Document Lewiston_doc_b621ab530f

APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:1 *Editor's note: Ord. No. 00-19, adopted Oct. 5, 2000, added 5, 9, 13, 17 and 22. Hence, 5--7, 8--10, 12--14, 15--18 was renumbered as 6--8, 10--12, 14--16, and 18--21, respectively. See the Code Comparative Table. Sec. 1. Rural-agricultural district (RA). Statement of purpose. The purpose of the rural-agricultural district is to provide areas within the city for the development of very low density residential uses while protecting the rural character of these portions of the city. Within the rural-agricultural district the retention of active agricultural uses is encouraged. Development which occurs within the district should be sensitive to the rural nature of the district and should preserve open space and agricultural land to the maximum extent possible. Applicability. The standards of the rural-agricultural district shall apply to all land shown on the "Official Zoning Map, City of Lewiston" as being located within a rural- agricultural district. Permitted uses. In a rural-agricultural 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: Agricultural uses including the gardening and farming of field crops, row crops, orchards, truck gardens, plant nurseries, pastures and fields with all land, buildings and structures, equipment and machinery necessary thereto including the storage of farm equipment in other than required front setback areas; The keeping of farm animals, poultry, fur bearing animals and other nondomestic animals; The agricultural use of manure, fertilizers, pesticides and herbicides in accordance with the provisions of article XII in conjunction with an agricultural operation; The processing, handling or storage of agricultural products produced on the premises of an agricultural operation; Farm stands for the retail sales of farm products of which at least 50 percent, by total dollar sales, must be produced on the premises; Farm dwellings on the premises of an agricultural operation; Single-family detached dwellings on individual residential lots; Mobile homes on individual residential lots; Religious facilities including churches, synagogues and other houses of worship, rectories and parsonages, and church-affiliated community purpose facilities; (10) Forest management and timber harvest activities in accordance with the standards of article XII; (11) Cemeteries; (12) Family day care homes; (13) Kennels or veterinary hospitals; ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:2 (14) Home occupations; (15) Accessory buildings, structures and uses; (16) Single-family cluster developments; (17) In-law apartments in accordance with the standards of article XII. Conditional uses. In a rural-agricultural 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: Single-family attached dwellings in accordance with the standards of article XIII; Mixed single-family residential developments in accordance with the standards of article XIII; 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; Earth material removal; Airports or heliports; Campgrounds; Public or private facilities for nonintensive outdoor recreation; Group care facilities; (10) Small day care facilities; (11) Day care centers; (12) Municipal buildings and facilities; (13) Nursing or convalescent homes. Space and bulk standards. Any building, structure or use of land or the creation of new lots within the rural-agricultural district shall conform with the following requirements: Minimum lot size single-family detached dwellings and mobile homes on individual lots and group care facilities for eight or fewer people 60,000 square feet farms 120,000 square feet the keeping of animals 120,000 square feet religious facilities, kennels, veterinary hospitals 120,000 square feet single-family cluster developments 20 acres single-family attached dwellings 20 acres mixed single-family residential developments 20 acres ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:3 all other uses 40,000 square feet Minimum net lot area per dwelling unit all dwelling units including detached and attached single- family homes, farm housing, single-family cluster developments, mixed single-family residential developments and mobile homes 60,000 square feet Minimum frontage single-family detached dwellings or mobile home on individual lots 200 feet single-family attached dwellings, single-family cluster developments or mixed single-family residential developments with a single vehicular access 300 feet single-family attached dwellings, single-family cluster developments or mixed single-family residential developments with multiple vehicular access 50 feet/access farms or religious facilities 250 feet all other uses 200 feet Minimum front setback single-family detached dwellings or mobile homes on individual lots 25 feet single-family attached dwellings, single-family cluster developments or mixed single-family residential developments 50 feet agricultural buildings or structures 50 feet all other uses 25 feet Minimum front yard single-family detached dwellings or mobile homes on individual lots 25 feet single-family attached dwellings, single-family cluster developments or mixed single-family residential developments 50 feet all other uses 25 feet Minimum side and rear setbacks single-family detached dwellings, mobile homes on individual lots or group care facilities for eight or fewer people 25 feet single-family attached dwellings, single-family cluster developments or mixed single-family residential developments 50 feet structures or facilities for the keeping of animals 100 feet all other uses 50 feet Minimum side and rear yards single-family detached dwellings, mobile homes on individual lots or group care facilities for eight or fewer people 10 feet single-family attached dwellings, single-family cluster developments or mixed single-family residential developments 50 feet structures or facilities for the keeping of animals 25 feet all other uses 25 feet Maximum building height agricultural buildings 75 feet - all other buildings 35 feet Maximum lot coverage ratio 0.15 ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:4 Additional standards. Any building, structure or use of land within the rural-agricultural district shall comply with the following standards: The general standards of performance of article XII shall apply. 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. 90-3, 5-17-90; Ord. No. 90-10, 10-4-90; Ord. No. 91-8, 10-3-91; Ord. No. 92-27, 11-19-92; Ord. No. 97-7, 9-11-97; Ord. No. 98-6, 7-2-98; Ord. No. 98-7, 9-10-98; Ord. No. 00-27, 1-11-01) Sec. 2. Low-density residential district (LDR). Statement of purpose. The purpose of the low-density residential district is to provide areas within the city for the development of single-family homes on individual residential lots and well planned mixed residential developments in environments which protect them from the adverse impacts of incompatible land uses. The standards of the district provide for residential development of up to six units per acre with the availability of public sewerage. Applicability. The standards of the low-density residential district shall apply to all land shown on the "Official Zoning Map of the City of Lewiston" as being located within a low-density residential district. Permitted uses. In a low-density residential 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: Single-family detached dwellings on individual residential lots; Mixed residential developments in accordance with the standards of article XIII; In-law apartments in accordance with the standards of article XII; Religious facilities including churches, synagogues and other houses of worship, rectories and parsonages, and church-affiliated community purpose facilities; Forest management and timber harvest activities in accordance with the standards of article XII; Cemeteries; Family day care homes; Home occupations; Accessory buildings, structures and uses; (10) Single-family cluster developments; (11) Small day care facilities accessory to public schools, religious facilities, ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:5 multifamily or mixed residential developments, and mobile home parks. Conditional uses. In a low-density residential 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: 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; Municipal buildings and facilities; Day care centers accessory to public schools, religious facilities, multifamily or mixed residential developments and mobile [home] parks. Space and bulk standards. Any building, structure or use of land or the creation of new lots within the low-density residential district shall conform with the following requirements: Minimum lot size single-family detached dwellings and group care facilities for eight or fewer people serviced by public sewerage 10,000 square feet single-family detached dwellings and group care facilities for eight or fewer people not serviced by public sewerage 40,000 square feet religious facilities 40,000 square feet single-family cluster developments and mixed residential developments 5 acres all other uses serviced by public sewerage 20,000 square feet all other uses not serviced by public sewerage 40,000 square feet or greater if required by the Maine Subsurface Waste Water Disposal Rules, as amended Minimum net lot are per dwelling unit mixed residential development serviced by public sewerage 7,000 square feet mixed residential development not serviced by public sewerage 20,000 square feet Minimum frontage single-family detached dwellings 100 feet religious facilities 200 feet single-family cluster developments and mixed residential developments with a single vehicular access 200 feet single-family cluster developments and mixed residential developments with multiple vehicular accesses 50 feet/access ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:6 all other uses 100 feet Minimum front setback single-family detached dwellings 20 feet religious facilities 50 feet single-family cluster developments and mixed residential developments 50 feet all other uses 20 feet Minimum front yard single-family detached dwellings 20 feet religious facilities 20 feet single-family cluster developments and mixed residential developments 50 feet all other uses 20 feet Minimum side and rear setbacks single-family detached dwellings and group care facilities for eight or fewer people 10 feet religious facilities 50 feet single-family cluster developments and mixed residential developments 30 feet all other uses 25 feet Minimum side and rear yards single-family detached dwellings and group care facilities for eight or fewer people 10 feet religious facilities 25 feet single-family cluster developments and mixed residential developments 30 feet all other uses 25 feet Maximum building height - all buildings 35 feet Maximum lot coverage ratio 0.30 Minimum distance between principal buildings on the same lot BOCA Requirements Additional standards. Any building, structure or use of land within the low-density residential district shall comply with the following standards: The general standards of performance of article XII shall apply. Lots created as part of single-family cluster developments shall meet the minimum lot size, frontage and setback requirements set forth in article XIII. Any front, side or rear yard of a mixed residential development shall maintain a 35-foot wide buffer strip in the front yard and a 25-foot wide buffer strip in the side and rear yards, all in accordance with the buffer 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. ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:7 (Ord. No. 89-3, 4-7-89; Ord. No. 89-11, 9-15-89; Ord. No. 90-3, 5-17-90; Ord. No. 90-10, 10-4-90; Ord. No. 91-8, 10-3-91; Ord. No. 92-27, 11-19-92; Ord. No. 96-6, 7-4-96; Ord. No. 97-7, 9-11-97; Ord. No. 98-6, 7-2-98; Ord. No. 00-27, 1-11-01) Sec. 3. Suburban residential district (SR). Statement of purpose. The purpose of the suburban residential district is to provide areas within the city for the development of high quality single-family homes on individual residential lots in environments which protect them from the adverse impacts of incompatible land uses. The standards of the district provide for residential development of up to two units per acre with the availability of public sewerage. Applicability. The standards of the suburban residential district shall apply to all land shown on the "Official Zoning Map of the City of Lewiston" as being located within a suburban residential district. Permitted uses. In a suburban residential 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 as a matter of right: Single-family detached dwellings on individual residential lots; Religious facilities including churches, synagogues and other houses of worship, rectories and parsonages and church-affiliated community purpose facilities; Forest management and timber harvest activities in accordance with the standards of article XII; Cemeteries; Family day care homes; Home occupations; Accessory buildings, structures and uses; Single-family cluster developments; Small day care facilities accessory to public schools, religious facilities, multifamily or mixed residential developments and mobile home parks; (10) In-law apartments in accordance with the standards of article XII. Conditional uses. In a suburban residential 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: 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 ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:8 use; Public or private facilities for nonintensive outdoor recreation; Municipal buildings and facilities; Day care centers accessory to public schools, religious facilities, multifamily or mixed residential developments and mobile home parks. Space and bulk standards. Any building, structure or use of land or the creation of new lots within the suburban residential district shall conform with the following requirements: Minimum lot size single-family detached dwellings serviced by public sewerage 20,000 square feet single-family detached dwellings not serviced by public sewerage 40,000 square feet religious facilities 40,000 square feet single-family cluster developments 10 acres all other uses serviced by public sewerage 20,000 square feet all other uses not serviced by public sewerage 40,000 square feet or greater if required by the Maine Subsurface Waste Water Disposal Rules, as amended Minimum frontage single-family detached dwellings 125 feet religious facilities 200 feet single-family cluster developments with a single vehicular access 250 feet single-family cluster developments with multiple vehicular accesses 50 feet/access all other uses 125 feet Minimum front setback single-family detached dwellings 25 feet religious facilities 50 feet single-family cluster developments 50 feet all other uses 25 feet Minimum front yard single-family detached dwellings 25 feet religious facilities 25 feet single-family cluster developments 50 feet all other uses 25 feet Minimum side and rear setbacks single-family detached dwellings and group care facilities for eight or fewer people 15 feet religious facilities 50 feet single-family cluster developments 30 feet all other uses 30 feet Minimum side and rear yards single-family detached dwellings and group care facilities for eight or fewer people 15 feet ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:9 religious facilities 30 feet single-family cluster developments 30 feet all other uses 30 feet Maximum building height - all buildings 35 feet Maximum lot coverage ratio .20 Additional standards. Any building, structure or use of land within the suburban residential district shall comply with the following standards: The general standards of performance of article XII shall apply. Lots created as part of single-family cluster developments shall meet the minimum lot size, frontage and setback requirements set forth in 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. 