provide safety from fire, flood, panic and other dangers;
* provide adequate privacy, light and air;
* protect the tax base by facilitating cost_effective development within the Town of Veazie;
* promote the development of an economically sound and stable community;
* promote economy in local governmental expenditures;
* conserve the values of property throughout the Town of Veazie;
* promote a wholesome home environment;
* encourage the most appropriate use of land throughout the municipality;
* prevent overcrowding of real estate;
* prevent housing development in unsanitary areas;
* promote the coordinated development of unbuilt areas;
* provide an allotment of land area in new developments sufficient for all the requirements of community life;
* provide for adequate public services;
* protect landowners from adverse impacts of adjoining developments;
* protect the environment;
* prevent and control water pollution;
* protect fish spawning grounds, aquatic life, bird and other wildlife habitat;
* protect buildings and lands from flooding and accelerated erosion;
* protect archaeological and historic resources;
* protect wetlands;
* control building sites, placement of structures and land uses;
* conserve shore cover, visual as well as actual points of access to inland coastal and waters;
* conserve natural beauty and open space;
* maintain hydrologic drainage features;
* minimize municipal maintenance costs;
* anticipate and respond to the impacts of development in shoreland areas;
* ensure that all developments and divisions of land comply with the requirements of 30-A M.R.S.A. § 4404, as amended.
15.01.04 Applicability
This ordinance shall apply to all land and structures within the Town of Veazie. All buildings or structures hereinafter constructed, reconstructed, altered, enlarged, or moved, and the uses of buildings and land, including the division of land, in the Town of Veazie, shall be in conformity with the provisions of this ordinance. No building, structure, land or water area shall be used for any purpose or in any manner except as provided for in this ordinance.
15.01.05 Severability
Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not invalidate any other section or provision of this ordinance.
15.01.06 Conflicting Ordinances or Laws
When any provision of this ordinance conflicts with any other provision of this ordinance or with any other Federal, State or local rule, regulation, ordinance, statute or other restriction, the more restrictive provision shall control.
15.01.07 Omitted Uses Prohibited
It is the intent of this ordinance that any use not specifically allowed as a permitted use is specifically prohibited.
15.01.08 Effective Date
This ordinance, or any amendments thereto, shall take effect thirty (30) calendar days following its/their adoption by the Town Council, provided, however, that those portions of this ordinance related to shoreland regulation, or amendments thereto, shall not be effective unless approved by the Commissioner of the Department of Environmental Protection. A certified copy of this ordinance or any amendment hereto, attested and signed by the Town Clerk, shall be forwarded to the Commissioner for approval. If the Commissioner fails to act on the ordinance or amendment within forty-five (45) days of his/her receipt thereof, it shall be deemed approved. Any application to the Town within the forty-five (45) day period for a permit for an activity or development subject to shoreland regulation shall be governed by this
ordinance or any amendment hereto if the ordinance or amendment is approved by the Commissioner. The adoption of this ordinance or any amendment hereto hereby repeals and supersedes all conflicting land use provisions of all ordinances adopted prior to the effective date of this ordinance.
15.01.09 Planning Board
15.01.09.01 Organization
The Board shall consist of five (5) members and two (2) associate members, all of whom shall be residents of Veazie. The members of the Board shall be appointed by the Town Council for staggered terms of three (3) years and the associate members shall be appointed for one (1) year terms. The Board shall annually elect, from among its members, a chairman, vice-chairman and secretary. A person shall forfeit his membership on said Board if he fails to attend three (3) meetings of the Board in any one calendar year without being excused by the Board.
When a member is unable to act because of absence, conflict of interest, physical incapacity, or any other reasons satisfactory to the chairman, the chairman shall designate an associate member to act in his/her stead. When designated by the chairman to act, an associate member shall have all the authority and responsibility of a member but the associate member may not hold any office on the Board.
In the event that a vacancy shall occur with respect to said Board by non_acceptance of appointment, resignation, abandonment, death, disability, incompetency, forfeiture or failure to qualify after written demand from the Town Council, the Town Council shall appoint a resident of Veazie to fill the unexpired term. An associate member may attend all meetings of the Board and participate in its proceedings, but may vote only when he has been designated by the chairman to act for a member.
Any question of whether a member shall be disqualified from voting on a particular matter shall be decided by a majority vote of the members, excluding the member who is being challenged.
