An Ordinance to Amend the Kittery Land Use and Development Code
To Create a New “Business Park” (BP) Zoning District
August 30, 2007
(This document incorporates suggested revisions from the June 28, 2007 Workshop)
(Note: Language proposed to be inserted is indicated by underlining. Language proposed to be removed is indicated by a strikeout line. All other portions of the ordinance are proposed to remain unchanged. The symbol “* * * * *” indicates that a portion of the code, which is not proposed to be changed, is not shown below, in order to save space.)
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Chapter 16.08
DEFINITIONS
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16.08.020 Definitions.
As used in this title:
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Cluster mixed use development means a subdivision, with residential and commercial elements in mixed-use or single-use buildings, in which the dimensional requirements are reduced below that normally required in the zoning district in which the development is located in return for the provision of traffic improvements, utility extensions, and permanent open space owned in common by lot/unit owners, the town, or a land conservation organization, as well as other environmental enhancements.
Cluster residential development means a residential subdivision in which the dimensional requirements are reduced below that normally required in the zoning district in which the development is located in return for the provision of permanent open space owned in common by lot/unit owners, the town, or a land conservation organization, and, other environmental enhancements.
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Chapter 16.12
ZONING REGULATIONS
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16.12.105 Business Park---BP.
The business park district, extends along the west side of I-95, between Dennett Road and Route 236. For the exact boundaries of the district, refer to the zoning map of the Town of Kittery, the official shoreland zoning map, and Section 16.12.030 of the land use and development code.
A. Purpose. To provide a high quality park-like setting for the unified development of a mixed use campus for offices, retail sales, services, lodging, housing and light manufacturing space as described in the comprehensive plan.
B. Permitted Uses.
1. The following uses are permitted uses in the BP district:
a. School (including day nursery), hospital, municipal or state building or use, church, or any other institution of educational, religious, philanthropic, fraternal, political or social nature, which is not used for residential occupancy;
b. Public open space recreational uses, recreational facilities, and selected commercial recreation;
c. Accessory uses and buildings including minor or major home occupations;
d. Business and professional offices;
e. Mass transit station;
f. Commercial parking lot or parking garage;
g. Retail uses and wholesale businesses excluding used car lots and junkyards;
h. Service establishments;
i. Public utility facilities including substations, pumping stations, and sewage treatment facilities;
j. Restaurant;
k. Veterinary hospital;
l. Motel, hotel, rooming house, inn;
m. Art studio/gallery;
n. Grocery, food store, convenience store;
o. Day care facility;
p. Business service;
q. Personal service;
r. Research and Development
s. Shops in pursuit of trade
t. Building materials and garden supply;
u. Conference center;
v. Place of public assembly, including theater;
w. Repair services;
x. Mechanical services, excluding junkyard.
y. Transportation terminal excluding truck stops;
z. Warehousing and storage;
aa. Manufacturing operations that conform with the provisions of Chapter 16.32;
bb. Light Industry
C. Uses Permitted in a Cluster Mixed Use Development
1. The following uses are permitted in the BP District, in addition to those listed in section B above, when located within a Cluster Mixed Use Development:
a. Dwellings, in a duplex or multi-unit residential configuration, excluding manufactured housing;
D. Prohibited Uses. Any use not listed as a permitted use or a use permitted in a Cluster Mixed Use Development is prohibited in the district.
E. Standards.
1. All development and the use of land in the BP district must conform to the following standards. The town of Kittery’s Design Handbook illustrates how these standards can be met. In addition, the design and performance standards of Chapter 16.32 must be observed.
a. Parking. All new or revised nonresidential parking must be visually screened through the use of landscaping, earthen berms, and/or fencing from adjacent public streets or residential properties (See the Design Handbook for appropriate examples).
b. Building Design Standards. Kittery’s characteristic buildings reflect its historic seacoast past. The primary architectural styles are New England Colonial (such as Cape Cod and saltbox), Georgian, Federal, and Classical Revival. New buildings must be compatible with Kittery’s characteristic styles in form, scale, material, and color. In general, buildings should be oriented to the street with the front of the building facing the street. The front or street facade must be designed as the front of the building. The front elevation must contain one or more of the following elements: (1) a “front door” although other provisions for access to the building may be provided, (2) windows, or (3) display cases (See Design Handbook for examples of acceptable materials
and designs). Strict imitation is not required. Design techniques can be used to maintain compatibility with characteristic styles and still leave enough flexibility for architectural variety. To achieve this purpose, the following design standards apply to new and modified existing building projects:
i. Exterior Building Materials and Details. Building materials and details strongly define a project’s architectural style and overall character (See Design Handbook for examples of acceptable materials, building scale, and designs). “One-sided” schemes are prohibited; similar materials and details must be used on all sides of a building to achieve continuity and completeness of design. Predominant exterior building materials must be of good quality and characteristic of Kittery, such as horizontal wood board siding, vertical wood boards, wood shakes, brick, stone or simulated stone, glass and vinyl, or metal clapboard.
