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z..:mnm O?'!):CL~iCE FOR ?RE Cl TY IE STON PEJISELl Z(llin~G ORDIJVU;8E .LD';:S'IDr J H:"JJfE t.S JJ~DED ;Jill AP8 J VW JULy I . } q64 AN regule.ting and r~ stTictiT~g the location , on anC: 1.<.SC of buildines er.d the use of pre:nises in the City (If Lewistonj d:-afted as an :'nteg=al part o.f compre~lensive plan for n::unici!lfl.l develop.:ne!lt ~ B"nd [01' t he Pt:'OOtotior. of the hes:i..t:I , safety a!lQ e ene;-;;>.l wej.fare of t.he rebidents of tbe City of l-ewiston i des i,91ed amon!:S othe:- things to encollrege the moat Bppro?ri~te use of land through- out the municipality, to pro~ote t:-affic safet)~, t o prov"ide safety from fire and othe~ elements , to provide B u ~ qu~te lieht and air , to preVbL.t c;.·,rt:::,:'c::-ovding of real estate , to pro!':1ote 8 wholesome home environment, to prevEnt housi:lg develop!!lent in unsRnitar:y areas, to providz an adequate street system, to promote t.he r:oordir.ated cie- velop~eI!t of· unbuilt ar~as. to e-n.:ourf.:ge the f orm£ltion of corr 7lunity uni~s, to provide an allotment of l end area in ~ew aeveJorpents eufficient :for &11 the req:t;i rement s of co::ml1.mit;y l:Lfe, to conS'?TVe n.atura:l resv"L.::'ces, to provide for ('ld~qu a te publ ic ~ enrice s j And for said purposes di~~aiDg t~e Ci~y i~tc Z0~e s . BE rr ORDATh"ED by t h-e Yl8.yor and of Aldermen of th~ City of Levieton izi BoarBILE ROHES ADJ vehicle which i" used as sleeping or living qua!'ters, which io or may be l:lounted on wheels, and which is or may be propelled either by its own power or by another power-driven vehicle by which it may be attached. RETAIL USES The offering within a building of goods for uee or consumption either within the building, or on or off the prem- ises. SERVICE USES The offering within a building of or satisfying a general demand to persons or repairs to proper- ty excluding automotive service and repair facilities, includ- ing nursing homes, rest homes, lodging houses and boarding houses. SIGN OR BILLBOARD ADJ structure erected iodependentl:r or attached to any structure for the purpose of -baving pJACed thereon anything in the nature of an advertisement, anno~e mont or direction. Attached signs and billboards include such as are permanently ~;tached to any building or other structure. Detached signs and billboards shall include such .e are specially constructed as such, without attachcent to any other structure. (see "bf! - Residential Zones) YARDS Front Yard An unoccupied space width of the lot in front of a building. tiel Zones) Rear Yard An unoccupied space full width of the lot between the extreme ing and the rear lot line. e~~ending the full {see tic" - Residen- extending for the rear line of a build- Side Yard An unoccupied space extending for the full length of a building between the building and the side lot line. f. The measurement of yards shall ordinarily be taken from the lot line. Every part of a required yard shall be open ror its full required width from its lowest point to the eky unobstructed, except for proje ct io~~ into any yard of .~ow sills, belt ooursee, and t other ornamental features not more than four inches, and of cornioes ot more than eighteen inches; eycept for the projection into any rear yard of not more than one cellar entrance Dot exceeding fi~e let in width or length or three reet in height above the first otory floor, of o~n or lattice-enclosed fire escapee, fireproof outside stairways or solid floored balconies upo~ tire towers not - 4 - ---PAGE BREAK--- . ~ then i'our feet ; and except for the projection into the reul' ~ of an exieting building of chimneys or flues not exceedins .ve 5.!U&.r.e f eet in horizontal area and not so located as to obstruct .:otilation. AGRICULTURAL ZONES .21· 3 ~ . Section 7- m AN AGRICULTURAL ZONE a. USES: 1. Agricultural. pursuits -all types of crop or l h'estock fanning. 2. Residential A and Buses. b. No building exceed three stories in height. c. Lot size and frontage for aIrY new use shall be in conform- ance wit h the requirements for Residence Zone B. DIDUSTRI AI. ZONES Section ,25. m AN INDUSTRIAL ZOIlE--GENERAL a. USE No building shall be erected , altered or used t and no premises shall be used for any of the follo~~g specified trades, industries or uses: 1. A8m0ni~,ble8c~ing powder or chlorine manufacture or refining; 2. Asphalt manufacture or refining; 3. Blast furnace ; 4. Cement, gypsum, lime or plaster or Paris manufacture i 5. Coke manufacture ; 6. Creosote manufacture; 7. Dextrin, glucose or starch manufar.:ture; 8. Distillation of bones , coal o~ ~ood or manufacture of any of their by- products; 9. Dye I:l.9.nufactw-e; 10. Explosives or fireworks ma~ufacture , or stora£e i n ex- cess of five~' .l:dred (500) pounds j 11. Fat, grease, l ard or tallow ~nufacturet refining or rendering; 12. ?ertilizer manufacture ; 13. Gas (fuel or illUJilinating) manu fact~re in excess oi one thousand (1,000) cubic feet ~er day or storage in ex- cess of ten thousand (10, 000) cubic ieet ; - 5 - ---PAGE BREAK--- 14. 15. 16. 17- 19· 20. 21. 22. 23. a5. 26. 27. 28. 29. 30. 31. 