CHAPTER 7
THOMASTON
LAND USE
and
DEVELOPMENT
ORDINANCE
Adopted 3/25/1995
Amended
3/23/1996 - 6/9/1997 - 6/10/1998 - 6/22/1999
6/14/2000 - 6/19/2001 - 6/17/2002 - 11/3/2004
6/15/2005 - 6/20/2006- 6/19/2007 - 6/16/2009
TOWN OF THOMASTON
P.O. BOX 299
THOMASTON, MAINE04861
Thomaston Ordinances, Chapter 7, Land Use and Development Ordinance6/16/2009
CHAPTER 7
THOMASTON LAND USE and
DEVELOPMENT ORDINANCE
Article I- Zoning Regulations
Section 701General......
701.1 Purpose......
701.2 Title......
701.3 Authority......
701.3.1 Applicability......
701.3.2 Effective Date......
701.4 Conformity......
701.5 Construction of Language......
701.6 Relationship to Other Town of Thomaston Ordinances......
701.7 Severability......
701.8 Availability......
Section 702 Establishment of Districts......
702.1 Districts......
702.2 Zoning Maps......
702.2.1 Map illustrative, Board of Appeals Final Authority
702.2.2 Survey may be Required
702.2.3 Changes to the Official District Map
Section703 Non-Conformance......
703.1 Purpose......
703.2 General Requirements
703.3 Non-Conforming Lots
703.3.1 Vacant Lots
703.3.2 Lots with Structures
703.4 Non conforming Structures
703.4.1 Maintenance and Enlargement
703.4.2 Reconstruction
703.4.3 Relocation within the Resource Protection District or the Shoreland District
703.4.4 Change of Use of a Non-conforming Structure in the
Resource Protection District or the Shoreland District
703.5 Non Conforming Uses
703.5.1 Discontinuance
703.5.2 Resumption
703.5.3 Expansion of Non-Conforming Use
703.6 Transfer of Ownership
Section 704 Administration
704.1 Planning Board
704.1 .1 Establishment of Board
704.1 .2 Appointment
704.1 .3 Organization And Rules
704.1 .4 Duties and Powers
704.2 Enforcement Officer
704.2.1 Duty to Enforce
704.2.2 Officer to Keep Records
704.3 Legal Action and Violations
704.3.1 Enforcement Procedure
704.3.2 Legal Actions
704.4 Fines
704.5 Building Permit
704.5.1 Temporary Building Permit
704.5.2 Demolition Permit
704.5.3 Construction without Building Permit
704.5.4 Rapid Entry System
704.6 Application
704.7 Certificate of Occupancy
704.8 Fees
704.9 Thomaston Fee Schedule
704.9.1 Alterations, Renovations & Restoration
704.9.2 New Structures and Additions
704.9.3 Flat Fees
704.9.4 Subdivision Fees
704.9.5 Site Plan Review
704.9.6 Planning Board Review or Board of Appeals
704.9.7 Board of Appeals Appellant Fee
704.9.8 Mobile Home Park Fees
Section 705 Appeals
705.1 Appointment and Composition
705.2 Powers and Duties
705.2.1 Administrative Appeals
705.2.2 Variances
705.2.3 Handicapped accessibility
705.2.4 Variance from Dimensional Standards
705.4 Appeal Procedure
705.5 Appeal to Superior Court
705.6 Reconsideration
Section 706 Amendments
706.1 Authority
706.2 Procedure
706.3 Adoption
Section 707 Urban Residential District (R-3)
707.1 Purpose
707.2 Boundary Description
707.3 Permitted Uses
707.4 Conditional Uses
707.5 Dimensional Requirements
707A Village Mixed Use District (R-3A)
707A.1 Purpose
707A.2 Boundary Description
707A.3 Permitted Uses
707A.4 Conditional Uses
707A.5 Prohibited Uses
707A.6 Standards
Section 708 Transitional Residential District (TR-3)
708.1 Purpose
708.2 Boundary Description
708.3 Permitted Uses
708.4 Conditional Uses
708.5 Dimensional Requirements
Section 709 Rural Residential District (R-2)
709.1 Purpose
709.2 Boundary Description
709.3 Permitted Uses
709.4 Conditional Uses
709.5 Dimensional Requirements
Section 710 Rural Residential & Farming District (R-1)
710.1 Purpose
710.2 Boundary Description
710.3 Permitted Uses
710.4 Conditional Uses
710.5 Dimensional Requirements
