Document Lewiston_doc_1009f6e3a0

Chapter 21 PLANNING AND DEVELOPMENT* Art. I. In General, 21·1-21·15 Art. II. Planning Board, 21·16-21·30 Art. III. Reserved, 21·31-21·130 Art. IV. Development Districts, 21·13I-2J.l50 Art. V. Historic Buildings and Historic Districts, 21·151-21·157 ARTICLE i. IN GENERAL Sec. 21-1. Official map. The city, through the planning board, may adopt and amend an official map showing the locat~on of public ways and other public property, ways used in common by more than two owners of abutting property and approved subdivisions. The map may include all or part of the city, and the following provisions apply only to that area outlined on the adopted map: When the official map has been approved by the city council, the map shall be filed in the office of the city clerk. All amendments to the map shall be approved by the city council, and all amendments so approved shall be recorded by the city clerk. The lines of ways, public property and subdivisions established or modified after adoption of the official map shall be added to the map and become part of it. The planning board shall prepare the map and keep it current. On the official map, the planning board may plac lines of planned new and/or modified ways and publ' property which are in conformance with the cit) comprehensive plan. references-Buildings, Ch. 7; subdivisions. Ch. 25; house number . ~ 1 . "t ---PAGE BREAK--- * 21·" LEWISTON CODE Sec,s. 21-3-21-15. Reserved. ARTICLE II. PLANNING BOARD" Sec:. 21-16. Purpose. The purpose of this article is to establish the organiza- tion, authority and responsibilities of the Lewiston Planning Board. (Code 1970, as amended, § 2-650; Ord. No. 80-2, § 2-650, 2-14-80) See. 21-17. Authority. The Lewiston Planning Board is established under authority of Article VIII-A of the Maine Constitution, Title 30, Section 1917 of the Maine Revised Statutes Annotated, and Section 4.05 of the city charter. (Code 1970, as amended, § 2-651; Ord. No. 80-2, § 2-651,2-14-80) Sec. 21-18. Organization and rules. A quorum necessary to conduct an official meeting of the Lewiston Planning Board shall consist of at least four members. The concurring vote of at least four members is required to constitute an action on any matter requiring a public hearing. All seven members enjoy the same rights and privileges regardless of any planning board office that they may hold. The mayor or chairman may call special meetings of the board. . - - - """,..,.,onrh~t.ion bv the city council ---PAGE BREAK--- PLANNING AND DEVELOPMENT § 21·19 No member of the board shall participate in the hearing or disposition of any matter in which he or she has an interest. Any questions of whether a member has a conflict of interest sufficient to disqualify the member shall be decided by a majority vote of the members present. except the member whose possible conflict is being examined; where such vote results in a tie. the subject member shall be disqualified. (Code 1970. as amended. § 2·652; Ord. No. 80-2. § 2-652. 2-14·80) Cross references-Parliamentary procedure at board meetings, § 2-3; notice of meetings, § 2-11. Sec. 21-19. Powers and duties. The Lewiston Planning Board shall prepare and maintain a comprehensive plan as defined in Title 30. Section 4961 of the Maine Revised Statutes Annotated and shall review and make recommendations on all investiga- tions. reports and plans relating to the planning and development of the city or affecting the comprehensive plan. The board shall perform duties as prescribed by ordinance and state statute including. but not limited to. approving or disapproving subdivisions. making recommen- dations on amendments to the zoning ordinance. approving or disapproving site location of major development permits and implementing other land development control ordi- nances. The board shall perform duties as requested by the city council and may perform duties upon request of other public agencies. The board shall review the annual capital program and report to the city council prior to October fifteenth its findings regarding the needs of the city for the improve- ment. replacement and alteration of existing facilities and the acquisition or construction of additional facilities and the order in which such projects shall be undertaken. The board shall hold at least one public hearing prior to making its recommendations to the city counciL Supp. No.4 1373 ---PAGE BREAK--- § 2l-l9 LEWISTON CODE All capital expenditures costing one hundred thousand dollars ($100,000.00) or more, not included in the annual capital program, shall be referred to the board for a review and recommendation. The board shall prepare and maintain the Official Map. The board may provide assistance and recommenda- tions to any municipal department on matters affecting the comprehensive plan. Each officer and department of the city shall give all reasonable aid, cooperation and information to the board. The acquisition, except through tax mortgage lien foreclosure (36 M .R.S.A. § 942), and disposition of all public ways, lands, buildings and other municipal facilities shall be referred to the board for a review and recommendation. Such powers and duties as described in this section 21-19 above shall be subject to the powers and duties assigned to the Historic Preservation Review Board, in Article V, Chapter 21 of this Code. (Code 1970, as amended, § 2-653; Ord. No. 80-2, § 2·653, 2-M-80; Ord. No. 83-1, 3-1-83) S,ec. 21-20. Administration. The city planner shall provide for the administration of the affairs of the Lewiston Planning Board including preparmg agendas and minutes, posting public hearings, handling correspondence and maintaining all official records. Public hearings shall be held as required by statute, code or ordinance_ Notice of all public hearings shall be posted at least seven days prior to said hearing in a of general circulation in the city. (Code 1970, as amended, § 2-654; Ord. No. 80-2, § 2-654, 2-14-80) S,ac_ 21-21. Appeals. An appeal from any final decision of the Lewiston P lanning Board on any matter over which it has final Su.pp. No.4 1374 ---PAGE BREAK--- PLANNING AND DEVELOPMENT authority may be taken by any aggrieved party to superior court unless otherwise specified by statute, code or ordinance. (Code 1970, as amended, § 2-655; Ord. No. 80-2, § 2-655, 2-14-80) Supp. No.4 1374.1 ---PAGE BREAK--- ---PAGE BREAK--- PLANNING AND DEVELOPMENT ,21 ·131 Sees. 21-22-21-30. Reserved. ARTICLE HI. RESERVED* Sees. 21·31-21-130. Reserved. ARTICLE IV. DEVELOPMENT DISTRICTS Sec. 21-131. Creation of district; description. There is hereby created, in the City of Lewiston, a special devel- opment district to be known as the "downtown development dis- trict" and described as follows: Starting at a point at the edge of the Androscoggin River a,nd the rear property line of a parcel on the northerly side of Main Street adjacent to the James B. Longley Memorial Bridge. Along the rear property lines of the parcels fronting on Main Street from the James B. Longley Memorial Bridge to Hammond Street. Hammond Street, Main Street, Blake Street, along the rear property lines of the parcels fronting on Main Street to Bates Street, Bates Street, Ash Street, Middle Street, Pine Street, Park Street. Spruce Street and an extention thereof from Park Street to Canal Street. Canal Street, along the rear property lines of the parcels front- ing to Main Street to the Androscoggin River, along the river to the point oi beginning. The term "rear property lines" shall be deemed in all instances to mean the rear lot line of a lot fronting on a stated street or the rear "'Editor's note-Ord. No. 87-7, effective March 17, 1987, deleted Art. III arCh. 21 in its entirety. Formerly, Art. rII, consisting of Divs. 1-3, pertained to condo- miniums generally, approval thereof, and other requirements, and was derived from Ord. No. 81·6, 1(A), 2, 3(A), 5(A), 6, 7(A), 8(0), effective Feb. 19, 1981; Ord. No. 84·11, effective Sept. 21, 1984: and Ord. No. 84-16, effective Dec. 20, 1984. Supp. No. 10 1375 ---PAGE BREAK--- § 21-131 LEWISTON CODE line of the building facing the street and not mo:re than ten feet di!ltant therefrom, whichever rear line is the greater distance from M..in Street_ Unless otherwise described, the district boundary lines are the ceoter line of streets or such lines extended. (Ord. No. 81-25, 1-15-82) S€!c. 21 -132. Administration. The city council shall enter into a contractual arrangement with a private nonprofit corporation to administer activities author- ized under this article. Such corporation shall meet the following minimum requirements: (1 ) Membership shall be open to any person (including corpora- tions and partnerships) who pays or is responsible for a downtown development district assessment. or his designee. The board of directors shall be composed of eleven (11) members. Each director shall have one vote. The directors shall be selected as follows: Supp. No.lO [The next page is 1411] 1376 ---PAGE BREAK--- PLANNING AND DEVELOPMENT § 21-32 Easement: An authorization, filed in the county registry of deeds, for a particular use or nonuse of land or structure for a specified purpose. Executive board: The body, regardless of name, designated in the declaration to act on behalf of the association. Final plan: The final drawings on which a developer's plan of subdivision is presented to the planning board for approval and which, if approved, must be recorded at the county registry of deeds office. This final plan shall include the plat, building plans and declaration and a public offering state- ment, if required under the Maine Condominium Act, MRSA 33, Chapter 31, as amended. Limited common element: A portion of the common elements allocated by the declaration for the exclusive use of one or more but fewer than all of the units. Open space: Land dedicated, by easement, covenant, or conveyance to being permanently free of buildings or permanent structures. Performance guarantee: A cash or other bond satisfactory to the board to ensure the carrying out of every duty, act, requirement, or condition, the performance of which was the basis for condominium approval or the right to convey units. Failure to provide a performance guarantee when required revokes approval which may have previously been obtained. Preliminary condominium plan: Preliminary drawings, indicating the proposed condominium development, to be submitted to the planning board for review and preliminary approval. The preliminary plan shall include the plat and building plans. Purchaser: Any person, other than a declarant, who by means of a voluntary transfer acquires a legal or equitable interest in a unit, other than: A leasehold interest (including renewal options) of less than five years; or Supp. No. 7 1377 ---PAGE BREAK--- LEt'liISTON CODE As security for an obligation. Real estate: Any leasehold or other estate or interest in, over', or under land, including structures, fixtures, and other improvements and interest which by custom, usage, or law peos '.I!ith a conveyance of land though not described in the contl'act of sa.le or instrument of conveyance. "Real estate" includes parcels with or without upper or lower boundaries, s:!!d spaces that rney be filled with sir or water. Unit: A portion of the condominium designated for 8~~parate ownership. Urtit owner: A declarant who owns a unit, person to whom o'wnership has been conveyed, or a lessee of a unit in a leasehold condonljniunl whose lease expires sin1ultaneously with any lease, the expiration or termination of which will rmnove the unit from the condominium, but does not include a person having an interest in a unit solely as security for a:n obligation. (If title to a unit is held in a land trust, "unit owner" means the beneficiary of the trust.) (Ord. No. 81-6, § 2, 2-19-81; Ord. No. 84·16, 12-20-84) Sec, 21-33. Design and construction standards. Design and construction standards as pertains to streets and lot lines to be used for improvements shall be those standards listed in section 25-41 of this Code, if applicable. Condominium development shall conform to the require- ments of Chapter 31, as applicable. (Ord. No. 81-6, § 6, 2 ·19-81) Sec. 21-34. Violations. Any person who sells, leases, or conveys for consider- aClOn, offers or agrees to sell, lease or convey for consideration any units in a condominium development which have not been approved as required by this article shall be punished by a fine of not more than five thousand d,)llars ($5,000.00) for each such sale, lease or conveyance for consideration, offering or agreement. The city attorney or No. 7 1378 ---PAGE BREAK--- PLANNING AND DEVELOPMENT ; 21·67 plaQning board may institute proceedings to enjoin the violation of this section and if a violation is found by the court, the city, its planning board or the appropriate municipal officers may be allowed attorney fees. (Ord. No. 81·6, § 3(A), 2·19·81; Ord. No. 84·16, 12·20·84) Sees. 21-35-21-65. Reserved. DIVISION 2. APPROVAL Sec. 21-66. Required. A condominium may be created only by approval of the final plan by the planning board, as described in section 21-70 and recording of the final plan in the county registry of deeds by all persons whose interest in the real estate will be conveyed to the unit owners. (Ord. No. 81-6, § 7(A), 2-19-81) Sec. 21-67. General requirements for plats. Each required plat must show: The name, location, and dimensions of the condomin- Ium; The location and dimensions of all existing improve- ments; The intended location and dimensions of any contem- plated improvement to be constructed anywhere within the condominium labeled either "MUST BE BUILT" or "NEED NOT BE BUILT"; The extent of any encroachments by or upon any portion of the condominium; To the extent feasible, the location and dimensions of all easements serving or burdening any portion of the condominium; The location and dimensions of any vertical unit boundaries not shown or projected on plans and that unit's identifying number; Supp. No. 7 1379 ---PAGE BREAK--- ; l:1·67 LEWISTON CODE T he location with reference to established datum of any horizontal unit boundaries not shown or projected on plans and that unit's identifying number; The distance between noncontiguous parcels of real estate comprising the condominium; The location and dimensions of limited common elements including- porches, balconies, and patios, other than parking spaces and the other limited common eler.aents; (10) All othe,' m atters customarily shown on land surveys. (Ord. No. 81-6, § 8(D), 2-19-81) S(~C . 21·68. General requirements for plans. Plans of every building that contains or comprises all or pnrt of any unit and is located or must be built within any portion of the condominium must show: The location and dimensions of the vertical bounda- ries of each unit, to the extent those boundaries lie within or coincide with the boundaries of the building in which the unit is located, and that unit's identifying number; Any horizontal unit boundaries, with reference to established datum, not shown on plats and that unit's identifying number; and Any units that may be converted by the declarant to create additional units or COinr.C1on elenlents. (Ord. 81-6, § 8(E), 2-19-81) SOle. 21-69. Preliminary plan approval. The developer shall submit a preliminary plan at least ten (10) days prior to the scheduled board meeting at which the condominium proposal is to be reviewed. The prelim i- natry plan shall consist of a plat and building plans. The developer, 01' his authorized representative, shall attend the board meeting at which the preliminary plan is to be reviewed. SUiPP. No.7 1380 ---PAGE BREAK--- PLANNING AND DEVELOPMENT § 21-69 The board shall request the city engineer to report to the board with respect to street grades, street drainage, and sewerage of the condominium development, if applicable. The board shall, within thirty (30) days from the date of submission, or within thirty (30) days of a public hearing if one is held, unless the developer agrees in writing to an extension of this period, issue an order denying or granting approval of the preliminary plan or granting approval upon such terms and conditions as it may deem necessary to ensure that the condominium development complies with the standards of this article. Approval of the preliminary plan does not constitute approval of the condominium develop- ment. The board shall, within thirty (30) days from the date of submission, or within thirty (30) days of a public hearing, if one is held, state in writing any changes which it will require in the final plan. A copy of such statement shall be delivered to the developer. The plat shall be submitted in duplicate to the board. The plat shall be at a scale of forty (40) feet or less to the inch. In addition to the requirements of section 21-67 of this Code, the plat shall include: The location and size of any existing or proposed sewers, water mains, culverts, drains and other underground structures, if applicable; Existing and proposed streets and names, the profile of each proposed street with tentative grades indi- cated, if applicable; Satisfactory evidence of a safe and dependable water supply, if no connection to the municipal system is proposed; Areas to be reserved for open space; and All condominium proposals shall include base flood elevation data. Supp. No.7 1381 ---PAGE BREAK--- ~ 21·69 LEWISTON CODE T he building plan shall be submitted. in duplicate to the board. It shall be drawn at an appropriate scale and hall conform to the requirements of section 21-68 of this Code. (Ord. No. 81-6, § 5(A), 2-19-81} Se,e. 21-70. FinaX plan approval. Within twelve (12) months after approval of the preliminary plan, the developer shall submit a final plan at i.east ten (10) days prior to the scheduled planning board meeting at which the condominium development will be reviewed. The final plan shall consist of the plat, building plan, declaration, and public offering statement, if required under i:he Maine Condominium Act, MRSA Section 33, Chapter 31, as .mended. The developer, or his authorized representative, shall attend the board meeting at which the final plan is :t seven days prior to the meeting. (Code 1970, as amended, § 24·3) Charter reference- Planning board, § 4.05. Cross I,'eference- Planning board, § 21·16 et seq. Sec. 25-4. General requirements. Open Space. All major subdivisions or their extensions proposed by the same or an associated developer, including forty (4,0) or more dwelling units developed within any five·year period, shall provide a minimum of one thousand (1,000) square feet of open space per dwelling unit. This open space shall be in parcels no smaller than forty thousand (40,000) square feet. The open space shall generally be accessible from all lots of the subdivision and shall be of a character, configuration and location suitable for the particular Uile intended. The open space shall be accepted in dedication by the city or shall be reserved for and maintained by a neighborhood association as de· scribed in section 31·20(B)(10) of the zoning ordi- nance. The planning board may deem the reservation of open space as inappropriate and unnecessary for a particular subdivision where one or more of the following criteria is satisfied: a. Sufficient open space is already reserved and available to the neighborhood; b. The layout and size of the development precludes the availability of accessible and suitable open space; c. An intown location economically and/or physical- ly prohibits such reservation. 1658 ---PAGE BREAK--- SUBDIVISIONS § 25-4 Easements_ Shoreland residential subdivisions shall provide access to abutting navigable water bodies by easement for adequate shoreland area and access thereto to be used in common by all residents and owners within the subdivision. Where a subdivision is traversed by a natural water course, drainagewaYt channel or stream, the de- veloper shall provide to the city a storm water easement which may be utilized for both surface and subsurface drainage, municipal water, sewer and underground street lighting facilities, conforming substantially with the lines of such watercourse, and be of such width as will assure adequate storm water runoff. Such easement shall not be less than thirty (30) feet wide. Assurance for Completion of Requirements. To ensure proper development of all subdivisions requiring public improvements, subdividers are required to either post a performance guarantee or complete the public improvements as described below: Before the final plat is signed by the chairman of the planning board, applicants shall complete the street, sanitary sewer, storm drainage and water improve- ments required by city ordinances, plat specifications and special conditions of final plat approval. Con- formance with this completion requirement shall be indicated by issuance of a certificate of completion by the city engineer. No lot can be sold and no building permit can be issued until the plat is signed and registered. The planning board may waive the above completion requirement for a portion or portions of a subdivision for which the subdivider posts a performance guaran- tee. Only lots in that portion of the subdivision covered by the performance guarantee can be sold or issued building permits. The plat shall clearly indicate those portions of the subdivision covered by the Supp. No. 10 1659 ---PAGE BREAK--- § 25·') LEWISTON CODE pBrformance guarantee prior to being signed by the chairman. The developer shall file said performance guarantee at the time of submission of final plans. T his guarantee may be tendered in the form of a certified check payable to the city or a faithful performance bond running to the city and issued by a surety company acceptable to the city, or an irrevocable letter of credit of a lending institution. A period of not more than five years shall be set forth in the bond time within which the required improvements must be completed. Th" board may, however, extend the bond time when unusual circumstances warrant such action. Any such performance guarantee shall be satisfactory to the city engineer as to amount of coverage and to the corporation counsel as to form and manner of execution and surety. The conditions of the performance guarantee shall run or continue to apply to the developer's successors, heirs or assigns. The guarantee shall cover at least the total cost of required street construction, sanitary sewer and storm drainage ext.ensions. The planning board may permit a subdivision to be developed in phases and may accept a performance guarantee for one or more phases. Before a developer may be released from any obligation required by this perfor- mance guarantee, the board shall require the city engineer to issue a certificate of completion. Before a developer is released from any obligation to construct the required improvements according to either of the above processes, t he board shall require the city engineer to issue a certificate of completion certifying that all conditions of approval relating to public improvements have been satisfactorily com- pleted as required. Preservation of Natural or Historic Features. T he planning board may require a landscape plan that may show the preservation of existing trees, the replacement and addition of trees and vegetation, graded contours, streams and the preservation of scenic, historic or environmentally desirable areas. Supp. No. 10 1660 ---PAGE BREAK--- SUBDIVISIONS § 25-4 Cluster Subdivisions. A cluster subdivision, whether classified by the planning department as either a major or minor subdivision, shall comply with section 31-20(B) of the zoning ordinance, in addition to all requirements of this chapter. Phase Development. If a developer chooses to develop an area in phases and chooses not to submit a subdivision plan for the entire area but only its first phase or phases, the planning board shall request the developer to provide a sketch plan for the entire area's proposed development in order to relate the fi rst phase or phases to the whole development. Amendment to Approved Plan. Any amendment to an approved plan which relocates a street and/or, in the opinion of the planning department, significantly alters lot configuration must be approved by the board. Post-Development Plans. The developer shall provide the city engineer with all finish -grading plans and all as-built utility plans prior to the developer's release from any obligation required by his performance guarantee. Exemptions. This chapter shall not apply to proposed subdivisions approved by the planning board or the municipal officials prior to September 23, 1971, in accord- ance with laws then in effect nor shall it apply to subdivisions as defined by this chapter in actual existence on September 23, 1971, that did not require approval under prior law or to a subdivision as defined by this chapter, a plan of which had been legally recorded in the registry of deeds prior to September 23, 1971. The division of a tract or parcel as defined by this chapter into three or more lots and upon all of which lots permanent dwelling structures legally existed prior to September 23, 1971, is not a subdivision. The dividing of a tract or parcel of land and the lot or lots so made, which dividing of lots when made are not subject to this chapter shall not become subject to this section by the subsequent dividing of said tract or parcel of land or any portion thereof; however, the planning board shall consider Supp. No. 10 1661 ---PAGE BREAK--- § 25-'1 LEWISTON CODE the existence of such previously created lot or lots in reviewing a proposed subdivision created by such subse- quent dividing_ U) Relationship to Floodplains. All subdivisions shall be evaluated to determine whether the development will be reasonably safe from flooding. All lots shall have, at a minimum, sufficient building area above the base flood elevation to permit construction with the lowest [1oor, including basement, to be elevated (or floodproofed if a non-residential structure) to or above the base flood level. Subdivisions shall be designed and developed to preserve the flood carrying capacity of affected watercourses to the maximum extent feasible and to ensure that adequate drainage is provided to reduce the exposure to flood hazards_ All public utilities and facilities such as sewer, gas, electrical and water systems shall be located, elevated and constructed to minimize or eliminate flood damages_ (Code 1970, as amended, § 24-4; Ord. No. 79-25, 9-25-79; Ord. No. 80-16, 2-14-80; Ord. No. 86-19, 12-5-86) Secs. 25-5-25··20. Reserved. ARTICLE II. PROCEDURE FOR SUBDIVISION APP RO V AL Sec. 25-21. Ske tch plan. Prior to submitting an application for subdivision or resubdivision, ' the developer shall submit to the planning department a sketch plan which shall consist of a simple , ketch, on a topographic map with contour intervals no greater than five feet, showing the proposed layout of 3treets, lots, utilities and other features in relation to ·existing conditions. The planning department shall, within one week, inform the developer in writing of the sketch plan's classification as either a minor subdivision, a major ,ubdivision, and whether or not a cluster development_ Supp. No. 10 1662 ---PAGE BREAK--- SUBDIVISIONS § 25-22 If classified as a minor subdivision, the subdivision plan shall comply with section 25-22 of this chapter. If classified as a major subdivision, ·the subdivision shall comply with section 25-23 of this chapter. (Code 1970, as amended, § 24-8) Sec. 25-22. Minor subdivisions. Within six months after classification of the sketch plan as a minor subdivision, the developer shall submit a final plan at least seven days prior td a scheduled planning board meeting. The final plan shall generally conform to the layout shown on the sketch plan plus any recommendations made by the board. The developer, or his authorized representative, shall attend the planning board meeting at which the final plan is to be reviewed. The planning board shall, within thirty (30) days from the date of submission, or within thirty (30) days of a public hearing if one is held, unless the developer agrees in writing to an extension of this period, issue an order denying or granting approval upon such terms and conditions as it may deem necessary to ensure that the subdivision complies with the standards of this chapter. Submissions. The final plan shall be drawn in ink upon tracing cloth at a scale of one hundred (100) feet or less to the inch. Topography, utilites and existing structures may be shown on paper on accompanying sheets at an appropriate scale. Sheets shall not exceed twenty (20) inches by thirty (30) inches, and if more than two sheets are required, an index sheet of the same dimensions shall be filed showing the entire subdivi- sion. The original, a sepia, and three prints shall be submitted to the board. Endorsement of the original by the board chairman shall constitute approval, whereupon the original shall be recorded in the county registry of deeds by the planning director. The final plan shall include the -following: - Supp. No. 10 1663 ---PAGE