32. Gelatin, clue or size manufacture ; Hair manufactul'e; Hot rolling mill; Eydrochloric , nitric, pic~ lc . sulphuric of suphurous acid manufacture; Incineration, cremation or reduction of dead anL~a1s. garbage , offal or refuse unless accumulated and consumed on the same premises without the emission of odor; Lamp black manufacture; ~noleum or oilcloth manufacture; Ha,tch manufacture; Hetal or ore reduction or sroeltingj The production or refining of petroleum or other in- flammable liquids; Pyroxylin manufacture, manufacture of articles thereof, or storage in excess of five hundred (500) pounds unless in a \Bult approvee by the Inspector of Build- ings; Rubber manufacture or treatment involving offensive odor. Slaughtering except as permitted by the Board of Health; Stockyards; . - Tanning, curing or storage of rawhides or 5ki~~; Tar Distillation or :TlaI!ufacture; Turpentine, ~t or varnish manufacture; Bulk st"J!"HGe of liquid fuels of any kind exceeding twenty thousand (20, 000) sallons. Any bulk storage of gasoline under twenty thousand (20, 000) gallons must meet the requirements of the Lewiston City Ordinance for gasol ine bulk storage ; Any other trade, ind.ustry ar use that i s l nJuriou6 , noxious or offensive to a neighborhood by reason of the emission of oing. The application for a finding on permitting one of these speci- fic ~ses shell be accompanied by a fee ·of twenty-five ($25) to cover costs of hearing notification and pUblication. b. Recreational areas shall be permitted in Industria1-Ge~eral Zones. COI1KERCIAL ZONES ~ .;lfi'-.j Section IN A COI·a1LP.CIAL ZONE: a. ~ No building shall ~ erected, altered or used, and no premises shall be used. for any use pr ('lhibi ~ ed in an Industrial Zone, or for any use injurious, noxious or offensive to a neighborhood by reason of tte emission o~ odor, fa~es, dust, smoke, vibration or noise or other cause, but not inclurling places of a"':iusement. b. HZIG!!T Ho bt:.iloing shall exceed one hundred fifty-five (155) feet in heisht, 11~ovidecl that a rElrt of f\ building not exceed- ing in area one-quarter that of the building at a height of one hundred twenty-five (125) feet may exceed such limit by three feet for every feet tr..at the maximur.! height of the remainder of the builc1.i.ng is less than one hundred fifty-five (155) feet, and pro- vided furt~er that no part of a building s~~ll exceed in height twice the horizontal distFl!lc€' fron the face of such Dart to the linf of the f>treet on the opposite siee. Hithin one hund;ed (leo) feet of the intersection of two(2) ~treets the height on ~he ~rower street need not be less than that hereby permitted on the wider street. Hhere not more than one ht:nd:-ed (100) f eet of a street frontage would otheJ'\o'ise be subjectell to a height limit l ower than that permitted immediately beyond both ends of such frontage- the height limit on 5Uch frontage shell be equal to the le.zser of such greater limits.. All buildings in a Commercial Zone must confom to the Buildi.'1g Code, the provisions of which are to take precedence over any heigI-Lt provisions of this ordina:lce, which conflict with the Building Code. ---PAGE BREAK--- c. The following types of uses are permitted but with o~e exception that no garage, filling atQtio~ Ol~ sernce sta- tion shall be constructed, erected, or used ~thin the area bounded by Main Street, Cenal Street, BL-ch Street, and Blake Street: ApartmeD.t house; Hotel (or motels or other transient houeing); Light manufacturing; Multiple family dwellings (including rooming houses); Office usee; Retail trade; Residences; Service uses (including places of amusement); Warehousingi Wholesale trade; Rooming and boarding houses; Church; Educational use; Hospitals; Municipel recreational use; d. ill COMMERCIAL ZONES-RErAlL Only retail usee, service usee and office uses shall be permitted. AFARl'I1ENT HOUSE ZONES .:z.y -f Section ill AN AFARTHEm' HOUSE ZONE: a. USE. No building shall be erected, altered or used, anc no premises shall be used for any use other than onc(l) or more of the following uses, and any use injurious, noxious or offensive to a neighborhood by reason of the emission of odor, fumes. duet, smoke, vibration or noise ia prohibited. 1. Tenement or apartment house, lodging or boarding house or any use permitted in the Residence Zone; 2. Hotel, provided it conforms to all the requirements of this ordinance and of the building code for a tenement house; 3. Club, except clubs the chief activity of which is a service customarily carried on as a bUBineesi 4. Church; 5. Eaucational use; 6. Hospital or sanitariUJ!l; 7. MUnicipal recreational use; 8. Telephone exchange office; 9. Accessory use cuetomarily incident to any of the above _ A _ ---PAGE BREAK--- The term "accessory use" in thi s and the next three sections ~hall Dot include: n. Any use injurious or of fensive t o the neighborhoodj b. Any use not on t he same l ot wit h the buil ding to which :it is accessory; c. Signs except those pertaining t o the lease , sal e or use of a l ot or building on which pl aced, and not exceeding a total area of two square f eet; on a l ot occupied by a d~elling house or t enement house there s r~ ll not be more than one sign bearing t he naDle or occupation of an occupant for each family housed and no such sign shall exceed two square fe e~ in area. b. REAR YARD There shall be behind every building a r ear yard having a minimum depth of twelve (12) feet. c. S]])E YARDS Side yards shall be provided a minimum width of five feet from the lot line. d. FRONT YARDS There shall be in frent of ev. ry building a tront yard having a minimum depth of five feet, pr ovided that no f ront yard need be deeper then the average of the depths of front "arda on the lots next thereto on either aide, a vacant lot or ~ ; a lot occupied by a building with a front yard more than five reet deep being considered as having a frent yard five feet deep. e. CORNER CLEARANCE Between the lines of i ntersecting streets and a line joining points on such lines ten (10) f eet dista.nt from their point of intersection or, in the case of a rounded corner , the point of intersection of their tan~ents, no building may be erected above a height three and one-half feet above t he pl ane through their curb grades. f. m:r,GHT No building shall exceed sixty-five (65 ) f eet or five stories in height unless it sets back from each street and lot line ten (10) feet in addition t o the above r equir ements plus one