Section 711Resource Protection District (RP)
711.1 Purpose
711.2 Boundary Description
711.3 Standards
711.4 Special Exceptions
711.5 Permitted Uses
711.6 Conditional Uses
Section 712 Highway Commercial District (HC)
712.1 Purpose
712.2 Boundary Description
712.3 Permitted Uses
712.4 Conditional Uses
712.5 Dimensional Requirements
712A Village Commercial District (VC)
712A.1 Purpose
712A.2 Boundary Description
712A.3 Permitted Uses
712A.4 Conditional Uses
712A.5 Dimensional Requirements
Section 713 Industrial District (I)
713.1 Purpose
713.2 Boundary Description
713.3 Permitted Uses
713.4 Conditional Uses
713.5 Dimensional Requirements
Section 714 Shoreland Commercial District (SC)
714.1 Purpose
714.2 Boundary Description
714.3 Permitted Uses
714.4 Conditional Uses
714.5 Dimensional Requirements
715 Appeals Board Approval
ARTICLE II - General Standards of Performance
Section 716Environmental
716.1 Agriculture
716.2 Air Pollution
716.3 Archaeological Sites
716.4 Buffer Areas
716.5 Earth Material Removal
716.6 Prevention of Erosion and Sedimentation
716.7 Flood Plain Areas
716.8 Mineral Exploration
716.9 Noise Abatement
716.10 Shoreland Area Protection
716.11 Soil Suitability
716.12 Storm Water Runoff
716.13 Waste Water Pollution
716.14 Water Quality
716.15 Essential Services
716.16 Standards for Commercial/Industrial Use
Section 717 Parking, Loading and Traffic
717.1 Off-Street Parking Standards
717.2 Off-Street Loading Standards
717.3 Access and Parking Layout
717.4 Corner Clearances
Section 718 Signs
718.1 General
718.1.1 Permit Required Fee
718.1.2 Altering Signs
718.1.3 Placement
718.1.4 Area
718.1.5 Maintenance and Repair
718.1.6 Obsolete Signs
718.1.7 Structural Standards
718.1.8 Defects
718.1.9 Illumination
718.1.10 Prohibited Signs
718.2 Residential Signs
718.3 Commercial/Industrial Uses
718.3.1 Free-Standing Signs
718.3.2 Attached Parallel Signs
718.3.3 Attached Projecting Signs
718.3.4 Awning Signs
718.3.5 Canopy or Marquee Signs
718.3.6 Other signs
Section 719 Residential
719.1 Clustered Residential Development
719.2 Conversion of Existing Residential Structures
719.2.1 Apartment Buildings
719.2.2 Bed and Breakfast/Tourist Homes
719.2.3 Rooming Houses
Section 720 Street Design Standards
720.1 Minimum Standard for Street Design and Construction
720.2 Acceptance of Streets and Ways
720.3 Acceptance of Streets and Ways required by Public Interest
720.4 Curbs
720.5 Easements
720.6 No Street or Way to be accepted until After Report by the
Thomaston Planning Board and the Thomaston Town Manager
720.7 Private Streets and Ways
Section 721 Mobile Home Parks
721.1 Licenses
721.2 Design
Section 722 Individual Mobile Homes
722.1 Permits
722.2 Design
722.3 Modular Homes
ARTICLE III - Land Subdivisions
Section 723 Purpose
Section 724 Authority & Administration
724.1 Authority
724.2 Administration
Section 725 Pre-Application Procedure (Step One)
725.1 Thomaston Planning Board Agenda
725.2 Pre-Application Meeting
Section 726 Preliminary Plan Procedure (Step Two)
726.1 Procedure
726.2 Preliminary Plan Submission Requirements
Section 727 Final Plan Review Procedures (Step Three)
727.1 Procedure
727.2 Submission Requirements - Final Plan
727.3 Final Plan – Approval and Filing
727.4 Revisions to Approved Plans
Section 728 General Performance Standards
728.1 Conformance With Performance Standards
728.2 Preservation of Natural and Historic Features
728.3 Land not Suitable for Development
728.4 Blocks
728.5 Lots
728.6 Easements for Natural Drainage Ways
728.7 Utilities
728.8 Monuments
728.9 Road Names and Signs
728.10 Sidewalks and Curbs
728.11 Required Improvements
