Town of Monson Land Use Ordinance Table of Contents TABLE OF CONTENTS SECTION I: GENERAL PROVISIONS A.TITLE1.1 B.AUTHORITY1.1 C.PURPOSES1.1 D.APPLICABILITY1.1 E.CONFLICT WITH OTHER ORDINANCES1.2 F.SEVERABILITY1.2 G.AMENDMENTS TO ORDINANCE AND OFFICIAL ZONING MAP1.2 H.ANNUAL ADMINISTRATIVE REVIEW1.2 I.EFFECTIVE DATE1.2 SECTION II: NON-CONFORMITY A. BURDEN OF PROOF 2.1 B. CONVERSION TO CONFORMANCE ENCOURAGED 2.1 C. CONTINUANCE 2.1 D. NON-CONFORMING LOTS OF RECORD 2.3 E. TRANSFER OF OWNERSHIP 2.3 SECTION III: ESTABLISHMENT OF DISTRICTS A. DISTRICTS ESTABLISHED 3.1 B. STANDARDS ESTABLISHING DISTRICTS/DISTRICT DESCRIPTIONS 3.1 1. Village District (V) 3.1 2. Mixed Residential District (MR) 3.1 3. Industrial District (I) 3.1 4. Industrial Floating District (IFD) 3.2 5. Rural Residential District (RR) 3.2 C. OFFICIAL ZONING MAP 3.2 D. INTERPRETATION OF DISTRICT BOUNDARIES 3.2 E. DIVISION OF LOTS BY DISTRICT BOUNDARIES 3.3 F. AMENDMENTS TO DISTRICT BOUNDARIES 3.3 SECTION IV: SCHEDULE OF USES A. ACTIVITIES DESCRIBED4.1 B. SYMBOLS USED IN SCHEDULE OF USES4.1 C. USES SIMILAR TO PERMITTED USES4.2 D. USES SIMILAR TO PROHIBITED USES4.2 E. COMPLIANCE WITH PERFORMANCE STANDARDS REQUIRED4.2 F. SCHEDULE OF USES4.3 1. Non-commercial Recreational Activities4.3 Town of Monson Land Use Ordinance Table of Contents SECTION IV: SCHEDULE OF USES (Cont.) 2. Resource Management Activities4.4 3. Resource Extraction Activities4.5 4. Residential Activities4.6 5. Institutional Activities4.7 6. Commercial Activities4.8 7. Industrial Activities4.10 8. Transportation and Utilities4.11 SECTION V: LAND USE STANDARDS A. GENERAL STANDARDS5.1 1. ACCESSORY USES5.1 2. ACCESS REQUIREMENTS5.1 3. AGRICULTURAL MANAGEMENT ACTIVITIES5.1 4. AIR POLLUTION5.1 5. BUFFERS5.2 6. CONFORMANCE WITH COMPREHENSIVE PLAN5.2 7. CONTRUCTION IN FLOOD HAZARD AREAS5.2 8. CONVERSIONS5.2 9. DENSITY BONUS PROVISIONS5.3 10. DUST,FUMES,VAPORS,GASES, ODORS, GLARE AND EXPLOSIVE MATERIALS5.3 11. EROSION AND SEDIMENTATION CONTROLS5.3 12. HOME OCCUPATIONS5.4 13. INDUSTRIAL PERFORMANCE STANDARDS5.6 14. JUNKYARDS5.6 15. LANDSCAPING5.7 16. LIGHTING DESIGN STANDARDS5.7 17. LOT SIZE, SETBACK AND COVERAGE REQUIREMENTS5.7 18. MANUFACTURED HOUSING5.8 19. MINERAL EXPLORATION AND EXTRACTION5.10 20. MOBILE HOME PARK STANDARDS5.10 21. OFF-STREET PARKING5.11 22. OFF-STREET LOADING5.12 23. OIL AND CHEMICAL STORAGE5.12 24. PESTICIDE APPLICATION5.13 25. PREHISTORIC AND ARCHAEOLOGICAL RESOURCES5.13 26. REFUSE DISPOSAL5.13 27. SEWAGE DISPOSAL5.13 28. SIGNS5.14 29. SITE CONDITIONS5.15 30. SOILS5.16 31. TEMPORARY STORAGE5.16 32. TOPSOIL AND VEGETATION REMOVAL5.17 33. TRANSIENT ACCOMMODATIONS "Bed and Breakfast"5.17 34. TRANSIENT ACCOMMODATIONS "Rental Cabins & Cottages" 5.18 35. TRANSIENT ACCOMMODATIONS "Inns & Hostels"5.18 Town of Monson Land Use Ordinance Table of Contents SECTION V: LAND USE STANDARDS (Cont.) B. DIMENSIONAL REQUIREMENTS 5.18 SECTION VI: ADMINISTRATION AND ENFORCEMENT A. CREATION OF ADMINISTRATIVE BODIES AND AGENTS 6.1 B. APPROVAL REQUIRED 6.1 C. APPLICATION REQUIRED 6.1 D. CODE ENFORCEMENT OFFICER PERMIT 6.1 E. PLANNING BOARD PERMIT REVIEW 6.4 F. OTHER PERMITS REQUIRED BEFORE APPROVAL 6.6 G. POSITIVE FINDINGS REQUIRED 6.6 H. VIOLATIONS 6.6 I. COMMENCEMENT AND COMPLETION OF WORK 6.7 J. CERTIFICATE OF OCCUPANCY REQUIRED 6.7 K. ENFORCEMENT 6.7 L. APPEALS 6.8 M. SCHEDULE 6.9 SECTION VII: DEFINITIONS A. CONSTRUCTION OF LANGUAGE 7.1 B. DEFINITIONS 7.1 !* Town of Monson Land Use Ordinance Section I General I GENERAL A. TITLE The Ordinance shall be known and cited as the Land Use Ordinance of the Town of Monson, Maine, and will be referred to as "this Ordinance." B. AUTHORITY This Ordinance is adopted pursuant to the enabling provisions of Article VIII, Part 2, Section 1 of the Maine Constitution, and the provisions of Title 30-A, Sections 4351 and 4352 of the Maine Revised Statutes Annotated. C. PURPOSE The purposes of this Ordinance are: 1. To implement the provisions of the Town's Comprehensive Plan; 2. To encourage growth in the identified growth areas of the community and to limit growth in the rural areas; 3. To promote the health, safety, and general welfare of the residents of the community; 4. To encourage the most appropriate use of land throughout the community; 5. To promote traffic safety; 6. To provide safety from fire and other elements; 7. To provide an allotment of land area in new developments sufficient for adequate enjoyment of community life; and 8. To conserve natural resources. !ï D. APPLICABILITY The provisions of the Ordinance shall govern all land and all structures within the boundaries of the Town of Monson, exclusive of the land and water area subject to the Town's Shoreland Zoning Ordinance. 1.1 Town of Monson Land Use Ordinance Section I General E. CONFLICT WITH OTHER ORDINANCES Whenever a provision of this Ordinance conflicts with or is inconsistent with another provision of this Ordinance or of any other ordinance, regulation or statute, the more restrictive provision shall control. F. VALIDITY Should any section or provision of this Ordinance be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of the Ordinance. G. EFFECTIVE DATE The effective date of this Ordinance shall be the date or the adoption by the legislative body on __________. H. ANNUAL ADMINISTRATION REVIEW The Code Enforcement Officer, Planning Board and Board of Appeals each shall report annually to the Town Manager and Board of Selectmen on their respective experience with the administration of this Ordinance during the previous year. Their reports to the Manager and Board of Selectmen shall include any recommended amendments they may have that would: 1. Enhance their ability to more effectively meet their respective administrative responsibilities under this Ordinance; and 2. Enhance the implementation of the purposes of this Ordinance contained in subsection C, paragraphs 1-8, above. I. AMENDMENTS This Ordinance may be amended by majority vote of the Legislative body. i* 1.2 Town of Monson Land Use Ordinance Section II Non-Conformance II NON-CONFORMANCE A. BURDEN OF PROOF The burden of establishing that any non-conforming structure, use or lot is a lawfully existing non-conforming structure, use or lot, as defined in this Ordinance, shall in all instances be upon the owner of such non-conforming structure, use or lot and not upon the Town of Monson B. CONVERSION TO CONFORMANCE ENCOURAGED Owners of all existing non-conforming structures, uses or lots shall be encouraged to convert such existing non-conforming structures, uses or lots to conformance wherever possible and shall be required to convert to conforming status as required by this Ordinance. C. CONTINUANCE The use of any building, structure, or parcels of land, which is made non- conforming by reason of the enactment of this Ordinance, or which shall be made non-conforming by reason of a subsequent amendment, may be continued, subject to the following provisions: 1. EXISTING NON-CONFORMING USES OF LAND. Continuance of non- conforming uses of land shall be subject to the following provisions: a. An existing non-conforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than that occupied at the effective date of this Ordinance, or any amendment thereto; b. If any non-conforming use of land ceases for any reason for a period of more than twelve (12) consecutive months, any subsequent use of land shall conform to the regulations specified by this Ordinance for the district in which such land in located; and c. A non-conforming use may be moved within the boundaries of the lot provided the Planning Board finds that the change on the lot is appropriate in regards to: 1) Location and character; 2) Fencing and screening; 3) Landscaping, topography, and natural features; 4) Traffic and access; 5) Signs and lighting; and 6) Potential nuisance. 2.1 Town of Monson Land Use Ordinance Section II Non-Conformance C. CONTINUANCE fConO 2. EXISTING NON-CONFORMING STRUCTURES. Continuance of non- conforming structures shall be subject to the following provisions: a. No such structure shall be enlarged or altered in any way that increases its non-conformity. b. Should any structure, exclusive of the foundation, be destroyed or damaged by any means, exclusive of the planned demolition, said structure may be rebuilt on the existing foundation to the dimensions of the structure which was destroyed provided rebuilding is begun within one year; and c. A non-conforming structure may be moved within a lot in a manner which would decrease its non-conformity in terms of setback requirements, provided that the Planning Board finds that the change in location is appropriate in regards to: 1) Location and character; 2) Fencing and screening; 3) Landscaping, topography, and natural features; 4) Traffic and access; 5) Signs and lighting; and 6) Potential nuisance. 3. EXISTING NON-CONFORMING USE OF STRUCTURES: Continuance of non-conforming structures shall be subject to the following provisions: a. No structure devoted to a non-conforming use shall be enlarged or extended; b. Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of the adoption or amendment of this Ordinance, but no such uses shall be extended to occupy any land outside such building; c. Any non-conforming use of a structure or premises may be changed to another non-conforming use provided that the Planning Board shall find that the proposed use is more consistent with the District's purpose than the existing non-conforming use, at no time shall a use be permitted which is less conforming nor revert back to the previous non-conforming use; d. If a non-conforming use of a structure or premises is superseded by a permitted use, the non-conforming use shall not thereafter be resumed; 2.2 Town of Monson Land Use Ordinance Section II Non-Conformance C. CONTINUANCE (Cont.) e. If any such non-conforming use of a structure ceases for any reason for a period of more than twelve (12) consecutive months, any subsequent use of such structure shall comply with standards specified by this Ordinance for the district in which such structure is located; and f. A structure, housing an existing non-conforming use, may be moved within the lot in a manner which would be a more appropriate location, provided that the Planning Board finds that the change in location is appropriate in regards to: 1) Location and character; 2) Fencing and screening; 3) Landscaping, topography, and natural features; 4) Traffic and access; 5) Signs and lighting; and 6) Potential nuisances. 