foot for each foot of excess height. No building shall exceed seventy (70) feet or five st ories in height . All build- ings in an Apartment Zone must conform t o the Bui l ding Code , t he provisions of which are to UL~e precedence over any hei ght provi- sions in this ordinance whi ch conflict with the Buiding Code. g. BUILDING AREA No building shall occupy mor e t han seventy (70) per cent of its lot, pr ovided that on a corner l ot an addi tion- al four hundred (400) square feet may be occupi ed. h. AREA OF LOr FER FAMILY Apar tment House Zones. No dwelli ng shall be erected or altered t o accommodate or make rrcvi sion f or more than one family for each five hu.::i::red (500) square f eet of the area of the l ot. ---PAGE BREAK--- ZONES 7 Section;' ~m!tr · ·of.J'-41!t-Itve~·· ··e.nd -Rt:eeJeJ:l-Streett_!l.Orihea6terly. , - 12 - ---PAGE BREAK--- E· ~ t J 4 ~ t - .Jt. ~ e:rt Ud·--B ·2".U11e 8 -d regulLtione' a. !fo pa--t of required yard o~ court shall be hisber in level aboYs the floor of the first story than one foot for each two feet of distance frca the building. except as proYided herein. for buildings of acc8asory use or garages in any zone; and for a building other than a dwelling house or tenement house and not in a Residential. Apartment Honee or CoaBerc1al Zone. no yard, except the on the .treet frontage. is required by thie ordinance for the first story. b. Where a lot containing ten thousand (10.000) squa=e feet or le58 is completely surrounded by streets or alleys. the building erea be incre.eed twenty (20) per cent. c. The limitation of building &rea herein prescribed shall apply in a Residential or Apartment Houee Zone at the curb grade; for a dwelling bouse in an:r other zone at • leTel not more than two feet &boye the first story floor; for other buildings not more than tvo feet aboye the second story floor; and not more than twenty (20) feet above the mean curb grade in 8.ll.Y case. d. A front yard ahall extend unoccupied for the full width of the lot between the extrelle front line of the building and the front lot line. except that it II&J' be occupied by • one stOI7 entrance porch not enclosed. if the floor area does not exceed one hundred (100) square feet. e. On a lot occupi&d by a dwelling house or a tenecent houee a one story building of accessory use thereto and not more than tvelve (12) feet high may be located in and occupy not more than forty (40) per centl'of the rear yard at such dwelling or t enement house. Ga..rages of accessory use to Relling houses or tenement houses and attached to the same. or portions of dwelling houses or tenement for sucb garz>ge use ouly. and in ei ther caee not more than tvelye (12) feet in height shall be considered as encroachmente upon r and side y and abslJ be permitted in required rear yards :wt to exceed iort,. (40) per cent o! the area of the r equired rear " al>d shall be peI'1l!itted in the rear twenty (20) per cent of Jth of thE required side yard. The area occupied by BUch buUding ot aoce6.&OrY u..e or ~ Q'e aha]] be iI1cluc!ed as occun1ed area in - 13- ---PAGE BREAK--- ( 'tlting the percentage of lot occupancy. f. Chimneys, elevators, tanke, spirea and tovers not used for occupation extend above the height J.imitAtiollB henoin f:b:ed, and ps...-apat valla may ao extend not >lOre than fiTe feet. g. Where any Businese Zone abuts upon a Reaidential or Apartment Hou Zone in such a ooa.nner that the dividing lir.e betw.en the zones is one hundred (lCXJ) feet or less from the main busin."" street of such business zone, no building of non-conforQins uee in 6~ch Residen- tial or Apartment House Zone shall be bull t and no such e:dsting building shall be altered 80 as to have ita front or any entrance door of any part thereof used for a non-conforming use ~ such Residential or Apartment House Zone, facing upon any other street than said main busines5 street. h. AxJy open porch e:dsting with a roof over the .a ne at the time of adoption of this ordinance and encroaching upon any yard requinod by this ordinance, may be enclosed if the major portion of the enclosure is of glass. i. On a corner lot in any zone, a dwelling house may face either street; and the front yard ehall be required upon the street on which the house is to be numbered. In case a dwelling h9uee has its front yard upon the long side of the lot, the rear yard may be reduced to a ~ depth of five feet, provided the aggregate of the widths v_ ooth side yards and deptha of front and rear yards is not less than the sjmj1ar aggregate of required dimensions of all yards required if the front yard were faced on the short side of the lot. j. No building in any zone Bhall be erected, altered, or used as a garage for the storage of more than three motor vehicles or for the business of repairing motor vehicles, if any part of either old or new building when completed would be cloeer than seventy-five (75) feet to ans part of any boundary line of any church, public or priva~e hospital or schoolhouse; or if any part of either old or ne~ building When completed would be less than fifteen (15) feet from the boundary l10e of any lot upon which any part of any church, public or private hospital or schoolhouse is located. No existing garage used for the storage of more than three motor vehicles or for the business of repairing motor vehicles shall be deemed to become a non-conforming use through the subsequent erection of such a church, hospital or school- house closer than the aforesaid distance to such a garage. k. No premises, in any Commercial Zone, shall be used for adver- tising display consiBt1og of signs or billboards located upon or above any roof less than ten (10) feet 10 height above the grade of e aidevalk nearest the front of the building upon or above which • eign or billboard ie "roposed, unl.es such sign or billboard coes " , exceed thirty-six square feet in area; eix feet in least 'naion, ten (10) feet 10 height above the roof upon or above which i< is proposed, and is not located with any part closer than ten (10) - 14 - ---PAGE BREAK--- measured horizontally, to any ~~dow in the same or any other building. No premises in any zone shall be ueed for advertising .iplay consisting of rigne or bUlboa....