Section 15~~Land Use Ordinance
Amendments
15.03.01.03 Performance Standards
All land use activities permitted in accordance with the table above, regardless of whether they require a permit or approval from the Planning Board, Code Enforcement Officer or Licensed plumbing inspector, shall comply with all applicable standards set forth in this section and in sections 15.05.09, 15.05.10, 15.05.11 and 15.08, except that essential services may be exempt from the lot size, road frontage, lot width, & height requirements when in the opinion of the Planning Board there is no reasonable alternative.
Public Hearing -Planning Board 8/9/95
Adopted -Veazie Town Council 8/21/95
15.04.05.01
Notwithstanding .... in common ownership, and
Notwithstanding any other provision of this ordinance, on any lot in the R-2 zone, the legal description or dimensions of which are recorded on a document or map on file at the Penobscot county Registry of Deeds, which, on January 1, 1958 (approximate date of first zoning in Veazie) encompassed less than 4000 square feet of area, and which does not adjoin another vacant parcel in common ownership, a single family residence and customary accessory structures may, without the need for a variance, be built or expanded up to 50% lot coverage, but only subject to the following:
Adopted May 13, 1996
15.03.02.07 Industrial (I-1)
Minimum lot size: 43,560 square feet
Minimum road frontage and lot width: 50
Minimum front setback: 25
Minimum side setback: 15, provided that the side setback shall be increased by one (1) foot for every two (2) feet of building or structure height above fifteen (15) feet
Minimum rear: 25, provided that the rear setback shall be increased by one (1) foot for every two (2) feet of building or structure height above fifteen (15) feet
Maximum lot coverage: 60%
Maximum height: 35 feet except that with separate Veazie Town Council approval structures may be 100 feet and smoke stacks may meet minimum DEP requirements
15.05.09.25.04
Sounds associated with the following shall be exempt from regulation:
15.05.09.25.04.01
Sounds from a regulated development at the property line of the receiving property when the generator of the sound has been conveyed a noise easement for that location.
Public Hearing -Planning Board 3/9/98
Adopted -Veazie Town Council 3/30/98
15.03.02.07 Industrial (I-1)
Minimum lot size: 43,560 square feet
Minimum road frontage and lot width: 50
Minimum front setback: 25
Minimum side setback: 15, provided that the side setback shall be increased by one (1) foot for every two (2) feet of building or structure height above fifteen (15) feet
Minimum rear: 25, provided that the rear setback shall be increased by one (1) foot for every two (2) feet of building or structure height above fifteen (15) feet
Maximum lot coverage: 60%
Maximum height: 35 except that with separate Veazie Town Council approval structures may be 100 120 feet and stacks may meet but not exceed the stack height requirement set by the Maine DEP pertaining to dispersion of pollution emissions.
The above front setback, side setback, and minimum rear requirements shall not apply
with respect to contiguous lots within the Industrial Zone, when the owner(s) of the abutting lot(s) within the Industrial Zone execute a written agreement and consent to the reduction of the setbacks; provided that even with such agreement and consent in no event shall the distance between any buildings located in the Industrial Zone be less than 25 feet from any building located on a contiguous lot. The owners shall record their agreement within 90 days of its execution in the Penobscot Registry of Deeds, and submit a copy of the recorded agreement to the Planning Board.
