ARTICLE 4 ESTABLISHMENT OF DISTRICTS AND LAND USE REQUIREMENTS
A.ZONING DISTRICTS
To implement the provisions of this Ordinance, the Town of Richmond is hereby divided into the following Districts:
1.Resource Protection District
- Shoreland District
- Agricultural District
- Village District
- Residential District
- Commercial-Industrial District
- Highway Commercial District
B. LOCATION OF DISTRICTS
Said Districts are located and bounded as described in the text of this Ordinance or as shown on the Official Zoning Map, entitled "Richmond Land Use Districts" dated June 13, 1974, and on file in the office of the Municipal Clerk. The Official Map shall be signed by the Municipal Clerk and Chairman of the Planning Board at the time of adoption or amendment of this Ordinance certifying the date of such adoption or amendment. Additional copies of this map may be seen in the office of the Municipal Officers.
C. UNCERTAINTY OF BOUNDARY LOCATION
Where uncertainty exists with respect to the boundaries of the various Districts as shown on the Zoning Map, the following rules shall apply:
- Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines;
- Boundaries indicated as approximately following well established lot lines shall be construed as following such lot lines;
- Boundaries indicated as approximately following municipal lines shall be construed as following municipal limits;
- Boundaries indicated as following railroad lines shall be construed to follow such lines;
- Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of natural change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center line of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines;
- Boundaries indicated as being parallel to or extensions of features indicated in subsections (1) through (5) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map; and
- Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections (1) through (6) above, the Board of Appeals shall interpret the District boundaries.
D. Division of Lots by District Boundaries
Where a Zoning 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 amendment of this Ordinance, the regulations applicable to the less restricted portion of the lot may be extended not more than 50 feet into the more restricted portion of the lot, subject to the provisions below.
Extension of use shall be considered a Conditional Use, subject to the approval of the Planning Board and in accordance with the provisions of Article 6.
E. Land Uses
Land uses permitted in each district, in conformance with the general performance standards in Article 5 and where appropriate special performance standards of this Article, are shown on the following tables.
The Planning Board shall determine, consistent with the ComprehensiveLand Use Ordinance, those requirements for uses not explicitly listed.
Keys to Tables:
YYes, permitted without any permit
Y PSYes, subject to Performance Standard in Article 5
Y SPSYes subject to Special Performance Standard in Article 5
CEORequires a building permit or review by Code Enforcement Officer
DRRequires Development Review and Permit according to Article 8
NProhibited Use
District Abbreviations
RP – Resource Protection DistrictV – Village District CI – Commercial Industrial District
SH – Shoreland DistrictR – Residential District
AG – Agricultural DistrictCI – Commercial Industrial District
HC – Highway Commercial District
CATEGORY OF USES / ZONES1. Rural / RP / SH / AG / V / R / CI / HC
Agriculture / Y SPS (1) / Y SPS / Y / N / Y / Y / Y
Timber Harvesting / Y SPS / Y SPS / Y / N / Y / Y / Y
Sale of Produce raised on Premises / Y / Y / Y / Y / Y / Y / Y
Seasonal Produce/Plants not raised on Premises / N / DR / Y / DR / Y / Y / Y
Campgrounds / N (2) / DR Y SPS / DR / DR / DR / DR N / DR
Accessory Uses & Structures / DR (3) / DR / DR / Y / Y / Y (1) / Y (1)
Uses which are similar to above uses / DR / DR / DR / DR / DR / Y (2) / Y (2)
Public or Private Outdoor Recreation Facility / DR / DR / DR / DR / Y / Y / Y
Individual Private Camp-Sites / CEO / CEO / Y / Y / Y / YN / N
Filling and Earth Moving 100 cubic yards / < 10 Cub.Yd.
CEO / CEO / Y / Y / Y / Y / Y
Filling and EarthMoving100 cubic yards / >10 Cub.Yd.