-ds detached from buildings or located upon or above aDJ'" rocf and exceeding thirtY-8ix (,36) sqUllI"e feet in area of face, eix feet in least dimension or (le)feet in beight above tbe ground or :oof upon or aboTe whicb tbe Idgn ot' bill- board ie proposed, if any part of sucb sign or billboard is to be located closer than one bundred (100) feet to any part of any Apart- ment House Zone, or Residential Zone; and no such sign or billboard to be located upon or above any roof, or to be located on the ground no""r than ten (10) feet, measured horizontally, to any window, shall be penatted unlese the peMllit has been approved by the Chie! of the Fire Department. 1. 110 premises shall be used for business purposes cOMistu,g of temporary stands, booths, platforms or vehicles intended for the oale of merchandise or for other lIercantile purpoees, it allJ" part of mlch staM, booth, platfom or vehicle is proposed to be located nearer than one hundred twenty-five (125) fe.t to any Residential Zone, or Apartment House Zone. m. Iio part of an exterior vall of any building in a Ca=ercuu Zone, A~ment Rouee, or Residential Zone shall be located closer to the line ~f any street than the exterior vall closest t~ the sa3e 'eet line of any building used for habitation on an adjoining lot closer to the line of any street than fifteen (15) reet, if the next adjoining lot on SQch street is vacant and located in an Apart- ment Zone; or closer to the line of any street than fifteen (15) feet, if the next adjoining lot on such street is vacant and located in a Reeidential Zone; provided that theee requirements ae to setback from street:; lines sh&.ll not apply to a proposed new building or an addi- tion to an existing building used exclusively for habitation if the existing dvelling on tbe adjoln;ng lot is more than one hundred (100) feet from the proposed location of the nov building or addition, and that nothing in this paragraph, in case a buildin(; exclusively for habitation is to be built on a lot betveen tvo existing buildings used exclusively for habitation, shall prevent setting the proposed building back from the street line only the mean of the setbacks of the buildings existing on either side. n. On lots along main arteries and collector streets building9 used exclusively as dwellings shall be set back from the street lines at least thirty (30) feet. Buildings used for other than dvelling purposes, accessory thereto, such as a garage shall be eet back fifty (50) feet. Streets in this category ehsll inclu": South and East of Eao!!:t Avenue (Lisbon St. end Road from vesterly vall of present (Korth American Phillip. Plant eRsterly to the (Lisbon Line. Webster Street from Scribner Boule- (vard - SabattuB Street from Golder Road to (Webster Line. ---PAGE BREAK--- North and East of Russell Street College Street and Road from Montello Street. (Northeasterly to the Greene Line. (Main Street fro~ C~lf Island Road . (Northerly to the G.I.'eene Line. The entire Hitchell Str eet . o. No part of an exterior wall of any building in a Commercial Zone or Industrial-General Zone shall have less than a side yard of five feet from said line, but if building constructed or altered with fire wall, said structure may be built on lot line. RESIDENTIAL TRAILERS OR MOBILE HOMES ~:ij/ Section/- a . Mobile Homes or Trailers, including singly and collectively, may be used only in trailer parks that conform to the provisions of trailer park ordinance , and in Agricultural Zones. b. In Agricultural Zones, Commercial Zones and Ind~strial Zones, except the Industrial Zones along the Androscoggin River begi~ling at Riverside St. and cor.tinuing to that Industrial Zone which is westerly of South Ave. and Mount Hope Ave. from its present location in a general southwesterly direction to t he River, northwesterly from Westminster St. to Mitchell St., South, Northerly from Pleasant Street to Webster St., Mobile Homes or Trailers may be used in parks subject to the following regulations. Tents, trailers, tenting areas, trailer parks and similar temporary structures are prohibited from the area bounded as follows: Commencing at the intersection of Mitchell Street and Webster Street on the Southeasterly side of Kitchell Street and continuing along Mitchell Str eet in a Southwesterly direction to Pleasant Street; thence in a General Southerly direction along the Northeasterly side of Pleasant Street and the Lisbon Road to its intersection with Westminster Street; thence at a right angle along the Northwesterly side of Westminster Street in a ~ortheasterly direction and continu- ing along the same course to Webster Street; thence at a right angle along the Southerly side of Webster Street in a General Northwesterly "lection to the point of beginning • hing herein shall be construed to prevent non-residential tenting . outdoor camping by youth groups, nor temporary trailers contain- - 16 - ---PAGE BREAK--- ing education e~,ibits • 01 60liUUeltie:l ~G9, Ho-bil& -Romes-or-Tr.s:ilers-may 'be-'[J sen wi Pg T-egl 1 ) a.tri-orrs : License : It shall be unlawful for any person to construct, maintrtin, operate, or alter ar~ trailer park within the city unle5n he holds a valid license issued annually by the municipal officers. A fee ehall be required according to the rollo~~ng schedule : ten ~10) or less trailer speces - ten dollars (SlO) per year. Over ten (10) spaces - ten dollars ($10) per year plus one dollar (51) for each space over ten (10) per year. ) Desi(;11 standards. Access roads shall have at least a thirty (30) foot right-of-Way and be suitablY passable to a width of at least sixteen (16) feet. Automobile parking spaces. Not less than two hundred (200) square feet shall be provided for ench individual trailer space. '!'his may be e. part of the individual lot or of the access way other- than the roa.d, fmd shall have 8 well drained stabilized or suitable surface, maintained in bood rep~ir. The area of t he park shall be sufficiently large to r.rovide for the designated number of trRiler spaces, the access ro~ ds, adequate parkins, se!