15.05.09.07.03.01
All streets and sidewalks shall be designed and constructed to meet the following standards for streets according to their classification as determined by the Planning Board, with all construction to be overseen by the Road Commissioner or his/her designee:
STREET CONSTRUCTION STANDARDS |
|
Arterial |
Collector |
Minor |
Private ROW |
Industrial/ Commercial |
Minimum Right-of-way Width |
80' |
50' |
50' |
50' |
60' |
Minimum Pavement Width/Travelled Way Width |
44' |
24' |
20' |
18' |
30' |
Sidewalk Width |
8' |
5' |
5' |
N/A |
8' |
Minimum Grade |
.5% |
.5% |
.5% |
N/A |
.5% |
Maximum Grade w/in 75' of Intersection |
2% |
2% |
2% |
N/A |
2% |
Maximum Grade**** |
5% |
6% |
8% |
10% |
5% |
Minimum Centerline Radius***** |
500' |
230' |
150' |
N/A |
400' |
Minimum Tangent Between Curves of Reverse Alignment***** |
200' |
100' |
50' |
N/A |
200' |
Roadway Crown |
1/4"/ft |
1/4"/ft |
1/4"/ft |
N/A |
1/4"/ft |
Minimum Angle of Street Intersections ** |
90 |
90 |
75 |
75 |
N/A |
Minimum Curb Radii at Intersections *** |
30' |
20' |
15' |
N/A |
30'*** |
Minimum R/O/W Radii at Intersections |
20' |
10' |
10' |
10' |
20' |
Minimum Width of Paved Shoulders (each side) |
5' |
4' |
4' |
4' |
9' |
Crushed Aggregate Sub-Base Course (Stone Max 4")* |
18" |
18" |
18" |
12" |
18" |
Crushed Aggregate Base Course |
4" |
4" |
4" |
4" |
4" |
Hot Bituminous Pavement (Total Thickness)* |
3 ½" |
3" |
3" |
3" |
3 ½" |
Surface Course* |
1 ½" |
1" |
1" |
1" |
1 ½" |
Base Course* |
2" |
2" |
2" |
2" |
2" |
* Minimum thickness of material after compaction.
** Street intersection angles shall be as close to 90 as feasible, but no less than the listed angle.
*** Should be based on turning radii of expected commercial vehicles, but no less than 30'.
**** Maximum grade may be exceeded for a length of 100 feet or less.
***** The distance set for Industrial/Commercial can be reduced if required to meet State and Federal permitting requirements to avoid or reduce impact on rare, threatened, or endangered species and/or to wetlands but in no case may the distance be less than 100 feet.
Public Hearing -Planning Board
Adopted -Veazie Town Council 7/13/98
15.03.02.01 Low Density Residential (R-1)
Minimum lot size: 15,000 square feet
Minimum road frontage: 90
Minimum lot width: 90
Minimum front setback: 20 except that accessory structures may be 10 10 except that frontages on State Street, Chase Road, and School Street from State Street to Eagleview Drive shall be 20
Minimum side setback: 10
Minimum rear setback: 20 except that accessory structures may be 10
Maximum lot coverage: 30%
Maximum height: 35
Open space ratio for subdivision: 30% of parcel being subdivided
Maximum gross density in subdivision: 1 dwelling unit per acre of buildable area
Maximum net density in cluster subdivisions: 3 dwelling units per acre of net buildable area (not to exceed maximum gross density)
15.03.02.02 Urban Residential (R-2)
Minimum lot size: for residences, 15,000 square feet for one dwelling unit plus 4,000 square feet per dwelling unit for each additional dwelling unit up to four plus 5,250 square feet per dwelling unit over four; for other uses, 12,000 square feet
Minimum road frontage: 90
Minimum lot width: 90
Minimum front setback: 20 except that accessory structures may be 10 10 except that frontages on State Street, Chase Road, and School Street from State Street to Eagleview Drive shall be 20
Minimum side setback: 10
Minimum rear setback: 20 except that accessory structures may be 10
Maximum lot coverage: 30%
Maximum height: 35
Open space ratio for subdivision: 30% of parcel being subdivided
Maximum gross density in subdivision: 1 dwelling unit per acre of buildable area
Maximum net density in cluster subdivisions: 3 dwelling units per acre of net buildable area (not to exceed maximum gross density)
15.03.02.03 Suburban Residential (R-3)
Minimum lot size: 15,000 square feet
Minimum road frontage and lot width: 90 plus 10 for each dwelling unit over one
Minimum front setback: 20 except that accessory structures may be 10 10 except that frontages on State Street, Chase Road, and School Street from State Street to Eagleview Drive shall be 20
Minimum side setback: 10
Minimum rear setback: 20 except that accessory structures may be 10
Maximum lot coverage: 30%
Maximum height: 35
Open space ratio for subdivision: 30% of parcel being subdivided
Maximum gross density in subdivision: 1 dwelling unit per acre of buildable area
Maximum density in cluster subdivisions: 3 dwelling units per acre
Maximum density for multifamily dwellings: 8 dwelling units per acre
15.03.02.04 Residential and Farming (R-4)
Minimum lot size: 40,000 square feet (must meet applicable septic codes)