15.01.09.02 Authority
The Planning Board shall have all the authority and be subject to all the duties set out in the provisions of the Maine statutes and this ordinance relating to municipal planning boards or municipal reviewing authorities. The chairman shall call at least one (1) regular meeting of the Board each month. No meeting of the Board shall be held without a quorum consisting of three (3) members or associate members authorized to vote. The Board shall act by majority vote of the members present and voting.
15.01.10 Amendment
15.01.10.01
The Town Council may, on its own initiative or upon the written request of the Planning Board, and shall, on the written petition of a number of registered voters equal to at least ten percent (10%) of the number of votes cast in the Town at the last gubernatorial election, but in no case less than ten (10), consider a proposed amendment to this ordinance.
15.01.10.02
At least ten (10) days prior to the Council's vote on any proposed amendment, the Planning Board shall hold a public hearing on the proposed amendment. The hearing shall take place within thirty (30) days after the Planning Board's receipt of a proposed amendment.
15.01.10.03
Notice of hearing shall be given in the following manner:
15.01.10.03.01 Published Notice
Notice of the hearing shall be published at least two (2) times in a newspaper that complies with 1 M.R.S.A. § 601 that has a general circulation in the Town of Veazie, with the date of the first publication at least fourteen (14) days prior to the hearing date and the date of the second publication at least seven (7) days before the hearing date.
15.01.10.03.02 Posted Notice
Notice of said hearing shall be posted in the municipal office at least fourteen (14) days prior to the hearing date.
15.01.10.03.03 Content of Notice
Notices given pursuant to this section shall be written in plain English, understandable to the average citizen, and shall summarize or state the text of the proposed amendment, identify proponent of the proposed amendment, describe the property involved, state the date, time and place of the hearing, and explain how the recipient of the notice may attend and present evidence.
15.01.10.03.04 Additional Mailed Notice
15.01.10.03.04.01 Contract Zoning
When rezoning is proposed through contract zoning pursuant to Section 15.06, notice shall also be mailed at least fourteen (14) days prior to the hearing by first class mail to the owner of the property to be rezoned and to the owners of all property within five hundred feet (500') of the property to be rezoned. This notice must contain a copy of any agreement, conditions and restrictions with a map indicating the property to be rezoned. The owners of property shall be considered to be those shown on the Town's tax list as the persons against whom taxes are assessed. The Planning Board shall, in each case, maintain a list of property owners so notified. Notice shall be deemed received if mailed to an owner's last known address according to the Town tax records. Failure of any property owner to actually receive notice shall not
necessitate another hearing or invalidate any actions of the Planning Board.
15.01.10.03.04.02 Industrial, Commercial or Retail
When a proposed amendment will, within a geographically specific portion of the Town, have the effect of either prohibiting all industrial, commercial or retail uses where any such uses are currently permitted, or permitting such uses where any such uses are currently prohibited, for each parcel within the Town that is in or abutting the portion of the Town affected by the proposed amendment, notice shall also be mailed at least fourteen (14) days prior to the hearing by first class mail to the owner of each such parcel. This notice must contain a copy of a map indicating the portion of the Town affected by the proposed amendment. Ownership and mailing addresses shall be determined as in the previous paragraph. The municipal officers shall prepare and file with the Town Clerk a written certificate indicating those
persons to whom notice was mailed and at what addresses, when it was mailed, by whom it was mailed, and from what location it was mailed. This certificate constitutes prima facie evidence that notice was sent to those persons named in the certificate.
15.01.10.04
Following a hearing, the Planning Board shall, by majority vote, make a recommendation as to whether the proposed amendment ought to be adopted or ought not to be adopted. The Planning Board's recommendation and its reasons therefore shall be presented to the Town Council in writing at the meeting at which the Council will take action on the proposed amendment.
15.01.10.05
Prior to voting on any proposed amendment, the Town Council may conduct a hearing thereon, with notice of said hearing given in the same manner as prescribed for the adoption of any other ordinance. If the Planning Board recommends a proposed amendment, such amendment may be adopted by a majority vote at a duly constituted meeting of the Town Council. If the Planning Board does not recommend a proposed amendment, such amendment may be adopted only by a two_thirds (2/3) majority vote at a duly constituted meeting of the Town Council.
15.01.11 Availability
A certified copy of this ordinance shall be filed with the Town Clerk and shall be accessible to any member of the public. Copies shall be made available to the public at reasonable cost at the expense of the person making the request. Notice of availability shall be posted at such locations as notices of public meetings are typically posted.