4. CONSTRUCTION BEGUN PRIOR TO ORDINANCE: This ordinance shall not require any change in the plans, construction, size or designated use for any building, structure, or part thereof for which a completed application for a local permit has been made, provided that the application has been subject to substantive review or a permit that has been issued and upon which construction has been lawfully commenced prior to the adoption or amendment of the Ordinance. Such construction shall start within sixty (60) days after the issuance of the permit. D. NON-CONFORMING LOTS OF RECORD A single parcel of land, the legal description of which or the dimension of which are recorded on a document or map recorded in the Registry of Deeds which at the effective date of adoption or subsequent amendment of this Ordinance, does not meet the lot area or width requirements or both, of the district in which it is located, may be built upon as an existing non-conforming lot of record even though such lot may be contiguous with any other lot in the same ownership, provided that all other provisions of this Ordinance are met. E. TRANSFER OF OWNERSHIP Ownership of land and structures that remain lawful but become non-conforming by the adoption or amendment of this Ordinance may be transferred and the new owner may continue the non-conforming uses subject to the provisions of this Ordinance. 2.3 Town of Monson Land Use Ordinance Section III Establishment of Districts III ESTABLISHMENT OF DISTRICTS A. DISTRICTS ESTABLISHED For the purposes of this Ordinance, the Town of Monson is hereby divided into the following districts. 1. Village (V) 2. Mixed Residential District (MRD) 3. Industrial (I) 4. Industrial Floating (IFD) 5. Rural Residential (RR) B. STANDARDS ESTABLISHING DISTRICTS AND DISTRICT DESCRIPTION 1. Village District (V) a. Purpose: The purpose of the Village District is to maintain and improve the vitality of the village area by preserving its character and encouraging future commercial development. b. Areas Included: The location of the Village District is illustrated on the Official Zoning Map of the Town of Monson. 2. Mixed Residential District (MRD) a. Purpose: The purpose of the Mixed Residential District is to provide a growth area for the additional housing units anticipated in the next ten year period and also provide for an expansion of commercial uses. b. Areas Included: The location of the Mixed Residential District is illustrated on the Official Zoning Map of the Town of Monson. iª 3. Industrial District (I) a. Purpose: The purpose of the Industrial District is to recognize existing industrial activities, as well as reserve land for expansion of existing activities and location of new industries and heavy commercial activities. b. Areas Included: The location of the Industrial District is illustrated on the Official Zoning Map of the Town of Monson. 3.1 Town of Monson Land Use Ordinance Section III Establishment of Districts B. STANDARDS ESTABLISHING DISTRICTS AND DISTRICT DESCRIPTION (Cont.) 4. Industrial Floating District (IFD) a. Purpose: The purpose of the Industrial Floating District is to provide space for industrial/heavy commercial activities by providing land which is favorable to the development of industry and is located to limit undesirable conflict with residential and commercial development. b. Areas Included: The location of the Industrial Floating District is illustrated on the Official Zoning Map of the Town of Monson. 5. Rural Residential District (RR) a. Purpose: The purpose of the Rural Residential District is to allow for conservation of natural resources and open space land, and to encourage agricultural, forestry, resources extraction and recreational activities. b. Areas Included: The location of the Rural Residential District is illustrated on the Official Zoning Map of the Town of Monson. C. OFFICIAL ZONING MAP Districts established by this Ordinance are bounded and defined as shown on the official "Land Use Zoning Map of Monson, Maine." The following rules of interpretation shall apply: The official copy of the map shall be that map which bears the certification that it is true and correct, signed by the Chairman of the Planning Board and attested by the Town Clerk, and on file in the office of the Town Clerk. D. INTERPRETATION OF DISTRICT BOUNDARIES Where uncertainty exists as to boundary lines of Districts as shown on the "Land Use Zoning Map of Monson," the following rules of interpretation shall apply: 1. Boundaries indicated as approximately following the center lines of streets, highways, public utilities or right of ways shall be construed as following such center lines; 2. Boundaries indicated as being approximately following shore line of any lake or pond shall be construed as following the normal high water mark; 3. Boundaries indicated as being the extension of center lines of streets shall be construed to be the extension of such center lines; 3.2 Town of Monson Land Use Ordinance Section III Establishment of Districts D. INTERPRETATION OF DISTRICT BOUNDARIES rCont.;) 4. Boundaries indicated as approximately following the center lines of streams, rivers or other continuous flowing water courses shall be construed as following the channel center line of such watercourses; 5. Boundaries indicated as being parallel to or extension of features listed above shall be so construed. Distances not specifically indicated on the official map shall be determined by the scale of the map; 6. Where physical or cultural features existing on the ground are at variance with those shown on the official map, or in other circumstances where uncertainty exists with respect to the location of a boundary, the Planning Board shall interpret the district boundaries. E. DIVISION OF LOTS BY DISTRICT BOUNDARIES In the event that a District boundary line divides a lot or parcel of land of the same ownership of record, at the time such line is established by adoption or subsequent amendment of this Ordinance, the Planning Board, after written findings of fact, finds that such extensions will not create unreasonable adverse impacts on the existing uses of the adjacent properties, may: 1. When that portion of the lot which is located in the more restrictive District is greater than ten (10) acres, extend the regulations applicable to the less restrictive portion into no more than twenty (20) percent of the more restrictive portion. 2. When that portion of the lot which is located in the more restrictive District is less than ten (10) acres, extend the regulations applicable to the less restrictive portion into no more than fifty (50) percent of the more restrictive portion. 3. When that portion of the lot which is located in the more restrictive District is equal to that which is located in the less restrictive District, extend the regulations applicable to the less restrictive portion to all of the more restrictive portion. 4. Except that, no such extensions shall be granted by the Planning Board into any Protection Districts. F. AMENDMENTS TO DISTRICT BOUNDARIES The Board of Selectmen, of its own initiative, and the Planning Board or any property owner may petition for a change in the boundary of any District. No change in a District boundary shall be approved without a duly authorized majority vote at a Special or Annual Town Meeting. A warrant article shall not be presented for consideration without written finding of fact upon substantial evidence that: 3.3 Town of Monson Land Use Ordinance Section III Establishment of Districts F. AMENDMENTS TO DISTRICT BOUNDARIES (Cont .-> 1. The change would be consistent with: a) the standards of the District boundaries in effect at the time; b) the Comprehensive Plan; and c) the purpose, intent, and provisions of this Ordinance; and 2. The change in District boundaries will satisfy a demonstrated need in the community and will have no undue adverse impact on existing uses or resources, or that a new District designation is more appropriate for the protection and management of existing uses and resources within the affected area. The Board of Selectman will not act upon petition for a change in District boundaries unless notice is first given to all owners of land abutting or located within 1000 feet of the parcel for which a change in boundaries is sought. The Board of Selectman may require, as part of any petition for a change in District boundaries, that the petitioner submit the names and addresses of all such surrounding landowners, as well as notify all registered voters. ,ª 3.4 Town of Monson Land Use Ordinance Section IV Schedule of Uses IV. SCHEDULE OF USES A. ACTIVITIES DESCRIBED A matrix listing the uses permitted in the various Districts, under this Ordinance begins on page 4.3. The various land uses contained in the matrix are organized according to the following eight (8) activity classifications: 1. Non-Commercial Recreational Activities 2. Resource Management Activities 3. Resource Extraction Activities 4. Residential Activities 5. Institutional Activities 6. Commercial Activities 7. Industrial Activities 8. Transportation Activities B. SYMBOLS USED IN SCHEDULE OF USES The following symbols contained in the Schedule of Uses have the following meanings: 1. DISTRICT SYMBOLS SYMBOL DESCRIPTION V Village District MRD Mixed Residential District I Industrial District IFD Industrial Floating District RR Rural Residential District 2. PERMIT SYMBOLS SYMBOL DESCRIPTION Y Uses Allowed Without a Permit N Uses Prohibited Within District C Use Requires a Code Enforcement Pernait P Use Requires a Planning Board Permit 4.1 Town of Monson Land Use Ordinance Section IV Schedule of Uses C. USES SUBSTANTIALLY SIMILAR TO PERMITTED USES MAY BE PERMITTED 1. USES ALLOWED WITHOUT A PERMIT: Uses substantially similar to those allowed without a permit, but that are not listed in the Schedule of Uses, may be permitted upon a ruling by the Code Enforcement Officer that such use is substantially similar to uses listed in the schedule. 2. USES REQUIRING A CODE ENFORCEMENT OFFICER PERMIT: Uses substantially similar to those requiring a Code Enforcement Officer Permit, but which are not listed in the Schedule of Uses, may be permitted by the Code Enforcement Officer. 