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1950 lONING ORDINANC£ , . ' c • " . . ' . . , " . ' . · . , . , , . · . , . ' , " ' · . . . . " . , . . . . ' . . , , ' , , . . . J . . . - . . . / . . ' . , ' . . . , . . ---PAGE BREAK--- ZONING ORDINANC!: FOR TH!: CITY OF L!:WISTON REVISED ZONING ORDINANCE OF LEWISTON, MAINE AS AMENDED AND APPROVED OCTOBER 30, 1950 AN ORDINANCE, regulating and restricting the location, construction and use of buildings and the use of premises in the City of Lewiston and for said purposes dividing the City into Zones. BE IT ORDAINED by the Ma yor and Boa rd of Aldermen of the City of Lewiston in Board of Mayor and Aldermen as- sembled: ESTABLISHMENT OF ZONES Section l. a. In order to restrict the location of build- ings a nd premises to be used for particular industries, trades, manufacturing, commercial and other purposes, to restrict the location of certain kinds of dwelling houses and tenement houses and to regulate the construction and use of buildings and the use of premises for the above purpose·s the City of L ewiston is hereby divided in the following clas- ses of zones: UNRESTRICTED ZONES, INDUSTRIAL ZONES, COMMERCIAL ZONES, APARTMENT HOUSE ZONES, RESIDENTIAL ZONES, which are hereby established as shown upon the Zoning Maps, dated the twenty-eighth day of April, 1947, and filed "in the Office of the City Clerk of the City of Lewiston. b. In interpreting and applying the provisions ofthis ordinance they shall be held to be minimum require- ments for the promotion of health, safety, convenience and we !fare of the inhabitants, for reducing the danger from iire and for improving the City of Lewiston. c. No building shall be erected, altered or used and no premises shall be used except as permitted in the zone in which they are located; nor shall any existing. ---PAGE BREAK--- J. - oJ, p\.o CloJ V\.o oJ p V" 11 \.oU,oJ ordina nce , be put to a use substanti a lly different from the use of such building or pre m is e s at the time of the adoption of thi s ordinance . except in a zone wherein such new use is permitted. d. No lot shall be so reduc ed that the yards, courts o r other open space shall be s malle r than pre scribed by this ordinance . No yard", court, or other open space shall at any time be counted as required ope n space for ITlore tha n one building. e. Unles s otherwise specifica lly provided, words and terms used herein are defined for the purposes of this ordinance as follows: PREMISES "PreITli ses 11 includes vacant or un- improved land as well as improved land and the buildings erected thereon within the confines of a specified zone. FAMILY A "Family"is any number of persons living together as a single housekeeping unit. RESIDENCE "Single residence" is a one -fam- ily dwelling designed for and occupied exclusively by one family. "Duplex residence" i s a two - family dwelling designed for and occupied exclusively by two fam- ilies , living indepe ndently of ea ch other and s eparated by a common wa It. "Double re s idence" i s a two - family dwelling d·esi gned for a nd occ upied exclusive ly by two fa m- ilies living independently of each other. APARTMENT HOUSE OR TENEMENT HOUSE A build- ing or portion thereof used or designed as the home or res- idence for three or "more families or households living in- dependently of each other, and doing their own cooking up - on t he premise s and having a common r ight in the halls , s tairw ays, cellars, water closets, or privies o,r some of the m . ACCESSORY USE An "accessory use" i s any u se c us- tomarily incident to and located on the same lot with the maIn use. BOARD OF APPEALS The "Board of Appeals i. e. the Zoning Board of the City of Lewis ton, shall c onstitute t he Board of Appeals within the meaning of thi s ordinance. BUILDINGS "Bui ldings" 5 ha 11 include a 11 construction of every kind attached thereto, s uch as por c he s , piazza s . porticos, window s , etc. except as othe rwise provided here- In. GARAGE FOR RESIDENTIAL ZONE Any buildin g or portion of a building us ed for storag.e fo r one o r m o r e se lf- ---PAGE BREAK--- propelled vehicles other than motor vehicles for use by res- idents of the accompanying building only. GARAGE FOR COMMERCIAL ZONE Any building or portionofa building used for the storage of, sale Or display of, or the business of repairing one or more self-propelled vehicles of any kind. GRADE The mean elevation of the top of the curb on the principaL front of a building, based upon t he established grade of the curb. If the finished ground surface slopes a- way from the principal front of any building, or if a building is inthe rear of a lot or faces upon a street where the grade of the c urb has never been established, the grade shall be the lowest mean elevation of the finished ground surface ad- joining the building on anyone side and or of the buildin g. HEIGHT OF A BUILDING The vertical measurement from the grade, as specifica lly defined herein, to the high- est point of the roof beams in flat roofs; to the highest point ofthe roof beams or the highest point of the deck of mansard roofs; to a level midway between the level of the eaves and the highe st point of pitched or hipped roofs; or to a level two-thirds of the distance from the level of the eaves to the highest