SECTION 15.02 ESTABLISHMENT OF ZONES
15.02.01 Classes of Zones
For purposes of this ordinance, the Town of Veazie is hereby divided into the following general zones:
* Low Density Residential (R-1)
* Urban Residential (R-2)
* Suburban Residential (R-3)
* Residential and Farming (R-4)
* Commercial (C-1)
* Business-Commercial (C-2)
* Industrial (I-1)
* Resource Protection Overlay (RPO)
The Town of Veazie is hereby further divided into the following overlay zones which impose additional or more stringent standards on the general zones on which they are overlaid.
* Open Space Conservation Overlay (OCO)
* Shoreland Limited Residential Overlay (LRO)
* Shoreland Limited Commercial Overlay (LCO)
* Shoreland Limited Industrial Overlay (LIO)
* Stream Protection District Overlay (SPO)
15.02.02 Purposes of Zones
15.02.02.01 General Zones
The primary purposes of the general zone classifications are as follows:
15.02.02.01.01 Low Density Residential
The R-1 Zone is established primarily for contemporary single family dwellings. Other uses permitted in the zone are those which are harmonious in exclusively residential neighborhoods in Veazie.
15.02.02.01.02 Urban Residential
The R-2 Zone is established as a zone for residential use of existing housing and new multifamily housing. Other uses permitted in the zone are those which are harmonious with the traditional pattern of development in residential neighborhoods in Veazie.
15.02.02.01.03 Suburban Residential
The R-3 Zone is established as a zone primarily for contemporary new housing which permits a variety of housing types. Other uses permitted in the zone are those which are harmonious with exclusively residential neighborhoods in Veazie.
15.02.02.01.04 Residential and Farming
Encompassing much of the area removed from the Village Center, the R-4 Zone is intended for the kinds of uses which have traditionally predominated in rural New England: forestry and farming, farm residence, and a scattering of varied uses not inconsistent with a generally open, non-intensive pattern of land use. The minimum lot size requirement is high in order to prevent over-development where public sewers are not feasible and where a full range of urban services cannot be provided economically.
15.02.02.01.05 Commercial
The C-1 Zone is intended primarily for commercial uses to which the public requires easy and frequent access. Centrally located and easily accessible, the zone is intended to encourage the concentration of commercial development to the mutual advantage of customers and merchants.
15.02.02.01.06 Business-Commercial
The intent of the C-2 Zone is to provide for the orderly development of commercial uses, low-impact light industry, and service businesses in a pattern that minimizes adverse impacts on nearby residential zones and on the overall character of the Town.
15.02.02.01.07 Industrial
The I-1 Zone is to provide land which is conveniently located with respect to transportation corridors and municipal and where other conditions are favorable to the development of industry, and which at the same time is so located as to prevent undesirable conflict with residential and other uses. Processing, manufacturing, warehousing and other industrial uses which are not injurious or noxious by reason of noise, smoke, vibration, gas, fumes, odor, dust, fire or explosion hazard are typical permitted uses with site plan approval, but not residential uses. The I-1 Zone includes the following types of areas:
15.02.02.01.07.01
Areas of two (2) or more contiguous acres devoted to commercial, industrial or intensive recreational activities, or a mix of such activities, including but not limited to the following:
* Areas devoted to manufacturing, fabricating or other industrial activities;
* Areas devoted to wholesaling, warehousing, retail trade and service activities, or other commercial activities; and
* Areas devoted to intensive recreational development and activities such as, but not limited to amusement parks, race tracks and fairgrounds.
15.02.02.01.07.02
Areas otherwise discernable as having patterns of intensive commercial, industrial or recreational uses.
15.02.02.01.08 Resource Protection
The purpose of the RP Zone is to preserve wetlands, stream corridors, areas subject to flooding and other areas in which development would adversely impact water quality, productive habitat, biological ecosystems, or scenic or natural values, and to provide a minimum setback from these significant natural areas. This district shall include the following areas when they occur within the limits of the shoreland zone, exclusive of the SPO Zone:
15.02.02.01.08.01
Areas within two hundred fifty feet (250'), horizontal distance, of the upland edge of freshwater wetlands and wetlands associated with the Penobscot River which are rated "moderate" or "high" value by the Maine Department of Inland Fisheries and Wildlife.