3. USES REQUIRING A PLANNING BOARD PERMIT: Uses substantially similar to those requiring a Planning Board Permit, but which are not listed in the Schedule of Uses, may be permitted by the Planning Board. D. USES SUBSTANTIALLY SIMILAR TO PROHIBITED USES ARE PROHIBITED Uses substantially similar to any uses listed as a Prohibited Use in the Schedule of Uses, shall be prohibited. E. COMPLIANCE WITH PERFORMANCE STANDARDS REQUIRED All uses permitted must occur and be maintained in compliance with the applicable requirements and performance standards contained in Section V. 4.2 Town of Monson Land Use Ordinance Section IV Schedule of Uses F. SCHEDULE OF USES Activities/DistrictsVMRD IIFDRR 1. NON-COMMERCIAL RECREATIONAL ACTIVITIES a. Primitive recreational uses, Y Y Y Y Y including fishing, hunting, hiking, snowshoeing, cross, country skiing, photography, and wildlife study; b. Public parks and recreation Y Y Y Y Y areas; c. Trails, provided they are Y Y Y Y Y constructed and maintained so as to avoid sedimentation of water bodies; d. Motorized vehicular traffic on Y Y Y Y Y roads and trails, and snowmobiling; e. Accessory uses and structures C C C C C that are essential for the exercise of use listed above. 4.3 Town of Monson Land Use Ordinance Section IV Schedule of Uses G. SCHEDULE OF USES (Cont.) Activities/DistrictsVMRD IIFDRR 2. RESOURCE MANAGEMENT ACTIVITIES a. Wildlife/fishery mgmt practices; Y Y Y Y Y b. Emergency operations conducted Y Y Y Y Y for the public health, safety, or general welfare, such as resource protection, law enforcement, and search and rescue operations; c. Surveying and other resource Y Y Y Y Y analysis; d. Forest management activities not C C C C C including timber harvesting, pesticide and fertilizer application; e. Agricultural management activities, Y Y Y Y Y not including pesticide and fertilizer application; f. Mineral exploration to discover or Y Y Y Y Y verify the existence of mineral deposits, including the removal of specimens or trace quantities, provided such exploration is accomplished by methods of hand sampling, including panning, hand test boring, diggings, and other non-mechanized methods which create minimal disturbance and take reasonable measures to restore the disturbed area to its original condition; g. Non-commercial uses for Y Y Y Y Y scientific, educational, or nature observation purposes, which are not of a size or nature which would adversely affect the resources protected by the district in which it is located; h. Accessory uses and structures that C C C C C are essential for the exercise of uses listed above. 4.4 Town of Monson Land Use Ordinance Section IV Schedule of Uses F. SCHEDULE OF USES (Cont.) Activities/DistrictsVMRD IIFDRR 3. RESOURCE EXTRACTION ACTIVITIES a. Commercial timber harvesting; N P P P P b. Production of commercial N P P P P agricultural products; c. Mineral extraction for road N P P P P purposes only, affecting an area of less than 2 acres in size; d. Mineral extraction operations for N P P P P any purpose affecting an area 2 acres or greater in size; e. Filling, grading, draining, dredging N P P P P or alteration of water table or water level, not including individual wells; f. Accessory use and structures that N P P P P are essential for the exercise of uses listed above. 4.5 Town of Monson Land Use Ordinance Section IV Schedule of Uses F. SCHEDULE OF USES (Cent .-> Activities/DistrictsVMRD IIFDRR 4. RESIDENTIAL ACTIVITIES a. Single-Family Detached Dwelling; C C N N C b. Single-Family Mobile Home; C C N N C c. Multi-Family Dwelling: Duplex; C C N N C d. Multi-Family Dwelling: 3 or more P P N N N families, including apartments; e. Mobile Home Park; N P N N N f. Nursing Home/Boarding Care; P P N N N g. Home Occupations; C C N N C h. Accessory uses or structures that C C N N C are essential for the exercises of uses listed above. 4.6 Town of Monson Land Use Ordinance Section IV Schedule of Uses F. SCHEDULE OF USES fCont .-> Activities/DistrictsVMRD IIFDRR 5. INSTITUTIONAL ACTIVITIES a. Hospital and Medical Clinic; P P N N N b. Government Facilities and Services; P P N N N c. Public Schools; P P N N P d. Private Schools (under 15 students); P P N N P e. Day Care Centers; N N N N P f. Day Care Homes; P P N N P g. Churches; P P N N P h. Cemeteries; P P N N P i. Fraternal Orders and Service Clubs; P P N N P j. Post Secondary Education Facilities; P P N N P k. Fish &Game/Recreation based P P N N P facilities; 1. Accessory uses and structures that C C N N C are essential for the exercise of uses listed above. 4.7 Town of Monson Land Use Ordinance Section IV Schedule of Uses F. SCHEDULE OF USES rCnnt -. Activities/DistrictsVMRD IIFDRR 6. COMMERCIAL ACTIVITIES a. Automobile Supplies; C N N N N b. Automobile Body Repair; C N N N N c. Automobile Repair/Service; C C N N N d. Automobile Sales; C N N N N e. Banks/Credit Unions; C N N N N f. Beauty Shops; C C N N N g. Clothing Store; C N N N N h. Greenhouse; C C N N C i. Florist Shop/Craft Shop; C C N N N j. Fuel Oil Sales; C N N N N k. Funeral Home; C C N N C 1. Grocery Store; C C N N C m. Hardware Store; C N N N C n. Professional Offices; C C N N C o. Professional Office Complex; P N N N C p. Pharmacy; C N N N C q. Restaurant; C C N N C r. Recreation Vehicles C N N N C Sales and Service; s. Sporting Goods; C N N N C t. Take Out Restaurant; C C N N C (No interior seating) u. Veterinary Clinic/Hospital C C N N C v. Boarding Kennels/Stable N N N N C Animal Breeding or Care; w. Bed and Breakfast; C C N N N 4.8 Town of Monson Land Use Ordinance Section IV Schedule of Uses F. SCHEDULE OF USES (Cent.-) Activities/DistrictsVMRD ITFDRR 6. COMMERCIAL ACTIVITIES (Cont.) x. Motel, Hotel and Inns, P P N N N Maximum 10 rooms; y. Motel, Hotel and Inns, P P N N N More than 10 rooms; z. Inns/Hostels; P P N N N aa. Campgrounds; N N N N P bb. Retail Establishments of more than P N N N N 5,000 square feet; cc. Retail Establishments of less than C N N N N or equal to 5,000 square feet, not listed above; dd. Accessory uses and structures that C C N N C are essential for the exercise of uses listed above. 4.9 Town of Monson Land Use Ordinance Section IV Schedule of Uses F. SCHEDULE OF USES fCont .:> Activities/DistrictsVMRD IIFDRR 7. INDUSTRIAL ACTIVITIES a. Lumber Yard/Sawmill N N P P N and Pulp Mill; b. Transportation Facility N N P P N and Terminal Yard; c. Bulk Oil and Fuel Tank Storage N N P P N in excess of 50 gallons except for on-site heating and cooking purposes; d. Automobile Junk/salvage yard; N N P P N e. Wholesale Business Facility; N N P P N f. Light Manufacturing Assembly N N P P N Plant; g. Disposal of Solid Waste; N N P P N h. Disposal of Hazardous/Leachable N N P P N Materials; i. Concrete Plant; N N P P N j. Sewage Treatment Facility; N N P P N k. Accessory uses and structures N N P P N that are essential for the exercise of uses listed above. 4.10 Town of Monson Land Use Ordinance Section IV Schedule of Uses F. SCHEDULE OF USES rCnnn Activities/DistrictsVMRD IIFDRR 8. TRANSPORTATION AND UTILITIES a. Land management roads and water P P P P P crossings of minor flowing waters; b. Land management roads and water P P P P P crossings of standing waters and of major flowing waters; c. Road construction projects, other P P P P P than land management roads; d. Road construction projects, other P P P P P than land management roads, which are part of projects requiring Planning Board review; e. Minor utility facilities, including Y Y Y Y Y service drops; f. Major utility facilities, such as P P P P P transmission lines, water supply and sewage treatment facilities, but not including service drops; g. Airport terminal building and N N N N P airport uses; h. Accessory uses and structures that P P P P P are essential for the exercise of uses listed above. 4.11 Town of Monson Land Use Ordinance Section V Land Use Standards V. LAND USE STANDARDS SECTION USERS GUIDE: This section contains general performance standards with which all development proposals submitted for approval pursuant to this Ordinance must comply. The purpose of the regulations contained in this section is to allow maximum utilization of land while insuring against adverse impacts on the environment, neighboring properties, and the public interest. This assurance is provided by separating the areas of the Town of Monson into districts and permitting specific land uses within each, provided that a use meets all the additional criteria specified in this Ordinance. This regulatory approach has been termed "performance zoning" because it permits a use to be developed on a particular parcel only if the use on that parcel meets "performance" standards which have been enacted to insure against the use causing (or having the potential to cause) adverse impacts. The following Land Use Standards shall govern all Land Use Permits issued by the Code Enforcement Officer and the Planning Board. In reviewing applications submitted pursuant to this Ordinance, the Code Enforcement Officer or the Planning Board shall consider the following performance standards and make written findings that each applicable standard has been met prior to issuing final approval. In all instances, the burden of proof shall be upon the applicant. A. GENERAL STANDARDS 1. ACCESSORY USES: An accessory use shall not include any use injurious or offensive to the neighborhood as initially determined by the Code Enforcement Officer and/or Planning Board. 2. ACCESS REQUIREMENTS: All road entrances, curb cuts, and driveways shall be designed, considering land topography, street design, and existing and expected traffic patterns, so as to promote to the greatest extent possible, safe pedestrian and vehicular traffic and to protect public safety. Driveways and roads in multi-family housing projects shall be designed and laid out to provide for adequate traffic circulation and for access for emergency service vehicles to every housing unit on the premises. 3. AGRICULTURAL MANAGEMENT ACTIVITIES: Agricultural practices shall be conducted in such a manner as to prevent soil erosion, sedimentation, and contamination or nutrient enrichment of surface waters. 4. AIR POLLUTION: Air pollution control and abatement shall comply with applicable minimum Federal and State requirements. 5.1 Town of Monson Land Use Ordinance Section V Land Use Standards A. GENERAL STANDARDS (Cont.