point of gambrel roofs. The level of the eaves shall be taken to mean the highest level where the plane of the roof intersects the plane of the outside wall on a side con- tai ni~g the eaves. SIGN OR BILLBOARD Any structure erected independ- ently or attached to any for the ,of having placed thereon anything in the nature of an advertisement, announcement or direction. Attached signs and billboards shall include as are permanently attached to any build- ing Or other Detached sign s and billboards shall include such as are specially constructed as withoLlt attachment to any other structure. (See - Residential Zones. ) YARDS Front Yard An unoccupied space extending the full width of the lot in front of a building. (See - Residential Zones.) Rear Yard An Llnoccupied space extending for the full width of the lot between the extreme rear line of a building a nd the rea r lot line. Side Yard ' An unoccupied space extending for the full length of a bLlilding between the building and the side lot line. f. The measurement of yards shall or- dinarily be taken from the lot line. Every part of a required yard shall be open for its full required width from its lowest point to the sky unobstructed, except for projections into any yard of window sills, belt courses, and other or namen - tal ft!atures not mOre than four inches, and of cornices not rn("\l"p th:::\n eiohteen inches:excebt for the projection into any ---PAGE BREAK--- the fir s t s tory floor, of open or latti ce - e nc losed fire es- c apes I fireproof outs ide stairways Or soli d floored ba lc on- ies upon fire towers not more than four feet; and except for the projection into the r ea r yard of an existing building of chimneys or flues not exc eeding five square fe et in hor izon- tal area a nd not so lo c ated as t o obstruct ventilation. UNRESTRICTED ZONES Section 2. IN AN UNRESTRICTED ZONE: a. USE Building or premise s may be u se d for a ny purposes not prohibited by law, ordinance or regulation. b. HEIGHT No building s hall excee d 155 feet in hei ght . No dwellin g house o r t e neme nt house s hall ex- ceed50 feet or four stories in height; a nd all buildings must conform to the Lewiston Building Code, the provisions of which are to take precedence over any hei ght pr ovisions of this ordinance which conflict with the Building Code . INDUSTRIAL ZONES Se ction 3. IN AN INDUSTRIAL ZONE. a . USE No bui lding s hall b e erecte d , a ltered Or us ed, and no pre mises s hall be use d for any of the.fol- lowing spec ified trades, indus tries or uses : 1. Amonia, bleaching powder o r chlor ine m anufacture or refinin g; 2. A s pha lt m a nufactur e or refining; 3. Blast furna ce ; 4. Cement , gyp s um, lime o r plaster or P a ri s manufacture; 5. Coke manufacture; 6 . Creosote ma nufacture ; 7 . Dextrin, g lucose or ~ ta r c h ' manufacture; 8. Distillation of bones, coal o r wood or man- ufacture of a ny of their by-products; 9. Dye manufacture; 10. Explosives or fireworks m anufacture. or storage in exce s s of five hundr ed pounds; 11. Fat, grease, lard o r tallow manufa cture, refini.ng or r e ndering; 12. Fertilizer manufacture ; 13 . Gas (fuel o r illuminatin g) manufa cture in excess of one thousand cubic fe et p e r day Or sto ra ge in e xcess of te n thousand cubi c feet ; . 14. Ge latin , glue or size manufacture ; 15. Hair manufacture; ---PAGE BREAK--- 16 . 17 . Hot rolling mIll; Hydrochloric . nitric, picric, sulphur ic of sulphurous acid manufacture; 18. Inci.neration, cr:emation or reduction of dead animals, garbage. offa l or r efuse un- less accuITlulated and co n 5 u me d on the same premises without the emission of o- dar; -19. Lamp black manufacture; 20. Linole um or oilcloth manufacture; . 21. Match manufacture; 22. Metal or ore reduction or smelting; 23 The production or refinin g of petroleum Or other inflammable liquids; 24. P y r 0 x y 1 i n manufacture, manufacture of articles thereof, or storage in excess of five hundred pounds unles s in a vault ap- proved by the Inspector of Buildings 25. Rubber manufa c ture or treatment involving offensive odor; 26 . Slaughtering except as per mit ted by the 27. 28. 29. 30. 31. Board of He a lth; Stockya rds; Tanning, eu'ring or storage of raw hides Or skins; Tar distillation or manufacture; Turpentine, paint or varnish manufa cture; Bulk storage of liquid fue Is of any :kind ex- ceeding 10,000 gallons. Any bulk storage of gaso line under 10,OOOga i ions must meet the requirements of the Lewiston City Or- dinance for gasoline bulk stora ge . 