Minimum road frontage: 90
Minimum lot width: 90
Minimum front setback: 30 10 except that frontages on State Street, Chase Road, and School Street from State Street to Eagleview Drive shall be 20
Minimum side setback: 15
Minimum rear setback: 30
Maximum lot coverage: 25%
Maximum height: 35
Open space ratio for subdivision: 40% of parcel being subdivided
Maximum gross density in subdivision: 1 dwelling unit per acre of buildable area
Maximum net density in cluster subdivisions: 3 dwelling units per acre of net buildable area (not to exceed maximum gross density)
Maximum net density for cluster subdivisions and multifamily dwellings: 4 dwelling units per acre of net buildable area (not to exceed maximum gross density)
Adopted - Veazie Town Council 3/22/99
15.05.08.03 Owners and Applicants
The name(s) and address(es) of the owner(s), the site plan applicant(s) or developer(s) and any duly authorized representative(s) thereof, including:
* for any corporation, the name, mailing address and physical address of each officer, clerk and registered agent;
* for any partnership or limited partnership, the name, mailing address and physical address of each partner and registered agent;
* for any limited liability company, the name, mailing address and physical address of each manager and registered agent;
* for any sole proprietorship or joint venture, the name, mailing address and physical address of each owner or principal;
* in addition to the foregoing, for any business that intends to provide or exhibit nude entertainment, the name, date of birth, mailing address and physical address of each person with a five percent (5%) or more financial interest in the business and of each person who will have any management position with respect to the business and whether any such person has, within the ten (10) years immediately prior to the date of the application, been convicted of prostitution, promoting prostitution, or a class A, B or C felony as such offenses are defined under Maine law, or equivalent offenses in any other jurisdiction(s).
* * *
15.05.08.10 Structures, Easements, Driveways, Zone and Lot Lines
The locations of all existing and proposed buildings, structures, known easements, driveways, entrances and exits of the lot of the proposed site and within two hundred feet (200') of said site and, for any business that intends to provide or exhibit nude entertainment:
* the location of the line of any R-1, R-2, R-3 or R-4 zone within seven hundred feet (700') of the proposed site;
* the location of the line of any lot within seven hundred feet (700') of the proposed site on which is located a public or private school, a school dormitory, a public playground or park, a church, chapel, parish house or other place of worship, a public library, a juvenile shelter or orphanage.
* * *
15.05.08.44.01 Description
A written description of the proposed operation in sufficient detail to indicate the degree to which the operation will create traffic congestion, noise, toxic or noxious matter, vibrations, odor, heat, glare, air pollution, gasses and fumes, waste, dirt, fly ash, dust smoke or other objectionable or offensive effects, together with engineering, architectural and landscaping plans for mitigating or eliminating such effects and whether nude entertainment will be provided or exhibited;
15.05.08.44.02 Operation
The hours of operation, the proposed shifts to be worked and, the maximum number of employees on each shift and, for any business that intends to provide or exhibit nude entertainment, the specific days of the week and hours during which such entertainment shall be provided or exhibited;
* * *
15.05.08.44.04 Seating Capacity
The maximum seating capacity of any business that will routinely provide seating for customers or patrons;
15.05.08.44.05 Location of Nude Entertainment
For any business that intends to provide or exhibit nude entertainment, the specific area or location within the building where such entertainment shall be provided or exhibited.
* * *
15.05.09.03 [RESERVED] Compliance with Other Codes
All buildings and structures shall comply with all applicable provisions of the Town of Veazie Building Code and Existing Structures Code and the NFPA Life Safety Code.
* * *
15.05.11.17 Commercial Displays of Nudity
All site plans for businesses that will provide or exhibit nude entertainment shall demonstrate that the proposed development will comply with the following:
15.05.11.17.01 Location
Any business that will provide or exhibit nude entertainment shall be located in that area of the I-1 Zone located in the areas between Interstate 95 and Stillwater Avenue and such a business shall not be permitted in any other area of the Town.