ii. Roofs. A building’s prominent roofs must be pitched a minimum of 4:12 unless demonstrated to the planning board’s satisfaction that this is not practicable. Acceptable roof styles are gabled, gambrel, and hipped roofs. Flat roofs, shed roofs, and roof facades (such as “stuck on” mansards) are not acceptable as prominent roof forms except as provided above. The roof design must screen or camouflage rooftop protrusions to minimize the visual impact of air conditioning units, air handler units, exhaust vents, transformer boxes, and the like (See Design Handbook for examples of appropriate treatments).
iii. Loading Docks and Overhead Doors. Loading docks and overhead doors must be located on the side or rear of the building and screened from view from adjacent properties in residential use.
c. Landscaping Standards. To achieve attractive and environmentally sound site design, and appropriate screening of parking areas, in addition to the landscaping standards contained in Chapter 16.32, the following landscaping requirements apply to new and modified existing developments:
i. Landscape Planter Strip. A vegetated landscape planter strip must be provided a minimum of thirty (30) feet in depth adjacent to the right-of-way of all public roads and include the following landscape elements:
(A) Ground Cover. The entire landscape planter strip must be vegetated except for approved driveways, walkways, bikeways, and screened utility equipment.
(B) Street Side Trees. A minimum of one street tree must be planted for each twenty-five (25) feet of street frontage. The trees may be spaced along the frontage or grouped or clustered to enhance the visual quality of the site (See Design Handbook for examples). The trees must be a minimum 2.5 inch caliper, and be at least twelve (12) feet high at the time of planting. The species should be selected from the list of recommended street trees in the Design Handbook. Existing large healthy trees must be preserved if practical and will count toward this requirement.
(C) Planter Strip. Shrubs and flowering perennials must be planted at a minimum of ten (10) plants per forty (40) linear feet of street frontage unless existing woodlands are being retained or such planting is inconsistent with the retention of rural landscape features. The plant material should be selected from the list of recommended materials in the Design Handbook. The plants must be placed within the planter strip to enhance the visual character of the site and augment natural features and vegetation (See Design Handbook for examples of appropriate treatments).
ii. Outdoor Service and Storage Areas. Service and storage areas must be located to the side or rear of the building. Facilities for waste storage such as dumpsters must be located within an enclosure and be visually buffered by fencing, landscaping, and/or other treatments (See Design Handbook for examples of appropriate buffering).
d. Traffic and Circulation Standards. Sidewalks and roadways must be provided within the site to internally join abutting properties that are determined by the planning board to be compatible. In addition, safe pedestrian route(s) must be provided to allow pedestrians to move within the site and between the principal customer entrance and the front lot line where a sidewalk exists or will be provided or where the planning board determines that such a route is needed for adequate pedestrian safety and movement (See Design Handbook for appropriate examples).
e. Open Space Standards. Open space must be provided as a percentage of the total area of the lot, including freshwater wetlands, water bodies, streams, and setbacks. Twenty-five percent (25%) of each lot must be designated as open space. Required open space must be shown on the plan with a note dedicating it as “open space.” The open space must be located to create an attractive environment on the site, minimize environmental impacts, protect significant natural features or resources on the site, and maintain wildlife habitat. Individual large, healthy trees and areas with mature tree cover should be included in the open space. Where possible, the open space must be located to allow the creation of continuous open space networks in
conjunction with existing or potential open space on adjacent properties. The required amount of designated open space is reduced to fifteen percent (15%) of each lot that is less than one hundred thousand (100,000) square feet in size.
2. The following space standards apply in the BP District
Minimum land area per dwelling unit 10,000 square feet, with sewer service
20,000 square feet, without sewer service
Minimum lot size 120,000 square feet
Minimum street frontage 150 feet
Minimum front yard 50 feet
Minimum rear and side yards 30 feet
except as may be required by the buffer provisions of this title, and except where the side and/or rear yards of the proposed nonresidential use abut a residential district or use, in which case a minimum of forty (40) feet shall be required.