DR / CEO / CEO / CEO / CEO / CEO / CEO
Notes: to table on previous page
Performance Standard for Agriculture are found under Special Performance Standards under the Shoreland Zone District Section G ,4 of this Article
Except when area is zoned for Resource Protection due to flood plain criteria in which case a permit is required from the Planning Board
Provided that a variance from the set back requirements is obtained from the Board of Appeals.
Keys to Tables:
YYes, permitted without any permit
Y PSYes, subject to Performance Standard in Article 5
Y SPSYes subject to Special Performance Standard in Article 5
CEORequires a building permit or review by Code Enforcement Officer
DRRequires Development Review and Permit according to Article 8
NProhibited Use
District Abbreviations
RP – Resource Protection DistrictV – Village District CI – Commercial Industrial District
SH – Shoreland DistrictR – Residential District
AG – Agricultural DistrictCI – Commercial Industrial District
HC –Highway Commercial District
CATEGORY OF USES / ZONES2. Residential / RP / SH / AG / V / R / CI / HC
One and two family residential / N
SE
(1) / CEO / CEO Y / CEO / CEO / CEO / CEO
Manufactured Housing / N / N / Y PS / Y (2) / Y PS / Y PS
(3) / Y PS
New location of Older Mobile Homes (4) / N / N / N / N / N / N / N
Conversion from seasonal to year around / CEO / CEO / CEO / CEO / CEO / CEO / CEO
Multi-family Dwelling / N / N / N / DR
Y PS / DR
Y PS / DR
Y PS / N
Planned Unit or Cluster Development / N / N / DR / NO / DR / N / N
MobileHomePark / N / N / N / N / DR / N / N
Accessory Uses & Structures / N / N / Y / DR / DR / DR / DR
Y
Home Occupations / N / CEO / Y / CEO / Y / Y / Y
Similar Uses as Above / CEO / CEO / CEO / CEO / CEO / CEO / CEO
Notes: to Residential Uses Table on previous page
SE- Special Exception-Planning Board may permit single Family residences if all the following conditions are met:
There is no location on the property, other than a location within the resource Protection District, where the structure can be built
The lot on which the structure is proposed is undeveloped and was established and recorded in the registry of deeds of the county in which the lot is located before the adoption of the Resource Protection District
The proposed location of all buildings, sewage disposal systems and other improvements are
a. Located on natural ground slopes of less than 20%
b. Located outside the floodway of the 100 year floodplain along rivers and artificially formed great ponds along rivers and outside the velocity zone in areas subject to tides, based on detailed flood insurance studies and as delineated on the FEMA Maps; all buildings including basements, are elevated at least one foot above the 100-year floodplain elevation; and the development iw otherwise in compliance with any applicable municipal floodplain ordinance
If the floodway is not shown on the FEMA map it is deemed to be ½ the width of the 100 year floodplain
The total ground-floor area of all principal and accessory structures is limited to a maximum of 1,500 sq. feet.
All structures, except functionally water-dependent structures, are set back from the normal high-water line or upland edge of a wetland to the greatest practical extent, but not less than 75 feet.
(2) Manufactured Housing is allowed in Village except in the following area henceforth referred to as “Inner Village” bounded by Kennebec River and the South side of the rail road tracks from the Richmond-Dresden Bridge to Kimball, Alexander-Reed Boynton, Williams, Main, Cross, Beech, High, to the Bowdoinham line Gardiner, Southard, Fuller, Pleasant, Wheeler, Sled Streets to the Kennebec River. The boundary line shall be drawn at either the back lot line of properties located on the outer perimeter side of the boundary streets or one hundred (100) feet back from the center of the boundary, street or whichever is less”
(3) Manufactured housing (see Definition Article 3 of this Ordinance) is prohibited from the Commercial-Industrial District located on Main Street from Williams Street easterly to Front Street.
