SECTION 402.19 PURPOSE AND LAND USE CONTROLS:
The following pages state the purpose and land use regulations for the zoning districts of this Ordinance. No structure or land shall hereafter be used or occupied, and no structure or portion thereof shall be erected, moved, constructed, reconstructed, extended, enlarged or altered unless in conformity with the regulations herein specified for the Zoning District in which it is located. In addition, no permit shall be issued under this Ordinance unless the application complies with the requirements of Section 601.19 of the Town s Administrative Code Ordinance.
Aquifer Overlay Zone requirements apply concurrently with the requirements for any underlying zoning district. Where a conflict exists between the Overlay zone, or any other provision or ordinance, and the underlying zoning district requirement, the more restrictive requirement shall apply except as expressly provided for in the VAP district.
A. Site plan approval, in accordance with the provisions of this Ordinance shall be required for the following activities:
1. Proposals for new construction of non-residential buildings or structures, including accessory buildings or structures having a total floor area of more than two thousand (2000) square feet.
2. Proposals to enlarge non-residential buildings or structures, including accessory buildings or structures by more than two thousand (2000) square feet of ground floor area.
3. Proposals for new construction of multi-family dwellings or for conversion of single-family or two-family dwellings to multi-family use, or for enlargement of multi-family dwellings either by the addition of units within an existing structure or expansion of the structure to accommodate new units.
4. Proposals to convert residential structures to non-residential uses.
5. For uses listed in the Zoning Ordinance of the Town of Gray as requiring site plan review.
6. Proposals to pave, strip, grade or remove earth materials from vegetated areas of more than ten thousand (10,000) square feet.
B. No building permit shall be issued for multi-family residential, commercial, industrial and institutional projects as listed in (A) above until the plans, drawings, sketches and other documents required under this Section have been reviewed and approved by the Planning Board.
SECTION 402.20 RURAL RESIDENTIAL AND AGRICULTURAL DISTRICT “RRA”:
A. Purpose:
The Rural Residential and Agricultural District is located in the most rural and sparsely populated sections of the Town, and extends beyond the areas of Gray that may reasonably be serviced by public water and sewer. It is the intent of this district to encourage low density development which will enhance, reinforce and protect the rural/open space environment currently characterizing these areas of the Town.
B. Permitted Uses: *
1. Accessory Uses and Structures
2. Animal Husbandry (Provided animals will not constitute a nuisance to Abutters.)
3. Cemeteries
4. Churches
5. Day Care Facilities for Five (5) or fewer clients.
6. Farm Stands (Subject to the provisions of Article, Section 402.28-7)
7. Garage Sales
8. General Agriculture
9. Home Occupations
10. Mobile Vendor (Subject to the provisions of Chapter 212)
11. Schools
12. Single-Family Dwellings
13. Timber Harvesting
14. Two-Family Dwellings
* Some permitted uses may require Planning Board approval for Site Plan Review i.a.w. Section 402.19.A&B of the Zoning Ordinance and Hazardous Material review i.a.w. Chapter 204 of the Hazardous Materials Control Ordinance
.
C. Allowed Uses Requiring Site Plan Review:
1. Accessory Apartments
2. Airports, subject to the provisions of Section 402.15.2.
3. Bed and Breakfast Establishments to a maximum of five (5) guest rooms.
4. Campgrounds
5. Commercial Recreation, Indoor and Outdoor
6. Cluster Housing
7. Day Care Facilities for Six (6) or more
8. Expansion of Nonconforming Uses
9. Flea Markets, Open Air Markets
10. Headquarters for Contracting Business (1)
11. Heliports, subject to the provisions of Section 402.15.2.
12. Mechanical Repair Garages
13. Medical Facilities
14. Mineral Exploration, Excavation and Removal of Lands Activities regulated by Section 402.29.
15. Motels, not to exceed ten (10) rental rooms
16. Municipal Uses and Buildings
17. Nursing and Convalescent Homes
18. Public Assembly, Indoor and Outdoor
19. Public Utilities
(1) A maximum of 1500 square feet of the building exclusive of the residence shall be used. There shall be no more than two commercial vehicles kept outside garage overnight. Outdoor storage is prohibited unless concealed from view by a screen ornamental in design or conforming to the design of the building.
