Full Text
9/11/2009 1 Table XI.2 Space and Bulk Standards Notes If any structures are less than 150 feet from the road that provides its legal frontage; 100 feet if all structures are at least 150 feet from the road that provides its legal access; 50 ft per access if multiple accesses DR - residential use: 65 ft mixed use structures and commercial uses; RF - 75 ft Or a larger minimum lot size based on the requirements of the Maine Subsurface Wastewater Disposal Rules All uses 1,000 sf for new construction with 25% or more of the units reserved for low to moderate income housing as defined by H.U.D. or if the housing development is owner occupied Where the front yard area for uses other than residential is located across the street from an abutting property in a residential zoning district and in residential use, a twenty-five (15) foot buffer area shall be maintained in the front yard area meeting the standards of Article XIII. Where the side or rear yard area is located within fifty (50) feet of a residential zoning district, a fifty-foot wide buffer strip shall be maintained in accordance with the buffer standards of Article XIII. 75 ft minimum setback from shoreline all structures other than permitted piers, docks, marinas, dams, bridges and other water dependent uses; 50 ft minimum shoreline and 25 ft minimum stream buffers to be maintained in natural vegetative state Minimum shoreline frontage 100 ft (10) Any required side or rear yard area located within fifty (50) feet of a lot containing a dwelling not in a residential zoning district shall be maintained as a buffer area meeting the standards of Article XIII. (11) The industrially-zoned land on the east side of River Road, from Alfred A. Plourde Parkway to the City of Lewiston Solid Waste Transfer Facility (290 River to 424 River Road), is subject to the following additional standards: the minimum front setback for all uses is one hundred (100) feet; the minimum front yard for all uses is one hundred (100) feet, and shall be maintained as a buffer area meeting the standards of Article XIII; and only one new vehicular access point will be allowed along the frontage between 326 River Road and 424 River Road (the City of Lewiston Solid Waste Transfer Facility), and that access must be created somewhere along the properties from 380 River Road to 424 River Road. (12) The land on the on the east side of Main Street from Brooks Avenue to the Russell Street overpass, including 579 Main Street and 15-18 Pettingill Street, and the land on the west side of Main Street to the Maine central Railroad right-of-way from Strawberry Avenue south to the Russell Street overpass is subject to the following additional standards: 1 ---PAGE BREAK--- 9/11/2009 2 a. Modifications of the space and bulk standards may not be granted by granted by the board of appeals, planning board, staff review committee or code enforcement officials, with the exception of side and rear yards where the abutting use is nonresidential. b. In all cases, trees on the entire site with a diameter of greater than six inches shall be preserved unless removal is necessary for development activity as determined by the appropriate reviewing authority. c. The front yard must be planted with deciduous street trees (not including flowering ornamental trees) at intervals of fifteen (15) to thirty (30) feet on center, shall have a minimum two and one-half (2 1/2) inch caliber, and shall be at least eight to twelve (12) feet high at the time of planting. Existing impervious front yard areas must be revegetated to these standards, when a property is subject to development review. d. Each premises is permitted one free standing ground sign not exceed seventy-two (72) square feet. Each business entity is permitted a wall sign not to exceed five percent of the ground floor principal facade area of that business or a minimum of sixteen (16) square feet, whichever is greater. Ground signs are encouraged to be pedestal type ground signs not exceeding eight feet in height. e. Access is prohibited onto Brooks Avenue, with the exception of single-family homes. f. The following design standards are encouraged for any project subject to development review; however, may be waived by the appropriate reviewing authority due to site limitations and the nature of the development: Off street parking is to be located on the side and rear of buildings; Any new development or renovations shall generally relate in design features to the surrounding building, showing respect for the local context of Main Street, as seen from Holland Street to Montello Street; Gable or hipped roofs should be used to the greatest extent possible with any new development or renovations. Flat and shed style are roofs are discouraged, unless architectural features are applied to minimize the roofs appearance from Main Street false fronts, parapets, etc.) Shared driveway entrances shall be encouraged with adjacent sites, in order to minimize curb cuts. Additional landscaping, buffering, and screening is encouraged to minimize views of parking areas from streets and abutting properties. (13) Modifications (i.e. relaxation of standards) of setbacks, yards, maximum lot coverage ratios, maximum impervious surface ratios, minimum open space ratios, and maximum building height as contained in subsection may be granted by the board of appeals, planning board, staff review committee and the code enforcement official pursuant to Articles V, VII, VIII, IX, and XIII of this Code. (14) Individual lots created as part of this development shall meet the minimum lot size, frontage and setback requirements set forth in Article XIII (15) Ten (10) foot minimum side and rear setback in HB District for structures measuring less than 125 square feet accessory to residential uses (16) Any required side or rear yard area for uses other than residential located within fifty (50) feet of a residential zoning district shall be maintained as a buffer area meeting the standards of Article XIII. 2 ---PAGE BREAK--- 9/11/2009 3 (17) For the purpose of determining compliance with front, rear and side setback and yard requirements, an enclosed walkway connecting structures on abutting lots in the institutional- office (IO), whether it be underground, elevated or at grade, shall not be considered a structure but shall be considered a walkway. Similarly, awnings and canopies installed on lots in the institutional-office (IO) district that provide shelter from the elements, whether made of permanent or non-permanent material shall not be considered as structures and may extend into the front, side, and rear yard areas to the extent necessary to provide adequate shelter from the elements as long as the installation will not result in undue impact on adjacent properties, due to the placement of the awnings or canopies, location of service, parking or storage areas, or blocking of solar access, and shall in no way interfere with utilities or with the convenient and safe use of the sidewalk and street right-of-way by all pedestrians and vehicles, but in no case may the canopy be closer than two feet from the property line. (18) Existing lots of record having more than 150, but less than 500 feet of frontage on a street functionally classified as an arterial shall be limited to two