\~ce. play, maintenance and office facilities. Individual. trailer spaces shall be a minimum of thiTty-five (35 ) feet ,lide. Use requir~nents . (a ) No t.rc1iler sr..81l be wit.hout adequs.te hygiene and sanitary f"lcilities.J a continuing rotable supply of water, adequate sewerage disposal oonditions l adequate electric power service. There shall. be not less than ten (10) :eet between any two trailers. No trailer l vehicle, or building i.n any trailer park shall be located less than ten (10) feet frorn any lot line. ---PAGE BREAK--- Storage and non resi dent use (sma)] cemp trailers, ew.) A trailer not i ntended for use on t he proper- ty may be stored on any indi vidual property ~~thin the city. Such trailer shall be placed so as to not violate the setback and yard requirements of the individual property. A trailer for office or other non-resident use may b. located within the City of Lewiston for a period of up to ninety (90) daye upon written permission of the Bo&rd of Appeals. Said permit shall be subject to such conditione as the Board may find advisable. Increasee in the .ize of (or number',of) trailers in existing mobile hOllle pa.rk..s abe'] conform to these standards. MISCELLANroUI COIIsrRIJCTION AJ(J) INsrA.LLATIONS 529-91) Section~ SlIDII!ING FOOl.') DEFINITION. For the purpose of this amendment, m_1ng pool shan mean: A body of vater in an artificial receptaale or other container, whether in the ground or above the ground, enclosed, out- doors, used or intended to be used for svinning or bathing and de- signed for a water depth of twenty-four inches or more or with a surface area exceeding two hundred fifty (250) square fcet. No pool .hall be constructed cUser thlin ten (10) feet from the side or rear lot line to the water line of eaid ew1mdng pool. If said sviJmni.ng pool is located on the street .ide, it shall not be so located closer than twenty-five (25) f.et from the front or street side lines to the ater's edge of said av1mm1ng pool. rncLOSURES: Every outdoor m!I!!Dl ng pool shall be completely surrounded by a fence or vall no lese than fiTe (5 ) reet high from the ground, and of a character to exclude children, and which shall be 80 constructed 8B not to have opening, boles or gaps lE..rger than four sq. ~ches in any dimension except for doors and gates. A dwelling house or accessory building may be used as part of such mclosures. All gates or doors opening through such enclosure shall be ooipped wi th a eelf-closing and self-latching device for keeping the gate or door securely locked at all times when not in actual use. ---PAGE BREAK--- !no- view-obstructin6 fence shall not be closer than fifteen (15) t"eet from 8IJy street lot line. rooLS UNDER CONSTRUC'I'ION. No .-vi_jog pool under construction shall be left unatte~ed without a fence or cover. orHER rooLS. Ally other pool not included in the above defini- tion, must, 'tthe-;-not in use, be fenced, drained or cO'gered. COIISl'RUC'I'ION PElMIT AIID APPROVAL. Before vorl< in on the COnMtruction of a 5Wimming pool or on any alteration, addition, remodeling or other improvement to a B'tt1mm1ng pool, an application for a per..it to construct and the plans and specifications and perti- nent expl4natory data shall be submitted to the Building ln8pector for his ppproval, and no part of the work shall be counenced until the Building Inspector hae granted soch approval by a written peDmit to construct and has further evidenced his approval by a suitable endorsement upon such plana, and specifications. No department of the City charged vith the duty of isauing permits for plumbing, or electrical work, for sever connectiODB or for other work in connec- tion vith the construction of a ....nm!ng pool or the of any alteration, addition, remodeling or other improvement to a swiB- . 3' pool shall issue a pemit for It MlIDing pool until the pl&Jls specifications therefor haTe been thuB endorsed and approv&d by the Building Inepector. The BuildiDt; Inspector ahall review such p~ and specificationa to determine whether they comply with the provisions of this amendment and with reasonable standard. of swia- ming pool construction for the protection of the public aafety, health and morals purauant to this ndment. The application to the Building In8pector for a permit to con- struct a swiaming pool or to construct any alteration, addition, reClodeling or other improvement to a swi_dng pool aha') be submitted in 81lch forms and be S\lpported with ouch infonMtion and te, as well as plane, specifications and pertinent explanatory data, as the Building Inspector may require. All Mmm1ag pools, AS defined abaTe, con.e:tructed previou. to the date of thie ordinance, Inlet coaply to the fence regulations stated above. Owners of lJUch poole vill have six months in which to comply vi th such regulations. rooL OCCUPAliCY PERlIIT. After canetruction of pool, a pool occupancy permit IllUst be obtained frtlOl the building inspector and id permit muet be displayed near the pool. l!EAIll'l! RlXlUIJIDWfl'S. The owner of property not 8erviced by City 'ers, must obtain a permit from the