32. Any other trade, industry or use that is in- jurious, noxious or offensive to a n eig h- borhood by reason of the emission o f odor, fumes, dust, smoke, vibr ation or noise or other cause, but not inc ludin g places of amusement; provided, however, that a building Or use 0 the r w i s e ex- cluded but incidental and essential t o a use of a building or plant with a series of buildings permitted in an Industrial Zone may be erected, altered and use if not mOre than ten pe rcent of the total floor a rea of tne building or plant is to be so, occupied, if not mOre than ten percent of all the employees' are to be engaged therein, if it i s not ' lo~ cated within fifty feet of any street line or lot line unless such line fa-ces or adjoins property in an unrestricted zone, a nd if it is not injurious or detrimenta I· to the ne ighborhood. And provided further, that any building used for one of the above excluded uses at the time this ordinance goes into ei- ---PAGE BREAK--- ble o r detrime nta I t o the n e ighb o rhood. HEIG HT Bui ldings shall conform to t he height re gu lations p rovided for unrestricted zones. o r not over 155 feet. COMMERCIAL ZONES Section 4. IN A COMMERCIAL ZONE: a. USE N o building s h a ll be e r ecte d, altered or used, a nd no premises shall be used for any use pro- hibited in an · Industria l Z·one , o r for any use injurious, n ox - ious o r offe nsive to a neighborhood by r eason of the eITlls- s ian of odo T. fumes, dust , s m oke , vibration or noise or othe r cause , but not inc luding p laces of amusement. b. HEIGHT No building s hall excee d one hun- dred a nd fifty-five (ISS) feet in height, provided that a part of a building n ot e x cee ding in area one-qua rter that of the building at a height of o ne hundred a nd twenty-five (l2S) feet m ay e xceed s uch limit by three feet f o r eve r y foot that the maximum he ig ht of the remainder of the b ui ldin g i s less t han one hundred and fifty - five (ISS) feet, a nd provided fur - ther tha t no· p a r t of a b ui ldin g s hall exceed in height twic e the horizontal distance f r om t he face of such part to the line of the street on the opposite side. Within o n e hundred feet of the intersection of two stre ets the height on the narr ower street need not be less than that hereby permitted o n the wider street. Where not more than o ne hundred feet of.a street fronta ge would 0 the r w is e be subje cte d to a hei ght lim it lowe r t ha n that per mit t ed immediate ly beyond both e nds of suc h frontage t he height limit on such fr ontage shall be equat t o the lesser of such greater limits. All buildings in a Commercia l Zone must conform to the Building Code , the p rovisions of whic h a re to take precedence over any height p r ov isions of this o rdina nce, which conflicf with the Buildi n g Code. APARTMENT HOUSE ZONES Section 5. IN AN APARTMENT HOUSE ZONE a . USE No building shall be e r ected , altered or use d, and no premises sha ll be used for any use other tha n one or rIJ.ore of the fo llowing uses I and any use injur i - ous , noxious o r offensive to a neighbor hood by reason of the emiss ion of o dor ) fumes) dust, sITIoke , v ib ration o r noise i s pr o hibited. ---PAGE BREAK--- 1. Ten e ITl en t or apartITlent hou.5e. lodging house or any use permitted in the Resi- dence Zone; 2. Hote l, provided it conforms to a II the re- quirements of this 0 r din an c e 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 business; 4. Church; 5. Educational use; 6. Hospital or sanitarium; 7. Municipal recreational use; 8. Telephone exchange office; 9. Accessory use customarily incident to any of the above uses. The term "acc'essory use" in this and the next three sec- tions shall not include: a. Any use injurious or offensive to the neigh- borhood; b. Any use not on the same lot with the build- ing to which it is accessory; c, Garage space for one autoITIobile per ·tene..,. ment or 'one automobile space per apart- ment. Trucks or other motor vehicles used for' private trans portation to and froITl the house are permitted to be garaged or housed 'instea:d of a p~ivate car . d. Signs except those pertaining to the lease, sale o r use of a lot or building on which placed. and not exceeding a total area of two square feet; on a lot 0 C cup i e d by a d well i n g house or tenement house there shallnotbe more than one sign bearing the name or occupation of an occupant for each family housed and no· such sign shall ex - ceed two square feet in area. b. REAR YARD There shall be behind every building a rear yard having a minimum depth of twelve feet. c. SIDE YARDS Side Yards shall be provided a minimum width of five 1'eet from the lot line. d. FRONT YARDS There shall pe in front of every building a front yard having a minimum depth of five feet, provided that no front yard need be deeper than the average of the depths of front yards on the lots next thereto on either ' side. a vacant lot or a lot occupied by a building with a front yard more than five feet deep being considered as havir.g a front ya rd five feet deep. ---PAGE BREAK--- e. CORNER CLEARAN Cl!: Between the lIne s of intersecting streets and a li ne joi ning points on such line s ten feet d istant from their point of intersection o r, in the case of a rounded co r ne r, the point of inte r se· .lion of the ir ta n ge nts , no building may be erected above a height three and one-ha lf feet above the plane throu gh their curb g rades. f. HE IGHT No building shall exceed sixty-five . feet or five stories in height unless it sets back fr orn each street a nd lot li ne ten feet in addition to the above r equire- ments plus one foot for each foot of ex c e s s height. No buildin g sha ll e x ceed seventy feet or fiv e stories in hei g ht. All buildings in a n Ap a rtme nt Zone must conform t o the Building Cod e, t he provision s of which are to ta ke prece- dence over any height provisions in this ordinance which conflict with the Building Code. g . BUILDING AREA No buildin g shall occ upy more t ha n seventy percent of its lot , provided