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STANDARDS AND DEFINITIONS FOR IMPLEMENTING THE TOPSHAM MAIN

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STANDARDS AND DEFINITIONS FOR IMPLEMENTING THE TOPSHAM MAIN ...

Topsham Main Street Village Plan Implementation

    3.26.09

    Topsham Town Meeting Warrant

    May 20, 2009

    EXHIBIT #2

    Main Street Zoning & Zoning Map

    Amendment

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Topsham Main Street Village Plan Implementation

    3.26.09

An Amendment of the Topsham Town Code, Chapter 225, Zoning, Chapter 175,

    Site Plan Review, and the Official Zoning Map, related to the implementation of

    recommendations from the Main Street Village Plan

CHAPTER 225 ZONING ORDINANCE

    ? 225-6 Definitions

    Amusement park An outdoor commercial facility, which may include structures

    and buildings, where there are various devices for entertainment, including rides,

    booths for conduct of games or sale of items and buildings for shows and

    entertainment.

    Batch Plant A business engaged in the on-site preparation of ready-mix

    concrete and bituminous concrete conveyed for use off-site.

    Concrete Product Manufacturing A business engaged in the manufacturing of concrete products. Concrete preparation is an accessory use to the on-site

    primary use of concrete product manufacturing.

    Commercial Recreation Any commercial enterprise, which receives a fee in return for the provision of some recreational activity, including but not limited to

    racquet clubs and health facilities, but not including amusement facilities and

    amusement parks, as defined herein. Mixed Use Building A single structure with residential and professional /

    commercial uses.

    Near-field building A building placed in front of a larger building or land use to

    screen the larger building and land use and create a pedestrian-scaled street

    environment.

    On-street parking Parking for vehicles within public rights-of-way where allowed

    in accordance with ?210-34 and ?210-39 or as amended.

    Sign, Portable Any sign not permanently affixed to the ground, excluding

    Sandwich Sign or to a building, including any sign attached to or displayed on a

    vehicle that is used for the express purpose of advertising a business

    establishment, product, service or entertainment, when that vehicle is so parked

    as to attract the attention of the motoring or pedestrian traffic.

    Sign, Sandwich: A two-sided sign, typically shaped like an ―A‖ and hinged at the

    top, that is made of wood or materials that appear to be wood and is not attached

    to the ground.

    Sign, projecting A sign mounted on a building projecting perpendicular to the

    face of the building.

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    Stacked Parking Parking arrangements where cars are arranged in a manner

    that one or more cars are parked behind each other and not all cars can directly

    access a travel lane or driveway.

    Streetscape An overall coordinated and designed exterior public space with

    zones delineated for pedestrians, landscaping/street trees, vehicles and

    bicyclists. In general, streetscapes are located within the public right-of-way in

    front of a building, but may be on the adjacent fronting parcel or within both the

    public right-of-way and the parcel.

    Streetscape elements include but are not limited to street trees, benches,

    bollards, public trash receptacles, movable tables and chairs, light posts, planters,

    bicycle racks and on-street parking. These components are intended to create a

    pedestrian-friendly zone parallel to the street. The width of the streetscape zone

    varies depending on the nature of the development and available space between

    the building and the edge of the travel way. Streetscapes should reinforce an integrated plan including architecture, signage,

    on-street parking and traffic-calming measures such as curb bump outs and

    raised or reflective sidewalks. In all cases, a minimum six foot-wide pedestrian

    way shall be maintained clear of obstacles. ? 225-11 Establishment of Zones

    (10) Upper Village Zones, to be known as "UV Zones." The objective of the

    Upper Village Zones is to provide for a mixed-use village that serves as the northern counterpart to the Lower Village Zone. The development pattern may

    not feel as historic as the Lower Village but should facilitate pedestrian activity as

    a natural extension of Lower Main Street. (10) Main Street Residential, to be known as the ―R4 Zone‖. The objective of the