Maximum building height 40 feet
Minimum setback from streams,
water bodies and wetlands in accordance with
Table 16.12 set out at
the end of Chapter 16.12 and
Section 16.32.490(N)
Maximum building and outdoor stored material coverage 50 percent
3. In the case of cluster mixed use developments, the above standards may be modified in accordance with special provisions of Article XIII of Chapter 16.32, and with the condition that:
a. Public Sewerage and public water services shall be provided.
b. A minimum land area of one-hundred (100) contiguous acres shall be provided.
c. The development shall include a street that connects Route 236 to Route 103.
d. No more than 33% of the gross leasable floor space of all buildings shall be devoted to a residential use.
e. No more than 33% of the gross leasable floor space of all buildings shall be devoted to a retail use.
f. Maximum building height may be increased from 40 to 60 feet, subsequent to such time as the Town of Kittery Fire Department is equipped with its own 100-foot Ladder Truck.
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Chapter 16.32
DESIGN AND PERFORMANCE STANDARDS
Sections:
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Article XIII. Clustered Residential Development
16.32.640 Encouragement.
16.32.650 Dimension modifications.
16.32.660 Property ownership.
16.32.670 Application procedure.
16.32.680 Standards.
16.32.690 Dedication and maintenance of common open space and facilities.
16.32.700 Performance guaranty.
Article XIII. Clustered Residential or Cluster Mixed Use Developments
16.32.640 Encouragement.
These provisions are to encourage and allow:
A. New concepts and innovative approaches to housing and environmental site design for residential or mixed use projects so that development will be a permanent and long-term asset to the town;
B. Preservation of open space and creation of recreation areas;
C. An environment in harmony with the natural features of the land, water and surrounding development; and
D. Efficient use of the land and water, with small networks of utilities and streets.
(Land use and dev. code §~8.13.1, 1994)
16.32.645 Permitted Districts
A. Cluster Residential Developments are permitted in various districts as indicated in section 16.12.
B. Cluster Mixed Use Developments are permitted only in the Business Park (BP) District.
16.32.650 Dimension modifications.
Notwithstanding other provisions of this title relating to dimensional requirements, the planning board, in reviewing and approving proposed a residential or mixed use development under this section, may modify said dimensional requirements to permit flexibility in approaches to housing and environmental site design in accordance with the standards in this chapter. The board may allow subdivision development with modified dimension requirements where the board determines that the benefits of the clustered approach is consistent with this section. Such modifications shall may not be construed as granting variancests to relieve hardship. (Land use and dev. code §~8.13.2, 1994)
16.32.660 Property ownership.
Tracts or parcels of land involved in developments proposed under this section must be in single ownership; or, must be the subject of an application filed jointly by the owners of all properties included; or, must have an applicant with vested interest in all property included. Pursuant to the requirements of this section, mobile- home parks or mobilehomes on individual lots shall be deemed are not eligible for clustered residential development treatment. (Land use and dev. code §~8.13.3, 1994)
16.32.670 Application procedure.
A. The developer shall submit a written application to the board for a cluster development.
1. Two sketch plans shall be submitted, with one layout as a standard subdivision and the second as a cluster development, indicating open space and significant natural features.
2. Each lot in the standard subdivision shall must meet the minimum dimensional requirements of this title.
3. If not serviced by public sewer each lot must have an area suitable for subsurface wastewater disposal according to the Maine Subsurface Wastewater Disposal rules.
4. Roadways in the standard subdivision shall must meet the streets site design standards of this chapter.
5. Constraints to development, such as, but not limited to, wetlands, resource protection zones, deer wintering areas, slopes in excess of thirty-three (33) percent, easements, rights-of-way, existing roads, existing structures, et cetera, shall must be shown on both plans.
6. The number of buildable lots or dwelling units for the clustered plan residential or mixed use development shall must not exceed the number of lots or dwelling units in the subdivision plan multiplied by the clustered residential density bonus multiplier. The multiplier used shall be is that found for the appropriate zoning district contained in Chapter 16.12.