t hat on a cor- ne r lot an additional fou r hundred s quare feet may be occu- pied . h. AREA OF LOT PER FAMILY Apartment House Zones . No dwelling s,ha ll be erected or altered to ac- commo date o r m ake provision fo r mOr e tha n one family fo r eac h five hu ndr ed squa re feet of the area of the lot. RESIDENTIAL ZONr.::S Section 6. IN A RESIDENTIAL ZONE: a. USE No building shall be erected, a ltered or used, a nd no premises sha ll be used for any use other tha n one or more of the following uses . and any use injuri- ous , noxious or offensive to a neig hborhood by reason of the' emi ssion of odor, fume s, dust , s moke. vibration or noise 1S prohibited. I. Single-family, two-fami ly dwellin g , Duplex houses o r apartment houses c r eate d by subdivis ion of e x is tin g buildings without subs tantial additions o r enlargements, o r adding storie s J wherein the contour o f such buildin g will not be c hange d; and nO build- ingmay be a lte r ed at a ll as provide d he r e- in, unless it presently provided m or e than 1000 s qua r e feet per family; 2. Church; 3. Educational use; 4 . Garden, for private use on ly ; ---PAGE BREAK--- 6. IVlunicipal. recre ational use ; 7. Accessory use c ustoma rily inc ide nt to any of the above uses. b . SIDE YARDS Th"re s hall be o n each s ide of each buildin g or pai.r of semi- detache d buildings. a si.de yard of at least five feet fr om the lot line. c. FRONT YARDS There shall be in front of every building a fr ont yard at least 15 feet deep from the s idewalk or' lot line in new developments. In older built-up sections the front yard ne ed be no deeper than the depth of the next nei ghbor nearest the IS-foot line or On the IS-foot line, provided that o n a lot held under separate or distinct owner ship from adjacent lots and of re cord at the time this ordinanc e be co me s effective, and less than 100 feet deep at the time it is placed in a Residential Zone. no front yard need be deeper than fifteen percent of the depth of said lot. d. CORNER CLEARANCE Between the line s of interse cting streets anda line joining points on such line s fifteen feet di s tant from their point of intersection, or, in the case of a rounded corner, the point of interse ction of their tangents , no building may be erected above a hei ght three and one-half feet above the plane through their c urb g r a des. e. HEIGHT No building s hall exceed 't hirty'- five feet or two and one-half sto r ies in height and must con- form to the L ewiston Building Code. f. BUILDING AREA No dwe lling hous e s ha II occupy more than forty percent of its lots and no building other than a dwellin g house shall occupy more than sixty percent of its lot, provided that on a corner lot an addi- , tional area of four hundred square feet may be occupied. g . AREA OF LOT PER FAMILY No dwelling house shall be erected or altered to ac commodate or make provision for more than one family for each one thousand square feet of the area of the lot, provided that a , s ingle f~mily dwelling house may be erected on any lot of re cord at the time this ordinance is adopted. h. SIGNS AND BILLBOARDS Signs I x 2 feet only are allowed. Billboards may not be erected in re s ide n- tial zones e xcept those that were a lready erected before the effective date of this ordina nce. Renewa I of Billboard Con- tracts must have the approval of the Building Inspector act- ing with the advice and consent of the Zoning Board. P ublic hearings shall be given to applications for erection of bill- . ---PAGE BREAK--- Section 7, The foregoing requirements s hall be subject to the following exceptions and r egu lation s: a , No part of a required yard or court shall be highe r in level above the floor of the first story than one foot for each two feet of distance from the building. except as provided herein, for buildings of accessory use or gar- ages in any zone; and [or a building other than a dwe lling house or tenement house and not in a Re s ide ntial,Apartme nt House or Commercia I Zone. no yard. except the yard on the street frontage. is r equired by this ordinance for the first story, b. Where a lot containi.ng ten thou sC\ od squa re feet or less is completely surrounded by streets or alleys. the building area may be increased twenty percent. c, The limitation of building area herein pre- scribed shall apply in a Res idential or Apartment House Zone at the curb grade; for a dwelling house in any other zone at a level not more than two feet above the first story floor; for other buildings not more than two feet above the "s e cond s tory floor; and not mOre than twenty fee t ab'ove the mean c urb grade in any case. d, A front yard shall extend unoccupied for the full width of the lot between the extreme front line of the building a nd the front lot line. except that it may be occu- pied by a 6ne-story e nt r ance por ch not e nclosed. if the floor area does not exceed one hundred square feet. e, On a lot occupied by a dwe llin g house or a tenement house a oo'e-siory building of accessory use ' there- to and not more than twelve feet high may be locate d in and occ upy not more than forty perce nt of the rear yard of suc h dwelling or tenement house. Garages of accessory use to dwelling houses or tenemen t houses and attached to the same, or portions of dwe lling houses or tenement houses for such garage us e only, and in either case not more than twelve feet in height. shall be conside'r e d as encroachments upon rear and side yards. 