90-3, 5-17-90; Ord. No. 90-10, 10-4-90; Ord. No. 91-8, 10-3-91; Ord. No. 92-27, 11-19-92; Ord. No. 96-6, 7-4-96; Ord. No. 97-7, 9-11-97; Ord. No. 98-6, 7-2-98; Ord. No. 98-7, 9-10-98; Ord. No. 00-27, 1-11-01) Sec. 4. Medium-density residential district (MDR). Statement of purpose. The purpose of the medium-density residential district is to provide areas within the city for the development of good quality multifamily housing at densities up to eight units per acre, and good quality single-family housing, at densities of up to two units per acre, including mobile homes where appropriate, while protecting established neighborhoods from undesirable impacts from these uses. Applicability. The standards of the medium-density residential district shall apply to all land shown on the "Official Zoning Map of the City of Lewiston" as being located within a medium-density residential district. Permitted uses. In a medium-density residential 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: Single-family detached dwellings and mobile homes on individual residential lots; 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 ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:10 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; Reserved; 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 homes; (15) Home occupations; (16) Accessory buildings, structures and uses; (17) Single-family cluster developments; (18) Small day care facilities accessory to public schools, religious facilities, multifamily or mixed residential developments and mobile home parks. Conditional uses. In a medium-density residential 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: 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; Private or commercial schools including business colleges without residential facilities; Municipal buildings and facilities; Nursing or convalescent homes; Reserved. Space and bulk standards. Any building, structure or use of land or the creation of new ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:11 lots within the medium-density residential district shall conform with the following requirements: Minimum lot size individual single-family detached dwellings, group care facilities for eight or fewer people, and mobile homes serviced by public sewerage 10,000 square feet individual single-family detached dwellings and mobile homes serviced by a common, on-site septic system which is part of an approved subdivision 20,000 square feet individual single-family detached dwellings, group care facilities for eight or fewer people, and mobile homes not serviced by public sewerage 40,000 square feet two-family dwellings serviced by public sewerage 15,000 square feet two-family dwellings not serviced by public sewerage 80,000 square feet single-family attached dwellings serviced by public sewerage 20,000 square feet single-family attached dwellings not serviced by public sewerage Not permitted multifamily dwellings serviced by public sewerage 20,000 square feet multifamily dwellings or group care facilities for nine or more people not serviced by public sewerage permitted Not permitted mixed single-family residential, mixed residential and single- family cluster developments 5 acres mixed residential developments 5 acres all other principal uses serviced by public sewerage 20,000 square feet all other principal uses not serviced by public sewerage 40,000 square feet or greater if required by the Maine Subsurface Waste Water Disposal Rules, as amended Minimum net lot area per dwelling unit single-family attached dwellings, multifamily dwellings, mixed single-family residential developments and mixed residential developments serviced by public sewerage 5,000 square feet mixed single-family residential developments not serviced by public sewerage 20,000 square feet Minimum frontage individual single-family detached dwellings and mobile homes 100 feet two-family dwellings 125 feet single-family attached dwellings, single-family cluster developments, multifamily dwellings, mixed single-family residential developments and mixed residential developments with a single vehicular access 200 feet single-family attached dwellings, single-family cluster developments, multifamily dwellings, mixed single-family residential developments and mixed residential developments with multiple vehicular accesses 50 feet/access all other uses 100 feet ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:12 Minimum front setback individual single-family detached dwellings, group care facilities for eight or fewer people and mobile homes 20 feet two-family dwellings 20 feet multifamily dwellings 30 feet mixed single-family residential, mixed residential, and single- family cluster developments 30 feet all other uses 50 feet Minimum front yard individual single-family detached dwellings, group care facilities for eight or fewer people and mobile homes 20 feet two-family dwellings 20 feet single-family attached dwellings 20 feet multifamily dwellings 30 feet mixed single-family residential developments, mixed residential, and single-family cluster developments 30 feet all other uses 30 feet Minimum side and rear setbacks individual single-family detached dwellings, group care facilities for eight or fewer people and mobile homes 10 feet two-family dwellings 30 feet single-family attached dwellings 30 feet multifamily dwellings 30 feet mixed single-family residential developments, mixed residential, and single-family cluster developments 10 feet all other uses 10 feet Minimum side and rear yards individual single-family detached dwellings and group care facilities for eight or fewer people 30 feet two-family dwellings 30 feet single-family attached dwellings 30 feet multifamily dwellings 30 feet mixed single-family residential developments; mixed residential developments; and single-family cluster developments 30 feet all other uses 30 feet Maximum building height - all buildings 35 feet Maximum lot coverage ratio 0.30 Additional standards. Any building, structure or use of land within the medium-density residential district shall comply with the following standards: The general standards of performance of article XII shall apply; Lots created as part of mixed single-family residential, mixed residential, or single-family cluster developments shall meet the minimum lot size, frontage and setback requirements set forth in article XIII; The construction of attached single-family dwellings or multifamily dwellings shall be permitted only if they are serviced by public sewerage; ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:13 Prior to the division of any existing lot of record having a gross lot area of five or more acres, the owner shall file a master development plan with the planning director. The plan shall show in a conceptual manner significant manmade and natural features of the site, prime development areas and potential points of adequate vehicular access. The purpose of the plan is to assure that the remaining vacant land will remain suitable for the development of high quality multifamily and mixed residential housing and to preliminarily demonstrate how the standards of article XIII will be met. If the planning director finds that the master development plan does not meet the above requirements, the plan will be forwarded to the planning board for their review and determination of acceptability; The placement of mobile homes on individual residential lots, as outlined under subsection of this section, is permitted only in areas within a mobile home park overlay district; 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. 90-3, 5-17-90; Ord. No. 90-10, 10-4-90; Ord. No. 91-8, 10-3-91; Ord. No. 92-4, 2-20-92; Ord. No. 92-27, 11-19-92; Ord. No. 92-31, 1-7-93; Ord. No. 96-6, 7-4-96; Ord. No. 97-7, 9-11-97; Ord. No. 98-6, 7-2-98; Ord. No. 00-27, 1-11-01; Ord. 10-13, 12-23- 10) Sec. 5. Riverfront (RF). Statement of purpose. The purpose of the riverfront district is to promote redevelopment of the riverfront area for recreation, employment and mixed-age and mixed-income housing by encouraging the development of new buildings or the reuse or conversion of existing buildings and other areas that will enhance the use of the Androscoggin River as an amenity. Applicability. The standards of the riverfront district shall apply to all land shown on the "Official Zoning Map of the City of Lewiston" as being located within a riverfront district. Permitted uses. In a riverfront 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: Academic institutions, including buildings or structures for classroom, administrative laboratory, art, theater, dining services, library, bookstores and student recreational uses, together with buildings accessory to the foregoing permitted principal buildings or structures; Accessory buildings and uses; Drinking place; ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:14 Art and craft studios; Business offices; Commercial outdoor recreation; Commercial parking facilities; Day care centers; Multifamily dwellings in accordance with the standards of article XIII; (10) Single-family attached dwellings in accordance with the standards of article XIII; (11) Restaurants (excluding drive-in restaurants); (12) Family day care homes; (13) Home occupations; (14) Hotels, motels and inns; (15) Hospitals and medical clinics; (16) Mixed use structures; (17) Movie theaters (with three or fewer screens); (18) Municipal buildings and facilities; (19) Museums, libraries and nonprofit art galleries and theaters; (20) Nursing or convalescent homes; (21) Office buildings; (22) Personal services; (23) Photography studios; (24) Places of indoor assembly, amusement or culture; (25) Private or commercial schools including business colleges; (26) Professional offices; (27) Public community meeting and civic function buildings including auditoriums; (28) Public or private facilities for nonintensive outdoor recreation; (29) Religious facilities including churches, synagogues and other houses of worship, rectories and parsonages and church-affiliated community purpose facilities; (30) Retail stores; (31) Student dormitories; (32) Community gardens; (33) Transit and ground transportation facilities; (34) Retail bakeries; ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:15 (35) Water dependant uses, e.g. piers, docks and wharfs; (36) Congregate care/assisted living facilities. Conditional uses. In a riverfront 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: Reservoirs, pumping stations, standpipes or other water supply uses involving facilities located on or above the ground surface; Utility structures--Transformer stations, high voltage power transmission lines, substations, telephone exchanges, microwave towers or other public utility or communications use. Spaces and bulk standards. Minimum lot size all uses 5,000 square feet Minimum lot area per dwelling unit all residential uses 1,500 square feet For new residential construction with 25% or more of the units reserved for low to moderate-income housing as defined by H.U.D, or if the housing development is owner-occupied 1,000 square feet Minimum frontage all uses 50 feet Minimum front setback all uses None Minimum front yard all uses None Minimum side and rear setbacks all uses 10 feet Minimum side and rear yards (required on one side only) all uses 10 feet Maximum impervious surface ratio 0.75 Minimum open space ration 0.25 Maximum building height all uses 75 feet Minimum distance between buildings on the same lot BOCA requirements Additional standards. Any building, structure or use of land within the riverfront district shall comply with the following standards: The general performance standards of article XII shall apply. Modifications (i.e. relaxation of standards) of setbacks, yards, maximum lot coverage ratios, maximum impervious surface ratios, minimum open space ratios, and maximum building height as contained in subsection may be granted by the board of appeals, planning board, staff review committee and the code enforcement official pursuant to articles V, VII, VIII, IX, and XIII of this Code. ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:16 All new residential construction shall comply with the design standards in article XII, section 22. (Ord. No. 00-19, 10-5-00; Ord. No. 05-07, 3-17-05) Editor's note: See editor's note at article XI. Sec. 6. Neighborhood conservation district (NCA). Statement of purpose. The purpose of the neighborhood conservation district is to promote neighborhood stability by requiring the development of new buildings or the 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 restrict housing to single-family detached dwellings unless the existing pattern of use in the immediate neighborhood is two-family or predominantly multifamily dwellings. 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: Single-family detached dwellings and their accessory structures on individual residential lots; In-law apartments in accordance with the standards of article XII; Two-family dwellings provided the locational criteria of subsection are met; Multifamily dwellings provided the locational criteria of subsection are met; Single-family attached dwellings provided that the locational criteria of subsection are met; Religious facilities including churches, synagogues and other houses of worship, rectories and parsonages and church-affiliated community purpose facilities; Forest management and timber harvest activities in accordance with the standards of article XII; Cemeteries; Family day care homes; (10) Home occupations; (11) Accessory buildings and uses; (12) Small day care facilities accessory to public schools, religious facilities, multifamily or mixed residential developments and mobile home parks. 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 ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:17 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: 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; Single-family cluster developments; Municipal buildings and facilities; Day care centers accessory to public schools, religious facilities, multifamily or mixed residential developments and mobile home parks. Reserved. Space and bulk standards. The following space and bulk regulations shall apply to the development of existing lots of record as of the date of adoption of this Code having 20,000 square feet or more of lot area and to the creation of new lots after the date of adoption of this Code and the subsequent development of those lots: Minimum lot size single-family detached dwellings and group care facilities for eight or fewer people serviced by public sewerage 7,500 square feet single-family detached dwellings and group care facilities for eight or fewer people not serviced by public sewerage 20,000 square feet religious facilities 20,000 square feet single-family cluster developments 5 acres single-family attached and multifamily dwellings 20,000 square feet two-family dwellings 12,500 square feet all other uses 20,000 square feet Minimum lot area per dwelling unit all residential uses other than detached single-family dwellings 5,000 square feet Minimum frontage single-family detached dwellings and group care facilities for eight or fewer people 75 feet religious facilities 125 feet single-family cluster developments with a single vehicular access 200 feet single-family cluster developments with multiple vehicular accesses 50 feet/access single-family attached and multifamily dwellings 125 feet two-family dwellings 125 feet all other uses 125 feet Minimum front setback single-family detached dwellings 20 feet religious facilities 50 feet ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:18 single-family cluster developments 50 feet two-family, single-family attached and multifamily dwellings 20 feet all other uses 20 feet Minimum front yard single-family detached dwellings 20 feet religious facilities 20 feet single-family cluster developments 50 feet two-family, single-family attached and multifamily dwellings 20 feet all other uses 20 feet Minimum side and rear setbacks single-family detached dwellings and group care facilities for eight or fewer people 10 feet religious facilities 30 feet single-family cluster developments 30 feet single-family attached and multifamily dwellings 30 feet two-family dwellings 15 feet all other uses 30 feet Minimum side and rear yards single-family detached dwellings and group care facilities for eight or fewer people 10 feet religious facilities 30 feet single-family cluster developments 30 feet single-family attached and multifamily dwellings 30 feet two-family dwellings 15 feet all other uses 30 feet Maximum building height - all buildings 35 feet Maximum lot coverage ratio 0.30 The following space and bulk regulations shall apply to the development of existing lots of record as of the date of adoption of this Code having less than 20,000 square feet of lot area: Minimum lot size None Minimum lot area per dwelling unit. The minimum lot area for a two-family, multifamily or attached single-family dwelling shall be determined by computing the total lot area of all developed impacted properties divided by the total number of dwelling units legally existing on these lots as of the date of adoption of this Code and rounding up to the nearest 100 square feet. 