} 5. BUFFERS: Buffer strips may be required along property lines where the reviewing authority (Code Enforcement Officer or Planning Board) determines it desirable and necessary to accomplish the following: a. To shield incompatible uses from one another; b. To block prevailing winds to stop wind borne debris from leaving development site; c. To prevent any proposed lighting from interfering with residential properties or with safe driving; d. To minimize visual impact of all exposed storage areas, sand and gravel extraction operations, timber harvesting operations, utility buildings and structures, automobile salvage and junkyards, parking areas, garbage collection areas, and loading and unloading areas. 6. CONFORMANCE WITH COMPREHENSIVE PLAN: All proposed development shall be in conformity with the Comprehensive Plan and Policy Statements of the Town contained within the Plan and with the provisions of all pertinent local ordinances and regulations, State laws and Federal regulations. 7. CONSTRUCTION IN FLOOD HAZARD AREAS: When any part of a development is located in a Flood Hazard Area as identified by the Federal Emergency Management Agency, and locally adopted Floodplain Management Ordinance, the plan shall indicate that all principal structures on lots in the development shall be constructed with their lowest floor, including the basement, at least one foot above the 100- year flood elevation. 8. CONVERSIONS: Conversions of existing structures into multi-family units, in Districts permitting multi-family dwellings, may be permitted provided that: a. Off-street parking for two (2) vehicles per dwelling unit plus maneuvering space will be provided; b. Approval of conversion plans by the fire, electrical and plumbing inspector(s) is required prior to issuance of a land use permit; c. Each dwelling unit shall be at least three-hundred fifty (350) square feet in area for one (1) bedroom units, plus one-hundred and fifty (150) square feet for each additional bedroom; and d. Each dwelling unit shall have its own toilet and kitchen facilities and no dwelling unit will share these facilities with any other dwelling unit. e. Each unit shall be provided with adequate rubbish disposal facilities. 5.2 Town of Monson Land Use Ordinance Section V Land Use Standards A. GENERAL STANDARDS (Cont.) 9. DENSITY BONUS PROVISIONS: If a project is a planned development or cluster development, the minimum lot area per dwelling unit may be reduced by the amount shown below within all district designations. In no case shall lots served by subsurface sewage disposal systems be less than 20,000 square feet. a. A density bonus often (10) percent, if ten (10) percent to less than twenty- five (25) percent on the site shall be permanently preserved as open space; b. A density bonus of twenty (20) percent, if twenty-five (25) percent to less than forty (40) percent of the site shall be permanently preserved as open space; c. A density bonus of thirty (30) percent, if forty (40) percent or more of the site shall be permanently restricted as open space. 10. DUST, FUMES, VAPORS, GASES, ODORS, GLARE, AND EXPLOSIVE MATERIALS: Emission of odors, dust, dirt, fly ash, fumes, vapors or gases which could damage human health, animals, vegetation, or property must comply with State and Federal standards. 11. EROSION AND SEDIMENTATION CONTROLS: The following measures relating to conservation, erosion, and sediment control shall be included where applicable as part of all projects submitted for review and approval under this Ordinance. a. The procedures outlined in the erosion and sedimentation control plan, prepared and submitted by the applicant, shall be implemented during the site preparation, construction, and clean-up stages; and b. Erosion of soil and sedimentation of watercourses and water bodies shall be minimized by employing the following best management practices: 1) Stripping of vegetation, soil removal and re-grading or other development shall be done in such a way as to minimize erosion; 2) Development shall preserve outstanding natural features, keep cut-fill operations to a minimum and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff; 3) The development shall not unreasonably increase the rate or volume of surface water runoff from the proposed site; 4) Whenever feasible, natural vegetation shall be retained, protected and supplemented; 5.3 Town of Monson Land Use Ordinance Section V Land Use Standards A. GENERAL STANDARDS (Cont.) 11. EROSION AND SEDIMENTATION CONTROLS (Cont.) 5) The disturbed area and the duration of exposure shall be kept to a practical minimum; 6) Disturbed soils shall be stabilized as quickly as practicable; 7) Temporary vegetation or mulching shall be used to protect disturbed areas during development; 8) Permanent (final) vegetation and mechanical erosion control measures in accordance with the provisions of the Department of Environmental Protection's Best Management Practices for Erosion and Sedimentation Control or the Maine Soil and Water Conservation Commission shall be installed as soon as practicable after construction ends; 9) Until the disturbed area is stabilized, sediment in the runoff water shall be trapped by the use of debris basins, silt traps or other acceptable methods; 10) The top of the cut or the bottom of a fill section shall not be closer than ten (10) feet to an adjacent property, unless otherwise specified by the Planning Board; 11) During grading operations, methods of dust control shall be employed wherever practicable; 12) Whenever sedimentation is caused by stripping vegetation, re-grading or other development, it shall be the responsibility of the developer causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his expense as quickly as possible; 13) Maintenance of drainage facilities or watercourses originating and completely on private property is the responsibility of the owner to the point of open discharge at the property line or at a communal watercourse within the property. 12. HOME OCCUPATIONS a. The purpose of the Home Occupation provision is to permit the conduct of those businesses that are compatible with the Districts in which they are allowed. Home occupations are limited to those uses which may be conducted within a residential dwelling without substantially changing the appearance or condition of the residence or accessory structure; 5.4 Town of Monson Land Use Ordinance Section V Land Use Standards A. GENERAL STANDARDS (Cont.) 12. HOME OCCUPATIONS (Cont.) b. Any home occupation or profession which is accessory to and compatible with a residential use may be permitted if: 1) It is carried out in a dwelling unit or in a structure customarily accessory to a dwelling unit; 2) It is conducted only by a member or members of the family residing in the dwelling unit; and/or not more than one employee. 3) It does not materially injure the usefulness of the dwelling unit or accessory structure for normal residential purposes. c. All home occupations shall conform with the following conditions: 1) The home occupation shall be carried on wholly within the dwelling or accessory structure; 2) The home occupation shall be conducted only by a member or members of the family residing in the dwelling unit, and/or not more than one employee; 3) Exterior signs shall not be greater than 2 square feet, no exterior storage of materials, and no other exterior indication of the home occupation or variation from the residential character of the principal building; 4) Objectionable conditions such as noise, vibration, smoke, dust, electrical disturbance, odors, heat, glare, or activity at unreasonable hours, shall not be permitted; 5) The traffic generated by such home occupation shall not increase the volume of traffic so as to create a traffic hazard or disturb the residential character of the immediate neighborhood; 6) In addition to the off-street parking provided to meet the normal requirements of the dwelling, adequate off-street parking shall be provided for the vehicles of the maximum number of users the home occupation may attract during peak operating hours; 7) The home occupation may utilize: a) Not more than twenty (20%) percent of the dwelling unit floor area, provided that for the purposes of this calculation, unfinished basement and attic spaces are not included; b) Basement spaces; 5.5 Town of Monson Land Use Ordinance Section V Land Use Standards A. GENERAL STANDARDS (Cont.) 12. HOME OCCUPATIONS (Cont.) c) One accessory structure. The floor area utilized in the accessory structure shall not exceed fifty (50%) percent of the total floor area of the dwelling unit. d) Unfinished attic spaces to be used for storage only. 8) Home occupations that involve use or storage of hazardous or leachable materials in excess of normal residential use are not permitted. 13. INDUSTRIAL PERFORMANCE STANDARDS: The following provisions shall apply to all permitted industrial uses: a. DANGER: No material which is dangerous due to explosion, extreme fire hazard, chemical hazard or radioactivity shall be used, stored, manufactured, processed or assembled except in accordance with applicable State and Federal codes and regulations. b. VIBRATION: With the exception of vibration necessarily involved in the construction or demolition of buildings, no vibration shall be transmitted outside the lot where it originates. c. WASTES: No offensive wastes shall be discharged or dumped into any river, stream, watercourse, storm drain, pond, lake, or swamp. Industrial waste water may be discharged to municipal sewers only and in such quantities and quality as to be compatible with existing municipal facilities. d. NOISE: Offensive noise shall not be transmitted beyond lot lines so as to cause disturbance to neighboring residential properties. 