D. Space Standards:
1. Minimum Lot Size: 80,000 sq. ft.
2. Minimum Street Frontage: 200 ft.
3. Maximum Building Height: 35 ft.
4. Minimum Setback Front: 50 ft.
Side: 25 ft., except 15 feet on one side only
for all conforming lots of records.
Rear: 50 ft.
3. Maximum Floor Area/Lot Area Ratio: 10%
4. Minimum Land Are per Dwelling Unit: 40,000 sq. ft.
The applicant shall also furnish the Code Enforcement Officer with a plot plan showing the boundary lines of the lot proposed and the location of any structure, and also showing the sewage disposal area, driveway location and proposed well.
The application shall also furnish the Code Enforcement Officer with reliable information relating to soils tests conducted in the sewage disposal area, in accordance with any applicable state or Local law, code, or regulation and must demonstrate that soil conditions are suitable for the absorption of waste materials from septic tanks. The results of the soil tests shall be submitted on the HHE 200 form or Maine Department of Environmental Protection, whichever is applicable.
Except for impervious surfaces, buildings height, minimum lot size, street frontage and land area per dwelling unit, the Board of Appeals may reduce the above space standards by an amount not to exceed
10% upon an applicant s satisfaction of the miscellaneous appeal standards contained in Section 402.32(B)(3).
SECTION 402.21 BUSINESS DEVELOPMENT DISTRICT “BD”:
A. Purpose:
This district is located in areas of the community which are most suited for larger scale business activities such as business parks, warehouses, and manufacturing. The purpose of this district is to allow more intense business uses, while protecting the public health and safety, environmental quality and economic well-being of the Town of Gray. Businesses in this area must also maintain the rural character of the community. Community services and road access were important criteria for selecting such areas.
B. Permitted Uses: *
1. Accessory Apartments (subject to Section 402.15.1)
2. Accessory Uses and Structures
3. Bed and Breakfast Establishments to a maximum of five (5) guest rooms
4. Churches
5. Construction Services (1)
6. Day Care Facilities for Five (5) or Fewer Clients
7. Farm Stands (Subject to the provisions of Article V, Section 402.28-7)
8. Garage Sales
9. General Agriculture
10. Headquarters for a Contracting Business (2)
11. Home Occupations
12. Light Manufacturing, without hazardous materials as defined by 38 M.R.S.A. 1362
13. Medical Facilities (1)
14. Mineral Exploration (Activities regulated by Section 402.29)
15. Mobile Vendor (Subject to the provisions of Chapter 212)
16. Offices
17. Repair Service
18. Retail Trade
19. Single-Family Dwelling
20. Timber Harvesting
21. Two-Family Dwelling
22. Warehousing
* Some Permitted uses may require Planning Board approval for Site Plan Review i.a.w. Section 402.19.A&B of the Zoning Ordinance and Hazardous Material review i.a.w. Chapter 204 of the Hazardous Materials Control Ordinance.
(1) The construction, expansion or utilization of facilities to handle, store or dispose of hazardous materials shall be reported to the permitting authority for approval.
(2) A maximum of 1500 square feet of the building exclusive of the residence shall be used. There shall be no more than two commercial
vehicles kept outside garage overnight. Outdoor storage is prohibited unless concealed from view by a screen ornamental in design or conforming to the design of the building.