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. Minimum street frontage 50 feet Minimum front setback 15 feet unless otherwise provided for in subsection Minimum front yard 15 feet unless otherwise provided ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:19 for in subsection Minimum side and rear setbacks 10 feet Minimum side and rear yard 5 feet Maximum building height. The maximum building height for lots within the district shall be the average of the number of stories of the principal structures on all developed impacted properties rounded to the nearest whole story. Maximum lot coverage ratio .50 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 40 feet of front yard area can be maintained; or b. No more than one parking space shall be created in this area. In areas where the existing buildings have an established uniform setback relationship to the street, any new building or modification to an existing building may 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 lot containing a dwelling or a residential zoning district shall be maintained as a buffer area meeting the standards of article XIII. A parcel may be developed with a two-family dwelling, only if both of the following criteria are met: a. More than 50 percent of the impacted properties that are developed contain residential structures with two or more dwelling units; and ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:20 b. More than 50 percent of the adjoining properties that are developed contain residential structures with two or more dwelling units. An existing single-family dwelling may be converted to a two-family dwelling only if both of the following criteria are met: a. Forty percent or more of the impacted properties that are developed contain residential structures with two or more dwelling units; and b. Forty percent or more of the adjoining properties that are developed contain residential structures with two or more dwelling units. A parcel may be developed with a multifamily dwelling or with a single-family attached dwelling, an existing building may be converted to a multifamily dwelling or an existing multifamily structure may be altered to create additional units, only if both of the following criteria are met: a. More than 50 percent of the impacted properties that are developed contain residential structures with three or more dwelling units; and b. More than 50 percent of the adjoining properties that are developed contain residential structures with three or more dwelling units. 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. 90-3, 5-17-90; Ord. No. 91-8, 10-3-91; Ord. No. 92-25, 11-5-92; Ord. No. 92-27, 11-19-92; Ord. No. 92-34, 1-7-93; Ord. No. 95-12, 9-14-95; Ord. No. 97-7, 9-11-97; Ord. No. 98-6, 7-2-98; Ord. No. 00-18, 8-17-00; Ord. No. 00-19, 10-5-00; Ord. No. 00-27, 1-11-01; Ord. No. 03-18, 1-1-04) Editor's note: See editor's note at article XI. 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: ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:21 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; Reserved; 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; (16) Accessory buildings and uses; (17) Small day care facilities; (18) Lodging houses. 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, ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:22 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) Shelters; (14) Reserved; (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: Minimum lot size None 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. 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 ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:23 The minimum area derived by the procedure outlined above. Minimum street frontage 50 feet Minimum front setback unless otherwise provided for in subsection 10 feet Minimum front yard unless otherwise provided for in section 10 feet Minimum side and rear yard setbacks 10 feet Minimum side and rear yards 5 feet Maximum building height 65 feet Maximum lot coverage ratio 0.65 Maximum impervious surface ratio 0.85 Minimum open space ratio 0.15 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. 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 ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:24 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; Ord. No.10-02, 3-4-2010; Ord. 10-13, 12-23-10) Editor's note: See editor's note at Article XI. Sec. 8. Office-residential district (OR). Statement of purpose. The purpose of the office-residential district is to provide for the orderly transition of older residential areas along major traffic arteries to low-intensity nonresidential uses and multifamily housing. The conversion of existing properties from residential to nonresidential use should occur in a manner which preserves the architectural character of the neighborhood, provides controlled traffic access and adequate parking and protects adjoining residential neighborhoods from undesirable impacts. Applicability. The standards of the office-residential district shall apply to all land shown on the "Official Zoning Map of the City of Lewiston" as being located within an office- residential district. Permitted uses. In an office-residential 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: Single-family detached dwellings; Two-family dwellings; Single-family attached dwellings; Multifamily dwellings; Reserved; Reserved; Mixed residential developments; Fraternal and philanthropic organizations; In-law apartments in accordance with the standards of article XII; (10) Religious facilities including churches, synagogues and other houses of worship, rectories and parsonages and church-affiliated community purpose facilities; (11) Professional offices; (12) Office buildings and business offices; (13) Tradesman's offices; ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:25 (14) Veterinary facilities; (15) Mortuary or funeral parlor; (16) Hospitals, medical clinics and related facilities; (17) Nursing or convalescent homes; (18) Home occupations; (19) Accessory buildings and uses. (20) Reserved; (21) Family day care home; (22) Photography studios; (23) Forest management and timber harvesting activities in accordance with the standards of article XII; (24) Small day care facilities; (25) Day care centers; (26) Group care facilities. Conditional uses. In an office-residential 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: Private or commercial schools including business colleges; Academic institutions, including buildings or structures for classroom, administrative, laboratory, art, theater, dining, service, library, bookstore and student recreational uses, together with buildings accessory to the foregoing permitted principal buildings or structures; Student dormitories; 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; Municipal buildings and facilities; Beauty shops, barber shops and shoe repair shops; Fitness and recreational sports centers as listed under North American Industry Classification System Code 713940. Space and bulk standards. ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:26 Minimum lot size single-family detached dwellings serviced by public sewerage 7,500 square feet single-family detached dwellings not serviced by public sewerage 20,000 square feet two-family dwellings serviced by public sewerage 10,000 square feet two-family dwellings not serviced by public sewerage 40,000 square feet single-family attached and multi-family dwellings serviced by public sewerage 12,000 square feet single-family attached and multi-family dwellings not serviced by public sewerage 80,000 square feet mixed residential developments serviced by public sewerage 5 acres mixed residential developments not serviced by public sewerage 10 acres nonresidential uses serviced by public sewerage 7,500 square feet nonresidential uses not serviced by public sewerage 20,000 square feet Minimum net lot area per dwelling unit single-family attached dwellings, multifamily dwellings and mixed residential developments serviced by public sewerage 3,000 square feet single-family attached dwellings, multi-family dwellings and mixed residential developments serviced by public sewerage 3,000 square feet single-family attached dwellings, multifamily dwellings and mixed residential developments not serviced by public sewerage 20,000 square feet Minimum frontage single-family detached dwellings 100 feet two-family dwellings 100 feet single-family attached dwellings, multifamily dwellings and mixed residential developments with a single vehicular access 100 feet single-family attached dwellings, multifamily dwellings and mixed residential developments with multiple vehicular accesses 50 feet/access nonresidential uses 100 feet Minimum front setback - all uses 20 feet unless otherwise required by subsection Minimum front yard - all uses 10 feet except as required by subsection Minimum side and rear setback residential uses 15 feet All other uses 20 feet Minimum side and rear yard - all uses 10 feet except where buffers required in accordance with subsection Maximum lot coverage ratio 0.30 Maximum impervious surface ratio 0.60 Minimum open space ratio 0.40 Maximum building height 35 feet ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:27 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 enlargement of an existing building or structure shall be permitted only if the entire project will comply with the off-street parking requirements of article XII upon completion of the expansion. Fifty percent of 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 not be used for parking and shall be maintained as additional yard area, except that access roads or drives and sidewalks are permitted in this area. 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 yard area for uses other than residential located within 50 feet of a lot containing a dwelling or 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 except those properties as noted in subsection The land on the on the east side of Main Street from Brooks Avenue to the Russell Street overpass, including 579 Main Street and 15-18 Pettingill Street, is subject to the following additional standards: a. Modifications of the space and bulk standards contained in subsection may not be granted by the board of appeals, planning board, staff review committee or code enforcement officials. Modifications of the space and bulk standards contained in subsection may not be granted by granted by the board of appeals, planning board, staff review committee or code enforcement officials, with the exception of side and rear yards where the abutting use is nonresidential. b. In all cases, trees on the entire site with a diameter of greater than six inches shall be preserved unless removal is necessary for development activity as determined by the appropriate reviewing authority. ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:28 c. The front yard must be planted with deciduous street trees (not including flowering ornamental trees) at intervals of 15 to 30 feet on center, shall have a minimum two and one-half-inch caliber, and shall be at least eight to 12 feet high at the time of planting. Existing impervious front yard areas must be revegetated to these standards, when a property is subject to development review. d. Each premises is permitted one freestanding ground sign not exceed 72 square feet. Each business entity is permitted a wall sign not to exceed five percent of the ground floor principal facade area of that business or a minimum of 16 square feet, whichever is greater. Ground signs are encouraged to be pedestal type ground signs not exceeding eight feet in height. e. Access is prohibited onto Brooks Avenue, with the exception of single- family homes. f. The following design standards are encouraged for any project subject to development review; however, may be waived by the appropriate reviewing authority due to site limitations and the nature of the development: Off-street parking is to be located on the side and rear of buildings; Any new development or renovations shall generally relate in design features to the surrounding building, showing respect for the local context of Main Street, as seen from Holland Street to Montello Street; Gable or hipped roofs should be used to the greatest extent possible with any new development or renovations. Flat and shed style are roofs are discouraged, unless architectural features are applied to minimize the roofs appearance from Main Street false fronts, parapets, etc.) Shared driveway entrances shall be encouraged with adjacent sites, in order to minimize curb cuts. Additional landscaping, buffering, and screening is encouraged to minimize views of parking areas from streets and abutting properties. (Ord. No. 89-3, 4-7-89; Ord. No. 90-3, 5-17-90; Ord. No. 90-11, 10-4-90; Ord. No. 91-8, 10-3-91; Ord. No. 92-18, 9-10-92; Ord. No. 92-27, 11-19-92; Ord. No. 97-7, 9-11-97; Ord. No. 98-6, 7-2-98; Ord. No. 99-9, 4-15-99; Ord. No. 00-19, 10-5-00; Ord. No. 00-27, 1-11-01; Ord. No. 04-19, 7-15-04; Ord. 10-13, 12-23-10) Sec. 9. Downtown residential district (DR). Statement of purpose. The purpose of the downtown residential district is to promote the improvement of older residential neighborhoods within the downtown by encouraging a transition to more mixed use neighborhoods, including owner-occupied, mixed-age and mixed-income housing with less density where desired and appropriate, low-intensity ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:29 nonresidential uses, more open space and other neighborhood amenities, creating diverse, mixed-use neighborhoods. The standards of the district will encourage the upgrading of the existing neighborhoods by removing blight and vacancy, providing an opportunity for new residential and commercial development, and fostering a sense of community and place through neighborhood meeting, gathering and cultural places. Applicability. The standards of the downtown residential district shall apply to all land shown on the "Official Zoning Map of the City of Lewiston" as being located within a downtown residential district. Permitted uses. In a downtown residential 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: Academic institutions, including buildings or structures for classroom, administrative laboratory, art, theater, dining services, library, bookstores and student recreational uses, together with buildings accessory to the foregoing permitted principal buildings or structures; Accessory buildings and uses; Art and craft studios; Lodging houses; Business offices; Day care centers; Single-family detached dwellings; Two-family dwellings; Multifamily dwellings in accordance with the standards of article XIII; (10) Single-family attached dwellings in accordance with the standards of article XIII; (11) Restaurants (except drive-in restaurants); (12) Family day care homes; (13) Group care facilities; (14) Home occupations; (15) Hotels, motels and inns; (16) In-law apartments in single-family detached dwellings in accordance with the standards of article XIII; (17) Medical clinics; (18) Mixed use structures; (19) Mortuary or funeral parlors; (20) Movie theaters (with fewer than three screens); ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:30 (21) Municipal buildings and facilities; (22) Museums, libraries and nonprofit art galleries and theaters; (23) Nursing or convalescent homes; (24) Office buildings; (25) Personal services; (26) Photography studios; (27) Private or commercial schools including business colleges; (28) Professional offices; (29) Public community meeting and civic function buildings including auditoriums; (30) Religious facilities including churches, synagogues and other houses of worship, rectories and parsonages and church-affiliated community purpose facilities; (31) Retail stores; (32) Student dormitories; (33) Community gardens; (34) Transit and ground transportation facilities; (35) Retail bakeries; (36) Congregate care/assisted living facilities. Conditional uses. In a downtown residential 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: Commercial parking facilities (no more than two parking levels are permitted in the DR district); Public or private facilities for nonintensive outdoor recreation; Reservoirs, pumping stations, standpipes or other water supply uses involving facilities located on or above the ground surface; Utility structures--Transformer stations, high voltage power transmission lines, substations, telephone exchanges, microwave towers or other public utility or communications use. Shelters. Spaces and bulk standards. Minimum lot size all uses 5,000 square feet Minimum lot area per dwelling unit ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:31 all residential uses other than detached single-family dwellings 1,500 square feet For new residential construction with 25% or more of the units reserved for low to moderate-income housing as defined by H.U.D, or if the housing development is owner-occupied 1,000 square feet Minimum frontage all uses 50 feet Minimum front setback all uses None Minimum front yard all uses None Minimum side and rear setbacks all uses 10 feet Minimum side and rear yards (required on one side only) 10 feet Maximum impervious surface ratio 0.75 Minimum open space ration 0.25 Maximum building height Residential uses 50 feet Mixed use structures and commercial uses 65 feet Minimum distance between buildings on the same lot BOCA requirements Additional standards. Any building, structure or use of land within the downtown residential district shall comply with the following standards: The general performance standards of article XII shall apply. 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. All new residential construction shall comply with the design standards in article XII, section 22. (Ord. No. 00-19, 10-5-00; Ord. No. 00-27, 1-11-01; Ord. No. 05-07, 3-17-05; Ord. 10-13, 12-23-10) Sec. 10. Institutional-office (IO). Statement of purpose. The purpose of the institutional-office district is to provide areas within the city for the location of major community facilities including hospitals, schools, colleges and similar institutions. The standards of the district are designed to provide these institutions with flexibility within their property limits but to establish safeguards to protect adjoining residential areas from undesirable impacts associated with these uses. Applicability. The standards of the institutional-office district shall apply to all land shown on the "Official Zoning Map of the City of Lewiston" as being located within an institutional-office district. Permitted uses. In an institutional-office 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 ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:32 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; Hotels, motels and inns with less than 25 rooms; Single-family attached dwelling in accordance with the standards of article XIII; Restaurant in conjunction with another permitted use; Professional offices; Office buildings and business offices; Tradesman's offices; Academic institutions, including buildings or structures for classroom, administrative, laboratory, art, theater, dining, service, library, bookstore and student recreational uses, and athletic or recreation buildings, structures, fields, or facilities together with buildings accessory to the foregoing permitted principal buildings or structures; (10) Hospitals, including institutions for the handicapped; (11) Religious facilities including churches, synagogues, and other houses of worship, rectories and parsonages and church-affiliated community purpose facilities; (12) Nursing and convalescent homes; (13) Day care centers; (14) Museums, libraries and nonprofit art galleries and theaters; (15) Public community meeting and civic function buildings including auditoriums; (16) Dormitories which are situated greater than 125 feet from all district boundaries; (17) Group care facilities; (18) Personal services; (19) Research, experimental or testing laboratories related to a permitted use; (20) Veterinary facilities; (21) Mortuary or funeral parlor; (22) Private or commercial schools including business colleges; (23) Home occupations; (24) Accessory buildings and uses; (25) Forest management and timber harvesting activities in accordance with the standards of article XII; (26) Family day care homes; ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:33 (27) Small day care facilities. Conditional uses. In an institutional-office 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: Clubhouses for qualified charitable, but not merely nonprofit, corporations, provided that the primary use of the premises is not for the conduct of profit- making ventures; Fraternal and social clubrooms and facilities for organizations which are not qualified charitable corporations, but which are directly affiliated with a use permitted under subsection provided that the primary use of the premises is not for the conduct of profit-making ventures; Housing facilities on the premises of institutions permitted under subsection for staff members of such institutions; Service buildings or structures ancillary to and affiliated with permitted institutional uses including, but not limited to, pharmacies and medical supply outlets; Dormitories which are located 125 feet or less from any district boundary; 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; Commercial parking facilities; Municipal buildings and facilities. Space and bulk standards. Minimum lot size multifamily dwellings 10,000 square feet single-family attached dwellings 10,000 square feet nonresidential uses serviced by public sewerage 10,000 square feet nonresidential uses not serviced by public sewerage 20,000 square feet Minimum net lot area per dwelling unit - all residential uses 3,000 square feet Minimum frontage multifamily and attached single-family 100 feet nonresidential uses 100 feet Minimum front setback hospital, nursing homes and medical offices all other uses see below 30 feet Minimum front yard hospital, nursing homes and medical offices all other uses see below 10 feet ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:34 Minimum side and rear setback residential uses 15 feet nonresidential uses 20 feet Minimum side and rear yard - all uses 10 feet Maximum lot coverage ratio hospital, nursing homes and medical offices all other uses 1.00 0.50 Maximum impervious surface ratio hospital, nursing homes and medical offices all other uses 1.00 0.75 Minimum open space ratio hospital, nursing homes and medical offices all other uses none 0.25 Maximum building height hospital, nursing homes and medical offices all other uses 120 feet 75 feet Minimum distance between principal buildings on the same lot BOCA requirements Additional standards. Any required side or rear yard area for uses other than residential located within 50 feet of a lot containing a dwelling or a residential zoning district shall be maintained as a buffer area meeting the standards of article XIII. For the purpose of determining compliance with front, rear and side setback and yard requirements, an enclosed walkway connecting structures on abutting lots in the institutional-office (IO), whether it be underground, elevated or at grade, shall not be considered a structure but shall be considered a walkway. Similarly, awnings and canopies installed on lots in the institutional-office (IO) district that provide shelter from the elements, whether made of permanent or nonpermanent material shall not be considered as structures and may extend into the front, side, and rear yard areas to the extent necessary to provide adequate shelter from the elements as long as the installation will not result in undue impact on adjacent properties, due to the placement of the awnings or canopies, location of service, parking or storage areas, or blocking of solar access, and shall in no way interfere with utilities or with the convenient and safe use of the sidewalk and street right-of-way by all pedestrians and vehicles, but in no case may the canopy be closer than two feet from the property line. The enclosed walkways, awnings and canopies shall be safely made, fixed, supported and maintained and shall comply with NFPA and BOCA requirements for such structures. 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. The minimum front setback and front yard requirements for hospitals, nursing ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:35 homes and medical offices are zero provided the lot directly across the street is in the institutional-office (IO) district. (Ord. No. 89-3, 4-7-89; Ord. No. 90-3, 5-17-90; Ord. No. 92-11, 6-4-92; Ord. No. 92-18, 9-10-92; Ord. No. 92-27, 11-19-92; Ord. No. 93-8, 6-17-93; Ord. No. 95-6, 6-1-95; Ord. No. 97-2, 4-17-97; 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; Ord. No. 05-07, 3-17-05; Ord. No. 09-09, 12-31-09) Editor's note: See editor's note at article XI. Sec. 11. Community business district (CB). Statement of purpose. The purpose of the community business district is to provide areas within the city for the location of major shopping facilities, including shopping centers which serve the wider community. The standards of the district are intended to encourage well planned commercial developments which have controlled vehicular access and high standards of site design. Applicability. The standards of the community business district shall apply to all land shown on the "Official Zoning Map of the City of Lewiston" as being located within a community business district. Permitted uses. In a community business district, any new building or structure which is constructed, any existing building or structure or part thereof which is used, altered or enlarged and any parcel of land, whether in whole or in part, may be used for one or more of the following: Multifamily dwellings; Hotels, motels and inns; Restaurants; Drive-in restaurants as part of and subordinate to eating and drinking establishments; Retail stores; Places of indoor assembly, amusement or culture; Movie theaters; Art and craft studios; Professional offices; (10) Office buildings and business offices; (11) Tradesman's offices; (12) Personal services; (13) Gasoline service stations which are a part of and subordinate to a retail use; (14) Veterinary facilities; ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:36 (15) Mortuary or funeral parlor; (16) Municipal buildings and facilities; (17) Hospitals and medical clinics; (18) Home occupations; (19) Accessory buildings and uses; (20) Religious facilities including churches, synagogues, and other houses of worship, rectories and parsonages and church-affiliated community purpose facilities; (21) Business offices; (22) Fully enclosed automotive services, except repair, involving no exterior storage; (23) Family day care homes; (24) Small day care facilities; (25) Day care centers; (26) Private or commercial schools, including business colleges; (27) Private industrial/commercial developments; (28) Forest management and timber harvesting activities in accordance with the standards of article XII; (29) Mixed-use structures. Conditional uses. In a community business district, any new building or structure which is constructed, any existing building or structure or part thereof which is used, altered or enlarged and any parcel of land, whether in whole or in part, may be used for one or more of the following uses only after the issuance of a conditional use permit in accordance with article X of this Code: Lumber and building material dealers; Drinking place; Adult business establishments; Commercial parking facilities; 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; Drive-in theaters. Space and bulk standards. Minimum lot size ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:37 multifamily dwellings none nonresidential uses serviced by public sewerage none nonresidential uses not serviced by public sewerage 20,000 square feet Minimum net lot area per dwelling unit - all residential uses 3,000 square feet Minimum frontage all residential uses 100 feet nonresidential uses 125 feet Minimum front setback - all uses 30 feet Minimum front yard - all uses 15 feet Minimum side and rear setback all other uses 20 feet Minimum side and rear yard - all uses 10 feet or such lesser distance as may be approved in connection with development review pursuant to Article XIII hereof Maximum lot coverage ratio 0.40 Maximum impervious surface ratio 0.75 Minimum open space ratio 0.25 Maximum building height 50 feet Minimum distance between principal buildings on the same lot BOCA requirements Additional standards. Where the side or rear yard area for uses other than residential is located within 50 feet of a residential zoning district, any required side or rear yard area shall be maintained as a buffer in accordance with the buffer standards of article XIII. 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 except those properties as noted in subsection The land on the west side of Main Street to the Maine Central Railroad right-of- way, from Strawberry Avenue south to the Russell Street overpass is subject to the following additional standards: a. Modifications of the space and bulk standards contained in subsection may not be granted by the board of appeals, planning board, staff review committee or code enforcement officials, with the exception of side and rear yards where the abutting use is nonresidential. b. In all cases, trees on the entire site with a diameter of greater than six inches shall be preserved unless removal is necessary for development activity as determined by the appropriate reviewing authority. ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:38 c. The front yard must be planted with deciduous street trees (not including flowering ornamental trees) at intervals of 15 to 30 feet on center, shall have a minimum two and one-half-inch caliber, and shall be at least eight to 12 feet high at the time of planting. Existing impervious front yard areas must be revegetated to these standards, when a property is subject to development review. d. Each premises is permitted one freestanding ground sign not exceed 72 square feet. Each business entity is permitted a wall sign not to exceed five percent of the ground floor principal facade area of that business or a minimum of 16 square feet, whichever is greater. Ground signs are encouraged to be pedestal-type ground signs not exceeding eight feet in height. e. The following design standards are encouraged for any project subject to development review; however, may be waived by the appropriate reviewing authority due to site limitations and the nature of the development: •Off-street parking is to be located on the side and rear of buildings; • Any new development or renovations shall generally relate in design features to the surrounding building, showing respect for the local context of Main Street, as seen from Holland Street to Montello Street; • Gable or hipped roofs should be used to the greatest extent possible with any new development or renovations. Flat and shed style are roofs are discouraged, unless architectural features are applied to minimize the roofs appearance from Main Street false fronts, parapets, etc.) • Shared driveway entrances shall be encouraged with adjacent sites, in order to minimize curb cuts. • Additional landscaping, buffering and screening is encouraged to minimize views of parking areas from streets and abutting properties. (Ord. No. 89-3, 4-7-89; Ord. No. 90-3, 5-17-90; Ord. No. 90-8, 8-10-90; Ord. No. 92-12, 6-4-92; Ord. No. 92-18, 9-10-92; Ord. No. 92-27, 11-19-92; Ord. No. 96-3, 4-18-96; Ord. No. 97-7, 9-11-97; Ord. No. 98-6, 7-2-98; Ord. No. 00-10, 6-15-00; Ord. No. 00-19, 10-5-00; Ord. No. 04-18, 7-15-04; Ord. No. 05- 07, 3-17-05) Editor's note: See editor's note at article XI. Sec. 12. Highway business district (HB). Statement of purpose. The purpose of the highway business district is to provide areas within the city for the location of businesses which are dependent on automobile borne customers and which require large parking areas to be successful. The standards of this district are intended to allow commercial uses while requiring controlled highway access, good quality site design and protection of adjacent residential property. In addition, the standards require the preparation of a master development plan prior to the development of large parcels. Applicability. The standards of the highway business district shall apply to all land shown ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:39 on the "Official Zoning Map of the City of Lewiston" as being located within a highway business district. Permitted uses. In a highway business district, any new building or structure which is constructed, any existing building or structure or part thereof which is used, altered or enlarged and any parcel of land, whether in whole or in part, may be used for one or more of the following: Hotel, motel, or inn; Restaurant; Drive-in restaurants; Places of indoor assembly, amusement or culture; Retail stores; Arts and crafts studios; Professional offices; Office buildings and business offices; Tradesman's offices; (10) Personal services; (11) Lumber and building material dealers; (12) Building and construction contractors provided there is no exterior storage of materials or equipment visible from a public street or abutting property; (13) Transportation facilities; (14) New and used car dealers; (15) Recreational vehicle dealers; (16) Mobile home dealers; (17) Gasoline service stations; (18) Auto and equipment repair garages; (19) Equipment dealers; (20) Commercial parking facilities; (21) Veterinary facilities including kennels; (22) Mortuary or funeral parlor; (23) Academic institutions, including buildings or structures for classroom, administrative, laboratory, art, theater, dining, service, library, bookstore and student recreational uses, and athletic buildings or structures in which the number of spectators permitted under the fire code of the City of Lewiston shall not exceed the combined staff and resident student population of the institution; together with buildings accessory to the foregoing permitted principal buildings or ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:40 structures; (24) Hospitals, including institutions for the handicapped; (25) Religious facilities including churches, synagogues, and other houses of worship, rectories and parsonages and church-affiliated community purpose facilities; (26) Municipal buildings and facilities; (27) private or commercial schools including business colleges; (28) Home occupations; (29) Accessory buildings and uses; (30) Wholesale sales, warehousing and distribution facilities; (31) Fully enclosed light industrial uses involving no exterior storage of materials, equipment or products; (32) Business offices; (33) Automotive services, except repair; (34) Small day care facilities; (35) Private industrial/commercial developments; (36) Forest management and timber harvesting activities in accordance with the standards of article XII; (37) Movie theaters; (38) Family day care homes; (39) Day care centers; (40) Group care facilities; (41) Mixed use structures involving the adaptive reuse of an existing building. (42) Registered primary caregivers engaged in the cultivation of medical marijuana for two to five registered patients. Conditional uses. In a highway business district, any new building or structure which is constructed, any existing building or structure or part thereof which is used, altered or enlarged and any parcel of land, whether in whole or in part, may be used for one or more of the following uses only after the issuance of a conditional use permit in accordance with article X of this Code: Commercial outdoor recreation; Reservoirs, pumping stations, standpipes or other water supply uses involving facilities located on or above the ground surface; Transformer stations, high voltage power transmission lines, substations, telephone exchanges, microwave towers or other public utility or communications use; ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:41 Drinking place; Drive-in theaters. Registered dispensary (only one registered dispensary is allowed in the City of Lewiston) Space and bulk standards. Minimum lot size uses serviced by public sewerage none uses not serviced by public sewerage 20,000 square feet Minimum frontage - all uses 150 feet Minimum front setback - all uses 30 feet Minimum front yard - all uses 20 feet Minimum side and rear setback structures measuring less than 125 square feet accessory to residential uses 10 feet all other uses 20 feet or such lesser distance in accordance with subsection Minimum side and rear yard - all uses 10 feet or such lesser distance as may be approved in connection with development review pursuant to Article XIII hereof Maximum lot coverage ratio 0.50 Maximum impervious surface ratio 0.75 Minimum open space ratio 0.25 Maximum building height 65 feet Minimum distance between principal buildings on the same lot BOCA requirements Additional standards. Where the side or rear yard area adjoins a residential zoning district or a property in residential use, any required side or rear yard area shall be maintained as a buffer in accordance with the buffer standards of article XIII. Existing lots of record having 150 feet or less of frontage on a street functionally classified as an arterial shall be limited to one point of vehicular access to the arterial to service all development on the lot including the division of the lot into additional lots. Existing lots of record having more than 150 but less than 500 feet of frontage on a street functionally classified as an arterial shall be limited to two points of vehicular access to the arterial to service all development on the lot including the division of the lot into additional lots. Existing lots of record having 500 feet or more of frontage on a street functionally classified as an arterial shall be limited to two points of vehicular access to the arterial for up to 1,000 feet of frontage, plus one additional point of access to the arterial for each additional 500 feet of frontage on the arterial or portion thereof. These points of access ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:42 shall service all development on the lot, including the division of the lot into additional lots. Prior to the division of any existing lot of record having a gross lot area of five acres or more or 500 or more feet of street frontage on a road functionally classified as an arterial or the submission of a development plan for all or a portion of the lot, the owner shall file a master development plan with the planning board. Notwithstanding the aforementioned standards, owners of legally existing lots of record that were developed at the adoption date of this Code may reduce the side and rear setbacks for additions to the extent necessary in conjunction with development review pursuant to article XIII hereof. The development review committee may not reduce said setbacks unless it finds that the following standards have been met: a. If the requested addition is to be five feet or less from the property line the applicant must secure a maintenance agreement with the abutter, to be reviewed and approved by the development review committee, prior to the approval of the setback reduction; b. The proposed addition cannot be otherwise located on the lot to satisfy the Code requirements for which relief is sought; c. The granting of the reduction will not result in undue impact on adjacent properties due to the placement of the addition or building, diversion of surface water or blocking of solar access; and d. The proposed development must meet all other space and bulk standards of the district, and the environmental performance standards listed under article XII, section 19 of this Code. The master development plan shall be conceptual in nature and shall be based upon a site inventory plan identifying the major development opportunities and constraints associated with the site. This inventory shall be prepared by a registered landscape architect or registered professional engineer and shall show in a conceptual manner natural drainage features, environmentally sensitive areas, prime development areas, potential points of vehicular access and other significant manmade and natural features of the site. The master development plan shall address the overall use of the parcel, the overall vehicular circulation system within the parcel, the coordination of accesses onto the arterial street, the general layout of utilities and drainage and provisions for buffering. The master development plan shall also demonstrate how the requirements of the highway business district and the standards of article XIII will be met. Once the master development plan has been filed with the planning board, any division of land or application for approval shall be consistent with the plan unless a revised master development plan is filed. Existing nonconforming single-family dwellings in lawful existence as of January 9, 1988 may be converted to a two-family dwelling as long as the conversion is done within the existing building envelope. ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:43 (Ord. No. 89-3, 4-7-89; Ord. No. 90-3, 5-17-90; Ord. No. 90-17, 1-11-91; Ord. No. 92-12, 6-4-92; Ord. No. 92-18, 9-10-92; Ord. No. 94-14, 10-20-94; Ord. No. 96-3, 4-18-96; Ord. No. 97-7, 9-11-97; Ord. No. 98-2, 3-19-98; Ord. No. 98-6, 7-2-98; Ord. No. 00-19, 10-5-00; Ord. No. 00-27, 1-11-01; Ord. No. 02-07, 5-2-02; Ord. No. 05-07, 3-17-05; Ord. No. 10-14, 1-6-11) Editor's note: See editor's note at Article XI. Sec. 13. Centreville district (CV). Statement of purpose. The purpose of the Centreville district is to encourage a concentration of economic enterprises in the central business district that is convenient and attractive for a wide range of retail, service, financial, government, professional, entertainment and appropriate residential uses in a setting conducive to a high volume of pedestrian traffic. The standards of the district will initiate economic revitalization through increased occupancy of downtown properties, improved real estate values, increased consumer activity, and encourage the restoration and preservation of historic buildings and honor the rich Franco-American cultural heritage of the community. Applicability. The standards of the centreville district shall apply to all land shown on the "Official Zoning Map of the City of Lewiston" as being located within a Centreville district. Permitted uses. In a Centreville 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: Academic institutions, including buildings or structures for classroom, administrative laboratory, art, theater, dining services, library, bookstores and student recreational uses, together with buildings accessory to the foregoing permitted principal buildings or structures; Reserved; Drinking place; Accessory buildings and uses; Art and craft studios; Reserved; Business offices; Clubhouses for qualified charitable corporations (but not merely nonprofit), provided that the primary use of the premises is not for the conduct of profit making ventures; Commercial parking facilities; (10) Day care centers; (11) Multifamily dwellings in accordance with the standards of article XIII; (12) Restaurants (except drive-in restaurants); (13) Family day care homes; ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:44 (14) Gasoline service stations which are part of and subordinate to a retail use; (15) Group care facilities; (16) Home occupations; (17) Hospitals, including institutions for the handicapped; (18) Hotels, motels and inns; (19) In-law apartments in single-family detached dwellings in accordance with the standards of article XIII; (20) Medical clinics; (21) Mixed use structures; (22) Mortuary or funeral parlors; (23) Movie theaters (with fewer than three screens); (24) Municipal buildings and facilities; (25) Museums, libraries and nonprofit art galleries and theaters; (26) Nursing or convalescent homes; (27) Office buildings; (28) Personal services; (29) Photography studios; (30) Places of indoor assembly, amusement or culture; (31) Private or commercial schools including business colleges; (32) Professional offices; (33) Public community meeting and civic function buildings including auditoriums; (34) Religious facilities including churches, synagogues and other houses of worship, rectories and parsonages and church-affiliated community purpose facilities; (35) Research, experimental or testing laboratories related to a permitted use; (36) Retail stores; (37) Student dormitories; (38) Community gardens; (39) Transit and ground transportation facilities; (40) Commercial bakeries; (41) Retail bakeries; (42) Printing facilities including newspaper publishers and information services; (43) Congregate care/assisted living facilities. ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:45 Conditional uses. In a Centreville 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: Reservoirs, pumping stations, standpipes or other water supply uses involving facilities located on or above the ground surface; Utility structures--Transformer stations, high voltage power transmission lines, substations, telephone exchanges, microwave towers or other public utility or communications use. Spaces and bulk standards. Minimum lot size all uses None Minimum lot area per dwelling unit all residential uses other than detached single-family dwellings None Minimum frontage all uses 25 feet Minimum front setback all uses None Minimum front yard all uses None Minimum side and rear setbacks all uses None Minimum side and rear yards (required on one side only) all uses None Maximum lot coverage ratio 100.0 Minimum open space ration None Maximum building height All uses 150 feet Minimum distance between buildings on the same lot BOCA requirements Additional standards. Any building, structure or use of land within the Centreville district shall comply with the following standards: The general performance standards of article XII shall apply. 