15.02.02.01.08.02
Flood plains along rivers and flood plains, defined by the 100 year flood plain as designated on the Federal Emergency Management Agency's (FEMA) Flood Hazard Boundary Maps or, in the absence of these, by soil types identified as recent flood plain soils. This zone shall also include 100 year flood plains adjacent to tidal waters as shown on FEMA's Flood Hazard Boundary Maps.
15.02.02.01.08.03
Areas of two (2) or more contiguous acres with sustained slopes of twenty percent (20%) or greater.
15.02.02.01.08.04
Areas of two (2) or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater or coastal wetland as defined, and which are not surficially connected to a water body during normal spring high water. (Inasmuch as these types of areas are not adequately mapped by any Federal, State or local agency, it may not be possible to identify them prior to the detailed evaluation of a specific site.)
15.02.02.01.08.05
Land areas along rivers subject to severe bank erosion, undercutting, or river bed movement, and lands adjacent to tidal waters which are subject to severe erosion or mass movement, such as steep coastal bluffs.
15.02.02.02 Overlay Zones
The primary purposes of the zones are as follows:
15.02.02.02.01 Open Space Conservation Overlay
The OCO Zone is intended to promote growth management through open space planning. The overlay zone identifies two types of public and private property: (a) land that is currently set aside as open space and is protected from development; and (b) land that falls within an open space green corridor as shown on the overlay map. Owners whose land falls within the green corridor will be encouraged, if and when they develop their land, to preserve open space parcels that contribute to the contiguous green corridor shown on overlay map. The overall goal of the OCO Zone is to preserve open space at both the neighborhood and Town-wide scales in Veazie. Wherever possible, land assigned to the OCO Zone will be made accessible to the public and will be configured to enhance wildlife conservation, aesthetic,
recreational, agricultural and sustainable forestry values.
15.02.02.02.03 Shoreland Limited Residential Overlay
The LRO Zone is intended to protect land in the shoreland zone which is otherwise zoned as a residential zone. It includes areas other than those in the RP or SPO Zones.
15.02.02.02.04 Shoreland Limited Commercial Overlay
The LCO Zone is intended to protect land in the shoreland zone which is otherwise zoned as a commercial zone. It includes areas other than those in the RP or SPO Zones.
15.02.02.02.05 Shoreland Limited Industrial Overlay
The LIO Zone is intended to protect land in the shoreland zone which is otherwise zoned as an industrial zone. It includes areas other than those in the RP or SPO Zones.
15.02.02.02.06 Stream Protection Overlay
The SPO Zone includes all land areas within seventy-five feet (75'), horizontal distance, of the normal high water line of a stream, exclusive of those areas within two hundred fifty feet (250'), horizontal distance, of the normal high water line of a river, or within two hundred fifty feet (250'), horizontal distance, or the upland edge of a freshwater or coastal wetland. Where a stream and its associated shoreland area are located within two hundred fifty feet (250'), horizontal distance, of the above water bodies or wetlands, that land area shall be regulated under the terms of the shoreland district associated with that water body or wetland.
15.02.03 Locations of Zones
Zones established by this ordinance are bounded and defined as shown on the official Zoning Map, Zoning Overlays and the official Shoreland Zoning Map of the Town of Veazie, which, together with all notations and explanatory materials contained thereon, are hereby made a part of this ordinance. The official maps shall be signed by the Town Clerk and Chairman of the Planning Board at the time of adoption or amendment of this ordinance, certifying the date of such adoption or amendment, and shall be filed at the municipal offices of the Town of Veazie.
15.02.04 Interpretation of Zone Boundaries
Where uncertainty exists as to boundary lines of districts as shown on the zoning maps, the following rules shall apply:
15.02.04.01
Boundaries indicated as approximately following the center lines of streets, highways, public utilities or railroad rights_of_way shall be construed as following such center lines.
15.02.04.02
Boundaries indicated as approximately following platted lot lines or Town boundaries shall be construed as following such lines.
15.02.04.03
Boundaries indicated as approximately following shore lines of any lake or pond shall be construed as following the mean high water line.
15.02.04.04
Boundaries indicated as approximately following the center lines of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel center line of such watercourses.
15.02.04.05
Boundaries indicated as being parallel to or extensions of features listed above shall be so construed.