14. JUNKYARDS: No junkyards as defined in this Ordinance shall be established, operated or maintained without first obtaining a non-transferable land use permit issued in accordance with State licensing and local requirements, and the following provisions: a. Junkyards shall be located a minimum of two hundred (200) feet from the edge of the right-of-ways; and shall be setback one hundred (100) feet from all side and rear lot lines; b. Junkyards shall be located a minimum of three hundred (300) feet from any public park, facility, or grounds; and 5.6 Town of Monson Land Use Ordinance Section V Land Use Standards A. GENERAL STANDARDS (Cont) 14. JUNKYARDS (Cont.) c. Junkyards shall be entirely screened from view by earth berms or fences which shall be well constructed and properly maintained at a minimum height of six (6) feet and sufficient to accomplish the complete screening from ordinary view. In addition, the following provisions apply to the operation of junkyards: d. Upon arrival at the junkyard, all petroleum and other hazardous fluids shall be drained from all vehicles, and appropriate safety precautions, such as the removal of door and trunk locks, shall be removed to avoid injury and accidents. e. Tires shall be removed and disposed of within 60 days at a duly licensed disposal facility. Proof of disposal shall be provided to the Code Enforcement Officer upon request. f. The complete processing of vehicles into salvage materials shall be accomplished within six (6) months. g. All junk and salvage materials shall be stored within the screened/fenced areas and the operation shall be conducted in such a manner as to prevent unsightliness to the adjacent area; h. No open burning of salvage materials or junk shall be permitted on the premises. Waste fluids and unusable materials shall be disposed of in a duly licensed disposal facility. i. The Planning Board and/or Code Enforcement Officer may recommend the application of more stringent restrictions and/or limitations, and stipulate reasonable conditions which shall be attached to the permit covering the operation and use of the junkyard prior to the Selectpersons issuance of the permit. 15. LANDSCAPING: Development proposed within the industrial and commercial districts shall be landscaped to the extent possible as to maintain the aesthetic appearance of the property and preserve as much natural vegetation as possible on the site. 16. LIGHTING DESIGN STANDARDS: All exterior lighting shall be designed to minimize adverse impact on neighboring properties. 17. LOT SIZE, SETBACK, AND COVERAGE REQUIREMENTS: See "B. Dimensional Requirements" in this Section. 5.7 Town of Monson Land Use Ordinance Section V Land Use Standards A. GENERAL STANDARDS (Cont) 18. MANUFACTURED HOUSING: a. Intent: It is the intent of this Ordinance to provide a variety of housing alternatives to all economic levels within the community, while continuing to insure the minimum standards of health, safety and welfare of the community. To this end, this ordinance allows the siting of all types of manufactured housing within designated areas of the Town regardless of their construction date or compliance with all the standards of the Manufactured Home and Construction Safety Standards of the Department of Housing and Urban Development, adopted in 1976. The Town does hereby require however, that all manufactured housing sited within the Town of Monson meet certain minimum safety and design criteria. b. Minimum Safety Standards: All manufactured housing as defined in this ordinance, regardless of date of manufacture, and sited within the Town of Monson after the effective date of this ordinance, shall meet or exceed the following minimum standards before a "Certificate of Occupancy" shall be issued by the Code Enforcement Officer in conformance with Section VI. H. of this Ordinance. c. HUD Approval Sufficient: All manufactured housing, as defined, constructed after July 1, 1976 and bearing the seal of the Department of Housing and Urban Development which certifies the manufactured home was built pursuant to the provisions of the Manufactured Homes Construction and Safety Standards as revised shall be deemed to have fulfilled the requirements of this section. d. Minimum Electrical Safety Standards: All manufactured housing shall meet the following minimum safety requirements for electrical installation and maintenance as provided for by the National Electrical Code as said code pertains to the following: 1) 100 Ampere Entrance required; 2) Copper wiring required; 3) Two means of grounding required; 4) Ground faulting receptacles required; In addition, all electrical installation or modifications to existing manufactured housing shall be inspected by and certified by an electrician licensed by the State of Maine or the Municipal Code Enforcement Officer if duly appointed as electrical inspector. e. Minimum Fire Prevention Standards: All manufactured housing shall meet the following minimum fire safety requirements as provided for by the National Electrical Code and the Manufactured Housing Construction Standards of 1976 established by the Department of Housing and Urban Development (HUD) 5.8 Town of Monson Land Use Ordinance Section V Land Use Standards A. GENERAL STANDARDS (Cont ) 18. MANUFACTURED HOUSING (Cont.) 1) All homes shall contain at least one operable fire extinguisher which is readily accessible at all times; 2) All homes shall have at least one operable AC smoke detector centrally located within the home and one operable smoke detector in each of the bedrooms; 3) The installation and maintenance of all heating systems including vents, chimneys, and encompassing secondary and tertiary as well as primary heating sources, shall meet the standards ofNFPA 211. In addition, no wood stove shall be used for heating purposes in a manufactured home in the Town of Monson without first being inspected and approved by the Monson Fire Department for safe installation; 4) All automatic dryers, whether electric or gas, must meet the venting requirements of the Manufactured Home Construction Standards of 1976 as established by HUD; and 5) All manufactured homes must meet the requirements of the Manufactured Home Construction Standards of HUD, to wit, all manufactured homes shall provide for at least two means of egress from each bedroom, one of which must be directly to the outside of the home and may be accomplished by way of a window of suitable size which can be opened easily without tools, and two doors exiting directly to the outside of the home separated by distances as established by the standards. f) Minimum Plumbing Standards: All manufactured housing shall meet the minimum standards of the Maine Plumbing Code as amended. g) Minimum Design Standards: All manufactured housing will be sited and maintained in such a manner as to blend harmoniously with other residential structures in close proximity, to this end all manufactured housing located within the Town of Monson after the effective date of this ordinance shall: 1) Have and maintain external siding which is residential in appearance for the manufactured home as well as any additions thereto or accessory structures located on the same lot; 2) Be located on a permanent foundation at a minimum of a gravel pad. Pad must be 8" compacted and the manufactured home must be blocked with 2X2 pressure treated at the blocking points unless otherwise specified by a duly adopted building code. 3) Permanent skirting shall be installed within thirty (30) days of siting; 5.9 Town of Monson Land Use Ordinance Section V Land Use Standards A. GENERAL STANDARDS (Cont.) 18. MANUFACTURED HOUSING (Cont.) 4) Provide a safe means of egress and ingress to and from the manufactured home including stairs with handrails when applicable. 19. MINERAL EXPLORATION AND EXTRACTION: The following requirements for mineral exploration and extraction activities, including the removal oftopsoil, shall apply in all Districts: 1) All exploration/extraction activities, including test pits and holes, shall be promptly capped, refilled, or secured by other equally effective measures so as to reasonably restore disturbed areas and to protect the public health and safety; 2) No portion of any ground area disturbed by the extraction activity shall be closer than 25 feet from a public roadway; 3) Within 250 feet of any water body, the extraction areas shall be protected from soil erosion by ditches, sedimentation basins, dikes, dams, or such other control devices which are effective in preventing sediments from being eroded or deposited into such water body; 4) A natural vegetation screen of not less than 50 feet in width shall be retained from any facility intended primarily for public use, excluding privately owned roads; and 5) If any mineral extraction operation located within 75 feet of any property line or public roadway or facility intended primarily for public use, excluding privately owned roads, is to be terminated or suspended for a period of one year or more, the site shall be rehabilitated by grading the soil to a slope of 2 horizontal to 1 vertical, or flatter. 6) Extraction operations (gravel pit, etc.,) shall not be permitted within one hundred (100) feet of any property line without a written agreement of consent between property owners. 20. MOBILE HOME PARK STANDARDS: Notwithstanding other provisions of this Ordinance relating to bulk and use, the Planning Board, in reviewing submitted plans for proposed mobile home parks, may modify said provisions related to space, bulk and use to permit innovative approaches to environmental design in accordance with the following standards: a. There shall be compliance with all State and local codes and ordinances; b. All utilities shall be installed underground wherever possible. All transformer boxes, substations, pumping stations, and meters shall be located and designed so as not to be unsightly or hazardous to the public; 5.10 Town of Monson Land Use Ordinance Section V Land Use Standards A. GENERAL STANDARDS (Cont.) 20. MOBILE HOME PARK STANDARDS (Cont.) c. No mobile home shall be located closer than thirty (30) feet to a street or adjacent mobile home; d. All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot, such access shall have a minimum of a fifty (50) foot right of way and a twenty (20) foot road width. All park streets shall be well drained, maintained in good conditions, and adequately lighted at night; e. Dead end streets shall be limited in length to one thousand (1000) feet and at the closed end shall be provided with a turn around having a minimum radius of sixty (90) feet; f. Off-street parking in all mobile home parks shall be furnished at the rate of at least two (2) car spaces for each mobile home located on the mobile home lot; 21. OFF-STREET PARKING a. Off-street parking, either by means of open air spaces or by garage space, in addition to being a permitted use, shall be considered as an accessory use when required or provided to serve conforming uses located in any District; b. Required off-street parking spaces shall be provided; c. The following minimum off-street parking requirements shall be provided and maintained in case of new construction, alterations and changes of use or as deemed appropriate by the Planning Board. 