7. Estimated costs of infrastructure development (e.g., roads, utilities) shall must accompany the plans.
8. The written statement shall must describe the natural features which will be preserved or enhanced by the cluster approach. Natural features include, but are not limited to, moderate-to-high value wildlife and waterfowl habitats, important agricultural soils, moderate-to-high yield aquifers and important natural or historic sites worthy of preservation.
9. The written statement shall must also compare the impacts upon the town from each plan. Impact areas include, but are not limited to, municipal cost for roads, school bussing, solid waste removal, utility efficiencies, recreational opportunities, protection of flood water storage areas, environmental impacts on sensitive lands caused by construction activities, underground utilities, reclamation of land, and provision for conservation use.
B. Within ten (10) days of the planner’s acceptance of a complete application for a clustered residential or cluster mixed use development status, the board chairperson shall invite comments from the conservation commission, other appropriate town agencies and department heads. Within thirty (30) days of planner’s acceptance, the board shall determine whether to allow the subdivision to be developed in accordance with this section. (Land use and dev. code §~8.13.4, 1994)
16.32.680 Standards.
A. The purpose and intent of this title shall must be upheld for any reviews conducted under this section.
B. Cluster developments shall must meet all requirements for a subdivision and all other applicable federal, state and local ordinances, except as modified by action of the board, where authorized.
C. Each building shall must be an element of an overall plan for site development. Only developments having a total site plan for structures will be considered.
D. Unless a community sewage collection and treatment system is provided, no lot shall may be smaller than twenty thousand (20,000) square feet.
E. Open space calculations are made as follows:
1. When building lots are created, the total area of the reserved open space within the development shall must equal, or exceed, the sum of the areas by which any building lots are reduced below the minimum lot area normally required in the zone.
2. When the land is held in common and not divided into building lots, the total area of the reserved open space shall must equal, or exceed, fifty (50) percent of the total acreage being proposed for development in a cluster residential development, or must equal, or exceed, twenty-five (25) percent of the total acreage being proposed for development in a cluster mixed use development.
3. No less than thirty (30) percent of the reserved open space shall be “usable open space.” in a cluster residential development. No less than thirty (15) percent of the reserved open space shall be “usable open space.” in a cluster mixed use development. The term “usable open space” refers to land which, due to its topographic and drainage characteristics is suitable for use as active or passive recreation, or for agriculture.
4. Open space shall must also be for preserving large trees, tree groves, woods, ponds, streams, glens, rock outcrops, native plant life, and wildlife cover.
5. The use of any open space may be further limited or controlled at the time of final approval, where necessary to protect adjacent properties or uses.
6. Residual open space shall must be dedicated to the recreational amenity and environmental enhancement of the development, and shall must be recorded as such. Such dedications may include private covenants or arrangements to preserve the integrity of open spaces and their use for agricultural or conservation purposes.
F. In a cluster mixed use development: , residential lots or dwelling unit approved with modified dimensional standards shall must be within one thousand (1,000) linear feet of the reserved open space; commercial lots or structures approved with modified dimensional standards must be within twenty-five hundred (2,500) linear feet of the reserved open space.
G. No individual lot or dwelling unit shall shall have direct vehicular access onto a public road exsting at the time of development.
H. Where cluster development abuts a body of water, a usable portion of the shoreline, as well as reasonable access to such body, shall shall be a part of the commonly held land.
I. The developer shall take into consideration the following points, and shallshall illustrate the treatment of buildings, structures, spaces, paths, roads, service and parking areas and other features required in this proposal:
1. Orientation. Buildings and other improvements shall must respect scenic vistas and natural features.
2. Streets. Access from public ways, internal circulation and parking shall must be designed to provide for vehicular and pedestrian safety and convenience, emergency and fire equipment, snow clearance, street maintenance and delivery and collection services. Streets shall must be laid out and constructed consistent with the street site design standards of this chapter.
3. Drainage. Adequate provision shall be made for storm waters, with particular concern for the effects of any effluent draining from the site. Erosion resulting from any improvements on the site shall must be prevented by landscaping or other means.
4. Sewage Disposal. Adequate provision shall must be made for sewage disposal and shall take into consideration soil conditions and potential pollution of surface and groundwaters.
5. Water Supply. Adequate provision shall must be made for both ordinary use as well as special firefighting needs. The board may require construction of storage ponds and dry hydrants. The location of wells shall must be shown on the plan. Where wells are to be used for domestic water and subsurface wastewater systems are proposed, hydrologic evidence is to be presented, attesting to the suitability of the location of the wells and systems.