Health Department before a con- .1lction permit will be ie:B\led. - 19- ---PAGE BREAK--- 0'<9- Section Jf. OOUllDARIES OF ZOIIES 11. Unle88 otherwise shovn t the zone boUBd.a.ry u..e. are the center line. of streeta. alley. or niL'"O&d right-of-va:r or INDh line. extended. Unless othendse shown. lines within blocka le tluuo two hundred (200) feet wide are _ian lines be_n their sid aDd lines within tvo hundred (200) feet or ~re wide are _ dred (100) feet distant frca the Ie restricted side of tile block. b. Where a Ulne boundary line diTide a lot in a "iBlIle or joiat ownership of record at the tiDe such liaa i. adopted. the rega1atioaa for the less restricted portion of IJIlch lot ahal.l exteDr doe. not conlono to tho abo? prorleiona hereof. At if en IlOl>- use 18 discolltinued for a peri'" of one year. urJ future uee of add aDd prem aM)] be ia with the provisions of this ordinance. Such un be cbaAged or if in part of a building or prOllieo. desiglled or iatended for "",cb use III&J' be extended throughout wch building. or preodAo.. prorlded tho Boardoof Appeals shall rule thet BUch change or extended use i" not substantially .ore detrlaental or injurious to the noighborhood. b. A buildin! of non-eonfonaing III&J' be enlarged or alter'>d or additional buildings aa:r be erected on tho oaae or an adjacent parcel of land in the same sinlllo or joint ownorship of record at tho tao it is placed in a zono for an ext.Mion of ,""ch U1I8. prorlded tho Board of Appeala shall rule that wch addition or al bretion 18 not eubetantially IIOre detriaental or injurious to the noighborhoOd. c. A permit for a quarry or grayol or sand pit or for a nOD- conformin! temporary building or u ilIcidontal in tho dovelo_t of a nei!hborhood III8J be i55Ued for an initial period of not IOOre tbaa two yoar". prorlded tho application therefor is acoCGpanied by a b_endb~of~otothoeityincue~buildingi._~~ ud tho uee diecontinuod prior to the oxpiration of the permit, &nd "rorlded the Board of Appeue ahall rule that such building or 18 . t .eriously detrlaental or injurious to the neighborhood. Ponrl.t" f be renewed unier like cODditlonll for ISUcceasiT6 period. of not ~ore than one yeer each. -20- ---PAGE BREAK--- GE!iERIL USE EXCEPI'IOliS Ali]) PROiilBITED USES ~ction~. A building cay be erected or altered and premises u~ed in eny zon& for any of the following purposes provided the Zoning Boa.-d of Appeal. Bh~lJ rule that such U&8 is not detrim~nta1 or injurious to the ighborhood: 1. 2. 3. 4. 5. 6. 7. 8. 9' , Aviation; Ceaetery; Greenhouse, garden or nursery; Hospital., sanita.....-:1um. institution or philanthropic use; !funicipal uee; Public utility building or uso necessary for the public welfare; School building or use incidental hereto; Nursing homes, rest homee, convalescent homes, homes for the aged, etc. b. ?he folloving uses sball be at detrimentil or injurious to the Appeals following a public hearing: prohibited except as found to be neighborhood by the Board of Accumulation. of junk are prohibited in all zenes except junk yards built and operated in conformity with the pro- visions of Chapter 100, Revised Statutes of 1954, General 14". of Kaine, in "hich case said junk yards may be permitted in General-Industrial and Agricultural Zones. Tva or more unregistered vehicles on any one property in residential zones. c. A public hearing shall be held on any question arising UDder this section. Notice of such public hearing stating subject, time and place of hearing shall be mailed by the City Clerk of the City of Lewiston, at least seTen days before the date of each hearing to the Building Inspector and the owners of property within 300 feet of all frontage of both sides of the street and all abutting owners of all lots inTolved in the appeal, and for the purpoBe of this para- graph, the ~er8 of the pr operty shall be considered to be the parties listed by the Board of Assessors as those against whom taxeD axe a..888saed. The Apell.Ant or Petitioner in such a case aml1 present the ~quest and pay a fee of 15 at least 10 days before :he hearing. failure of any property OVDers to receive a notice of public hearing shell not neee8sitate another hearing and shall not invalidate allY ar+i.on by the Zoning Board of J.ppeals. - 21 - ---PAGE BREAK--- Id, OIlDINANC:;; PERTAINING TO ZONING BE IT ORDAIII:ED BY TE" I'.Q.\iiD OF Hn OR AS FOLLO'.1S : The Revised Ordinances of the City of Lel';iston ar e amended by addinG in its proper place the followin£ : To Chapter 29, Section 29- 11 (a . ) add : ( 9 . ) Chic)mn houses : i ncl uding . but. not. limi t.ed to . "'.11 str nct. nr"', for the hreeding ! grot·Ting , storing, or housing for a.n:! reason, of chickens or other poult.r;i in any quantity. \ , \ \ 1 ---PAGE BREAK--- SectiO:1 lz: / BOARD OF IJ'PEALS a. A Board of Appeals is hereby established pur5'->allt to Prbate Uld Special laws of Maine, 1961, Chapter 189. Such Board shall have :hoae duties, authorities and ahall conduct its affairs all as speci- fied in Revised Statutes of Maine, 1954, Chapter 9O-A, Section 61 III ~ and B as nov amended and any future amendment or replacement thereof. b. The Board shall consist of 5 members and 1 associate member ;no ahall b. residents of the City of Lewiston and appointed by the ~yor thereof. The 3 ~emberB in office, yhen this Ord~ce becomes ~ffective, shall Berve out their unexpired terms without interruption. rIle Associate member shall become a regular member and shal.l serve out lis unexpired term rlthout interruption, and the term of the ne mem- ,er appointed shall expire September 5, 1967, and the term of the new tssociB.te member sh.aJ.l expire September 5. 