(4) Older Mobile Homes are those which are more than 15 years old at the time of proposed location to a new site. They are allowed to be located in Mobile Home Parks as long as they meet the 1974 Housing and Urban Development (HUD) standards
Keys to Tables:
YYes, permitted without any permit
Y PSYes, subject to Performance Standard in Article 5
Y SPS Yes subject to Special Performance Standard in Article 5
CEORequires a building permit or review by Code Enforcement Officer
DRRequires Development Review and Permit according to Article 8
NProhibited Use
District Abbreviations
RP – Resource Protection DistrictV – Village District CI – Commercial Industrial District
SH – Shoreland DistrictR – Residential District
AG – Agricultural DistrictCI – Commercial Industrial District
HC – Highway Commercial District
CATEGORY OF USES / ZONES3. Commercial & Industrial / RP / SH / AG / V / R / CI / HC
Automobile Graveyards and Junk Yards / N / N / DR / N / N / DR / DR
Facilities & Activities which are functionally Water Dependant / DR / DR / NA / DR / NA / NA / NA
Commercial Uses Less than 1,000 sq. ft. / N
(1) / DR / DR / DR / DR / DR / DR
Conversion of Existing Residential Structures to Commercial Uses / N / N / DR / DR / N / DR
Y SPS / DR
Bed and Breakfasts / N / DR / DR / DR / DR / DR / DR
Hotels, Motels and Inns / N / N / N / N / N / DR / DR
Other Commercial & Industrial Uses / N / N / DR / DR / DR / DR / DR
Filling and Earth Moving <100 cubic yards / < 10 Cub.Yd.
CEO / CEO / Y PS / Y PS / Y PS / Y PS / Y PS
Filling and earth moving >100 cubic yards / > 10 Cub.Yd.
DR / CEO / CEO / CEO / CEO / CEO / CEO
Accessory Uses & Structures / N / N / DR / DR / DR / DR / DR
CATEGORY OF USES / ZONES
3. Commercial & Industrial / AG / V / R / CI / HC
Gasoline station and/or repair garage / DR / DR / N / DR / DR
Manufacturing / DR / DR / DR / DR / DR
Automobile Racetracks / N / N / N / N / DR
Warehousing and outdoor storage / DR / DR / DR / DR
Y SPS / DR
Retail or wholesale businesses and service establishments / DR / DR / DR / DR / DR
Sand and Gravel Extraction / DR / N / N / N / DR
Disposal of hazardous waste / N / N / N / DR / DR
S Structures accessory to P Permitted uses and
C Conditional uses / DR / DR / N / DR / DR
Research facilities / DR / DR / DR sps / DR / CEO
Motor Vehicle Sales, New and Used / DR / DR / DR / DR / DR
Notes: to table on previous page
(1)The following commercial uses are explicitly prohibited in the Resource Protection District: Auto washing facilities, auto or other vehicle service and/or repair operations, including body shops, chemical and bacteriological laboratories; storage of chemicals, including herbicides, pesticides or fertilizers other than amounts normally associated with individual households or farms; commercial painting, wood preserving and furniture stripping; dry cleaning establishments; electronic circuit assembly, Laundromats, unless connected to a sanitary sewer; metal plating, finishing, or polishing Petroleum or petroleum product storage and/or sale except storage on same property a use occurs and except for storage and sales associated with marinas; photographic processing ; printing.
