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Document Lewiston_doc_5ad00a6813

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Sec. 7. Neighborhood conservation district (NCB). Statement of purpose. The purpose of the neighborhood conservation district is to promote the stability and improvement of older multifamily residential neighborhoods by requiring the development of new buildings or the replacement, reuse or conversion of existing buildings to conform to the type and density of housing existing within the immediate neighborhood. The standards of the district allow multifamily housing while encouraging the upgrading of this housing stock. Applicability. The standards of the neighborhood conservation district shall apply to all land shown on the "Official Zoning Map of the City of Lewiston" as being located within a neighborhood conservation district. Permitted uses. In a neighborhood conservation 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: One individual single-family detached dwelling on an existing lot of record as of the date of adoption of this Code; Multifamily dwellings in accordance with the standards of article XIII; Single-family attached dwellings in accordance with the standards of article XIII; Two-family dwellings; Mixed single-family residential developments in accordance with the standards of article XIII; Mixed residential developments in accordance with the standards of article XIII; Neighborhood stores as part of a multifamily development, mixed single-family residential development or mixed residential development provided that the gross floor area devoted to retail use shall not exceed ten percent of the total floor area of the development; Boarding houses; Group care facilities; (10) In-law apartments in single-family detached dwellings in accordance with the standards of article XII; (11) Religious facilities including churches, synagogues and other houses of worship, rectories and parsonages and church-affiliated community purpose facilities; (12) Forest management and timber harvest activities in accordance with the standards of article XII; (13) Cemeteries; (14) Family day care home; (15) Home occupations; ---PAGE BREAK--- (16) Accessory buildings and uses; (17) Small day care facilities. Conditional uses. In a neighborhood conservation 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: Personal services; Professional offices; 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; Public or private facilities for nonintensive outdoor recreation; Day care centers accessory to public schools, religious facilities, multifamily or mixed residential developments and mobile home parks; Nursing or convalescent homes; Private or commercial schools including business colleges without residential facilities; Hospitals and medical clinics; (10) Neighborhood retail stores; (11) Fraternal lodge or other social, civic or recreational use of a nonprofit organization or membership club (but not including any use, the chief activity of which is one customarily conducted as a gainful business); (12) Municipal buildings and facilities; (13) Lodging houses (up to nine units); (14) Boarding houses (up to nine persons); (15) Commercial parking facilities. Space and bulk standards. Any building, structure or use of land within the neighborhood conservation district shall conform with the following requirements: TABLE INSET:   Minimum lot area per dwelling unit. The required minimum lot area per dwelling unit for any residential use in the neighborhood conservation district shall be 120 percent of the average lot area per dwelling unit of impacted properties as of the date of adoption of this Code. ---PAGE BREAK--- The maximum number of dwelling units that can be placed on a parcel in the district shall be figured by the following procedures: The total lot area of all developed impacted properties shall be calculated. In determining the total area of the impacted properties, the tax records of the City of Lewiston shall be used unless the applicant or the owner of an impacted property presents definitive evidence to the contrary. The total number of legally existing dwelling units as of the date of adoption of this Code shall be calculated. The total lot area shall be multiplied by 120 percent and then divided by the total number of dwelling units existing on the impacted properties. This figure divided into the lot area of the subject parcel yields the total dwelling units which can be placed on the lot. If less than 50 percent of the impacted properties are in residential use, the minimum lot area per dwelling unit shall be the greater of: One thousand five hundred square feet per dwelling unit; or The minimum area derived by the procedure outlined above. TABLE INSET:                                     !             "  Additional standards. The use of an existing building or structure shall be changed to another allowed use only if there is adequate off-street parking to meet the requirements of article XII for the new use without variation. The expansion of an existing use by either the enlargement of the building or structure or the creation of additional dwelling units within an existing building shall be permitted only if off-street parking is provided in accordance with article XII for the additional space or units. Notwithstanding, the setback and yard requirements of subsection and the provisions of article XII, subsection 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 20 feet of front yard area can be maintained; or b. No more than one parking space shall be created in this area. ---PAGE BREAK--- 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. Any required side or rear yard area for uses other than residential located within 50 feet of a residential zoning district shall be maintained as a buffer area meeting the standards of article XIII. Modifications (ie. 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. (Ord. No. 89-3, 4-7-89; Ord. No. 89-11, 9-15-89; Ord. No. 90-6, 5-17-90; Ord. No. 91-8, 10-3-91; Ord. No. 92-34, 1-7-93; Ord. No. 97-7, 9-11-97; Ord. No. 98-6, 7-2-98; Ord. No. 00-19, 10-5-00; Ord. No. 00-27, 1-11-01) Editor's note: See editor's note at Article XI.