1968i thereafter, the term )f office of all members shall be 5 years. Any vacancy shall be fille( for the unexpired term by the Mayor wi thin 30 days from the date the r4cancy occurred. c. The Building Inspector of tne City of Lewiston shall hove the e' to grant variances when such variances are of a minor nature, ~ing there is no substantial departure from the intent of the lrdinance. ENFORCDfENT dJ-iJ3 Section a. It shall be the duty of the Inspector of Buildings to enforce ~he provisions of this ordinance. No permit shall be issued for the :onstruction. alteration, moving or change of use of any building. 3tructure or part thereof, or for the use of any premises unless the ?lans and intended use indicate that the building, structure or prem- lses is to conform in all respects to the provisions of this ordinance. b. The Building Inspector shall act upon applications for all ?ermits required by this ordinance, either by issuing or refusing to Lssue such permits within a reasonable time. Notice of refusal to Lssue any permit shall be given to the owner or to his authorized repre- sentative in vriting and shall state the reasons for said refusal. l.1" applications for permits for proposed buildings shall be 8 _.-1ed by a floor plan reflecting the outside contour of all. - 22 - ---PAGE BREAK--- ldings and msiD bearing partition and location of said building on lot. After granting or refusal of en application, the Biilding ~n.spector shall file th the Br....ard of Appeals copies of all permits which he Bas granted together with pl~B filed with c. The Inspector of Buildings shall, upon the approval of a:ny application for a building permit furnish to the applicant a permit, retain a copy thereof and file copies thereof with the Board of Appeals, the City Clerk, and the Board of Assessors of the City of Lewiston. d. A permit shall be secured from the Building Inspector before changing the use of any building or parcel of land. e. It shall be unlawful to use or permit the use of any build ing or part thereof hereafter erected or altered wholly or partlt-in its use or structure, or of ~hicb the yards, courts or other open spaces of which are in B.IJ.Y way reduced, until the Inspector of Build- ings shall have certified on the building permit, and on the certifi- cate of occupancy if one is required, specifying the use to which the building, upon being sufficiently completed to comply with the provisions and regulations relating hereto, may be put. f. Hereafter when a new building is completed or an alteration j.s completed on an old building, a certificate of occupancy must ~ ~ obtained from the Building Inspector, prior to the occupancy of such building or any parts thereof, showing that same corresponds to the plan submitted and permit issued, to the extent of the construc- tion at the time said Certificate of Occupancy is obtained. The buildi ngs shall otherwise conform to the requirements of the Ordi- nance of the City of Lewiston and the lavs of the State of ~aine. g. Appeal shall lie by any person aggrieved by a decision of the Inspector of Buildings to the Board of Appeals and from said Board of Appeals to the Superior Courts. The Board of Appeals may affirm or reverse the deci sion of the Inspector of Buildings in accordance with the terms of this ordinance; or may, by tour-fifths (4/5) vote of their entire membership, change such decis ion in specific cases wherein its enforcement would involve undue hardship and wherein desirable relief may be granted wi thout substantially derogating from the intent and purpose of this ordinance, but not otherwise. Petition for appeals shall be filed with the City Clerk of the City of Lewiston. h. Public hearing shall be held on any question aT1s1ng under this section. Notices of such public hearings, stating subject, time - ~d place of hearing, shall be mailed by the City Clerk of the City Lewiston at least seven days before the date of each hearing t~ the Building Inspector, and the owners of property within three :red (300) feet of all the frontage on both sides of the street - 23- ---PAGE BREAK--- . ail ab"o..ltting owners of the lot involved in the appeal, and for the . pose of this paragraph, the ownere of property shall be cODBodered to be the parties listed by the Board of Assessor. as those agLinBt whom ~es are asseBsed. The appellant or petitioner in ~ch a case shall present the request and pay a fee of five dollar. at least ten (10) day. before the hearing. Failure of any property owners to receiVe a notice of public hearing shall not necessitate another hear- ing and shall not invalidate any action by the Board of Appeals. i. The right to 8.IIJ" TRrl..ance of the tene: of this ord1 Mnce secured by vote of the Board of Appeals to change the dociBion of the Inspector of Buildings in a specific ca.se shall expire if tho ork or change such Tarisnce is not coalenced within six months of the date on hich the change is voted, and if the ork or change i. not substantially completed within one year of the date on hich such change is voted. Pronded, hovever, the Board IIaJ extend the time thereof. j. Upon any ell founded infonaation in writing froco any person aggrieved or from the Building Inspector that the provisions of this ordina.nce are being violeted or upon its own init1atin, the 2'<>ning Board shall inform the Corporation Couneel, ho i. hereby authorized and directed to institute any and all actions and proceedings, either legal or equitable, that may be appropria.te or nece.eary for the en- forcement of the provisions of this ordina.nce, the same to be brought :he name of the city. k. Any person or persons, firm, or corporation being the owner or tenant of, or having the control or use of any building, structure or premises, or part thereof, vbo violate", a:JJ.Y of the provisions of this ordinance, or faile to confona to rm.y of the provisions thereof, shall be guilty of a misdemeanor, and upon conviction thereof, ehal] be fined not less than five dollars (15) nor more than twenty dolls.r8 (520). Each day such violation or failure to comply is permitted to exist after notification thereof shall constitute a separate offeD8e. dY"I!