Keys to Tables:
YYes, permitted without any permit
Y PSYes, subject to Performance Standard in Article 5
Y SPS Yes subject to Special Performance Standard in Article 5
CEORequires a building permit or review by Code Enforcement Officer
DRRequires Development Review and Permit according to Article 8
NProhibited Use
District Abbreviations
RP – Resource Protection DistrictV – Village District CI – Commercial Industrial District
SH – Shoreland DistrictR – Residential District
AG – Agricultural DistrictCI – Commercial Industrial District
HC – Highway Commercial District
CATEGORY OF USES / ZONES4. Public, semipublic & institution / RP / SH / AG / V / R / CI / HC
Church, or Parish House, Rectory, etc. / N / N / DR / DR / DR / N / N
Public, Private & Parochial Schools / N / N / DR / DR / DR / N / N
Public Buildings: Libraries, museums, etc. / N / N / N / DR / DR / N / N
Recreation or CommunityBuilding / DR / DR / N / DR / DR / N / N
Cemeteries / N / N / DR / N / DR / N / N
Utilities: incl. Sewage Treatment / N / N / DR / N / N / DR / DR
Waste Processing other than Sewage / N / N / DR / N / N / DR / DR
Electric & Telephone Trans. Facilities / DR / DR / DR / DR / DR / DR / DR
Public Pipeline Facilities / DR / DR / DR / DR / DR / DR / DR
Accessory Uses & Structures / DR / DR / DR / DR / DR / DR / DR
Disturbance incidental to Rights of Way / CEO / CEO / CEO / CEO / CEO / CEO / CEO
Extractive Activities: gravel, quarries, mines / N / N / Y PS / N / N / Y PS / Y PS
****NOTE: Uses which are not listed shall require Development Review
Keys to Tables:
YYes, permitted without any permit
Y PSYes, subject to Performance Standard in Article 5
Y SPS Yes subject to Special Performance Standard in Article 5
CEORequires a building permit or review by Code Enforcement Officer
DRRequires Development Review and Permit according to Article 8
NProhibited Use
District Abbreviations
RP – Resource Protection DistrictV – Village District
SH – Shoreland DistrictR – Residential District
AG – Agricultural DistrictCI – Commercial Industrial District
HC – Highway Commercial District
CATEGORY OF USES / ZONES5. Other Uses / RP / SH / AG / V / R / CI / HC
Removal or fill of materials <5ccyard, incidental to the building project / CEO / Y / Y / Y / Y / Y / Y
Signs / CEO / CEO / CEO / CEO / CEO / CEO / CEO
Boathouses / N / DR / NA / DR / NA / NA / NA
Piers and Docks
Temporary
Permanent / CEO
Y SPS
DR / CEO
Y SPS
DR / NA / CEO
Y SPS
DR / NA / NA / NA
F.Resource Protection District
All uses in the district shall conform to the applicable performance standards of Article 5.
1.Purpose
a.To further the maintenance of safe and healthful conditions and the general welfare; prevent and control water pollution; protect spawning grounds, fish, aquatic life, bird and other wildlife habitat; control building sites, placement of structures and land uses; and conserve shore cover, visual as well as actual points of access to inland and coastal waters and natural beauty.
b.To control the use of shore-land and other areas to provide maximum protection to the land and water resources so that:
i.The processes of eutrophication, sedimentation, and pollution, leading to the ultimate degradation or destruction of the water body, will be eliminated or delayed as long as possible;
ii.The process of accelerated nutrient enrichment of water bodies, which almost always accompanies shore-land development, will be kept to a minimum; and
iii.Water bodies, particularly those with public access, will be maintained in a condition fit for the present and future use and enjoyment of the public.
c.To provide minimum standards, as a stopgap measure, until such time as research establishes precisely the susceptibility of various water bodies to degradation process.
d.To enhance the enjoyment and use of water bodies through the protection of fish and aquatic life from destruction that results from advanced stages of man-induced eutrophication.
e.To protect the most vulnerable shore-land areas of all water bodies and other areas in which land uses would adversely affect water quality, productive habitat, biological systems, or scenic and natural values, and to discourage development in unsafe or unhealthful areas. Such areas include, but are not limited to:
i.Wetlands, swamps, marshes and bogs.
ii.Significant wildlife habitats.