C. Allowed Uses Requiring Site Plan Review:
1. Adult Businesses
2. Airports, subject to provisions of Section 402.15.2.
3. Animal Husbandry (provided animals will not constitute a nuisance to abutters)
4. Auto Body Shop
5. Auto Repair Garage
6. Auto Service Station
7. Cluster Housing Single-Family and Two-Family (subject to provisions of Article II, Section 402.12.)
8. Commercial Recreation, Indoor or Outdoor
9. Day Care Facilities for Six (6) or more
10. Drinking Establishments
11. Expansion of Non-conforming Uses
12. Flea Markets, Open Air Markets
13. Heliports, subject to provisions of Section 402.15.2.
14. Hotels and Motels
15. Manufacturing and Processing
16. Mineral Excavation and Removal of Lands Activities regulated by Section 402.29
17. Multiple family dwelling
18. Municipal Uses and Buildings
19. Nursing and Convalescent Homes
20. Planned Unit Development (subject to provisions of Article II, Section 402.12.1)
21. Personal Services
22. Public Assembly, Indoor
23. Public Assembly, Outdoor
24. Public Utilities
25. Research Facilities, Without Hazardous Materials as defined by 38 M.R.S.A. 1362
26. Trucking Terminals
27. Wholesale Trade
28. Mini-Warehousing
D. Prohibited Uses:
The following types of manufacturing shall be prohibited in the Business Development Zone: namely, tanneries, glue factories, fertilizer plants, cement plants, asphalt processing plants, oil refineries, soap or fat rendering plants, fish processing plants, stockyards, artificial gas manufacturing plants and rubber manufacturing plants, nor shall the property be used as a place for storage of scrap metal or other used materials commonly classified as junk. All manufacturing and processing conducted by any owner or lessee shall be conducted entirely within the enclosed area of buildings, provided, however, that if outside processing is unavoidable, it shall be concealed from view by a screen ornamental in design or conforming to the design of the building.
E. Space Standards:
1. Minimum Lot Size: 80,000 sq. ft.
2. Minimum Street Frontage: 200 ft.
3. Maximum Building Height: As defined in Article I, Section 402.4.
4. Minimum Setback Front 50 ft.
Side: 25 ft., except 15 feet on one side only
For all non-conforming lots of record.
Rear: 50 ft.
5. Maximum Floor Area/Lot Area Ratio: 50% Ground Floor
6. Minimum Land Area per Dwelling Unit: 40,000 sq. ft.
7. Maximum Lot Coverage with
impervious surfaces: 50% , the Planning Board may authorize
an increase in impervious surface coverage
to a maximum of 65% provided that the
criteria 4, 5 and 6 established in Section
402.23.F of this Ordinance are met and
additional buffering is provided subject to
Section 402.28-1.
The applicant shall also furnish the Code Enforcement Officer with a plot plan showing the boundary lines of the lot proposed for the location of the structure, and also showing the sewage disposal area.
The applicant shall also furnish the Code Enforcement Officer with reliable information relating to soils tests conducted in the sewage disposal area in accord with any applicable State or local law, code or regulation and must demonstrate that soil conditions are suitable for the absorption of waste materials from septic tanks. The results of the soils tests shall be submitted on HHE 200 form or Maine Department of Environmental Protection permit, whichever is applicable.
The Board of Appeals may reduce the above space standards by an amount not to exceed 10% upon an applicant s satisfaction of the miscellaneous appeal standards contained in Section 402.32 (B)(3).
SECTION 402.22 MEDIUM DENSITY DISTRICT “MD”:
A. Purpose:
This district is located in areas, outside of the village center which are currently serviced by public water, with the exception of the area on Route 100 from Whitney Road, south to the Cumberland Town Line. Most of these areas are presently developed for predominantly residential uses. It is the intent of this district to recognize present relationships between land use and natural features by preserving the predominant residential character while allowing a somewhat denser development to occur than in other areas of the Town.
B. Permitted Uses: *
1. Accessory Uses and Structures
2. Church
3. Day Care Facilities for Five (5) or fewer clients
4. Farm Stands (Subject to the provisions of Article V, Section 402.28-7)
5. Garage Sales
6. General Agriculture
7. Home Occupations
8. Mobile Vendor (Subject to the provisions of Chapter 212)
9. Schools
10. Single-Family Dwelling
11. Timber Harvesting
12. Two-Family Dwelling
* Some permitted uses may require Planning Board approval for Site Plan Review i.a.w. Section 402.19.A&B of the Zoning Ordinance and Hazardous Material review i.a.w. Chapter 204 of the Hazardous Materials Control Ordinance.