BREAK--- § 25-22 c. d. e. f. g. , n _ 1. J. k. Supp. No. 10 LEWISTON CODE All information from sketch plan; Subdivision name, boundaries, north point, scale, date and lot numbers; Name of record owner, subdivider and engineer, and names of abutting property owners; Lot dimensions and areas; Field survey of the subdivision giving complete descriptive lot data by bearings, distances and !'adii of curves, made and certified by surveyor licensed by the state_ All survey monuments shall be de3cribed and referenced on the plan; copies of field notes indiciating that the unadjusted traverse has a D1inimum ratio of precision of one part in ten thousand (10,000) shall be furnished. The traverse shall be made to close (balance); the method used and copies of computations shall also be furnished with a survey plan; The location and size of any existing sewers, culverts, drains, gas mains and other underground structures; Soil condition reports for all lots proposed to have subsurface sewage disposal systems. Subsurface soil, bedrock and groundwater conditions to depths of at least four feet or resistance shall be explored in the presence of a city-appointed plumbing inspector and evaluated by a state-certified soil scien- tist, or geologist, or a registered professional engineer experienced in the field of soils engineering. Such re- ports shall conform to state plumbing code standards; A separate plan of the same scale showing the system for water service, if other than private wells; Satisfactory evidence of a safe and dependable water supply, if no connection to the municipal system is proposed; Location and size of existing and proposed fire hydrants and a letter from the fire department regarding the hydrants' adequacy to serve the subdivision; Areas to be reserved for open space; 1664 ---PAGE BREAK--- SUBDIVISIONS § 25-23 J. Copies of all covenants, deed restrictions and easements intended to affect the subd ivision or a part of the subdivision; m . Written offers of cession to the city for any proposed municipal open space, and cop ies of covenants assuring control and maintenance of other open space; n. Letter from the city treasurer confirming receipt of the performance guarantee, or letter from the applicant indicating intent to complete all public improvements prior to the sale of lots and construction of buildings, whichever is appropri- ate; o. For subdivisions creating fewer than five lots, a fee of twenty-five dollars ($25.00); for subdivi- sions creating five to ten (10) lots, a fee of fifty dollars ($50.00); and for subdivisions creating more than ten (10) lots, a fee of one hundred dollars ($100.00) by check payable to the City of Lewiston. Such fee will include cost of recording the plan at the County Registry of Deeds; p. All subaivision proposals shall include base flood elevation data; q. A copy, in duplicate, of any document which the de- veloper is required to file with any state agency or record in any registry of deeds under any applicable state statute relating to the development; r. A letter from the police department regarding vehicu- lar and pedestrian safety and traffic circulation. (Code 1970, as amended, § 24-9; Ord. No. 84-11, 9-21-84; Ord. No. 87·8, 3-17-87) Sec. 25-23. Major subdivisions. Preliminary Plan. Within six months after classification of the sketch plan as a major subdivision, the developer shall submit a preliminary plan at least seven days prior to a scheduled planning board meeting. The prelimi- nary plan shall generally conform to the layout shown Supp. No. 10 1665 ---PAGE BREAK--- § 25·23 LEWISTON CODE on the sketch plan plus any recommendations made by the board. The developer, or his authorized representative, shall attend the planning board meeting at which the preliminary plan is to be reviewed. The planning board shall request the director of public works to report to the board with respect to street . . grades, street drain&gs, and sewerage of the subdivi- Slon. The planning board shall, within thirty (30) days from the date of submission, or within thirty (30) days of a public hearing if one is held, unless the developer agrees in writing to an extension of this period, issue an order denying or granting approval of the preliminary plan or granting approval upon such terms and conditions as it may deem necessary to ensure that the subdivision complies with the standards of this chapter. Approval of the preliminary plan does not constitute approval of the subdivision. The planning board shall, within thirty (30) days from the date of submission, or within thirty (30) days of a public hearing, if one is held, state in writing the specific change which it will require in the final plan. A copy of such statement shall be delivered to the developer. The preliminary plan shall be submitted in duplicate to the planning board. T he plan shall be of a scale of one hundred (100) feet or less to the inch, and shall show or be accompanied by the following: a. All information from sketch plan; b. Subdivision name, boundaries, north point, scale, date and lot numbers; c. Name and address of record owner, subdivider and engineer, and names of abutting property owner; d. Field survey of the exterior boundaries of the subdivision. Copies of field notes Indicating that ~ :upp . No. 10 1666 ---PAGE BREAK--- SUBDIVISIONS § 25·23 the unadjusted traverse has a minImum ratio of l'recision of one part in ten _thou~a'l9 (10,000) shall be furni shed. The traverse shall be made to dose (balance); the method used and copies of computations shall also be furnished with a survey plan; e. Approximate lot dimensions and areas; Supp. No.lO 1666.1 ---PAGE BREAK--- ---PAGE BREAK--- SUBDIVISIONS § 25-23 f. The location and size of any existing sewers, water mains, culverts, drains and other under- ground structures; g. Existing and proposed streets and names, the profile of each proposed street with tentative grades indicated; h. A generalized plan showing approximate location, size, grade of water and sewer lines, and storm drainage; 1. Satisfactory evidence of a safe and dependable water supply, if no connection to the municipal system is proposed; J. Areas to be reserved for open space; and k. All subdivision proposals shall include base flood elevation data. Final Plan. Within twelve (12) months after approval of the preliminary plan, the developer shall submit a final plan at least seven days prior to a scheduled planning board meeting. The final plan shall general- ly conform to the layout shown on the preliminary plan plus any recommendations made by the planning board. The developer, or his authorized representative, shall attend the planning board meeting at which the final plan is reviewed. The planning board shall request the director of public works to report to the planning board with respect to street grades, street drainage, water service, under- ground street lighting facilities, and sewerage of the subdivision, and subdivision approval by the planning board shall incorporate these recommendations. The planning board shall request the director of public works to report to the board as to the amount of coverage for the performance guarantee, and subse- quent to that report, the planning board shall inform, in writing, the developer of the required performance guarantee. Prior to subdivision approval, the planning 1667 ---PAGE BREAK--- § 25·23 LEWISTON CODE board shall request the city attorney to report to the board as to form and manner of execution and surety of the performance guarantee. The planning board shall, within thirty (30) days from the date of submission, or within thirty (30) days of a public hearing, if one is held, unless the developer agrees in writing to an extension of this period, issue an order denying or granting approval of the proposed subdivision or granting approval upon such terms and conditions as it may deem necessary to ensure that the subdivision complies with the standards of this chapter. The final plan shall be drawn in ink upon tracing cloth at a scale of one hundred (100) feet or less to the inch. Topography, street cross sections, utilities and existing structures may be shown on paper on accompanying sheets at an appropriate scale. Sheets shall not exceed twenty (20) inches by thirty (30) inches, and if more than two sheets are required, an index sheet of the same dimensions shall be filed showing the entire subdivision. The original, a sepia, and three prints shall be submitted to the board. Endorsement of the original by the planning board chairman shall constitute approval, whereupon the original shall be recorded in the county registry of deeds by the planning director. The final plan shall include the following: a. Subdivision name, boun<.huies. north point, scale, date and lot numbers; b. Name of record owner, subdivider and engineer, and names of abutting property owners; c. Complete descriptive lot data by bearings, dis- tances and radii of curves certified by a surveyor licensed by the state. All survey monuments and easements shall be described and referenced on the plan; d. All angles and curve data pertaining to streets; e. Cross sections at fifty-foot intervals of all proposed streets or proposed street extensions; 1668 ---PAGE BREAK--- SUBDIVISIONS § 25-23 said cross sections shall extend to the limit of cut and fill slopes; f. Center line stations for all proposed streets or proposed street extel)sions shall be established and shown. Points of curve, points of tangent, points of intersection as well as turnaround dimensions and information shall be shown and referenced to the street centerline; g. Plans and profiles showing location, size and grade of sewers and location and layout of both surface and subsurface drainage systems; h. A separate plan of the same scale as the survey sheet showing the system for water service, if other than private wells; 1. Soil condition reports for all lots proposed to have subsurface sewage disposal systems. Subsurface soil, bedrock and groundwater conditions to depths of at least four feet or resistance shall be explored in the presence of the city-appointed plumb- ing inspector and evaluated by a state·certified soil scientist, or geologist, or a registered professional en ~ gineer experienced in the field of soils engineering. Such reports shall conform to state plumbing code standards; J. Location and size of existing and proposed fire hydrants and a letter from the fire department regarding the hydrants' adequacy to serve the subdivision; k. Areas to be reserved for open space; I. Copies of all covenants, deed restrictions and easements intended to affect the subdivision or part of the subdivision; m. Written offers of cession to the city for any proposed municipal open space, and copies of covenants assuring control and maintenance of other open space; n. Letter from the city treasurer confirming receipt of the performance guarantee, or letter from the applicant indicating intent to complete all public Supp. No. 10 1669 ---PAGE BREAK--- LEWISTON CODE improvements prior to the sale of lots and construction of buildings, whichever is appropri- ate' , . o. For subdivisions creating fewer than five lots, a fee of twenty-five dollars ($25.00); for subdivi- sions creating five to ten (10) lots, a fee of fifty dollars ($50.00); and for subdivisions creating more than ten (10) lots, a fee of one hundred dollars ($100.00), by check payable to the City of Lewiston. Such fee will include cost of recording the plan at the county registry of deeds; q. A copy, in duplicate, of any document which the de- veloper is required to file with any state agency or record in any registry of deeds under any applicable state statute relating to the development; r. A letter from the police department regarding vehicu- lar and pedestrian safety and traffic circulation. (Code 1970, as amended, § 24-101; Ord. No. 84-11, 9-21-84; Ord. No. 87-8, 3-17-87) Secs. 25-24- 25-40. Reserved. A.RTICLE HI. DESIGN AND CONSTRUCTION STANDARDS Sec. 25-41. Generally. In addition to the requirements of section 24-65, the followin!: a,]ditional requirements shall apply to streets proposed as a part ur a subdivision: Rights-of-way for future cross streets or access to adjacent properties shall be provided at least every five hundred (500) feet unless, in the opinion of the board, topographic or other considerations justify greater distances. Every lot shall abut a public street. Side lines of lots shall be at right angles to street lines or radial to curved street lines unless a variation of this rule will give a better street and lot plan. S"pp. No. 10 1670 ---PAGE BREAK--- SUBDIVISIONS * 25-41 All lots shall comply with dimensional and area require- ments established by the zoning ordinance. Through lots, running from one street. to another, shall be avoided. Half-width streets along the boundary of land proposed for subdivision shall not be permitted. Individual services for all underground utilities shall be provided and shall extend to the edge of the street right-of- way line where they will be properly capped. An accurate record of each service, including the location and depth at the lot line, shall be kept by the developer's engineer and a true copy of same shall be provided to the city engineer. Locations of all services at the lot line shall be physically marked by the placement of wooden stakes, driven full- length into the ground at each location. Dead-end streets designed to have one end permanently closed shall not be longer than one thousand (1,0001 feet. Dead-end streets longer than one thousand (1,000) feet may be approved by the planning board when physical characteristics of the land or existing development does not preclude the eventual extension of a dead-end street to other streets. In determining the acceptability of dead-end streets longer than one thousand (1,0001 feet, the pl anning board shall seek input from the director of public works, fire chief and police chief. (Code 1970, as amended, ~ 24-30; Ord. No. 85-15, 11-29-85) Supp. No. \0 1671 [The next page is 17231 ---PAGE BREAK--- ) ) ---PAGE BREAK--- Chapter 31 ZONING' Sec. 31-1. Statement of purpose. An ordinance regulating in the City of Lewiston the location and use of real estate for industrial, commercial, residential and other purposes; construction, height, number of stories, area and bulk of all structures, size and open spaces of real estate; population density a nd setback of structures along ways of public property. An ordinance drafted as an integral part of a comprehensive plan for municipal development and promotion of health, safety and general welfare of the residents of the City of Lewiston, among other things, designed to encourage the most appropriate use of land throughout the municipality, to promote traffic safety, to provide safety from fire and other elements, to provide adequate light and air, to prevent overcrowding of real estate, to promote a wholesome home environment, to prevent housing development in unsanitary areas, to provide an adequate street system, to promote the coordinated development of unbuilt areas, to encourage the formation of community units, to provide an allotm ent of land area in new developments sufficient for all require· ments of community life, to conserve natural resources, to provide for adequate public services, and for said purposes dividing the city into zones as hereafter designated , d efined and described. (Code 1970, as amended, § 29·1) · Charter references-Planning board, § 4.05; board of appeals, § 4.06. CroBs references-Division of code enforcement. § 2-95; planning and development, Ch. 21; site location of major developments. § 21-2; subdivisions, Ch. 25. State law references-Municipal authority to enact a zoning ordi- nance, 30 M.R.S.A. § 4953; municipal authority to regulate buildings, structures. trailers and equipment, 30 M.R.S.A. § 451(4); zoning generally, 30 M.R.S.A. 4951- 4957; a nuisance exists when emissions of offensive smells or other annoyances become injurious and dangerous to the public, 17 M.R.S.A. § 2802. Supp. No. 4 2047 ---PAGE BREAK--- § 31·2 LEWISTON CODE Sec. 31-2. Short title. This chapter shall be known and may be cited as "The Zoning Ordinance for the City of Lewiston, Maine." The original zoning ordinance was adopted June 16, 1947, and subsequently amended. The adoption of this chapter which becomes effective October 31, 1972, includes all the amendments to that date. (Code 1970, as amended, § 29-2) Se,e. 3 1 Definitions. Unless otherwise expressly stated the following words sh8,1l, for the purpose of this chapter, have the meaning herein indicated: Accessory use or structure. A subordinate use of a building, other structure or land, or a subordinate building or other structure: Whose use is customary in connection with the principal building, other structure or use of land; Whose use is clearly incidental to the use of the principal building, other structure or use of land; Which is located on the same lot with the principal building, other structure or use of land, or on a lot adjacent to such lot (except off-street parking as defined in section 31-35 of this chapter) if in the same ownership or part of the same establishment; and (el) W hich does not constitute, in effect, conversion of the principal use of the premises to one not permitted. Addition. As applied to a building or structure, means any construction which increases the area or the height of any portion of the building or structure. Adjoining, adjacent. Lying near, close or contiguous, neighboring. Adult amusement establishment A business establishment which: Keeps for public patronage, or permits or allows the opera· tion of. any adult amusement device as defined in section 17·2 of this Code; or .supp. No. 4 2048 ---PAGE BREAK--- ZONING ; 31-3 Offers live entertainment, customarily exhibits motion pic- tures, or displays any other visual representation described or advertised as being "X-Rated" or "For Adults Only," and which excludes persons from any portion of the prem- ises by reason of immaturity of age by use of such, or similar phrases; or Offers as a substantial portion of its stock-in-trade, books, magazines, or other periodicals characterized by their em- phasis on specified anatomical areas or specified sexual activities, as defined in section 17-2 of this Code, "adult amusement devices." As used in this definition, "customarily" shall mean more often than an average of one calendar week during any calendar month of operation, and "substantial portion" shall mean greater than seventy-five (75) per cent of the books, magazines and other peri- odicals carried as stock-in-trade. Adult business establishment A business or commercial estab- lishment which customarily derives at least fifty (50) percent of its operating income from the retail sale or lease of goods and/or services which may not lawfully be sold or leased to persons under the age of eighteen (18), or a business entity which cus- tomarily excludes persons under the age of eighteen (18)'-from admission to its premises, including, but not limited to, adult amusement establishments, private membership clubs, taverns, restaurants or other establishments deriving at least fifty (50) percent of their operating income from the sale of liquor; and shall also include any licensed billiard or pool hall and any business establishment containing more than two of any type of billiard or pool table. Alley. A public highway which is a narrow way, less in size than a street, and which is not designed for general travel, which is used primarily as a means of access to the rear of residences and business establishments and which, Supp. No. 7 2048.1 ---PAGE BREAK--- ---PAGE BREAK--- ZONING § 31·3 generally, affords only a secondary means of access to the property abutting along its length. Alteration. As applied to a building or structure, means any change or modification in construction, exit facilities or permanent fixtures or equipment which does not include an addition to the building or structure. Ordinary repairs shall not be considered alterations. Amendment. The addition of new material to this chapter or the correction, modification or alteration of this chapter by the city council in the manner prescribed by this chapter for its amendment. Apartment. See "dwellings, lodgings and related terms" and "dwelling uniL" Apartment house (tenement house). See "dwellings, lodgings and related terms" and "multiple dwelling." Area. As applied to a building or structure, means t he maximum horizontal projected area of the building or structure at or above grade. Auto court. See "dwellings, lodgings and related terms" and "hotel." Automobile graveyard. A yard, field or other area used as a place of storage for three or more unserviceable, discarded, worn-out or junked motor vehicles. Automobile parking station. Any parking lot open to the public for which charges are made for parking or storage of automobiles. (See "garage, commercial" for parking or storage in structures where charges are made.) Automobile service station. A repair garage or any structure, enclosure or premises used for repairs other than or in addition to those permitted at gasoline supply stations. Base flood. The flood having a one per cent chance of being equalled or exceeded in any given year. Basement. A story (or portion of a story) of a building or structure having one-half or more of its clear height below grade. Also see "story." 2049 ---PAGE BREAK--- § 31-3 LEWISTON CODE Billboard or poster panel. See "display." Board of appeals. The Lewiston Board of Appeals shall constitute the board of appeals within the meaning of thi s chapter. Boarding house. An establishment where meals are regularly prepared and served for compensation for three or more persons and where most of the food is placed upun the table family style, without service or ordering of individual portions from a menu, and also where lodging units are sometimes available_ Building area. The portion of the lot remaining after required yards have been provided. Buildings may be placed in any part of the building area, but if there are limitations on per cent of the lot which may be covered by buildings, some open space may be required within the buildable area. Building inspector. An administrative agent of the City of Lewiston who is charged, among other things, with inspecting build ings, issuing building or use permits upon a showing by the applicant of compliance with all applicable City of Lewiston ordinances and laws of the State of Maine, and enforcing this chapter. Building_ A combination of materials to form a construc- tion that is safe and stable and adapted to permanent or continuous occupancy for residential, agricultural, industri- al, commercial or in titutional purposes; the term " build- ing" shall be construed as if followed by the words "or part thereof. " Building, accessory. See "accessory use of structure_" Building, height of. See "height." Building line. See "setback line." Building, principal. A building in which the primary use of the premises is conducted. Building or use permit. A document to be secured from the Building Inspector of the City of Lewiston by every landowner or his agent within the City of Lewiston who 2050 ---PAGE BREAK--- ZONING § :J1·3 desires to construct, add to, alter, move or demolish any building or structure on his land or change the present use of his land or of any building or structure on it, showing that the landowner has fully complied with the provisions of all City of Lewiston ordinances and laws of the StaLe of Maine. Bulk. The term used to describe t he size of buildings or other structures and their relationship to each ot her and to ooen areas and lot lines, and therefore includes: The size of buildings or other structures, The area of the zoning lot upon which a resident ial building is located, and the number of dwelling units or rooms within such building in relation to the area of the zoning lot, The shape of buildings other structures, T he location of exterior walls of buildings or other structures in relation to Jot lines, to other walls of the same build ing, to legally required windows or to otber. buildings or other structures, and All open areas relating to buildings or other structures and their relationship the·reto. Cemetery. Land used for the burial of the dead and dedicated. for cemetery purposes including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery. Child care. An agency, organization or individual providing l1onboarding care for children younger than sixteen (16) years, not related by blood or marriage to, or not legal wards of or foster children of, the attendant adult. The following categories of child care shall apply for the purposes of zoning: Home child care. Child care for six or fewer children per twenty·four (24) hour period. Group child care. Child care other than "home child care" including nursery school and kindergarten. Supp. No.5 2051 ---PAGE BREAK--- 5 31 ·3 LEWISTON CODE Church. A building, together with it. accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a l'eligious body Ol'ganized to sustain public worship. Club. Buildings and facilities owned and operated by a curporation or association of persons for social or rec- reational purposes, but not operated primarily for profit or to ,'enrlel' a service which is customarily carried on as a business. Cluster development. A land development that groups d wellings to increase dwelling densities on some portions of development area in order to have other portions as open space. Com.mercial use. The use of real estate, building or st.ructure, or any portion thereof, for the displaying, selling or buying of goods. war2S or merchandise. Compatible use. A use which is capable of existing in harmony with other uses situated in its immediate vicinity. Compreh.ensive pian. A compilation of policy statements. goals, standards, maps and all pertinent data relative to the pa8t) present and future trends of the municipality with respect to its population, housing, economics, social patterns, land use and water resources and their use, t ransportation facilities and public facilities prepared by the l!Lunicipa! planning board, agency or office. The comprehen· Hivc ~ plan, being as much a process as a document capable of distribution, may, at successive stages, consist of datIl collected, preliminary plans, alternative action proposals and finally as a comprehensive plan to he adopted. In its fi nEiI stages, it may consist of a series of subsidiary but interrelated nlans such as, but not limited to, a water and sewerage system plan, a land use plan, a community facilities plan. a transportation plan, an urban renewal or rehabilitation plan, an ail' or water pollution plan and a park and open space plan. The comprehensive plan shall include recommendations for plan execution and implemen- tation such as, but not limited to, capital improvements SUPfJ. No.5 2052 ---PAGE BREAK--- ZONING § 3[·3 program, renewal and rehabilitation programs, land use control ordinances and building, safety and housing codes. The comprehensive plan shall include mechanisms which will ensure continual data collection, re-evaluation in light of new alternatives and revision. The comprehensive plan may include planning techniques such as, but not limited to, planned unit development site plan approval, open space zoning and clustered development. Conditions (requirements). Three broad categories of conditions are recognized: General conditions defined in a land use control ordinance which must be met by all applicants seeking a required permit under the chapter; Special conditions defined in a land use control ordinance which must be met, in addition to the general conditions, by applicants seeking a condition- al use, special use or special exception permit under this chapter; and Those conditions which may be imposed by a zoning board of appeals in granting a variance to protect abutting and nearby property owners from any adverse effects which would otherwise flow from the grant . of the requested variance and to ensure consistency with the comprehensive plan. Conditional use (special use, special exception, secondary uses). A use or structure not permitted as a matter of right, subject only to general conditions, but permitted under the provisions of this chapter if those special conditions defined in this chapter are additionally met. Constructed. The word "constructed" shall be construed to include the words "built," "erected," "reconstructed," "al- tered," "enlarged," "moved" and "placed." Convalescent home (nursing home, rest home, home for the aged). See "nursing home." Conversion. The changing of use or occupancy of a dwelling by alterations or by other reorganization so as to Supp. No.5 2053 ---PAGE BREAK--- !i31-3 LEWISTON CODE mcrease the number of families or dwelling units in a "tl'u,ctUl'e. Corner cutback, The part of a corner lot within an Emaginary triangle bounded by the two street lines with "n imaginary line connecting a point on each street line. Such points shall be measured twenty (20) feet back from lOhe intersection of the street lines where a front yard setback