- Section yr. APPLICATION AND VALIDITY a. This ordiDa.nce shall not interfere vith, abrogate, &IlIlul or repeal any ordinance, rule regulation or permit previouely or here- after enacted, adopted or issued, pursuant to law, provided however that, unless specifically excepted, where this ordinance imposes greater restrictions its provisions shall control. b. If any section or part thereof of this ordinance is held invalid by the courts, the remainder of the ordinance Bhall not be ffected thereby. - 24 - ---PAGE BREAK--- 029 - Section):$. Upon the r ecommendation of the Planning Board this ordinance ~ay be amended and its r egul ations , boundaries and zones changed by the Mayor and Board of Aldermen by a majority vote of the Aldermen present at a regular or special meeting, duly called, and the ~~yor authorized to break a tie vote, provideci that a public hearing has been held by the Municipal Officers or the Planning Board for its consideration at least ten (10) days before it is submitted to the l egislative body. The Hayor and Board of Aldermen may recommend changes to the ordinance to the Planning Board and after thirty (30) days may vote" on said changes whether or not recommendations have been submitted by the Planning Board. WALLS! FENCES AND CORNER CUT- BACKS ~9 Section)6. This section is intended to provide for the regulation , loca- tion and height for walls, fences and landscaping so as to permit ~mum enjoyment of the use of property and for the maximum ~ . cy for persons using sidewalks and streets related thereto, and to provide for building setback at corners. A. HAZARDOUS AREAS A fence or wall not less t han six feet in height may be required along the perimeter of any area Which, by reason of the conditions on the property of physical hazards , such as frequent inundation, erosion, excavation or grade differ ential, are considered by the Building Inspector to be dangerous . B. SECURITY FENCING Security fencing as required by any governmental agency or jurisdiction shall be permitted , notwithstand- ing any other provision of this Ordinance. C. INTEP.sECTION VISIBILITY AND CORNER CUT-BACK 1. Streets and Alleys : There chall be no visual obstruc- tions, including buildings, within the corner cut-back area of any corner lot. The corner cut-back shall be defined by a line on a horizontal plane connecting two points along the front and street-side property lines and forming a triangle. These points shall be measured twenty (20) feet back from the intersection of the prolongation of the front and street 6ide property lines in areas whe~e yard setbacks are required and eight feet in areas where no yard setbacks ar e required. - 25 - ---PAGE BREAK--- '!EIGHT STANDARDS la . Walls and fences not exceeding six feet in height shall be permissive along all side and rear yards and lot lines, except as provided below. All walls and fences in any required front yard and required side yard along a street may not exceed four and one- half feet in height . In the corner cut-back area of corner lots, the height of mature landscaping without pruning, walls , fences , buildings and other obstruc- tions may not exceed three feet . (See diagram 1 . ) Provided , however, that the portion of a building mor e than eight feet above the curb grade or crown of the abutting road may occupy any portion of the corner cutback area permitted by other applicable sections of the Zoning Ordinance . (See diagram 2 & Existing landscaping now exceeding three feet in height shall be removed no later than two years following enactment of this ordinance. Provided also that fences not exceeding four and one-half feet shall be permitt ed in the corner cut-back area so long as the vertical surface is not more" than ten (10) percent solid . lb . Notwithstanding the above prov1s~ons , existing walls and fences shall be permitted to remain unless and until the property owner applies for a Building Permit to reconstruct , remodel or otherwise perform any con- struction activity upon his property. At such time any walls and fences shall be brought into compliance with sub- paragraph D-la above , as a condition of obtain- ing such Building Permit . Ie . Notwithstanding the above prov1s1ons , walls , fences or other screening surrounding an auto graveyard or junk- yard shal l be permitted to exceed the maximum height limitation set forth in this section if necessary to meet the requirements set forth in the applicable state statutes. This exception shall not apply in the corner cut-off area . 2. To enclose tennis courts located within the rear half of the lot , fences over six feet in height shall be permitted , provided that portion of said fence or structure which is higher than six feet shall be composed of wire mesh or other material whose vertical surface is not more than ten (10) percent solid. 3. Method of Height Measurement: The Height of walls, fences and landscaping, as permitted , shall be measured from the top of existing curb grade or crown of abut- - 26 - ---PAGE BREAK--- ting road . 4. Exceptions: The foregoing prov~s~ons shall not apply to: Permanant buildir.gs existing on the effective date of this Ordinance i retaining wal ls i util ity poles ; trees trimmed at the trunk l i ne at l east eight feet abov.e the l evel on the intersection ; suppor ting members or appurtenances to permanent buildings exist- ing on the· effective date of this Ordinance ; of:icial warning signs or signals. Viol ations of this ar ticle shall be corrected no later than t wo years follow- ing enactment of this Ordinance. - 27 -