3nd shall be permitted in r equi red r ea r yar ds not to exceed forty percent of the area of the re- quired rear yard. and s hall be permitte d in the re a r twenty perce nt of length of the required side yard, The are a occu - pie d by such buildin g of accesso ry u se or ga r age shall be in.c ludedas occupied a r e a in computing the percenta ge of lot occupancy . ---PAGE BREAK--- f. Chimneys, elevators, tanks, spires and towe r s not used fo r human occupation may extend above the height limitation s herein fixed , a nd parapet walls may so extend not more than five feet. g . Where any Bus i n e 5 s Zone abuts upon a Residential or Apartment House Zone in such a manner that the dividing line between the zone s is 100 feet o r les s from the main bus iness street of such business zone, no building of non - conforming use in such Residential or Apartment Ho use Zone shall be bLlilt and no existin g bLlilding shall be altered so as to have its front or any entra nce door of a ny pa rt thereof Llsed for a non-conformin g Llse in Res- identia l or Apartment House Zone, fa c in g Llpon any other street than sa id ITlain business street. h. Any open porch existing with a roof over the same at the time of adoption of thi s ordinance and en- croachin g Llpo n a ny yard r e qLlired by this ordinance, may be enclosed if the major portion of the enclosLlre is of glass. 1. On a co r ne r lot in any zone, a dwe lling hOLlse may face either stre et;and the front yard shall be r e- qLlired Llpo n the str eet on whi c h the hOLlse is to be In case a dwe !ling hOLlse has its fron t yard Llpo n the long side of the lot, the rear yard may be redLlced to a minimum depth of five feet, provided the aggregate of the widths of both side y,,,rds and depths of fr ont and r ear yards is not less than the similar aggregate of required dirn.ensions of all yards requi r ed if the front yard were faced on the short s ide of the lot. j. No bLlildin g in any z one sha ll be erected, altered, o r use d as a garage for the storage of more than three motor vehicles Or for the business of repairing motor vehicles, if any part of e ithe r old or new bLlilding when com· pleted wOLlid be closer than seventy-five feet to any part of any bOLlndary line of any church, or private hospita l or schoolhouse; or if any pa rt of either old or new bLlilding when com pie ted wou ld be les s than fifteen feet from the ·boundar y line of any lot upon which any part of any church, public or private hospita l or. schoolhouse is located. No ex- isting ga rage used for the sto ra ge of more than thre e motor vehicles or for the bLlsiness of repairing moto r vehicles s hall be deemed to become a non-conforming use throLlgh the erection of a c hospita l or sc hool- house closer t han the aforesa id distance to s Llch a garage . k. No p re rn i 5 e 5 in any COITHnercia l Zone, sha ll be use d for advertising disp lay consistin g of si gns or billboards located upon or above any r oof less than ten feet ---PAGE BREAK--- of the building upon or above which the sign or b1llboard 1S proposed, unless such sign or billboard does not exceed thirty- s ix square feet in area; six feet in least dimension. ten feet in height above the roof upon or above whi c h it is propo se d, and is ·not located with any part closer than ten feet, measured horizontally. to any window in the same or any other building. No premises ln any zone sha ll be used for advertising display consisting of signs or billboards de- tached from buildings or located upon or above any roof and exceeding thirty-six square feet in are.a of fa ce , six feet in least dimension, or ten feet in height above the ground or roof upon or above whi ch the sign or billboard is propose d, if any part of such s ign or billboard is to be located closer than 100 feet to any part of any Apartment House Zone, or Residential Zone;and no such sign or billboard to be located upon or above any roof, or t o be located on the ground clos- erthan ten feet, measured horizontally, to any window, shaH be permitted unless the permit has been approved by the Chief of the Fire Department. 1. No pre m is e s shall be used for business purposes consisting of tempora ry stands, booths, platforms or vehicles intended for the sale of mer c handise or for oth"- er mercantile purposes , · if any part of s uch ;stand, booth, platform or vehicle is ·prop·osed to be located nearer than 125 feet to any Residential Zone, or Apartment House Zone. m. No part of an exterior wall of any building in a Commercial Zone, Apartment House , or Residential Zone shall be locate d closer to the line of any street than the exterio r wall closest to the same street line of any build- ing used for habitation on an adjoining lot or closer to the line of any street than 15 feet, if the next adjoining lot on such s treet is vacant and located in an Apartment Zone; or clos e r to the line of any street than 15 {e et, if the next ad- joining lot on such street is vacant and located in a Residen- tial Zone; provided that these requirements as to setback from street lines shall