j,s required, and eight feet back where no such setback is I:equired. As used in this definition, streets shall not include ,,,neys. Court, An open, uncovered, unoccupied space on the same lot with a building: "Inner court" means any court other than an outer court or a yard, "Outer court" means a court other than a yard having at least one side thereof opening onto a street, alley or yard or other permanent open space, "Yard" means a court on the same lot with a building extending along the entire length of a lot line, Coven.an.t, An agreement in writing usually recorded between two or more parties having an interest in the land wherein the covenantor affirms that certain acts either will or will not be done. The covenant may be a specified duration, may bind and be enforced only by the signatory parties, or, if so intended, may be designed to run with the land binding and giving enforcement powers not only to the Hignatory parties but to all who may subsequently hold through them. The City of Lewiston in which t he land is located may be a coventee (beneficiary of a covenant). Coverage, That percentage of the lot area or plot covered by the building area. Curb leuel. The elevation of the street curb as established in accordance with law; referring to a building, it means the elevat ion at that point of the "~.reet grade that is opposite th e eenter of the wall nearest to and facilOg the st.reet line, E:upp, No. 5 2054 ---PAGE BREAK--- ZONING § 31·3 Developer. Any person, corporation, municipality or other governmental agency or authority or any combination of these entities engaged in any planning or land use control activity or activities aimed at using, reusing or reha bilitat- ing air space, land, water or other natural resources. Supp. No.5 2054.1 ---PAGE BREAK--- ---PAGE BREAK--- ZONING § 31·3 Development. Any lnan-r;lade change to improved or unimproved real estate, including but not limited to buildings or other structur0S, mining, dredging, filling, grading, paving, excavation or drilling operations. Dog kennel. A structure used for the harboxing of more than four dogs that are more than four months old. Display sign. A structure erected independently or attached to any structure that is arranged, intended, designed or used as an advertisement, announcement or direction, and includes a sign, sign screen, billboard and advertising devices of every kind. Attached display signs shall include such as are permanently attached to any building or other structure. Detached display signs shall include such as are specially constructed, as such, without attachment to any other structure. Driveway. That space specifically designated and reserved on the lot for the movement of vehicles from one lot to another or from a lot to a public street. Dwelling, attached. Buildings containing only one or two dwelling units and with three buildings attached to each other. Side yards shall be required only at the end of rows of attached dwellings; such buildings shall have individual lots, or shall be so located on land in the same ownership that individual lots meeting the requirements of zone regulations could be provided for each, or shall be so located and grouped on land in the same ownership that individual lots plus common open space for each and all groups would yield a lot area per dweliing unit at least equal to that required for the zone. The term "attached dwelling" is intended to apply to row houses: town houses, patio houses and other forms with three buildings attached to each other, provided that any such building containing more than two dwelling units shall be considered a multiple-family dwelling. Dwelling, detached. A building containing only one or two dwelling units entirely surrounded by yards or other separation from buildings 0 11 adjacent lots. 2055 ---PAGE BREAK--- 31-3 LEWISTON CODE Dwelling, duplex. A building containing only two dwe:tling units, but with a single front entrance and all exterior characteristics of a one-family dwelling. Dwelling, multiple. A building containing three or more dweUing units. Dwelling, one-family. A building containing only one dwelling unit. The tern1 is general, including such special- i.zed formE> as one-family detached, one-family semi-de- cached and one-family attached (row houses, town houses, patio houses and the like). For regulatory purposes, t he term i:s not to be construed to include mobile homes, travel trailers, housing mounted on self-propelled or drawn '{ehicles, tents or other forms of temporary or portable housing. Dwelling, semi-detached. A building containing only one o)f two dwelling units separated from only one other building containing only one or two dwelling units by a :party wall without openings, and with each building having " separate lot with at least minimum dimensions required by zone regulations for such buildings, or so located on land in the same ownership that such lots could be provided. For the purpose of side yard regulations, semi-detached dwellings with common party walls shall be considered as one building occupying one lot. Dwelling, two-family. A building containing only two dwelling units. The term is general, including duplex, two family detached, two-fam ily semi-detached and two- fam ily attached. Dwelling unit. A room or rooms connected together conBtituting a separate, independent housekeeping estab- lishment for a family, for owner occupancy or rental or lease on weekly or longer terms, physically separated from any oth"r rooms or dwelling units which may be in the same gtructure, and containing independent kitchen and sleeping facilities. Dwelling units available for rental or occupancy for periods of less than one week shall be considered lodging units. 2056 ---PAGE BREAK--- ZONING § 31 ·3 Elderly. Families or persons included in the term "elderly" under the United States Housing Act of 1937, as amended. Erected. See "constructed." Fabrication. Manufacturing, excluding the refining or other initial processing of basic raw materials such as metal ores, lumber or rubber. Fabrication relates to stamping, cutting or otherwise shaping the processed materials into useful objects. Family. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families and that no more than two lodging units may be occupied by a total of two or less roomers, who may also board with the family. Two or less boarders, including, but not necessarily restricted to, roomers on the premises, may be accommodated. The term "family" shall not be construed.to mean a fraternity, sorority, club or institutional group. (For two or more roomers or boarders, see "boarding house" and "rooming house.") Filling station. See "gasoline supply station." Flood boundary and [loodway map. The official map delineating flood way and flood hazard boundaries as determined by the Federal Insurance Administration. Flood insurance rate map (FIRM). The official map prepared by the Federal Insurance Administration which delineates both the special hazard areas and the risk premIUm zones. Floodproo[ing. Any combination of structural and non- structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. 2057 ---PAGE BREAK--- § 31-3 LEWISTON CODE Garage, commercial. A structure used for parking or storage of automobiles, generally available to the public and involving payment of a charge for such parking or storage_ A garage used solely in conjunction wit h a multiple-family dwelling or hotel shall not be construed to be a commercial garage, but rather a permitted accessory structure and use, even though not on the same premises as the multiple-fami- ly dwelling or hoteL Garages, private, residential. An accessory building or part of the residence for parking or temporary storage of automobiles of residential occupants of the premises. In private residential garages for one- or two-family dwell- ings, not more than one space may regularly be used by the private passenger automobile of a person not resident on the premlses. Gasoline supply stations. Buildings and premises where gasoline, oil, grease, batteries, tires and automobile accesso- rie:; may be supplied and dispensed at retail and where, in addition, the following services may be rendered and sales made, and no other: Sales and servicing of spark plugs, batteries and distributors and distributor parts; Tire servicing and repair, but not recappll1g or regl'oQving; Replacement or adjustment of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat (!overs, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like; Radiator cleaning and flushing; prOV1Slon of water, antifreeze and the like; Washing and polishing and sale of automotive washing and polishing materials; Greasing and lubricat ion; Providing and repairing fuel pumps, oil pumps and lines; 2058 ---PAGE BREAK--- ZONING Servicing and repair of carburetors; Emergency wiring repairs; OJ Adjusting and repairing brakes; § 31·3 Minor motor adjustments not involving removal of the head or crankcase or racing the motor; Provision of cold drinks, packaged foods, tobacco and similar convenience goods for gasoline supply station customers, but only as accessory and incidental to principal operation; Provisions of road maps and other informational material to customers; provisions of restroom facili- ties; and Serving as an "official inspection station" when and as provided by the applicable laws of the State of Maine. Uses permissible at a gasoline supply station do not include operation of an automobile parking station or commercial garage as an accessory use, or any activity involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in gasoline supply stations. Grade. With reference to a building or structure, it means the average elevation of the ground adjoining the building or structure on all sides. Group care facility . A boarding care facility wherein children under eighteen (18) years of age or adults over sixteen (16) years of age and not legally related to the operator are provided personal care, supervision and social or rehabilitative services. Uses within the meaning of this definition must be licensed by the State of Maine and may include, but are not limited to, group homes, half-way homes and congregate homes but do not include foster family homes. For the purpose of regulation application, the following categories of group care facilities shall apply: Type group care facility. A facility providing residential care for individuals including, but not 2059 ---PAGE BREAK--- 131-3 LEWISTON CODE limited t o, the aged, t he dying, the physically handicapped, children, the mentally ill, the mentally retarded, or adults with or without dependent children who are unable to remain at home but not including offenders, ex-offenders, or alcohol or drug abusers. Type group care facility. A facility providing residential care for offenders, ex-offenders, or alcohol or drug abusers. Height. As applied to a building, means the vertical distance from grade to the average elevation of the roof of the highest story; "height" of a building in stories does not include basements-see "story": "Height," as applied to a court, means the vertical distance from the level of the floor of the lowest story served by that court to the level under consideration; "Height," as applied to a story, means the vertical distance from top to top of two successive tiers of floor beams or finished floor surfaces; "Height," as applied to a wall, means the vertical distance to the top measured from the foundation wall, or from a girder or other immediate support of such wall. Home occupation. An occupation conducted in a dwelling unit, provided t hat: No person other than a member of the family residing on the premises shall be engaged in such occupation; and The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) per cent of the floor area of the dwelling units shall be used in the content of the home occupation; and 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 one sign, 2060 ---PAGE BREAK--- ZONING § 31-3 except not hereinafter permitted (see section 31-37 of this chapter, not exceeding one square foot in area non-illuminated and mounted flat against the wall of the residence); and No home occupation shall be conducted In an accessory building or structure; and No traffic shall be generated by such home occupa- tions in greater volumes than would primarily be expected in the neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off t he street and other than in a required front yard; and 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 detached one-family 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 fluctua- tions in line voltage off the premises; [and) There shall be no stock in trade regularly maintained, or any new commodity sold on the premises; and The following are specifically excluded as home occupations: Convalescent or nursing home, tourist home, animal hospital, restaurants, doctors' offices, and dentists' offices. Hospital. An institution providing health services primar- ily for in-patients and medical or surgical care of the sick or injured, including, as an integral part of the institution, such related facilities as laboratories, outpatient depart- ments, training facilities, central service facilities and staff offices. Hotel (motel, motor lodge, tourist court, auto court). T hese terms as used herein are synonyms and mean a building or 2061 ---PAGE BREAK--- §3HI LEWISTON CODE group of attached 0 1' detached buildings containing in combination ten (10) or more lodging 01' dwelling units intended primarily for rental or lease to transients by the day or week, as distinguished from multiple-family dwell- ings in which rentals or leases are for weekly or longer periods and occupancy is generally by residents rather than transients. H'ome for the aged (nursing home, rest hom e, convalescent homes). See "nursing home." Household p ets. Animals for use by the residents of the premises only. Household pets shall not be construed to include farm animals such as: Horses, sheep, pigs, chickens, geese, pigeons. The term "household pets" is distinct from "dog kennel"; see the latter. Industrial use. The use of real estate, [aJ building or structure, or any portion thereof, for assembling, fabricat- ing, finishing, manufacturing, packaging or processing operations. Junkyard. A yard, field or other area used as a place of storage for: Discarded, worn-out or junked plumbing, heating supplies, household appliances and furniture; Discarded, scrap and junked lumber; Old 01' scrap copper, brass, rope, rags, batteries, paper t rash, rubber debris, waste and all scrap iron, steel and other scrap ferrous or nonferrous material; and Garbage dumps, waste dumps and sanitary fills. Living quarters. A general term including lodging units and dwelling units. Loading space. An on-the-property space for the stand- ing, loading or unloading of vehicles to avoid undu.e interference with the public use of streets and alleys. Such space shall be not less than fourteen (14) feet in width, fourteen (14) feet in height and fifty (50) feet in length, exclusive of access aisles and maneuvering space. 2062 ---PAGE BREAK--- ZONING § 31-3 Lodging house (tourist home) . A building or group of attached or detached buildings containing in combination three to nine lodging and/or dwelling units for occupancy for daily or weekly periods, with or without board, and primarily for occupancy by transien ts, as distinguished from multiple dwellings and rooming houses in which occupancy is primarily by residents rather than transients. Lot. A lot, for zoning purposes, is a piece of land identified on a plat of record or in a deed of record and of suffi cient area and dimensions to meet zone requirements for width, area, use and coverage and to provide such yards and open spaces as are required. A lot may consist of combinations of adjacent individual lots and/or portions of lots so recorded; provided, however, that in no case of division or combina- tion shall any residual lot, portion of lot or parcel be created which does not meet the requirements of this chapter and the subdivision regulation of Lewiston. All lots shall have direct vehicular access to a public street as herein defined. Lot area. The area of land enclosed within the boundary lines of a lot. Lot, corner. A parcel of land at the junction of and fronting on two or more intersecting streets. Lot, interior. A lot other than a corner lot. Lot, depth of. The mean distance from the street line of the lot to its opposite line, measured in the general direction of the side lines of the lot. In a corner lot the depth is the longer dimension thus measured. Lot, width of. The longest single dimension of the lot measured along the line of the street, being synonymous with the street frontage. Lot line. A line dividing one lot from another, or from a street or other public space. Manufacturing. T he making of goods and articles by hand or, especially, by machinery. Master plan. See "comprehensive plan." 2063 ---PAGE BREAK--- ! 31·3 LEWISTON CODE Mobile home. A vehicular portable structure built on a chassis designed as a single· family dwelling unit suitable for year· round occupancy containing sleeping accommoda· t ions, kitchen facilities, the same water supply, waste disposal and electrical conveniences as immobile housing and with plumbing and electrical connections provided for attachment to outside systems. A mobile home shall be .;on"idered as a mobile home whether ·it is placed on a slab permanent foundation, whether the wheels are removed or whether any other action is taken to make it appear as anything but a mobile home. Mobile home lot. A parcel of land for the placement of a single mobile home and the exclusive use of its occupants. M obile home park. A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for non transient use. Mobile home stand. A part of the individual lot which has been reserved for placement of the mobile home. appur- tenant structures or additions. Multiple dwelling use. For the purpose of determining whether a lot is in multiple dwelling use. the following considerations shall apply: Multiple dwelling uses may involve dwelling units intended to be rented and maintained under central ownership or management or [such as] cooperative apartment[s], condominiums and the like; Where an undivided lot contains more than one building and the buildings are not so located that lots conforming to requirements for one- or two-family dwellings in the zone could be provided. the lot shall be considered to be in multiple dwelling use if there are three or more dwelling units on the lot, even though the individual buildings may each contain less than three dwelling units; Servants' quarters shall not be considered as dwelling units in computations under above. 2064 ---PAGE BREAK--- ZONING § 31·3 Any multiple dwellings in which dwelling units are available for rental or lease for periods of less than one week shall be considered a tourist home or hotel, depending on the number of dwelling and/or lodging units available for periods of less than one week; provided, however, that temporary living quarters for guests of regular tenants only may be provided in any multiple dwelling, with [the] number of such units limited to ten (10) per cent of the number of dwelling units and subject to other requirements of the zone as to lot area per unit, off-street parking and the like. Neighborhood grocery store. A small retail store having an interior selling space of less than three thousand (3,000) square feet offering foodstuffs to the inhabitants of the immediate neighborhood in which it is located. Nonconforming use of structure. Any legal use or structure already in existence or begun before the passage of this land use control ordinance or amendment thereto, which ordi- nance or amendment by its terms would now make the particular use or structure either totally impermissible, impermissible as presently located, or impermissi ble by virtue of the manner in which the use or structure is being operated. Nursing home (convalescent home, rest home, home for the aged, boarding home, etc.). An institution principally devoted to offering non intensive nursing care and board to persons who are chronically ill, infirm because of age or disabling physical or mental defect or disease, or convalesc- ing from illness or surgery. In the proposals of this chapter, nursing homes shall be included under boarding houses. Occupied. As applied to a building, shall be construed as though followed by the words "or intended, arranged or designed to be occupied." Off-street parking space. An all-weather surfaced area not in a street or alley and having an area nine feet by twenty (20) feet exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street by an all-weather surface driveway 2065 ---PAGE BREAK--- § 31·3 LEWISTON CODE (which affords ingress and egress for an automobile without requiring that any vehicle back out into a street or requiring that any other vehicle be moved). Open space. That portion of lot which is characterized by natural scenic beauty or openness and which is dedicated t o being preserved or kept open in order to enhance urban or rural area~, as important physical, social, recreational, conservation, aesthetic or economic assets. Owner. T his includes his/her duly authorized agent or attorney, a purchaser, devisee, fiduciary and a person h.aving a vested or contingent interest in the property in quest ion. Penthouse. An enclosed structure, other than a roof structure, located on the roof, extending not more than twelve (12) feet above and used primarily for living or recreational accommodations. Also see IIstory." Performance guaranteed. A cash, property or other bond satisfactory to the City of Lewiston issuing a required building, use or other permit or approval under t he provisions of this land use control ordinance to ensure the actual carrying out of every duty, act, requirement or condition, the performance of which was the basis for i:lsuing the permit or approval. A performance guarantee may be required before the actual work allowed under the permit or approval has begun or at any time prior to the completion of the act allowed under the permit or approval. Failure to provide a performance guarantee when required to d.o so revokes any permit or approval which may previously have been obtained. Failure to perform successfully the acts for which the guarantee is posted may result in a partial or total forfeiture of the guarantee. Permitted use (principal use, primary use). A use or structure permitted in a given location as a matter of right under the provisions of this land use control ordinance subject only to those general conditions (requirements) which are to be met by all applicants seeking a required permit under this chapter. 2066 ---PAGE BREAK--- ZONING § 31·3 Planned unit development. A land development composed of separate elements which has been designed from the beginning as a unit. This may apply to a shopping center, an industrial park or a residential development, especially one containing a variety of housing types and recreational and shopping services for the residents. Premises. Includes vacant or unimproved land and the buildings erected thereon within the confines of a specified zone. Primary use. See "permitted use." Principal building. T he building occupied by the chief or principal use on the premises. When a garage is attached to the principal dwelling in a substantial manner as by a roof or common wall, it shall be considered as a part of the principal dwelling for the purpose of computing yard requirements. Principal use. See "permitted use." Processing. Any operation changing the nature of material or materials such as chemical composition or physical qualities. Does not include operations described as fabrication. Regulatory [ioadway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulativsly increasing the "vater surface elevation more than one foot at apy point. Repair. The replacement of existing work with equivalent materials for the purpose of its maintenance, but not including an addition) change or modification in construc- tion, exit facilities or permanent fixtures or equipment. Requirements. See "conditions." Residential uses. T he use of real estate, buildings or structures, or any portion thereof, by individuals for whom sleeping accommodations are provided, with or without dining facilities. 2067 ---PAGE BREAK--- Ii 31-3 LEWISTON CODE Rest home (nursing home, convalescent home, home for the aged). See "nursing home." Retail. Sale to the ultimate consumer for direct consump- tion and not for trade. Retaining walls. Any masonry, reinforced concrete, reinforced masonry, structural plain concrete, steel encased in concrete or masonry 'Nood, or stone wall used to keep a bank of earth from sliding, prevent water [rom flooding, or to increase the elevation of land. Roof. The roof slab or deck with its supporting members. Roof structure. A structure above the roof of any part of a building enclosing a stairway, tank, elevator machinery or service equipment, or such part of a shaft as extends above the roof, and not housingL] living or recreational accom- modations. Rooming hou.se. A building or group of attached or detached buildings containing in combination three to nine lodging units for occupancy for weekly or longer periods with or without board, as distinguished from hotels and tourist homes in which rentals are generally for daily or weekly periods and occupancy is by transients. S etback . The required distance and the land resulting therefrom between a street line and the closest possible line of conforming structure. Sign or billboard. See "display sign." Special flood hazard area. An area having special flood or flood related erosion hazards, and shown on the flood insurance rate map as Zone A, Al-99. Spot zoning. A zoning amendment which permits a small "island" of land for more intensive use than permitted on adjacent properties. Spot zoning is invalid where some or all of the following factors are present: A small parcel of land is singled out for special and privileged treatment; 2068 ---PAGE BREAK--- ZONING § 3\ -3 The singling out is not in the public interest but only for the benefit of the o,m er; T he action is not in accord with the comprehensive plan. S tory. The part of a building comprised between a floor and the 1100r or roof next a bove. A mezzanine shall be considered a story if it exceeds thirty-three and one-third (33 1/3) per cent of the area of the 1100r immediately below. A penthouse shall be considered a story if it exceeds one thousand (I ,OOO) square feet or thirty-three and one-third (33 1/3) of the roof area. The basement of a building, other than a single-family house, used for additional occupancy shall be considered a story if it is used for purposes other than storage or heating. Street. A public way laid out and established by the State of Maine, County Commission of Androscoggin County, or city, or accepted by the city council of the City of Lewiston as a street or public easement under Chapter 24 of this Code, or a way shown on a plan of a subdivision duly approved by the planning board and for which a performance guarantee has been posted. Street line. A lot line dividing a lot from a street. S tructure. A combination of material to form a construc- tion that is safe and stable, including, among others, buildings, stadiums, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks and towers, swimming pools (above and below ground), trestles, piers, wharves, sheds, coal bins, shelters, fences and display signs; the term "structure" shall be construed as if followed by the words "or part thereof." T enement house. See "apartment house." Tourist home. See "dwelling, lodgings and related terms." Use. See " permitted use, conditional use and accessory use. " Used. The word "used " shall be construed to include the words "arranged," "designed," "converted," "rented" or "leased to be used." Supp. No. 10 2069 ---PAGE BREAK--- ~ :11-3 LEWISTON CODE Variance. A special exemption to do what would otherwise constitute a violation of this chapter, which is granted where strict application of a provision of this chapter would cause undue ha.rdship. Warehousing. The storage of goods, wares and merchandise in a warehouse. Wholesale. Sale for resale, not for direct consumption. Wind energy conversion system. (WECS). A device which con- verts wind energy to electrical or mechanical energy and including a su pporting tower. Yard, front. The open, unoccupied space, within and extending the full width of the lot, between the street line and any part of the building nearest to such line. Yard, rear. The open space, unoccupied except for permitted accessory buildings, running the full width of the 101., between the nearest part' of the rear wall of the building chlroughout its height and the rear line of the lot. In the case of a IOlt on the corner of two or more streets, either lot line not bordering on a street may be elected by the owner to be the rear line, provided he notes the same on his/her plans as officially filed with the building inspector. In case of a go"e lot (triangular) between two streets meeting at any an i~ le of ninety (90) degrees or less, the lot line which is not also a street line shall be considered a side lot line and not a re,er lot line. Vard, side. The open, unoccupied space within the lot between a side lot line or its vertical projection and the parts of the build ing nearest to such side line. Such a side yard shall e:'s to defray the expenses connected \.viLh the maintenance of open spaces and neighborhood recreational facilities. The developer or subdivider sha ll maintain cont rol of such open spacers) and be responsible for their maintenance until development sufficient to support the association has taken place or. alternatively, the objectives of clusteri ng have been met. Such determination shall be made by the planning board upon request of the neigh bor- hood association or the developer or subdivider. (ll) For the purposes of this section, the t.ract or parcel of land involved must be either in single ownership or the subject of an applicat ion filed jointly by the owners of all the property inciuded. (12) For the purposes of this section, accessory uses may be included as an integral part of t he plans for the development, retail and s€i"Vice facilities for t he convenience of residents on1y; provided, however. that in the opinion of the planning board such fac ilities are in no way cont1icting with the Comprehensive P lan of the City of Lewiston. (13) The developer shall present a letter from the police department assuring pedestrian and vehicular safety and efficient traffic circulation. (14) T he developer shall present a letter from the fire department regarding the convenience of access to the development and the ability to service the develop- ment, in C9.