    R4 zone is to provide an area of higher density residential development, in close

    proximity to small scale mixed used developments and civic uses, such as

    schools. The area should accommodate future growth of residential and

    accessory type uses, that complement and are compatible with the adjacent

    business and civic uses. The R4 Zone is made up of four distinct areas. Two are

    intended as residential areas with densities and housing costs (10% affordable

    housing is desired outlined in the Topsham Annex Reuse Plan), the third is

    intended for recreational uses as depicted on the approved Topsham Annex

    Master Reuse Plan andhe fourth area is not included in the Annex Reuse Master Plan, and is subject to the standards in the Table of Dimensional Requirements.

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    (15) The Village Center Zone, to be known as the ―VC Zone‖. The objective of

    the Village Center Zone is to provide for civic and mixed-use development

    opportunities, while utilizing buildings and streetscape components to define

    Main Street and promote a pedestrian friendly environment. New or renovated

    buildings shall be designed in a ―New England‖ style in keeping with historic

    character of the Middle Village and recent developments in the Lower Village.

    Shared driveways and parking, limited curb cuts, new sidewalks and

    streetscaping, crosswalks, signage and other amenities will create a safe

    pedestrian environment.

    (16) The Limited Industrial Zone, to be known as the LI Zone. The intent of the

    Limited Industrial District is to create more flexibility for existing businesses, while

    minimizing the impact on the adjacent educational and residential uses with

    appropriate performance and dimensional standards. New or renovated buildings

    shall be designed with an attractive facade articulated to break up the scale and

    massing of the buildings, particularly along Route 201, reinforcing the concept of

    a ―Main Street‖ running from the Androscoggin River to the I-295 overpass.

    (17) Business Park 2, to be known as ―BP2 Zone‖. The objective of the BP2 zone is to allow for a level of business, commercial and office development that will be

    compatible with the adjacent higher density residential zone and the adjacent

    civic uses. The area is that portion of the Topsham Annex referred to as the

    ―Military Triangle‖ in the Topsham Annex Master Reuse Plan.

    ? 225-14 Nonconforming uses, structures and lots of record

    B. Nonconforming use.

    (1) Resumption prohibited. A building or structure in which a nonconforming

    use is discontinued for a period exceeding two years, or which is superseded by

    a conforming use, may not again be devoted to a nonconforming use, even if the

    owner has not intended to abandon the use. In the LV, MV, VC, LI, R4, and BP2

    Zones, a building or structure in which a nonconforming use is discontinued for a

    period exceeding one year, or which is superseded by a conforming use, may not

    again be devoted to a nonconforming use, even if the owner has not intended to

    abandon the use.

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Topsham Main Street Village Plan Implementation

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    (3) Change of use. A nonconforming use may be changed to another

    nonconforming use only when the Board of Appeals determines, pursuant to the

    procedures of Article X of this chapter, that the impact of the new use on

    adjacent properties and the Town is less adverse than the former use and that

    the existing use was legally established, was made nonconforming by the

    adoption or amendment of Chapter 225 and is not a home occupation. In making

    this determination, the Board shall consider traffic, hours of operation, amount

    and location of parking, lighting, noise, odors, vibrations, dust, smoke, air

    discharges, rate of surface water runoff and the potential for erosion. Once the

    Board of Appeals has changed the use as described above, the former

    nonconforming use shall be considered abandoned. In the LV, MV, VC, LI, R4

    and BP2 Zones, any change of use shall be to a conditional or permitted use for

    that Zone. [Amended 5-16-2001 STM, Art. 27] ? 225-17 Dimensional Requirements

    (5) Two-family dwellings located in CC, RCU, MUC, MUC-1, CC 196, LV, MV

    and UV Zones and MV Zones shall be located on a lot that has an area of at

    least 1.5 times the minimum lot size. Two-family dwellings in the LV, VC, LI and

    R4 Zones may be located on a lot of at least the minimum size required for that

    Zone. In the LV, VC and LI Zones, two-family dwellings in buildings fronting

    Route 201 shall be located on the second floor. All two-family dwellings in the CC,

    RCU, MUC, MUC-1, CC 196, LV, MV, VC, LI, UV and R4 Zones must be

    connected to public sewer and water. [Amended 5-24-2007 STM, Art. 15]

    ? 225-27. Off-street parking and loading.