points of vehicular access to the arterial to service all development on the lot including the division of the lot into additional lots. Existing lots of record having 500 feet or more of frontage on a street functionally classified as an arterial shall be limited to two points of vehicular access to the arterial for up to 1,000 feet of frontage, plus one additional point of access to the arterial for each additional 500 feet of frontage on the arterial or portion thereof. These points of access shall service all development on the lot, including the division of the lot into additional lots. Prior to the division of any existing lot of record having a gross lot area of five acres or more or 500 or more feet of street frontage on a road functionally classified as an arterial or the submission of a development plan for all or a portion of the lot, the owner shall file a master development plan with the planning board. The master development plan shall be conceptual in nature and shall be based upon a site inventory plan identifying the major development opportunities and constraints associated with the site. This inventory shall be prepared by a registered landscape architect or registered professional engineer and shall show in a conceptual manner natural drainage features, environmentally sensitive areas, prime development areas, potential points of vehicular access, and other significant manmade and natural features of the site. The master development plan shall address the overall use of the parcel, the overall vehicular circulation system within the parcel, the coordination of accesses onto the arterial street, the general layout of utilities and drainage and provisions for buffering. The master development plan shall also demonstrate how the requirements of the office service district and the standards of article XIII will be met. Once the master development plan has been filed with the planning board, any division of land or application for approval shall be consistent with the plan unless a revised master development plan is filed. (19) The land on the on the west side of Main Street from Brooks Avenue to the Main Central railroad right-of-way from Strawberry Avenue south to the Russell Street overpass is subject to the following additional standards: a. Modifications of the space and bulk standards may not be granted by granted by the board of appeals, planning board, staff review committee or code enforcement officials, with the exception of side and rear yards where the abutting use is nonresidential. b. In all cases, trees on the entire site with a diameter of greater than six inches shall be 3 ---PAGE BREAK--- 9/11/2009 4 preserved unless removal is necessary for development activity as determined by the appropriate reviewing authority. c. The front yard must be planted with deciduous street trees (not including flowering ornamental trees) at intervals of fifteen (15) to thirty (30) feet on center, shall have a minimum two and one-half (2 1/2) inch caliper, and shall be at least eight to twelve (12) feet high at the time of planting. Existing impervious front yard areas must be revegetated to these standards, when a property is subject to development review. d. Each premises is permitted one free standing ground sign not exceed seventy-two (72) square feet. Each business entity is permitted a wall sign not to exceed five percent of the ground floor principal facade area of that business or a minimum of sixteen (16) square feet, whichever is greater. Ground signs are encouraged to be pedestal type ground signs not exceeding eight feet in height. e. The following design standards are encouraged for any project subject to development review; however, may be waived by the appropriate reviewing authority due to site limitations and the nature of the development: Off street parking is to be located on the side and rear of buildings; Any new development or renovations shall generally relate in design features to the surrounding building, showing respect for the local context of Main Street, as seen from Holland Street to Montello Street; Gable or hipped roofs should be used to the greatest extent possible with any new development or renovations. Flat and shed style are roofs are discouraged, unless architectural features are applied to minimize the roofs appearance from Main Street false fronts, parapets, etc.) Shared driveway entrances shall be encouraged with adjacent sites, in order to minimize curb cuts. Additional landscaping, buffering, and screening is encouraged to minimize views of parking areas from streets and abutting properties. (20) Where the side or rear yard area for uses other than residential is located within fifty (50) feet of a residential zoning district, a minimum fifty (50)-foot wide buffer area shall be maintained along the side and rear yards in accordance with the buffer standards of Article XIII. (21) Notwithstanding, applicable setback and yard requirements and the provisions of Article XII, section 17(f)(3), the area between the required front yard and the front wall of the portion of the building or structure closest to the street and running the full width of that portion of the building shall be maintained as a yard area, except that only one of the two following options may be instituted: a. Access roads or drives in this area are permitted only when a minimum of twenty (20) feet of front yard area can be maintained (forty (40) feet in the NCA District); or b. No more than one parking space shall be created in this area. (22) In areas where the existing buildings have an established uniform setback relationship to the street, any new building or modification to an existing building shall maintain this established relationship notwithstanding the provisions of subsection An established uniform setback relationship is deemed to exist when the distances between the front face of the building and the edge of the travel way in the adjoining street for the two adjacent parcels fronting on the same street on each side of the subject parcel are within five feet of mean of this distance for the four parcels. For the purposes of this provision, lots shall be deemed to be adjacent even if separated by a street or public easement. (23) Fifty (50) percent of the area between the required front yard and the front wall of the 4 ---PAGE BREAK--- 9/11/2009 5 5 portion of the building or structure closest to the street and running the full width of that portion of the building shall not be used for parking and shall be maintained as additional yard area, except that access roads or drives and sidewalks are permitted in this area. (24) Minimum lot size may be reduced to as little as 30,00 sf, minimum frontage reduced to as little as zero feet and maximum lot coverage increased to as much as 0.50 if approved by the Planning Board as part of an Open Space Subdivision pursuant to Article XIII section 7. (25) One lot with a minimum lot size of 60,000 sf may be created for a single family residence out of a single lot of record as of provided that: the applicant has owned the lot of record for a period of five years prior to and the lot was occupied by a single family residence as of that date; the remaining land exceeds the 60,000 sf; and the lot is not created as part of a subdivision.