~ E of fire. Supp. No.9 2137 ---PAGE BREAK--- * LEWrSTON CODE (15) In a residential planned uuit development (PUDl, the de- veloper may, in addition to fulfilling the provisions for a subdivision, cluster subdivision or condominium develop- ment, propose to service a PUD containing at least three principal buildings, by means of privately constructed ~lnd l1l.uintained utiJities and streets ancL'ol' to locate more thac. one principal building on a single lot, in which case the roltovling provisions apply· Mi nimum parcel size for a PUD shall be five acres. Such parcel shall meet all applicable requirements for the. zone in which it is located. No fewer than three dwelling units per principal building shall be permitted. The maximum number of dwell ing units per building and the maximum num- ber of dwelling units in the PUD shall correspond to that which is permitted in the zone in which the PUD is to be located, excluding land to be dedicated for streets, walkways, service or parking areas. Front yard requirements shall apply only to those build- ings located on a public street. Rear and side yard requirements shall apply to those buildings facing the rear or side property line of abutting parcels of land. Open space between unattached principal buildings shall not be Jess than the height of the higher of said unattached buildings. Open space equivalent to at least twenty-five (25) per cent of the parcel area shall be dedicated for recrea- tional or other outdoor living purposes as described in scdion 31-20I BX8). Such open spoce shall be exclusive of land to be used for streets, walkways, service and parking areas and s~la ll be shown on a development plan as described in section 31-20tB)(9). If such PUD consists of individually owned dwelling units, a neigh- borhood association as described in section 31-20tBXlO) or, in the case of a condominium, a unit owners' asso- ciation as required LInder M.R.S.A. Section 33, Chap- ter 31 , as amended, shall be established. Supp. No.9 Where a PUD is proposed to be serviced by a privately constructed, owned and maintained street and/or uti1- 2138 ---PAGE BREAK--- ZONING ~ 31·20 jlies, such street or utilities need not meet the desig n and construction standards as established by the city if the planning board determines. upon recommenda- tion of the director of public works, fire chief and police chief, that such street or utilities are adequate to protect the public health, safety and welfare and are sufficient to meet the present and futuro needs and purposes of the PUD. In the case of a PUD in which dwelli ng units are to be individually owned, a neighborhood association such as that described in section 31-20(B)(1Q) or, in the CHse of a concionlinium, a unit owners' association, as required in M.R.S.A. Sec- tion 33, Chapter 31, shall be established. Such associ- ation shall be required to establish an account to be funded by annual charges sufficient to maintain, re- pair and, when needed, reconstruct such private stref;ts and/or utilities on a regular basis. Where possible, buildings shal l be oriented with l'e- spect to scenic vistas, natural landscape featnres, nat· ural drainage areas, and contigLlous J'esidential areas. Development proposals shall inc! ude a landscape plan which sets forth the proposed treatment of open space, streets, paths, service and parking areas. Screeni ng devices shall not impair pedestrian and vehicular safety. All utilities shall be installed underground wherever possible. All transformer boxes, substations, pumping stations and meters shu ll be located and designed so as not to be 01' hazardous to the public. Each building shall be an element 'of an overall plan for site development, however, this shall not pl'eclude the phased development of a PUD, except that each phase shall independently meet the requirements of this section. (kl Supp. No.9 For the purposes of this section, accessory uses may be included as an integral part of the plan for the devel- opment, inc 1 tldi ng l'eta i! and sel'V iee fae i I i Lies for the convenience of residents on ly; provided, however, that in the opinion of the planni ng board, s Llch facil ities are in no way eonl1icti ng with the comprehensive plan orthe City of Lewiston. 2138.1 ---PAGE BREAK--- dl It. tlll-:' Intl:'J1\ (If this sp(:linl1 dInt a PlfD will be ':evicwed f;Ol'U'lTPnUy \vith '.md a~ Hll ini egTa l part of C 3ubdivi!:>ion. ':ius,i;:-r i vi~ lOll 01' condOlniniulY!.. as ,11 itUil:~ uiTl'("iirLI' the design. construc- tion and 0!r11 1'01 D PlJD sh;·111 clp~'1r ider.tii'lt'd and '-toted. n:qu!l'f'r1. on the f ~l:d plan pr ior to approval h:v tilt;: pL.tJ111int.: lJl);lrd. 1.'.11, . llct' 1\ : 1111a'Oj. "le ~ , ~ , ! 1.1 11I'O\ t;;jq{):i Id' thl:' 'ii"C'(UIl :')!Hull'uL L'l' by lhe city unl{~st-:, in t1w OlJil!iUll or thl~ director or public the:, "n Hnd in such a condition il:-; to meet ,111 l::ilumlan.ls for acceptance in effed at tiH' time of prop!1~prl accl?planel' and, in the (DI111011 of' fll'( ('hief ftnd chipf. do not present " [raffic safety or fil't: ha:t,;l\'rl. NnLhing in this section "h8li prew:'nt tht' dc\'c·loper or ~UCCE'ssor from re· c(instl'ltdiIU~ OJ i'llpl'oving ~Iwh priv:lLe streets and/or 1.ltilili so to n1('el the :'hHJ'l:lrd~ tn!' ~1c ce ptance as descrihed APPLICATION OF REGULA'l'lONS. (lJ Ar:ter:al setback. All structures, except display signs, walls, gas pumps and fences, along major traffic arteries and collectors shall be sd buck from the street lines at least forty (40) feet. The following streett or pmt::; thereof, require said setback: L Li3bo StrG8t: Drew Street to L isbon Town Line; 2. Main Street: Stetson Road to Greene Town Line; 3. Sabatt s Screet; Fond Road to Sabattus Town Line. No new building or 3tr\1cture shall be constructed or m.ed, in whole or in part, and no building or structure, o! part thereof, shall be alte)·ed, enlarged, reconstruct- ed or used. and no land shall be used for any purpose OJ' any ma!lner unless In cO ~lforrrIi f'y with the Supp. g ---PAGE BREAK--- ZONING * 31·20 prOVISIons, regulations and restrictions of this chap- ter. All buildings, structures and uses of land or of buildings and structures which do not meet the requirements of this chapter become lawfully noncon- forming. When a lot is situated in part in the City of Lewiston and in part in an adjacent municipality, the provisions, regulations and restrictions of this chapter shall be applied to that portion of such lot as lies in the City of Lewiston in the same manner as if the entire lot were situated in Lewiston. No new building or structure shall be erected, other than appurtenant buildings or structures except on a lot which fronts on an accepted street or on an accepted public easement. All buildings and other structures shall be so located and arranged on lots as to provide safe and convenient . access for fire protection , servicing and off-street parking and loading located on the prem- Ises. Supp. No. 10 2138.3 ---PAGE BREAK--- " ---PAGE BREAK--- ZONING § 31-20 Land within the lines of a street on which a lot abuts shall not be counted as part of such lot for the purposes of meeting the area requirements of this chapter even though the fee to such land may be in the owner of such lot. Any single vacant lot existing prior to the adoption of this chapter and not adjoined by other vacant land of the same owner may be built upon as a matter of right, provided such lot shall conform to the yard requirements of this chapter. Any two or more vacant mutually adjoining lots, either of which is nonconforming, lawfully existing and in common ownership prior to the adoption of this chapter shall be grouped to provide one lot con- forming, as far as possible, to the area and width requirements of this chapter, which one lot may be built upon as a matter of right subject to the yard and maximum building area requirements of this chapter. Any excess lot or lots, if not sufficient to be a conforming lot, shall be made part of the one lot. No division of land in any zone shall be made whereby the remaining land, if any, excluding the lot or lots to be sold or established under separate deed, shall be smaller than the minimum size provided for the zone in which such remaining land is located, or have less width and yard space than the minimum provided. (10) Any land taken by eminent domain, or conveyed for a public purpose for which the land could have been or was taken by eminent domain, shall not be deemed to be transferred in violation of the area, width and yard space provisions of this chapter. (11) No lot shall be so reduced that the yards, courts or other open spaces shall be smaller than prescribed by this chapter. No yard, court or other open space shall, at any time, be counted as required open space for more than one building. (12) On a corner lot in any zone, a building or structure may face either street, and the front yard shall be 2139 ---PAGE BREAK--- § 31·20 LEWISTON CODE between the principal building or structure and the street on which the building or structure is to be numbered. The side yard, between the building and side street, shall meet front yard requirements of the applicable zone. Additionally, the rear yard , between the principal building and the abutting property on the side street, shall meet side yard requirements of the applicable zone. (13) Where a lot containing ten thousand (10,000) square feet or less is completely surrounded by streets or alleys, the building area may be increased twenty (20) per cent. (14) Uses similar to but not specially mentioned or covered by any general category of permitted or conditional uses shall be allowed as conditional uses upon a determination by the board of appeals that the proposed use is similar to and compatible with other useH permitted in that zone and meets the special requirements for conditional uses in section 31-26 of this chapter. (15) The minimum lot area and minimum lot width for all lots where public or private community sewerage is not available shall be the same as provided in an R3 zone, section 31-9(D), except in those areas where a larger minimum lot area and minimum lot width are specifically required. (16) No building shall be erected, altered or used and no premises shall be used for any use which, by noxious exhalations, offensive smells or other annoyances becomes injurious, dangerous, noxious or offensive to the health, comfort or property of individuals or of the public. PARKING AND/OR STORAGE OF CERTAIN VEHICLES PROHIBITED IN SPECIFIC ZONES. Mobile homes. The parking or storage of any mobile home in all zones except the Commercial Zone is hereby prohibited, except on a sales lot , or at an establishment for service, maintenance or repair while 2140 ---PAGE BREAK--- ZONING § 31 -20 such operations are being diligently pursued, or at a mobile home manufacturing plant, or in a legally authorized junkyard, or as authorized by sections 31-33 and 31-34 of this chapter. Commercial trailers. A commercial trailer or semI- trailer shall not be parked or stored in any residen- tial, apartment or transitional zone. Commercial vehicles. The parking of a commercial self-propelled vehicle in any residential, apartment or transitional zone is prohibited, except that one commercial vehicle with a manufacturer's rating of not more than one and one-half ton may be parked on any lot on which there is located a main building, provided that such vehicle is used by a resident of the premises. This regulation shall not be interpreted to prohibit commercial vehicles from loading and unloading in any residential, apartment or transitional zone. Major recreational equipment. Definition. "Major recreational equipment" is defined for the purpose of this chapter as including nonresident trailers, boats and boat facilities, and combinations thereof, off-the-road vehicles and their trailers, and combinations thereof, and other similar equipment, and cases and boxes used for transporting recreational equipment, whether occupied by such equipment or not. Parking or storage as accessory to residential use. Parking or storage of major recreational equip- ment shall be permitted as accessory to principal residential use only in accord with the following limitations: 1. Unless stored in a garage, carport or accesso- ry building, such equipment shall be parked or stored behind the nearest portion of any building to the street; provided, however, that parking shall be permitted anywhere on the premIses or on adjacent streets (if otherwise 2141 ---PAGE BREAK--- § 31-20 LEWISTON CODE lawful) for not to exceed twenty-four (24) hours during loading and unloading, and further provided; 2. In any side yard not adjacent to a street, no such equipment may be parked or stored if it exceeds twelve (12) feet in height above the ground; provided, however, that masts, anten- nas, ventstacks, windshields or other minor accessories may exceed this height limit; 3. Equipment exceeding the limitations set forth in the paragraph above may be parked or stored outdoors only in the rear yard. Any equipment so stored will be subject to these requirements concerning accessory buildings set forth in the special requirements of the applicable zone; 4. No such equipment parked or stored on a residential lot shall be used in such location for living, sleeping, housekeeping or business purposes. Other parking or storage. Except as indicated above, major recreational equipment not in use may be parked or stored only as follows: At plants manufacturing such equipment; At establishments engaged in the sale of such equipment; At establishments for service, maintenance or repair of such equipment while ""ch operations are being diligently pursued; At facilities for the active use of such equipment , provided that areas and/or structures for parking or storage shall be appropriately located, improved and, if necessary, screened or fenced; At automobile parking stations; At commercial garages; At legally authorized junk, scrap or salvage yards_ Maintenance of major recreational equipment stored outdoors. Except when in legally authorized junk, 2142 ---PAGE BREAK--- ZONING § 31·20 scrap or salvage yards, major recreational equi pment stored in the open shall be maintained in condition for safe and effective performance of the function for which it is intended, or can be placed in such condition at a cost not exceeding the value of the equipment in its existing state. In no case shall such equipment be stored in the open, other than in legally authorized junk, scrap or salvage yards, for a period of more than six months if not in condition for safe and efficient performance of the function for which it is intended. HEIGHT. Excluded portions of structures. The height limitations of this chapter (except as provided below) shall not apply to any penthouses or roof structures for the use of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, nor shall it apply to church spires, belfries, cupolas, domes and monuments, water towers, fire or parapet walls, skylights, steeples, roof signs, flag poles, chimneys, smoke stacks, radio or television towers, silos or similar structures which may be erected above the height limit. The foregoing provisions shall not be interpreted to permit a fire or parapet wall to extend more than four feet above the roof. Aviation hazards prohibited. No structure in any district shall be erected which exceeds the maximum height permissible under the federal air regulations of the Federal Aviation Administration. SEMIDETACHED DWELLINGS-SIDE YARDS. For the purpose of side yard regulations, semidetached two-family dwellings with common party walls shall be considered as one building occupying one lot. . PROJECTIONS PERMITTED IN REQUIRED YARDS AND COURTS. Porte cocheres and covered unenclosed porches permit- ted in required side or rear yards. Porte cocheres and 2143 ---PAGE BREAK--- § 31-20 LEWISTON CODE covered porches, open on the three sides except for necessary supporting colun1ns and customary ar- chitectural features, shall be permitted in required side or rear yards, provided that no such structure shall project closer than two feet to any side lot line, that no such structure shall project into any yard required adjacent to a street, that no such structure shall be more than one story in height or more than twenty-four (24) feet in length and that no such structure shall project more than six feet into any required rear yard. Unenclosed porches and the like which are not covered. Unenclosed porches, landings, terraces, patios or platforms which are not covered by a roof or canopy and do not extend above the level of the first floor of the building (except for railings and railing supports) may project into any required front, side or rear yard or court not to exceed eight feet. Covered front porches. No porch covered by a roof shall project into any required front yard, except a minor entry porch, which shall not be more than six feet in width and shall not project more than six feet into such yard except that the maximum width may be increased three feet for each separate external entranceway served by said porch. Architectural features, chimneys, air conditioners. Cornices, eaves, belt courses, sills, canopies or othel' similar architectural features (but not including bay windows or vertical projections) may project into a required side yard not more than eighteen (18) inches, but not closer than three feet to the side lot line, and may extend into a required front or rear yard not more than thirty-six (36) inches. Chimneys and air conditioners may project into any yard not more than eighteen (18) inches, but air conditioners rated at twenty-four thousand (24,000) B.T.U_ or less shall not be so placed as to discharge within five feet of side yard lines, and those rated over twenty-four thousand (24,000) B.T.U. to discharge air within twelve (12) feet 2144 ---PAGE BREAK--- ZONING § 31-20 of side yard lines, other than side yard lines adjacent to streets. Open, unenclosed fire escapes. Open, unenclosed fire escapes may project not more than four feet into any required yard, but shall not project closer than three feet to any side lot line. Notwithstanding the requirements of section 31-20(GX5Xa) above, a fire escape required under the National Fire Protection Association Life Safety Code and measur- ing no more than twenty-two (22) inches in travel width, may be located within one foot of the side or rear lot line if, in the opinion of the building inspector, such fire escape cannot be safely located as described in section 31-20(GX5Xa) above. Open stairways and balconies. Open, unenclosed stairways or balconies, not covered by a roof or canopy, may extend or project into a required rear yard only, not more than four feet, but shall not be within three feet of any property line. SPECIAL FLOOD HAZARD AREAS. Statement of Purpose. The purpose of this section is to promote the public health, safety and general welfare, and to minimize public and private losses due to flood condit ions In specific areas. Adoption of Flood Hazard Area Delineations. Supp. No.5 The areas of special flood hazard identified by the Federal Insurance Administration in a report entitled "The Flood Insurance Study for Lewiston, Maine," dated March, 1979, with accompanying Flood Insurance Rate Maps and Flood Bound- ary- Floodway Maps is hereby adopted by refer- ence and declared to be part of this section. The Flood Insurance Study is on file in the City Clerk's Office, the Code Enforcement Office, and the Department of Development. 2145 ---PAGE BREAK--- ,31·20 LEWISTON CODE T he floodwa.vs delineated on the Flood Boundary- Floodway Map are hereby adopted as regulatory t100dways to safely carry the waters of the base flood. Speciai Requirements. In Special Flood Hazard Areas, new buildings or structures shall be constructed or used in whole or in part, and buildings or structures or parts thereof, shall be altered, enlarged, reconstructed or used, and land shall be developed or used for any purpose or in any manner only when in compli- ance with the terms of this section and other applicable regulations in addition to the require- ments of the applicable zone: Supp. No.5 L Same as provided in the Resource Protection Zone, section 31-19(D), except that section 31-19(D)(l)(d) shall not apply. 2. No encroachment, including fill, new con- struction, substantial improvements and other development, is permitted in the regulatory t100dway that would result in any increase in flood levels during the occurance [occurrence] of the base t100d discharge. 3. All mobile homes located within any A Zone on the Flood Insurance Rate Map shall be anchored to resist flotation, co ll~pse or lateral movement by: Over-the-top ties anchored to the ground at the four corners of the mobile home, plus two additional ties per side at intermediate points (except that mobile homes less than fifty (50) feet long require only one additional tie per side), b. Frame t.ies at each corner of the home, plus five additional ties along each side at intermediate points (except that mobile homes less than fifty (50) feet long require only four additional ties per sidel. 2146 ---PAGE BREAK--- ZONING 131·20 c. All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4.800) pounds. and d. Any additions to the mobile home be similarly anchored. 4. All mobile homes located within any A Zone on the Flood Insurance Rate Map shall meet the following requirements: a. Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; b. Adequate surface d rainage and access for a hauler are provided; c. In the instance of elevation on pilings: L Lots are large enough to permit steps; 2. Piling foundations are p laCed in stable soH no more than ten (10) feet apart; 3. Reinforcement is provided for piers more than six feet a bove ground leveL REGULATION OF GROUP CARE FACILITIES. Density regulation of Types " A" and group care facilities is intended to permit the location of such facilities within t.he community yet ensure that they will not become overly concentrated in neighborhoods. thereby adverseiy affecting neighborhood character or t he beneficial impact of these facilities on client groups: Minimum distance between premises abutting a common street or alley. Twelve hundred (1200) feet measured along the shortest straight line between the main entrances of each facility. Minimum distance between premises not abutting a common street or a lley. Eight hundred (800) feet measured along the shortest straight line between the main entrances of each facility. Supp. No.5 21 47 ---PAGE BREAK--- § 31·20 LEWISTON CODE Location regulation of T ype " 8" group care facilit ies is intended to minimize the adverse impact of Type group care facilities on public or private nonprofit schools. Minimum distance between T ype group care facility and public or private nonprofit school. Three hundred (300) feet measured a.long the shortest straight line behveen the main entrances of each facility. RE:GULATJON OF WIND E:NERGY CONVERSION SYSTEMS Statement of Purpose. Regulation of wind energy conversion systems is intended to permit the location of such devices within the community while ensuring that the public health, safety and welfare is not adversely affected. Requirements. Setback WECS shall be set back from all lot lines a min· imum distance equivalent to the distance between the ground level elevation and the highest point on the WECS plus ten (10) feet. Access. All WECS shall be protected against unautho- rized access by one or more of the following: Anti-climbing shroud; (ii) Removal of tower climbing apparatus to a height of at least ten (10) feet; (iii) Fence of at least six feet in height; or (iv) Other device approved by the building inspector to prevent unauthorized access. Automatic shutdown. All WECS shall utilize a clutch, feathering device, brake, overspeed control or similar device, either single, or in combination, to automatically shut down the WECS when wind speed exceeds forty- five (45) miles per hour. Installation on buildings. A WECS shall not be installed upon or attached to any building or structure, except a tower integral to the WECS, except when the board of appeals determines under the special requirements for SIJPP. No. 5 2148 ---PAGE BREAK--- ZONING § 31-20 conditional uses in section 31-26 of this chapter, that said building or structure is capable of safely support- ing a WECS and that a WECS installed or attached in such a manner shall not present a safety hazard to the neighborhood. Density. One per lot except as authorized by the board of appeals upon issuance of a conditional use permit. (D Certification. All plans for the design and installation of a WECS shall be certified by an engineer or archi- tect registered in the State of Maine to perform such analyses as to the safety and integrity of design and installation and compliance with the requirements of section 31-20(J)(3)(b), and Inspection. A WECS shall be installed only upon issu- ance of a building permit. The building inspector shall perform periodic inspections during the installation of a WECS, which shall include, but not be limited to, inspection of all tower anchorage prior to backfilling, inspection of the tower installation prior to attach- ment of the energy conversion device, and upon com- pletion of the WECS installation. The applicant shall ensure that each required inspection is completed prior to proceeding with the next stage of installation. Noise. Excessive noise created by the action of a WECS may be declared a nuisance. Location. WECS shall be permitted in all zones except the Central Business District "CBD" Zone, the Urban Com- mercial uUC" Zone, and the Apartment "Apt." Zone. REGULATION OF ADULT BUSINESS ESTABLISHMENT. Density regulation of adult business establishments is in- tended to permit the location of such establishments within the community, yet ensure that they will not become overly concentrated in neighborhoods or areas, to the detriment of other uses. The minimum distance between an adult business es- tablishment and any two other adult business es- tablishments in the same or in an adjoining zone shall be as follows: Supp. No. 10 2148.1 ---PAGE BREAK--- !i 31-20 LEWISTON CODE Urban Commercial, Central Business Zones: Three hundred (300) feet. (ii) Commercial Zone or any other zone in which such use is located: Five hundred (500) feet. The minimum distances as described above shall be measured along the shortest straight line between the main entrances of each such use. (Code 1970, as amended, § 29-17; Ord_ No_ 79-18, 10-4-79; Ord_ No_ 79-26, 9-25-79; Ord_ No_ 80-20, 2-14-80; Ord_ No. 80-28, 5-18-80; Ord_ No_ 80-38, 9-18-80; Ord_ No. 80-39, 9-18-80; Ord_ No. 81-24, 12-10-81; Ord. No_ 83-16, 12-15-83; Ord. No_ 84-14, 12-20-84; Ord_ No. 84-15, 12-20-84; Ord. No. 85-18, 12-19-85; Ord. No. 87-6, 3-17-87) Sec. 31·21. P rocedure for hearing appeals_ WHAT ONE MAY APPEAL TO Tim BOARD. The board of appeals shall: Hear any written appeal by any person affected directly or indirectly by any decision or failure to act of Lhe building inspector. Heal' any written appeal from a petitioner who seeks a van ance. Hear any written appeal from a petitioner who seeks a conditional use permit. HOW TO APPEAL TO THE BOA RD. Written petition for appeals shall be fi led with the bui lding inspector within· thirty (30) days after the date of hi' decision. A petition shall be in letter form addressed Lo Lhe board of appeals: If the petitioner is the applicant for the permit, t.he peti- tion for appeals shallreflecL the following information: StJ'eet address of the property in question; (bl The legal name and address of the owner of the prop- erty involved; Supp. No. to 2148.2 ---PAGE BREAK--- ZONING § 31·21 The legal name. -"l1d _'-,-"uk, i,r<;mtoo!. Supp. No.7 2148,3 ---PAGE BREAK--- ---PAGE BREAK--- ZONING § 31·22 If the petitioner is a protesting party other than the applicant for the permit, the petition for appeals shall reflect the following information: Street address of the property in question; The legal name and address of the protesting party other than the applicant for the permit, which address shall be used by the board of appeals for all correspondence thereunder; Descript ion of the property in question; A description of the activity for which a permit was issued by the . building inspector and a statement of the reason or reasons why the petitioner believes the permit should have been denied. The fee for filing an appeal shall be set by the city council on the recommendation of the building inspector. SUCCESSIVE APPEALS TO THE BOARD. If the board of appeals shall deny an appeal respecting certain buildings, structures or premises, a second appeal of a similar nature shall not be brought before the board within three months from the date of the denial of the board of the first appeal, unless, in the opinion of a majority of the board, substantial new evidence shall be brought forward, or unless the board finds, in its sole and exclusive judgment, that an error or mistake of law or misunderstand- ing of facts shall have been made. (Code 1970, as amended, § 29- 19; Ord. No. 80-20, 2-14-80) Sec. 31-22. Administrative action upon written ap- peals. All hearings shall be held at the next regular meeting of the board of appeals, unless otherwise arranged between the petitioner and the board of appeals, after the notice period established in paragraph below shall have expired. The Building Inspector shall serve notice of required public hearings detailing subject time and place of hearing a 2149 ---PAGE BREAK--- § 31 ·22 LEWISTON CODE reasonable time in advance of the hearing, which shall be construed to mean at least seven days before the date of such h.saring, to the following: Each member of the board of appeals; The petitioner, the planning board, the build ing inspector, and such persons shall be made parties to the action; The owners of property within three hundred (300) feet of all the frontage on both sides of the street and all landowners whose property touches upon t he lot involved in the appeal. Fot the purpose of this notification, the owners of property shall be considered to be the parties listed by the chief assessor as those against whom taxes were assessed. Failure of any property owners to receive a notice of the public hearing shall not necessitate another hearing and shall not invalidate any action by the board of appeals. Anyone may appear at a public board meeting/hear- ing', be represented by his/her agent or be accompanied by an attorney. When an appellant does not have an attorney, thE' chairman shall insure that t he provisions of the zoning chapter applicable to the appeal are understood by the appli.cant or appellant. This should include an indication of till' type of eviden ce necessary to prove error on the part of thE' building inspector, to justify granting a variance or to justify the issuance of a conditional use permit An appellant, or his{her agent or attorney, must appeal' at the scheduled meeting/hearing at which the SUbjE'ct case is to be heard. Failure to appear shall require thE. board to dismiss the case with the appellant receiving wr:itten notification of this. Reinstatement of the case shall be allowed upon the filing of a written request within thirty (30) days after the dismissal notice. Reinstatement shall be allowed only after the showing of good cause and upon payment of any required fees incurred from readvertising thE. ~ase . 