728.12 Cluster Development
Section 729 Road Design & Construction Standards
729.1 General Requirements
729.2 Road Design Standards
729.3 Road Construction Standards
729.4 Cleanup
729.5 Certification and Construction
Section 730 Drainage Design & Construction Standards
730.1 General Provisions
730.2 Storm Water Management Design Standards
Section 731 Performance Guarantees Required
731.1 Types of Performance Guarantees
731.2 Amount of Guarantees
731.3 Condition of Agreement
731.4 Inspection of Required Improvements
731.5 Release of Guarantee
Section 732 Waivers
732.1 Waiver of Submission Requirements
732.2 Waivers Conditionally Granted
Section 733 Appeals
Section 734 Enforcement
734.1 Violations and Enforcement
734.2 Ineligible Applicant
734.3 Amendments after Approval
ARTICLE IV - SITE PLAN REVIEW
Section 735 Projects Reviewed
Section 736 Procedures
Section 737 Elements of the Site Plan
Section 738 Waiver of Submission Requirements
Section 739 Approval Criteria
ARTICLE V - Wind-Energy Conversion System
Section 740 Authority
ARTICLE V - STREET CONSTRUCTION & EXCAVATIONS
Section 742 Authority
Section 743 Purpose
Section 744 Intent
Section 745 Penalty
Section 746 Street Opening Permit
746.1 Safe Access
746.2 Driveways cut into Existing Sidewalks
746.3 Driveway Slope across Sidewalks
746.4 When Permit Required
746.5 Driveway or Entrance Width and Distance Between
Section 747 When Permit Issued
Section 748 Fee
Section 749 Charges
749.1 Streets paved within 2 years
749.2 Streets paved over two years
749.3 Other Areas
749.4 Sidewalk
Section 750 Minimum Charges
Section 751 Three or More Openings in a Sequence
Section 752 General
Section 753 Performance Bond
Section 754 Violations
Section 755 Inspections
Section 756 Standards
ARTICLE VII - Wireless Telecommunications Facilities
Section 757 Wireless Telecommunications Facilities
757.1 Applicability
757.2 Exemptions
757.3 Site-Plan Review Application
757.4 Standards
757.5 Standard Conditions of Approval
757.6 Abandonment
CHAPTER 7
THOMASTON LAND USE and
DEVELOPMENT ORDINANCE
Article I:Zoning Regulations
Section 701General
701.1Purpose
This Ordinance is designed for all the purposes of zoning found in the Maine Revised Statutes and has been drafted as an integral part of a Comprehensive Planning process for the Town of Thomaston, Maine to promote the health, safety, and general welfare of its residents. Among other things, it is designed to encourage the most appropriate use of land throughout the Town, to promote traffic safety; to provide safety from fire and other elements; to provide adequate light and air; to prevent overcrowding of real estate; to promote a wholesome home environment; to prevent housing development in unsanitary areas; to provide an adequate street system; to encourage the formation of community units; to provide an allotment of land area in new developments sufficient for all the requirements of community life; to conserve natural resources; and to provide for adequate public services.
701.2Title
This Ordinance shall be known and cited as the Land Use and Development Ordinance of the Town of Thomaston, Maine; Chapter 7, Town of Thomaston Ordinances and will be referred to herein as "this Ordinance."
701.3Authority
This Ordinance is adopted pursuant to the enabling provisions of Article VIII, Part 2, Section 1 of the Maine Constitution, the provisions of Title 30-A, MRSA Section 3001 (Home Rule), the State's Comprehensive Planning and Land Use Regulation Act, Title 30-A, MRSA, Sections 4312 et. seq., and the Mandatory Shoreland Zoning Act, Title 38 MRSA Sections 435 et. seq.