C. Allowed Uses Requiring Site Plan Review:
1. Accessory Apartments
2. Bed and Breakfast establishments to a maximum of five (5) guest rooms)
3. Cluster Housing Single-Family, Two-Family, and Multi-Family (subject to provisions of Article II, Section 402.12)
4. Day Care Facilities for Six (6) or more.
5. Expansion of Non-conforming uses
6. Flea Markets, Open Air Markets
7. Headquarters for a Contracting Business (1)
8. Medical Facilities
9. Multiple Family Dwelling
10. Nursing and Convalescent Homes
11. Offices
12. Public Utilities
(1) A maximum of 1500 square feet of the building exclusive of the residence shall be used. There shall be no more than two commercial vehicles kept outside garage overnight. Outdoor storage is prohibited unless concealed from view by a screen ornamental in design or conforming to the design of the building.
D. Space Standards:
1. Minimum Lot Size: 40,000 sq. ft. when served by Town Water.
2. Minimum Lot Size: 80,000 sq. ft. when not served by Town Water.
3. Minimum Street Frontage: 150 ft.
4. Maximum Building Height: 35 ft.
5. Minimum Setback Front: 50 ft.
Side: 20 ft., except 15 feet on one side only
for all non-conforming lots of record.
Rear: 20 ft.
6. Maximum Floor Area/Lot Area Ratio: 15%
7. Minimum Land Area per Dwelling Unit: 20,000 sq. ft. when served with Town Water.
8. Minimum Land Area per Dwelling Unit: 40,000 sq. ft. when not served with Town Water.
The Board of Appeals may allow as a miscellaneous appeal the owner of a residential structure which is nonconforming as to front setback(s) to construct an addition extending, but not increasing the nonconforming setback distance, providing the residential structure is lawfully existing as of the effective date of this amendment; provided, further, that in no event shall such nonconforming setback be less than thirty five (35) feet in the front. This right of appeal shall override any stricter front setback requirements contained in the AOZ district.
The applicant shall also furnish the Code Enforcement Officer with a plot plan showing the boundary lines of the lot proposed for the location of any structure, and also showing the sewage disposal area.
The applicant shall also furnish the Code Enforcement Officer with reliable information relating to soils tests conducted in the sewage disposal area in accord with any applicable state or local law, code or regulation and must demonstrate that soil conditions are suitable for the absorption of waste
materials from septic tanks. The results of the soils tests shall be submitted on the HHE 200 form or Maine Department of Environmental Protection Permit, whichever is applicable.
The Board of Appeals may reduce the above space standards by an amount not to exceed 10% upon an applicant s satisfaction of the miscellaneous standards contained in Section 402.32(B)(3).
SECTION 402.23 AQUIFER OVERLAY ZONE “AOZ”:
A. Purpose:
It is the intent of this zone to protect the groundwater resources of Gray from contaminants which can reasonably be expected to accompany certain uses of land and thereby to preserve the quantity and quality of this resource for present and future use by individuals, industries, or public bodies.
ARTICLE IV AQUIFER OVERLAY ZONE AND ZONING DISTRICT REGULATIONS
This zone applies to all lands identified as aquifer overlay zones on the Town of Gray, Maine Zoning Map, to wit:
1. Aquifers, together with:
a. the surface of land lying above them, and
b. a surrounding protective strip, approximately 300 feet in width, so drawn that its bounds can definitely be established upon the site.
2. Recharge areas, defined by the extent of the sand and gravel deposits and the wetlands within them, that drain to the aquifer, together with:
a. a surrounding protective strip, approximately 100 feet in width, so drawn that its bounds can be established upon the site
b. the shorelands, within 100 feet of any water body which flows into the aquifer recharge area.
