Full Text
Sec. 12. Highway business district (HB). Statement of purpose. The purpose of the highway business district is to provide areas within the city for the location of businesses which are dependent on automobile borne customers and which require large parking areas to be successful. The standards of this district are intended to allow commercial uses while requiring controlled highway access, good quality site design and protection of adjacent residential property. In addition, the standards require the preparation of a master development plan prior to the development of large parcels. Applicability. The standards of the highway business district shall apply to all land shown on the "Official Zoning Map of the City of Lewiston" as being located within a highway business district. Permitted uses. In a highway business district, any new building or structure which is constructed, any existing building or structure or part thereof which is used, altered or enlarged and any parcel of land, whether in whole or in part, may be used for one or more of the following: Hotel, motel, or inn; Restaurant; Drive-in restaurants; Places of indoor assembly, amusement or culture; Retail stores; Arts and crafts studios; Professional offices; Office buildings and business offices; Tradesman's offices; (10) Personal services; (11) Lumber and building material dealers; (12) Building and construction contractors provided there is no exterior storage of materials or equipment visible from a public street or abutting property; (13) Transportation facilities; (14) New and used car dealers; (15) Recreational vehicle dealers; (16) Mobile home dealers; (17) Gasoline service stations; (18) Auto and equipment repair garages; (19) Equipment dealers; ---PAGE BREAK--- (20) Commercial parking facilities; (21) Veterinary facilities including kennels; (22) Mortuary or funeral parlor; (23) Academic institutions, including buildings or structures for classroom, administrative, laboratory, art, theater, dining, service, library, bookstore and student recreational uses, and athletic buildings or structures in which the number of spectators permitted under the fire code of the City of Lewiston shall not exceed the combined staff and resident student population of the institution; together with buildings accessory to the foregoing permitted principal buildings or structures; (24) Hospitals, including institutions for the handicapped; (25) Religious facilities including churches, synagogues, and other houses of worship, rectories and parsonages and church-affiliated community purpose facilities; (26) Municipal buildings and facilities; (27) private or commercial schools including business colleges; (28) Home occupations; (29) Accessory buildings and uses; (30) Wholesale sales, warehousing and distribution facilities; (31) Fully enclosed light industrial uses involving no exterior storage of materials, equipment or products; (32) Business offices; (33) Automotive services, except repair; (34) Small day care facilities; (35) Private industrial/commercial developments; (36) Forest management and timber harvesting activities in accordance with the standards of article XII; (37) Movie theaters; (38) Family day care homes; (39) Day care centers; (40) Group care facilities; (41) Mixed use structures involving the adaptive reuse of an existing building. Conditional uses. In a highway business district, any new building or structure which is constructed, any existing building or structure or part thereof which is used, altered or enlarged and any parcel of land, whether in whole or in part, may be used for one or more of the following uses only after the issuance of a conditional use permit in accordance with article X of this Code: ---PAGE BREAK--- Commercial outdoor recreation; Reservoirs, pumping stations, standpipes or other water supply uses involving facilities located on or above the ground surface; Transformer stations, high voltage power transmission lines, substations, telephone exchanges, microwave towers or other public utility or communications use; Drinking place; Drive-in theaters. Space and bulk standards. TABLE INSET: ! ! ! ! ! ! ' ( ' ' ! * ! + , - $ Additional standards. Where the side or rear yard area adjoins a residential zoning district or a property in residential use, any required side or rear yard area shall be maintained as a buffer in accordance with the buffer standards of article XIII. Existing lots of record having 150 feet or less of frontage on a street functionally classified as an arterial shall be limited to one point 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 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 ---PAGE BREAK--- 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. Notwithstanding the aforementioned standards, owners of legally existing lots of record that were developed at the adoption date of this Code may reduce the side and rear setbacks for additions to the extent necessary in conjunction with development review pursuant to article XIII hereof. The development review committee may not reduce said setbacks unless it finds that the following standards have been met: a. If the requested addition is to be five feet or less from the property line the applicant must secure a maintenance agreement with the abutter, to be reviewed and approved by the development review committee, prior to the approval of the setback reduction; b. The proposed addition cannot be otherwise located on the lot to satisfy the Code requirements for which relief is sought; c. The granting of the reduction will not result in undue impact on adjacent properties due to the placement of the addition or building, diversion of surface water or blocking of solar access; and d. The proposed development must meet all other space and bulk standards of the district, and the environmental performance standards listed under article XII, section 19 of this Code. 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 highway business 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. ---PAGE BREAK--- Existing nonconforming single-family dwellings in lawful existence as of January 9, 1988 may be converted to a two-family dwelling as long as the conversion is done within the existing building envelope. (Ord. No. 89-3, 4-7-89; Ord. No. 90-3, 5-17-90; Ord. No. 90-17, 1-11-91; Ord. No. 92-12, 6-4-92; Ord. No. 92-18, 9-10-92; Ord. No. 94-14, 10-20-94; Ord. No. 96-3, 4-18-96; Ord. No. 97-7, 9-11-97; Ord. No. 98-2, 3-19-98; Ord. No. 98-6, 7-2-98; Ord. No. 00-19, 10-5-00; Ord. No. 00-27, 1-11-01; Ord. No. 02-07, 5-2-02; Ord. No. 05-07, 3-17-05) Editor's note: See editor's note at Article XI.