701.3.1 Applicability
This Ordinance applies to all land areas and all structures within the boundaries of the Town of Thomaston. This Ordinance also applies to any structure built on, over or abutting a dock, wharf or pier, or other structure extending or located belowthe normal high-water line of a water body or within theupland edge of a coastal wetland, including all areas affected by tidal action, or upland edge of a freshwater wetland,and all land areas within 75 feet, horizontal distance, of the normal high-water line of a stream.
701.3.2 Effective Date
This Ordinance is effective upon a vote of a regular or special Thomaston Town Meeting. A certified copy of the Ordinance, attested and signed by the Town Clerk, shall be forwarded to the Commissioner of the Department of Environmental Protection for approval. If the Commissioner fails to act on this Ordinance within forty-five (45) days of its receipt of same, it shall be deemed approved. Upon approval of this Ordinance by a vote of the Thomaston Town Meeting and approval of the Department of Environmental Protection, the Zoning Ordinance previously adopted on 6/30/93 is hereby repealed. This supersedes all previously adopted land use and development ordinances.
Any application for a permit within the Resource Protection or the Shoreland District submitted to the Town of Thomaston within the forty-five (45) day period shall be governed by the terms of this Ordinance if the Ordinance is approved by the Commissioner of the Department of Environmental Protection.
701.4Conformity
701.4.1-No building or structure shall be erected, altered, enlarged, rebuilt, moved or used and no premises shall be used unless in conformity with the provisions of this Ordinance except those existing that by the provisions of this chapter become legally non-conforming.
701.4.2-The regulations specified by this Ordinance for each class of district shall be minimum requirements and shall apply uniformly to each class or kind of structure or land.
701.4.3-Land within the lines of a street on which a lot abuts shall not be considered as part of such lot for the purposes of meeting the area requirements of this Ordinance notwithstanding the fact that the fee to such land may be in the owner of such lot.
701.4.4-No part of a yard, or other space, or off-street parking or loading space about or in connection with any building and required for the purpose of complying with this Ordinance, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
701.4.5-When a lot or parcel of land in the same ownership of record at the time of enactment or amendment of this Ordinance is transected by a District Boundary, the requirements of this Ordinance applicable to the larger part of such lot shall apply to the smaller part of such lot, but not more than fifty (50 linear feet in depth beyond said District Boundary. The fifty-foot (50') provision shall not be applied such that it would move the inland boundary of a Resource Protection District or the Shoreland District.
701.5Construction of Language
In general all words and terms used in these regulations shall have their customary dictionary meanings. More specifically, certain words and terms shall be described in Chapter 10.
701.6Relationship to Other Town of Thomaston Ordinances
Zoning Ordinance provisions may cover or conflict with matters regulated by other codes and ordinances, local, State or Federal, and with deed restrictions or covenants, and since these codes, ordinances, etc., are subject to change; for the purpose of this ordinance the following rule will apply: whenever the requirements of this ordinance are at variance with the regulations of any other lawfully adopted ordinances, rules or restrictions administrated by the municipality, or covenants, those that are more restrictive or impose the higher standards or requirements shall govern. Notwithstanding any other provisions of this ordinance, no premises shall be used or maintained in violation of any State or Federal pollution control or environmental protection law or regulation.
701.7Severability
701.7.1-It is the intention of the Citizens of Thomaston that each separate section of this ordinance shall be deemed independent of all other sections herein. It is the further intention of the Citizens of Thomaston that, if any provisions of this ordinance be declared invalid, all other sections remain valid and effective.
701.7.2-This ordinance may be amended by a majority vote of the Citizens of Thomaston.
701.8Availability
A certified copy of this Ordinance and District Map, attested to and signed by the Thomaston Town Clerk, is on file at the Thomaston municipal office and is accessible to any member of the public.Copies are available to any member of the public, at reasonable cost, at the expense of the person making the request.