The AOZ boundary lines shown on the Zoning Map include the surrounding protective strips referred to in paragraphs 1 and 2.
B. Permitted Uses: *
1. Accessory Uses and Structures
2. Day Care Facilities for Five (5) or fewer clients.
3. Farm Stands (Subject to the provisions of Article V, Section 402.28-7)
4. Garage Sales
5. General Agriculture (i.a.w. Best Management Practices)
6. Mobile Vendor (Subject to the provisions of Chapter 212)
7. Single Family Dwelling
8. Two-Family Dwelling
* Some permitted uses may require Planning Board approval for Site Plan Review i.a.w. Section 402.19.A&B of the Zoning Ordinance and Hazardous Material review i.a.w. Chapter 204 of the Hazardous Materials Control Ordinance.
C. Allowed Uses Requiring Site Plan Review:
1. Accessory Apartments
2. Airports, subject to provisions of Section 402.15.2.
3. Animal Husbandry on parcels of four (4) or more acres, provided that animals on such parcels will not constitute
a nuisance to the abutters.
4. Bed and Breakfast establishments to a maximum of five (5) guest rooms (4)
5. Cemeteries
6. Church
7. Cluster Housing Single-Family, Two-family, and Multi-family, subject to the provisions of Article II, Section
402.12.
8. Commercial Recreation, Indoor and Outdoor
9. Day Care Facilities for Six (6) or more
10. Expansion of Non-conforming Uses (4)
11. Headquarters for a Contracting Business (2)
12. Heliports, subject to the provisions of Section 402.15.2.
13. Home Occupation
14. Offices (3)
15. Private Assembly
16. Public Utilities
17. Repair Services (3)
18. Retail Trade
19. Schools
20. Timber Harvesting (i.a.w. Best Management Practices) (1)
21. Notwithstanding anything to the contrary in Section 402.23 (C)(10) note 4, Section 402.23 (D)(3) or Section 402.29(I), excavation of sand, gravel or fill from land contiguous with, or directly across a public road from, a gravel pit in lawful operation without discontinuance under this ordinance from June 2, 1994 or earlier and which had site plan approval for excavation of such land on or before January 1, 1999.
(1) Timber Harvesting Activities within the AOZ shall require marking and supervision by a registered forester.
(2) A maximum of 1500 square feet of the building exclusive of the residence shall be used. There shall be no more than two (2) commercial vehicles kept outside garage overnight. Outdoor storage is prohibited unless concealed from view by a screen ornamental in design or conforming to the design of the building.
(3) Auto/Mechanical Repair Garage, Personal and Repair Services requiring the use of hazardous material, as defined in 38 M.R.S.A. Section 1362(1), such as, but not limited to, dry cleaning, photographic studios, including on-site development, beauty shops and barber shops are not permitted as site plan uses within this zone.
(4) No non-conforming mineral exploration, excavation or other use regulated by paragraph C (10) shall be extended to other land or parts of the land unless that other land or parts of the land were manifestly arranged or designed for such use prior to 7/4/85, the effective date of Section 402.29.
D. Prohibited Activities:
(not to imply that such activities are permitted elsewhere)
1. Disposal of solid wastes (except brush and stumps), leachable wastes (except subsurface disposal of domestic
sewage) and sludge.
2. Storage of leachable wastes or solid wastes, provided that operation of a properly functioning and otherwise
lawful septic system shall not be prohibited hereby.
3. Mining or excavation in excess of ten (10) cubic yards other than excavation for permitted uses or approved
site plan uses.
4. There shall be no spraying of pesticides and herbicides, or application of de-icing chemicals, except sand with
a salt content of no more than ten (10) percent. The application of pesticides and herbicides to farmland and
utility easements for maintenance of undergrowth shall be in compliance with State regulations. Homeowners
undertaking normal gardening activities are exempt from this provision.
5. Animals feedlots and manure and manure sludge application to land other than in accordance with the ”Maine
Guidelines for Manure and Manure Sludge Disposal on Land” (Maine Soil and Water Conservation Commission)
as amended from time to time.