15.02.04.06
Distances not specifically indicated on the official map shall be determined by the scale of the map.
15.02.04.07
Where physical or natural features existing on the ground are at variance with those shown on the official map, or in other circumstances where uncertainty exists with respect to the location of a boundary, the Board of Appeals shall interpret the district boundaries, provided, however, that in all cases the determination of any setback from the high water mark shall be determined by actual site measurement.
15.02.05 Division of Lots by District Boundaries
When a single lot in common ownership is transected by a zone boundary, each part of the lot shall be subject to the regulations set forth in this ordinance that apply to the zone in which that part is located, provided, however, that the frontage requirement for the entire lot is met if the front property line meets the frontage requirement for the zone in which it is located.
SECTION 15.03 LAND USE ACTIVITIES AND STANDARDS
15.03.01 Permitted Uses
15.03.01.01 Generally
Uses shall be permitted in each zone only in accordance with the following table. Uses not indicated as permitted, with or without Planning Board, Code Enforcement Officer or Licensed Plumbing Inspector approval, and uses not listed on the table, are expressly prohibited.
KEY TO TABLE:
P = PERMITTED WITHOUT A PERMIT
B = PLANNING BOARD APPROVAL REQUIRED
B1= PLANNING BOARD APPROVAL REQUIRED; CHILD CARE I REQUIRES CODE ENFORCEMENT OFFICER APPROVAL
C = CODE ENFORCEMENT OFFICER APPROVAL REQUIRED
C1= CODE ENFORCEMENT OFFICER APPROVAL REQUIRED; CHILD CARE II REQUIRES PLANNING BOARD APPROVAL
L = LICENSED PLUMBING INSPECTOR APPROVAL REQUIRED
S = SAME AS UNDERLYING ZONE
BLANK = NOT PERMITTED
|
ZO N E S |
OVERLAY ZONES |
USES |
R-1 |
R-2 |
R-3 |
R-4 |
C-1 |
C-2 |
I-1 |
RP |
LRO |
LCO |
LIO |
SPO |
OCO |
Agriculture I |
C |
C |
C |
C |
|
|
P |
|
S |
|
P |
|
P |
Agriculture II |
|
|
|
C |
|
|
P |
|
S |
|
P |
|
P |
Aquaculture |
|
|
|
|
|
|
B |
|
|
|
S |
|
|
Automobile Repair Garage |
|
|
|
|
B |
|
B |
|
|
S |
S |
|
|
Automobile Service Station |
|
|
|
|
B |
|
|
|
|
S |
|
|
|
Boarding, Lodging or Rooming |
|
B |
|
B |
|
|
|
|
S |
|
|
|
|
Campground |
|
|
|
B |
|
|
|
|
S |
|
|
|
|
Cemetery |
|
|
|
B |
|
|
|
|
S |
|
|
|
|
Child Care I |
C |
C |
C |
C |
|
|
|
|
S |
S |
|
|
S |
Child Care II |
B |
B |
B |
B |
|
|
|
|
S |
S |
|
|
S |
Child Care III |
|
|
|
|
B |
|
|
|
|
|
|
|
|
Church |
|
B |
B |
|
|
|
|
|
S |
|
|
|
|
Clearing vegetation for approved construction and uses |
P |
P |
P |
P |
P |
P |
P |
C |
P |
P |
P |
C |
P |
Cluster Subdivisions |
B |
B |
B |
B |
|
B |
B |
|
S |
S |
S |
|
S |
Commercial Establishment |
|
|
|
|
B |
|
|
|
|
S |
|
|
|
Communications Facility |
B |
B |
B |
B |
B |
B |
B |
|
S |
S |
|
|
S |
Condominiums |
|
|
B |
|
|
|
|
|
S |
|
|
|
|
Conversions of seasonal residences to year round use |
L |
L |
L |
L |
L |
|
|
|
L |
L |
|
|
L |
Dwelling, Multifamily I |
|
B |
B |
B |
|
|
|
|
S |
|
|
|
|
Dwelling, Multifamily II |
|
B |
|
|
|
|
|
|
S |
|
|
|
|
Dwelling, Single Family |
C |
C |
C |
C |
|
|
|
|
S |
|
|
|
S |
Dwelling, Two Family |
|
C |
C |
|
|
|
|
|
S |
|
|
|
|
Emergency Operations |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Essential Services, Construction of |
B |
B |
B |
B |
B |
B |
B |
B |
B |
B |
B |
B |
B |