    A. General. A permitted use in any district shall not be extended, and no

    structure shall be constructed or enlarged, unless off-street automobile parking

    space, on-street parking where allowed or shared parking arrangements where

    allowed are provided in accordance with the following requirements. (1) Parking areas with more than two parking spaces shall be arranged so that it

    is not necessary for vehicles to back into the street, except where on-street

    parking is allowed. (2) Each off-street parking area shall have no more than two openings onto the

    same street, each opening not to exceed 26 feet in width, except as further

    limited below: [Amended 5-17-2000 STM, Art. 15]

    (a) Within CC and BP2 Zones, only one twenty-six-foot-wide access drive shall

    be allowed per 100 feet of frontage.

    (b) Within RCU Zones, only one twenty-six-foot-wide access drive shall be

    allowed per 200 feet of frontage.

    (c) Within MUC and MUC-1 Zones only one twenty-six-foot-wide access drive

    shall be allowed per 100 feet of frontage. [Amended 5-24-2007 STM, Art. 15]

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    (d) Within the LV, VC and R4 Zones, only one twenty-foot-wide drive shall be allowed for lots with less than 150 100 feet of frontage. (e) Within the MV and UV Zones Zone, only one twenty-six-foot-wide access drive shall be allowed for lots with less than 200 feet of frontage.

    (f) Within the LI Zone, and that portion of the CC that fronts on Rt. 201, only

    one twenty-six-foot-wide access drive shall be allowed per 200 feet of frontage

    on Route 201. For lots without frontage on Route 201, only one twenty-six-foot-

    wide access drive shall be allowed per 100 feet of frontage

     (5) The joint use of a parking facility by two or more principal buildings or uses

    may be approved as an administrative appeal by the Board of Appeals where it is

    clearly demonstrated that said parking facilities would substantially meet the

    intent of the requirements by reasons of variation in the probable time of

    maximum use by patrons or employees of such establishments. The proposed

    use of joint parking facilities in the LV, VC, LI, BP2 and R4 Zones, and that

    portion of the CC that fronts on Rt. 201, does not require approval from the Board of Appeals, but shall meet the standards in accordance with ? 225-

    27.A.(3).

    B. Additional requirements for commercial and industrial

    establishments.

     (2) All parking areas, driveways and other areas serving 10 or more vehicles

    shall be paved with bituminous concrete or an equivalent surfacing over a gravel

    subbase at least six inches in thickness, and shall have appropriate bumper or

    wheel guards where needed. Porous bituminous concrete and pavers designed

    for low impact development applications approved by the Planning Board are

    acceptable alternatives. Gravel parking/work yard areas are allowed subject to

    Planning Board approval with the specific requirement that there will be no

    environmental impacts such as dust, erosion or the tracking of gravel on to public

    rights-of-way.

     D. Parking lot design criteria (not applicable to single-family dwellings

    and duplexes). [Amended 5-21-1997 STM, Art. 34]

    (3) Parking.

    (a) Access to parking stalls should not be from major interior travel lanes, and

    shall not be immediately accessible from any public way, except where on-street

    parking is allowed.

    (b) Parking areas shall be designed to permit each motor vehicle to proceed to

    and from the parking space provided for it without requiring the moving of any

    other motor vehicles, except in the LV, MV, VC, LI, R4 and BP2 Zones where it

    can be demonstrated that stacked parking arrangements are feasible. The

    Planning Board shall approve a parking management plan.