1) Dwellings - Two (2) parking spaces for each dwelling unit; 2) Transient Accommodations: a) Bed and Breakfast accommodations and motels, hotels, boarding houses, and inns with 10 rooms or less ó Two (2) parking spaces plus one space for each guest room; and b) Motels, hotels, boarding houses, and inns with more than 10 rooms ó One (1) parking space for each guest plus one (1) space for each three (3) employees; 3) Schools ó Five (5) parking spaces for each classroom plus one (1) space for each four (4) employees; 5.11 Town of Monson Land Use Ordinance Section V Land Use Standards A. GENERAL STANDARDS (ConO 21. OFF-STREET PARKING (Cont.) 4) Hospitals (bed facilities only) - One (1) parking space for every three (3) beds, plus one (1) for each employee based on the expected average employee occupancy; 5) Theaters, churches, and other public assembly places - One (1) parking space for every four (4) seats or for every one hundred (100) square feet or major fraction thereof of assemblage space if no fixed assets; 6) Retail Stores - One (1) parking space for every two hundred (200) square feet of retail area, plus one for every two employees, unless public parking is provided; 7) Restaurants, eating and drinking establishments - One (1) parking space for every four (4) seats, plus one (1) for every two (2) employees, unless public parking is provided; 8) Professional Offices and Public Buildings - One (1) parking space for every two hundred (200) square feet of gross leasable area, exclusive of cellar and bulk storage areas, unless public parking is provided; 9) Other Commercial Recreation Establishments (mini golf courses, etc.) - The number of spaces deemed appropriate by the Planning Board; and 10) Industrial - One (1) parking space for each 1.5 employees, based on the highest expected average employee occupancy, plus visitor and customer parking to meet the needs of specific operations. 22. OFF-STREET LOADING: Adequate off-street loading areas shall be provided for appropriate land uses. Loading areas cannot be included as parking spaces when meeting parking requirements. 23. OIL AND CHEMICAL STORAGE: a. All storage of petroleum or liquid products shall be in conformance with the provisions of Title 38 MRSA, Section 560 et.seq. which, among other things, establishes a ten-year compliance schedule for the discontinuance and removal of non-conforming underground oil storage facilities and requires qualified personnel to oversee the removal of certain underground facilities, as well as compliance with any duly adopted building codes and ordinances of the Town of Monson. 5.12 Town of Monson Land Use Ordinance Section V Land Use Standards A. GENERAL STANDARDS (Cont.) 23. OIL AND CHEMICAL STORAGE (Cont.) b. When applicable, the applicant shall have the burden of proof to assure the Planning Board or Code Enforcement Officer that all provisions of the above statutes have been met before the issuance of any permits may take place. 24. PESTICIDE APPLICATION: Pesticide application in any of the Districts shall not require a permit provided such application is in conformance with applicable State and Federal statutes and regulations. Any pollutant introduced into soil on the site shall not exceed a concentration in the ground water that is greater than the guidelines established for it in the Safe Drinking Water Standard, EPA Health Advisory. Any violation of this standard shall be cause to order the immediate stop of the use or activity responsible for the contamination. The landowner shall be responsible for the cost of all remedial actions. 25. PREHISTORIC AND ARCHAEOLOGICAL RESOURCES Proposals submitted under this ordinance shall not negatively impact prehistoric and archaeological resources nor present any threat to those resources. It shall be the burden of the applicant to satisfy the reviewing authority that such threat does not exist as requested and when applicable. 26. REFUSE DISPOSAL a. The applicant shall provide for the disposal of all solid and liquid wastes on a timely basis and in an environmentally safe manner. b. The impact of particular industrial or chemical wastes or by-products upon the sanitary facilities (in terms of volume, flammability or toxicity) shall be considered and the applicant may be required to dispose of such wastes elsewhere, in conformance with all applicable state and federal regulations. The applicant may be required to specify the amount and exact nature of all industrial or chemical wastes to be generated by the proposed operation. 27. SEWAGE DISPOSAL a. Subsurface Sewage Disposal: No permit shall be issued for a project with subsurface sewage disposal unless: 1) There is an area of suitable soils, according to the Subsurface Waste Water Disposal rules, of sufficient size to accommodate the proposed system; 2) An acceptable plan to construct the absorption area is prepared in accordance with the Subsurface Waste Water Disposal Rules; and 5.13 Town of Monson Land Use Ordinance Section V Land Use Standards A. GENERAL STANDARDS (Cont.;> 27. SEWAGE DISPOSAL (Cont.) 3) In lieu of(l) and (2) above, the applicant demonstrates that any deficiencies of the soil for purposes of sewage disposal can and will be overcome by a suitable engineering solution; No development shall be permitted which utilizes, for on-site subsurface sewage disposal purposes, any soil listed in the Soil Suitability Guide as having a very poor rating for the proposed use, unless the proposed sewage disposal system is approved under the Subsurface Waste Water Disposal Rules. 28. SIGNS a. Conformance of Signs: No sign shall be hereafter erected, altered or maintained, within the limits of the Town of Monson, Maine except in conformance with the provisions of this section. b. Signs Prohibited: No sign, whether new or existing, shall be permitted within the Town of Monson, Maine which causes a traffic sight, health or welfare hazard, or results in a nuisance, due to illumination, placement, display, or obstruction of existing signs. c. Temporary Signs: The following temporary signs are permitted provided said signs conform to all standards of this section and all other municipal, federal and state ordinances, statutes and/or regulations: 1) Temporary Signs Giving Notice: Signs of a temporary nature, such as political posters, advertisements or charitable functions, notices of meetings, other non-commercial signs of a similar nature, are permitted for a period not to exceed thirty (30) days, provided that the persons who posted the signs shall be responsible for their removal. 2) Temporary Yard Sale Signs: Temporary yard sale signs are permitted provided they do not exceed the size standards of Subsection (e) and provided they are removed within 24 hours of the completion of the sale. Yard sales which extend for more than four (4) consecutive days are considered commercial use. d. Sign Requirements: All signs within the limits of the Town of Monson shall meet the following requirements: 1) No sign shall project over a walkway or interfere in any way with the normal flow of foot or vehicular traffic. All freestanding signs shall be set back a minimum of eight (8) feet from property lines in all Districts 5.14 Town of Monson Land Use Ordinance Section V Land Use Standards A. GENERAL STANDARDS (Cont.) 28. SIGNS (Cont.) 2) No sign shall contain, include, or be illuminated by flashing, blinking, intermittent, or moving lights; 3) No sign shall exceed 25 feet in height; 4) Signs may be illuminated only by shielded, non-flashing lights so as to effectively prevent beams of light from being directed at neighboring residential properties or any portion of the main traveled way of a roadway, or is of such low intensity or brilliance as not to cause glare or impair the vision of the driver of any motor vehicle or otherwise interfere with the operation thereof. 5) Roof signs shall not extend more than 10 feet above the roof line; 6) Signs in Industrial District. No more than two free standing signs per use. Signs may be double faced. No larger than 100 square feet in area and no higher than 25 feet in height. e. Off Premise Signs: No off-premise sign shall be erected or maintained in the Town of Monson except in conformity with the Title 23 MRSA, Section 1901-1925, The Maine Traveler Information Services Law. Off premises official business directional signs may be located in the Town of Monson in such a location and in such a manner as allowed under Title 23, Section 1901- 1925 and under the rules and regulations of the Department of Transportation of the State of Maine. f. Exempt Signs: The following signs are exempt from the provisions of this section except as otherwise provided for herein: 1) Traffic control signs, signals, and/or other devices regulating or enhancing public safety, erected by a governmental body. 29. SITE CONDITIONS a. During construction, the site shall be maintained and left each day in a safe and sanitary manner, and any condition which could lead to personal injury or property damage shall be immediately corrected by the developer upon order of the Code Enforcement Officer or other authorized personnel. The developer shall make provision for disposal of oil and grease from equipment and the site area should be regularly treated to control dust from construction activity. 5.15 Town of Monson Land Use Ordinance Section V Land Use Standards A. GENERAL STANDARDS (Cont.) 29. SITE CONDITIONS (Cont.) b. Developed areas shall be cleared of all stumps, litter, rubbish, brush, weeds, dead and dying trees, roots and debris, and excess or scrap building materials shall be removed or destroyed immediately upon the request and to the satisfaction of the Code Enforcement Officer prior to issuing an occupancy permit; and c. No changes shall be made in the elevation or contour of the lot or site by the removal of earth to another lot or site other than as shown on an approved site plan. Minimal changes in elevations or contours necessitated by field conditions may be made only after approval by the Code Enforcement Officer. 