6. All utilities are to be installed underground, wherever possible. The board shall must require the developer to adopt a “prudent avoidance” approach when permitting aboveground electrical service installations. Transformer boxes, pumping stations and meters shall must be located so as not to be unsightly or hazardous to the public.
7. Recreation. Facilities shall must be provided consistent with the development proposal.
8. Buffering. Planting, landscaping, disposition and form of building and other improvements, or fencing and screening shall must be utilized to integrate the proposed development with the landscape and the character of any surrounding development.
9. Disposition of Buildings. Shall The design and placement of buildings must recognize the need for natural light and ventilation.
10. Shoreline Protection. No site clearing or development operations shall must take place within the resource protection zone or within one hundred (100) feet of coastal wetlands, except as necessary for passive recreation.
J. The location of subsurface wastewater disposal systems and an equivalent reserve area for replacement shall must be shown on the plan. The reserve areas shall must be restricted so as not to be built upon. The report of a site evaluator, licensed by the state of Maine, shall must accompany the plan. If the subsurface disposal system is an engineered system, approval from the Maine Department of Human Services, Division of Health Engineering and the municipal plumbing inspector shall must be obtained prior to planning board approval. (Land use and dev. code §~8.13.5, 1994)
16.32.690 Dedication and maintenance of common open space and facilities.
A. Common open space shall must be dedicated upon approval by the board of the final plan for the project. There shall may be no further subdivision of this land, which shall may be used only for noncommercial recreation, agriculture or conservation. However, easements for public utilities, or structures accessory to noncommercial recreation, agriculture or conservation may be permitted.
B. The common open space(s) shall must be shown on the development plan with appropriate notation on the face thereof to indicate that:
1. The common open apace shall may not be used for future building lots; and
2. A part or all of the common open space may be dedicated for acceptance by the town.
C. If any, or all, of the common open space is to be reserved for ownership by the residents, the bylaws of the proposed homeowner’s association shall must specify maintenance responsibilities and shall must be submitted to the planning board prior to approval.
D. Covenants for mandatory membership in the association, setting forth the owners’ rights and interest and privileges in the association and the common land, shall must be reviewed by the planning board and included in the deed for each lot.
E. The homeowner’s association shall have the responsibility of maintaining the common open space(s), and other common facilities unless and until accepted by the town.
F. The association shall levy annual charges against all property owners to defray the expenses connected with the maintenance of open space, other common and recreational facilities and town assessments. The planning board may require an initial capital fired fund for the association to be paid by the developer to cover replacement costs of major facilities.
G. The developer shall maintain control of such open space(s) and be responsible for their maintenance until development sufficient to support the association has taken place. Such determination shall be made by the planning board upon request of the homeowner’s association or the developer. (Land use and dev. code §~8.13.6, 1994)
16.32.700 Performance guarantyee.
The applicant shall file with the town, as a condition for approval of the final plan, a performance guarantyee in a form acceptable to the town manager. The amount shall must be at least equal to the total cost of furnishing, installing, connecting and completing all street grading, paving, storm drainage and utilities and other improvements specified in the final plan, and shall guarantyee the satisfactory completion of all specified improvements.
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Chapter 16.36
DEVELOPMENT APPLICATION AND REVIEW
16.36.080 Final approval.
A. Official Approval.
1. After considering all submissions, evidence and testimony in accordance with the requirements of all applicable state and municipal codes, the board shall make a finding of facts and take formal action as required in this title.
2. A plan shall be deemed to have final approval only when the board has indicated approval by formal action and the plan has been properly signed by a majority of the board members.
B. Plan Phasing. At the time the board grants final plan approval, it may permit the plan to be divided into two or more sections subject to any conditions the board deems necessary in order to insure the orderly development of the plan. The applicant may file a section of the approved plan with the municipal officers and the York County registry of deeds if said section constitutes at least ten (10) twenty-five (25) percent of the total number of lots, or for plans including buildings, twenty-five (25) percent of the gross leaseable area, contained in the approved plan. In the case of cluster mixed use developments, the board may permit the plan to be divided into phases, subject to any conditions deemed necessary, to assure that a reasonable
mixture of uses is completed within each separate phase of the plan. In these all circumstances, plan approval of the remaining sections of the plan shall remain in effect for three years unless the developer requests and the board grant extensions of time equivalent to the requirements for approved plans in Section 16.36.05
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