2150 ---PAGE BREAK--- ZONING §~11 - 2,1 A continuance may be granted to an appeilanl where good cause is shown if he/she is unable to present h is/her evidence at the scheduled meeting/hearing. (Code 1970, as amended, § 29-21; Ord. No. 80-20, 2-14-80) Sec. 31-23. Action by the board of appeals on an appe al. The board of appeals shall affirm, modify or set aside, within sixty (60) clays from the date of filing, the appealed decision of the building inspector by interpretinl( that provision of the ordinance which has been called into question. The failure of the board of appeals to issue a written notice of its decision, directed to t he appellan t, as required by Section 2411 of T itle 30 of the Maine State Revised Statutes Amended constitutes a denial of the appeal. If the board of appeals fi nds that the building inspector correctly interpreted and applied the provisions of that ordinance, the board shall affirm his decision, ex.cept when an appeal raises the issue of a variance, in which case the board of appeals may grant a variance in accorda nce with section 31-24 of this chapter, or except when an appeal . raises the issue of a conditional use, in which case th e board of appeals may issue a conditional use permit in accordance with section 31-25 of this chapter. The board of appeals may act on its own initiative to vary, tnodify or reverse any decision of the building inspector. Any right, including but not limited to varia nces, conditional use permits and changes or extensions of nonconforming uses, secured by action of the board of appeals on an appeal shall expire if the work or change involved is not begun within six months and substan- tially completed within one year of such action, provided however, the board may grant one or more extensions of tinle, no one extension to exceed one year, if, prior to the expiration of the applicable time, the petitioner files a written request with the board stating the reason for such request. Notwithstanding the above, the board mBY l(rant an extension of time not to exceed two additional years on Supp. No.9 2151 ---PAGE BREAK--- ,EWl.STON CODE t h Lla"(t; , act.ion on 0.,1 appaal If the pet ition for appeals r·3':iuE.jt~) mtt enaion. In all cases, th,~ burden of proof sb El; be on the petitioner to demonstrate that., under the .:.it"eUi::,L c..d.llCe;;;: the work or change involved cannot l'eason- a be begun, or substantially completed, within the applicable tirne. iD) Vana l1 conditional lise permi Ls, anu challg"es 01' 0:..:ren· ;"jJOW., pf nunconforming uses may be granted only by the afTirma- l~ '.'orc or two-third::; l~:d of the members of the board of appeals p l'e~;ent. ,mel voti ng. Howe\'el', the conculTing' voLe of at least foul' n1E'mbel's is required to constitute an act.ion on any val'iance, conditional USe perm it. 0 1' changes or extensions of' nOl1Collf'Ol'm· in", usc,. !Code 1970, a, "mended, ~ 29-22; Ord. No. 80·20, ~ - H· 80; O,·d. No. 86·5, 5-1-861 S ec. 31-2,·t. Variance. {It) T he board of appeals' power to grant a VarIance IS limited to: (I } Allowing, in a zone, construction, additi{Jn, a l t (~l'a t i o n ur US" of e. building, structure or part thereof, which is not permitted by this chapter; Determining and varying lot area, lot. v;idth , yard :iepdl, the percentage of the lot that may be covered by buildings and structures and the height of buildings and st.ructures. Til,) hoard is not authorized to grant and is hereby c cii"i JIy p rohibited fi'orn granting, any V8l"lEln C€ other I:h G.li t hoDe authorized by t i)is paragraph's first sentence. Additionally, the board of appeals shall aione hear requests CO! variances. C5 ! E ither variance type described above may be gra nted onl,! where strict application of a provision of this chapter would caUBC undue hardship. In considering a variance req u~;st for either variance type, t he board of appeals may g;s.nt a variance if, and only if, all the following conditions are met: 811Pjl. No.9 ---PAGE BREAK--- ZONING * 3) ·24 T he burden of proof is upon the petitioner to demonstrate undue hardship to himself and his property. To meet this burden of proof the pet.itioner must demonstrate the following: Supp. No.9 2152.1 ---PAGE BREAK--- ---PAGE BREAK--- ZONING § 31·24 The physical conditions unique to the specific property involved are of such an extraordinary nature that strict application of the provisions of this chapter to the specific property involved practically destroys or greatly decreases its value for any permitted use to which it can reasonably be put; That the physical conditions relating to petition- ers' property are unique conditions-that is, are not substantially duplicated on other property adjoining or nearby in the same neighborhood or the sam,e zone; The alleged undue hardship is caused by the provisions of this chapter and is not attributed to any act, course of conduct or failure to act of any person presently having an interest In the property; The granting of the requested variance will not adversely affect property adjoining or nearby in the same neighborhood or the same zone insofar as the property is being used in conformity with the provisions of this chapter, and will not alter the essential character of the neighborhood or zone; The granting of the requested variance will not impair the integrity of the Comprehensive P lan of the City of Lewiston; In addition to satisfying through above, a variance from flood plain regulations (section 31-20(H)) for properties located within special flood hzard areas, may be granted only in accordance with the following: A variance shall not be issued within any designated regulatory flood way if any in- crease in flood levels during the base flood discharge would result; A variance may be issued for substantial improvements or new construction to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base 2153 ---PAGE BREAK--- § 31·24 LEWISTON CODE flood level, in conformance with the pro· cedures of paragraphs and of this section; A variance shall only be issued upon a showing of good and sufficient cause; and (ii) a determination that t he granting of a variance will not result in increased flood heights, additional threats to public safety, extraordi- nary puLlit.: expense, create nuiances, cause fraud on or victimization of the public, or conflict with existing local laws or ordi- nances; A variance shall only be issued upon a determination that the variance is the mini- mum necessary, considering the flood hazard, to afford relief; The applicant shall be notified in writing that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance and (ii) such construction below the base flood level increases risks to life and property. If the board of appeals finds that the petit ioner has satisfied his burden of proof as regards provisions l(a), l l and l but that either or both of provisions l and l(e) have not been satisfied, and if the board further finds that the unsatisfied provisions could be met under certain conditions, the board of appeals may grant a variance on these conditions. The board of appeals shall give the petitioner, the planning board, the building inspector, the municipal officers a.nd other interested persons a reasonable opportu- nity to have their views expressed at the hearing on each of the above provisions required for either variance type. In imposing conditions on either variance type, the board may, and is encouraged to, seek the advice of the planning board. [Reserved.] 2154 ---PAGE BREAK--- ZONING § 31·26 Notification of all variances to section 31-19, resource protection zone, shall be submitted to the state planning office. (Code 1970, as amended, § 29-23; Ord. No. 79-15, 8-15-79; Ord. No. 79-31, 11-15-79; Ord. No. 79-32, 11-15-79) Sec. 31-25. Action by board of appeals on a condi- tional use permit petition. A building, structure or use stipulated as a conditional use (exception) in this chapter may not be constructed, added to, altered, moved, changed and/or premises used unless and until the board of appeals shall grant a conditional use permit. The board of appeals alone, and not the building inspector, shall hear requests for conditional use permits and shall grant a conditional use permit only when all general requirements and all special requirements as specified in this chapter have been met. The burden of proof is upon the petitioner to demonstrate that all special requirements for a conditional use permit as specified in this chapter have been met. The petitioner, the planning board, the building inspector, the municipal officers and other interested persons shall have a reasonable opportunity to have their views expressed at the hearing. If the board of appeals finds that an unsatisfied requirement could be met under certain conditions, the board of appeals may grant the individual use permit on those conditions. In imposing conditions on a conditional use permit, the board of appeals may seek the advice of the planning board and/ or other municipal boards and officials. (Code 1970, as amended, § 29-24) Sec. 31-26. Special requirements for conditional uses. A building, structure or use stipulated as a conditional use (exception) in this chapter may not be constructed, added to, altered or changed and/or premises used in any zone unless and until the board of appeals determines that the petitioner has demonstrated that, in addition to meeting all of the general requirements which apply, he has satisfactorily met the following requirements: 2155 ---PAGE BREAK--- § 31·2(; LEWISTON CODE That the condit ional use sought does not cause conflict with the Comprehensive P lan of t he City of Lewi:;ton; That the exception sought does not have a harmful effect on the use of nearby land insofar as that land is being used in conformity with Lewiston ordinances and variances; That the exception sought will neiLll~J' create nor aggravate a traffic hazard, a fire hazard or a paOlc hazard; That the exception will not block or hamper the city plan patterns of highway circulation or of planned major public or semipublic land acquisition; That the exception sought will not alter the essential character of the neighborhood and will not tend to depreciate the value of the property adjoining and neighboring the property under petition, considering the "ize and character of the buildings in the vicinity; That the exception will not unduly restrict the access of light and air to the premises and to adjoining prerOlses; Will not create a hazard to air traffic; Will not create a barrier or undue impediment to municipal officials or to the fire department in per- forming their functions in connection with the preJnises or the adjoining properties; Will not endanger the safety or health of the citizens of Lewiston; Will not make undue demands upon public facilities, especially water supply, sewage disposal, police protection or schools; That the conditional use will not create significant wat.er pollution; That the conditional use will not increase potential flood damage. (Code 1970, as amended, § 29-25) 2156 ---PAGE BREAK--- ZONING Sec. 31-27. Enforcement. BUILDING INSPECTOR. [Reserved.] §3 1·27 It shall be the duty of the building inspector to enforce the provisions of this ehapter. No permit shall be issued for the construction, addition, alteration, removal, demolition or change of use of any building, structure or part thereof, or for the use of any premises unless the plans and intended use indicate that the building, structure or premises is to conform in all respects to the ordinances of the City of Lewiston and the laws of the State of Maine. The building inspector is hereby authorized and directed to make such inspections as are necessary to determinate satisfactory compliance with this chap- ter. The building inspector shall be given free access at reasonable hours to all parts of structure[s] regulated by this chapter. The building inspector shall act upon all written applications for building or use permits required by this chapter signed by the applicant and directed to the building inspector, either by issuing or refusing to issue such permits within thirty (30) days from the date of filing of the application. Notice of refusal to issue any permit shall be given to the owner or to his authorized representative in writing and shall state the reasons for said refusal. The failure of the building inspector to issue a written notice of his decision, directed to the applicant, within thirty (30) days from the date of filing of the application constitutes a refusal of the permit. The applicant may then either appeal the decision of the building inspector to the board of appeals or reapply for a permit after changing whatever conditions led to the original denial. After granting an application, the building inspector shall file with the board of appeals copies of 2157 ---PAGE BREAK--- § lll -27 LEWISTON CODE all permits which he has granted together with one complete set of the plans filed with him. All applications for permits for proposed buildings shall be accompanied by a site and a floor plan submitted in duplicate reflecting the outside contour of all buildings and main bearing partitions and location of said building on [the] lot- All applications for permits for structures shall be accompanied by a sketch submitted in duplicate of the proposal giving the location of the structure on the property and all dimensions necessary for a clear understanding of what is intended. The building inspector shall upon approval of any application for a building or use permit required by this chapter, furnish the applicant a permit, retain a copy thereof and file copies thereof with the board of appeals, planning director, the city clerk and the chief assessor of the City of Lewiston_ It shall be unlawful to use or permit the use of any building, or part thereof, hereafter erected or altered, wholly or partly, in its use or structure, or of which the yards, courts or other open space of which are in any way reduced, until the building inspector shall have certified on the building permit, and on the certificate of occupancy if none is required, specifying the use to which the building, upon being sufficiently completed to comply with the provisions and regula- tions relating hereto, may be put_ The building inspector is hereby authorized to issue summonses to violators of this chapter who fail tn comply with a se<:ond written notice of violation. VIOLATIONS. Upon the individual initiative of the building inspec- tor, or on any well-founded information in writing from any person aggrieved, or on request by any municipal officer, the building inspector shall make an investigation of the facts and an inspection of the premises where such violations may exist. 2158 ---PAGE BREAK--- ZONING § 31-27 On evidence of any violation after investigation and inspection, the building inspector shall give notice of such violation to the owner or his agent and to the occupant of such premises as hereinafter provided_ Such notice shall be in writing; include a statement of the reasons for its issuance; allow a reasonable time for the performance of any act it requires; be served upon the owner or agent and the occupant of the premises as the case may require, provided that such notice be deemed to have been properly served upon such owner or agent and occupant of the premises when a copy thereof has been sent by registered mail to their last known address, or where they have been served with such notice by any method authorized or required by the ordinances of the City of Lewiston and the laws of the State of Maine_ Whenever, after investigation and inspection, the building inspector finds evidence of a violation which requires immediate action to protect the public health and safety, he may, without notice, issue an order reciting the existence of such an emergency and require that such action be taken as he may deem necessary to meet [the] emergency. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Additionally, the procedure which shall be followed if a dangerous building is found shall be in conformance with 17 M.R.S.A. § 2851 (1965). VIOLATION ABATEMENT. If after such notice and demand (or demand in the emergency situation described in above) such violation has not (been) abated within the time specified, the building inspector shall inform the city attorney, who is hereby authorized and directed to institute any and all actions and proceedings either legal or equitable, that may be appropri- ate or necessary for the enforcement of the provisions of this chapter, the same to be brought in the name of the City of Lewiston. 21 59 ---PAGE BREAK--- §',1·27 LEWISTON CODE PENALTY. Any person or persons, firm or corporation being the owner or tenant of, or having the control or use of, any building, structure, land or premises, 01' [part] thereof, in the City of Lewiston who violates any of the provisions of this chapter, or fails to conform to any of the provisions thereof, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten dollars ($10,00) nor more than one hundred dollars ($100,00). Each day each such violation or failure to comply is permitted to exist after notification thereof shall const itute a separate offense. (Code 1970, as amended, § 29·26; Ord. No, 80-20, 2-14-80) Se . 31-28. Application, validity, severability. APPLICATION, This chapter should not interfere with, abrogate, annul or appeal any ordinance, rule, regulat ion or permit previously or hereafter enacted, adopted or issued pursuant to law; provided, however, that unless specifically excepted, where this chapter imposes greater restrictions its provisions shall controL In , interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety and general welfare of residents of the City of Lewiston, VALIDITY OF SEVERABILITY. If any provision of this chapter is declared invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to that provision of this chapter directly involved in the controversy which gave rise to the judgment and shall not affect or impair the validity of any other provision of this chapter. Nothing in this chapter shall be construed to affect any suitor proceeding now pending in any court or any rights accrued or existing under any act or 2160 ---PAGE BREAK--- ZONING § 31-29 chapter repealed hereby_ Nor shall any right or remedy of any character be lost, impaired or affected by this chapter. (Code 1970, as amended, § 29-27) Sec. 31-29. Amendments to the zoning ordinance. POWER TO AMEND. The power to amend this chapter rests in the City Council of the City of Lewiston. PROPOSED AMENDMENTS. A proposal to amend this chapter may be initiated by: Reference from the City Council; Petition signed by not less than ten (10) residents of the City of Lewiston, eighteen (18) years of age and older; The Planning Board at its own initiative. Any proposal to amend this chapter shall be in writing and shall include the following: Any proposed ordinance which repeals or amends the zoning ordinance shall set out in full the ordinance sections or subsections to be repealed or amended, and shall indicate matter to be omitted by enclosing it in brackets or by striking out type and shall indicate new matter by underscoring or by italics; The enacting clause shall be "The City of Lewiston hereby ordains . A statement indicating the reason(s) for the proposed ordinance. Any proposal to amend this chapter shall be accom- panied by the following: When a person petitions for rezoning of an area for the purpose of development in accordance with the architect's plan, the area shall not be rezoned unless the petitioner posts a performance bond equal to at least twenty-five (25) per cent of the estimated cost of the development_ Said bond 2161 ---PAGE BREAK--- § 31-29 LEWISTON CODE shall become payable to the City of Lewiston if the petitioner fails to begin construction in a substantial manner and in accordance with the plan within one year of the effective date of the rezonIng; In the case of a petition for rezoning or zoning changes, a blackline print of a diagram reflecting the verbal description of the proposed zoning changes and the relation of the proposed zoning changes to the present existing zone boundaries involved shall be presented to the City of Lewiston. AMENDMENT PROCEDURE. The Planning Board shall hold a public hearing on any written proposal to amend this chapter. Public 4earings on proposed amendments initiated by reference from the City Council or by petition as described in Section 31-29(B)(1)(b) shall be held not more than thirty (30) days after the proposed amendment has been submitted to the Planning Board, unless a greater number of days is authorized by the City Council. The Planning Board shall make its report and recommendation on the proposed amendment to the City Council not more than fifteen (15) days after the public hearing has been closed. The failure of the board to issue its report constitutes approval of the proposed amendment. NOTICE OF PUBLIC HEARING. The Planning Board shall give proper notice of the public hearing to the petitioners. Failure of any petitioner to receive such notice of such public hearing shall not necessitate another hearing, shall not constitute grounds for objections by such petitioner and shall not invalidate any recommendation by the Planning Board on such zoning matter. Notice must be served a reasonable time in advance of the meeting which will be construed to mean at least 2162 ---PAGE BREAK--- ZONING § 31-30 seven days before the date of such meeting. Notice shall be by any method of personal service or substituted personal service authorized by the ordi- nances of the City of Lewiston and the laws of the State of Maine. VOTE REQUIREMENTS. If the Planning Board approves a proposed amend- ment to this chapter, either by way of an official report to the city councilor by way of default by failing to issue its report to the city council, the city council may, by affirmative vote of at least four aldermen at a regular or special meeting, duly called, amend this chapter. If the Planning Board disapproves a proposed amendment to this chapter by way of an official report to the city council, the city council may amend this chapter only by a two-thirds (2/3) vote of the city council at a regular or special meeting, duly called. AMENDMENTS AFFECTING THE RESOURCE PROTECTION ZONE. The state planning office shall be notified by certified mail of all proposed amendments to this chapter that would affect the Resource Protection Zone. Such notice shall be made at the same time as the planning board recommenda- tion required by Section 31-29(B) is forwarded to the city council. (Code 1970, as amended, § 29-28; Ord. No. 80-20, 2-14-80) Sec. 31-30. Regulations pertaining to swimming pools. DEFINITION. For the purpose of this section, "swimming pool" shall be defined as follows: A body of water in an artificial receptacle or other container, whether in the ground or above the ground, enclosed, outdoors, used or intended to be used for swimming or bathing and designed for a water depth of thirty-six (36) inches or more. Supp. No. 6 2163 ---PAGE BREAK--- § 31-30 LEWISTON CODE PLACEMENT REQUIREMENTS. No swimming pool shall be constructed closer than ten (10) feet from the side or rear lot line to the water line of said swimming pool. If said swimming pool is located on the street side, it shall not be so located closer than twenty-five (25) reet from th e front or street side lines to the water's edge of said swimming pool. ~NC LOSUR~S . There shall be erected and maintained around every out- door swimming pool, a good quality fence or wall, no less than four feet in height and of a character to exclude children. The exterior walls of an aboveground pool may serve as the required fence, if the following conditions are satisfied. The resulting enclosure shall be of sturdy construction and meet the intent of this section; All stairs, ladders and ramps shall be secured, removed, fenced or otherwise made inaccessible when not in actual use; and The pool wall shall be free of any construction feature or appurtenance which could be used to facilitate ac- cess to the pool. Required fencing shall be so constructed as not to have openings, holes or gaps larger than four square inches, exeept for fences constructed of vertical posts or louvers, in which case, the openings shall not be greater than four inches in width to a height. of four feet, with no horizon- tal members between the top and bottom plates. Doors and gates are excluded from the minimum dimension require- ments. A dwelling house or accessory building may be used as part of such enclosure. All gates or doors opening through such enclosure shall be equipped with a self-latching device for keeping the gate or door securely locked at all times when not in actual use. Any view-obstructing fence shall not be closer than fifteen (15) feet from any street lot line. Supp. No.6 2164 ---PAGE BREAK--- ZONING § 31-30 POOLS UNDER CONSTRUCTION. No swimming pool under construction shall be left unattended without a fence or cover. OTHER POOLS. Any other pool not included in the above