30. SOILS: All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal, and commercial or industrial development and similar intensive land uses, shall require a soils report, prepared by a duly licensed individual as appropriate for the project. 31. TEMPORARY STORAGE: Portable or mobile trailers, vans, and similar vehicles or temporary buildings may be used for storage, only upon approval of the Code Enforcement Officer and only for a temporary period not to exceed six (6) months. Such approval may be granted by the Code Enforcement Officer and may be extended for successive periods of six (6) months each, if a finding can be made that the use: a. Does not diminish area requirements of set forth for the District in which it is located; b. There is a valid temporary need which cannot be met with the principal structure and that adequate economic hardship can be shown; c. The initial approval, or any renewal, of the use will not in any way be detrimental to the neighboring properties including aesthetic appearance; d. The use is not intended as a permanent or long term use; e. The use is not intended to circumvent building area limitations for the District in which it is located or prolong the use of facilities which have been outgrown; 5.16 Town of Monson Land Use Ordinance Section V Land Use Standards A. GENERAL STANDARDS (Cont.) 31. TEMPORARY STORAGE (Cont.) f. Will be adequately screened from neighborhood properties and the street; g. Will not be used as or intended for advertising for on or off-premise purposes; and h. Is not intended for retail sales. The above provisions do not prohibit the use of such temporary facilities as construction or job site office or equipment storage facilities during construction provided that no advertising other than the contractors name shall be permitted and that such signs meet the sign requirements of this Ordinance. 32. TOPSOIL AND VEGETATION REMOVAL: a. Topsoil shall be considered part of the development and shall not be removed from the site except for surplus topsoil from roads, parking areas, and building excavations; b. Except for normal thinning, landscaping, cutting of trees to provide access to direct sunlight, existing vegetation shall be left intact to prevent soil erosion. The Planning Board shall require a developer to take measures to correct and prevent soil erosion in the proposed development. 33. TRANSIENT ACCOMMODATIONS: "BED AND BREAKFAST": "Bed and Breakfast" accommodations shall be permitted in the private, year round residence of the host family who live on the premises provided that: a. The maximum number of guests at any time is ten (10) persons; b. The maximum number of guests rooms is three (3); c. Breakfast is the only meal provided by the host family; d. One (1) sign not to exceed four (4) square feet is permitted on the premises; and e. The "Bed and Breakfast" operation shall not have any adverse effect on the neighbors. 5.17 Town of Monson Land Use Ordinance Section V Land Use Standards A. GENERAL STANDARDS (Cont.) 34. TRANSIENT ACCOMMODATIONS: "RENTAL CABINS AND COTTAGES": To insure the health, safety, and welfare of guests and the occupants of neighboring properties, the following requirements shall be met: a. Each cabin or cottage site shall meet the minimum lot size requirements of a single family detached dwelling in the applicable District; b. A minimum of two hundred (200) square feet of off-street parking, plus maneuvering space, shall be provided for each cabin or cottage; c. Each cabin or cottage shall be set back a minimum of fifty (50) feet from the exterior lot lines; d. Each cabin or cottage shall be provided with a safe and adequate means of sewage, garbage and rubbish disposal, water supply and fire protection; e. Adequate storm water drainage shall be provided for each cabin or cottage site; and f. Each cabin or cottage site shall be appropriately landscaped. 35. TRANSIENT ACCOMMODATIONS: "INNS AND HOSTELS" Transient Accommodations of these types are those facilities designed to accommodate overnight or short-term guests and are primarily associated with recreational activities such as hikers from the Appalachian Trail. These accommodations may include such facilities as lodging, lodging with meals, shower facilities, parking and other amenities associated with daily and weekly recreational use. B. DIMENSIONAL REQUIREMENTS All structures and uses shall conform to the following dimensional requirements: Village District (V) Dimensional Village Requirements District Minimum Lot Size 20,000 Sq. Ft. Minimum Lot Size 10,000 Sq. Ft. per Dwelling Unit Minimum Road Frontage 100 Feet Minimum Front Yard Setback 50 Feet (Local) from Center of Road 75 Feet (State) 5.18 Town of Monson Land Use Ordinance Section V Land Use Standards B. DIMENSIONAL REQUIREMENTS (Fnnt ^ Village District (V) Dimensional Village Requirements District Minimum Side Yard Setback 10 Feet Minimum Rear Yard Setback 10 Feet Maximum Building Height 35 Feet All structures and uses shall conform to the following dimensional requirements; Mixed (MR) Residential District Mixed Dimensional Residential Requirements District Minimum Lot Size/Dwelling (Residential) Municipal Sewer 7,500 Sq. Feet Subsurface 40,000 Sq. Feet Minimum Lot Size (Commercial) 30,000 Sq. Feet (Mobile Home Park) Municipal Sewer 6,500 Sq. Feet Central On-Site 12,000 Sq. Feet Subsurface 20,000 Sq. Feet Minimum Road Frontage 7,500 Lot 50 Feet 40,000 Lot 200 Feet 30,000 Lot 150 Feet MH Park As per Mobile Home Park Ordinance Minimum Front Yard Setback from Center of Road 50 Feet (Local) 75 Feet (State) Minimum Side Yard Setback 40,000/30,000 25 Feet 7,500 10 Feet 5.19 Town of Monson Land Use Ordinance Section V Land Use Standards B. DIMENSIONAL REQUIREMENTS (Cont.) Mixed (MR) Residential District Mixed Dimensional Residential Requirements District Minimum Rear Yard Setback 40,000/30,000 25 Feet 7,500 10 Feet Maximum Building Height 35 Feet All structures and uses shall conform to the following dimensional requirements. Industrial District (I) Dimensional Industrial Requirements District Minimum Lot Size 2 Acres Minimum Lot Size 2 Acres per Dwelling Unit Minimum Road Frontage 250 Feet Minimum Front Yard Setback 100 Feet from Center of Road Minimum Side Yard Setback 40 Feet Minimum Rear Yard Setback 50 Feet Maximum Building Height 35 Feet 5.20 Town of Monson Land Use Ordinance Section V Land Use Standards B. DIMENSIONAL REQUIREMENTS (Cont ^ All structures and uses shall conform to the following dimensional requirements: Industrial Floating (IFD) District Industrial Dimensional Floating Requirements District Minimum Lot Size 2 Acres Minimum Lot Size 2 Acres per Dwelling Unit Minimum Road Frontage 250 Feet Minimum Front Yard Setback 100 Feet from Center of Road Minimum Side Yard Setback 40 Feet Minimum Rear Yard Setback 50 Feet Maximum Building Height 35 Feet 5.21 Town of Monson Land Use Ordinance Section V Land Use Standards B. DIMENSIONAL REQUIREMENTS (Cont.) All structures and uses shall conform to the following dimensional requirements: Rural Residential (RR) District Rural Dimensional Residential Requirements District Minimum Lot Size 4 Acres Minimum Lot Size 4 Acres per Dwelling Unit Minimum Road Frontage 400 Feet Minimum Front Yard Setback 100 Feet from Center of Road Minimum Side Yard Setback 50 Feet Minimum Rear Yard Setback 50 Feet Maximum Building Height 35 Feet 5.22 Town of Monson Land Use Ordinance Section VI Administration & Enforcement VI. ADMINISTRATION AND ENFORCEMENT SECTION USERS GUIDE: This section contains provisions for the administration of this Ordinance including specific provisions for certificates of compliance, conditions of approval, and public hearings. A. CREATION OF ADMINISTERING BODIES AND AGENTS 1. CODE ENFORCEMENT OFFICER. The Code Enforcement Officer shall approve or deny those applications on which he/she is employed to act as provided in this Ordinance. Approval shall be granted only if the proposed use is in conformance with the provisions of this Ordinance. 2. PLANNING BOARD. The Planning Board of the Town of Monson is hereby designated as the Planning Board heretofore, established in accordance with Article VIII, Pi. 2, Section 1, of the Maine Constitution and Title 30-A MRSA, Section 3001. The Planning Board shall be elected at the Annual Town Meeting of the Town of Monson. The Planning Board shall approve, approve with conditions, or deny those applications on which it is empowered to act as stated in this Ordinance. Approval shall be granted only if the proposed use is in conformance with the provisions of this Ordinance. 3. BOARD OF APPEALS. The Board of Appeals for the Town of Monson is hereby designated as the Board of Appeals heretofore, established in accordance with Article VIII, Pt. 2, Section 1 of the Maine Constitution and with Title 30-A, MRSA, Section 4353. The Board of Appeals shall be elected at the Annual Town Meeting of the Town of Monson. B. APPROVAL REQUIRED After the effective date of this Ordinance, no person shall engage in any activity requiring a permit under this Ordinance without first obtaining the approval of the Planning Board or Code Enforcement Officer, as provided herein. C. APPLICATION REQUIRED Applications for approval shall be submitted in writing, on forms provided, to the Code Enforcement Officer who shall oversee the permitting process and record keeping. The Code Enforcement Officer may require the submission of additional information deemed necessary to determine conformance with the provisions of this Ordinance. D. CODE ENFORCEMENT OFFICER PERMIT A permit issued by the Code Enforcement Officer shall be required before beginning or undertaking any of the following activities: 6.1 Town of Monson Land Use Ordinance Section VI Administration & Enforcement D. CODE ENFORCEMENT OFFICER PERMIT (Cont.) 1. ACTIVITIES REQUIRING PERMIT a. FLOOD HAZARD AREAS: All construction or earth moving activities or other improvements within the 100-year flood plain designated on the Flood Insurance Rate Maps published by the Federal Emergency Management Agency. b. NEW CONSTRUCTION: New construction of buildings or structures. c. ALTERATION: Alteration of a building, structure, or land, or parts thereof, including, but not limited to: 1) Interior renovations for change in use; 2) Enclosing open frame porch, for the creation of additional sleeping space or any activity which increases the existing amount of water