15.05.11.17.02 Convictions
No permit of any kind shall be issued for a business that will provide or exhibit nude entertainment if any person with a five percent (5%) or more financial interest in the business or any person who will have any management position with respect to the business has, within the ten (10) years immediately prior to the date of the application, been convicted of prostitution, promoting prostitution, or a class A, B or C felony as such offenses are defined under Maine law, or equivalent offenses in any other jurisdiction(s). The conviction of any such person of such offense(s) at any time subsequent to the issuance of a permit shall result in the revocation of the permit.
15.05.11.17.03 Dwelling Units Prohibited
No portion of any building or structure on any lot on which is located a business that provides or exhibits nude entertainment shall be used as a dwelling unit.
15.05.11.17.04 Restaurant Requirements
All requirements set forth in this ordinance applicable to restaurants and eating and drinking establishments shall apply to any business that will provide or exhibit nude entertainment, irrespective of whether such business will sell or otherwise provide food or beverages.
15.05.11.17.05 Entertainment Within Building
Any display or exhibition of nude entertainment shall be contained entirely within a building, not on any deck, porch or patio associated therewith, and shall be concealed in such a manner that no portion of any person providing such entertainment can be observed from any adjoining lot or public property.
15.05.11.17.06 Setbacks
No portion of any building in which nude entertainment is provided or exhibited shall be located four hundred feet (400') or less from:
* the line of any R-1, R-2, R-3 or R-4 zone;
* the line of any lot on which is located a public or private school, a school dormitory, a public playground or park, a church, chapel, parish house or other place of worship, a public library, a juvenile shelter or orphanage.
15.05.11.17.07 Changing Rooms and Restrooms
15.05.11.17.07.01
Any building in which nude entertainment is provided or exhibited shall have changing rooms and restrooms for the persons providing such entertainment that are separate the toilet facilities available for or accessible to customers, patrons or the general public.
15.05.11.17.07.02
No business providing or exhibiting nude entertainment shall allow customers, patrons or members of the general public into changing rooms or restrooms used by or set aside for persons providing such entertainment.
15.05.11.17.07.03
No person providing nude entertainment shall change or be in any state of undress in any restroom available or accessible to customers, patrons or members of the public, except to the limited extent necessary in conjunction with the customary use of a toilet or urinal.
15.05.11.17.08 Hours of Operation
No business shall provide or exhibit nude entertainment beyond the hours set forth in the business’ permit application or after the hour of 1:00 a.m. and all businesses providing or exhibiting nude entertainment shall be closed and cleared of customers, patrons and members of the public from 1:30 a.m. to 6:00 a.m. Mondays through Saturdays to 1:00 p.m. Sundays.
15.05.11.17.09 Conduct
15.05.11.17.09.01 Employment
No person under the age of eighteen (18) years shall be employed in any capacity in any business that provides or exhibits nude entertainment. For purposes of this section the term employee shall include hourly and salaried employees and all persons working or performing on the premises for tips or commissions or as independent contractors or contract dancers or performers. The operator of each such business shall be responsible for verifying the age of each employee through photographic identification. Each employer shall maintain records showing the name and date of birth of each employee, including a copy of the photographic identification used to verify age. Prior to an employee’s beginning employment, the operator shall bring the records to the Veazie Police Department to verify the age of the prospective
employee. Such records shall be maintained by the operator until six (6) months after the employee ceases employment and are subject to review by the Veazie Police on the business premises during normal business hours. In the event the Veazie Police reasonably suspect from a review of such records that an employee is under the age of eighteen (18) years, they may copy such records for investigatory purposes. Any record so obtained, and any subsequent information developed therefrom, is declared to be “intelligence and investigative information” under 16 M.R.S.A. § 611(8) which, if publicly disclosed, would endanger the life or safety of the individuals named therein. Notwithstanding this declaration, record information may be disclosed to the person named therein.
15.05.11.17.09.02 Patrons
15.05.11.17.09.02.01
No person under the age of eighteen (18) years shall be admitted as a customer or patron to any commercial establishment providing or exhibiting nude entertainment. The operator of each such establishment shall be responsible for verifying the age or each person entering the premises through photographic identification. Nothing herein shall be construed as to lessen any applicable State age requirement for the admission of any person to a business establishment at which alcohol is served.