Expansion of Conforming Use or Structure by the lesser of 20% area OR 1000 sq.ft.)/5 yrs |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
Filling and earthmoving > 10 cubic yards |
C |
C |
C |
C |
C |
C |
C |
B |
C |
C |
C |
B |
S |
Filling and earthmoving 10 cubic yards |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
C |
S |
Fire Prevention Activities |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Food Processing Facility |
|
|
|
|
|
|
B |
|
|
|
B |
|
|
Forest Management Activities |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Government Facilities |
|
B |
B |
|
B |
B |
B |
|
S |
S |
S |
|
|
Greenhouse, Noncommercial |
C |
C |
C |
C |
|
|
|
|
S |
|
|
|
S |
Harvesting Wild Crops |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Home Occupation I |
C1 |
C1 |
C1 |
C1 |
|
|
|
|
S |
S |
|
|
S |
Home Occupation II |
|
B1 |
|
B1 |
|
|
|
|
S |
S |
|
|
|
Hospital |
|
|
|
|
B |
|
B |
|
|
S |
|
|
|
Industrial |
|
|
|
|
|
|
B |
|
|
|
S |
|
|
Kennel, Noncommercial |
C |
C |
C |
C |
|
|
|
|
S |
|
|
|
S |
Medical Clinics |
|
|
|
|
B |
B |
|
|
|
S |
|
|
|
Mineral Exploration |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Mineral(including sand & gravel) Extraction |
|
|
|
B |
|
|
B |
|
S |
|
S |
|
|
Mobile Home Parks |
|
|
|
B |
|
|
|
|
S |
|
|
|
|
Motorized vehicular traffic on existing roads and trails |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Municipal Facilities |
B |
B |
B |
B |
B |
B |
B |
|
S |
S |
S |
|
|
Newspaper Printing Plant |
|
|
|
|
|
B |
B |
|
|
S |
S |
|
|
Normal Repair and Maintenance |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Nursing Home |
|
B |
|
B |
B |
|
|
|
S |
S |
|
|
|
Parking Garage |
|
|
|
|
B |
|
|
|
|
S |
|
|
|
Parking Lot |
|
|
|
C |
C |
C |
C |
|
S |
C |
C |
|
|
Passive Recreation |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Private Club |
|
B |
|
|
B |
|
|
|
S |
S |
|
|
|
Private Sewage Disposal Systems for Allowed Uses |
L |
|
L |
L |
|
|
L |
|
L |
|
L |
|
S |
Professional Office Building |
|
|
|
B |
B |
B |
|
|
S |
S |
|
|
|
Public Utility |
B |
B |
B |
B |
B |
B |
B |
|
S |
S |
S |
|
|
Recreational Areas with Minimal Structural Development |
C |
C |
C |
C |
|
|
|
|
S |
|
|
|
S |
Research Laboratory |
|
|
|
|
B |
B |
B |
|
|
S |
S |
|
|
Road and Driveway Construction |
C |
C |
C |
C |
C |
C |
C |
|
S |
S |
S |
|
S |
Roadside Stands |
|
|
C |
C |
|
|
|
|
S |
|
|
|
S |
Sawmill, Permanent |
|
|
|
|
|
|
B |
|
|
|
S |
|
|
School, Private |
|
B |
B |
B |
B |
|
|
|
S |
S |
|
|
|
Service Drops to Allowed Uses |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Service Establishment |
|
|
|
|
|
B |
|
|
|
S |
|
|
|
Signs |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
Small Nonresidential Facilities for Education, Scientific or Nature interpretation |
C |
C |
C |
C |
C |
C |
C |
B |
C |
C |
C |
B |
B |
Soil and Water Conservation |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Stables, Commercial) |
|
|
|
B |
|
|
|
|
S |
|
|
|
|
Subdivisions |
B |
B |
B |
B |
B |
B |
B |
B |
B |
B |
B |
B |
B |
Surveying & Resource Analysis |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Timber Harvesting 20 Cords Per Year |
P |
P |
P |
P |
P |
P |
P |
C |
S |
S |
S |
C |
C |
Timber Harvesting > 20 Cords Per Year |
C |
C |
C |
C |
C |
C |
C |
C |
S |
S |
S |
C |
C |
Transient Accommodations |
|
B |
|
B |
B |
|
|
|
S |
| 