6. Storage of Petroleum or Gasoline in excess of fifty (50) gallons except for such storage necessary for petroleum
use on site as a fuel. All underground tanks shall be covered by leakage/spill insurance. Only double
containment tanks shall be used when new and/or replacement tanks are installed.
E. Space Standards:
1. Minimum Lot Size: 4 acres
2. Minimum Frontage: 200ft.
3. Maximum Building Height: 35 ft.
4. Minimum Setback: Front: 50 ft.
Side: 25 ft. except 15 feet on one side only
For all nonconforming lots of record.
Rear: 50 ft.
5. Minimum Land Area per Dwelling Unit: 4 acres
6. Maximum Lot Coverage with
impervious surfaces: 10%, provided that the Planning Board
may authorize an increase in impervious
cover to a maximum of 30% of a lot
provided that the criteria established in
Section 402.23.F of this Ordinance are met.
The applicant shall also furnish the Code Enforcement Officer with a plot plan showing the boundary lines of the lot proposed for the location of any structure, and also showing the sewage disposal area.
The applicant shall also furnish the Code Enforcement Officer with reliable information relating to soils tests conducted in the sewage disposal area in accordance with any applicable State or local law, code or regulation, and must demonstrate that soil conditions are suitable for the absorption of
waste materials from septic tanks. The results of the soils tests shall be submitted on the HHE 200 form or Maine Department of Environmental Protection Permit, whichever is applicable.
Except for impervious surfaces, building height, minimum lot size, street frontage and land area per dwelling unit, the Board of Appeals may reduce the above space standards by an amount not to exceed 10% upon an applicant s satisfaction of the miscellaneous appeal standards contained in Section 402.32(B)(3).
F. Variances in Space Standards:
Notwithstanding any other provision of this Ordinance to the contrary, there shall be no variances granted in the AOZ exceeding a 15% reduction in minimum lot size or minimum land area per dwelling unit in a conforming lot of four or more acres. There shall be no variances granted in this
zone reducing the minimum lot size or minimum land area per dwelling unit in undersized lots of less than four acres.
The Planning Board may authorize an increase in the allowable lot coverage with impervious surfaces to a maximum of 30% of a lot (except for areas within four hundred (400) feet from the
springs and well site controlled by the Gray Water District), provided that the Board finds that criteria established in paragraphs 1-6 below have been met. Evidence as to whether the criteria below have been met shall be submitted by the applicant in the form of a stormwater management plan prepared by a qualified registered professional engineer and a hydrogeologic analysis prepared by a certified geologist. The Planning Board shall, when deemed necessary to determine compliance with the criteria contained in this section, retain the services of the Town s Consulting Engineer; the cost of such services to be covered by the applicant:
1. Recharge to the aquifer shall not be significantly impaired. To avoid reduction in recharge, the ground surface of the site in question shall be modified so as to create recharge swales and/or recharge dry wells. Swales and dry wells shall be designed to accept storm water from a twenty-four (24) hour, ten (10) year storm, falling on the total area of impervious surface and the area of the swale itself.
2. Storm water runoff shall be satisfactorily infiltrated into the aquifer. Wetland conditions shall not be created in recharge swales. Test pit logs, water level readings from wells or piezometer or other climatological date shall determine that the bottom of recharge swales and/or dry wells will not intersect the seasonal high water level.
3. For the purposes of encouraging recharge, evaporation of impounded storm water shall be minimized. Surface and subsurface soil permeabilities shall be sufficient to drain runoff generated by the twenty-four (24) hour, ten (10) year storm within a period of seven (7) days.
4. The hydrogeologic analysis shall provide evidence that the resultant water quality of the runoff due to the increased impervious cover will not be degraded over existing, predevelopment conditions.
5. Storm water runoff from unusually severe storm events shall not cause erosion of man-made drainage features. Culverts and drainage ditches shall be designed to accommodate the twenty-four (24) hour, fifty (50) year storm.
| 