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. For those historic buildings and structures identified in Appendix A, Article XV, Sections 6 through 10 of this Code located in the Centreville district, a nonconforming use may be reestablished to its original use pursuant to Article VI, Section 4 of this Code. (Ord. No. 00-19, 10-5-00; Ord. No. 00-27, 1-11-01; Ord. No. 04-07, 4-15-04; Ord. No. 05-07, 3-17-05; ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:46 Ord. No. 10-09, 10-7-10; Ord. 10-13, 12-23-10) Sec. 14. Office service (OS). Statement of purpose. The purpose of the office-service district is to set aside areas within the city for the development of major economic activities which do not have significant environmental issues associated with them. The standards of the district provide for well-planned developments with attention to controlled traffic access and buffering of adjacent residential areas. The standards of this district also require that a master development plan be prepared for large parcels prior to the development of the site. Applicability. The standards of the office-service district shall apply to all land shown on the "Official Zoning Map, City of Lewiston" as being located within an office-service district. Permitted uses. In an office-service 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: Hotels, motels, and inns; Restaurant; Places of indoor assembly, amusement or culture; Art and craft studios; Professional offices; Office buildings and business offices; Tradesman's offices; Personal services; Wholesale sales, warehousing and distribution facilities; (10) Building and construction contractors provided there is no exterior storage of materials or equipment visible from a public street or abutting property; (11) Self-storage facilities; (12) Research, experimental or testing laboratories; (13) Light industrial uses; (14) Veterinary facilities including kennels; (15) Mortuary or funeral parlor; (16) Academic institutions, including buildings or structures for classroom, administrative, laboratory, art, theater, dining, service, library, bookstore and student recreational uses, and athletic buildings or structures in which the number of spectators permitted under the fire code of the City of Lewiston shall not exceed the combined staff and resident student population of the institution; ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:47 together with buildings accessory to the foregoing permitted principal buildings or structures; (17) Hospitals, including institutions for the handicapped; (18) Religious facilities including churches, synagogues, and other houses of worship, rectories and parsonages and church-affiliated community purpose facilities; (19) Municipal buildings and facilities; (20) Private or commercial schools including business colleges; (21) Home occupations; (22) Accessory buildings and uses; (23) Family day care homes; (24) Small day care facilities; (25) Day care centers; (26) Forest management and timber harvesting activities in accordance with the standards of article XII; (27) Movie theaters; (28) Group care facilities. (29) Registered primary caregivers engaged in the cultivation of medical marijuana for two to five registered patients. Conditional uses. In an office-service 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: Dormitories; 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; Earth material removal; Private industrial/commercial developments; Motor freight transportation facilities; Drive-in theaters. Registered dispensary (only one registered dispensary is allowed in the City of Lewiston) Space and bulk standards. ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:48 Minimum lot size – all uses 20,000 square feet Minimum frontage - all uses 100 feet Minimum front setback - all uses 50 feet Minimum front yard - all uses 20 feet Minimum side and rear setback - all uses 25 feet Minimum side and rear yard - all uses 10 feet except where buffers required in accordance with subsection Maximum lot coverage ratio 0.50 Maximum impervious surface ratio 0.75 Minimum open space ratio 0.25 Maximum building height 75 feet Minimum distance between principal buildings on the same lot BOCA requirements Additional standards. Where the side or rear yard area is located within 50 feet of a residential zoning district, a 50-foot wide buffer strip shall be maintained in accordance with the buffer standards of article XIII. Any required side or rear yard area located within 50 feet of a lot containing a dwelling not in a residential zoning district shall be maintained as a buffer area meeting the standards of article XIII. Existing lots of record having 150 feet or less of frontage on a street functionally classified as an arterial shall be limited to one point of vehicular access to the arterial to service all development on the lot including the division of the lot into additional lots. Existing lots of record having more than 150, but less than 500 feet of frontage on a street functionally classified as an arterial shall be limited to two points of vehicular access to the arterial to service all development on the lot including the division of the lot into additional lots. Existing lots of record having 500 feet or more of frontage on a street functionally classified as an arterial shall be limited to two points of vehicular access to the arterial for up to 1,000 feet of frontage, plus one additional point of access to the arterial for each additional 500 feet of frontage on the arterial or portion thereof. These points of access shall service all development on the lot, including the division of the lot into additional lots. Prior to the division of any existing lot of record having a gross lot area of five acres or more or 500 or more feet of street frontage on a road functionally classified as an arterial or the submission of a development plan for all or a portion of the lot, the owner shall file a master development plan with the planning board. The master development plan shall be conceptual in nature and shall be based upon a site inventory plan identifying the major development opportunities and constraints associated with the site. This inventory shall be prepared by a registered landscape architect or registered professional engineer and shall show in a conceptual manner natural drainage features, environmentally sensitive areas, prime development areas, potential points of vehicular access, and other significant manmade and natural features of the site. ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:49 The master development plan shall address the overall use of the parcel, the overall vehicular circulation system within the parcel, the coordination of accesses onto the arterial street, the general layout of utilities and drainage and provisions for buffering. The master development plan shall also demonstrate how the requirements of the office service district and the standards of article XIII will be met. Once the master development plan has been filed with the planning board, any division of land or application for approval shall be consistent with the plan unless a revised master development plan is filed. 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. 89-16, 11-30-89; Ord. No. 90-3, 5-17-90; Ord. No. 92-12, 6-4-92; Ord. No. 92-18, 9-10-92; Ord. No. 93-1, 2-4-93; Ord. No. 96-3, 4-18-96; 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; Ord. No. 05-07, 3-17-05; Ord. No. 10-14, 1-6-11) Editor's note: See editor's note at article XI. Sec. 15. Industrial district Statement of purpose. The purpose of the industrial district is to set aside areas of the city for the development of major economic activities, including manufacturing and processing, and to protect these areas from encroachment from noncompatible residential or commercial uses. Applicability. The standards of the industrial district shall apply to all land shown on the "Official Zoning Map of the City of Lewiston" as being located within an industrial district. Permitted uses. In an industrial 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: Eating and drinking places accessory to an allowed use; Retail outlet accessory to an allowed use; Office buildings, business offices and/ or auxiliary business offices; Personal services accessory to an allowed use; Wholesale sales, warehousing and distribution facilities; Building and construction contractors; Engineering, research, management and related services; Fuel oil dealers and related facilities; Light industrial uses; ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:50 (10) Industrial uses; (11) Municipal buildings and facilities; (12) Family day care homes; (13) Small day care facilities; (14) Day care centers; (15) Private industrial/commercial developments; (16) Forest management and timber harvesting activities in accordance with the standards of article XII; (17) Motor freight transportation facilities; (18) Tradesman's offices; (19) Fitness and recreational sports centers as listed under North American Industry Classification System Code 713940. (20) Registered primary caregivers engaged in the cultivation of medical marijuana for two to five registered patients. Conditional uses. In an industrial 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: 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; Reserved; Equipment dealers and repair garages; Commercial solid waste disposal facilities; Junkyards and auto graveyards; Recycling and reprocessing facilities; Vocational and education buildings; Earth material removal. (10) Registered dispensary (only one registered dispensary is allowed in the City of Lewiston) Space and bulk standards. Minimum lot size – all uses 40,000 square feet ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:51 Minimum frontage - all uses 100 feet Minimum front setback - all uses 50 feet Minimum front yard - all uses 25 feet Minimum side and rear setback - all uses 25 feet Minimum side and rear yard - all uses 10 feet except where buffers required in accordance with subsection Maximum lot coverage ratio 0.50 Maximum impervious surface ratio 0.75 Minimum open space ratio 0.25 Maximum building height 100 feet Minimum distance between principal buildings on the same lot BOCA requirements Additional standards. Where the side or rear yard area for uses other than residential is located within 50 feet of a residential zoning district, a minimum 50-foot wide buffer area shall be maintained along the side and rear yards in accordance with the buffer standards of article XIII. Any required side or rear yard area for uses other than residential located within 50 feet of a lot containing a dwelling not in a residential district shall be maintained as a buffer area meeting the standards of article XIII. Where the front yard area for uses other than residential is located across the street from an abutting property in a residential zoning district and in residential use, a 25-foot buffer area shall be maintained in the front yard area meeting the standards of article XIII. The industrially-zoned land on the east side of River Road, from Alfred A. Plourde Parkway to the northwesterly property line of 380 River Road, is subject to the following additional standards: a. The minimum front setback for all uses is 100 feet. b. The minimum front yard for all uses is 100 feet, and shall be maintained as a buffer area meeting the standards of article XIII. c. No new vehicular access points are allowed along the frontage between 326 River Road and that portion of 9 Gendron Drive that has frontage on River Road. d. The above referenced setback, yard, and buffer requirements shall also apply to the that portion of 380 River Road located directly across from 367 River Road, as shown on Exhibit A. e. Only one vehicular access point no wider than 50 feet within the 100-foot buffer of 380 River Road shall be permitted. 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 ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:52 enforcement official pursuant to articles V, VII, VIII, IX, and XIII of this Code. However, the required buffer areas under subsection above shall not be reduced by modification or variance. (Ord. No. 89-16, 11-30-89; Ord. No. 90-3, 5-17-90; Ord. No. 90-12, 11-16-90; Ord. No. 91-6A, 7-4-91; Ord. No. 92-12, 6-4-92; Ord. No. 92-18, 9-10-92; Ord. No. 93-1, 2-4-93; Ord. No. 96-16, 12-19-96; Ord. No. 97-7, 9-11-97; Ord. No. 98-6, 7-2-98; Ord. No. 00-19, 10-5-00; Ord. No. 02-06, 5-2-02; Ord. No. 02- 08, 5-16-02; Ord. No. 03-16, 1-1-04; Ord. No. 06-07, 5-18-06; Ord. No. 10-14, 1-6-11) Editor's note: See editor's note at article XI. Sec. 16. Urban enterprise district (UE). Statement of purpose. The purpose of the urban enterprise district is to encourage the improvement, reuse and redevelopment of older mixed use areas of the city by allowing a wide range of uses with appropriate development standards. Applicability. The standards of the urban enterprise district shall apply to all land shown on the "Official Zoning Map of the City of Lewiston" as being located within an urban enterprise district. Permitted uses. In an urban enterprise 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: Hotels, motels and inns; Restaurants; Drive-in restaurants; Places of indoor assembly, amusement or culture; Retail stores; Art and craft studios; Professional offices; Office buildings and business offices; Tradesman's offices; (10) Personal services; (11) Wholesale sales, warehousing and distribution facilities; (12) Lumber and building material dealers; (13) Building and construction contractors, provided that all exterior storage of materials and equipment are screened to a minimum height of eight feet from all abutting properties and public streets; (14) Self-storage facilities; (15) Research, experimental and testing laboratories; (16) Reserved; ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:53 (17) Transportation facilities; (18) Gasoline service stations; (19) Auto repair garages; (20) Equipment repair garages; (21) Commercial parking facilities; (22) Light industrial uses; (23) Mortuary or funeral parlors; (24) Academic institutions, including buildings or structures for classroom, administrative, laboratory, art, theater, dining, service, library, bookstore and student recreational uses, and athletic buildings or structures in which the number of spectators permitted under the fire code of the City of Lewiston shall not exceed the combined staff and resident student population of the institution; together with buildings accessory to the foregoing permitted principal buildings or structures; (25) Hospitals, including institutions for the handicapped; (26) Religious facilities including churches, synagogues, and other houses of worship, rectories and parsonages and church-affiliated community purpose facilities; (27) Municipal buildings and facilities; (28) Private or commercial schools including business colleges; (29) Home occupations; (30) Accessory buildings and uses; (31) Automotive services, except repair; (32) Family day care homes; (33) Small day care facilities; (34) Day care centers; (35) Private industrial/commercial developments; (36) Forest management and timber harvesting activities in accordance with the standards of article XII; (37) New car dealerships; (38) Mixed use structures; (39) Movie theaters. (40) Veterinary hospitals, Humane Society and related facilities; (41) Group care facilities. (42) Registered primary caregivers engaged in the cultivation of medical marijuana for two to five registered patients. ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:54 Conditional uses. In an urban enterprise 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: Reserved; Multifamily dwellings; 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; Industrial uses; Recycling and reprocessing facilities; Reserved; Reserved; Motor freight transportation facilities; (10) Used car dealership except for areas of the urban enterprise (UE) district in the downtown portion of the city as defined as north of Gulley Brook and south of Island Avenue; (11) Used car dealerships. (12) Registered dispensary (only one registered dispensary is allowed in the City of Lewiston) Space and bulk standards. Minimum lot size multifamily dwellings 5,000 square feet nonresidential uses serviced by public sewerage 5,000 square feet nonresidential uses not serviced by public sewerage 20,000 square feet Minimum net lot area per dwelling unit - all residential uses 1,500 square feet Minimum frontage - all uses 100 feet Minimum front setback - all uses 25 feet unless provided for in subsection Minimum front yard - all uses None Minimum side and rear setback all other uses 20 feet Minimum side and rear yard all uses 10 feet except where buffers required in accordance with subsection Maximum lot coverage ratio 0.60 ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:55 Maximum impervious surface ratio 0.80 Minimum open space ratio 0.20 Maximum building height 80 feet 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 and loading to meet the requirements of article XII for the new use without variation. The enlargement of an existing building or structure shall be permitted only if the entire project will comply with the off-street parking and loading requirements of article XII upon completion of the expansion. 