2.Location of Resource Protection District[O1]
Notwithstanding the delineation of Resource Protection Districts shown on the Official Zoning Map, the following areas shall be zoned Resource Protection:
a.Floodplains along rivers and floodplains along artificially formed great ponds as defined by the 100 year floodplain as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps.
b.Areas within the State defined shore land area which:
i.Consist of two or more contiguous acres with sustained slopes of 20% or greater, or
ii. Consist of two or more contiguous acres which support wetland vegetation and have hydria soils and which are not part of a freshwater or coastal wetland.
c.All areas lying within the area enclosed by a line located two hundred fifty (250) feet uphill of the upland edge of the following high and moderate value wetlands as designated by the Department of Inland Fisheries and Wildlife and shown on the Map of Potential and Known Essential and Significant Wildlife Habitats dated September 1990 as currently provided and as it may be subsequently amended from time to time which are not within the mapped Resource Protection District shall be included in the Resource Protection District:
i.Wetland 1-W2 (MDIFW #0701-06a) located on Rolling Dam Brook.
ii.Wetland 2-W2 (MDIFW #0600-31) located at the north end of the Abagadasset River.
iii. Wetland 3-W2 (MDIFW #0600-30) located along the Abbagadassett River
iv.Wetland 4-W3 (MDIFW #0600-27) the Umberhind Marsh.
v.Wetland 5-W3 (MDIFW #0600-26) located east of the Reed Cemetery.
vi.Wetland 7-W3 (MDIFW #0600-41) located between the Plummer Road and I-295.
vii. Wetland 10-W3 (MDIFW #0600-42) located north of Richmond Corner.
viii. Wetland 13-W3 (MDIFW #0600-40) located along Denham Stream.
d.All stream-associated floodplain wetlands
Land areas along rivers subject to severe bank erosion, undercutting, or riverbed movement and lands adjacent to tidal waters which are subject to severe erosion or mass movement, such as steep coastal bluffs.
Areas within the mapped Resource Protection District not meeting one of these factors shall be considered to be in the Shoreland Zoning District rather than the Resource Protection District if they are within the area designated by the State as covered by Shoreland Zoning. Areas outside of the designated shoreland area shall be considered to be part of the adjacent district and governed by its regulations.
When there is any question as to the location of the boundary of the Resource Protection District, including the accuracy of mapped wetlands or mapped floodplains; the location shall be established by field determination. When a field determination of the boundary has been made by the Town, this determination shall supersede any mapped or written description of the boundary. Any property owner may submit evidence (from a professional qualified to identify the resource in question) to assist the Town in determining the appropriate location for the boundary. The costs for obtaining such evidence shall be borne by the property owner.
Any permitted use in this district or change in a nonconforming use which is subject to the provision of Section 6.8 (Development Review) of this Ordinance shall be required to obtain approval from the Planning Board prior to the issuance of a building permit, the use of a parcel of land or the commencement of any alteration or improvement of the site including grubbing or grading.
3. Dimensional Standards for Resource Protection District
Minimum Lot AreaWithin the Shoreland Zone
Adjacent to Tidal Area / 30,000 sq. ft.
Within the Shoreland Zone Adjacent to Non-Tidal Area / 40,000 sq. ft.
Minimum Shore Frontage
Within the Shoreland Zone Adjacent to Tidal Area / 150 ft.
Within Shoreland Zone Adjacent to Non-Tidal Area / 200 ft.
Minimum Setbacks
All new principal and accessory structures
From Normal High water line of great ponds-Pleasant Pond- and rivers that flow to great ponds
From normal high water line or other water bodies, tributary streams or the upland edge of a wetland
On the Kennebec River in the Village
Structures which require direct access to the water as piers, docks and retaining walls, or other functionally water-dependent uses / 100 ft.
75 ft.
25 ft.
None
Maximum Height / 25 ft.
Maximum Lot Coverage / 20%
No portion of any lot created after the effective date of adoption or amendment of this Ordinance and lying within the Resource Protection District may be used to meet the dimensional requirements of the Town's minimum lot size ordinance. Where a residential structure is in existence on the effective date of adoption or amendment of this Ordinance, no lot containing such structure shall be created which does not meet the dimensional requirements of the Town's Minimum lot size Ordinance.