definition, must, when not in use, be fenced, drained or covered. CONSTRUCTION PERMIT AND APPROVAL. Before work is commenced on the construction of swimming pools, or on any alteration, addition, remodeling or other improvement to a swimming pool, an application for a permit to construct and the plans and specifications and pertinent explanatory data shall be submitted to the building inspector for his approval, and no part of the work shall be commenced until the building inspector has granted such approv- al by a written permit to construct and has further evidenced his approval by a suitable endorsement upon such plans and specifications. No department of the city charged with the duty of issuing permits for plumbing or electrical work, for sewer connections or for other work in connection with the construction of a swimming pool or the construction of any alteration, addition, remodeling or other improvement to a swimming pool shall issue a permit for a swimming pool until the plans and specifications therefor have been thus endorsed and approved by the building inspector. The building inspector shall review such plans and specifications to determine whether they comply with the provisions of this amendment and with reasonable standards of swimming pool con- struction for the protection of the public safety, health and morals pursuant to this amendment_ The application to the building inspector for a permit to construct a swimming pool or to construct any alteration, addition, remodeling or other improvement to a swimming pool shall be submitted in such forms and be supported with such information and data, as Supp. No.6 2165 ---PAGE BREAK--- § 31·30 LEWISTON CODE well as plans, specifications and pertinent explanatory data, as the building inspector may require. All :lwimming pools, as defined above, constructed previous to the date of this chapter, must comply to the fence regulations stated above. Owners of such pools will have six months in which to comply with such regulations. POOL OCCUPANCY PERMIT. After construction of a pool, a pool occupancy permit must be obtained from the building inspector, and said permit must be displayed near the swimming pooL HEALTH REQUIREMENTS. The owner of property not serviced by the city sewers must obtain a permit from the division of code enforcement before a construction permit will be issued. (Code 1970, as amended, § 29·29; Ord. No. 80·20, 2·14·80; Ord. No. 84·9, 9·21·84) Sec. 31-:11. Walls, fences and corner cutbacks. MAXIMUM HEIGHT OF WALLS AND FENCES. Front yards. No wall or fence in a required front yard may exceed three and one-half (3 ) feet in height, except as provided below. Side and rear yards. No wall or fence in a required side or rear yard may exceed eight feet in height, except as provided below. Corner cutbacks. No wall, fence, building, landscaping or other visual obstruction more than three feet in height is permitted within a corner cutback, except that part of a building more than eight feet in height, which is not otherwise prohibited, and except as provided below. Height measurement. For purposes of this section, the height of walls, fences, buildings, landscaping and other structures shall be measured from the top of the existing curb grade or the crown of the abutting street, whichever is lower. Supp. No.6 2166 ---PAGE BREAK--- ZON ING § 31·31 EXCEPTIONS. Corner cutbacks. Fences not more than three and one-half (3 ) feet in height are permitted in a corner cutback, provided the vertical surface is not more than ten (10) per cent solid. Automobile graveyards and junkyards. Walls, fences or other screenmg surrounding an automobile Supp. No.6 2166.1 ---PAGE BREAK--- ---PAGE BREAK--- ZONING § 31-31 graveyard or junkyard may exceed the maximum height permitted in front, side or rear yards, but not in corner cutbacks, if necessary to meet the requirements of applicable state law. Mobile home parks_ Walls, fences or other screening surrounding a mobile home park may exceed the maximum height permitted in front, side or rear yards, but not in corner cutbacks, if necessary to meet the requirements of section 31-33(E)(7)(c) of .this chapter. Tennis courts. A fence enclosing a tennis court located within the rear half of a lot may exceed the maximum height permitted in side or rear yards, provided the vertical surface of that part of such fence more than eight feet in height is not more than ten (10) per cent solid. Security fencing. Security fencing may exceed the maximum height permitted in front, side or rear yards if required by a governmental agency. HAZARDOUS AREAS. The building inspector may require walls or fences not less than six feet in height along the perimeter of any area that, by reason of the existence on the property of physical hazards, such as frequent inundation, erosion, excavation or grade differential, he determines to be dangerous. BARBED WIRE [BELOW SIX FEET] PRO- HIBITED. No barbed wire fencing is permitted below a height of six feet, except in an agricultural zone. INSPECTION REQUIRED FOR APPEALS. Subject to an on-site inspection by the building inspector, the board of appeals may permit exceptions to this section if in addition to meeting the special requirements for condition- al uses contained in section 31-26, the exception will neither create nor aggravate a safety hazard. (Code 1970, as amended, § 29-30) 2167 ---PAGE BREAK--- § 31-:12 LEWISTON CODE Sec. 81·-32 Retaining walls. GENERAL. Retaining walls may be constructed, altered, added to, or changed anywhere on the lot to the lot line provided the following conditions are met: A fence or wall may be required to prevent a safety hazard, as described in section ~1-~1 The retaining wall shall be located and constructed in a manner that will not create a barrier or undue impediment to municipal officers or to the Fire Department in performing their functions in con- nection with the premises or adjacent properties. Retaining walls may be located in the corner cut-back ai'ea of a lot, provided the height of the wall does not exceed three feet. (Code 1970, as amended, § 29-30.1; Ord _ No. 79-28, 10-9-79) Slec. ]Regulations pertaining to mobile home pa;:ks. PURPOSE. The mobile home park regulations are intended to provide for t.he accommodation of mobile homes in planned, integrated mobile home parks at a standard consistent with the protection of health, safety and general welfare of residents of the City of Lewiston. The mobile home regulations established minimum standards for mobile home parks; including requirements for the design, construction, alteration, extension and maintenance of mobile home parks and related utilities and facilities; authorizing the issuance of permits for construction, alteration and extension of mobile home parks; authorizing the licensing of operators of mobile home parks; authorizing the inspection of mobile home parks, and providing for the enforcement of the regulations and requirements. DEFINITIONS. As used i.n these mobile home regulations: 2168 ---PAGE BREAK--- ZONING § 31-33 License means a written license issued by the municipal officers to operate and maintain a mobile home park under the provisions of the Lewiston Zoning Ordinance and regulations issued hereunder. Mobile home means a vehicular portable structure built on a chassis designed as a single-family dwelling unit suitable for year-round occupancy containing sleeping accommodations, kitchen facili - ties, the same water supply, waste disposal and electrical convenience as immobile housing and with plumbing and electrical connections provided for attachment to outside systems. A mobile home shall be considered as a mobile home whether it is placed on a slab or permanent foundation, whether the wheels are removed, or whether any other action is taken to make it appear as anything but a mobile home. Mobile home lot means a parcel of land for the placement of a single mobile home and the exclusive use of its occupants. Mobile home park means a parcel of land owned by a person which has been planned and improved for the placement of mobile homes for nontransient use. Mobile home stand means a part of an individual lot which has been reserved for placement of the mobile home, appurtenant structures or additions. Permit means a written permit issued by the building inspector permitting the construction, alteration and extension of a mobile home park under the provisions of the lewiston Zoning Ordinance and regulations issued hereunder. Person means any individual, firm, trust, partnership, public or corporation. Submission date shall be the date of the first scheduled planning board meeting occurring at least seven days after the park plans are received by the staff. 2169 ---PAGE BREAK--- § 31-33 LEWISTON CODE USES PERMITTED. Residential mobile homes. The following incidental uses may be permitted in a mobile home park as part of the development if authorized in the approval of the original plan or approved amendment thereof: n 'n ll; g ,..nun o AT' m !:ln",upr ' \ oJ JA..J " ~ H V " . c.:.o - - ' Laundry and restroom facilities; Office (related to operat ion of mobile home park); Personal services; Recreation facilities; Accessory uses customarily incidental to the above uses. All of the above listed uses shall be subject to the standard of subsection USES PROHIBITED. All uses and structures not permitted in subsection are hereby deemed to be specifically prohibited. Additionally, prefabricated houses which are not vehicles but homes designed and built to be transportable from site of construction to site of placement (normally via trailer) yet not designed or intended to be ready for occupancy without major work nor designed or intended to be uprooted and moved on a continuing basis are not mobile homes as defined in this sect ion and are hereby specifically prohibited from all mobile home parks except as a dwelling for t he owner or manager if such dwelling conforms in all respects to the ordinance[sl of the City of Lewiston and the laws of the State of Maine. The following general classifications of uses shall not be permitted to be approved as part of the incidental uses permitted under subsection Industrial uses; Commercial uses except those permitted in subsection 2170 ---PAGE BREAK--- ZONING § 31 -33 PROPERTY DEVELOPMENT STANDARDS FOR MOBILE HOME PARKS. The following property development standards shall apply for all mobile home parks: Size of mobile home park. No parcel of land containing less than four acres may be used for the development of a mobile home park. The minimum number of spaces completed and ready for occupancy before first occupancy is permitted shall be five The minimum number of planned units shall be twenty (20). Building height. Should be in conformance with applicable zone[s] highest use. Yards. General provisions. 1. Yards shall be measured perpendicular to the property line or from a future street or highway line as shown on the comprehensive plan. 2. Yard provisions shall apply to both main and accessory structures. Front yard. Each mobile home park shall have a front yard of forty (40) feet extending for [the] full width of the parcel devoted to said use. Side and rear yards. Each mobile home park shall have a rear yard and side yard on both sides on the parcel devoted to said use of not less than fifteen (15) feet, except that where a side or rear yard abuts a city street, the yard shall not be less than forty (40) feet. Coverage. No requirement. Signs. Sign area. A mobile home park shall be allowed one shadow lighted or unlighted identification sIgn. 2171 ---PAGE BREAK--- § 31-:13 LEWISTON CODE Ground signs. Ground signs shall comply with the Lewiston Building Code, except that they shall not exceed fifteen (15) in height. Sale and rental signs. Mobile home park proper- ties shall be authorized one sale or rental sign while the property is actually for sale or rent. These signs shall not exceed six square feet in area. Access. Mobile home parks shall be permitted only one point of access to each abutting city street, unless the planning board finds that more points of access are necessary to prevent a traffic, fire or panic hazard. All vehicular access ways shall be located not less than one hundred (100) feet from the ultimate curbline of intersecting streets. No direct separate access from the city street to any mobile home parking space shall be allowed. Screening. Each mobile home park shall be entirely enclosed at its exterior boundaries with adequate sCrE,ening. Screening may be accomplished by natural or man-made objects, plantings or properly construct- ed fences, any of which must completely screen the mobile home court from ordinary view throughout the entire calendar year. Natural or man-made objects may be interpreted to be: 1. Hills, gullies or embankments. Such man- made objects must be constructed to blend wi th the landscape with loaming and seeding or other treatment as may be necessary to establish a natural appearance; 2. Buildings or other installations; 3. Combinations of the above. Plantings. Trees, shrubs or other vegetation of sufficient height, density and depth of planting or growth to completely screen the mobile home 2172 ---PAGE BREAK--- ZONrNG §31-33 court from ordinary view throughout the entire calendar year_ Fences. Notwithstanding maximum height limita- tion requirements set forth in section 31-31 of this chapter, "Walls, fences and corner cut-backs," the mlnimUm height of any fence (wall, other screening) shall be six feet or a height above six feet sufficient to accomplish the complete screening from ordinary view. At an intersection or at a mobile home park access, fencing (wall, other screening) must be positioned so that no portion of the fence (wall, other screening) intrudes into a corner cut-back area formed by the intersection or by the mobile home park access. All fences shall be well constructed and maintained. Only sound, undamaged material uniform in appearance and erected in a workman- like manner will be acceptable. Environmental requirements. Conditions of soil, ground, water level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion subject to predictable flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards. Off-street loading and refuse areas. No loading spaces are required. The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution_ All refuse shall be stored in fly tight, watertight, rodentproof containers, which shall be located not more than one hundred and fifty (150) feet from any mobile home lot. Containers shall be provided 2173 ---PAGE BREAK--- § 31·33 LEWISTON CODE in sufficient number and capacity to properly store all refuse. Adequate trash enclosures or provisions for same shall be provided for all refuse containers, and such enclosures must meet the approval of the Lewiston Planning Board. T he Lewiston Planning Board shall declare trash enclosures adequate if the followin g standards are met: L Enclosures shall be so designed as LO prevent containers from being tipped, to minimize spillage and container deterioration [and] to facilitate cleaning around them. 2. Enclosures shall be substantially constructed of materials that will inhibit the entrance of rodents and vermin. 3. Height of the enclosure shall be sufficient to conceal the contents of the enclosure, includ- ing containers, but in no case shall be less than five feet in height. 4. Enclosure shall be so oriented on the property that convenient access is provided for waste disposal service. All refuse containing garbage shall be collected at least once weekly. (10) Insect and rodent control: Grounds, build ings and structures shall be main tained free of insect and roden t harborage and infestation. Extermination method(s) and other measures to control insects and rodents shall be approved by the health officer. Parks shall be maintained free of accumulation of debris which may provide rodent harborage or breeding places for flies, mosquitoes or other pests. Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe and other building material shall be stored at least one foot above the ground. 2174 ---PAGE BREAK--- ZONING § 31 ·33 Where the potential for insect and rodent infesta- tion exists, all exterior openings in or benea th any structure shall be appropriately screened with wire mesh or other suitable materials. The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers, mosquitoes and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds considered detrimental to health. PROPERTY DEVELOPMENT STANDARDS WITHIN THE MOBILE HOME PARK Size of mobile home space and yards. The size of mobile home spaces shall be a minimum of five thousand (5,000) square feet with a minimum width of fifty (50) feet and a minimum depth of one hundred (100) feet. In no case will a mobile home and appurtenance structures take up more than twenty (20) per cent of the mobile home space. Yards for individual mobile home spaces. L Front yards. There shall be a minimum front yard of fifteen (15) feet extending for the full width of the mobile home space and measured from the interior street. 2. Side and rear yards. There shall be a minimum side and rear yard of ten (10) feet. Where a side or rear yard abuts an access road, public parking area or walk, said yard shall not be less than ten (10) feet in width. 3. Accessory buildings or structures. There shall be a side yard and rear yard of a minimum of five feet from the lot line. In the case of buildings covering a ground area of less than one hundred and twenty-five (125) square feet, there shall be a minimum side yard or rear yard of two feet. Distance between mobile homes. There shall not be less than twenty (20) feet between mobile homes. 2175 ---PAGE BREAK--- 331·33 LEWISTON CODE Where mobile homes are located near any permitted building other than mobile homes, the minimum space between the mobile home and said building shall be fifteen (15) feet. Off·street parking. Parking spaces shall be provided in the ratio of one and one-half (1'12 ) spaces for each mobile home space. Each such space shaii have a minimum size of nine feet by twenLy (20) feeL One parking space shall be located on each mobile home space, and the remaining parking space may be located in adjacent parking bays or along access roads where sufficient paved roadway width is provided. If a parking space is planned to serve also as a walk, then an additional two feet in width shall be added. All parking areas shall be improved as follows: 1. Graded for adequate drainage; 2. Surfaced with concrete with [aJ minimum six inch thickness or asphalt concrete with [aJ minimum two inch thickness; 3. Parking stalls shall be clearly striped; 4. There will be a limit of one hour parking on all streets within the mobile home park. Access roads. Access roads within a mobile home park shall be paved to a width of twenty-two (22) feet. Access roads with paved width of less than thirty-two (32) feet shall not be used for parking at any time. Each mobile home shall have frontage on an access road. A minimum fifteen (15) foot wide unobstructed access shall be provided to an approved access road for the movement of mobile homes and service vehicles. The plan, profile and section of access roads shall be subject to the approval of the appropriate city departments. 2176 ---PAGE BREAK--- ZONING § 31·33 Walks. General requirements. All parks shall be provided with safe, convenient all season pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual mobile homes, the park street and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided. Common walk system. A common walk system shall be provided and maintained between loca- tions where pedestrian traffic is concentrated. Such common walks shall have a minimum width of three and one-half (3 feet. Individual walks. All mobile home stands shall be connected to common walks to paved streets or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of two feet. Illuminat ion of access roads within a mobile home park. All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mount ing heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night: All parts of the park street systems: 0.6 footcandle with a minimum of 0.1 footcandle; Potentially hazardous locations, such as major street intersections and steps or stepped ramps: Individually illuminated, with a minimum of 0.3 footcandle. Sanitary sewer. Each mobile home stand and each other permitted use shall be provided with a connection to an approved private sewer line or to a city sewer, if available. Mobile homes that are not connected to an approved sanitary sewer system shall not be permitted to be used for human habitation. The sewer system or connection plans shall be subject to 2177 ---PAGE BREAK--- §31·33 LEWISTON CODE the approval of the appropriate city and state departments. If a mobile home park is approved with a private sewerage system, said mobile home park shall be required to connect to city sewer system when it becomes available. Electrical service. All electrical, telephone and televi- sion services within the mobile home park shall be underground. Pa.rk and recreation space. In all mobile home parks there shall be one or more recreation areas which shall be easily accessible to all park residents. The size of such recreation areas shall be based upon a minimum of two hundred (200) square feet for each lot. No outdoor recreation shall contain less than ten thousand (10,000) square feet, with a minimum dimension of not less than one hundred (100) feet. Recreation areas shall be so located as to be free of traffic hazards and should, where the topogra- phy permits, be conveniently located for all residents. (lO) Mobile home stands. The area of the mobile home stand shall be improved to provide an adequate foundati on for the placement and tie-down of the mobile home, thereby securing the superstructure against uplift, sliding, rotation and overturning. The mobile home stand shall not heave, shift or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration or other forces acting on the superstruc- ture. The mobile home stand shall be provided with anchors and tie-downs such as cast-in-place concrete "dead men," eyelets imbedded in concrete foundations or runways, screw augers, arrowhead anchors or other devices securing the stability of the mobile home. 2178 ---PAGE BREAK--- ZONING § 31-33 Anchors and tie-downs shall be placed at least at each corner of the mobile home. (11) Mobile home park areas for nonresident uses. No part of any mobile home park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park. Nothing contained in this section shall .be deemed as prohibiting the sale of a mobile home located on a mobile home stand and connected to the pertinent utilities. (12) No mobile home lot access road, parking facility or recreation area is permitted to be located below the base flood elevation. PERMITS. It shall be unlawful for any person to construct, alter or extend any mobile home park within the limits of the City of Lewiston unless he/she holds a valid permit issued by the building inspector in the name of such person for the specific construction, alteration or extension proposed. Prior to a mobile home's installation in and/or removal from a mobile home park, the mobile home park manager shall ensure that the owner of the mobile home or his agent, has obtained either an installation or a removal permit, whichever is appropriate, from the building inspector. Such permit shall be deemed a building permit. LICENSES. It shall be unlawful for any person to operate and maintain any mobile home park within the City of Lewiston unless such person holds a valid license issued annually by the municipal officers in the name of such person for the specific mobile home park. All applications for licenses shall be made at the city clerk's office where the city clerk shall issue a license 2179 ---PAGE BREAK--- § 31·33 LEWISTON CODE upon compliance by the applicant with the provisions of this section and regulations issued hereunder and of , he applicable legal requirements. Every person holding a license shall give notice in writing to the municipal officers withi n seventy-two (72) hours after having sold, transferred, given away or otherwise disposed of interest in or control of any mobile home park. Such notice shall include the name and address of the person succeeding to the ownership or control of such mobile home parle A license is a personal privilege and is not assignable or transfer- able. Application for originnl licenses shall be made only after [the] proposed mobile horne park has been approved first by the Lewiston Planning Board and second by the board of appeals and shall be in writing, signed by the applicant as to the truth of the application, and by the deposit of a fee according to the following schedule: Twenty (20) or less mobile horne spaces-Twenty dollars ($20.00); over twenty (20) mobile horne spaces- One dollar ($1.00) per space, and shall contain: The name and address of the applicant; the location and legal description of the mobile horne parle; and a site plan of the mobile horne park showing all mobile horne lots, structures, roads, walkways and other facilities. And in addition to the foregoing, the applicant shall furnish to Lhe city clerk such other information as may be required in Chapter 17 of the Revised Code of Ordinances, City of Lewiston, Maine. Applications for renewals of licenses shall be made in writing by holders of the licenses, shall be accompanied by the deposit of a fee according to the following schedule: Twenty (20) or less mobile homes spaces-Twenty dollars ($20.00); over twenty (20) mobile home spaces- One dollar ($1.00) per space and shall contain any change in the information submitted since the original license was issued or the latest renewal granted. 2180 ---PAGE BREAK--- ZONfNG § 31-33 Any person whose application for a license to operate and maintain a mobile home park has been denied may request, and shall be granted, a hearing on the matter before the municipal officers under the procedure provided by subsection and from said municipal officers to the superior court. Whenever, upon inspection of any mobile home park, the building or housing inspector finds that conditions or practices exist which are in violation of any provision of this section or regulations issued hereun- der, the building or housing inspector shall report such to the municipal officers, who shall direct the building or housing inspector to communicate in writing in accordance with subsection to the person to whom the license was issued that unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the municipal officers, the license shall be suspended. At the end of such period, the building or housing inspector shall reinspect such mobile home park and, if such conditions or practices have not been corrected, he shall report such to the municipal officers who will suspend the license and give notice in writing of such suspension to the person to whom the license is issued. Upon receipt of notice of such suspension, such person shall cease operation of such mobile home park except as provided in subsection INSPECTION OF MOBILE HOME PARKS. It shall be the duty of the owners or occupants of mobile home parks and mobile homes contained therein, or of the person in charge thereof, to give the building inspector and housing inspector free access to such premises at reasonable times for the purpose of inspection. It shall be the duty of every occupant of a mobile home park to give the owner thereof or his agent or employee access to any part of such mobile home park 2181 ---PAGE BREAK--- § 31-:33 LEWISTON CODE or its premises at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this section and regulations issued hereunder, or with any lawful order issued pursuant to the provisions of this section_ NOTICES, HEARINGS AND ORDERS. Whenever the municipal officers determine that there are reasonable grounds to believe that there has been a violation of any provision of this section, or regulations issued hereunder, the municipal officers shall direct the building or housing inspector to give notice of such alleged violation to the person to whom the license was issued as hereinafter provided- Such notice shall: Be in writing; Include a statement of the reasons for its Issuance; Allow a reasonable time for the performance of any act it requires; Be served upon the owner or his agent as the case may require, provided, that such notice or order be d,eemed to have been properly served upon such owner or agent when a copy thereof has been sent by registered mail to his last known address, or where he has been served with such notice by any method authorized or required by the laws of the State of Maine; Contain an outline of remedial action wh ich, if taken, will effect compliance with the provisions of this section and regulations issued hereunder. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section, or regulations issued hereunder, may request, and shall be granted, a hearing on the matter before the municipal officers, provided, that such person shall file in the office of the city derk a written petition requesting such hearing and setting forth a brief statement of the grounds 2182 ---PAGE BREAK--- ZONING § 31·33 therefor within ten (10) days after the day the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension except in the case of an order issued under subsection Upon receipt of such petition, the municipal officers shall set a time and a place for such hearing and shall give petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten (10) days after the day on which the petition was filed, provided, that upon application of the petitioner, the municipal officers may postpone the date of the hearing for a reasonable time beyond the ten (10) day period when in their judgment the petitioner has submitted good and sufficient reasons for such postponement. After such hearing, the municipal officers shall make findings as to compliance with the provisions of this section and regulations issued hereunder and shall issue an order in writing, sustaining, modifying or withdrawing the notice which shall be served as provided in subsection Upon failure to comply with any order sustaining or modifying a notice, the license shall be in violation of this section and the license of the mobile home park affected by the order shall be suspended. The proceedings at such a hearing, including the findings and decisions of the municipal officers, and together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the office of the city clerk, but the record of the proceedings need not be transcribed unless judicial review of the decision is sought to the superior court. Whenever the municipal officers find that an emergen· cy exists which requires immediate action to protect the public health, they may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken 2183 ---PAGE BREAK--- § 111··33 LEWISTON CODE as they may deem necessary to meet t he emergency, including the suspension of the permit or license. Notwithstanding any other provisions of this section, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but, upon petition to the municipal officers, shall be afforded a hearing as soon as possible. The provisions of subsections and shall be applicable to such hearing and the orde,. issued thereafter. The planning board may determine to hold a public hearing on a proposed mobile home park. If the board determines to hold a public hearing it shall be held at the next regularly scheduled meeting or within thirty (30) days of the date of submission, whichever represents the fewest number of days. The board shall caus" , notice of the date, time and place of such hearing to be published in the local newspaper at least twice, the date of the first publication to be at least seven days prior to the hearing. DEVELOPMENT . In the case of a mobile home park already in existence or for which a permit has been granted prior to the effective date of this section [June 27, 1971], said mobile home park shall be allowed to continue in operation. Any additions to said trailer park, however, shall conform to all regulations as specified herein. Enlargement of or changes in a mobile home park approved under t he condit ions of this section shall requ i.re a review of the original and amended plans. ZONES PERMITTED. IVlobile home parks shall be permitted in the Residential 8 "R8" Zone as a conditional use (exception) if and as authorized by the board of appeals upon issuance of a conditional use permit to the applicant. (See sections 31-22, 31-25 and 31-26). 2184 ---PAGE BREAK--- ZONING § 31·33 ACCEPTANCE OF PLANS. The administration and enforcement of all regulations required by this section for the designing and planning mobile home parks shall be the responsibility of the planning board. Construction not to precede plan approvaL No utility installations, no ditching, clearing, grading or con- struction shall be done on any part of the land or lots within a mobile home park until a final plan of such development shall have been duly prepared, submit- ted, reviewed, approved and endorsed as provided in this section. Preliminary plan. A preliminary plan shall be submitted in duplicate to the planning staff at least seven days prior to a scheduled board meeting. The plan may be drawn on tracing paper at the scale of one hundred (100) feet or less to the inch. The preliminary plan shall furnish sufficient informa- tion about the mobile home park to form a clear basis for discussion of its problems and for the preparation of the final plan. Such information shall include the following: L Mobile home park name, boundaries, north point, scale date and lot numbers; 2. Name and address of owner of record, developer, surveyor or engineer; 3. The location of property lines, existing streets, buildings, watercourses, swamps and other features within the area to be developed and similar facts regarding existing conditions upon the land immediately adjacent thereto; 4. The proposed location and width of streets, lots and easements; the profile of each proposed street with tentative grades indicated (this shall be on separate sheets). and the names of the proposed streets. All street plans must be in accordance with the requirements 2185 ---PAGE BREAK--- § 31·33 LEWISTON CODE and the design standards section of this section; 5. Existing sewers, watermains, culverts and other underground structures within the tract and immediately adjacent thereto; 6. Topography with contour intervals of not more than five feet; 7. A notarized statement from a registered civil engineer shall be subnlitted relative to: a. The ability to drain into existing city sewer lines, if they are available, and to lines proposed on the city sewer system plan, if applicable; b. The adequacy of the proposed area to be used for a community sewer disposal facility if the city sewer is not available; c. The results of sample percolation tests on representative sections of the land, the adequacy of the land for the use of septic tanks and the size of lots required by the zoning ordinance if the city sewer is not available; d. The land area of all irregularly shaped lots. 8. A statement regarding the developer's plans to connect with the public water system or satisfactory evidence of other safe and depend· able water source. Written notice of the date of submission of such preliminary plan and preliminary in- formation shall be given by the developer by delivering or sending by certified mail to the city clerk a copy of the covering letter submitted to the planning board listing the plans and information transmitted to the board. Preliminary plans will be reviewed by the planning board in relation to the city plans for the area, the zoning requirements, good land development practice and sound engi- 2186 ---PAGE BREAK--- ZONING § 31·33 neering as well as conformance with the design standards and construction specifica· tions set forth in this section; 9. Base flood elevation data. The planning board shall request the city engineer to report to the board with respect to grades, drainage and sewerage of a proposed mobile home park before it may be approved. The board shall approve in writing with or without conditions, or requests for changes, or shall disapprove a preliminary plan within thirty (30) days after it has been submitted, or within thirty (30) days of a public hearing, if one is held, unless the developer agrees in writing to an extension of this period. Approval of a preliminary plan does not constitute an acceptance of the mobile home park by the board. One copy of the approved preliminary plan signed by the chair- man of the board shall be retained by the planning board, and one signed copy shall be given to the developer. Approval of the preliminary plan shall expire at the end of one year from the date of such approvaL Final plan. The final plan shall be submitted to the planning staff at least seven days prior to a scheduled board meeting. The final plan submitted for approval shall be prepared from an accurate survey and shall be clearly drawn in ink upon tracing cloth at a scale of one hundred (100) feet or less to the inch. Sheets shall not exceed twenty (20) inches by thirty (30) inches, and, if more than two sheets are required, an index sheet of the same dimensions shall be filed showing the entire mobile home park. The original and three prints shall be submitted to the planning board. Endorsement of the original by the chairman of the board shall constitute approval of the final plan. For each mobile home park proposed, a fee 2187 ---PAGE BREAK--- § 31.33 LEWISTON CODE of twenty-five dollars ($25.00) shall be tendered in cash or by certified check payable to the City of Lewiston at the time of submission to the planning board of the preliminary plan of any such mobile home park. Such a fee will cover the cost of processing said plan. The final plan shall show: L Items as required on the preliminary plan; 2 A l' s··-ve" -o-u-en+s " ~d b"n"h s . n . U l J 11 ~H GU' . . . . . . . . . . . MAYOR 29-6 21 :11 -3 30-24. :.-10·26 Bonds, signature required on . . . . . . . . . . . . . . 2-9 Bureau of civil emergency preparedness; emergency proclamation Mayor's duties and emergency powers . . . . . . . . . . . . . . . . . . . . . . 2·535 Iviayor's powers generally . . . . . . . . . . 2·534 Defined . . . . . . . . . _ . 1-2 MENTALLY INCOMPETENTS Prohibited from selling handguns . 30-24,30-26 MINORS (C hildren, juveniles, etc.) Airtight containers, abandoning in places accessible to minors 19·5 Alcoholic beverage establishment, employment of minors in 19·7 Bicycles, guardinn's responsibility . . . . . . nolO Sup]>. No.9 3342 ---PAGE BREAK--- CODE INDEX MlNORS-Cont'd. Curfew , Soo:CURFEW Endana:ering the welfare of 8 child . . Junk coUecto , pawnbroke , .te. Receivinc' articles from minors Police department, juvenile division Youth diviaioD of police . MOBILE HOM&') AND MOBILE HOME PARKS Traffic; limitation on transporting mobile homes . Tramporting mobile, modular, etc., homes within city . . Zoning regulations . . . . . . MOTELS Section 19·51 et seq. 19-6 17-73 2-183(d) 2-183(d) 26-17 26-17 31·33 et seq. Collection of garbage, traah. etc., from. . . . . . . . . . . . . • . . . • . . . . 29-6 Supp. No. 5 3342.1 ---PAGE BREAK--- ---PAGE BREAK--- CODE INDEX MOTOR VEHICLES AND OTHER VEHICLES Advertising; attaching to vehicles prohibited . . Animal-drawn vehicles, regulated . . . Automobile dumps or graveyards . . . . Automobile graveyards and junkyards . , See: AUTOMOBILE GRA VEY ARDS AND JUNKYARDS Buses . See: BUSES City official vehicles Lettering required on . General assistance, eligibility standards Automobile ownership . . . . . . . Taxicabs . . . . . See: TAXICABS Zoning regulations Parking and/or storage of certain vehicles . . . Section 3-6 26-8 18-2 17-160 et seq. 28-68 et seq. 2-4 13-49 28-13 et seq_ 31-2()(D) Traffic; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26·66 MUFFLERS Traffic; muffiers regulated . , ' . , , , ' , . 26·65 MUSIC FESTIVALS Generally " " , . " , 4·3 MUSICIANS Musicians on streets, etc . , , . . . . . . . . . . . . . . 24·13 MUTUAL AID PACTS Authority of police and fire departments to assist other municipalities . . . _ . _ . . . _ . . _ . . 2-6 Council may enter into. _ _ . _ . . . 2-5 N NARCOTICS_ See: DRUGS, NARCOTICS NOISE Barking or howling dogs . . , , . . . . . . . . Disorderly conduct provisions . . , , . . . . . . . . . Mufflers on vehicles required . , . , , . . . , . Traffic; loading and unloading, , ' . , , , , , , Wind energy conversion systems, excessive noises created by , , See: ZONING NONCONFORMING USES 5-22 19-10 26-65 26-63 31-2()(J ) Zoning regulations . , . . . . . . . . . . . . . . . . . . . . . . 314 NUISANCES Abatement of nuisance . , , , , , , , , , , . Action for damages, , , , . . . , , , , , , . . , , . Supp. No_ 10 3343 18-7 18-5 ---PAGE BREAK--- LEWISTON CODE NUISANCES- Cont'd. . . _ AnImal and fowl; nuisances. . . . . . . Automobile dumps or graveyards . Forbidden . . . . Health and sanitation; nuisances . . . . . Obnoxious use of buildings . . . . . Parks and recreation; depositing of offensive substances . , . Penalty and abatement . Smoke . . . . . . . . Traffic-control signs, signals ~ r:d dC':iccs Unau:horized signs, nuisance. , NURSING HOMES Section 5-2 18-2 18-1 14-2, 14-3 18-3 20-5 18-6 18-4 26-12 of garbage. trash, etc., from . . . . . . . . . . . . . . . . . . . . 29·6 NUTRITION Department of human services; programs division . • . OATH Defined o 2-142 1-2 Officers and employees, oath , . . . . . . . 2-47 OCCUPANTS Defined . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . ODORS Disorderly conduct. provisions . OFFENSES Miscellaneous offenses and regulat.ions . . . , , . . Specific penalt.ies, remedies, etc, See specific offenses as in- dexed alphabetically according to subject OJ;'FICERS AND EMPLOYEES Assessor . . Building inspector , , , , . . . , . , , , , , • ' , Chief assessor , , , , , • ' ' Chief of police , . , , , City adluinistrator , ' . City cleric , . , , , . , • ' . City engineer , _ , . . . . . . , . City treaSllrer . . . . . . . . . Compem;ation, salaries, etc, Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting or- dinance of this code Conflict of interest . . , Supp. No. 10 3344 1-2 19-10 19-1 et. seq. 2-61 et seq_ 31-3 et seq_ 2-66 2-181 et seq_ 2-31 et seq_ 2-76 et seq, 2-202 2-9 et. seq_ 2-10 ---PAGE BREAK--- CODE INDEX OFFICERS AND EMPLOYEES-Cont'd. Definitions ' • Department of law . Department of recreation; director . . . Supp. No. 10 3344.1 Section 1-2 2-151 et seq. 2-216 ---PAGE BREAK--- ---PAGE BREAK--- CODE INDEX OFFICERS AND EMPLOYEES-Cont'd. Deputy police chief . , . . Director of development . . . . . . Director of finance/controlisr . . . . . . Director of peraonnel . . . . . . . Director of public works . . . . . Director of recreation . . . Electricity; enforcement officer , . . . . Fire chief . . . . . . . . Duties of . . . . . . . . . . . . Impersonating . . . . . . . . . • . . . . . Library director . . . . . . . Mayor . . . . . _ . Personnel board . . . See: PERSONNEL BOARD Personnel system . . . See: PERSONNEL SYSTEM Police officers . . . _ . . . _ . . . Powers of city administrator . . . . . . Retirement and disability . . . . . . . . St.rikes, prohibitionsregarding . . . Superintendent of public vehicles . . . \Vard clerks . . . . . . . . . . . . . . . Wardens . . . . . . . OFF·STREET PARKING AND LOADING Zoning regulations . . . . . . . . . . . . See: Zoning OFF ·THE·ROAD VEHICLES Zoning regulations OIL,FUEL Housing code; equipment requirements Fuel oil generally . OIL, WASTE Disposal of hazardous materials ORDINANCES Code of ordinances . . . . . . . . . . . . . . See: CODE OF ORDINANCE'S OWNER Defined . . OYSTER SHELLS, CLAM SHELLS, ETC. Throwing into streeta, etc . . . p PAGEANTS Outdoor pageants . Supp. No. 4 3345 Section 2·182 2·92 2·116 2·171 2·201 2·216 10·21 11·28 etseq. 2-131 etseq. 19·2 2·161 1·2 etseq. 2-566 et seq. 2·231 et seq. 2·184 2·31 2-301 et seq. 2·7 28·2 9·2 9·2 31-1 etseq. 31·20(D) 15·82 29·33 1-1 et seq. 1·2 29· 1 4·3 ---PAGE BREAK--- LEWISTON CODE PARADES Generally · . . . . . . . . , . . . . . . . . . . See: TRAFFIC PARKING Bicycles . . - . Special street sales, parking provisions . Traffic rel:ulations for stopping, standing and parking . See: TRAFFIC Zoning rer~ulatiQns See: ZONING · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l' AllKING METERS Generally · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . See: TRAFFIC PARKS AND RECREATION A \cohol ic beverages Possession or consumption at public parks or playgrounds Department of recreation, director . . Depositing of offensive substances Committing nuisances . . Dogs running at large in public parks or playgrounds Kennedy Park P08seS3ing, depositing substances likely to cause injury . . Unlawful to be in during certain hours; eJception . Lewiston park or common defined . Mobile home parks, zoning regulations for . . . . . . . . . . . . "Public grounds Riding and driving on regulated . Public established Commercial uses forbidden . Substances likely to cause injury "Possessing, depositing while in or adjacent to Kennedy Park Sunnyside Park and Pierce Street park Unlawful to be in during certain hours; exception . PASSENGERS BUll psss.engers . . Taxicab pasaengers . . , , . PAWNBROKERS. See: JUNK COLLECTORS. PAWNBROKERS. SECONDHAND DEALERS PE:DDLEllS AND SOLICITORS License application . . . . . . Contents . . . Exhibition . . License 8118peruion upon valid complaint Basis for revocation . Solicitations . . . , . . . . Streets. use of Supp. No. 4 3346 Section 26·246 ct seq. 6-6 24 · 13 26·81 el seq. 31·1etseq. 26-161 et seq. 20-8 2-216 20·5 5·25 20-4 20·6 20-2 31-33(F)(10) 20-3 20-1 20-4 20-7 28-72 28-18.28-20 17 -86 17-87 17-88 17-90 17-101 et scq. 17-89 ---PAGE BREAK--- PEDESTRI ANS Traffic; pedestrians SO" TRAFFIC PEEPING TOMS CODE INDEX Generally . . . . . PENALTIES. See: FINES, FORFEITURES AND PENALTIES PERMITS. See: LICENSES AND PERMITS PERSONNEL BOARD Administration . Authurity . . Outic,; . Organization Powers ' . Purpose . Rules . . . . . PERSONNEL OF CITY. See: OFFICERS AND EMPLOYEES PERSONNEL SYSTEM Appea l ~ Generally . Grievance procedure . . . . . . City administrator, powers enumeraled . . Civil service Acting: ranks Bribery rorbidden . . . . . Certified list . Demotion . . . . • . . . El igibli:! list . . . . . . • Emergency appointments Fraudulent statements forbidden . . . InfluclH:e, lise I'm'bidden Original appointmenls Pel'manent appointments Political endorsement, use forb idden . . Probationary period . . . Promotional appointments. . . . . . . . . . . . . . . . Purpose . . Qualification!; . , . . . . Rei nstatement . Removal Removal for cerw in violations . . . . Hequirelnents . Rulesand regulations Suspension . . Tennination of employment . . . . Compliance with applicable laws. . . . . Supp. No. 10 3347 Section ~6 · seq. 1·570 1·5G7 2-569 2-:168 ~·569 1·566 2,·568 2-25\ 2·252 2,·3 1 2.276 2·265 2-:no '2·'277 2·l ~ ·2 7G 2·204 2 · 26~1 2·27 1 2·274 2-262 2-27;\ 2·272 2-261 2·2G7 2-277 2-277 2-2,Gfl 2·26~ 2·:H9 '2-'277 2-278 2·2:\·1 ---PAGE BREAK--- LEWIS'l'ON CODE PERSONN EL SYSTEM-:,nt'd. Officers ;ll1d p1 oy e cs of city, general provisions. See: OFFI· CERS AND EMPLOYEES PnTsonnel policies . . Political activity . . . . . . Purpose . . . . Residency . . . . Retirement and disability . . . . . See: RETIREMENT AND DISABILITY PIERCE STREET PARK Unlawful to be in during certain hours; exception . . . PLANNING AND DEVELOPMENT Development district Administration . , . Annual budget Procedure for adoption of . . . When to be submitted and adopted . . . Assessment . . Creation of district . . Description , . Fiscal year . , , , , , , . . . . .Program, maintenance and operation of . Historic buildings and historic districts . . . . . See: HISTORIC BUILDINGS AND DISTRICTS Official map _ _ _ . . Planning board Administration . . . . . Appeals . . . . . . . . , . . . . . . Authority . . . . . . . . . . . . :Outies , . Organization . . Powers . _ . . . . . . . . . Purpose . . . . ~ . Site locatiGn of major developments . . PLATS, PLATTING Ordinance~; saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi- nance of this code PLUMBING Section 2-235 2-232 2-231 2-233 2·301 et seq. 20-7 21-132 21-136 21-134 21-137 21-131 21-131 21-135 21-133 21-151 et seq. 21-1 21-20 21-21 21-17 21-19 21-18 21-19 21-16 21-18 21-2 [i')ood hazard areas, special provisions for plumbing in . . . . . . . . 22-6 House trap required when connecting to sewers. . . . . . . . . . . . . 22-4 Housing code; equipment requirements; plumbing. . . . . . . . . . 15-77 Privies, removal of contents Septic tanks 22·3 Su.pp. No. 10 3348 ---PAGE BREAK--- CODE INDEX PLUMBING- Cont'd. Soil evaluation ror subsurface sewage disposal systems . State law, compliance with . . Water services . . . Water tank heaters _ . POLES AND WIRES Electricity; poles and wires . . . See, ELECTRIC[TY POLICE. See, DEPARTMENT OF POLICE POLITICS Personnel system; political activity . . PRESERVATION Section 22·7 22·[ 22·2 22·5 10-86 et seq. 2·232 Historic buildings and historic districts. . . . . . . . . . . . . . . . . 21-151 et seq. See; HISTOR[C BUILDINGS AND DISTRICTS PRTVIES Removal of contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22·3 PROCESSIONS Traffic; processions Identification 26-16 PROPERTY Definitions . . . . Dutch elm disease . . See, DUTCH ELM DISEASE Personal property Defined . HI·!!l pl"operty Dt!rint.!d . 1·2 27·16 et seq. 1·2 1·2 S dl.! rpe r~.;on ul property fonesidential pre!l1i.:;e~... . 17·116l'l seq. Sc,', SALES 01' PERSONAL PROPERTY I'OH RESIDEN· TIAL PREM[SES PUBLIC IVOI{I(S. See, DEPAHTMENT OF PUBLIC WOHKS PURCHASING Cnnnicts of inlerest R RAB IES Uo).!s, rubies ino{;uliltion . . " Supp, No. [0 3349 :no ---PAGE BREAK--- ---PAGE BREAK--- CODE INDEX RACETRACKS Generally . . . See: AMUSEMENTS RECREATION. See: PARKS AND RECREATION RECREATION, DEPARTMENT OF Director. duties RECREATIONAL EQUIPMENT Zoning regulations REFRIGERATION Houaing code; equipment requirements Section 4·19 et seq. 2-216 31 -20(D) Refrigeration generally . . . . . . 15-81 REFRIGERATORS Abandoning airtight container . REGISTRATION, BOARD OF VOTER. SEE: BOARD OF VOTER REGISTRATION RENTALS 19-5 Bicycle.; renWagencie • . , . . . . . . . . . 6-3 RESIDENTIAL ZONES. See: ZONING RESOURCE PROTECTION ZONE. See: ZONING RESTAURANTS. See: FOOD AND FOOD HANDLERS RESTORATION Historic buildings and historic districts. . . . . . . . . . . . . . . . . 21-151 ct seq. See: HISTORIC BUILDINGS AND DISTRICTS RETIREMENT AND DISABILITY Adminiatration . . . . . . . Appeals . , . . . . . . . . Appropriations . . . . . . . . . . . Cost of living adjustments Retired employees and beneficiaries . . . Credit for prior service, eligibility for . . Creditable prior service of municipal employees Certification of . . . Eligibility for credit for prior service, etc. . . . Employee claim for prior service; service certificates . . State retirement system. See herein that subject Definitions . . . Disability retirement, application for Medical examination; application for benefit.8 . . . . . . . Employee information Department.8 to furnish to pension board . Established , . Supp. No.3 3351 2-304 2-310 2-312 2-326 3·316 2-314 3-316 2-315 2-301 2·322 2·313 2·303 ---PAGE BREAK--- LEWISTON CODE RETIREMENT AND DISABILITY- ColI,'d. lFiroa depmtment. retirement and disability Applications for pensions . Grs\"lting of pensions . Limit8tiOl18 , . . . . . Ordiilru'Y or Bonaei'vice connected disability Penuions, applications for . . . . Paymr,nt of pensions . . . . . . . . , . Pension for retirement . . , . Peneie-nR. ordinary or nonservice connected disability . . . Pensiolls previously granted to remain valid . . . Permanent members Qualifications for pemJion . . . Retirement age. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sick IE:llVe . . . . . . . . . . . Fraud p)'ohibited . . . . . . ' , . . , , . . . . Leave absence . . . , . . . . . . . . Legal advisor to pension board . . . . Pension board . . Legal !ldvisor to . . . . . Pl'ocel!dings. recOl'd of. . . . . . . . Pension plan Minimum raqui;;ements for Persons subject to regulations Physical e:Knminations Refusal to take . . . Physical examinations required subsequent to retil'ement or disability . . Police department retirement and ditlsbili ty Applieations fol' pensions . . Chief of police. pension provisions for . . . . . . . . . Granting of pensions . . . . Limit:ltions . . . . . . Ordinary or nonservicc connected disability Application for . . . Payment of pensionll . . . . . . . Pension benefits Computation of service credit . . Pensions . . . Pensions. ordinary 01' nonservice connected disability . . Pensions previously granted to remain valid . . Perm!uent disability . . . Petition for retirement . . . . . " . Retirement . . . . . . . . . . . . . Sick leave . . . . . " . , . " . . . . Supp. No.3 3352 Section 2-357 2·359 2-36 1 2-358 2-356 2·352 ?,-:'Uifi 2-354 2-360 2-353 2-35\ 2-362 2-308 2-3 \7 2-307 2·304 2-307 2-306 2-302 2-311 2-324 2·323 2-379 2-385 2-38\ 2-:)87 2-:180 2-382 2-384 2-377 2-378 2-386 2-376 2-383 2-376 2-388 ---PAGE BREAK--- CODE INDEX RETIREMENT AND DISABILITY-Coned. Prior service Creditable prior service of municipal employees. See herein Lhat subject Public works department retirement and disability Sick leave Compensation for unused sick leave upon retirement Widows and children of deceased employees, pensions for Re-entry into service after disability; retirement . Retirement benefits exempt from execution and unassignable Retirement benefits, payment of . Retirement benefits, requirements to receive . Retirement records Corrections authorized . . . Rules and regulations authorized . Service beyond retirement . . Sick leave . . . , , . State retirement system Creditable prior service, certification of . . , . , . , . , . , . , . . Employee defined . . . . . . . . . , . . , Loss of creditable prior service Retention , . , Membership . Personnel director's duty to assist . Policemen and firemen under state retirement system Retirement benefits for . . . . . . . . . . . Purcha!ling creditable prior membership for all but full·time employees . . . . . . . . . . . . . . . . . . . . . . . . Purchasing of first six months of employment Supp. No.3 3352.1 Sect ion 2-402 2-401 2-325 2-321 2-320 2-318 2-309 2-305 2-319 2-327 2-430 2-427 2-431 2-426 2-436 2-437 2-434 2-433 ---PAGE BREAK--- ---PAGE BREAK--- CODE INDEX RETIREMENT AND DISABILITY - Cont'd. Retirement allowance. determinations . . State laws adopted . . . . . . Teachers excluded . . . . . . Year of service defined . ROBERT'S RULES OF ORDER SccLion 2-·132 2-435 2-428 2-429 Parliamentary rules of procedure . . . . . . . . . . . . . . . . . . . . . . . . . 2·3 RODENTS. See, INSECT AND RODENT CONTROL ROOMING HOUSES General responsibility . . ROVING DINERS Special food handlers and roving diners . . Se., FOOD AND FOOD HANDLERS S SALES OF PERSONAL PROPERTY FOR RESIDENTIAL PREMISES Definitions Exemption . . . . . Permits . . Signs . . . . . . . SANITATION. See, HEALTH AND SANITATION SAWDUST Throwing into streets, etc . . . SCHOOLS Disorderly conduct . . . . Traffic; authority to regulate parking adjacent to . . SEAL 15·7 12·19 ct seq. 17-116 17-1 19 17-117 17-118 29·1 19-10 26-101 City clerk; custodian of seal . 2·82 City seal described 2· 1 SECONDHAND DEALERS. See, JUNK COLLECTORS, PAWN- BROKERS, SECONDHAND DEALERS SENIOR CITIZENS Department of human services; program division . . . . . . . . . . . . . . 2·142 SEPTIC TANKS Removal of contents . . . . . . . . SEWERS AND DRAINS Alteration of drainage area regulated . Building permit Drainage plan approval required prior to issuance Definitions . 3353 22-3 23-:3 2:3-2 2:1- 1 ---PAGE BREAK--- LEWISTON CODE SEWERS AND DRAINS- Cont'd. Drainllire areas Alteration regulated . . . . . . . Drainal~e plan approval required prior to issuance of building peJ'mit . . . . . Mobile home parks, zoning regulations for sewers . . Private facilities Disclaimer of liability . . . . . . . . . . . . . Hom,e sewers and drains E:::3ling systems Abandonment Inspection . . . . . Permits . . . . . . . . Use . . . . . . . . . . In~ ltullati on to be made apart from other utilities, exception Public or community system, connection to . . . . . Independent system on existing building Exception . . . . . . . . . . . . . Minimum standards . . . . . . . . . . . Notice of violations . . . . . Sanitary facilities required . . . . . . . . . . . . Violator's liability . . . . . . . . Public systems Abulldonment of service . . . . . . . . . . . . . . Applicant desiring to discharge waste water, reports of Applicant to collect, analyze waste water . . Application for permits A"reement required . . . . . . . . . . . . . . . • Connection costs, responsibility for . . . . . Connection to public sewer, regulations of . . . . • . . . • methods and materials . . . Control devices . . . . . . . . . . Drain elevation . . . . . . . . . Excilvations to be guarded . . Restoration of public property . . . . . . . . . . . . . . Flow-measuring devices . . . . . . . . . . Grease, oil and sand interceptors Maintenance of preliminary treatment and flow-equalizing facilities. . . . . . . . . Harmful wastes prohibited . . . . . Indt!pendent building sewers required . . . . . . . . . . . Industrial waste, special agreement to trent . . . . . Measurements and analyses . . . . . . Int.ent . . . . . . . . . . . . . • Liability . . . . . . . . . . . . . . Notice and cessation of violation required . . . . . . . . . . Old building sewer, connection of . . . Permit required to connect to public sewer . . . . 3354 Section 23-3 23·2 31-33(F)(1O) 23-61 23-76 23-77 23-77 23-76 23·78 23-79 23·65 23-61 23-63 23-64 23-62 23·25 23-39 23-19 23-21 23-24 23-28 23-34 23-26 23-23 23-23 2~ - ~4 23-33 23-31 23-22 23-40 23-41 23-16 23-38 23-37 23-27 23-18 ---PAGE BREAK--- CODE INDEX SEWERS AND DRAINS-Cont'd. Preliminary treatment facilities Public sewer, potification before connection to Public sewe" use required. , . . Purpose Revocation of permits to connect . . . . Sewerage system U8e charges . . . , . . . Standard teats . . Surcharge limits' defined . Unpolluted wastes, disposal of W ute water, waste strength, control of . . Sewer asse88ments Authorization to adopt policy . . . . Payment due. interest rate • . . Payment on term basia . Purpose . . . Subsurface sewage disposal systems Soil evaluation for . . SEXUALLY EXPLICIT MATERIALS. See, INDECENCY AND OBSCENITY SIDEWALKS. See: STREETS AND SIDEWALKS SKATING Section 23-35 23-20 23-17 23-16 23-29 23-42 23-36 .