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    (i) Parking spaces shall be provided to conform to the number required in the

    following schedule, unless it can be demonstrated that fewer parking spaces for

    on-site parking can meet anticipated demand in the LV, MV, VC, LI, BP2 and R4

    Zones in accordance with ? 225?27.A.(3). [Amended 5-24-2006 STM, Art. 14]

    NOTES:

    1. Where the calculation of the aforementioned parking spaces results in a

    fractional part of a complete parking space, the parking spaces required shall be

    construed to be the next highest number.

    2. The above are minimum standards, and additional parking spaces shall be

    required if these prove to be inadequate.

    3. Where floor space is to be used in calculating the number of required

    parking stalls, gross floor space shall be used unless otherwise noted.

    4. In the LV, MV, VC, LI and R4 Zones, the first two residential spaces may

    be waived in calculating the total required parking for a mixed-use building or

    project.

    E. Drive-through services. Drive-through services shall comply with the

    following requirements: [Added 5-17-2000 STM, Art. 15]

    (1) Within the CC, RCU, MUL and MUC Zones, drive-through services shall be

    placed to the side or rear of the building.

    (2) Within the LV and VC Zones, drive-through services shall be placed to the rear of the building.

    (3) Within the MV, R4, BP2 and CC 196 Zones, drive-through services are not

    permitted. [Amended 5-24-2007 STM, Art. 15]

    (4) Within the MUC-1 Zone, drive-through services shall be placed to the side or

    rear of the building or, if part of a planned mixed-use development, the location

    and design shall conform to the master plan for the planned mixed-use

    development.

    (5) Within the LI Zone, and that portion of the CC that fronts on Rt. 201, no drive-

    through services shall be placed such that more than a single drive through lane or window is visible from Rt. 201. No drive through services shall be placed on

    the side of the building facing Rt. 201.

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Topsham Main Street Village Plan Implementation

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? 225-29. Landscaping. [Amended 5-15-1996 STM, Art. 31]

    A. The landscape shall be preserved in its natural state insofar as practical, by

    minimizing tree removal and grade changes in keeping with the general

    appearance of neighboring developed areas. Landscaping shall be designed to

    soften, screen or enhance the physical design of structures and parking areas to

    avoid the encroachment of the proposed use on abutting land uses. All parking

    lots shall be landscaped along the property boundaries with shrubbery, trees and

    other landscape materials. In the LV, MV, VC, LI, and R4 Zones, and that portion of the CC that fronts on Rt. 201, a combination of fencing, landscaping and

    grading shall be utilized to screen parking areas and minimize the impact of

    vehicle head lights on an adjacent residential uses. [Amended 5-17-2000 STM, Art. 15]

    (3) A minimum six-foot wide landscaped area must be installed adjacent to all

    sides of commercial buildings and structures except in the Lower Village Zones

    LV Zone and industrial buildings in the LI Zone. In the LV, VC, BP2 and LI Zones,

    and that portion of the CC that fronts on Rt. 201, where the front of the building

    directly abuts a streetscape, a six-foot wide landscaped area is not required. The

    design of the streetscape shall meet all other applicable standards. ? 225-32. Setbacks and screening.

    A. Exposed storage areas, raw materials for the production of finished items for

    sale, exposed machinery, sand and gravel extraction operations and areas used

    for the storage or collection of discarded automobiles, auto parts, metals or any

    other articles of salvage or refuse shall have sufficient setbacks and screening

    (such as a stockade fence or a dense evergreen hedge six feet or more in height)

    to provide a visual buffer sufficient to minimize their impact on other land uses

    and properties in the area. In the LI zone, and that portion of the CC that fronts

    on Rt. 201, this vegetated buffer shall be at least 25’ wide. . B. Where a potential safety hazard to children would be likely to arise, physical

    screening sufficient to deter small children from entering the premises shall be

    provided and maintained in good condition.