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. Any required side or rear yard area for uses other than residential located within 50 feet of a lot containing a dwelling not in a residential zoning district shall be maintained as a buffer area meeting the standards of article XIII. In areas where the existing buildings have an established uniform setback relationship to the street, any new building or modification to an existing building may 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. Used car dealerships may be deemed an accessory use to gasoline service station, auto repair garages and automotive services, except repair uses, if the following criteria are met: a. That all the criteria outlined in the definition of accessory use under article II, section 2 are adhered to; b. That the parking and on-site circulation for both the existing and proposed use is reviewed and approved pursuant to development review under article XIII; c. That the maximum number of used vehicles for sale on-site, at any one item, does not exceed six vehicles. Used car dealerships which are not an accessory use to gasoline service stations, auto repair garages and automotive services, except repair uses, are permitted only after the issuance of a conditional permit in accordance with article X of this Code, and the project is reviewed and approved pursuant to development review under article XIII. Modifications (ie. relaxation of standards) of setbacks, yards, maximum lot coverage ratios, maximum impervious surface ratios, minimum open space ratios, ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:56 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. 90-3, 5-17-90; Ord. No. 92-12, 6-4-92; Ord. No. 92-18, 9-10-92; Ord. No. 92-27, 11-19-92; Ord. No. 93-1, 2-4-93; Ord. No. 93-2, 2-4-93; Ord. No. 94-9, 8-18-94; Ord. No. 95- 8, 7-20-95; Ord. No. 96-3, 4-18-96; Ord. No. 97-3, 5-15-97; Ord. No. 97-7, 9-11-97; Ord. No. 98-6, 7-2- 98; Ord. No. 99-16, 10-12-99; Ord. No. 99-18, 11-20-99; Ord. No. 00-19, 10-5-00; Ord. No. 04-07, 4-15- 04; Ord. No. 05-07, 3-17-05; Ord. 10-13, 12-23-10; Ord. No. 10-14, 1-6-11) Editor's note: See editor's note at article XI. Sec. 17. Mill district Statement of purpose. The purpose of the mill district is to develop a major employment center in the downtown by fostering the development of mixed use commercial enterprises and appropriate high-density residential areas while preserving and restoring historic buildings and properties. Developments located within this district should enhance the commercial, cultural, educational and residential vitality of the downtown and link the downtown to the riverfront through a series of pedestrian corridors, pocket parks and open spaces, utilizing the historic canal system, with expanded arts and recreational amenities. Applicability. The standards of the mill district shall apply to all land shown on the "Official Zoning Map of the City of Lewiston" as being located within a mill district. Permitted uses. In a mill 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: Academic institutions, including buildings or structures for classroom, administrative laboratory, art, theater, dining services, library, bookstores and student recreational uses, together with buildings accessory to the foregoing permitted principal buildings or structures; Drinking place; Accessory buildings and uses; Art and craft studios; Building and construction contractors provided there is no exterior storage of materials or equipment visible from all abutting properties and public streets; Business offices; Commercial parking facilities; Day care centers; Multifamily dwellings in accordance with the standards of article XIII; (10) Restaurants (except drive-in restaurants); (11) Family day care homes; (12) Fully enclosed automotive services, except repair and involving no exterior ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:57 storage; (13) Gasoline service stations; (14) Home occupations; (15) Hotels, motels and inns; (16) Light industrial uses; (17) Lumber and building materials dealer; (18) Medical clinics; (19) Mixed use structures; (20) Mortuary or funeral parlors; (21) Movie theaters; (22) Municipal buildings and facilities; (23) Museums, libraries and nonprofit art galleries and theaters; (24) Office buildings; (25) Personal services; (26) Photography studios; (27) Places of indoor assembly, amusement or culture; (28) Private or commercial schools including business colleges; (29) Private industrial/commercial developments; (30) Professional offices; (31) Public community meeting and civic function buildings including auditoriums; (32) Fully enclosed recycling and reprocessing facilities with no outside storage; (33) Religious facilities including churches, synagogues and other houses of worship, rectories and parsonages and church-affiliated community purpose facilities; (34) Research, experimental or testing laboratories related to a permitted use; (35) Retail stores; (36) Self-storage facilities; (37) Student dormitories; (38) Community gardens; (39) Transportation facilities (except those that include truck transportation as classified under use group 484, NAICS 1997); (40) Transit and ground transportation facilities; (41) Wholesale, warehouse and distribution facilities; ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:58 (42) Printing facilities including newspaper publishers and information services; (43) Congregate care/assisted living facilities. Conditional uses. In a mill 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: Industrial uses; Motor freight transportation facilities; Commercial recreation facilities; Nursing or convalescent homes; Reservoirs, pumping stations, standpipes or other water supply uses involving facilities located on or above the ground surface; Utility structures--Transformer stations, high voltage power transmission lines, substations, telephone exchanges, microwave towers or other public utility or communications use. Spaces and bulk standards. Minimum lot size all uses None Minimum lot area per dwelling unit all residential uses None Minimum frontage all uses 25 feet Minimum front setback all uses None Minimum front yard all uses None Minimum side and rear setbacks all uses None Minimum side and rear yards (required on one side only) all uses None Maximum lot coverage ratio 100.0 Minimum open space ration None Maximum building height all uses 100 feet Minimum distance between buildings on the same lot BOCA requirements Additional standards. Any building, structure or use of land within the mill district shall comply with the following standards: The general performance standards of article XII shall apply. Modifications (ie. relaxation of standards) of setbacks, yards, maximum lot ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:59 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. 00-19, 10-5-00; Ord. No. 05-07, 3-17-05) Sec. 18. Resource conservation district (RC). Statement of purpose. The purpose of the resource conservation district is to protect fragile ecological systems, vulnerable areas and areas of unique natural or scenic value from development or use which would adversely affect water quality, productive or unique wildlife and aquatic habitat, biotic systems, ecological relationships or scenic and natural values or which would create unreasonable risks to the public safety and welfare due to flooding, earth movement or slides or unstable soil conditions. To accomplish this purpose, uses are permitted which avoid disruption of the natural environment and are compatible with the natural risks associated with development within these areas while allowing productive use to be made of the land. Applicability. The standards of the resource conservation district shall apply to all land shown on the "Official Zoning Map, City of Lewiston" as being located within a resource conservation district. Permitted uses. In a resource 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: Public or private facilities for nonintensive outdoor recreation; Forest management and timber harvesting activities in accordance with the standards of article XII; Agriculture; Preservation of historic areas; Emergency and fire protection activities; Bridges and public roadways; Accessory buildings or uses. Conditional uses. In a resource 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 the Code: Dams; Public utility structures and facilities; Campgrounds; Piers, docks and marinas; ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:60 Nonresidential structures for educational, scientific or nature interpretation purposes containing a maximum floor area of not more than 10,000 square feet; Municipal buildings and facilities. Space and bulk standards. Any building, structure or use of land or the creation of new lots within the resource conservation district shall comply with the following requirements: Minimum lot size 10,000 square feet Minimum street frontage 50 feet Maximum building height 35 feet Maximum building area ratio 0.1 Maximum impervious surface ratio 0.1 Minimum open space ratio 0.9 Minimum frontage on shoreline 100 feet Minimum setback from shoreline (all structures other than permitted piers, docks, marinas, dams, bridges and other water dependent uses) 75 feet Minimum front setback 50 feet Minimum front yard 20 feet Minimum side and rear setback 25 feet Minimum side and rear yard 15 feet Minimum shoreline buffer retained in natural vegetative state 50 feet Minimum stream buffer retained in natural vegetative state 25 feet Additional standards. The general standards of performance of article XII shall apply. Any use involving the construction of nonresidential floor space or the conversion of an existing structure from one use to another shall be subject to the development review requirements of article XIII of the Code. (Ord. No. 92-18, 9-10-92; Ord. No. 00-19, 10-5-00) Editor's note: See editor's note at article XI. Sec. 19. Groundwater conservation overlay district (GC). Statement of purpose. The purpose of the groundwater conservation overlay district is to protect, preserve and maintain the quality and quantity of the existing and potential groundwater supply within the city by controlling the use, storage and disposal of potential contaminants of the groundwater in areas of the city and identified significant sand and gravel aquifers and by assuring the groundwater recharge areas associated with these aquifers are protected from overdevelopment. Applicability. The standards of the groundwater conservation overlay district shall apply to any land meeting any of the following criteria: Is located above a significant sand and gravel aquifer as identified by the Maine Geologic Survey, Maine Department of Conservation, "Hydrogeologic Data for Significant Sand and Gravel Aquifers," Maps 11 and 16; or Is located within 100 feet of a significant sand and gravel aquifer; or ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:61 Is located within the recharge area of a significant sand and gravel aquifer as defined by the extent of permeable stratified sand and gravel and recharging wetlands within them that drain into the aquifer; or Is located within the seasonal high water limits of any stream that flows into a recharge area of a significant sand and gravel aquifer. Where the bounds delineated are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where they should properly be located. At the request of the owner(s), the city may engage a professional geologist, geotechnical engineer, or soil scientist to determine more accurately the location and extent of an aquifer or recharge area, and shall charge the owner(s) for the cost of the investigation. These standards shall apply in addition to the standards of the underlying zoning district in which the property is located. Permitted uses. Any use permitted in the underlying zoning district and not prohibited by subsection shall be permitted in the groundwater conservation overlay district. Conditional uses. Any use permitted with a conditional use permit in the underlying zoning district and not prohibited by subsection shall be permitted as a conditional use in the groundwater conservation overlay district. Prohibited uses. Any use prohibited in the underlying zoning district together with the following uses, even if permitted in the underlying zoning district, shall be prohibited in the groundwater conservation overlay district: The disposal of solid wastes, other than brush and stumps in accordance with Solid Waste Disposal Rules and Regulations of the State of Maine; The storage of gasoline or other refined petroleum products except as heating fuel stored within a building or accessory to an allowed use and in accordance with the standards of the Maine Department of Environmental Protection for Permitting Underground Oil Storage Facilities; The storage of road salt or other deicing chemicals; The dumping of snow brought in from outside of the district; The storage or disposal of hazardous wastes as defined by the hazardous waste regulations promulgated by the Bureau of Land Quality Control, Maine Department of Environmental Protection; Automotive and equipment service and repair shops; Junkyards and salvage yards; Cemeteries. Space and bulk standards. Any building, structure or use of land within the groundwater conservation overlay district shall comply with the following requirements in addition to the space and bulk regulations of the underlying zoning district: Maximum impervious surface ratio 0.25 or as otherwise provided in subsection ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:62 Additional standards. Any building, structure or use of land within the groundwater conservation overlay district shall comply with the following requirements: Timber harvesting. a. Over any ten-year period, harvesting shall not remove more than 50 percent of the volume of trees over four inches in diameter. For the purpose of these standards, volume may be considered equivalent to basal area. b. Burning of slash is prohibited. Export of woodchips to wood-to-energy plants or on-site chipping and broadcast application to the land are recommended for slash disposal. Agriculture. a. Land application of sludge and spray irrigation of industrial wastewater or sewage are prohibited in the groundwater conservation district. b. Manure spreading is permitted if carried out in conformance with a conservation plan which meets the standards of the state soil and water conservation commission and is approved by the Androscoggin Valley Soil and Water Conservation District. The conservation plan must include provisions for control of surface water runoff and nonpoint source pollution. Animal husbandry. a. Animal husbandry and associated manure handling must be carried out in conformance with a conservation plan which meets the standards of the state soil and water conservation commission and is approved by the Androscoggin Valley Soil and Water Conservation District. The conservation plan must include provision for control of surface water runoff and nonpoint source pollution. Impervious surface. a. The impervious surface ratio for nonresidential uses may be increased if a groundwater study prepared by a groundwater hydrologist demonstrates that such increase will not have an adverse impact on either the quality or quantity of groundwater or that proposed mitigation measures will result in there being no adverse impact to either the quality or quantity of the groundwater. Industrial and commercial uses. a. Facilities shall be designed so that all stored, spilled or leaked hazardous materials are contained on-site; b. Facilities shall be designed so that no stored, spilled or leaked hazardous materials can infiltrate into the ground; c. Permanent disposal of any waste containing hazardous materials shall not ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:63 be allowed on-site; d. Interior floor drains shall not be directed to any stream, storm drain, dry well or subsurface wastewater disposal system. They shall be directed to holding tanks, treatment systems or the public sewer system; e. Above ground storage tanks for hazardous materials shall be located within a diked area which is impervious to the substance(s) being stored and large enough to contain the entire contents of the tank(s); f. Storage areas for drums shall be contained within a diked area which is impervious to the substances being stored. All drums shall be stored in product-tight containers which are protected from leakage, accidental damage and vandalism; g. Commercial or industrial activities which have uncovered storage areas shall have specially designed stormwater drainage facilities which provide for disposal of stormwater in a manner that will not adversely affect groundwater quality; h. Dumpsters used to store industrial or commercial wastes shall be covered; i. The design of storage and containment storage shall be approved by the city engineer for conformance with standard engineering practice. Subsurface wastewater disposal systems. a. In areas which are not served by public sewer, no more than one dwelling unit may be connected to a subsurface waste disposal system, and no "engineered systems" are permitted unless a full hydrogeologic study which examines the specific groundwater impacts of the proposed system indicates that there will be no off-site impacts on groundwater quality. The study must be conducted by a state certified geologist with proven experience in hydrogeology. b. Disposal of hazardous materials to wastewater disposal systems is prohibited. Earth material extraction. a. Extraction shall not be allowed below the average seasonal high water table. No ditches, trenches, pumping or other methods shall be used to artificially lower the water table to permit more gravel extraction than could occur under natural conditions. b. All petroleum products shall be kept out of the pit. If refueling and oil changes must be conducted in the pit, a special area must be constructed that would prevent the maximum possible spill from entering the ground. Absorbent pads shall be kept onsite to be used immediately, should any petroleum products be spilled on the soil. c. The pit shall not be used for storage or dumping of any substances that could produce a harmful leachate. ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:64 d. Any washing or crushing operations shall be conducted in a manner that will minimize runoff and evaporation. e. Access and haul roads into and around the pit shall not be oiled or salted. f. Access to the pit shall be strictly controlled at all times with locking gates. When the pit is permanently closed, all vehicular entrances shall be made impassable. g. When the pit is permanently closed, it shall be loamed and seeded. Application of fertilizer, manure or other soil amendments to bare soil whose topsoil has been removed is prohibited. Pesticides and herbicides. The application of pesticides and herbicides for nondomestic or nonagricultural uses shall be carried out with all necessary precautions to prevent hazardous concentrations of pesticides and herbicides in the water and on the land within the groundwater conservation district as a result of such application. Such precautions include, but are not limited to; erosion control techniques, the control of runoff water (or the use of pesticides having low-solubility in water), the prevention of volatilization and redeposition of pesticides and the lateral displacement (i.e. wind drift) of pesticides. Development approval. All nonresidential projects requiring development review shall prepare a groundwater protection plan which shall identify proposed measures for protecting the groundwater from adverse impacts from loss of recharge capacity, exfiltration from sewer pipes and contamination by oils, chemicals or nutrients. (Ord. No. 92-5, 3-5-92; Ord. No. 00-19, 10-5-00) Editor's note: See editor's note at article XI. Sec. 20. No name pond conservation overlay district (LC). Statement of purpose. The purpose of the no name pond conservation overlay district is to protect the water quality of no name pond by controlling the discharge of surface runoff into the lake, thereby limiting nutrient loading to levels which will not result in substantial degradation of the pond's water quality. Applicability. The standards of the no name pond conservation overlay district shall apply to any land located within the watershed of no name pond which discharges surface water either directly or indirectly to no name pond, as shown on the Official Zoning Map, City of Lewiston. These standards shall apply in addition to the standards of the underlying zoning district in which the property is located. Permitted uses. Any use permitted by right in the underlying zoning district shall be permitted in the no name pond conservation overlay district. Conditional uses. Any use permitted with a conditional use permit in the underlying zoning district shall be permitted as a conditional use in the No Name Pond conservation overlay district. Prohibited uses. Any use prohibited in the underlying zoning district shall be prohibited in the No Name Pond conservation overlay district. ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:65 Space and bulk standards. Any building, structure or use of land within the no name pond conservation overlay district shall comply with the following requirements in addition to the space and bulk regulations of the underlying zoning district: Minimum setback from shoreline (all structures other than permitted piers, docks, marinas and similar water dependent uses) 100 feet Minimum shoreline buffer retained in natural vegetated state 50 feet Minimum shoreline frontage for any abutting on the pond 100 feet Minimum buffer from perennial or intermittent stream or open stormwater drainage course retained in natural vegetated state 50 feet Maximum impervious surface ratio 0.1 Additional standards. Any building, structure or use of land within the no name pond conservation overlay district shall comply with the following requirements: Fertilizer use: a. The use of fertilizers within the required shoreline, stream or drainage course buffers is prohibited. b. The use of solid chemical fertilizers for agricultural or other nondomestic purposes is prohibited. c. The use of liquid chemical fertilizers or manure for agricultural or other nondomestic purposes shall be done in accordance with a fertilizing plan approved by the District Conservationist of the Androscoggin Valley Soil and Water Conservation District. This plan shall be filed with the code enforcement official at least 48 hours prior to application of any fertilizer. A plan for a year-long or similar time period may be submitted to the code enforcement official to avoid having to file a separate plan for each application. The total area of any lot devoted to lawns and gardens shall not exceed 30 percent of the total area of the lot. Any lot exceeding this requirement as of January 9, 1988 shall be permitted to retain all existing lawn and garden areas. No new lawn or garden area shall be established within the required shoreline, stream or drainage course buffers. Private sewage disposal systems: a. For all proposed on-site sewage disposal systems within the no name pond conservation overlay district and within 250 feet of the shoreline of no name pond, the minimum separation distance required by the applicable state subsurface wastewater disposal rules, between the disposal area bottom and the most limiting soil or groundwater condition (seasonable high groundwater table, restrictive layer or bedrock), must be increased by a factor of 1.5. b. For all proposed on-site sewage disposal systems within the no name pond conservation overlay district within 1,000 feet but greater than 250 feet of the shoreline of no name pond, the minimum separation distance required by the applicable state subsurface wastewater disposal rules, between the ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:66 disposal area bottom and the most limiting soil condition, must be increased by a factor of 1.25. c. The installation of any on-site sewage disposal system within 250 feet of the shoreline of no name pond, any perennial or intermittent stream tributary to no name pond or any open stormwater drainage course shall comply with the above standard and all the other requirements of the applicable state subsurface wastewater disposal rules without variance. d. The installation of any on-site sewage disposal system with a design capacity in excess of 1,000 gallons per day shall be permitted only if a detailed groundwater hydrology study, acceptable to the city engineer, demonstrates that the system will not have an adverse impact on the water quality of no name pond. e. Replacement or reconstruction of lawfully-existing private residential sewage disposal systems in existence and in use on the effective date of this ordinance and systems on lots in subdivisions approved prior to the effective date of this ordinance, shall not be subject to the requirements of subsections (3)a and (3)b, but shall be required to comply with the applicable requirements of the state subsurface wastewater disposal rules. Proposals for the development of all new or existing lots within the no name pond conservation overlay district, including single-lot residential development, shall comply with the following additional requirements as part of the approval of the project: a. The applicant shall demonstrate, using methodology approved in advance by the Maine Department of Environmental Protection, that the proposed development will incorporate appropriate stormwater best management practices based on standards to assure that development within the watershed will not increase the total phosphorous concentration of no name pond by more than 0.75 part per billion. If the analysis demonstrates that this standard will not be met, the applicant shall propose modifications to the plan to bring the project into conformance with the standard. b. The applicant shall demonstrate, using the soil conservation service methodology for small urban watersheds for a 25-year, 24-hour storm, that the total volume of stormwater discharged from the site in its post development condition shall not exceed the total runoff in its predevelopment condition by more than 20 percent. If this analysis demonstrates that this standard will not be met, the applicant shall propose modifications to the plan to retain runoff on the site to bring the project into conformance with the standard. c. The applicant shall prepare an erosion and sedimentation control plan to minimize, to the maximum extent possible, the discharge of sediments to no name pond. This plan shall be consistent with the practices set forth in the most recent edition of the Environmental Quality Handbook - Maine, published by the Maine Soil and Water Conservation Service and shall be ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:67 reviewed and approved by the District Conservationist of the Androscoggin County Soil and Water Conservation District. Projects within the no name pond conservation overlay district that include one acre or more of disturbed area, must comply with the Maine Stormwater Management Law, 38 MRSA Section 420-D, and any regulations issued thereunder, specifically Rules 500 and 502, having an effective date of December 31, 1997, repealed and replaced on November 16, 2005, and further amended on December 21, 2006. Furthermore, all projects within 250 feet distance from the normal high water line from no name pond must meet the standard under article XII, shoreland area standards. Conflicts. In any case in which a provision of article XI, section 20 conflicts with provisions contained in other articles of this Code, the more stringent standard shall apply. (Ord. No. 92-5, 3-5-92; Ord. No. 00-19, 10-5-00; Ord. No. 02-24, 2-6-03; Ord. No. 06-17, 2-8-07; Ord.No. 08-08, 10-2-08) Editor's note: See editor's note at article XI. Sec. 21. Mobile home park overlay district (MH). Statement of purpose. The purpose of the mobile home park overlay district is to provide for the accommodation of mobile homes in planned, integrated mobile home parks, and mobile homes on individual residential lots, at a standard consistent with the protection of the health, safety and general welfare of the residents of the city while establishing safeguards to minimize the adverse impacts on neighboring property owners. Applicability. The standards of the mobile home park overlay district shall apply to all land shown on the "Official Zoning Map, City of Lewiston" as being located within the mobile home park overlay district. Permitted uses. Any use permitted in the underlying zoning district shall be permitted in the mobile home park overlay district. In addition the following uses shall be permitted whether or not they are permitted in the underlying district: Mobile home parks consisting of: a. Residential mobile homes and accessory buildings or structures; b. Facilities for the operation and maintenance of the mobile home park including: 1. A dwelling for the owner or manager; 2. Laundry and restroom facilities; 3. Offices and common areas for the management of the park; 4. Indoor recreation facilities, meeting rooms and common facilities for the exclusive use of park residents and their guests; 5. Outdoor recreation facilities for the exclusive use of park residents and their guests; ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:68 6. Service and utility buildings for the storage and repair of equipment used in the operation and maintenance of the park; and 7. Storage facilities for the exclusive use of park tenants. c. Facilities for the sales of mobile homes including a sales office and not more than five model units for parks having 50 or fewer sites plus one additional model for each 25 additional approved sites in excess of 50 to a maximum of 12 model units. Mobile homes on individual residential lots. Conditional uses. Any use permitted with a conditional use permit in the underlying zoning district shall be permitted as a conditional use in the mobile home park overlay district unless such use is made a permitted use by subsection above. Prohibited uses. Any use prohibited in the underlying zoning district which is not a permitted or conditional use in the mobile home park overlay district shall be prohibited in the district. Space and bulk standards. Any use other than a mobile home park shall comply to the space and bulk standards of the underlying district. Mobile home parks shall comply with the following requirements: Minimum lot size 5 acres Minimum street frontage 200 feet Minimum net lot area per dwelling unit 6,500 square feet Minimum setback of mobile home from the perimeter of the site 50 feet Minimum front yard 25 feet Minimum side and rear yard 50 feet Minimum side and rear buffer 25 feet Maximum lot coverage ratio .040 Additional standards. The general standards of performance of article XII shall apply. The expansion or development of a mobile home park shall be subject to the development review requirements of article XIII of this Code. The mobile home park shall conform to the off-street parking requirements of article XII. The layout, design and construction of individual mobile home sites and related facilities shall conform to the standards set forth in article XII of this Code. No development which is approved under this section as a mobile home park may be converted to another use without the approval of the planning board, and meeting the appropriate lot size, frontage, setbacks and other requirements. The plan to be recorded at the registry of deeds and filed with the city shall include the following restrictions as well as any other notes or conditions of approval: a. The land within the park shall remain in a unified ownership and the fee to lots or portions of lots shall not be transferred. ---PAGE BREAK--- APPENDIX A – ZONING AND LAND USE CODE ARTICLE XI. DISTRICT REGULATIONS Lewiston Code A XI:69 b. No dwelling unit other than a manufactured housing unit shall be located within the park. c. The owner or operator of a mobile home park shall be responsible for ensuring the maintenance of the park and code compliance with all provisions of the Revised Code of Ordinances of the City of Lewiston for all park owned structures, including recreation and open space areas and mobile home sites. (Ord. No. 90-10, 10-4-90; Ord. No. 92-31, 1-7-93; Ord. No. 00-19, 10-5-00) Editor's note: See editor's note at article XI.