15.05.11.17.09.02.02
There shall be no physical contact anywhere on the premises between patrons and any person performing or providing nude entertainment. For purposes of this section, physical contact does not include incidental contact between a patron and an entertainer of a business or social nature such as a handshake or that brief contact that may occur while a patron is giving a tip to an entertainer. In no case shall incidental contact be deemed to include such conduct as is barred by State statutes regarding unlawful sexual contact, regardless of the intent of either party, any contact between a patron and the genitalia or breasts of an entertainer or any contact between an entertainer and the genitalia or breasts or a patron.
15.05.11.17.09.02.03
Under no circumstances shall any patron, customer or member of the public be in any state of undress or expose his or her genitalia anywhere on the premises, except to the limited extent necessary in conjunction with the customary use of a toilet or urinal.
15.05.11.17.09.03 Limitations on Entertainment
15.05.11.17.09.03.01
No person providing or performing nude entertainment shall engage in sadomashchistic acts or in specified sexual activities as defined by this ordinance.
15.05.11.17.09.03.02
The showing, display or exhibition of specified anatomical areas, as defined by this ordinance, is prohibited.
15.12.01.12 Definitions
Nude Entertainment: The showing, display or exhibition in a public or private establishment of uncovered or exposed female breasts. Nude entertainment does not include specified sexual activities or the showing, display or exhibition of specified anatomical areas.
Operate: To own, run or manage any establishment or place of business.
Operator: The owner or manager of any establishment or place of business.
Sadomasochistic Acts: The acts, including what may be referred to as bondage and discipline, of flagellation, torture or punishment by or upon a person clad in undergarments, a mask or bizarre costume; or the condition of being fettered, bound or otherwise physically restrained while so clothed or by a person so clothed.
Specified Anatomical Areas: (1) The display or exhibition of the male or female pubic area, perineum or anus with less than a fully opaque covering is prohibited; (2) The display or exhibition of male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities: (1) Human genitals in a state of sexual stimulation or arousal; (2) Actual or simulated acts of human masturbation, sexual intercourse, sodomy, or any sexual act or sexual contact as defined by Main law, as amended; (3) Fondling or other touching of human genitals, pubic area, buttock or female breast.
15.05.11.18 Residential Use of Commercial Properties
“Residential occupancy use of portions of commercial properties may be allowed with Planning Board approval if the portion of the existing building to be used residentially has previously been used as a residential property and provided the use is considered secondary to the commercial use or uses allowed in the zone. The residential use will not be expanded in foot print to an area greater than previously occupied by the residential use except as may be required to meet current life safety and/or other related building code issues. Furthermore, any tenant must be notified in writing or so notified in their lease that the property is in a commercial zone and the tenant should expect allowed commercial activities to occur.”
Adopted: Veazie Town Council October 4, 2004
SECTION 15.01 GENERAL
15.01.01 Title
15.01.02 Authority
15.01.03 Purpose
15.01.04 Applicability
15.01.05 Severability
15.01.06 Conflicting Ordinances or Laws
15.01.07 Omitted Uses Prohibited
15.01.08 Effective Date
15.01.09 Planning Board
15.01.09.01 Organization
15.01.09.02 Authority
15.01.10 Amendment
15.01.11 Availability
SECTION 15.02 ESTABLISHMENT OF ZONES
15.02.01 Classes of Zones
15.02.02 Purposes of Zones