? 225-33. Signs. [Amended 5-20-1992 ATM, Art. 18]

    (5) Projecting signs shall maintain minimum height clearance of eight ten feet

    above ground level and shall not extend more than four feet from the building

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    surface. Projecting signs are permitted over public sidewalks except in the LV,

    VC, LI, and BP2 Zones.

    (8) All signs shall be located below the ridge line of the building, except in the

    LV, VC, LI, R4 and BP2 Zones where signs shall be beneath the eave line and

    meet all applicable standards.

    ? 225-34. Stormwater management.

    C. Stormwater systems should be integrated into the overall Landscape Plan.

    Stormwater structures such as swales, basins, culverts, rip rap and headwalls

    shall be located and designed to blend with the natural environment. Native and

    wetland tolerant plants should be used to soften hard structures and add wildlife

    value. Stormwater systems should be considered as engineered wetland

    systems that have visual and ecological value. [Added 5-17-2000 STM, Art. 15]

    Green roof systems may be utilized as part of a stormwater system plan if the

    efficacy of the system can be demonstrated using the Rational or S.C.S. Method.

    ? 225-37. Noise.

    A. The maximum permissible sound pressure level of any continuous regular or

    frequent source of sound produced by any activity shall be limited by the time

    period and use district listed below. Sound levels shall be measured at least four

    feet above ground at the property boundary. [Amended 5-24-2007 STM, Art. 15]

    Sound Pressure Level Limits [Measured in dB(A) scale]

    7 a.m. to 10 p.m. 10 p.m. to 7 a.m. R-1, R-2, R-3 and R4 Zones 55 45

    LV, MV, UV, VC, BP2, and

    MUC-1 Zones 55 45

    MUC-1 Zones

    BP Zone 60, except 55 for any 50, except 45 for

    any property line that any property line

    abuts a residential that abuts a District residential district. CC 196 and

    LI Zones 60, except 55 for any 50,

    except 45 for property line that abuts any

    property line that abuts a residential that

    abuts a

    district residential district CC, RCU, MUL and

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    MUC Zones 60 50

    I Zones 65 60

? 225-50. Apartment buildings and multifamily developments.

    [Amended 5-21?1997 STM, Art. 42; 5-19-1999 STM, Art. 13]

    C. Design requirements.

    (1) Density. The net residential density shall not exceed the density required for single-family dwellings in the zone or district in which the apartment buildings or multifamily development is proposed, except in the LV, VC and LI Zones in accordance with ? 225-50.(i).

    (a) Any dwelling in the R-1 Zone existing prior to enactment of this chapter shall require 10,000 square feet for the first unit plus 2,000 square feet for each additional unit.

    (b) New multifamily developments built on lots vacated by the demolition of a single-family dwelling which existed prior to the enactment of this chapter shall not exceed the density required for single-family dwellings in the zone, except in the LV, VC and LI Zones in accordance with ? 225-50.(i).

    (c) New multifamily dwellings built in the R-1 Zone and connected to public sewer and water shall require 30,000 square feet of usable land for each two dwelling units.

    (d) New multifamily dwellings built in the R-2 Zone and connected to public sewer and water shall require 40,000 square feet of usable land for each two dwelling units.

    (e) New multifamily dwellings or apartments built in the Mixed Use Limited (MUL) Zone and connected to public sewer and water must have a minimum of 12,500 square feet of lot for each dwelling unit.

    (f) New multifamily dwellings built in the CC, RCU, MUC, LV, MV, VC, and LI Zones shall be connected to public sewer and water and shall have a minimum

    lot area of at least the minimum lot size for the first unit plus 1/2 of the minimum lot size of usable land for each additional unit. [Added 5?17-2000 STM, Art. 15EN]

    (g) New multifamily developments of more than eight dwelling units must be designed according to the cluster principles as found in this chapter or as a planned development if planned developments are permitted in the zone. (h) New multifamily developments located in the R4 Zone shall be connected to

    public sewer and water and shall be allowed at the density specified in the

    Topsham Annex Reuse Master Plan, in the areas so identified. In those areas of

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