not apply to a propose d new building or an addition to an existing building used exclusively for habitation if the existing d wei lin g on the adjoining lot is more than 100 fe e t from the proposed location of the new building or addition, and that nothing in this para graph, in case a building exclusively for habitation is to be built on a lot between two existing buildings used exclusive ly for habi- tation , sha 11 prevent setting the proposed building back from the street line only the mean of the setbacks of the buildings existing on either side . ---PAGE BREAK--- B.OUNDARIES OF ZONES Section 8. , , a. Unless otherwise shown, the zone bound- ary lines are the center lines of streets, alleys or railroad rights - of - way or such lines extended. Unless otherwise shown, lines within blocks less than two hundred feet wide are median lines between their sides, and lines within blocks two hundred feet or more wide are one hundred feet distant from the less restricted side of the block. b. Where a zone boundary line divides a lot ina single or joint ownership of record at the time such tine is adopted,the regulations for the less re s tricted portion of such lot shall extend not more than thirty feet into the more restricted portion, provided the lot has frontage on a street in the less restricted zone. NON-CONFORMING USES Section 9. a. Any lawful building or use of a buil<'.ing or premises or any part thereof 'existing at the time of the a- doption of this ordinance or any amendment thereto may be continued, although such building or us~ does not conform to the above provisions hereof, but if such non-conforming use is discontinued for a period of one year, any future use of said buildings and premises shall be in, conformity with the provisions of this ordinance. Such use may be changed or if in a part of a building or premises designed or intended for such use may be extended throughout 'such buildings or ,premises, provided the Zoning Board shall rule that such change :Or extended use is not substantially more detrimen- tal or injurious to the neighborhood. b. A building of non-conforming use may be enlarged or altered or additional buildings may be erected onthe same or an adja'cent parcel of land in the same single , or joint ownership of record at the time it is placed in a zone for an extension of such use, provided the Zoning Board shall rule that such addition or alteration is not sub- stantially more detrimental or injurious to the neighbor- hood. c. A permit for a quar.ry or gravel or sand pit or for a non - conforming temporary building or use in- cidentalinthe development of a neighborhood may be issued for an initial period of not more than two years, provided ---PAGE BREAK--- UJ.. ~dle L.U L.tlt cay Ln Cd!::it L.flt;; DUllulng 1S not rcrnOVf:::U anu the use discontinued prior to the expiration of the permit, and provided the Zoning Board shall rule that such building or use is not seriously detrimental or injurious to the neigh- borhood. Permits may be renewed under like 'cunditions for successive periods of not more than one year each. d. A building may be erected or altered and premises used in any zone for any of the following purposes provided the Zoning Board shall rule that such use is not detrimental or injurious to the neighborhood; 1. Aviation; 2. Cemetery; 3. Greenhouse, garden or nursery; 4. Hospital, sanitarium, institution or phil- a nthropic us e; S. Municipal use; 6. Public utility building or use necessary for the public welfare; 7. School building or use incidental thereto. e. Apublic garage, mercantile establishment, filling station, 'truc::king terminal or stable otherwise ex- cluded, maybe erected, altered and used, provided the Zon- ing Board shall rule that such buildings are not detriITIental or injurious to the neighborhood, and provided further, that there are on file with the Zoning Board the written consents of all the abutting property owners and seventy-five percent of all the frontage of the following property, exclusive of the lot for which the permit is sought and exclusive of all lots used for a public garage, mercantile establishment, filling station, trucking terminal or stable and lots in unre- stricted and commercial zones. I. All lots within a 300-f9010 radius of the lot lines of such lot;on both sides of any streets in said radius; 2. All additional lots abutting on any street or alley to which such public garage, filling station, trucking terminal, mercantile es- tablishment or stable is to have vehicular access, or on a street or alley in substan- tia II y dire ct continuation the reto, and' with- in five hundred feet of the site of.the pro- posed building. Where a portion of a lot is within the above limits a length of frontage equal tothe width of such portion only shall be inc 1 u d e d. On a corne r lot with both w v it he loneer ---PAGE BREAK--- side only sha ll be include d. In the case of a ga rage in a Residential Or Apartment House Zone repairs other than minor re- pairs of automobiles stored there in s hall not be done, and except on a farm, not more than one commercia l automobile shall be stored. f. Nothing herein shall prevent a physician, surgeon, dentist, musician, artist, or a member of a sim- par profession from having his place of business in his res- idence or in an adjoining building. A ZONING BOARD Section 10. 