15.02.02.01 General Zones
15.02.02.01.01 Low Density Residential
15.02.02.01.02 Urban Residential
15.02.02.01.03 Suburban Residential
15.02.02.01.04 Residential and Farming
15.02.02.01.05 Commercial
15.02.02.01.06 Business-Commercial
15.02.02.01.07 Industrial
15.02.02.01.08 Resource Protection
15.02.02.02 Overlay Zones
15.02.02.02.01 Open Space Conservation Overlay
15.02.02.02.03 Shoreland Limited Residential Overlay
15.02.02.02.04 Shoreland Limited Commercial Overlay
15.02.02.02.05 Shoreland Limited Industrial Overlay
15.02.02.02.06 Stream Protection Overlay
15.02.03 Locations of Zones
15.02.04 Interpretation of Zone Boundaries
15.02.05 Division of Lots by District Boundaries
SECTION 15.03 LAND USE ACTIVITIES AND STANDARDS
15.03.01 Permitted Uses
15.03.01.01 Generally
15.03.01.02 Accessory Uses and Structures
15.03.01.03 Performance Standards
15.03.02 Lot Development Standards
15.03.02.01 Low Density Residential (R-1)
15.03.02.02 Urban Residential (R-2)
15.03.02.03 Suburban Residential (R-3)
15.03.02.04 Residential and Farming (R-4)
15.03.02.05 Commercial (C-1)
15.03.02.06 Business-Commercial (C-2)
15.03.02.07 Industrial (I-1)
15.03.02.08 Resource Protection (RP)
15.03.02.09 Shoreland Overlay Zones
SECTION 15.04 NONCONFORMITY
15.04.01 Defined
15.04.02 General Policies
15.04.03 Nonconforming Uses of Land or Structures
15.04.04 Nonconforming Structures
15.04.05 Nonconforming Lots
SECTION 15.05 SITE PLAN REVIEW
15.05.01 Purpose
15.05.02 Site Plan Review Required
15.05.03 Site Plan Review Not Required
15.05.04 Compliance With State Law
15.05.05 Preapplication Sketch Plan (Subdivisions Only)
15.05.05.01 Contents
15.05.05.02 Fee
15.05.05.03 Time
15.05.05.04 Form
15.05.05.05 Notice of Review of Sketch Plan
15.05.05.06 Review of Sketch Plan
15.05.05.07 Rights Not Vested
15.05.06 Review Procedure
15.05.06.01 Preapplication Meeting
15.05.06.02 Submissions Generally
15.05.06.03 Receipt and Notice
15.05.06.04 Completeness Review
15.05.06.05 Waiver of Submission Requirements
15.05.06.06 Site Inspection
15.05.06.07 Hearing Procedure
15.05.06.07.01 Published Notice
15.05.06.07.02 Mailed Notice
15.05.06.07.03 Content of Notice
15.05.06.07.04 Additional Evidence
15.05.06.07.05 Rules
15.05.06.07.06 Presence of Applicant
15.05.06.07.07 Representation
15.05.06.07.08 Burden of Proof
15.05.06.07.09 Continuation
15.05.06.07.10 Staff Support
15.05.06.08 Deliberation and Decision
15.05.06.09 Variance of Standards
15.05.06.10 Other Permits
15.05.06.11 Recording
15.05.06.12 Failure to Act
15.05.06.13 Signing and Recording of Subdivision Plan
15.05.06.14 Revision of Approved Plan
15.05.06.14.01 Revision Without Approval Prohibited
15.05.06.14.02 Procedure
15.05.06.14.03 Application
15.05.06.14.04 Scope of Review
15.05.07 Fees
15.05.07.01 General
15.05.07.02 Administrative and Notice Fees
15.05.07.03 Late Fees
15.05.07.04 Technical Assistance Fees
15.05.08 Application
15.05.08.01 Form
15.05.08.02 Fees
15.05.08.03 Owners and Applicants
15.05.08.04 Title
15.05.08.05 Neighbors
15.05.08.06 Farmland
15.05.08.07 Location Map
15.05.08.08 Dimensions, District, High Water Line, Flood Elevation
15.05.08.09 Flooding
15.05.08.10 Structures, Easements, Driveways
15.05.08.11 Streets, Sidewalks and Access
15.05.08.12 Setbacks
15.05.08.13 Soils
15.05.08.14 Topography
15.05.08.15 Stormwater, Sanitary Waste, Potable Water
15.05.08.16 Utilities
15.05.08.17 Reserved Areas
15.05.08.18 Natural Features
15.05.08.19 Historic Features
15.05.08.20 Access to Water
15.05.08.21 Parking and Loading
15.05.08.22 Landscaping
15.05.08.23 Lighting
15.05.08.24 Signs
15.05.08.25 Interior Use
15.05.08.26 Subsurface Wastewater
15.05.08.27 Hydrogeologic Assessment
15.05.08.28 Groundwater
15.05.08.29 Traffic Impact
15.05.08.30 Building Plans
15.05.08.31 Erosion and Sedimentation
15.05.08.32 Declaration
15.05.08.33 Impact on Municipal Services and Facilities
15.05.08.34 Public Water Supply
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