Section 702 Establishment of Districts
To implement the provisions of this Chapter, theTown of Thomaston is hereby divided into the following classes of Districts:
702.1Districts
1)Urban Residential District — R-3
2)Village Mixed Use District -- R-3A
3)Transitional Residential District — TR3
4)Rural Residential District — R-2
5)Rural Residential and Farming District — R-1
6)Resource Protection District — RP
7)Commercial District — C
8)Industrial District — I
9)Shoreland Commercial District — SC
702.2Zoning Maps
The location and boundaries of the above Districts are hereby established as shown on maps entitled “District Map”, dated 6/8/2008 and “District Inset Map”, dated 3/25/95, as amended, prepared by the Thomaston Planning Board and kept on file at the Thomaston Municipal Office, which maps with all explanatory matter thereon, shall be deemed to be, and are hereby made part of this Ordinance. When uncertainty exists with respect to District boundaries as shown upon the above maps, the following rules shall apply:
702.2.1Map illustrative, Board of Appeals Final Authority
The depiction of the Districts on the Official District Map for the Town of Thomaston is merely illustrative of their general location. Except where the centerlines of streets or railroad rights of way are used, the boundaries of the Resource Protection District and the Shoreland District shall be determined by measurement from the normal high-water line of the water body or from the upland edge of wetland vegetation, regardless of the location of the boundary line shown on the map. Where uncertainty exists as to the exact location of these boundary lines, the Board of Appeals shall be the final authority as to location.
702.2.2Survey may be required
Where a question arises in regard to the limits of the Resource Protection District or the Shoreland District established by this Ordinance as they affect an existing or proposed land use, the applicant shall be instructed to obtain a topographic survey from a Registered Land Surveyor or other certified professional based on the nearest known benchmark and showing the appropriate boundary delineating the Resource Protection District or Shoreland Commercial District.
702.2.3Changes to the Official District Map
If amendments, in accordance with Section 706 are made in the District boundaries or other matter portrayed on the Official District Map, such changes shall be made on the Official District Map within thirty (30) days after the amendment has been approved by the Commissioner of the Department of Environmental Protection.
Section703 Non-Conformance
703.1Purpose
The purpose of this section is to regulate non-conforming lots, uses and structures as defined in this Ordinance such that they can be reasonably developed, maintained or repaired, or changed to other less non-conforming or to conforming uses.
It is the intent of this Ordinance to promote land uses conformities, except that non-conforming conditions that existed before the effective date of this Ordinance or amendments thereto shall be allowed to continue, subject to the requirements set forth in this section.Except as otherwise provided in this Ordinance, a non-conforming condition shall not be permitted to become more non-conforming.
703.2General Requirements
Any lawful use of buildings, structures, premises, land or parts thereof existing at the effective date of this Ordinance or amendments thereto, and made non-conforming by the provisions of this Ordinance or amendments thereto, may be continued subject to the provisions of this section.
703.3Non-Conforming Lots
703.3.1Vacant Lots
a)A single lot of record in separate ownership and not contiguous with any other lot in the same ownership may be built upon provided all provisions of this Ordinance, except lot size area, lot width and shore frontage, shall be met. Variances relating to setback or other requirements not involving lot size area, lot width or shore frontage shall be obtained only by action of the Board of Appeals.
b)If two or more contiguous lots are in the same ownership of record at the time of or since adoption or amendment of this Ordinance, and if any of these lots do not individually meet the dimensional requirements of this Ordinance or subsequent amendments, and if one or more of the lots are vacant or contain no principal structure, the lots shall be combined to the extent necessary to meet the dimensional requirements. No division of the parcel shall be made that creates any dimension or area below the requirements of this Ordinance, and if any such lot is created after enactment of this Ordinance or any amendment thereof, that lot shall not be built upon. If, after combining all contiguous lots in the same ownership, the parcel fails to meet dimensional standards of this Ordinance, said parcel may be built upon in accordance with paragraph 703.3.1a.
703.3.2Lots with Structures
a)A single lot of record that is the site of a principal building or use may have additional structuresbuiltin accordance with paragraph 703.3.1a.
b)If two or more contiguous lots are in the same ownership, and if all or part of the lots do not meet the dimensional requirements of this Ordinance, and a principal building or use exists on each lot,may have additional structuresbuiltin accordance with paragraph 703.3.1a.
c)If two or more contiguous lots are in the same ownership, and if all or part of the lots do not meet the dimensional requirements of this Ordinance, and the lots are the site of permitted accessory buildings or uses, the lots may be built upon in accordance with paragraph 703.3.1b.