1. A Zoning Board shall her eby be established pursuant to Sections 84 to 88 inclusive of Chapter 80 of the Revised Statutes of 1944 and acts amendatory thereto. The word Board when us e d in this Section shall be construe d to mean the Zoning Board. The Board shall consist of five members who sha ll be residents of the City of Lewiston and shall be appointed by the Mayor of the City of L ewist o n at a regular meeting of the Mayor and Board of Aldermen of the City of Lewiston. The te rm of offic e of the m embe rs of the Board shall be five ¥ears, excepting that the five members first appointed shall serve respectively for terms of one year, two years, three years, four years, and five yearsi and thereafter a m e mber shall- be appointed for terms of five years each. A vacancy shall be filled for the unexpired term by the Mayor within thirty days from the date the va- cancy occurred. The members may be removed for cause as provided for in Article 16, Se ction 6 of the Charter of the City of Lewiston. The Board shall adopt from time to time such rutes . a nd regulations as it may deem necessary to carry into effect the provisions of this section. 2. The Board sha ll keep minutes of its pro- ceedings. recording the vote of each membe.r upon each question and indicatin g the absence, or failure to vote, of any member;and the final disposition of appeals shall be re- corded by resolution indicating the reasons of the Board therefore, all of which shall be a public record. ENFORCEMENT Section 11. a. It s ha II be the duty of the 1 n s p e c tor of Bui.ldin 5 to thp nf l\T ---PAGE BREAK--- ing or c hange of use of any building, structure o f part there- of, or for the use of any premises unle s 5 the plans a nd in- tended use indi cate that the building , structure or premises to conform in all res pe cts to the provi s ions of this ordi- nan ce . b. The Building Inspector s ha ll act upon ap- plications for all permit s required by this ordinance, either by is s uing o r refusin g to issue such permits within a rea- sonable time. Notice of refusal to i ss ue a n y pe rmit shall be given to the owner or to hi s authorized representative in writin g and sha II state the reasons for sa id refusa l. All ap- pli cations fo r permits for pr opose d buildings shall be a'c- companied by a floor plan r e flectin g the outside contour of all buildings and main bearing partition and location of said building on lot. After granting or refusal of an a pplication, the Building Inspector shall file with the Zonin g Board c op- ies of all permits which he ha s granted to gethe r with plans fiLed with him. c . The Inspector of Buildings shall, upon the approval of any appLication for a buildin g permit furnish to the a pplicant a permit, retain a copy thereof and file copies thereof with the Zonin g Board, the City Clerk, a nd the Board of Assessors of the City of Lewisto n. d. The use of a ny part of any b u i I a. in g or structure f o r a sin gLe family dwellin g house , two family dwelling house, Lodging house, hotel, tenement house, dor- mitory, educational use, club, church, farm use, hospital, sanitarium, institution, aviation, office or bank, place of amusement ox: as sembly, r etail busines s o r service other t h a n a gaso line filling or motor vehi cle service s tation, wholesale business, lTIanufa c turing , storage warehouse, gasoline fillin g 0 r m oto r vehicle service station , stable, ga ra ge for storage on ly of more than 0 !1e comme r cia l auto- mobile, garage for repairin g m otor vehicles, any use pro.., hibite d in a n Industria l Zone, or for a ny other distinctive use s hall not be c han ge d to any other use in thi s Li s t of uses or to any other distinctive use, whether alterations in the building or s tructure are invo lve d or not, until a permit au- thorizing such c hange of use has been first secured from t he Inspector of Buildings , unless the proposed use conforms with the requireme nts of this or dinan ce fo r the z.one in which the building or structure or part there of is Located. F a iLure to secure .s uch a permit before s uc h a c han ge i s made s hall be a violation of this o rdinan ce . e . It shall be unlawful to use or permit the use of a ny buiLding or part thereof hereafter e r ecte d or aLtered , _ . . ~~ll ; " n T' nf w ' . l. ~ ---PAGE BREAK--- yards, courts or other open spa c es of which are in any way reduced, until the InspectDr Df Buildings shall have certified Dn the building permit, and Dn the certificate Df Dccupancy if Dne is required, spe c ifying the use to. which the building, upDn being suffic iently to. c with the prDvi- siDns and regulatiDns relating hereto., may be put. ee. Hereafter when a new building is com- pleted Dr an alteratiDn jDb is completed on an old building, a certificaOte 'of occupancy mu s t be obta ined from the Build- ing Inspector, prior to the occupancy of suc h building or any parts thereof, showing that same corresponds to the plan submitted and permit issued, to. the extent of the cons truc- tiDn at the time said Certific ate of O c cupancy is obtained. The buildings shall otherwis e t o the requirements ofthe Ordinances Df the City of and the laws of the State of ~-aine. f. Appeal shall lie by any person a gg rieved by a decision of the Inspector of Buildings to the Board Df Appeals and from said Board of Appeals to the Supe rior Courts. The Board of Appeals may affirm or r e ver s e the decision of the Inspector Df Buildings in accordance with the terms Df tl'lis ordinance; or may, by four-fifths vote of their entire membership, change s uch decision in specific cases wherein it s enfor t ement would involve practical difficulty or unnecessary hardship and wherein de s irable relief may be granted withDut s.ubstantially derogatin g fr o.m the intent and purpose of this ordinance, but not otherwise. Petition for appeals shall be filed with the City Clerk of t he Cit y of Lewiston. g. Before action is taken by the Board of Ap- peals upon any appeal from the decisiDn of the Inspector Df Buildings, and before action is taken by the Board of Ap- peals upon any petition for a ga rage, fillin g station, truck- ing termina.t or stable otherwise excluded, a public hearing shall be held on each .such questiDn. NDtices of such public hearings, stating subject, time and place of hearing, shall be mailed by the City Clerk of the City of Lewiston at least ten days before the date of each hearing to the Building In- spector, the Zoning BDard, and the owner s of property with- in three hundred feet of all the on both sides of the street and all abutting owners of the lot involved in the ap- peal, and for the purpose of this paragraph, the owners of property shall be considered to be the parties listed by the Board of Assessors as those against whom taxes are as- sessed. The appellant or petitioner in suc h a case shall ?ay a fee of five dollars. Failure of any property owners to rece1.ve a notice of public he aring s ha ll not ne c e ss itate another hearing and shall not invalidate any a ction by the ---PAGE BREAK--- h. The rigr.t to a ny variance of the terms of this ordinance secure d by vote of the Board of Appea ls to cha nge. t he decision of the Inspector of Buildings in a spec- ;.fic cas e shall expi r e if the work o r c hange involving s u c h var ia nce is not corntnenced within six months of the date on which the c hange is voted, and if the work or change is not substantially completed within one year of the· date on which such change is voted. Provided, howeve r, the Boa rd may extend the time thereof. i. Upo n any we ll founde d information in writ- ing from any person aggrieved o r fr om the Building In s pec- tor that the provisions of this ordinance a re being violated or upon its own initiative. the Zoning Board s hall inform the Corporatio n Counsel, who is hereby a uthorize d and dire cted to institute any and a ll actions a nd proceedings, e ithe r lega l or equitable, that may be appropriate or necessa ry for the enforcement o f the provisions of this ordinance. the same to be brought in the name of the city. j. Any person or pers on s , ~irrn. or corpora- tion being the owner or tenant of, or havin g the control or use of any buildin g , s tructure or premises, o r part there- of, who viola~es a ny of the provisions of this ordinance, or. fails to conform to a ny. of the provisions thereof, sha ll be · guilty of a misdemeanor. and upo n conviction thereof, s hall befin~d not less than five dollars nor more than twenty do l- lars. E ach day such violation or failure to comply is per- mitted to exist after notification t hereof shall constitute a separate offe n se. BOARD OF APPEALS Se ction 12. a. A Board of Appeals is hereby est ab lis hed. The word ItBoard ll when use d in t his section shall be con- strued to mean the B oard of Appea ls. The Board shall con-. sist of the Zoning Board. The Board sha ll, at their first m eetin g, and a nnua II y thereafter, des ignate one m embe r of the Board as Chairma n. The Board sha ll adopt fr om time. totime spe cia l rule s and re gulation s as they may deem ne c- essa ry to ca rr y into effect the provisions of thi s secti on. b. All meetings of the Board sha ll be open t o the public . The Board shall keep minutes of it s proceedings, recording the vote of each member for each question and in- dicating the absence, or failure to vote of an y member; a nd the fi na l disposition of appea ls shall be recorded by resolu- tion indicatin g the reasons of the Board therefor, a ll of which sha ll be a p ub li c record. ---PAGE BREAK--- , ' APPLICA TION AND VALIDITY Sectien 13. a. This ordinance shall not interfere with, abrogate, annul or repeal any ordinance, rule, re gu lation .or permit previelIsly .or hereafter enacted, adepted or is- sued, pursuant to law, provided however that, unless spe- cifically excepted, where this .ordinance impeses gre ~ ter restrictions its provisions shall control. b. If any sectien or part thereof of this ordi- nance 1S held invalid by the courts, the retnainder of the .ordinance shall net be affected thereby. AMENDMENT Section 14. Upen r ecemmendatien .of the Zening Beard, this ordinance may be amended and its reglIlations, bOlInd- aries and zenes changed by the Mayer and Beard of Alder- men by a two-thirds vote .of its entire membership at a reg- 1Ilar or special meeting .of the CelIncil, dlIly called, pro- videdthatthe statlItery previsions pertaining te lIpblic hear- ings are flIlly complied with.