-l!3-43 23-30 23-32 23-102 23-104 23-103 23-101 22·7 Regulated , , , , 24-12 SLEDDING Regulated SMOKE Generally . . . . . . . . . . . . . . . . . , , . . . . . . . . . . . SMOKING Tattoo establishments, prohibited in . . . . . . . . Theaters, smoking in prohibited SNOW AND ICE Parking, stopping and standing of vehicles 24-12 18-4 17-154 4-2 Snow removal, interference with 26-94 Removal (rom sidewalks Unlawful to deposit . . . 24-11 Snow plowa Following and meeting , . . . . . . . 26-56 SOCIAL CLUBS Collection of garbage, trash, etc., from. . . . . . . . . . . . . . . . . . . 29-6 SOLICITATIONS Commercial solicitations prohibited . License Application . . . Supp. No. 10 3355 17-101 17·102 ---PAGE BREAK--- SOLICIT ATIONS- Cont' d. Duration Issuance . SPEED REGULATIONS LEWISTON CODE Traffic; speed regulations . . . . . . . . See: TRAFFIC STATE RETIREMENT SYSTEM Generally . . . . See, HETU{J>MJ>I'I ANU U I~ABILl'l'Y STOLEN PROPERTY Junk collectors, pawnbrokers, etc. Section 17-103 17-103 26-40 et ~:eq. 2-426 et seq. Rel:eiving articles from thieves , . . . . . . . . . . . . . 17-73 STOPPING OF VEHICLES Buses, stopping of . . . . . Sec:: BUSES 'l'raffic regulations for stopping, standing and parking . . Se", TRAFFIC STREETS AND SIDEWALKS Allowing substances to accumulate on passageways . . _ . Alterations in s idewalks Installing posts, trees . _ . _ . Altering streets. _ . . . . . . Authority to name streets . . . . Backfilling. See herein: Excavations Bicycles; authority to prohibit operation on streets, sidewalks, paths . . Definitions . . . . Design and improvements Adntinistration . . . . . . . . . . Compliance at owner's expense Bond . . . . . . . . and acceptance of streets Standards ror . Enforcement . ' . . . . Improvements on streets used prior to date, assessments . . Petitions to improve accepted streets and easements . . Prescriptive or dedicated ways Acceptance as accepted streets . . . Acceptance as accepted public easements . . . . Public easements, acceptance of . Street acceptance Streets shown on plats prior to 1965 . . . . . . Waiver of design or construction standards . . . . Discontinuing streets . . . . . . . . . . . . Supp. No. 10 3356 28·69 et seq. 26·81 et seq. 24-4 24-7 24-8 24-1 6-8 1-2, 24-14 24-60 24-62 24-65 24-60 24-9 24-9 24-64 24-67 24-63 24-66 24-61 24-8 ---PAGE BREAK--- CODE INDEX STREETS AND SIDEWALKS-Cont'd. Draining onto streets . . . . . . Driving over sidew;lks , , . , . . . . Excavalions Backfilling . . By city , . . . . . Breaking through pavement in streets . . . . . . . . Care of excavated material . . . Supp. No. 10 3356.1 Sect.ion 24·10 24-5 24-35 24-43 24-32 24-34 ---PAGE BREAK--- ---PAGE BREAK--- CO DI, INDleX STh:I':ETS A Nll SI \V i\ I ,I,S-l :ont IJc!i nilioll:; . Cl':1 ll itl! curh . I ll . ..;pcclinns . . . _ • . . . . . . Li'lhilily (If ci ty . P I~ l'mit required. . . . . . . . . . . . . . . . . . . . . . Pre IInpL tom pil'Lioll of work . . . . . . • . . • . . . . . . . . of puhlic property . ltt·(.:On~lr u cte d streets . . . . . . Hepai ring by tily . . . . , SurCH':c restoration OrSLreet~ . Utili ties, . . . . Im . Sec herein: Dc!;ign "!ld Impro\'e rm:nts Lando'wners Construction of aidewaJks by . , . Mobile home parka. zoning regulatio!UI for wallm . . . . . . . . Municians on streets . . Nuwbering ho~es, procedure for , . . . . . . . . . . . . . . . . . . Obllt!uctions Auction sales regulated . . . . Al"m ings . . . . . . . . . . . . . . Cellar doors. openingsreguleted , . Ger.erally prohibited Exception . ' . . . . . . Moving buildings; permission, bond required ' . Permits and exceptions Inspection, removal . Shades . . . Ordinancea saved from repeal, other provisions not. included hp.re- in. See the preliminary pages and the adopting ordinance of this code Placing 8ubatanC23 on highway to remove . . Skating regulated , . . . . . Sledding regulated . . . . . . . . . Snow and ice Removal from walks; unlawful deposit . Special food. handlers and roving dinersj pushcarts. roving diners in streeta . . Speciaistreet sales Parkingj musicians . Street sweeping. interference with . . . . . . . Throwing garbage, sawdust, etc. , into st.reets, etc . Utilities Excavations. See herein that subject Waste disposal Conveyance of garbage, swill, etc., through public streets Placing trash, etc., onto streets or sidewalks . Widening ntreets Supp. No.9 3357 S\'d ion ~ · I ; ~J ·I I :l . \ I ~ 2·j ·1 2-1-4:J 1·]-:Ui 2.1 -,11) 2~ · 6 31·33(E)(10) 24·13 24-2 ·47 24·48 24-45 24··19 :14-48 24-3 24·12 24·12 24· 11. 12-22 24·13 26·94 29-5 29· 1, 29·2 24·8 ---PAGE BREAK--- U:WlS'I'r ";lIhdi \'isiollS . . iVlilll!' :-iuhdi,'jsinll;'; :-lk,'leh plal 1 PIli . 1 '\(11 Ir,' II)I'I II:; i l 1"1 j.!U 1:11 i Oll:O- S ! 1l1·: 1\ In" ill: l inll~ Ti\TT()( Il Nt: 1)['I"IIIHiolh; ILlpl iOlls 1 ! I~pv l'li"[I:-; l'U!l1V!lt l'il III' Lin'Il:-;,' ,\pplir:ltio n ft'l' I'xpiralion I In'I"I.'([u i"it ~H l ll1in i:ill'ri ng ! I on !)roln,dl tn' for adlll i lli''';({'I'itlg- !;llio() i (I\;JIII\lI~, 1)I' I1: d l y TAX AT[ON ASSI·;SSOH (In.litl,t lll'l·:-; "aved fr o m n\ lwl" PI'II\' I"I011" IWI im:hld"d IlI'l'I.'in. Illl" l!\"(·lill\in ~ ll·.v ,lI ld till' il1i:' 11I·([i· t1.HH~ ~ ' of 111 is codl' Supp, No, 9 3358 2-7 25-3 25-1 25-2 25-41 31-36 25-3 ~ J J I :l \ 'WI \1 7 : J I : 1(1 I I '7 . I 1;-,7 Ij·l.ili I 1 17 i i'):t Ii· 17, 1 17· 1:)r, 17. I ;-l!J ---PAGE BREAK--- CODE INDEX TAXICABS Cards Display of required C..onditioD . . . . . Defmitions . Display of cards required . . . . . . . . • • • . . . . . . Doors . . Drivers. See herein: Licenses Fare. See herein: Rates and Fares Inspections; costs . . . . . . . . . . . Licenses Applicat.ion . . . , . . . . , , , . , . . Application date. . . . Changes of address Notification of . . [JcniLd, slandards for , . . . , . . . . . . . • ExpiraLion and application dales . . . . . . . . . . Nontransferable . . . . . . . Relluired . . . Suspension. rcvocalio71 Appeals from suspension . . CiLy council's puwer Lo re voke . . . . . . . . . . . . . Effect on operator ailer suspension or ft!Vl)Cbtiun . . . Power of cily clerk lo suspend lind revokf: ' Murkings . . . . . . . . Passengers Consent of pa:;;;,wgt::r required b ~ fore &dding others . Number of . . . . . . . . . . . . . . . . . . . . Rales and fare Receipts for fare charged . . ' . . . . , . Schedule of rates and wnes , . . . . Record of daily t.rips 1'rnfiic; Laxica!;s Sec: TRAFFIC TENANTS J)efined . , . TENEMENTS inspections of , . . . . THEATERS Parking in fronl of . . . , , • Smokin g: in prohibited . . . . 'I'll lEV ~S .Junk cnll ccton:, pawnhrokl:r:--, e t.c. H l!c(·iv i n ~ arti(;lj~:-; from thic s Supp. No.9 3359 Section 28-16 28-3 28-1 28·16 28-13 28-15 28-28 28-35 28-42 28-29 28-35 28-36 28-27 2B·39 28-40 28-41 28-38 28·14 28-20 28-18 28 19 28·21 28-17 26·127 et sell. 1·2 14-1 29-96 4-2 ! 7 ---PAGE BREAK--- LEWISTON CODE TOILET FACILITIES Food and food hand lers; toilet facilities requireu . . . . Outdool' pageants, music restivals, etc. . . . . THAFFIC Accidents, duty to report. . . . . . . . . . . . . . . . Alleys, entering fl'om . . . . . . . . . . . . . . . Animal·drawn vchicles, driving: regulated . . . . Animals, riding regulated . . . . . . . . . . . . . . . limilHt;on . . . . . . . . . . applicability oitrafii c iflws . . . . . . . . . , d c i ohedience t.o . Buses Parkirlg, stopping: and standing. See herein that subject Proh ibited on certain streets . Crosswalks traffic at . . . . . . . Pedestria ns. See herein that subject Defini Lions . . . . . Emerg,mcy regu lations . . . . . . Eme gl~ ncy vehicles, duty on approach of . . . . Emergency vehicles, regulations apply ing to Duty of drivers; exceptions to regulations . . . . Ente r i n ~ through SLreeL . . . . . . . . . . . . E llte rin l~ traffic from cmb . . Fire apparatuses Following, I)arking ncar . . . . . . Fire department members, obedience to . F ire department officials, <1uthority of . . . Fire hose, crossi ng. . . . . . . . . . . . . . . . . . . Funeral iduntificatiom. . . . . . I'leavy loads. . . . . . . . . . . . . . . . . . . . . . . . . . . . Intersection, obstr ucting traffic at . . . . . Left turn prohibited. . . . . . . . . . . . . . . . Lefuurns, praced me for . . . . . . . . . . . . . . . . . . . . . Littering the :;trects prohihited . Loading zones. See herein: Park ing, SLopping (lnd Standing- . . . . Mu nlers regulated . , . . . . . Noisy loading and unloading prohibited , . . . . . One· way streets, obedience to . . . . , , , . Location of . . . . . . . . Pnrades Defi nitions Exceptions Permit Alternative permit Supp. No.9 3360 SecLioll 12-5 4·3 26· [4 26-45 26·8 26·8 26-5~ \1·4 26·68 26-47 26-2 26·3 26-55 26·7 26·30 26·44 26·57 26·5 26·4 26-62 26·16 26-61 26·47 2650 26·49 2!l-64 26·66 26·65 26·63 26·37 26·38 26·246 26-256 26·252 ---PAGE BREAK--- CODE INDEX TRAFFIC-Coned. Application . . . . . Compliance . . . . . • . . . Contents . . . . . . Fee . . . . . . . Notice of rejection . . . . . . , . . . . . . . . Required . . . . . . . . . . . . . . Revocation . Standards for issuance . . . Parking meters. See herein: Parking, Stopping and Standing Parking, stopping and standing Ah(l,ndonment of vehicles Removal, expense . . . Advertising, parking for purposes of . . All night parking restricted . . . Alleys, parking in . . Alternate penalty provision, payment schedule . . Bus drivers regulated Time restriction . Bus stop zones, restricted use in emergencies . Bus stops, establishment of . Bus stops; other persons' use of Day parking prohibited . . . Daytime parking in business area limited . Diagonal packing . . . Duty when leaving vehicle unattended . . Even·numbered sides of certain streets, parking prohibited on Fifteen·minute parking . . . Fire lanes, parking prohibited at all times . Fire zones . . . . . . . Five·minute parking . . Hazardous or congested places, authority to designate Parking restricted . . . . Leaving vehicle unattended, duty . Loading zones Designated . . . . . . . Parking in restricted Monday through Friday Parking prohibited between certain hours . . . Monday through Saturday, parking restricted on . . . Nighttime summer parking limited . . . Nonresidents, exception for . Obstructing sidewalks . . . . Odd-numbered sides of certain streets, parking prohibited on One· hour parking . . . . . . . Parallel parking required Exception . Parked vehicles, lights on Supp. No.2 3361 Section 26-248 26-255 26-253 26-249 26-251 26-247 26-254 26-250 26-98 26-95 26- 123 26-90. 26-121 26-84 26- 131 26-130 26- 129 26- 132 26-124 26-108 26-89 26·97 26-105 26-113 26-107 26-87 26-115 26-99 26-97 26-146 26- 147 26-126 26-125 26-122 26-83 26-86 26-106 26-112 26·88 26-102 ---PAGE BREAK--- TRAFFIC- Cont'd. Parking meters Applicability _ . LEWISTON CODE Authority to install . . . . Coin required Overtime regulated . . . . _ . . Collection of coins . . . . . Correct parking position required . . Cost. . . . . . . Enforcement . . . . . . _ . • Extension of parking time . . . . _ . . . . • Failure to deposit coins . . . . . Evidence of unlawful parking . . . . . . . Fee schedule . . . _ . . Installation . . . . . . . Meter requirements . . . . . . . . . . . . . . . . . Meter space designated . . . . . Slugs. use of . . . • . Supervision . . . Tampering prohibited . . . . . . . . . Time limitations . . . . . . Parking not to obstruct traffic . . . . . . . Parking prohibited for periods over three hours . . . • Parki.ng prohibited in specified places . . Parking scoffi aw Defin itions . . Immobil ization of vehicles authorized, when . Notice to o\vner . . Purpose of pr ovisions . . . . Release of vehicle . , . , , . . Uncla imed vehicle To\vi ng . . . . . Violations; penalties . Parking time limited on streets . . . . Paving of streets, interference with . . . . . . . . . . . . . Places of assemblage Aut.hority to place signs at . Public utility vehicles . RegUlations not exclusive . . . . . . . . . . . Repairing streets, interference with . . . Reserved parking spaces . . School property Authority to regulate parking adjacent to . . . . Snow removal. interference with . . . . . . Special street sales. parking provisions . . . Standing oflarge vehicles regulated . . . . . . . . Street sweeping, interference with . . . . . . . Street. where parking prohibited at all times . . . SUPI). No. 2 3362 Section 26- 161 26·165 26-168 26-170 26-167 26-163 26-162 26-171 26-169 26-172 26-175 26-163 26-164 26-166 26-173 26- 163 26-174 26-176 26-85 26-103 26-104 26-266 26·267, 26·269 26·268 26·265 26·270 26·271 26·272 26-109 26-94 26-100 26-93 26-81 26-94 26-133 26-101 26-94 24-13 26-91 26-94 26-107 ---PAGE BREAK--- TRAFFIC-Conl'd. Taxicab drivers regulated Time restriction Taxicab zones; emergencies CODE INDEX Restricted use of . Taxicab zones; establishment of . . Taxicab zones; other persons' use of . . . Ten-minute parking . . Theaters, parking in front of . . Thirty·minute parking . , . . Truck loading and unloading . , . . . . . . . Two-hour parking . . . . . Vehicle registrant, liability of Winter nighttime parking . Passing . . • . Pedestrians Business district, crossing in . . Crosswalks, authority to establish Crosswalks, crossing at other than . . . Crosswalks. use of . . . . . . Drivers to exercise due care . . Passing vehicle stopped for . . Permitting pedestrians to cross in absence of signals Traffic·control signals. subject to . Police department divisions . . Police department members. obedience to . . Police department officials, authority of . . . . . Private driveways, entering from . . . Processions . . . . . Driving through processions prohibited Exception . . . Regulated generally . . . . Public employees to obey regulations Pushcarts regulated . Records and traffic division of police Right-of-way . . . . . . . Right turn, procedure for . . Sidewalks, driving over . . Signals. See herein: Traffic-Control Signs. Signals and Devices Signs. See herein: Traffic-Control Signs, Signals and Devices Slow signs, obediEmce to . Locations . . . Snow lind ice removal Parking, stopping and standing. See herein that subject Snow plows, following and meeting . Speed regulations generally . . . Obedience to slow signs . Prima facie evidence of excess speed Specific locations. . . . . . . . . . . . . Supp, No, 9 3363 Section 26-131 26-128 26-127 26-132 26-114 26-96 26·116 26-92 26-111 26-82 26-110 26-52 26-230 26-227 26-229 26-228 26-231 26-54 26-46 26-226 2-183(8) 26-5 26-4 26-45 26- 16 26·59 26-58 26-6 26-8 2-183(e) 26-43 26-48 24-5 26-33 26-34 26-56 26-41 26-33 26-40 26-42 ---PAGE BREAK--- LEWISTON CODE THAFFI C--Cont'd. Blandin!;. See herein: Parking, Stopping and Standing State laws incorporated . . . Stop signs . . . Obccii E,ncc to . Stopping. See herein: Parking, Stopping and Standing Taxicabs. See herein: Stopping and Standing Temporary onc-way streets Authority to designate Temporary regulations . . . prohihited, when . . . . Traffic ticket, removal of . . . Traffic-control signs, signals and devices Authority to install devices Bicycles, obedience to devices . Interference with . . . . . . . . . . . . . . . . . . . . . . . . . Missing and illegible signals . . . , . . . Obedience to . . . Signab generally . . . . Signs generally . . . . Slow signs, obedience to Stop signs . . . . Obedience to . . . Traffic·controllight signals generally . . Uniluthorized signs, signals or markings Display of, nuisance . . . Uniformity; officia.l devices . . . . . . . . . . . . . . . . . . Yield signs, location of . Obedience to . . . . . . . . T mobile, modular or prefabricated homes within city Limitation of . . . . . . . T ru(;k mutes, authority to establish Use required . . . Trl1ck;; Loading- :md unloading . Prohih il.ed tll1 t:l'l"l.ain St:lndi ng: regu];\l\:!d . . . . . . . . . . . . . . . . Turning movements of vehicles Left turn prohibited . . . . . Left turns, procedure for . . . . . . Right t urns, procedure for . . Turning around limited Warning devices. . . . Yield ~igns Location of . . . . . . . . O~di.nceto . TRANSITIDNAL ZONE. See ZONING Supp. No.9 :1364 Section 26-1 26-32 26-3 1 26-39 26-3 26-117 26- 15 26 9 6-5 26-13 26- 11 26- 11 26-18 26-18 26-33 26-32 26-31 26-29 26-12 2G-l0 26·35 2£,-36 2(i- J7 26·92 26·68 26·~) 1 26-:10 26·49 2(1 ·48 26-51 26-28 26-35 26-36 ---PAGE BREAK--- CO llI;; INJ)J;;X TRASH. See: WASTE DISPOSAL TREASURER. See: Crry TREASURER TREES. See: YEGETATION TRESPASSING Dogs trespassing . . . . . . . . . . . . . T RUCKS Traflie rcgulatitnl5 See: TKAFFIC TRUCK ROUTES Authority to establish Use required . . . . . . . . . . . . . . Supp. No.9 3364.1 Section 5-2:i 26· 1 el 26-60 ---PAGE BREAK--- ) ---PAGE BREAK--- CODE INDEX U URBAN INDUSTRIAL ZONE. See, ZONING URBAN RENEWAL Section Department of development director, duties . . . . . . . . . . . . . . . . . . 2·92 v VEGETATION Dutch elm disease . . . DUTCH ELM DISEASE VEHICLES See, MOTOR VEHICLES AND OTHER VEHICLES VEHICLES FOR HIRE Buses . . . . . . . . . . S , BUSES Definitions . . . . . Superintendent of public vehicles Appointed. duties. etc. . , , . . . . . Tuicabs . . . . . . See, TAXICABS VOTER REGISTRATION, BOARD OF. SEE, BOARD OF VOTER REGISTRATION WARDS Elections wards described WASTE DISPOSAL Containers w Placement of trash, etc., into for collection . . . Conveyance regulated . . . . . Depositing trash in public pI8ce8 or in sources afwater . Dump, dumping Abatement of violations . . . . . Authority to designate public dump . . . Automobile dumps . . . . . . . . Dumping of certain waste prohibited . . Duty to use dump . . . Hazardous materials . Police chief Duties pertaining to dumps . . . . . . Removal from dumps . . . . . . Duty of citizeng to deliver to collectors . . Hazardous materials Definitions . . . . . . . . . . Generally . . . . . . . . Violations, penalty . . . . . Waste oil . . . Supp. No.7 3365 27-16etseq. 28-68 et seq. 28-\ 28-2 28-13 et seq. 29-2 29-5 29-\ 29-9 29-7 18-2 29-\0 29-7 29-31 et seq. 29-9 29-8 29-4 29-3\ 29-32 29-34 29-33 ---PAGE BREAK--- LEWISTON CODE WAS'rE DlSPOSAL-Cont'd. Housing code; property maintenance requirementa Garbagl~ and trash . . Mlmicipal collection from certain establishment. . . Outdoor p!lgeants, music feativala, concerti, etc. Requirements for wute disposal . . . Placement oUrash, etc., for collection . . . Private collectors Duty of citizem to deliver to collectors . . . Section 15·113 29·6 4·3 29·2 29·4 Duration . . . . . . . . . . . . . . 29·21 LieenHe or authorization requirad , , . . . , . . 29·20 Revocation " , , 29·21 Voluntary relinquishment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29·22 Unauthorized collections. permitting . . 29·3 Required . . . . 29·3 Unauthorized collections, permitting _ . . . . . . . . 29-3 VI' A TER, POTABLE Outdoor pageants, muaic festivala, etc. Potabl€: water, requirements for . 4-3 WEAPONS. See: FIREARMS AND WEAPONS WEIGHTS AND MEASURES Weights and measures division of police . . , ' , , WELFARE. See: GENERAL ASSISTANCE WELLS Throwing r~arbage. dead animals. etc., into . . . WIND ENEHGY CONVERSION SYSTEMS Zoning Regulations re . . . . See: ZONING WIRES. Seo: POLES AND WIRES y YARDS :~:ning regtliations Beo: ZONING YE:AR Defined z ZONING Adult business establishments Nonconforming use . Regulation of . SUPII. No. 7 3366 2·183(F) 29·1 31·20(J) 31·letaeq. \ ·2 3HO() 31·20CK) ---PAGE BREAK--- CODE INDEX ZONING- Cont'd. Agricultural Zone Conditional uses . . . . . . . . . , . . Permitted uses . . . . . . . . . . . . . SpeciaJ requirements . . . . . . . . . . . . . . . Statement of purpose . . . . . . . . . . . Alterations Defined . . . . . . . . . . Nonconforming buildings, etc . . . . . . . . . . . Amendments to zoning ordinance . . . . . . . Apartment" Apt." Zone Conditional uses . . . . . . . . . Permitted uses . . Special requirements . . . Statement of purpose . Appeals Board of appeals. See herein that subject Application ofregulations . . Board of appeals. See also that subject Action by board on a conditional use permit petition . . . . Action by board on an appeal . . . Administrative action upon written appeals . Defined . . . How to appeal to board . . . . . . . . Successive appeals to board . . . . . . . . What one may appeal to board . . . . . . . Boats and other recreational equipment Parking and/or storage • . Boundaries of zones Building inspector Defined . . . . . . Enforcement . . . . • . . . . . . . Buildings Defini tions . Installation of wind energy conversion systems on. See herein: Wind Energy Conversion Systems Nonconforming use. See herein that subject Central Business District "CBD" Zone Conditional uses . . . . . . . . . . . . . . Permitted uses. . . . . . . . . . . . . • . . . . Special requirements . . . . . . . . . . . . . Statement of purpose . . . . . . . . . . Child care facilities . . . . . . . . . . . . . . . . . . . . . . . Definitions . . . . . . . . . . . . . Cluster development . . . . . . . . . . . . . . . . . . . . . . . . . Defined . . . . . Commercial Zone Conditional uses . . . . . . tpp. No. 1 3367 Section 31·11(C) 31·11(B) 31· 11(0) 31·1 I(A) 31·3 31·4(F) 31·29 31·12(C) 31·12(B) 31·12(0) 31· I2(A) 31·20, 31·28(A) 31·25 31·23 31·22 31·3 31·2I(B) 31·21(C) 31·2I(A) 31·20(0 ) 31· 7 31·3 31·27 31·3 31·15(C) 31· 15(8) :11· 15(0) 31· 15(A) 31·20(1 ) 31·3 3 I ·20 31·3 31· 14(C) ---PAGE BREAK--- LEWISTON CODE ZONING-Cont'd. Permitted uses . . . Special requirements for nonresidential uses Statement of purpose . . . . Conditional uses Conditional use permit petitions Action by board of appeals on Defined . Special requirements for . . . . . . Specific district requirements. See herein specific districts Comer cutbacks . . . . . . . . . . . . . . . . . . . . . . , , . . . . . Defined . . , _ . Definitions . . . . Earth remo,Jsl Enforcement . . . . . . . . . . , . . . . . Establishment of zones , . . . . . . . . . Exceptions. . . . . . . . . . Fences, walls. etc . . . . . . . Defined . . . . . Earth rernoval . . . . . . . . . Mobile home parks . . . . . . . . . . . Retaining walls . . . . . . . . . . . . . . . . . . . . . . . . . . Defined . . . . . . . . . . . . . . . . Swimming pools . . . . . . . . . . . Flood hazard areas, special . . . . . . . . . Floods. definitions re . . . . Group care fac ilities . . . Defined . . Height regulations . . . . . . Defined Industrial " I" Zone Conditional uses . . . . . . . . . . . Permitted uses . . . . . . . Special requirements . . . StAtement of purpose . . . . . . . . Insect and rodent control Mobile home parks . I nstitutionlLl Zone Conditional uses . . . Permitted uses . . Special requirements . . . Statement of purpose Lots Nonconforming use. See herein that subject Map . , , . . . . . Defined . :.\1obilc homes, mobile home parks Acceptance of plans . . . . . . . . . Compliance to be at owner's expense Supp. No, 1 3368 Section 31·14(8) 31· 14(D) 31·14(A) :11·25 31 ·3 31·26 31 ·31 31·3 31·3 31·36 31·27 31·6 31·20 31·31 31·3 31·36(8) 31·33(E) 31·32 31·3 31·30(C) 31·20(H) 31·3 31·20(1) 31·3 31·20(E) 31·3 31· 17(C' 31· 17" 31· 1- 31· ---PAGE BREAK--- CODE INDEX ZONING- Cont'd. Definitions . . . Design and construction standards _ _ Development generally " Individual mobile homes Regulations for . . . Inspection of parks . . . . . Licenses . . . . • . . . . : . Nonconforming . • • . Nonresident trailers . Notices, hearings and orders Parking and/or storage . Permits . . . . . . . . Property development standard.s for parka . Property development standards within parka . . , , . . . Purpose . . Temporary residencea. trailers used for ; Uses permitted , , . . . . Veea prohibited . I Zones permitted in . . . . . Modificatiom and exceptiom . Noise Wind energy conversion system, noise. See herein: Wind En· ergy Conversion Systems Nonconforming use Abandonment of nonconforming use . Adult business establishments . Applicability of zoning ordinance to esiating structures, uses Change of a nonconforming building, etc., to conf()rmi~ build· ing, etc . . . . Change or extension of nonconforming building, structure or use Damage to building, structure, etc. . . . Display signs, nonconforming . . Division of nonconforming Iota Mobile homes, nonconfo~ing : . Nuisance declared . . . . Porches, nonconforming I Off· street parking and loading requirements . . . . Definitions . . . Mobile home parks . . Off·the·road vehicles Parking and/orstorage . . Ordinances Baved from repeal, other proviAiom not included here· in. See the preliminary pages anu the adopting ordinance of this code Parking andlor storage Certain vehicles prohibited-in-specific zones . , . . , . Penalty for violations _ . . _ • . . . . Supp. No. 7 3369 Section 31-3,31-33(8) 31-33(N) 31-33(K) 31-34(A) 31-33(1) 31-33(H) 314m 31-34(8) 31-33(J) 31-20(D) 31-33(G) 31-33(E) 31-33(F) 31-33(A) 31-34(C) 31-33(C) 31-33(D) 31-33(L) 31-20 31-4(E) 314(K) 31-4(8) 31-4(D) 31-4(C) 31-4{F) 31-4(G) 31-4(H) 314m 314(A) 314(J) 31-35 31-3 31-33 31-20(D) ;11-20(D) :11 -27(0) ---PAGE BREAK--- ZONING- C"nt'd. lPermittE:d U8es LEWISTON CODE Defined . . . . . . . . . Specific diatrict requiremonto. See herem lpecific districts 'Porches Nonconforming use. See herein that subject IRecreationlJ.I equipment, major Parking llnd/oratorage . . . . JResidentiall "Rl'l Zone Conditio:l1nl U89B . . . . Permitted uses . . . . . . . , . . • , . . . Special r4!:quirementa . . . . . . . . • , . Statementofpurpo8e . . . lR4:!'8identiaI3 "Ra" Zone Conditional uses' . . . . . . . . . . Permitted uses . . . . . . . • . . . . . . . . • . Special J'aquirements . . . . . . . Statement of purpoee . . . . . . . Residential 8 "as" Zone Conditio.na.l uses . . . . . . Permitted U&eS • • • • • • • • • • • • • • Special Nquirement8 . . . . . _ . Statement of purpoee . . . . . _ . . . . . lRe:eource Protection "RP" ZoDe Conditional uses . . • . . . . . . Permitted U&e8 . . . • . . • . . • • • • Spec ial l'l~ uirement8 . . • . . . • Statement of purpoee . . . . . . • • Semidetached dwellings-side yarde . . . . Setbacks Wind ent~ rgy conversion system, setback requirement&. See here- in: Wind Energy Conversicn Syatem Severabilit.y of provisions . . . . . Short title . . . . . . . . • Sit:ns .Definitions . . . . . . . . . . . Display signs, zcnes permitted in . . . . _ :Mcbile home parka . . . . . Ncnconforming . . . . . . . . Special requirements Specific district requirements. See herein apecific diatricta Statement of pwpoee . . . . . . . . . . Suixlivisicils . Applicaticn cfregulationa . . . . . Swimming pools . . . . . . . . . . . Construction permit and approval . . . . . . . . Definitions . . . . . . . . . . . . . . . . Encl.O$uren . . . . . . . . Supp. No.. 7 3370 Secticn 31-3 3l-'IO(D) 3l-3(C) 31-0(8 ) 3l 3HJ(A) 31 -il(C) 31-\l(BI 31-HA) 31-ID(C) 31-10(B) 31 -10(D) 31-l0(A) 31· J{B) 31- 1 31-H(A) 31-20(F) 31-2:1(B) 31-2 31-3 31-3'/ 31-3:I(E) 31-4IG) 31-1 31-2(1 31-3{1 3l-3{I(F) 31-3,31-m(A) 3l-3NC) ---PAGE BREAK--- Page lA-22 December 200 1 81. TempOl'ary Traffic Control Zone-an area of a highway where road user conditions arc changed because of a work zone or incident by the use of temporal), traffic control devices, naggers, police, or other authorized personnel. 82. Traffic-pedestrians, bicyclists, ridden or herded animals, vehicles, streetcars, and other conveyances either singularly or together while using any highway for purposes of travel. 83. Traffic Contl"ol Devices- all signs, signals, markings, and other devices used to regulate, wam, 01" guide traffic, placed on, over, or adjacent to a street, highway, pedestrian facility, or bicycle path by authority of a public agency having jurisdiction. 84. Traffic Control Signal (Traffic Signal)-any highway traffic signal by which traffic is alternately directed to stop and permitted to proceed. 85. Train-one or mOI"e locomotives coupled, with or without cars, that operates on rails or tracks and to which all other traffic must yield the right-of-way by law at highway-rail grade crossings. 86. Transverse Markings-pllvement markings that are generally placed perpendicular and across the flow of traffic such as shoulder markings, word and symbol markings, stop lines, crosswalk lines, speed measurement markings, parking space markings, and others. 87. Traveled \Vay- the portion of the roadway for the movement of vehicles, exclusive of the shoulders, berms, sidewalks, and parking lanes. 88. Urban Street- a type of street normally characterized by relatively low speeds, wide ranges of traffic volumes, narrower lanes, frequent intersections and driveways, significant pedestrian traffic, and more businesses and houses. 89. Vehicle--every device in, upon, or by which any person or property can be transported or drawn upon a highway, except trains and light rail transit operating in exclusive or semiexclusive alignments. Light rail transit operating in a mixed-use alignment, to which other traffic is not required to yield the right-of-way by law, is a vehicle. 90. Warning Sign- a sign that gives notice to road users of a situation that might not be readily apparent. Secl. tAt3 ---PAGE BREAK---