used daily; 3) Erection of fences; and 4) Creation of roads or driveways. d. PLACEMENT OF SIGNS: Placement of signs, except temporary signs. e. MOVING OR DEMOLITION: All buildings or structures which are removed from or moved onto, or moved around within a lot, or demolished. f. CHANGE OR USE: The change of any premises from one category of land use to any other land use. g. SECTION IV: F. SCHEDULE OF USES. Any activity requiring a Land Use Permit in accordance with the Land Use Ordinance Schedule of Uses. 2. PROCEDURE a. APPLICATION: All applications for a Code Enforcement Officer Permit shall be submitted, with appropriate fee, in writing to the Code Enforcement Officer on forms provided. b. SUBMISSIONS: All applications for a Code Enforcement Officer Permit shall be accompanied by a sketch plan, accurately drawn to scale and showing actual dimensions or distances, and showing: 1) The actual shape and dimensions of the lot for which a permit is sought; 2) The location and size of all buildings, structures, and other significant features currently existing on the lot, as well as all waterbodies and wetlands within two hundred fifty feet (250') of the property lines; 3) The existing and intended use of each building or structure; 6.2 Town of Monson Land Use Ordinance Section VI Administration & Enforcement D. CODE ENFORCEMENT OFFICER PERMIT (Cont.) 4) Where applicable, the location of soil test pits, subsurface sewage disposal system, parking lots and driveways, signs, buffers, private wells; and 5) Such other information as may be reasonably required by the Code Enforcement Officer to provide for the administration and enforcement of this Ordinance. c. TO WHOM ISSUED: No permit shall be issued except to the owner of record or his authorized agent. Written proof of authorization shall be required. d. COMPLIANCE WITH LAND USE ORDINANCE: All activities undertaken pursuant to a permit issued under this Section shall comply with all applicable standards set forth in Section V of this Ordinance. e. DEADLINE FOR DECISION: The Code Enforcement Officer shall, within thirty (30) days of receipt of an application: issue the permit, if all proposed construction and uses meet the provisions of the Ordinance; refer the application to the Planning Board for their review; or deny the application. All decisions of the Code Enforcement Officer shall be in writing. f. COPIES: One (1) copy of the application, with the permit or other written decision of the Code Enforcement Officer, shall be returned to the applicant, and one (1) copy, with a copy of the permit or written decision, shall be retained by the Code Enforcement Officer as a permanent public record. g. POSTING: The applicant shall cause any permit issued to be conspicuously posted on the lot on which the activity will occur at a location clearly visible from the street. h. COMMENCEMENT AND COMPLETION OF WORK: Construction and alteration activities on projects for which a permit has been granted under this Section shall commence within six (6) months of the date of issuance of the permit and shall be completed within twenty-four (24) months of that date. Activities which are not commenced or completed within the time limits provided above shall be subject to new application and the permit issued under this Section shall be considered void. Activities may be extended for up to twelve (12) months by the Code Enforcement Officer, for good cause, if an application for an extension is submitted not later than thirty days prior to the expiration of the prior permit. g. APPEALS: Appeals from decisions of the Code Enforcement Officer may be taken pursuant to the provisions of this Ordinance. 6.3 Town of Monson Land Use Ordinance Section VI Administration & Enforcement E. PLANNING BOARD PERMIT REVIEW The Planning Board shall review all applicable Land Use Permit applications pursuant to Section IV, ß F "Schedule of Uses." 1. APPLICATION: All applications for a Planning Board Permit shall be submitted, with applicable fee, in writing to the Code Enforcement Officer on forms provided. 2. SUBMISSION: All applications for a Planning Board Permit shall be accompanied by a sketch plan, accurately drawn to scale and showing actual dimensions or distances, and showing: a. Map drawn to scale. b. Name of applicant c. Boundaries of the tract of land. d. Location of existing and proposed buildings and other structures, including use and proposed use thereof. e. Location of buildings on abutting properties or within 300 feet of the property line of the proposed development. f. Location of existing public streets. g. Location of proposed access drives to the lot from public streets. h. Location and arrangement of proposed off-street parking and loading areas and their appurtenant drives and maneuvering areas. i. Location of existing and proposed pedestrian walkways j. Location of existing and proposed utilities and easements therefore, including sanitary sewerage, water, and electricity. k. Location of existing natural drainage ways and proposed storm drainage facilities, including dimensions of culverts, pipes etc.. 1. Location, intensity, type, size and direction of all outdoor lighting. m. Location and proposed use for areas proposed for outdoor recreation. n. Location and type of existing and proposed fences, hedges, and trees. o. Location and size of signs and all permanent outdoor fixtures. p. Zoning district classification. q. Setback dimensions from property lines and edge of paved way. 3. TO WHOM ISSUED: No permit shall be issued except to the owner of record or his authorized agent. Written proof of authorization shall be required. 4. COMPLIANCE WITH LAND USE ORDINANCE: All activities undertaken pursuant to a permit issued under this Section shall comply with all applicable standards set forth in Section V of this Ordinance. 5. PUBLIC HEARING DEADLINE: Within a maximum of forty-five (45) days after the filing of an application for a Land Use Permit, and before taking action thereon, the Planning Board may hold a public hearing on the application. Notice of said hearing shall be published in a local newspaper at least ten (10) days in advance of said hearing. A notice of said hearing shall be mailed to each landowner abutting the parcel involved. Land owners shall be considered to be those against whom 6.4 Town of Monson Land Use Ordinance Section VI Administration & Enforcement E. PLANNING BOARD PERMIT REVIEW (Cont.) property taxes are assessed. Failure of any landowner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action of the Planning Board. The responsibility for such notification shall be assumed by the Planning Board Secretary. The applicant shall bear all associated costs of advertisements and notifications. The purpose of the public hearing shall be to receive input from the general public relative to the applicable sections of the review standards. 6. PLANNING BOARD REVIEW AND ACTION: Within thirty (30) days after the public hearing, if one is held, or thirty (30) days from the date of the Planning Board meeting in which the permit application is reviewed, the Planning Board shall approve, approve with modifications, or disapprove the application. The Board shall limit its review to the criteria and standards established within this Ordinance. The Board shall inform the applicant of its decision in writing, and in cases of disapproval or approval with modifications, reasons for such action shall be stated. A copy of the Board's decision shall be retained on file with the Code Enforcement Officer. A Land Use Permit shall not be issued unless approval of the application has been granted. 7. COPIES: One (1) copy of the application, with the permit or other written decision of the Code Enforcement Officer, shall be returned to the applicant, and one (1) copy, with a copy of the permit or written decision, shall be retained by the Code Enforcement Officer as a permanent public record. 8. POSTING: The applicant shall cause any permit issued to be conspicuously posted on the lot on which the activity will occur at a location clearly visible from the street. 9. COMMENCEMENT AND COMPLETION OF WORK: Construction and alteration activities on projects for which a permit has been granted under this Section shall commence within six (6) months of the date of issuance of the permit and shall be completed within twenty-four (24) months of that date. Activities which are not commenced or completed within the time limits provided above shall be subject to new application and the permit issued under this Section shall be considered void. Activities may be extended for up to twelve (12) months by the Code Enforcement Officer, for good cause, if an application for an extension is submitted not later than thirty (30) days prior to the expiration of the prior permit. 10. APPEALS: Appeals from decisions of the Planning Board may be taken pursuant to the provisions of this Ordinance. 6.5 Town of Monson Land Use Ordinance Section VI Administration & Enforcement F. OTHER PERMITS REQUIRED BEFORE APPROVAL Applications for approval under this Ordinance will not be considered complete for processing until all other required local, state, and federal permits have been secured and evidence that they have been secured has been provided unless state or federal regulations require local approval first. G. POSITIVE FINDINGS REQUIRED Approval shall be granted by the Code Enforcement Officer or Planning Board, after receipt of a complete application, only upon a positive finding by the Code Enforcement Officer or Planning Board that the proposed use: a. Is a permitted use in the district in which it is proposed to be located; b. Is in conformance with the applicable performance standards of Section V of this Ordinance; c. Will not result in unsafe or unhealthful conditions; d. Will not result in undue land, water or air pollution; e. Will not result in undue erosion or sedimentation; f. Will avoid problems associated with development in flood hazard areas; g. Will not result in damage to spawning grounds, fish, aquatic life, bird and other wildlife habitat; h. Will conserve significant natural, archaeological and historical resources; i. The impact of the proposed use on transportation facilities; j. The impact of the proposed use on public infrastructure; k. Be consistent with the long range goals of the Comprehensive